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HomeMy WebLinkAboutAgenda Packet 2000/08/22 CITY COUNCIL AGENDA August 22, 2000 ~r 6:00 p.m. Council Chambers Public Services Building 276 Fourth Avenue, Chula Vista CI'IY OF CHULA VISTA City Council City Manager Patty Davis David D. Rowlands, Jr. John S. Moot City Attorney Stephen C. Padilla John M. Kaheny Mary Salas City Clerk Shirley A. Horton, Mayor Susan Bigelow The City Council meets regularly on the first calendar Tuesday at 4:00 p.m. and on the second, third and fourth calendar Tuesdays at 6:00 p.m. Regular meetings may be viewed at 7:00 p.m. on Wednesdays on Cox Cable Channel 24 or Chula Vista Cable Channel 47 AGENDA AUGUST 22, 2000 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 · OATH OF OFFICE: CHILD CARE COMMISSION - MYLLISSA MCCANN · OATH OF OFFICE: CHARTER REVIEW COMMISSION - SERGIO FERIA · OATH OF OFFICE: ECONOMIC DEVELOPMENT COMMISSION - DR. CARL A. NELSON · pRESENTATION BY A REPRESENTATIVE FROM THE CALIFORNIA ENERGY COMMISSION OF A "1999 ACES AWARD" TO BRAD REMP, BUILDING OFFICIAL, AND GORDON MURDOCH, DEPUTY BUILDING OFFICIAL, FOR ASSURING COMPLIANCE WITH ENERGY STANDARDS · RECOGNITION OF THE POLICE DEPARTMENT'S EMPLOYEES RECENTLY PROMOTED TO SERGEANT AND AGENT. SERGEANTS: DAVID EISENBERG, WILLIAM CLINE, AND LON TURNER; AGENTS: KENNETH HE1NZ, MATHEW HARDESTY, AND REID WALKER CONSENT CALENDAR (Items 1 through 8) The staff recommendations regarding the following items listed under the Consent Calendar will be enacted by the Council by one motion, without discussion, unless a Councilmember, a member of the public, or City staff requests that the item be removed for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak"form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed after Action Items. Items pulled by the public will be the first items of business. 1. WRITTEN COMMUNICATIONS A. Letter from the City Attorney stating that to the best of his knowledge from observance of actions taken in Closed Session on August 15, 2000, there were no actions taken which are required under the Brown Act to be reported. Staff recommendation: The letter be received and filed. 2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROViNG THE CHULA VISTA PUBLIC LIBRARY'S MEMBERSHIP IN THE TIERRA DEL SOL REGIONAL LIBRARY NETWORK AND AUTHORIZING THE MAYOR TO EXECUTE THE MEMBERSHIP AGREEMENT The Tierra Del Sol Regional Library Network is a state-funded program to support cooperative resource sharing and service delivery among libraries of all types throughout the state of California. The Tierra del Sol Regional Library Network will eventually supersede the Serra Cooperative Library System that was formed under the California Library Services Act. Each potential member of the Tierra del Sol Regional Library Network is required to complete an application for membership, which includes authorization to participate by its governing board or appropriate administrative authority. (Deputy City Manager Palmer) Staff recommendation: Council adopt the resolution. 3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHiNG DATES FOR PROPERTY OWNERS TO BE READY TO RECEIVE UNDERGROUND SERVICE AND FOR THE REMOVAL OF POLES AND OVERHEAD FACILITIES WITHiN UNDERGROUND UTILITY DISTRICT NO. 128, ALONG BROADWAY FROM "C" STREET TO "E" STREET On January 18, 2000, Council held a public heating and approved Resolution No. 2000-020 establishing Underground Utility District No. 128, along Broadway from C Street to E Street. In accordance with Section 15.32.150 of the Chula Vista Municipal Code, Resolution No. 18177 states that Council shall, by subsequent resolution, set the date upon which affected property owners must be ready to receive underground service and the date by which SDG&E shall remove utility poles, overhead wires and associated structures. The conversion of overhead utilities to underground is to be completed by April 30, 2001. (Director of Public Works) Staff recommendation: Council adopt the resolution. 4 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROViNG FiNAL "A" MAP NO. 1 FOR OTAY RANCH SPA ONE, VILLAGE ONE WEST, CHULA VISTA TRACT NO. 98-06, ACCEPTiNG ON BEHALF OF THE CITY OF CHULA VISTA THE LANDSCAPE BUFFER EASEMENTS, THE PUBLIC DRAiNAGE EASEMENTS, THE PEDESTRIAN, BICYCLE AND CART EASEMENTS, THE SIDEWALK EASEMENTS, THE EMERGENCY ACCESS EASEMENTS, THE ASSIGNABLE LIGHT RAIL EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, APPROViNG THE SUBDIVISION IMPROVEMENT AGREEMENT, REJECTING ON BEHALF OF THE PUBLIC THE EAST PALOMAR STREET RIGHT-OF-WAY, ACKNOWLEDGiNG ON BEHALF OF THE PUBLIC THE IRREVOCABLE OFFERS OF DEDICATION OF FEE INTEREST FOR OPEN SPACE LOTS C, D, E, F, G, H AND LOT I FOR PUBLIC PARK PURPOSES, AND AUTHORIZiNG THE MAYOR TO EXECUTE SAID AGREEMENT Page 2 - Council Agenda 08/22/2000 B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE "A" MAP SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 98-06, PORTION OF VILLAGE ONE WEST, OTAY RANCH SPA ONE AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REJECTING ON BEHALF OF THE PUBLIC THE IRREVOCABLE OFFER OF DEDICATION OF PUBLIC STREET AND OTHER PUBLIC PURPOSES, THE EASEMENT FOR DRAINAGE PURPOSES, THE EASEMENT FOR SIDEWALK PURPOSES AND THE ASSIGNABLE AND IRREVOCABLE EASEMENT FOR GENERAL UTILITY PURPOSES FOR A CERTAIN OFF-SITE PORTION OF EAST PALOMAR STREET On August 17, 1999, by Resolution No. 19572, Council approved a Tentative Subdivision Map for Chula Vista Tract 98-06, Otay Ranch SPA One, Village One West. Condition No. 15 of the resolution requires the developer to submit and obtain the City's approval of a master final map ("A" Map) of the tentative map showing "super block" lots. The "A" map is also required to show the public street dedications and backbone utility easements required to serve the superblock lots. (Director of Public Works) Staff recommendation: Council adopt the resolutions. 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FINAL "B" MAPS FOR CHULA VISTA TRACT NO. 96-04, OTAY RANCH SPA ONE, VILLAGE 5, UN~TS 9 AND 12 (PORTIONS OF NEIGHBORHOODS R-37 AND R-38), ACCEPTiNG ON BEHALF OF THE CITY OF CHULA VISTA THE ASSIGNABLE AND IRREVOCABLE GENERAL UTILITY AND ACCESS EASEMENTS AND THE PEDESTRIAN ACCESS EASEMENT ON UNIT 9 AND APPROVING TWO "B" MAP SUBDIVISION IMPROVEMENT AGREEMENTS, AND AUTHORIZiNG THE MAYOR TO EXECUTE SAID AGREEMENTS Adoption of the resolution will approve the Final "B" Maps for Units 9 and 12 of Otay Ranch Village 5 (CVT 96-04) and associated agreements. The Subdivision Improvement Agreements are executed by Otay Ranch V, LLC as owners. On April 20, 1999, Council approved the agreement for financing and construction of Olympic Parkway and related roadway improvements. The approval of the subject Final Maps is consistent with the cumulative equivalent dwelling unit threshold established by said agreement. (Director of Public Works) Staff recommendation: Council adopt the resolution. 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE ANIMAL SHELTER SIDEWALK IMPROVEMENT PROJECT (ST-525) AT BEYER WAY AND FOURTH AVENUE Page 3 - Cotmcil Agenda 08/22/2000 On July 19, 2000, the Director of Public Works received sealed bids for this project. The general scope of the project involves the construction of curb, gutter and sidewalk, the reconstruction of the existing pavement, and other work necessary to complete the project adjacent to the City's animal care facility, located at the intersection of Beyer Way and Fourth Avenue. (Director of Public Works) Staff recommendation: Council adopt the resolution. 7 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ACT1NG IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 99-2 (OTAY RANCH SPA ONE - VILLAGE ONE WEST), DECLARING THE RESULTS OF A SPECIAL ELECTION 1N SUCH COMMUNITY FACILITIES DISTRICT B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMML~ITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT), DECLARING THE RESULTS OF A SPECIAL ELECTION IN THAT AREA DESIGNATED AS COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT), IMPROVEMENT AREA "A", ANNEXATION NO. 1 C. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 99-2 (OTAY RANCH SPA ONE - VILLAGE ONE WEST) AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH COMMUNITY FACILITIES DISTRICT D. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) AUTHORIZING THE LEVY OF A SPECIAL TAX IN THAT AREA DESIGNATED AS COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT), IMPROVEMENT AREA "A", ANNEXATION NO. 1 On August 1, 2000, Council held a public hearing approving the resolutions making preliminary findings, passing upon protest and approving the Special Tax Report, authorizing submittal of levy of special taxes and annexation of certain territory in the future to the Community Facilities Districts Numbers 99-2 (CFD 99-2) and 97-2 (CFD 97q2, Preserve Maintenance District). On August 15, 2000, in the Office of the City Clerk, the property owners held an election and voted upon the formation of the district and to authorize the levy of a special tax lien on property within CFD 99-2 and CFD 97- 2. The election results will be presented at the meeting. These proceedings will also provide a mechanism for the future annexation actions to be initiated by the applicant to bring certain parcels into CFD 99-2 and CFD 97-2. The Rate and Method has considered and taken into account the future annexation application and has indicated the maximum special tax upon completion of the annexation proceedings. This particular CFD 99-2 will fund the perpetual operation and maintenance of certain landscape improvements including, but not limited to, the large slope areas facing Page 4 - Council Agenda 08/22/2000 Olympic Parkway, Paseo Ranchero, Telegraph Canyon, East Palomar and the Trolley Corridor within the Otay Ranch SPA One - Village One West. In addition, CFD 99-2 district liens will take over the obligations of Village One West with regard to CFD 98-1, the Interim Open Space Maintenance District, and a Notice of Special Tax Lien Cancellation will be filed 30 days after the CFD 99-2 certified vote is approved by Council. The formation of CFD 99-2 will also require the annexation to "Improvement Area A" of CFD 97-2. (Director of Public Works) Staff recommendation: Council adopt the resolutions and place the ordinances on first reading. 8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTiNG A CATASTROPHIC LEAVE POLICY FOR EMPLOYEES IN THE EXECUTIVE, SENIOR MANAGEMENT, MIDDLE MANAGEMENT, CONFIDENTIAL, CHULA VISTA EMPLOYEES ASSOCIATION, INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, CHULA VISTA POLICE OFFICERS ASSOCIATION, AND WESTERN COUNCIL OF ENGINEERS EMPLOYEES GROUPS This policy will give City employees the ability to donate their existing vacation, floating holiday, management leave and/or compensatory time to other employees who are required to be absent from work due to their own injm-y or prolonged illness or to care for an immediate family member. (Director of Human Resources) Staff recommendation: Council adopt the resolution. 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 A REQUEST TO AMEND THE OTAY RANCH SECTIONAL PLANNING AREA (SPA) ONE PLAN TO MOVE THE HIGH SCHOOL SITE IN VILLAGE TWO TO A LOCATION IN VILLAGE TWO ACCEPTABLE TO THE SWEETWATER UNION HIGH SCHOOL DISTRICT (PCM 00-14) 08/22/2000 Page 5 - Council Agenda The Otay Ranch Company has applied to amend the Otay Ranch Sectional Planning Area (SPA) One Plan to move the current location of the Village Two high school (a 50-net acre site) approximately 700 feet to the east in Village Two, to a site acceptable for the Sweetwater Union High School District. The SPA One amendment updates the proposed location of the high school site in Village Two and is consistent with the City of Chula Vista General Plan amendment and Otay Ranch General Development Plan/Subregional Plan (GDP/SRP) amendment. The City's Environmental Review Coordinator has determined that any impacts associated with the proposed Otay Ranch Sectional Planning Area One (SPA) Plan amendment relocating the Village Two high school site have been previously identified in amended SPA One Plan FEIR 97-03 and has therefore prepared an addendum to that document. (Director of Planning and Building) Staff recommendation: Council conduct the Public Heating and adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE OTAY RANCH SECTIONAL PLANNING AREA (SPA) ONE PLAN INCLUDING THE SPA ONE PUBLIC FACILITIES FINANCE PLAN TO MOVE THE CURRENT LOCATION OF THE VILLAGE TWO HIGH SCHOOL 10. CONSIDERATION OF APPROVAL OF THE TENTATIVE SUBDIVISION MAP KNOWN AS EASTLAKE TRAILS NORTH, CHULA VISTA TRACT 00-03, FOR A 207-LOT SUBDIVISION ON 30.6 ACRES AT THE SOUTHEAST CORNER OF OTAY LAKES ROAD AND HUNTE PARKWAY WITHIN THE EASTLAKE TRAILS PLANNING COMMUNITY (PCS 00-03) The EastLake Company submitted an application requesting approval of a tentative subdivision map known as EastLake Trails North, TN-5 and TN-6, Chula Vista Tract 00-03, in order to subdivide 30.6 acres into 207 single-family lots, four open space lots, and associated street improvements. The site is located at the southeast comer of Hunte Parkway and Otay Lakes Road, within the EastLake Trails planning community. The Environmental Review Coordinator has determined that environmental review for this project was covered under previous FSEIR 97-04, EastLake Trails/Greens Replanning Program, and, therefore, no further action is necessary. Staff recommendation: Council conduct the Public Heating and adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND ESTABLISHING CONDITIONS OF THE TENTATIVE SUBDIVISION MAP FOR EASTLAKE TRAILS NORTH, CHULA VISTA TRACT 00-03 Page 6 - Cotmcil Agenda 08/22/2000 ACTION ITEMS The items listed in this section of the agenda are expected to elicit substantial discussion and deliberation by the Council, staff, or members of the pub!lc. 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. 11. RESOLUTION APPROVING A CHANGE ORDER AND APPROPRIATING $170,563 FROM THE GENERAL FUND BALANCE AND UNANTICIPATED REVENUE FROM IMPERIAL BEACH ($103,571) AND LEMON GROVE ($21,666) FOR CONSTRUCTION OF A FOURTH BANK OF KENNELS AT THE NEW ANIMAL CARE FACILITY AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE SAID CHANGE ORDER ON BEHALF OF THE CITY (4/5THS VOTE REQUIRED) On March 7, 2000, Council adopted Resolution No. 2000-077, accepting bids and awarding the construction contract for the City's animal care facility to C & S Doctor, Inc., in the amount of $1,904,856. The contract provides for the construction of a 7,800 square-foot animal care facility with offices and medical facilities. The facility includes three banks of 28 kennels each, for a total of 84 kennels. Council was informed that staff would return with a recommendation to construct a fourth bank of kennels if sufficient revenues from contractual animal control services were identified. Through agreements with the cities of Imperial Beach and Lemon Grove, $168,571 are anticipated to be paid by July 2002. It is anticipated that a renegotiation of the contract with the City of National City will secure the remaining expenditure associated with the fourth bank. (Chief of Police/Director of Public Works) Staffrecommendation: Council adopt the resolution. 12. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DIRECTING THE CITY MANAGER TO CONDUCT FURTHER ANALYSIS REGARDING THE PURCHASE OF SR-125 TOLL ROAD FRANCHISE The City has retained the firm of Smith and Kempton to assist the City in efforts to assure that SR-125 is constructed in a timely manner. This facility is a crucial transportation element to serve the new developments in eastern Chula Vista and the entire eastem South Bay of San Diego County. At the Council meeting of May 2, 2000, Council directed staff to investigate the necessary actions and commitments needed for the City to be involved in a public toll road. A report from Smith Kempton outlines the necessary actions and studies required before considering entering into a joint powers agreement for ownership and operation of the toll road. (Director of Public Works) Staff recommendation: Council adopt the resolution. 08/22/2000 Page 7 - Council Agenda 13. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH OTAY WATER DISTRICT TO LOCATE RECLAIMED WATER FACILITIES WITHiN THE PROPOSED EASTLAKE GREENS "SPORTS PARK" The Otay Water District proposes to locate an underground concrete reclaimed water reservoir, an on-grade pump station and accompanying access easements at the future EastLake Greens "Sports Park," for which improvement plans are currently under review. (Director of Public Works) Staff recommendation: Council adopt the resolution. ITEMS PULLED FROM THE CONSENT CALENDAR OTHER BUSINESS 14. CITY MANAGER'S REPORTS A. Scheduling of meetings. 15. MAYOR'S REPORTS A. Ratification o£ appointment to the International Friendship Commission - Carmelita Vinson. B. Consideration of authorizing a member of the City Council to prepare arguments relating to ballot measure(s) to appear on the November 7, 2000 ballot. 16. COUNCIL COMMENTS CLOSED SESSION 17. CONFERENCE WITH LEGAL COUNSEL REGARDiNG SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) · One Case ADJOURNMENT to the Regular Meeting of September 12, 2000, at 6:00 p.m. in the Council Chambers. Page 8 - Council Agenda 08/22/2000 January 27, 2000 TO: The Honorable Mayor and City Council FROM: David D. Rowland~, Jr., City Manager SUBJECT: City Council Meeting of August 22, 2000 This will transmit the agenda and related materials for the regular City Council meeting of Tuesday, August 22, 2000. Comments regarding the Written Communications are as follows: lA. This is a letter from the City Attorney stating that to the best of his knowledge from observance of actions taken in Closed Session on August 15, 2000, there were no actions taken which are required under the Brown Act to be repot[ed. IT IS RECOMMENDED THAT THIS LETTER BE RECEIVED AND FILED. CI"IY OF CHULA VISTA OFFICE OF THE CITY ATTORNEY Date: August 17, 2000 To: The Honorable Mayor and City Council From: John M. Kaheny, City Attorney~~ Re: Report Regarding Actions Taken in Closed Session for the Meeting of 8/15/00 The City Council of the City of Chula vista met in Closed Session on 8/15/00 to discuss: · CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a): city of Chula Vista v. Stephen & Mary Birch Foundation, Inc., et al, Case No. SDSC GIC-743256-1 · CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b): One Case · CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957: City Negotiator: City Manager Employee Organization: Chula Vista Employees Association The Redevelopment Agency of the City of Chula Vista met in Closed Session on 8/15/00 to discuss: · CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a): Agency v. Rados Bros. (Case No. GIC734557-1) Agency v. Shinohara (Case No. GIS002460) The City Attorney hereby reports to the best of his knowledge from observance of actions taken in the Closed Session in which the City Attorney participated, that there were no reportable actions which are required under the Brown Act to be reported. JMK:lgk 276 FOURTH AVENUE, CHULA VIS~ · CALIFORNIA 91910 · (619) 69t-5037 · ~X (619) 409-5823 COUNCIL AGENDA STATEMENT ITEM ~ MEETING DATE: 8/22/00 ITEM TITLE: Resolution Approving the Chula Vista Public Library's membership in the Tierra del Sol Regional Library Network and Authorizing the Mayor to Execute the Membership Agreement SUBMITTED BY: Deputy City Manager Pa/me~') REVIEWED BY: City Manager 9~ (4/5ths Vote: Yes__ No X .) The Tierra del Sol Regional Library Network of the Library of California is a state-funded program to support cooperative resource sharing and service delivery among libraries of all types throughout the state of California. The Tierra del Sol Regional Library Network will eventually supersede the Serra Cooperative Library System. that was formed under the California Library Services Act. Each potential member of the Tierra del Sol Regional Library Network is required to complete an application for membership, which includes authorization to participate by its governing board or appropriate administrative authority. RECOMMENDATION: That Council approve the resolution authorizing the Chula Vista Public Library to join the Tierra del Sol Regional Library Network. BOARD/COMMISSION RECOMMENDATION: At their meeting of August 2, 2000 the Library Board of Trustees unanimously voted to endorse the Chula Vista Public Library's membership in the Tierra del Sol Regional Library Network. DISCUSSION: The Chula Vista Public Library, as well as most public libraries in the state, currently receives services through regional systems such as the Serra Cooperative Library System. These cooperative systems are part of the California Library Services Act (CLSA), which was established by state legislation in the late 1960's. It is anticipated that all services will transition from the CLSPdSerra System to the Library of California/Tierra del Sol Regional Library Network within the next two to five years Enacted by the California State Legislature in 1998, the Library of California is comprised of seven regional networks (Tierra del Sol is one of these networks), each organized to develop and deliver library services among libraries of all types in the region. While member libraries are expected to continue to provide services and facilities for their primary clientele, the Library of California is building the infrastructure to facilitate and enhance statewide resource sharing and service delivery. State funding provides for a base level of membership for each library that joins the Tierra del Sol Regional Library Network. This funding includes access to all state- Page 2, ITEM MEETING DATE: 8/22/00 funded regional services at no cost, as well as to those state-funded services provided to all libraries statewide. The Tierra del Sol Regional Library Network is in the process of development and is accepting applications for membership from libraries in this region. Because the members of the Library of California will include both pnhlicly-funded libraries as well as private corporate libraries, the network is organized as a 501c(3) non-profit tax-exempt corporation. The members will be public, specialized, corporate, academic, and school libraries in Imperial, Inyo, Riverside, San Bemardino and San Diego Counties. Tierra del Sol Regional Library Network services will be developed to include most of the same benefits received under CLSA/Serra as well as additional enhancements: 1. Reimbursement for loaning materials to other libraries and patrons of other libraries, such as currently happens under CLSA 2. Participation in promotional full-text database subscriptions at no cost 3. Participation in statewide negotiated contracts for full-text databases at reduced/subsidized cost 4. Access to regional reference support to augment local service 5. Inclusion in regional contracts to improve telecommunications infrastructure among libraries 6. Inclusion in regional contracts to improve remote patron authentication so that library users can access online library databases from outside the library 7. Access to a statewide network of resource libraries to provide library patrons with resources and materials not in local or regional libraries 8. Regional administrative support for library functions, including communications and delivery services 9. Ability to participate in the governance of the network and influence the direction of plans for network activities and services 10. Ability to purchase additional services at reduced cost, as negotiated by this network, another network, or statewide. The Tierra del Sol Regional Library Network intends to apply to the Library of California Board for recognition as a Library of California regional library network at its meeting in November 2000. In order to complete the necessary application forms, all libraries requesting charter membership must complete their forms and return them to the Tierra del Sol Regional Library Network no later than September 15, 2000. Libraries will be able to continue to join the Tierra del Sol Regional Library Network after this time. Page 3, ITEM MEETING DATE: 8/22/00 By becoming a member of the Tierra del Sol Regional Library Network, the Chula Vista Public Library agrees that it will: 1. Share resoumes and services with other members of the Tierra del Sol Regional Library Network. 2. Provide resources and services for other members of the Tierra del Sol Regional Library Network. 3. Meet the minimum resource-sharing performance standards of the Tierra del Sol Regional Library Network The Tierra del Sol Regional Library Network performance standards are compatible with the goals of the Chula Vista Public Library. These network standards are: 1. To the fullest possible extent, provide access to the bibliographic records and location information for those resources it has agreed to share with other libraries. 2. Participate in one or more of the following: · Interlibrary Loan · Patron referral and onsite services · Direct Loan · Electronic direct access 3 Have on-site paid professional staff a minimum of 50% of the open hours. 4 Document annually the level of on-site paid professional staff to validate the requirements in (3) above. 5 Fulfill any other applicable provisions of the Tierra del Sol Regional Library Network bylaws. The Chula Vista Public Library already meets, or expects to have no problem meeting, these performance standards. FISCAL IMPACT: The Library of California Act specifies that there can be no dues for membership; therefore there is no membership fee to join the Tierra del Sol Regional Library Network. All basic services for members will be funded by the State at no cost or reduced/subsidized cost. Enhanced services will be available to members for a fee; however, no members will be required to purchase any enhanced services or participate in a reduced/subsidized cost program as a condition of membership. Members are required to share resources with other member libraries, but the Tierra del Sol Regional Library Network/Library of California will provide funding to offset the cost of this sharing. Page 4, ITEM MEETING DATE: 8/22/00 Participation in some programs may require the commitment to local resources; however such commitment should be more than outweighed by the value received, as with training oppommities. Some of the programs that the Library will be able to participate in, as a result of membership, that will result in tangible financial impact include: 1. Contracts negotiated for databases and other services that will take advantage of the buying power of libraries statewide and will reduce the cost for local provision of full-text databases and other services to patrons 2. Relationships with major academic and resource libraries statewide that have the potential to reduce or eliminate the cost for receipt of materials and information fi.om these libraries. 3. Statewide funding of telecommunications infrastructure development within and between regional networks, including installation of both hardware and software to develop and enhance all types of communications among member libraries, enhancement of local capabilities to enable connections to the network and development of communications and marketing solutions. The Chula Vista Public Library currently pays $11,000 for membership in the Serra Cooperative Library System. It is anticipated that this membership fee may continue for the foreseeable future. The Serra System will not be abolished by law until public libraries receive the same level of service under the Library of California as they currently receive under the California Library Services Act. It is anticipated that it will take two to five before this mandated level of service by the Library of California is achieved. ATTACHMENTS: A. Tierra del Sol Regional Library Network Membership Authorization Form B. Library Board of Trustees Minutes - August 2, 2000 ATTACHMENT A Serving Cooperating Libraries of San Bernardino, Inyo, SYSTEM and Riverside Counties May 12, 2000 Dear Library Director, You are cordially invited to submit an application for membership in the Tierra del Sol Regional Library N~twork of the Library of California. Atter many years of dedicated effort, the Library of California is now ready to create its Regional Library Networks. By applying now, your library can become a charter member nfthis new and exciting organization. The Tierra del Sol Regional Library Network area includes some 500 libraries in five counties - Imperial, Inyo, Riverside, San Bernardino and San Diego. Known until recently as Region V, library directors who attended the April 4~ me,ting in Temccala selected our new name to reflect the uniqueness of our region which has seashores, mountain trails and deserts. It has the State's highest point, and it's lowest. And all areas bask in the California sunshine. Since the Region-wide meeting in March 1999, the Planning Committee and its sub-committees have worked diligently putting the necessary pieces in place to formally create the Tierra del Sol Regional Library Network. Those pieces include bylaws, a long-range plan and membership policies. A web site (www.tierrasol.org) is under construction and Planning Committee members continue to work on the many other tasks necessary to implement this marvelous new organization. Additional information and application forms are enclosed in this packet. The Planning Committee and I invite you and your library to become a charter member of the Tierra del Sol Regional Library Network. Sincerely / Chair, Tierra del Sol Regional Librmy Network Planning Committee 3581 Mission Inn Avenue · P. O. Box 468 · Riverside, CA 92502 · (909) 369-7995 Fax (909) 784-1158 · www.inlandlib.org Name ofInatitution or appropriate agency: City of Chula Vista, Chula Vista Public Library (College, corporation, hospital, school district, government agency, etc.) Address: 365 F Street Chula VistJ, CA 91910 Contact: David J. Palmer Title: Deputy City Mana.qer Phone: (619) 691-5170 Fax: (619) 427-4246 E-mail: dpalmer@chulavista.lib.ca.us 1. The above institution hereby applies for membership in Tierra del Sol Regional Library Network and agrees to abide by the Tierra del Sol Regional Library Network Membership Policies and Guidelines (attached). 2. The institution agrees not to reduce funding for library services as a result of participation in this program. 3. The institution agrees to: a. Share resources and services with other members of Tierra del Sol Regional Library Network in accordance with their available resources and expertise. b. Provide resources and services for other members of Tierra del Sol Regional Library Network in accordance with their resources and expertise. c. Meet the minimum resource-sharing performance standards as set forth in Tierra del Sol Regwnal Library Network Membership Policies and Guidelines. 4. The institution recognizes, in accordance with the Education Code, sec'don 18830, that in order to become a member of Tierra del Sol Regional Library Network, its Board of Governance or the appropriate Administrative Authority shall take action to approve network membership. 5. The institution certifies that all information provided herein is accurate. Signature (Appropriate Authority): Date: Name: Shirley Horton Title: Mayor TDSRLN Authorization Form May, 2000 (Please complete and attach separate forms for each participating library) Name ofParticipatingLibrary: Chula Vista Public Library Ad,ess: 365 F Street Chula Vista, CA 91910 C0n~t: David J. Palmer Title: ..Deputy City Manager Phone: (619) 691-5170 Fax: (619) 427-4246 E-m~l: dpa lmer @ chulavista, lib. ca. us 1. What type of library are you? Check one rn Academic r~ School ~ Public - CLSA rn Special(ized) ra Public - Not CLSA 2. Please attach a copy of your library's Mission Statement and Service Objectives. 3. What are the library hours of service (hours that the library is staffed)? Monday through Thursday 10:00 am to 9:00 pm Friday and Saturday 10:00 am to 6:00 pm Sunday 1:00 pm to 5:00 pm 4. Library Collection: a. Number ofbook titles OR Volumes 459,264 b. Collection organized by (please check all that apply): X Dewey Decimal Classification Library of Congress classification National Library of Medicine classification Other (Please specify): TDSRLhr Participating 1.4brary Application form May, 200O Page I of 2 ) ~ 5 1 c. Collection accessed by (please check all that apply): Card catalog Book c~talog X.. Online Ca,dog URL of cataJog www. chulavista, lib. ca. us CD ROM ca~o§ Other (Please specify): d. Number of current journal subscriptions 1 ~ 9 8 4 5. Name of professional, designated, on-site, paid staffmember meeting membership eligibility requirements: 23.67 FTE ALA Pereentoflimeon-site: 100% Librarians Qualifications (Please check all that apply): X Master's degree in library or information science California library media teacher credential as issued by the Commission on Teacher Credentialing __ Neither of the above, equivaieney substitution requested (application will be given full ennsideration when the Board o£Direetors has been established) 6. Please describe your funding source which supports yonr budget/expenditures: (examples: dedicated funding base; allocation by governing board/administering authority; other to be specified) City General Fund 7. The participating library agrees to participate in the following resource sharing activity(ies). (Please check at least one) X Inteflibraty Loan X Direct Loan X Patron referral and onsite services X Electronic direct access TDSRLN Participating Library Application form May, 2000 P~? 2 9f ~ CI-tULA VISTA PUBI_IC LIBRARY JuLY 2000 BY DEVELOPING AND PROVIDING A RICH MIX OF CULTURAL AND INFORMATION SERVICES RESPONSIVE TO THE RESIDENTS' NEEDS, THE CHUL~A VISTA PUBLIC LIBRARY SUPPORTS THE EDUCATIONAL, SOCIAL, AND ECONOMIC DEVELOPMENT OF THE COMMUNITY. GOALS: 1 . ESTABLISH AND MAINTAIN A CONSISTENT, ACCESSIBLE LEVEL OF SERVICE EXCELLENCE TO A MULTI'<:;ULTURAL PUBLIC WITH A WELL TRAINED STAFF. 2. DEVELOP A LONG-RANGE PLAN (3-5 YEARS) FOR QUALITY LIBRARY SERVICE TO THE COMMUNITY, INCLUDING THE USE OF NEW TECHNOLOGIES. 3. MAINTAIN A QUALITY AND RESPONSIVE MATERIAL~ COLLECTION THROUGHOUT THE SYSTEM. 4. ENCOURAGE YOUNG PEOPLE TO DEVELOP AN INTEREST IN READING AND LEARNING THROUGH A VARIETY OF SERVICES FOR CHILDREN AND YOUNG ADULTS. 5. DELIVER QUALITY INFORMATION SERVICES RESPONSIVE TO INDIVIDUAL AND COMMUNITY NEEDS, 6, COLLECT, PRESERVE AND MAKE AVAILABLE THE HISTORY OF CHULA VISTA, 7. PROVIDE OPPORTUNITIES FOR LIFE-LONG LEARNING, INCLUDING ADULT LITERACY SERVICES, 8. PROMOTE AWARENESS AND INTEGRATE THE SERVICES OF THE LIBRARY INTO THE CHULA VISTA COMMUNITY. 9. REFLECT THE VARIED CULTURAL HERITAGE OF THE COMMUNITY RESIDENTS WITH PROGRAMS AND DISPLAYS 10. MAINTAIN ATTRACTIVE, STRUCTURALLY SOUND, AND SAFE LIBRARY FACILITIES. July 2000 ~Vhat is the Library of California? The Library of California (LOC) rofers to the new law for h'braxy cooperation. The ordinal legislation (SB409) was passed and signed by the Governor in 1998. Thc law bec. amc cffeetivc ~anuat~ 1, 1999 and on that date the CalLfornla Libra~ Services Board (CLSB) became d~e Libra~ of California Board (LOCB) with the reaponsibility of overseeing both Acts. The new "Regional Libxm'y Networks" will be the prinm~ service units, providing a s~mless system of libra~ resources for the benefit of all Californi~n~ There is nmch planning and implemen~mion work left before all of thc LOC programs are fully implemented, but there are umny people, librarians and librsxy users, throughout out the state working to make it a reality. What are the Inland Librar~ System (ILS) and the Serra Cooperative Library System? ILS and Se~ra are cooperative public libra~ systems formed under the California L~rary Se~ices Act (CLSA) and administer~ by the CLSB and, now, the LOCB. ILS and Serra serve public libraries in Imperial, Inyo, Riverside, San Bernardino and San Diego Coantiss - the szme geographic area served by the Tierm de! Sol Regional Library Network (a.k~ Library of California Planning Region V). How is LOC different from CLSA ? CLSA promotes the shAr~ug of resources among public libraries and LOC promotes sharing among all types of libraries. W~ll LOC abolish ILS and Serra? The LOC law states that CLSA will be repealed only when public libraries receive the same level of service under LOC that was provided under CLSA. Since Region V and Tierra del Sol Regional LibrarF Netv~ork have not hired any staff yet, who is sending our librarF this material? The Inland Library System is the fiscal agent for the planning gt'ants that have been approved by thc LOCB. Inland Library System staff also act as the contact point for Region V information from the California State Library and from you. There is also a large Regional Planning Committee and several suboommittees who are working to get the Region organized. Why is n~ librer~ invited to/oin the Tierra del Sol Regional Ne~ork (Planning Region ~ ? For planning purposes eight regions were approved by the LOC Board. Tierm del Sol - Region V encompasses the combined areas of the ILS and Serra CLSA systems. Libraries of all types within these boundaries have been invited to participate in the planning process. Prospective member libraries were invited to submit proposals for a name for the Planoing Region. The Region V Planning Committee narrowed the submissions down to three names. Ballots were included with invitations to the fuli regional meeting held on April 4, 2000. Ballots were counted and the name announced at that meeting. I've looked at the Membership Application Packet and want to apply to be a charter member but I have some qvestions about the application process. Where can ! get more information? Contact: Kathy Aaron, Chair of thc Ticrm del Sol Regional Planning Committee (909) 369-7999 kaaron_~,,inlandlib.org oY David Rios, ChAir 0£ the Tierra del Sol Membership Policies and Procedures Committee (909) 558-4581 dfiesl~.dwebb.llu.edu TDSRLN FA QS May, 2000 Page 1 of l These definitions are taken from the Library of California Act (California Education Code, Title 1, division 1, Paxt 11, Chapter 4.5, Articles 1-8, Section 18810) Academic Library A library established and maintained by a college or university of other postsecondary institution to meet the educational needs of its students, faculty, staff and other by a~-eement Act The Library of Caiifomia Act (California Education Code, Title 1, Sections 18800-18870) Direct Loan The lending ora book or other item, or furnishing a copy directly to a borrowe~, in person or through electronic means Document Delivery The transmission, in response to a request, of information fi-om on library to another, in either a physical or digital format. Electronic Direct Access The provision of electronic borrowing, or electronic document delivery services directly to library users, or both Information Agencies Institutions that provide or preserve, or both, information resources, such as archives, historical societies, libraries and museums Institution A business or corporation, college, correctional facility, education agency, governmental agency, hospital, not-fur- profit organization, professional association, school district, or other organized group that is authorized by law and that operates one or more libraries. These libraries would be academic, school, or special libraries located in California Interlibrary Loan The lending or providing of a book or other item, or furnishing a copy, fi-om one library to another library that is under a different jurisdictional administration as the result ora request for the item fi-om its primary clientele. Interlibrary Reference The providing of information by one library or reference center to another library or reference center that is under a different jurisdictional or institutional administration as the result nfa request fi-om, its primary clientele for information that is beyond that library's mission and resources. Library of California Established by the Library of California Act to provide a statewide plan to bring together the information and resources of all California libraries for the use of all Californians. Library User A Californian who is part of the primary clientele ora library but does not work for that library. TDSRL3r Definitions May, 2000 Page J of 3 Network Region A geographical subdivision of California within which libraries Organize as a regional library network under the Act for the purpose of resource sharing and mutual cooperation. Participating Library The libraries of a public library jurisdiction that is a member of regional library network or a library of an institution that is a member cfa regional library network if that library decides to participate in a regional library network and meets the eligibility standards set forth in Section 18830 of the Act. Patron Referral The accepted procedure among.libraries by which onsite services are made available in an appropriate format to people who would otherwise not be able to utilize them Preservation The Prevention or delay of deterioration of~ and damage to, archival and library materials through the appropriate environmental controls or treatment, or both. For the purposes of this chapter, preservation encompasses conservation, digitization, and t duplication of endangered mate. Hals in a different format. Primary Clientele The people for whom the library has been established to provide services. It includes people served by different outlets of its jurisdiction or institution. A person may be a member of the primary clientele of more than one type of library. Public Library A library, or two or more libraries, operated by a single . jurisdiction to meet the needs of its primary clientele and I others by agreement. Public Library A county, city and county, city or any district that is Jurisdiction authorized by law to provide public library services and that operates a public library Region V The state of California was divided imo eight regions for planning purposes. The number V was assigned to our region, which we have named the Tierra del Sol Regional Library Network Regional Library The administrative body over each regional library network, Council on which all members are represented. Regional Library A not-for-profit, cooperative organization established by the Network Library of California Board composed of libraries within the public library jurisdictions or institution that choose to become members and agree to share resources and services with, or provide resources and services to, or both, other members of the regional library network.. Resources Library materials that include, but are not limited to, print, nonprint materials and' microformats; network resources such as sof~ware, hardware, and equipment; electronic and magnetic records; databases; communication technology; TDSRLN Definitions · May, 2000 Page 2 of 3 facilities; and human expertise. School Library A library that is established to support the curriculum- related research and instructional reading needs of the pupils and teachers and provides the collections, related equipment, and instructional services of a staff for an elementary or secondary school. Special Library A library maintained by a parent organization to serve a specialized clientele; or an independent library that may provide specialized materials or services, or both, in a specific subject to the public, a segment of the public, or other libraries. It is maintained by an association, business or corporation, government agency, research institution, learned society, not-for-profit organization, professional association, museum, industrial enterprise, chamber of commerce, or other organized group and is characterized by its depth of subject coveral~e. Statewide Resource Those libraries in California that have the most Library Group comprehensive or specialized resources, or both, in topics needed by people statewide or regionally and that agree to provide access to their resources to all members of all regional library networks. State Board The Library of California Board which has 13 members. Tierra del Sol Regional A non-profit tax-exempt corporation formed under the Library Network 501c(3) portion of the California Corporations Code. Libraries in Imperial, Inyo, Riverside, San Bernardino and San Diego Counties that meet minimum eligibility requirements are eligible to apply for membership. Type of library Means academic, public, school or special(ized) library. Underserved Any population segment with service needs not adequately met by traditional library service patterns; including, but not limited to: children, disabled, economically disadvantaged, ethnic and culturally diverse population, geographically isolated, illiterate, institutionalized, non-English speaking, and youn[~ adults. TDSP~N Definitions May, 2000 Page 3 of 3 ATTACHMENT B Library Board of Trustees -3- August 2, 2000 IlL NEW BUSINESS A. Authorizing the Chula Vista Public Library to join the Tierra del Sol Regional Library Network MSUC (Clover/Hubbard) Trustees supported the Library's decision to join the Tierra del Sol Regional Library Network. B. Library Master Fee Schedule Trustee were in favor of the changes to the Master Fee Schedule. (Vice Chair Clover left the meeting at 5:10 pm) MSUC (Hubbard/Pasqua) Trustees supported the changes to the Library Master Fee Schedule as presented. C. Election of Officers MSUC (Clover/Hubbard) to re-elect Mary Ellen Deason as Library Board Chair and to elect George Hartman as Vice Chair. D. Setting Meeting Schedule It was agreed that Library Board meetings would continue to be held on the third Wednesday of each month with the November and December meetings held on November 15th. IV. LiBRARY DIRECTOR'S REPORT A. Summer Reading Program and Council Recognition The Summer Reading Program has been very successful, with over 5,000 children and young adults registered. The City Council will recognize the top readers fi:om the Program on August 154 and thank Soak City for their donation of free admission tickets to the children who signed up for the program. B. Benefactors' Gala The Second Annual Benefactors Gala will be held on September 22 to thank individuals who have donated over $250 or more to the library. Alicia Guerrera, the second grader who has won the Reading Rainbow writing contest will be one of the celebrities at the Gala. C. Legislative Update The Governor vetoed full funding for the Public Library Fund. Full funding would have provided an additional $70,000 for the Chula Vista Public Library. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CHULA VISTA PUBLIC LIBPd%RY'S MEMBERSHIP IN THE TIERRA DEL SOL REGIONAL LIBRARY NETWORK AND AUTHORIZING THE MAYOR TO EXECUTE THE MEMBERSHIP AGREEMENT WHEREAS, the Tierra del Sol Regional Library Network of the Library of California is a state-funded program to support cooperative resource sharing and service delivery among libraries of all types throughout the state of California; and WHEREAS, the Tierra del Sol Regional Library Network will eventually supersede the Serra Cooperative Library System that was formed under the California Library Services Act; and WHEREAS, each potential member of the Tierra del Sol Regional Library Network is required to complete an application for membership, which includes authorization to participate by its governing board or appropriate administrative authority. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the Chula Vista Public Library's membership in the Tierra del Sol Regional Library Network. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute the Membership Agreement. Presented by Approved as to form by Deputy City Manager ~-ty Attorney [H \HOME~ATTORN EY\RESO/Tie~ra del Sol Members0ip (Augus[ 11,2000 (1:29pm)] COUNCIL AGENDA STATEMENT Item Meeting Date 8/22/00 ITEM TITLE: Resolution establishing dates for property owners to be ready to receive underground service and for the removal of utility poles and overhead facilities within Underground Utility District No. 128, along Broadway from "C" Street to "E" Street SUBMITTED BY: DirectorofPubhcWorks~q~/_ REVIEWED BY: City Manager ~!,~ (4/5ths Vote: Yes No X ) On January 18, 2000, the City Council held a public hearing and approved Resolution No. 2000- 020 establishing Underground Utility District No. 128, along Broadway from "C' Street to "E" Street. In accordance with Section 15.32.150 of the Chula Vista Municipal Code, Resolution 18177 states that the City Council shall by subsequent resolution set the date upon which affected property owners must be ready to receive underground service and the date by which SDG&E shall remove utility poles, overhead wires and associated structures. The conversion of overhead utilities to underground is to be completed by April 30, 2001. RECOMMENDATION: That Council approve the resolution to: I. Set February 2, 2001 as the date by which affected property owners within Underground Utility District No. 128, along Broadway from "C" Street to "E" Street shall be ready to receive underground service. 2. Set April 30, 2001 as the date by which all utility poles, overhead wires and associated structures shall be removed within Underground Utility District No. 128, along Broadway from "C" Street to "E" Street. BOARD COMMISSIONS RECOMMENDATION: Not applicable DISCUSSION: On January 18, 2000, the City Council held a public hearing and approved Resolution No. 2000- 020 establishing Underground Utility District No. 128, along Broadway from "C" Street to "E" Street. Also, in accordance with the City Municipal Code and said resolution, the City notified all property owners within the district of the relevant provisions by mailing each owner and resident a copy of said resolution. During the meeting of the Utility Undergrounding Advisory Committee (UUAC) on July 12, 2000, the utility representatives informed Engineering staff that they could meet the following schedule for the subject underground conversion district: Date for customers to be ready to receive underground service February 2, 2001 Date for the completion of undergrounding work and the removal of overhead utilities, poles and associated structures April 30, 2001 Page 2, Item Meeting Date 8/22/00 Upon approval of this resolution, notices of these dates will be sent to residents and owners of real property within the undergrounding district. Exhibit "A" shows a listing of those property owners and residents within the boundary limits of the underground district as shown in Exhibit "B'. The conversion work by the affected property owners will involve trenching, backfilling, installation of conduits from the property line to the point of connection, and installation of other required equipment. A community meeting will be scheduled before the start of the construction to answer any question that a property owner or resident might have regarding the utility undergrounding project. Utility company representatives will be available to answer any questions. On July 11, 2000, the City Council approved Resolution 2000-233 amending City Council Policy 585-1 expanding the use of SDG&E utility funds to reimburse all affected property owners for eligible items of work. Under the new policy, the existing reimbursement for trenching and conduit(s) installation was increased and it also added a new reimbursement for the modifications of existing electrical meter panel. Property owners will be reimbursed $35 per foot of trenching up to a maximum of 100 feet. Property owners will also be reimbursed $300 to $400 for any modification of existing meter service panel. The modification of the meter service panel will be reimbursed at $300 for commercial and residential properties. For other commercial and multi- family dwelling units (apartments and condominiums) with at least 200-ampere service panel, the reimbursement amount will be $400. Other work required to complete the undergrounding will not be reimbursable. This reimbursement is designed to help property owners defray a portion of the total cost of their respective underground conversion work. The City will reimburse each property owner after receipt of said funds from SDG&E and upon completion of the building permit process. A total of nineteen (19) properties will be reimbursed. Exhibit "C" gives an estimate of the reimbursement to each affected property owner. City Council Policy 585-1 allows the City to use utility undergrounding funds to reimburse all affected properties for the cost of undergrounding of private service laterals. FISCAL IMPACT: The cost of utility pole removal, undergrounding overhead facilities and private property conversion reimbursements as outlined above is estimated to be $520,000. SDG&E's allocation funds (Rule 20A) will cover the estimated cost of the project. The estimated subsidy to property owners for their portion of eligible work is approximately $19,500. A new street light installation (TF288) Capital Improvements Program (CIP) project, budgeted at $88,000, will coincide with the utility undergrounding. All staff costs associated with the undergrounding of utilities are not reimbursable from the allocation funds and, therefore, are borne by the general fund. Attachments: Exhibit A - Notification Mailing List Exhibit B - Boundary Map Exhibit C - Lists of affected parcels and property owners qualifying for reimbursement File No. 810-20-AY101 H:\HOME\ENGINEER\AGENDA\00a-Broadway ready dates.rdj.doc BROADWAY FROM "C" STREET TO "E"STREET UNDERGROUNDING MAILING LIST July 21, 2000 AFFECTED PROPERTY OWNERS 5650401400 A & P Laundry & Dry Cleaners Mary J Machado Trust 48 Broadway 4633 Villas Place Chula Vista, CA 91910 Bonita, CA 91902 5650600500 Chula Vista Auto Body Turner & Edna E Stark Trust 24 Broadway 184 "L" Street Chula Vista, CA 91910 Chula Vista, CA 91911 Chula Vista Blueprim Co. Stark Manufacturing Co 26 Broadway 76 Broadway Chula Vista, CA 91910 Chula Vista, CA 91910 5650401300 5650600700 Frank E & Frances O Walsh Trust 5650600900 362 San Miguel Drive Alfred R & Cheryl L Dephilippis Chula Vista, CA 91911 806 Calle Lagasca Chula Vista, CA 91910 Broadway RV Trailer Supply 36 Broadway Filippi's Pizza Grotto Chula Vista, CA 91910 82 Broadway Chula Vista, CA 91910 5650401500 Oscar H & Julieta Medina 5651623100 1513 Melrose Avenue John V & Cheryl A Lopez Chula Vista, CA 91911 110 Broadway Chula Vista, CA 91910 Deluxe Radiator & Transmission Service 44 Broadway J & C Carpet Chula Vista, CA 91910 110 Broadway Chula Vista, CA 91910 5650401600 Thomas & Lillie E Volk 5651623000 8711 Prison Camp Road 5653201600 Robersonville, NC 27871 Henry Bogigian Trust 6245 Viewpoim Drive San Diego, CA 92139 EXHIBIT "A" 3D Paint And Body Occupant 118 Broadway 136 1/2 Broadway Chula Vista, CA 91910 Chula Vista, CA 91910 Star Gazer Club 5651621600 33 Broadway Sergio F Garcia & Celia N Flores Chula Vista, CA 91910 140 Broadway Chula Vista, CA 9191 5651622100 Otis V 8: Patsy E Davis Medina's Transmission 50 Madison Avenue 140 Broadway Chula Vista, CA 91910 Chula Vista, CA 91910 Occupant 5651622700 120 Broadway John H & May G Stone Chula Vista, CA 91910 774 Monserate Avenue Chula Vista, CA 91910 5651621900 5651622000 Zapotlan Parts Armilda R Guthrie Trust 142 Broadway 514 Otis Street Chula Vista, CA 91910 Chula Vista, CA 91910 Occupant Once New Auto Sales 146 Broadway 126 Broadway Chula Vista, CA 91910 Chula Vista, CA 91910 5652301700 5651621700 Ralph K & Margaret M Fogerty Trust 5651621800 3726 Bayside Walk, Chris C & Martha J Bulldis Trust San Diego, CA 92109 720 Del Mar Avenue Chula Vista, CA 91910 Charlie's Auto Electric 186 Broadway Farmers Insurance Chula Vista, CA 91910 132 Broadway Chula Vista, CA 91910 5650802300 Miguel Valencia Karate Studio LC Motors 134 Broadway 71 Broadway Chula Vista, CA 91910 Chula Vista, CA 91910 Francois Hair Design 5653300100 136 Broadway Richard D Callahan & Patricia G Chula Vista, CA 91910 3247 Los Olivos Lane La Cresenta, CA 91214 Occupant Ronnie' s Electronics 77 Broadway 165 Broadway Chula Vista, CA 91910 Chula Vista, CA 91910 5653300200 5652400400 Oceanwave Management Corp 5652400500 698 Flower Street, #8 Walter R Schanuel Chula Vista, CA 91910 7968 English Oaks Cv Sandy, UT 84093 Avon Motel 99 Broadway Vista Team Auto Sales Chula Vista, CA 91910 169 Broadway Chula Vista, CA 91910 5651703200 5652400600 Randy I & Lil F Chemiss Trust William E & Annona L Franklin Trust 272 Greenwood Place P O Box 655 Bonita, CA 91902 Chula Vista, CA 91912 J&L Auto Repair Steve's Cabana Bar 107 Broadway 173 Broadway Chula Vista, CA 91910 Chula Vista, CA 91910 5651703500 5652402100 McMillin Development Inc Shell Oil Co C/O McMillin Commercial Realty P O Box 2463 2727 Hoover Avenue Houston, TX 77252 National City, Ca 91950 Broadway Shell Station Smitty' s Tavern 199 Broadway 115 Broadway Chula Vista, CA 91910 Chula Vista, CA 91910 5652402400 5651702200 Rader, Hilda L Trust Milton J & Janice L Halter 5908 Edgewater Street 123 Broadway San Diego, Ca 92139 Chula Vista, CA 91910 Ratonel Shell Self-Serve/Mini-Mart Milt's Used Auto Sales 199 Broadway 123 Broadway Chula Vista, CA 91910 Chula Vista, CA 91910 5652400200 5652400300 John A Wishon 7500 W Lake Mead Blvd; PMB 196 Las Vegas, NV 89128 INFORMATIONAL MAILING ONLY. NOT PART OF UNDERGROUNDING 5650401100 Fogerty Bros Trailer Court Circle K Stores Inc 184 Broadway P O Box 52085 Chula Vista, CA 91910 Phoenix, AZ 85072 5652302600 Circle K Store Atlantic Richfield Co 58 Broadway C/O Ps & T Tax Dept Chula Vista, CA 91910 P O Box 512485 Los Angeles, CA 90051 5650600400 Highway Lodge, Inc. Arco Self Serve Station 70 Broadway 196 Broadway Chula Vista, CA 91910 Chula Vista, CA 91910 Highway Inn Motel 5653201500 70 Broadway Mary J Machado Trust Chula Vista, CA 91910 4633 Villas Place Bonita, CA 91902 5650601200 5650601300 Enterprise Rent-A-Car Alfred R & Cheryl L Dephilippis 29 Broadway 806 Calle Lagasca Chula Vista, CA 91910 Chula Vista, CA 91910 SENCO Foreign Auto Supply 29-A Broadway 98 Broadway Chula Vista, CA 91910 Chula Vista, CA 91910 5653201100 5651622800 Carol Huvar Sanford S & Charolette F Scherer Trust 45 Broadway 3838 Alameda Way Chula Vista, CA 91910 Bonita, CA 91902 Cheely's Auto Parts Zorba's Family Restaurant 45 Broadway 100 Broadway Chula Vista, CA 91910 Chula Vista, CA 91910 5650800100 5652301700 Otis V & Patsy E Davis Ralph K & Margaret M Fogerty Trust 50 Madison Avenue 3726 Bayside Walk, Chula Vista, CA 91910 San Diego, CA 92109 Davis Auto Body Mattress Outlet 55 Broadway 183 Broadway Chula Vista, CA 91910 Chula Vista, CA 91910 5651703200 Mariscos Marisol Randy I & Lil F Cherniss Trust 193 Broadway 272 Greenwood Place Chula Vista, CA 91910 Bonita, CA 91902 Tire World 101 Broadway H:~-IOME~ENGINEERb~D VPLAN~UUDIST\broadc&Broa Chula Vista, CA 91910 dway Property Address.doc 5651702300 5651702400 5651702500 5651702600 Sara Artenstein, 85 Via De Laurencio Chula Vista, CA 91910 Rising Sun Auto Parts 131 Broadway Chula Vista, CA 91910 MP Motors Auto Sales 147 Broadway Chula Vista, CA 91910 5652400100 Fauzi Zora 3189 Main Street Chula Vista, CA 91911 Broadway Liquor 151 Broadway Chula Vista, CA 91910 5652402500 5652402600 Walter G Estate English C/O Gerald Handler 3303 Ruffin Road San Diego, CA92123 UTILITY UNDERGROU,,N,,,D, DISTRICT NO. 128~1~ U"DER. ROU.DD,S~.,OTSOU.D^.Y a,o,,,~way C' St to "E" St DUSK-DAWNUGHT W UTILITY POLES TO BE REMOVED ~ AFFECTED PROPERTY OWNERS EXHIBIT "B" s 8 o o o o o ~o~o 0 88 8 8 8 8 88 8 8 8 8 88 88 8 888 8 8 8 8 8 8 8 8 8 oo 8 2 8 8 °° 8 8 8 8 88 88 8 800 8 8 8 8 8 8 8 8 8 ~ 8 8 ~ 8~ ~°°° 8 8 8 8 8 8 o 88 888 8008888 888888888888888 88 o 8 0 o oo o o ~ o~ ~ o o o °8 828 ~ ~ 8 ~ ~ § ~ 8 8 ~ 8 g 88 ~ °°~ ~ o ~ o ~ o o ~ ~ z ~ ~ B © ~ RESOLUTION NO. RESOLUTION OF THE CITY COUlqCIL OF THE CITY OF CHULA VISTA ESTABLISHING DATES FOR PROPERTY OWNERS TO BE READY TO RECEIVE UNDERGROUND SERVICE AND FOR THE REMOVAL OF POLES AND OVEP~HEAD FACILITIES WITHIN UNDERGROUND UTILITY DISTRICT NO. 128, ALONG BROADWAY FROM STREET TO ~E"-STREET WHEREAS, the 'City Council has heretofore by Resolution No. 2000-020 established Underground Utility District No. 128 along Broadway from "C" Street to "E" Street; and WHEREAS, in accordance with Section 15.32.150 of the Chula vista Municipal Code, Resolution No. 18177 states that the City council shall by subsequent resolution set the date upon which affected property owners must be ready to receive underground service and the date by which SDG&E shall remove utility poles, overhead wires and associated structures. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that the following dates are hereby established ordering the property owners to prepare properties for receipt of underground utilities: 1. The property owners within Underground Utility District NO. 128 shall be ready to receive underground service on February 2, 2001. 2. Poles, overhead wires and associated overhead structures shall be removed from parcels within Underground Utility District No. 128, by April 30, 2001. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be, and she is hereby directed to forward a certified copy of this resolution to all affected utility companies and property owners. Presented by Approved as to form by John P. Lippltt, Director of '~orMn yK Public Works ~ aheny'~City COUNCIL AGENDA STATEMENT Item Meeting Date 8/22/00 ITEM TITLE: Resolution Approving Final "A" Map No. 1 for Otay Ranch SPA One Village One West, Chula Vista Tract No. 98-06. Accepting on behalf of the City of Chula Vista, the Landscape Buffer Easements, the Public Drainage Easements, the Pedestrian, Bicycle and Cart Easements, the Sidewalk Easements, the Emergency Access Easements, the Assignable and Irrevocable General Utility and Access Easements, and the Assignable Light Rail Easements Granted on Said Map within Said Subdivision, approving the Subdivision Improvement Agreement and authorizing the Mayor to execute said agreement. Rejecting on behalf of the Public the East Palomar Street Right of Way. Acknowledging on behalf of the Public the Irrevocable Offers of Dedication of Fee Interest for Open Space Lots C, D, E, F, G, H and Lot I for Public Park Purposes. Resolution Approving the "A" Map Supplemental Subdivision Improvement Agreement for Chula Vista Tract No. 98-06, Portion of Village One West, Otay Ranch SPA One and authorizing the Mayor to Execute Said Agreement Resolution Rejecting on behalf of the Public the Irrevocable Offer of Dedication of Public Street and Other Public Purposes, the Easement for Drainage Purposes, the Easement for Sidewalk Purposes and the Assignable and Irrevocable Easement for General Utility Purposes for a certain off-site portion of East Palomar Street. SUBMITTED BY: Director of Public Works/~ REVEEWED BY: City Manager (~0~' (4/5ths Vote: Yes No X ) On August 17, 1999, by Resolution No. 19572, the City Council approved a Tentative Subdivision Map for Chula Vista Tract 98-06, Otay Ranch SPA One, Village One West. Condition No. 15 of the Resolution requires the developer to submit and obtain the approval of the City of a master final map ("A" Map) of the tentative map showing "super block" lots. The "A" map is also required to show the public street dedications and backbone utility easements required to serve the super block lots. RECOMMENDATION: That Council adopt the following: 1. Resolution approving the Final "A" Map. 2. Resolution approving the "A" Map Supplemental Subdivision Improvement Agreement. 3. Resolution rejecting the offer of dedication and associated agreements for a certain offsite portion of East Palomar Street. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable Page 2, Item __ Meeting Date 8/22/00 DISCUSSION: The project is generally located south of Telegraph Canyon Road and west of Pasco Ranchero within the area of Otay Ranch Village One designated as Otay Ranch Village 1 West. The subdivision map consists of 22 numbered lots and 13 lettered lots for a total of 272.6 Acres (see Attachmem 1). Four Super Blocks located north of East Palomar Street will have final maps ("B maps") tentatively scheduled for approval at the September 12, 2000 Council meeting. The developer is dedicating to the City: · a 7.17 Acre park south of East Palomar Street · an assignable light rail easement connecting Telegraph Canyon Road to East Palomar Street · an Emergency Access Easement connecting Telegraph Canyon Road to the north west comer of the project · East Palomar Street from the Sunbow boundary to Pasco Ranchero · Over 35 acres of Open Space, to be maintained by CFD 99-2, approval of which is also on tonight's agenda · A public pedestrian, bicycle and cart easement connecting Telegraph Canyon Road to East Palomar Street via a trail and the internal private streets. The final map for said subdivision has been reviewed by the Public Works Depat'hnent and found to be in substantial conformance with the approved Tentative Map. Approval of the map constitutes acceptance by the City of all assignable and irrevocable general access and utility easements, the emergency access easement, the pedestrian, bicycle and cart easement, the sidewalk easements, the landscape buffer easements, the light rail easements and all public drainage easements within the subdivision. Approval of the map also constitutes acknowledgment on behalf of the public of Irrevocable Offers of Dedication for Lot C, D, E, F, G, H for Open Space and Lot "I" for Public Park Purposes. The developer has executed an "A" Map Supplemental Subdivision Improvement Agreement which addresses several on-going conditions of the tentative map. A plat of the subdivision is attached herewith as Attachment 2. The East Palomar Street Offers of Dedication The developer is offering two distinct portions of East Palomar Street with this "A" Map. The major portion, between the Sunbow property and Pasco Ranchero, is within the subdivision boundary and is offered on the map itself. A portion of East Palomar Street (0.256 Acres), which is the subject of the third Resolution of this Agenda Statement, is located outside of the subdivision boundary and is, therefore, offered by separate instrument along with the associated general utility, sidewalk, and drainage easements, (see Attachment 2). These offers are rejected by the first and third Resolutions, respectively, although the public improvements within the entirety of East Palomar have been secured. The full right of way for East Palomar Street will be ready for acceptance once the developer obtains a right of entry to construct street improvements within the City of San Diego Waterline Easement, which crosses East Palomar. Page 3, Item __ Meeting Date 8/22/00 The City of San Diego Waterline A remaining challenge for the developer is the relocation of the 42" waterline crossing the project. The developer reached an agreement with the City of San Diego, owner of the waterline, for transfer of the waterline property (with reservation of an easement back to City of San Diego) and eventual relocation of the waterline in Paseo Ranchero. However, grading and improvements of the westerly half of Phase 1 of the subdivision will have to be delayed until the waterline has been relocated, or the issuance of a right of entry permit into the waterline easement has been obtained. The tentative schedule for the relocation is the fourth quarter of this year. FISCAL IMPACT: None to the City. Developer has paid all costs associated with the proposed "A" Map and agreement. Attachments: Attachment 1: Plat - Chula Vista Tract 98~06, Otay Ranch, Village One West, Phase Attachment 2: Plat - East Palomar Off-site offer of dedication Attachment 3: Minutes of 8/17/99 (Resolution No. 19572) Attachment 4: Developer's Disclosure Statement tea File No. 0600~80-OR305F H:\HOME\ENGINEER\AGENDA\V 1WEST_MAPA 1 (REVISION2) .DOC Attachment 1 0TAY BANCH VILLAGE 1 WEST "A" MAP NO. 1 & ASSOCIATES ' ~" ~ "~ °, '" ~ 800 0 800 1600 2400 sum, m,~ m(~s.~s~s~. ~m-~-',~ SCALE ~" = BO0' ~:~o~,~,aor,~,~ro~0 - ~o. ~ Attachment 3 MINUTES OF A REGULAR MEETlNG OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA August 17, 1999 6:00 p.m. A Regular Meeting of the City Council of the City o£Chula Vista was called to order at 6:05 p.m. in the Council Chambers located in the Public Services Building, 276 Fourth Avenue, Chula Vista, CaliFornia. CALL TO ORDER 1. ROLL CALL PRESENT: Councihnembers Davis, Moot, Padilla, Salas, and Mayor Horton. ABSENT: None ALSO PRESENT: City Manager Rowlands, City Attorney Kaheny, City Clerk Bigelow 2. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE 3. SPECIAL ORDERS OF THE DAY A. Oath of Office: Parks and Recreation Commission - Don Salcido: Planning Commission - Marco Polo Cortez. City Clerk Bigelow administered the oath ot'office to Messrs. Salcido and Cortez, and Deputy Mayor Salas presented them with certificates of appointment. B. Fran Larson, of the International Friendship Commission, will introduce cultural exchange students fi-om Odawara, Japan: Junichi Chiba, Megumi Komiya, Eriko Horoguchi, and Hayato Takahashi Ms. Larson introduced the students and their }lost finnilies; the students talked about their visit to Chula Vista and presented gifts to the Mayor and Council from Odawara. C. Chris Salomone, Director o~-'Community Development, will present an award to Mayor Horton which was given to the City by the Non-Profit Federation for Housing and Community Development The Federation held its 4"' Annual Awards Ceremony on July 23, 1999, to celebrate the accomplishn~ents of the organizations and individuals involved in Affordable Housing and Community Development in San Diego County. At this event the Federation honored the outstanding achievements and successes of non-profit organizations, individuals, public agencies, and leaders in the region. The City received the award as the Outstanding Local Government Supporter. Community Development Director Salomone presented tile award to tile Mayor and Council. SPECIAL ORDERS OF THE DAY (Continued) D. CONGRATULATING THE SAN DIEGO LATINO FILM FESTIVAL ON THE OPENING OF THE FIRST ANNUAL CINE MEXICANO: MEXICAN FILM SERIES Mayor Horton read the proclamation, and Deputy Mayor Salas presented it to Fred Salas, Co- Director of the San Diego Latino Film Festival CONSENT CALENDAR (Items 4 through 10) 4. WRITTEN COMMUNICATIONS A. Letter Ii-om the Office of the City Attorney stating that there were no actions taken in Closed Session on August 10, 1999, which are required under the Brown Act to be reported Stall'recommendation: The letter be received and filed. 5. ORDINANCE 2794, ADDING CHAPTER 3.41 TO THE MUNICIPAL CODE RELATING TO HOTELS AND MOTELS REQUIRING IDENTIFICATION FROM CUSTOMERS AS A PREREQUISITE TO ROOM RENTAL AND LIMITING THE RENTAL PERIODS (SECOND READING AND ADOPTION) In order to assist police ia reducing calls tbr service at local hotels and motels, staff is recommending an addition to the existing ordinance to require a valid government identification fi-om prospective customers. Research shows that this proposal causes very little inconvenience and significantly reduces potential problems aud associated calls for service. Staff recommendation: Council place the ordinance on second reading tbr adoption. (Chief of Police) 6. RESOLUTION 19567, APPROVING A CHANGE TO THE MASTER FEE SCHEDULE FOR THE LIBRARY AUDIO-VISUAL OVERDUE CHARGE EFFECTIVE SEPTEMBER 1, 1999 The Library proposes reducing its overdue charge tbr videos from $3 per day per video to $1 per day per video. When the video collection was initiated in the early 1980's, the cost of videos was very high. Therefore, the Library initially had a very small collection. The $3 per item per day charge was intended to be an incentive to return items promptly so that the maximum number of videos were available tbr patrons. Staffreco,nmendation: Council adopt the resolution. (Director of Library and Recreation) Page 2 - Council Minutes 08/17/99 CONSENT CALENDAR (Continued) 7. RESOLUTION 19568, APPROVING THE ASSIGNMENI OF THE DEFERRED COMPENSATION PLAN ADMINISTRATION AGREEMENT FROM GREAT WESTERN BANK TO NATIONAL DEFERRED COMPENSATION, INC. One of the two contract administrators of the City's Deferred Compensation Plan, Great Western Bank, is requesting approval of an assignment of their rights and responsibilities under the current Deferred Compensation Plan Administration Agreement to National Deferred Compensation, Inc. Staff recommendation: Council adopt the resolution (Director of Finance) 8. RESOLUTION 19569, APPROPRIATING FUNDS AND AWARDING PURCHASE AGREEMENT FOR TWO SEWER COMBINATION TRUCKS THROUGH A COOPERATIVE PURCHASE WITH THE CITY OF PASADENA (4/5TH'S VOTE REQUIRED) As part of the fiscal year 1999/2000 Equipment Replacement Budget, Council approved the early replacement of two single-fimction high-pressure water sewer jetter/cleaner trucks with two sewer combination cleaner/vacuum tracks. The Municipal Code and Resolution 6132 authorizes tile Porchasing Agent to participate in cooperative bids with other goverument .agencies for the purchase of materials of common usage Therefore, the City is participating in a current City of Pasadena bid fi-om Municipal Maintenance Equipment, Inc. Staff recommendation; Council adopt the resolution (Director of Poblic Works and Director of Finance) 9. RESOLUTION 19570, APPROVING FIRST AMENDMENT TO AGREEMENT WITH THE OTAY WATER DISTRICT REGARDING COST SHARING FOR A PAVING · PROJECT ON OTAY LAKES ROAD On January 19, 1999, Council approved an agreement with Tile Otay Water District to share the cost of paving a portion of Otay Lakes Road fi-om EastLake Parkway to 1,900 linear feet easterly thereof(westbound lanes only). The work was to be done in conjunction with Otay District's installation ora 16-inch diameter recycled water main along Otay Lakes Road from EastLake Parkway to Medical Center Drive. Tile installation of the recycled water main was delayed due to factors beyond the control of the District but is now ready to proceed. It is recommended that tile limits of the rehabilitation project be extended to include the portion of Otay Lakes Road fi'om EastLake Parkway to Lane Avenue. Recommendation: Council adopt the resolution. (Director or'Public Works) 10. RESOLUTION 19571, AMENDING LEVY OF THE SPECIAL TAX FOR FISCAL YEAR 1999/2000 FOR COMMUNITY FACILITIES DISTRICT 97-3 The fiscal year 1999/2000 maximmn and actual billing rates for Community Facilities District 97-3 were originally adopted on August 3, 1999 The billing rates were calculated based on the number of parcels within tile District Since a number of parcels located outside the District were inadvertently included in the calculation tile amount to be levied must be amended in order to provide sufficient revenue to pay bondholders of the District. Recommendation: Conncil adopt tile resolution (Director of Public Works) Page 3 - Council Minutes 08/17/99 CONSENT CALENDAR (Continued) ACTION: Mayor Horton moved to approve staff recommendations and offered the Consent Calendar, headings read, texts waived. Tile motion carried 5-0, except with regard to Item #10, which carried 4-0-l, with Conncihnember Moot abstaining. ORAL COMMUNICATIONS Mr. Walter Thatcber, 730 Glover Street, spoke in opposition to the Planning Commission's approval ora large day care borne across tile street fi-om his residence and objected to the $1,000 fee to appeal the Commission's decision to tile ConnciI Mr Thatcher was advised to contact the City Manager to obtain a waiver of the appeal fee, and Mayor Horton asked that tile matter be brought before the Council for consideration PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES I 1. PUBLIC HEARING PCS 98-06; CONSIDERATION OF A TENTATIVE SUBDIVISION MAP FOR VILLAGE ONE WEST OF OTAY RANCH SECTIONAL PLANNING AREA ONE PLAN, TRACT 98-06: APPLICANT: THE OTAY RANCH COMPANY RESOLUTION 10572, APPROVING A TENTATIVE SUBDIVISION MAP FOR VILLAGE ONE WEST OF THE OTAY RANCH SECTIONAL PLANNING AREA ONE PLAN, TRACT 98-06, AND MAKING THE NECESSARY FINDINGS Tile Otay Ranch Company has applied to subdivide Village One West of the Otay Ranch Sectional Planning Area One Plan into 774 lots on 275 acres. Tile application proposes 684 single-family residential Iots, a 6-acre neighborhood park, a 10-acre elementary school site, right-of~way reservation ['or tile future Metropolitan Transit Development Board Light Rail Transit System, and open space lots. h~cluded in the application is an "Alternative Map," wbich includes properties identified as"Out-Parcels," that subdivides approximately 294 acres into atotal of 901 lots Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Principal Planner Rosaler ~nade a slide presentation explaining the proposed subdivision. Mayor Horton opened the public hearing. Kent Aden, representing The Otay Ranch Company, stated that one of the primary issues concerns the level of development which will trigger tile construction of the P-13 neighborhood park. Staff would like construction of the park to commence with tile issuance of the 30ff~' building permit for the project, and his company would like to commence the park's construction when the 400th permit is issued. He also spoke regarding tile grid street system for Neighborhoods R-55 and R-58, stating that the company prefers the design recommended by the Planning Commission, rather than the one Page 4 - Conncil Minutes 08/17/99 · ) PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES (Continued) proposed by staff, to allow view lots and less grading. He also commented on the proximity of some lots to the trolley fine and stated that potential noise levels will be disclosed to future buyers, and the noise will be mitigated by installing air conditioning systems and sound walls. He asked the Council to approve the proposed subdivision, the alternative map, and the Planning Commission's recommendations for the project. ACTION: Following Council discussion, Councilmember Moot moved to delete Lots #36 and #43 in Neighborhood R-50, Lot #8 in Neighborhood 5lA, and Lot #45 in Neighborhood 52A from the Alternative Map to mitigate future light rail noise impacts to single-family homes and to inclnde the lot area in Open Space Lots #29 and #30. Mayor Horton seconded tile motion, and it carried 4-1, with Councilmember Davis voting in opposition. ACTION: Mayor Horton moved to require construction of Park P-13 comrnencing with the issuance or' tile building permit for tile 400'h dwelling unit. Councifmember Davis seconded the motion, and it carried 5-0 ACTION: Councihnenlber Moot moved to approve the applicant's proposed lot configuration as shown on the Alternative Map and to adopt Resolntion Nol 19572, heading read, text waived. Councihnember Padilla seconded the motion, and it carried 5-0. 12, PUBLIC IqEARING REGARDING CONSIDERATION OF DECLARATION OF INTENTION TO FORM AND ESTABLISH COMMUNITY FACILITIES D1STRICT 99-1 (OTAY RANCH SPA ONE - PORTIONS OF VILLAGE ONE, VILLAGE FIVE, AND VILLAGE ONE WEST); AND DECLARATION OF NECESSITY TO INCUR A BONDED INDEBTEDNESS, PURSUANT TO THE PROVISIONS OF THE "MELLO- ROOS COMMUNITY FACILITIES ACT OF 1982", FOR THE PURPOSE OF ACQUISITION OF CERTAIN PUBLIC FACILITIES THROUGH THE ISSUANCE OF BONDS SECURED BY SPECIAL TAXES On July 13, 1999, Council approved a resoltltion of intention to form Community Facilities District No. 99- I and set the public hearing for August 17, 1999. Tile district will fund the construction of public facilities serving tile Otay Ranch SPA One, portions of Village One, Village Five and Village One West The action proposed at this meeting will continue tbe formal proceedings leading to tile establishment of Community Facilities District No. 99-1. Recommendation: The public hearing be continued to Augnst 24, 1999. (Director of Public Works) Notice of the hearing was given in accordance with legal requirements, and tile hearing was held on tile date and at the time specified in the notice. Mayor Horton opened the public hearing. ACTION: Mayor Horton moved to continue the hearing to August 3 I, 1999, as recommended Councihnember Davis seconded tile motion, and it carried 5-0. Page 5 - Council Minutes 08/17/99 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES (Continued) 13. PUBLIC HEARING REGARDING THE DECLARATION BY THE CITY COUNCIL AUTHORIZING THE ANNEXATION OF TERRITORY IN THE FUTURE TO AN EXISTING COMMUNITY FACILITIES DISTRICT On July 13, 1999, Council approved the resolution of intention to aauex territory in the future to Community Facilities District Number 99- 1 and set the public hearing tbr August 17, 1999. There are no new facilities proposed to be provided for the future annexation area. Community Facilities District Nnmber 99-1 is thnding the construction of public facilities serving the Otay Ranch SPA One, po~ions of Village One, Village Five and Village One West. Staff recommendation: Tile public bearing be continued to Augnst 24, 1999. (Director of Public Works) Notice of the hearing was given in accordance with legal requiremeats, and the hearing was held on the date and at the time specified in the notice. Mayor Horton opened the public hearing ACTION: Mayor Holq. on moved to continue the hearing to August 31, 1999, as recommended. Councilmember Davis seconded the motion, and it carried 5-0. ACTION IIEMS 14. RESOLUTION 19573, MAKING A SPECIFIC FINDING THAT IRREGULARITIES IN THE BID OF MESA CONSTRUCTION PROJECTS, INC. ARE WAIVED FOR THE BENEFIT OF THE PUBLIC; ACCEPTING BIDS AND AWARDING CONTRACT FOR 'TELEGRAPH CANYON CHANNEL IMPROVEMENTS, PHASE I, FROM NORTHOF SIERRA WAY TO ~K' STREET, IN THE CITY' PROJECT; AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ACCEPT THE EASEMENIS DEDICATED FOR THE CONSTRUCTION OF THIS PROJECT; AND APPROPRIATING ADDITIONAL FUNDS FROM TIlE TELEGRAPII CANYON DRAINAGE DEVELOPMENT IMPACT FEE (4/TH'S VOTE REQUIRED) The general scope of the project involves tile construction of a rectangular reinforced concrete channel within the existing natural Telegraph Canyon Creek from no~-th of Sierra Way to "K' Street, including tile reconstruction of drainage facilities at the Second Avenue channel crossing. Recommendation: Council adopt the resolution. (Director of Public Works) Public Works Director Lippitt explained the project scope ACTION: Mayor Horton offered Resolntion No 19573, heading read, text waived. The motion carried 5-0. Councihnelnber Padilla left tile dais at this point, 7:53 pm. Page 6 - Council Minutes 08/17/99 OTHER BUSINESS 15. CITY MANAGER'S REPORTS A. Scheduling of meetings. City Manager Rowlands noted the Adjourned Meeting to be held on Thursday, August 19, 1999 at 4:00 pm. in the Council conference room tbr a workshop on the MSCP Plan. 16. MAYOR'S REPORTS A. Ratification of appointments: Housing Advisory Commission - Virginia Moore (to fill vacancy created by Commissioner Lembo, whose term expired June 30, 1999); International Friendship Cmmnission - lgnacio Valdovinos (to fill vacancy created by Commissioner Wood, whose term expires June 30. 2000); Mobilehome Rent Review Commission - Anthony Ciotti, Sr. (to fill vacancy created by Commissioner Watry, whose term expired June 30, 1999); Resource Consmwation Cmmnission - Juan Diaz (to fill vacancy created by Commissioner Yamada, whose terrn expired June 30, 1999); and, Board of Appeals and Advisors - Jose L. Romo, Jr. (to fill vacancy created by Member Hatter, whose term expired June 30, 1999). ACTION: Mayor Ho~lon moved to ratify tile appointment o£ the above Commissioners. Cooncihnember Davis seconded the motion, and it carried 4~0, with Councihnember Padilla absent. 17. COUNCIL COMMENTS Councihnember Davis A Ratification of appointment to the Mobilehome Rent Review Commission - Marshall Compton (to fill vacancy created by Commissioner Worth, whose term expires June 30, 2002). ACTION: Councihnember Davis moved to ratit},, the appointment of Marshall Compton to the Mobilehome Rent Review Commission. Deputy Mayor Salas seconded tile motion. and it carried 4~0, with Councihnember Padilla absent. At 8:01 p.m.. Mayor Horton recessed the meeting to Closed Session CLOSED SESSION 18. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B) One case. This item was not discnssed Page 7 - Council Mint,tes 08/17/99 CLOSED SESSION (ContinLled) 19. CONFERENCE WITH REAL PRO[~ERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: 428 "F' Street, Chula Vista, California 91910. Assessor's Parcel Number 568-181-34, 35, 36, 37 (portion), 41 (portion). Negotiating Parties: Security Trust Company, City of Chula Vista (Sid Morris). Under Negotiation: ' Property Acquisition Instructions were given to the negotiator ADJOURNMENT At 8:35 p.m., Mayor Ho~on adjourned the meeting to an Adjourned Meeting of the City Council to be held on Thursday, August lC), I990, at 4;00 p.n~ ill the Council Conference Room of the Administration Building. Respectfully submitted, Snsan Bigelow, CMC/AAE, City Clerk Page 8 - Council Mimltes 08/17/99 NOTICE OF ADJOURNMENT Notice is hereby given that at the Adjourned Meeting of August 19, 1999, the City Council adjourned said meeting to an Adjourned Meeting to be held August 31, 1999, at 4:00 p.m. in the Council Conference Room, Administration Building, for a workshop, followed by an Adjourned Meeting at 6:00 p.m.in the Council Chambers located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. Dated: August 20, 1999 ~----~-.~tA do._~'~, .~.~-~--~ Susan Bigelow, CMC/AAE, City Clerk · ) CANCELLATION NOTICE Notice is hereby given that the Regular Meeting of the City of Chula Vista City Council scheduled for Tuesday, August 24, 1999, at 6:00 p.m. has been canceled. The City Council will be meet on August 31, 1999, at 4:00 p.m. in the Council Conference Room, Administration Building, for a workshop, followed by an Adjoumed Meeting at 6:00 p.m. in the Council Chmnbers, located in the Public Services Building. Susan B~gelow, CMC/AAE City Clerk Dated: August 18, 1999 .... z ,,~, :,, ~x · ,,~ 07AY ~A Attachment4 ~0. '17 ?. 2 T~K CITY OF C['Fu~,A VISTA DI$CLOSU'R~ PUrsuant to Council Policy 101~1, prio~ to ~ action u~n ~ne~ w~ch ~ r~ire di~ action by ~e Council, Pla~g Co~ssion ~ ~1 o~ct o~cial boil[cs of ~hc Ci~, a ~t~en[ of fl~clo~e of ce~ ownership or Q~ncia[ must ~ disclosed: Lis~ ~ ~es of ~1 ~so~ havMg a ~cial interest in con.ct, c.g., ovncr, applic~t, contractor, subconcmc~r, mat~fifl supplien 0ta~ Pro~ ect 2. If a~y person'" identified pursuant to (1) above is a conporafion or parmershJ~, list the ~cS of all individu~ a $1~ ~vca~m m ~c b~ess (co~or~io~p~ersh~) ChriS. 3~ Bald~n ~ Bald~n 3, If any person' idencificd pursuant to (I) above is a non-profit orgs,~i-=tion or trust, list thc names of any p~tson serving as director of thc non-profit organization or as trustee or beneficiary or tru~tor of thc trust. 4. Please kicntify every person, including any agents, employees, consultant~, or independent contractorg you have assigncfl to represent you before the Cky in this manet? A1 Baldwin Razkie _Bunter Klm Kilkenny Chuck Cater 5. Has any parson" a~sociatmd with this contract had any ~aancial dealings with an official" of the City of Chula Vista as it relates to riffs contract within the past 12 months. Yes No X /.~,,,,. z. ;.;;,: ~p,v 61~iHE OlAY KAN(;n (;O CI-IULA VISTA ENGINIEE~ING ,~0. 6417 If Yes, briefly describe thc nature o[ the financL~l tntere~£ the ofl'iciali'' may ha,,e in th{s contract? Have you made a contribution of more than $250 within thc p~ ~lve (12) mon~ m a c~rcnt member of ~e. Ch~ V~m C[~ Co.oil? No ~ Y~ ~ If yes. which Council mcm~ C~uncil Member Mary Salas anti Council Member Steve Padilla Have you or ~y mem~ of yo~ ~ove~g board (L ~. Co~omt~ ~ of D~m~utN~s, non-profit of D~ectom made ~n~bufiom w~g more ~ $l,~ over ~e p~ four (~) yeti to a c~am member of Chula Vista Ci~ Co~c~? Y~.~ No~ If Yes, w~ch Co~c~ mem~r? Have you pm~id~ more ~ ~ (or ~ item of cquiv~nr v~lue) to ~ o~:i~** of ~e Ci~ of Chul~ V~ · c p~t ~clvc (12) ~n~? (~ ~clu~ b~g · so~c of ~come, mo~ m r~c a legal d~r, gi~, loam If Y:s, which o~c~** ~fl ~t w~ ~c ~mr: of imm provid:d7 Signature of Conla'a~tor/Applicant ' Print or lyp~ n~m~ of,CenU'a~:m~/.a4~li~,m£ _ . . ?¢rsou is ~t'-u~:d as: any individual, firm, co-p~'mcrship, joiat venture, association, ~a~al club. fraternal carporarlon, estate, ~ z~cei~r, syacii~a~:, say o,her county, city, muaicipality, district, or a~er politit~l subdivision, -or any oth~r group or combh~at~on actiug as a unit. Officim loci-a-., b~t is not limited to: Mayer. Cotmcil m~mb~r, Pl~--;%. Commlssiooer, Member of a board, com_raission, or co-~-~itt¢¢ of the City, employee, or stuff H:~tiONf~%ENGI~EER%AD.~CONTIL%C1AiTLiIZ~3-~ ~oiler Mia) 14 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FINAL ~A" MAP NO. 1 FOR OTAY RANCH SPA ONE VILLAGE ONE WEST, CMULA VISTA TRACT NO. 98-06, ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA, THE LANDSCAPE BUFFER EASEMENTS, THE PUBLIC DRAINAGE EASEMENTS, THE PEDESTRIAN, BICYCLE D, ND CART EASEMENTS, THE SIDEWALK EASEMENTS, THE EMERGENCY ACCESS EASEMENTS, THE ASSIGNABLE LIGHTRAIL EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT, REJECTING ON BEHALF OF THE PUBLIC THE EAST PALOMAR STREET RIGHT OF WAY, ACKNOWLEDGING ON BEHALF OF THE PUBLIC THE IRREVOCABLE OFFERS OF DEDICATION OF FEE INTEREST FOR OPEN SPACE LOTS C, D, E, F, G, H AND LOT I FOR PUBLIC PARK PURPOSES, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby finds that certain map survey entitled Chula Vista Tract 98-06 Otay Ranch, Village One "A" Map No. 1, and more particularly described as follows: Parcels 1 through 9 and a portion of Parcel 10 of Parcel Map No. 18396, together with Parcel 1 of Parcel Map No. 18471, together with a portion of quarter sections 40, 41 and 65 all of Rancho de la Nacion, according to Map thereof No. 166, together with Lots L and M of Chula Vista Tract No. 96-04A, Otay Ranch Village 1 "A" Map No. 2, according to Map thereof No. 13990. Gross Area: 272.616 acres No. of Lots: 22 Numbered Lots: 9 Lettered Lots: 13 Public Open Space Lots: 35.332 Acres Public Park Lot: 7.177 is made in the manner and form prescribed by law and conform to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED said Council hereby accepts on behalf of the City of Chula Vista the sixty-two (62) foot wide general utility and access easements within Lots A and B for installation of public utilities and hereby accepts on behalf of the City of Chula Vista the easements for public drainage and access, trails, sidewalks, light rail easement, landscape buffers, and emergency access, noting that use of said general utility and general access easements, and easements for public drainage and access, trails, sidewalks, light rail easement, landscape buffers, and emergency access by others is subject to written permission and issuance of an Encroachment Permit from the City of Chula Vista, all as shown on this map within this subdivision, subject to the conditions set forth thereon. BE IT FURTHER RESOLVED that the City Clerk of the City of, Chula Vista be and she is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that those certain easements with the right of ingress and egress for general utility and general access, and the easements for public drainage and access, trails, sidewalks, light rail easement, landscape buffers, and emergency access as granted thereon and shown on said map within said subdivision are accepted on behalf of the City of Chula Vista as herein above stated. BE IT FURTHER RESOLVED said Council hereby rejects on behalf of the City of Chula Vista the offer of dedication of the easement for street purposes and other public purposes on this map within this subdivision, noting that Section 66477.2 of the Government Code of the State of California provides that an offer of dedication shall remain open and subject to future acceptance by the City; and has acknowledged on behalf of the City of Chula Vista the Irrevocable Offers of Dedication of Fee Interest in Lots "C", "D", "E", "F", "G", and "H" for Public Open Space and Lot hi" for Public Park Purposes, all as shown on this map within this subdivision noting that Section 7050 of the Government Code of the State of California provides than an offer of dedication shall remain open and subject to future acceptance by the City. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. BE IT FURTHER RESOLVED that the City Council does hereby approve the Subdivision Improvement Agreement for Otay Ranch SPA One Village One West, Chula vista Tract No. 98-06, 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 Subdivision Improvement Agreement on behalf of the City of Chula Vista. Presented by Approved as to form by John P. Lippitt Joh~J~. Kaheny Director of Public Works City Attorney [H:/H OME~J~TTORN EY~RESO\ Final A Map OR Spa One West (August 14, 2000 (3:31pm}] Recording Requested by: CITY CLERK When Recorded, Mail to: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, Ca. 91910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Declarant SUBDIVISION IMPROVEMENT AGREEMENT AGREEMENT, made and entered into this.~Jday of~D~, THIS 2000, by and between THE CITY OF CHULA VISTA, a munlcipal~ corporation (hereinafter called "City") and OTAY P~ANCH COMPANY, 350 West Ash Street, San Diego, CA 92101 (hereinafter called "Subdivider") with reference to the facts set forth below, which Recitals constitute a part of this Agreement; RECITALS: WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as Otay Ranch, Village 1 West "A" Map No. 1, pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula Vista Municipal Code relating to the filing, approval and recordation of subdivision map; and, WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula Vista, Subdivider must have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an alternative thereto, Subdivider shall enter into an agreement with City, secured by an approved improvement security to insure the performance of said work pursuant to the requirements of Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said Council, and WHEREAS, Subdivider is willing in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is'provided that Subdivider will install and complete, at Subdivider's own expense, all the public improvement work required by City in connection with the proposed subdivision and will deliver to City improvement securities as approved by the City Attorney, and WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditions, as contained in Resolutio~ No.19572, approved on the 17th day of August, 1999, "Tentative Map Resolution"); and WHEREAS, complete plans and specifications for the construction, installation and completion of said public improve- ment work have been prepared and submitted to the city Engineer, as shown on Drawings No. 00-063, on file in the office of the City Engineer, and WHEREAS, an estimate of the cost of constructing said public improvements according to said plans and specifications has been submitted and approved by the city in the amount of One Million Two Hundred Five Thousand Six Hundred and 00/100 Dollars ($1,205,600.00) , NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. Subdivider, for itself and its successors-in-interest, an obligation the burden of which encumbers and runs with the land, agrees to comply with all of the terms, conditions and requirements of the Tentative Map Resolution; to do and perform or cause to be done and performed, at its own expense, without cost to City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, all of the public improvement and/or land development work required to be done in and adjoining said subdivision, including the improvements described in the above Recitals ("Improvement Work"); and will furnish the necessary materials therefor, all in strict conformity and in accordance with the plans and specifications, which documents have heretofore been filed in the office of the City Engineer and as described in the above Recitals this reference are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the completion and acceptance of the Improvement Work, and that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed. 3. It is expressly understood and agreed that Subdivider will cause all necessary materials to be furnished and all Improvement Work required under the provisions of this contract to be done on --2-- or before the second anniversary date of Council approval of the Subdivision Improvement Agreement. 4. It is understood and agreed that Subdivider will perform said Improvement Work as set forth hereinabove, or that portion of said Improvement Work serving any buildings or structures ready for occupancy in said subdivision, prior to the issuance of any certificate of clearance for utility connections for said buildings or structures in said subdivision, and such certificate shall not be issued until the City Engineer has certified in writing the completion of said public improvements or the portion thereof serving said building or structures approved by the City; provided, however, that the imprOvement security shall not be required to cover the provisions of this paragraph. 5. It is expressly understood and agreed to by Subdivider that, in the performance of said Improvement Work, Subdivider will conform to and abide by all of the provisions of the ordinances of the City of Chula Vista, and the laws of the State of California applicable to said work. 6. Subdivider further agrees to furnish and deliver to the City of Chula vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of Six Hundred Two Thousand Eight Hundred and 00/100 Dollars ($602,800.00), which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit "A" and made a part hereof. 7. Subdivider further agrees to furnish and deliver to the City of Chula Vista simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of Six Hundred Two Thousand Eight Hundred and 00/100 Dollars ($602,800.00) to secure the payment of material and labor in connection with the installation of said public improvements, which security is attached hereto, marked Exhibit "B" and made a part hereof and the bond amounts as contained in Exhibit "B", and made a part hereof. 8. Subdivider further agrees to furnish and deliver to the City of Chula vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of Sixty Thousand and 00/100 Dollars ($60,000.00) to secure the installation of monuments, which security is attached hereto, marked Exhibit "C" and made a part hereof. 9. It is further agreed that if the Improvement Work is not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the Improvement Work within said subdivision in accordance with such specifications herein contained or referred, or at the option -3-- of the City, as are approved by the City Council at the time of engaging the work to be .performed. Upon certification of completion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the terms of the improvement security. Subdivider agrees to pay to the City any difference between the total costs incurred to perform the work, including design and administration of construction (including a reasonable allocation of overhead), and any proceeds from the improvement security. 10. It is also expressly agreed and understood by the parties hereto that in no case will the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor, except to the limits established by the approved improvement security in accordance with the requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula vista Municipal Code. 11~ It is further understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the Improvement Work plans and installation of Improvement Work hereinabove provided for, and the cost of street signs and street trees as required by City and approved by the City Engineer shall be paid by Subdivider, and that Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money sufficient to cover said cost. 12. It is understood and agreed that until such time as all Improvement Work is fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alleys, easements, water and sewer lines within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by City, Subdivider shall grant to City, by appropriate conveyance, the public improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. 13. It is understood and agreed that City, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement. Subdivider further agrees to protect and hold the City, its officers and employees, harmless from any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement; provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. Such indemnification and agreement to hold harmless shall extend to damages to adjacent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a result of the construction of said subdivision and the public improvements as provided herein. It shall also extend to damages resulting from diversion of waters, change in the volume of flow, modification of the velocity of the water, erosion or siltation, or the modification of the point of discharge as the result of the construction and maintenance of drainage systems. The approval of plans providing for any or all of these conditions shall not constitute the assumption by City of any responsibility for such damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of the subdivision pursuant to said approved improvement plans. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (10) years following the acceptance by the City of the improvements. 14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time period provided for in Section 66499.37 of the Government Code of the State of California. 15. Assignability. Upon request of the Subdivider, any or all on-site duties and obligations set forth herein may be assigned to Subdivider,s successor in interest if the city Manager in his/her sole discretion determines that such an assignment will not adversely affect the city's interest. The City Manager in his/her sole discretion may, if such assignment is requested, permit a substitution of securities by the successor in interest in place and stead of the original securities described herein so long as such substituted securities meet the criteria for security as set forth elsewhere in this Agreement. Such assignment will be in a form approved by the city Attorney. -5- IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth THE CITY OF CHULA VISTA SUBDIVIDER: OTAY PROJECT L.P., A California limited partnership Mayor of the City of Chula By: Otay Project, LLC, Vista a California limited liability company, General Partner By: Otay Ranch Development, LLC, a Delaware limited liability company, Authorized Member Ch~lesT. Cater Project Manager ATTEST City Clerk Approved as to form by City Attorney (Attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California '[ ss. County of .~,4-~, / On ,,~,,~..~>'"r,'~--~D~ ~.0~,~, before me, Name and ~tte of Officer (eg.. *Jane Doe. N ora,3' Public') personally appeared ~¢~/~'~' Name)s) of Signer(s) [~personalty known to me [] proved to me on the basis of satisfactory evidence  to be the person(e-)- whose name,(.e-)- isfal'e subscribed to the within instrument and acknowledged to me that he/~ executed ~ ~ Scm Diego Courtly [ the same in his/l~.,/thcJr - authorized ~ capacity(m), and that by his/her-PJ:~ signature('~ on the instrument the person(,.~ or the entity upon behalf of which the person(-s-)- acted, executed the instrument. OPTIONAL Though the information be/ow is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document, Description of Attached Document Title or Type of Document:..~-~'~/1'¢~/~'~' ,4~¢,'~1~'~'~'4'¢''''¢~'~''~''~/~'- V//,V' '~,v.- /~.4~ ~f,~. / Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: L3 Individual Top of thumb here [~ Corporate Officer--Title(s): [] Partner-- [] Limited [] General L~ Attorney in Fact [] Trustee [] Guardian or Conservator [] Other: Signer Is Representing: LIST OF EXHIBITS Exhibit "A" Improvement Security - Faithful Performance Form: Bond Amount: $602,800.00 Exhibit "B" improvement Security - Material and Labor: Form: Bond Amount: $602,800.00 Exhibit "C" Improvement Security - Monuments: Form: Bond Amount: $60,000.00 Securities approved as to form and amount by city Attorney Improvement Completion Date: Two (2) years from date of City Council approval of the Subdivision Improvement Agreement. H: \home\attorney\sia\ORVlglWA wpd -7- File No.: OH/7]~' BOND FOR FAITHFUL .PERFORMANCE Bond No.: 60241.37 (To Be Used Prior to Approval of Subdiv/sion Improvement Agreement) Premium: $10 ~ 850.00 Three (3) executed originals WHEREAS, the City Council of the City of Chula Vista, County of San Diego, State of California, and OTAY PROJECT, L.P. (hereinafter "Principal") desire to enter into a Subdivision Improvement Agreement (hereinafter referred to as "Agreement") whereby Principal agrees to install and complete certain designated public improvements for the project known as 0TAY IL~,!CH VILLAGE 1 WEST B/[CKBONE IMPROVEMENTs PHASE 1 ;and WHEREAS, Principal desires to commence construction of said public improvements prior to approval of said Agreement by the City Council of the City of Chula Vista; and, WHEREAS, the City of Chula Vista, County of San Diego, State of California, has issued to Principal Construction Permit No. Ot~l 71 c (hereinafter referred to as "Permit") for the public improvement work as set forth in more detail on City of Chula Vista Drawing Nos. 00063-01 through 00063-14- , regarding construction of said public improvements, which Permit is hereby referred to and made a part hereof; and, WHEREAS, said Principal is required under the terms of said Permit to furnish a bond for faithful performance of said Permit. NOW THEREFORE, we, the Principal and SAFECO INSURANCE COMPANY OF AMERICA , a corporation of the State of WASHINGTON , (hereinafter "Surety"), are held and firmly bound unto the City of Chula Vista, a municipal corporation (hereinafter "city") in the County of San Diego, State of California, and to and for the benefit of any and all persons who may suffer damages by breach of the conditions hereof, in the penal sum of SlX HUNDRED TWO THOUSAND EIGHT HUNDRED TWO & NO/100 ........... dollars, ($ 602,802. O0 .... ), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above-bound Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the terms, covenants, conditions, and provisions of said Permit and a subsequent Agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Perm/t or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Permit or to the work or to the specifications. In addition to the acts bonded for pursuant to the Permit incorporated above, the following acts and performances are additionally subject to the terms of this bond: N/A IN WrrNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on JULY 17, ,20 00. See attached signature page SAFEC0 INSURANCE COMPANY OF AMERICA ByName of Principal (Applicant) NameBy//°f Su~ety~.~.~)Company/~f~f~~ .~" PATRICIA H. BREBNER, ATTORNEY IN FACT By 2677 North Main Street, Suite 600 Address of Surety Company Santa Ana, CA 92705 Bond/Policy No. City State Zip Code ABOVE-SIGNATORIES MUST BE NOTARIZED RIDER Bond/Policy No.: 6024137 Principal_ 0TAY PROJECT, L.P. Amount Six Hundred Two Thousand Eight Hundred Two & NO/100 ............ In Favor of City of Chula Vista This bond, submitted for OTAY RANCH VILLAGE 1 WEST BACKBONE IMPROVEMENTS PHASE 1 covers construction of public improvements, if any, both prior to and subsequent to, City approval Principal's Subdivision Improvement Agreement as to the project known as OTAY RANCH VILLAGE i WEST BACKBONE IMPROVEMENTS PHASE 1 This Rider is Effective July 17, 2000 NameofSurety SAFECO INSURANCE COMPANY OF AMERICAN PATRICIA H. BREBNER, ATTORNEY IN FACT ABOVE-SIGNATORIES MUST BE NOTARIZED APPROVED AS TO FORA/I: Ci6J At['6mey v _ ~/ H:kHOMEkENGINEER\LANDDEVkFonm-Word VersionkBond Faith Perfprior to SIA.DOC (ATTACHMENT TO BOND) "Developer" OTAY PROJECT L.P. a California limited Partnership By: Otay Project, LLC, a California limited liability company By: Otay Ranch Development, LLC, A Delaware limited liability company Authorized Member By: ~ Title CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California t ss. County of ~--,,-.,-., ~,,a~ On J/.~ /~,j ~z.'~,5, ._, before me, ~¢,,'.¢~(~¢:z/~,',~z~ D~e Name and title of Officer (ag., 'Jane Dca, Nota~ Public") personally appeared .,~¢t./. Name(s) of Signer(s) I~"ersonally known to me [] proved to me on the basis of satisfactory evidence to be the persorVe~) whose name(s)-is/ale~ ~ subscribed to the within instrument and _] ~ Comm~on # ~2,~04~t~ ~: acknowledged to me that he/s~he/they-executed ~ I]~'~[~j~ Notary Public - Colifomlo ~ the same in his/h~f/i.i~ulr authorized :~ ~ 5an Diego Courtly '~'a ~ MyCc~mm. Exl:~Apr13,2004.j capacity(~es), and that by his/heT/thmr- ~ ........ signature(s-) on the instrument the person(s)? or the entity upon behalf of which the person(5'~- acted, executed the instrument. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachrnent of this form to another document. Description of Attached Document Title or Type of Document: ~ ~'~'/~ ~'~ .~'¢--<::~-~ ~'~'¢z'¢ ~- /..-//~, /o/ /,.~,~ Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: [7~Individual Top of thumb here LJ Corporate Officer-- Title(s): ~ Partner -- E~ Limited LJ General [~ Attorney in Fact E~ Trustee L~ Guardian or Conservator CJ Other: Signer Is Representing: ' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of California County of Orange' On July 17 2000 before me, Pa~icia M. White, Notary Public DATE NAME, TITLE OF OFFICER - E.G, "JANE DOE, NOTARY PUI~LIC" personally appeared Patricia H. Brcbuer NAME(S} OF SIGNER(S) [] 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. ~ ~ ~,o~m,~ # n270~ ~ WITNESS my hand and official seal. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT [~ INDIVIDUAL [] CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT · TITLE(S) [] PARTNER(S) [] LIMITED GENERAL [] ATTORNEY-IN-FACT [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR NUMBER OF PAGES [] OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S) OR ENTITY(lES) Safeco Insurance Company of America SIGNER(S) OTHER THAN NAMED ABOVE S-4067/GEEF 2/98 © 1993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., PO Box 7184. Canoga Park, CA 91309-7184 I · ¥ Bond No.: 6024137 Premium:included in THREE (3)EXECUTED ORIGINALS Performance Bond BOND FOR MATERIAL AND LABOR I (To Be Used Prior To Approval of Subdivision Agreement) WHEREAS, the City Council of the City of Chula Vista, County of San Diego, State of California, and OTAY PROJECT, L.P. (hereinafter "Principal") desire to enter into a Subdivision Improvement Agreement (hereinafter referred to as "Agreement") whereby Principal agrees to install and complete certain designated public improvements for the project known as OTAY RANCH VILLAGE I WEST BACKBOND IMPROVE,i~a~S PHASE 1 WHEREAS, Principal desires to commence construction of said public improvements prior to approval of said Agreement by the City Council of the City of Chula Vista; and, WHEREAS, the City of Chula Vista, County of San Diego, State of California, has issued to Principal Construction Permit No. OR171C (hereinafter referred to as "Permit") for the public improvement work as set forth in more detail on City of Chula Vista Drawing Nos. 00063-01 through 00063-14 , regarding construction of said public improvements, which Permit is hereby referred to and made a part hereof; and, VMHEREAS, under the terms of said Permit, Principal is required, before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Chula Vista to secure the claims to which reference is made in Title 15 (commencing with Section 3082), Part 4, Division 3, of the Civil Code of the State of California. NOW THEREFORE, said Principal andSAFECO INSURANCE COi~PANY OF A~.,FaR~poration of the State of WASHINGTON , (hereinafter "Surety"), are held and firmly bound unto the City of Chula Vista, a municipal corporation (hereinafter "City") in the County of San Diego, State of Califomia, and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid Permit and referred to in the aforesaid Code of Civil Procedure in the sum of SIX HUNDRED TWO THOUSAND EIGHT HUNDRED TWO &Nodollars, ($ 602,802.00- - ~ lawful money of the United States, for materials fumished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and tees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligahon, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082), Part 4, Division 3, of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise, it shall be and remain in full force and effect. The Surety hereby stipuIates and agrees that no change, extension of time, alteration or addition to the terms of the Permit or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Permit or to the work or to the specifications. IN WITNESS Vvl~IEREOF, this instrument has been duly executed by the Principal and Surety above named, on JULY 17 ~ ,20 00 See attached signature page SAFEC0 INSURANCE COMPANY OF AMERICA Name 9f Principal (Applicant) Name of Sgl~ety Company PATRICIA H. BREBNER, ATTORNEY IN FACT By_ 2677 North Main Street, Suite 600 Address of Surety Company Santa Aha, CA 92705 Bond/Policy No. City State Zip Code ABOVE-SIGNATORIES MYUST BE NOTARIZED RIDER Bond/Policy No.: 6024137 Principal f)TAY PRf3.1E~T: I.~P Amount Six Hundred Two Thousand Egith Hundred Two & N0/100 ......... In Favor of City of Chula Vista This bond, submitted for OTAY RANCH VILLAGE 1 WEST BACKBONE IMPROVEMENTS PHASE 1, covers construction of public improvements, if any, both prior to and subsequent to, City approval of Principal's Subdivision Improvement Agreement as to the project known as OTAY RANCH VILLAGE I WEST BACKBONE IMPROVEMENTS PHASE 1 This Rider is Effective JULY 17. 2000 Name of Surety SAFEC0 INSURANCE COMPANY OF AMERICA PATRICIA It. BREBNER, ATTORNEY IN FACT ABOVE-SIG1NATORIES MIDST BE NOTARIZED APPROVED AS TO FORM: City P/~t ~n~y ' ~ H:\HOMEXENGINEER\LANDDEV~Forms-Word Version~Bond Material & Labor Prior to SIA.doc (ATTACHMENT TO BOND) "Developer" OTAY PROJECT LP. a California limited Partnership By: Otay Project, LLC, a Califomia limited liability company By: Otay Ranch Development, LLC, A Delaware limited liability company Authorized Member B y~ Title CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California / ss. County of ~ ;~'~,~ ~ On ~-/~'~/ /~ z--~'~ , before me,_/~r.~-z-~.,~'.,¢-.v~ ,:~m.~.~."-~ ,..,~'~ /'~.~/~C, Name and Title of Officer (eg, "d~e Doe, Notary Public") personally appeared. /~c~' fo~, ~ Name(s) of Si~Tner(s) ~personally known to me [] proved to me on the basis of satisfactory evidence A ~=~T~~ to be the person(~ whose name(,s-) is/are- % --~-~ "~"~"'~- ~"~ -- ~" IV~,ECLUC~ANO LO'""-' I' subscribed to the within instrument and ] ~ Commi~on # 1260466 ~z acknowledged to me that he/she/they executed ~'~i~ Notc~yPubllc-Collfomlo ~ the same in his/her-/tffet~ authorized ~ ~ son ~ cour~ [ a~MyCemrn.~Aert3,20041' capacity(+es), and that by his/her/their 1 I,~ ............. signature(g) on the instrument the person(s~, or the entity upon behalf of which the person(s) acted, executed the instrument. W~"~'8 S m¥~s~al OPTIONAL Though the information be/ow is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent removal and reatlacbment of this form to another document. Description of Attached Document Title or Type of Document: .,~ ~'~/~,~'~/~g Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: [] Individual Top of ~humb here F; Corporate Officer -- Title(s): [] Padner-- [] Limited [] General [] Attorney in Fact [] Trustee [] Guardian or Conservator [] Other: Signer Is Representing: '- 'CAL. IFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.$907 State of California County of Orange' On July 17 2000 before me, Patricia M. White, Notary Public DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared Patricia H. BrebRer NAME(S) OF SIGNER(S) [] 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(les), 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.  '~i~,c~^M w~n~ [' WITNESS my hand and official seal. ~ County [ ~ ' ~ 81GNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT [] INDIVIDUAL [] CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) [] PARTNER(S) [] LIMITED GENERAL [] ATTORNEY-IN-FACT [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR NUMBER OF PAGES [] OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S) OR ENTITY(lES) Safeco IBsurance Company of America SIGNER(S) OTHER THAN NAMED ABOVE S-4067/GEEF 2~98 © 1993 NATIONAL NOTARY ASSOCIATION · 8236 Remmet Ave., P.O. BOX 7184 · Canoga Park, CA 91309-71~ ~ S A F E C O' POWER SAFECO,NSURANCECOMPANYOFA~EPJC^ GENERAL INSURANCE COMPANy OF AMERICA OF ATTORNEY HOME OFFICE: SAFECO PLAZA, SEATTLE, WASHINGTON 98185 No. 12320 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAl. INSURANCE COMPANY OF AMERICA, each a Wach~ngton corporation, does e,~ch hereby appoint its tree and lawful attnmey(s)-in*fact, with full authority to execute on its behalf fidelity and surety bends or under~akings and other documents of a simila~ character issued in the coume of its business, and to bind the respec~ve ~3mpany thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAl. INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 17th dayof July , 2000 R.A. PIERSON, SECRETARY S-0974/SAEF 7/g8 ® Registered trademark of SAFECO Corporation, ®13~00 PDF Executed in 3 counterparts S ,.?r]~¥ Monfl NO.: 6024149 ~e~: $~,o8o.oo LET IT ME ~O~ BY ~E ~S~TS, ~t ota~ Pro~eet ~.P. · e ~ivid~r ~reMa~r 'Pr~pal"), ~ Safeeo Insurance Company of. ~ertea .... ~ ~o~or~on of ~ ~m of Washington .. B ~ Cou~ of S~ DMgo, Sm~ of Ca~o~a~ ~d ~ ~ for ~e b~fit'of a~ ~ ~ ~rso~ who may suffer ~mage by re. om of ~e brea~ of ~e co~fio~ he.of, ~ ~e pe~ s~ of Sixty thq,gsand and no/100 .................... _ doflam ($ 60,000.00 ) law~l mo~y of ~e Uni~d Stores, m ~ pMd to Ci~. ~AS, Prheipal ~ presently e~aged in ~ivi~g cemah Chula Vista Tract No. 98-06, Otay Ranch Village ~ West "A" Map No, 1 su~i~ion ~ ~e C[~ of Ch~a Vista; ~, ~AS, ~eip~ a~ CRy ~ve emered ~nto a Su~ivision ~provem~t A~eement approv~ by Civ Co~cil Resolution No. . ..... ~e~r refe~ed to as ~eement') whe~by P~ip~ a~s to i~m~ durable s~vey mon~enm for sai~ su~vbiom, which said Agreement, ~ , 19_~, ~d ifl~ as proj~t cigy .of Chuga Vista Tract No. 98-06, Otay Ranch Vill~ i ~t "A" ~p No._i _ __~ is hereby refe~ to and ~de a part he.of; ~d, ~S, P~ipM d~ ~ not ~m~ durable su~ey monuments prior to ~e ~cor~Ho.e of~e f~l ~p of ~ ~vision ~d fl~ires to ~11 s~e at a ~ater date. NOW, T~FO~, ~e con~fion of ~e a~ve obligation ~ ~ ~s~l~ d~ble mon~e~ of ~e s~ey by ~unsaker and Associates is ~co~ragd hezehu as ~ough ~t fo~ ~ ~1, and ~t~ to ~e or~mes of V~m ~ ~1 fo~ ~d e~t at ~e ~e of ~e giv~ of ~s bond, on or before ~e expkatton of thi~' (30) come.five days following co~letion ~d aceep=~ of public ~pmvemenu wt~n s~d s~ksi~ ~ sp~ifi~ ~ s~d A~nt, fl~n ~e obligation s~ b~ void, o~se to m ~R fo~ ~ eff~t. ~ WITNESS WHER]~O1~, this kmmm~nt has been duly exeouted by th~ l:'tinctpal and Surety above mtmed, on August 4 ~ 2000 0TAY PROJECT L.P. SAFECO INSURANCE COMPANY OF AMERICA Name of Pfineip~ (AppHca~) Name of Surety Company ~y. (See att,ached signature page) By ~.~ ......... ~atricia H. Brebner] Attorney-ih-Fact By 2677 North Main Street, Suite....~00 Address of Surety Company 6-24149 Santa Ama, CA 92705 Bond/Policy No, City Smtc Zip Ccxlc ABOW~E~$IGNATO]RI~S ~ST BE NOTAR/2~D APPROVED AS TO FORM: City Attorney H; ~HOM~ENGIN~ \LAND DEV\ FORMS \!v/ON_B 0 KD,FRM (ATTACHMENT TO BONE)) "Developer" OTAY PROJECT L.P. a Califomia limited Partnership " By: Otay Project, LLC, a California limited liability company By: Otay Ranch Development, LLC; A Delaware limited liability company Authorized Mne.,~j~e.~r By:, Title CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California t ss. County of ~----~.-,. ,~, On .4¢,~,>-'~-/'7/ ~ , before me, .z.~..~ Date~ Name and ~Rtle of 01~cer {e.g ~ 'J~ne Doe, Notary Public") personally appeared ~,-rc/¢_..,~ Name(s) of Signer(s) [~q~rsonally known to me [] proved to me on the basis of satisfactory evidence to be the person/(s), whose name(s-)-is/;rc  subscribed to the within instrument and acknowledged to me that he/~ executed the same in his/her./thei~ authorized capacity(~-~-, and that by' hiskherY~.be~ signature(s.)~on the instrument the person(s-)7-, or ~ ,q4y~:x~'~.E~,q~'13,~O04 the entity upon behalf of which the person(s-)'- acted, executed the instrument. Place Notacy Seal Above ~alu of Nota~ Pub!ic~.~ OPTIONAL Though the information below is not required by/aw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(tea) Claimed by Signer Signer's Name: [] Individual Top of thumb here [] Corporate Officer -- Title(s): U Partner-- [] Limited [] General [] Attorney in Fact [] Trustee EJ Guardian or Conservator CJ Other: Signer Is Representing: · ' C~ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. ~997 State of Ca]i£omia County of Orange On August 4 2000 before me, Patricia M. White, Notary Public DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared Patricia H. Brebner NAME(S) OF SIGNER(S) [] 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 autho?ized capacity(les), 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 hand and official seal. my OPTIONAL Though the data below is not required by law, it may prove valuable to pemons relying on the document and could prevent fraudulent ma~achment of this form. CAPACITY C~IMED BY SIGNER DESCRIPTION OF A~ACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER TITLE OR ~PE OF DOCUMENT ~ PARTNER(S) ~ LIMITED ~ GENERAL ~ ATTORNEY-IN-FACT ~ TRUSTEE(S) ~ GUARDIAN/CONSERVATOR NUMBER OF PAGES ~ OTHER: July 21 2000 SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S) OR ENTI~(IES) Safeco Insurance Company of America SIGNER(S) OTHER THAN NAMED ABOVE S 4067/GEEF 2/98 © 1993 NATIONAL NOTARY ASSOCIATION - 8236 Rernrnet Ave, P.O Box 7184 - Canoga Park, CA 91309-7184 , ' S A F E C O' POWER SAFECO,NSUR~C£COMPAN¥OFAMEmCA GENERAL INSURANCE COMPANY OF AMERICA OF ATTORNEY HOME OFFICE: SAFECO PLAZA SEA"~rLE. WASHINGTON 98185 No. 12320 KNOW ALI. BY THESE PRESENTS: Yhat SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washin§ton corpora§on, does each hereby appoint its true and lawful attomey(s)-in-fact, with ~ti authodty to execute on ita bepaif fidelity and surety bonds or undertakings and other documents of a similar character issued in the coume of its business, and to bind the respa~ve company tha'eby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 13th day of Juac , 2000 R.A. PIERSON, SECRETARY W. RANDALL STODDARD. PRESIDENT CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice Pres[dent, the Secreta~,, and any Assistanl Vice P~esident appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint inffividuais as attorneys-in-fact or under other appropdafa titles with authority to execute on behalf of the company §detity and surebj bonds and other documents of similar characler issued by the company in the course of its business... On any instrument making or evidencing such appoir~tment, the signatures may be affixed by facsimifa. On any instrument conferring such authodty or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessa%/ to /he validity of any such instrument or undertaking." Extract from a Resolugon of/he Boa~ of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 20, 1970. "On any certificate executed by the Secreta~/or an assistant secretaq/of the Company setting out, (i) The provisions of Article V. Section 13 of the By Laws, and (ii) A copy of the power*o~attomey appointment, executad pursuaffi thereth, and (iii) Ceffifying that said power-of-agomey appointment is in full fome and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof," I, R.A, Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that lhe foregoing extracts of the By-Laws and of a Resolution of the Boa~d of Directors of these corporations, and of a Power of Attomey issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Affomey are still in full fome and effect, IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimtie seal of said corporation this 4th dayof August 2000 R.A. PIERSON, SECRETARY S-09741SAEF 7198 ® Registered trademark of SAFECO Corporation. 6/13/00 POF RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE "A" MAP SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 98-06, PORTION OF VILLAGE ONE WEST, OTAY RA/~CH SPA ONE AND AUTHORIZING TEE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the developer has executed an ~'A" Map Supplemental Subdivision Improvement Agreement which addresses several on-going conditions of the tentative map. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the "A" Map Supplemental Subdivision Improvement Agreement for Chula Vista Tract No. 98-06, Portion of Village One West, Otay Ranch SPA One, 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 to execute said Agreement on behalf of the City of Chula Vista. Presented by Approved as to form by John P. Lippitt John M. Kaheny Director of Public Works City Attorney [H:/H OMEtA~TORN EY\RESO\ssia A Map OR Spa One West (August 14, 2000 (8:50am)] 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 ~-/~y ~/~// Z/) Above Space for Recorder's Use VILLAGE ONE WEST OF THE OTAY R3~NCH PROJECT SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT (Conditions 1, 2, 3, 4, 5, 8, 9, 10, 11, 13, 24, 26, 28, 37, 38, 39, 45, 49, 63, 68, 81, 82 a and b, 84, 87, 88 e and f, 90, 91, 92, 97, 115, 116, 118, 120, 123, 128, 129, 130, 131, 132, 133, 134, 137, 139, 140 and 144) This Supplemental Subdivision Improvement Agreement ("Agreement") is made this 22nd day of August, 2000, by and between THE CITY OF CHULA VISTA, California ("City" or "Grantee" for recording purposes only) and OTAY PROJECT L.P., a California Limited Partnership, LB/L-RWR Otay 91 LLC, a Delaware limited liability company, LB/L-RWR Otay 62 LLC, a Delaware limited liability company ("Developer" or "Grantor"), with reference to the facts set forth below, which recitals constitute a part of this Agreement: RECITALS A. This Agreement concerns and affects certain real property located in Chula Vista, California, more particularly described on Exhibit "A" attached hereto and incorporated herein ("Property"). The Property is within approved Tentative 1 Subdivision Map Chula Vista Tract 98-06 (Resolution No. 19572 on August 17, 1999 the "Resolution"), which project is commonly known as Village One West, of the Otay Ranch Project, Sectional Planning Area One (SPA One), and a portion of Chula Vista Tract 98-06. For purposes of this Agreement the term "Project" shall also mean "Property". B. Otay Project L.P. conveyed title to Planning Areas R- 5lA, R-51B, R-52B and R-53 to LB/L-RWR Otay 91 LLC, and LB/L-RWR Otay 62 LLC on Dec. 29, 1999. C. Developer and/or Developer's predecessor in interest has applied for and the City has approved Tentative Subdivision Map commonly referred to as Chula Vista Tract 98-06 ("Tentative Subdivision Map") for the subdivision of the Property. D. The City has adopted Resolution No. 19572 ("Resolution") pursuant to which it has approved the Tentative Subdivision Map subject to certain conditions as more particularly described in the Resolution. The conditions are attached hereto as Schedule "1." E. City is willing, on the premises, security, terms and conditions herein contained to approve the final map for which Developer has applied as being in substantial conformance with the Tentative Subdivision Map described in this Agreement. Developer understands that subsequent final maps may be subject to the same security terms and conditions contained herein. F. The following defined terms shall have the meaning set forth herein, unless otherwise specifically indicated: 1. For purposes of this Agreement, "B" Map means any final map subsequent to this "A" Map and within the "A" Map boundaries. 2. "Commencing Construction" means when a construction permit or other such approval has been obtained from the City or a construction contract has been awarded for the improvement, whichever occurs first. 3. "Complete Construction" means when construction on said improvement has been completed and the City accepts the improvement. 4. "Owner or Developer" means the person, persons or entity having a legal or an equitable interest in the property or parts thereof and includes Owner's successors-in-interest and assignors of any property within the boundaries of the map. This includes otay Project, L.P. and any and all owners of real property within the boundaries of the Property, and all signatories to this 2 Agreement including: i) Otay Project, L.P. ii) LB/L-RWR Otay 62 LLC iii) LB/L-RWR Otay 91 LLC 5. "Guest Builder" means those entities obtaining any interest in the Property or a portion of the Property, after the "A" Map has been recorded. 6. "PFFP" means the SPA One Public Facilities Financing Plan 'adopted by Resolution No. 18286, as amended by Resolution No. 19408 and as may be further amended from time to time. 7. "RMP 2" means the Otay Ranch Resource Management Plan, Phase 2, approved by the City Council on June 4, 1996, as amended on July 20, 1999 by Resolution No. 19538 and as may be further amended from time to time. 8. "Preserve/Owner Manager" is the entity or entities defined by the RMP 2 with the duties and responsibilities described therein. 9. "Parks Master Plan" means the City-wide Parks Master Plan, subject to future City Council approval. 10. "Otay Ranch Parks Agreement" means the agreement pertaining to the construction of parks in Otay Ranch SPA One, McMillin Lomas Verdes and Otay Ranch adopted by Resolution No. 19636 as may be amended from time to time. 11. "Backbone Improvement Plans" means all the onsite and offsite improvements required to serve the lots created by the "A" Map, in accordance with improvement plans to be approved by the City. Said improvements shall include, but not limited to, asphalt concrete pavement, base, concrete curb, gutter and sidewalk, sewer, reclaimed and potable water utilities, drainage facilities, street lights, signage, landscaping, irrigation, fencing and fire hydrants. 12. '~SPA One Plan" means the Otay Ranch Sectional Planning Area Plan as adopted by the City Council on June 4, 1996 pursuant to Resolution No. 18286 and amended on February 16, 1999 by Resolution No. 19376. 13. "Olympic Parkway Agreement" means the Agreement for the Financing and Construction of Olympic Parkway and Related Roadway Improvements approved by the City Council on April 20, 1999 by Resolution No. 19410. NOW, THEREFORE, in exchange for the mutual covenants, terms and 3 conditions herein contained, the parties agree as set forth below. 1. Performance Obligation. Otay Project, L.P., co- signator to this Agreement, represents to the City that it is acting as the Master Developer for this Project and expressly assumes performance of the obligations set forth in paragraphs 8, 11 a and b, 16, 20 and 21 of this Agreement. Notwithstanding the foregoing, all parties to this Agreement acknowledge and agree that all such obligations remain a covenant running with the land as set forth more particularly in paragraph 2 below. 2. Agreement Applicable to Subsequent Owners. a. Agreement Binding Upon Successors. This Agreement shall be binding upon and inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property as described on Attachment "A" until released by the mutual consent of the parties. b. Agreement Runs with the Land. The burden of the covenants contained in this Agreement ("Burden") is for the benefit of the Property and the City, its successors and assigns and any successor in interest thereto. 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. If such covenants are breached, the City shall have the right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach to which it or any other beneficiaries of this agreement and the covenants may be entitled. c. Developer Release on Guest Builder Assignments. If Developer assigns any portion of the Project to a Guest Builder, Developer may request to be released from Developer's obligations under this Agreement, that are expressly assumed by the Guest Builder, provided Developer obtains the prior written consent of the City to such release. Such assignment to the Guest Builder shall, however, be subject to this Agreement and the Burden of this Agreement shall remain a covenant running with the land. The City shall not withhold its consent to any such request for a release so long as the assignee acknowledges that the Burden of the Agreement runs with the land, assumes the obligations of the Developer under this Agreement, and demonstrates, to the satisfaction of the City, its ability to perform its obligations under this Agreement as it relates to the portion of the Project which is being acquired by the Assignee. 4 d. Partial Release of Developer's Assignees. If Developer assigns any portion of the Project subject to the Burden of this Agreement, upon request by the Developer or its assignee, the City shall release the assignee of the Burden of this Agreement as to such assigned portion if such portion has complied with the requirements of this Agreement to the satisfaction of the City and such partial release will not, in the opinion of the City, jeopardize the likelihood that the remainder of the Burden will not be completed. e. Release of Individual Lots. Upon the occurrence of any of the following events, Developer shall, upon receipt of the prior written consent of the City Manager (or Manager's designee), have the right to release any lot(s) from Developer's obligation under this Agreement: i. The execution of a purchase agreement for the sale of a residential lot to a buyer of an individual housing unit; ii. The conveyance of a lot to a Homeowner's Association; iii. The conveyance of a school site as identified in the SPA One Plan to a school district; The City shall not withhold its consent to such release so long as the City finds in good faith that such release will not jeopardize the City's assurance that the obligations set forth in this Agreement will be performed. At the request of the Developer, the City Manager (or Manager's designee) shall execute an instrument drafted by Developer in a recordable form acceptable to the City Manager (or Manager's designee), which confirms the release of such lot or parcel from the encumbrance of this Agreement. Notwithstanding the foregoing, at the close of an individual homeowner's escrow on any lot or parcel encumbered by this Agreement, such lot or parcel shall be automatically released from the encumbrance hereof. 3o Condition No. 1 (General Preliminary). In partial satisfaction of Condition 1 of the Resolution, Developer hereby agrees, to comply with the requirements and guidelines of the Otay Ranch General Development Plan (GDP), the SPA One Parks, Recreation, Open Space and Trails Plan, the Public Facilities Financing Plan ("PFFP"), Ranch-Wide Affordable Housing Plan, SPA One Affordable Housing Plan, and the SPA One Non-Renewable Energy Conservation Plan, as may be amended from time to time, and shall remain in compliance with and implement the terms, conditions and provisions of said documents. 5 4. Condition No. 2 (~eneral Preliminary). In satisfaction of ,Condition No. 2 the Resolution the Developer hereby agrees to all of the terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the Property. 5. Condition No. 3 o (General Preliminary). In partial satisfaction of Condition No. 3 of the Resolution, Developer hereby agrees that if any of the terms, covenants or conditions contained within the Resolution shall fail to occur or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to deny the issuance of building permits for the Project, deny, or further condition the subsequent approvals that are derived from the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The Developer shall be notified ten (10) days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City within a reasonable period of time. 6o Condition No. 4 (General Preliminary). In partial satisfaction of Condition No. 4 of the Resolution, Developer hereby agrees to indemnify, protect, defend and hold the City harmless from and against any and all claims, liabilities and costs, including attorney's fees, arising from challenges to the Environmental Impact Report for the Project and/or any or all entitlements and approvals issued by the City in connection with the Project. 7. Condition No. 5 (General Preliminary). In partial satisfaction of Condition 5 of the Resolution, Developer hereby agrees, that Developer shall comply with all applicable SPA One conditions of approval. 8. Condition Nos. 8, 10 and 11- (Conveyance Obligation). In partial satisfaction of Condition Nos. 8, 10 and 11, the Developer agrees as follows: a. Prior to approval of each "B" Map the Developer shall be in compliance with all applicable requirements of the RMP 2. b. Prior to approval of the first "B" Map, Developer shall convey open space land in accordance with the RMP 2 for all applicable backbone street lots, open space lots, and park lots as shown on the "A" Map. 6 c. Developer acknowledges that property within the boundaries of the "A" Map, which will be the subject of future final maps or parcel maps may have conveyance obligations to fulfill for all development areas, including applicable streets, open space lots. 9. Condition No. 9 - (CEQA). In satisfaction of Condition No. 9 of the resolution, Prior to approval of each final "B" Map, the Developer shall implement all applicable mitigation measures identified in EIR 95-01, subsequent EIR 97-03, the CEQA Findings of Fact for this Project (on file in the City Clerk's Office as Document No. CO96-056 and No. ) and the Mitigation Monitoring and Reporting Program (on file in the City Clerk's Office as Document No. C096-057 and No. ). 10 Condition No. 13 In partial satisfaction of Condition No. 13 of the Resolution, locations of Otay Tarplant have been depicted on Mass Grading plans for a portion of the Project (Chula Vista Drawing Nos. 99-642 through 99-651) ("Plans") as sensitive areas not to be disturbed until a 4(d) interim take permit was issued by the City. Prior to issuance of the first grading permit for any of the remaining area of the Project not covered by the Plans, the Developer agrees to comply with Condition NO. 13 for the remaining area by depicting all on-site locations of vernal pools and Otay Tarplant on all subsequent grading plans as sensitive areas. If vernal pools or Otay Tarplant are to be preserved, as determined by the City or responsible resource agencies, Developer shall preserve them in perpetuity and shall appropriately fence and buffer them. The locations and preservation of these resources shall be verified by a qualified biologist to the satisfaction of the Environmental Review Coordinator. The Developer shall enter into the standard three party agreement with the City of Chula Vista and biological consultant(s), for the location of vernal pools and Otay Tarplant. The cost for the consultant(s) shall be established and said amount deposited by the Developer into an account prior to any work being initiated by the consultant. The Developer shall not "take" the Otay Tarplant or disturb the vernal pools until such time as authorization for such action, if necessary, is obtained from the appropriate resource agency. 11. Condition NOo 24, 26, and 28 (streets, right-of-way and public improvements). In partial satisfaction of Condition Nos. 24, 26 and 28 of the Resolution Developer hereby agrees as follows: a. Off-site Improvements The Developer shall construct all Otay Ranch SPA One public improvements and provide security satisfactory to the City Engineer in accordance with the Public Facilities Financing Plan, as may be amended from time to time and the Olympic Parkway 7 Agreement or as may be required by the City Engineer to meet threshold standards adopted by the City. b. On-site Public Improvements Developer agrees to construct the street improvements and land development work in and adjoining said subdivision and as shown on the Drawings set forth on Exhibits "B" ("Street and Public Improvements"), at its own expense, without any cost to the City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer. Developer further agrees to furnish the necessary materials therefor; all in strict conformity and in accordance with the plans and specifications, which documents have heretofore been filed in the Office of the City Engineer and by this reference are incorporated herein and made a part hereof. Developer shall complete construction of the Street Improvements on or before the earlier of the second anniversary date of Council approval of this Agreement or, if prior to Council approval of this agreement, a construction permit was issued for any portion of said Street Improvement, then construction on that portion for which a permit was issued shall be completed on or before the second anniversary date of issuance of said permit. It is expressly understood and agreed to by Developer that, in the performance of construction of said Street Improvements, Developer shall conform to and abide by all of the provisions of the ordinances of the City of Chula Vista, and the laws of the State of California applicable to said work. i. Bonding. 1. Developer agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this Agreement, and to thereafter maintain until City acceptance of the work referenced herein, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City Engineer and City Attorney in the sums as set forth on Exhibit "B", which security shall guarantee the faithful performance in connection with the installation of the Street Improvements as shown on Exhibit "B" 2. Developer agrees to furnish and deliver to the City of Chula Vista simultaneously with the execution of this Agreement, and to thereafter maintain until City acceptance of the work referenced herein, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City Engineer and City Attorney in the sums as set forth on Exhibit "B" to secure the payment of material and labor in connection with the installation of said Street Improvements, which security is shown on Exhibit "B". 3. Developer acknowledges and agrees that if the Street Improvements are not completed within the time agreed 8 herein, the sums provided by said improvement securities may be used by City for the completion of the Street Improvements in accordance with those approved plans and specifications contained on Exhibit "B", or at the option of the City, for those improvements shown on Exhibit "B" that are less than, but not greater to, the sums provided by said improvement securities. Upon certification of completion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to the Developer or its successors in interest, pursuant to the terms of the improvement security. Developer agrees to pay to the City any difference between the total costs incurred to perform the work, including limited and reasonable design and administration of construction in substantial conformance with the approved plans (including a reasonable allocation of overhead), and any proceeds from the improvement security. ii. Developer's Costs and Expenses. It is also expressly agreed and understood by the parties hereto that in no case will the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall the City or the City's officer, sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor. iii. Plan Check fees and Additional Costs. It is further understood and agreed by Developer that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the Street Improvements plans and installation of Street Improvements described above, as required by City and approved by the City Engineer shall be paid by Developer, and that Developer shall deposit, prior to recordation of this "A" Map, with City a sum of money sufficient to cover said cost. iv. Maintenance Costs. Developer understands and agrees that until such time as all of the Street Improvements as covered by any particular bond are fully completed and accepted by City, Developer shall be responsible for the care, maintenance of, and any damage to, such streets and any alleys, easements, water and sewer lines. It is further understood and agreed that Developer shall guarantee all of the Street Improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of Developer, its agents or employees in the performance of this Agreement, and that upon acceptance of the work by City, Developer shall grant to City, by appropriate conveyance, the public improvements constructed 9 pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. c. Neighborhood Improvements. Prior to the approval of each "B" Map for the project, the Developer shall secure the construction of all on and off-site full street improvements required to serve that particular ~B" Map in accordance with Section 18.16.220 of the Municipal Code, as determined by the City Engineer ("Neighborhood Improvements"). Developer agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of each ~B" Map Agreement, and to thereafter maintain until City acceptance of the work referenced therein, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City Engineer and City Attorney in the sums as approved by the City Engineer, which security shall guarantee the faithful performance in connection with the installation of the Neighborhood Improvements. d. Indemnification Developer further understands and agrees that City, (as "Indemnitee") or any officer or employee thereof, shall not be liable for any bodily injury, death, or property damage, including thereto hazardous materials and property takings claims occasioned by reason of the acts omissions of Developer, its subcontractors or suppliers, its agents or employees, or Indemnitee (which are not the result of Indemnitee's sole negligence or willful misconduct), related to the construction of the Street and Neighborhood Improvements. Developer further agrees to defend, indemnify, protect and hold the Indemnitee, its officers and employees, harmless from any and all claims, demands, causes of action, liability, costs and expense (including without limitation, reasonable attorney's fees) or loss for bodily injury, death or property damages, including thereto hazardous materials and property takings claims because of or arising out of Developer's construction of the Street and Neighborhood Improvements or the acts or omissions of Developer, its subcontractors or suppliers, its agents or employees, or Indemnitee, related thereto; provided, however, that Developer shall have no obligation to indemnify, defend, protect or hold Indemnitee or any officer or employee thereof harmless from any such losses, claims, demands, causes of action, liability, damages, costs or expenses which arise out of the sole negligence or willful misconduct of the Indemnitee or any officer or employee thereof. Developer further agrees to defend, indemnify, protect and hold the Indemnitee, its officers and employees, harmless from any and all claims, demands, causes of action, liability, cost and expense (including without limitation, reasonable attorney's fees) made or incurred by such third parties pursuant to or arising out of contracts entered into by such third parties with or on behalf of Developer or its successors, assigns or agents concerning construction of the 10 Street and Neighborhood Improvements provided, however, that Developer shall have no obligation to indemnify, defend or hold Indemnitee or any officer or employee thereof harmless from any such losses, claims, demands, damages, causes of action, liability, costs and expenses to the extent that they have arisen due to the sole negligence or willful misconduct of Indemnitee or any officer or employee thereof. The improvement securities referred to above shall not cover' the provisions of this paragraph. Such indemnification and agreement to hold harmless shall extend to damages to adjacent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a resdlt of construction of the Street and Neighborhood Improvements as provided herein. It shall also extend to damages resulting from diversion of waters, change in the volume of flow, modification of the velocity of the water, erosion or siltation, or the modification of the point of discharge as the result of construction of the Street and Neighborhood Improvements. The approval of plans for the Street and Neighborhood Improvements shall not constitute the assumption by City of any responsibility for such damage or taking, nor shall City, by said approval, be an insurer or surety for said work and related improvements. The provisions of this paragraph shall become effective upon the execution of this Agreement and shall remain in full force and effect for ten (10) years following the acceptance by the City of the Street and Neighborhood Improvements. 12. Condition No. 37 (Transit Facilities). In partial satisfaction of Condition No. 37 of the Resolution: a. The developer agrees to fund transit stop facilities at the request of the Director of Public Works. The improvement plans for said stops shall be prepared in accordance with the transit stop details described in the Village Design Plan (approved on February 16, 1999 by Resolution 19376) and approved by the Directors of Planning and Building and Public Works. b. The Developer agrees not to protest the formation of any future regional benefit assessment district to finance the MTDB San Diego Trolley LRT System. 13. Condition No. 38 - (Street Tree Improvement Plan). In partial satisfaction of Condition No.38 of the Resolution: a0 Prior to issuance of the first building permit within the project, Developer shall obtain approval from the Director of Planning and Building and the City Engineer of a separate street tree improvement plan for the Backbone Improvement Plans which includes the final selection of trees, the location of trees within the parkway, and in relation to water laterals, sewer laterals, dry utilities, driveways, inlets and pedestrian ramp. Developer understands that the City shall withhold the issuance of building permits within the "A" Map if the street tree 11 improvement plan is not approved. b. Developer, upon request of the Director of Planning and Building, shall plant within all street parkways, trees which have been selected from the revised list of appropriate tree species described in the village Design Plan which shall be approved by the Directors of Planning and Building and Public Works. The Developer shall provide root control methods per the requirements of the Director of Planning and Building and a deep watering irrigation system for the trees. 14, Condition No. '39 (ADA Standards). In satisfaction of Condition No. 39 of the' Resolution the Developer agrees that in the event the Federal Government adopts ADA standards for street rights-of-way which are in conflict with the standards and approvals contained herein, all such approvals conflicting with those standards shall be updated to reflect those standards. Unless otherwise required be federal law, City ADA standards may be considered vested, as determined by Federal Regulations, only after construction has commenced. 15. Condition No. 45 (Encroachment Permit). In satisfaction of Condition No. 45 of the Resolution, the Developer shall apply and obtain an encroachment permit prior to the installation of all private facilities within the public right of way. The Developer shall maintain, in perpetuity, membership in an advance notice such as the USA Dig Alert Service and shall cause any private facilities owned by the Developer to be marked out whenever work is performed in the area. 16. Condition No. 49 (Traffic Study). In partial satisfaction of Conition No. 45, Prior to the issuance of the first rough grading permit for any portion of the Project south of East Palomar Street, the developer shall update its draft traffic study (BRW, September 23, 1999) to reflect the approved Alternative Tentative Map, the revised Tentative Map, if any, and any relocation of the Park P-13 site. 17. Condition Noo 63 (NPDES). In satisfaction of Condition No. 63 of the Resolution, Developer agrees to comply with all the provisions of the National Pollutant Discharge Elimination System (NPDES) and the Clean Water Program. 18. Condition Nos° 81 (Park Land and Dedication Ordinance). In partial satisfaction of Condition No. 81 of the Resolution, Developer agrees to comply with the Park Land Dedication Ordinance. The ordinance establishes a requirement that the project provide three (3) acres of local parks and related improvements per 1,000 residents. Local parks are comprised of community parks and neighborhood parks. The developer shall satisfy two thirds of the local park requirement 12 (2 acres/i,000 residents) through the provision of a turn-key neighborhood park within Village One West. The remaining requirement (1 acre/i,000 residents) shall be satisfied through the payment of fees, dedication of land, or a combination of both. 19. Condition Nos. 82 a. and b. (Neighborhood Park Dedication). a. The developer shall commence construction of Park 13 by the issuance of the 400th building permit in the Project and complete construction of the park within nine months of commencement of construction. For purposes of this paragraph, the term "complete construction" shall mean park construction has been completed according to the City approved construction plans and accepted by the City. Furthermore, "complete construction" shall mean prior to and shall not include the City's established maintenance period required prior to acceptance by the City for public use. b. Developer agrees that at no time shall there be a deficit in "constructed neighborhood park" based upon 2 acres/i,000 residents. Developer further agrees that the City may withhold the issuance of building permits for the Project, should said deficit occur. For purposes of this paragraph the term "constructed neighborhood park" shall mean the construction of the park has been completed and accepted by the City as being in compliance with the Park Master Plan, but prior to the City's mandatory maintenance period. This is not intended to supersede any of the City's maintenance guarantee requirements. 20. Condition No. 84 - (Three party agreement). In satisfaction of Condition No. 84 of the resolution, no later than ninety (90) days following City Council approval of the "A" Map, the Developer shall enter into the standard three party agreement with the City of Chula Vista and design consultant(s), for the design of all aspects of the neighborhood and community parks in accordance with the Master Plan whereby the Planning and Building Director selects the design consultant(s), to be funded by the Developer. The cost for the consultant(s) shall be established and said amount deposited into an account prior to any work being initiated by the consultant. The agreement shall include, but not be limited to, master planning, design development phase, construction document phase and construction supervision phase for the park sites. The construction documents shall reflect the then current requirements of the City's Code/Landscape Manual requirements. 21. Condition No. 87 (Comm~unity Parks). In satisfaction of Condition No. 87 the Developer agrees that: a. Prior to the approval of each final "B" Map the Developer shall pay PAD fees, dedicate land, or a combination 13 thereof, for the Community Park based upon a formula of 1 acre per 1, 000 residents, until such time as a turn-key facility has been constructed by the Developer and accepted by the Director of Parks and Recreation. Said turn-key facility is subject to the reimbursement mechanism set forth below. b. The first Otay Ranch Community Park, to satisfy Village One West demand, shall be located in by Developer in Village 2 as identified in the GDP. c. Notwithstanding that the community park requirement (1 acre/i,000 residents) shall be satisfied through the payment of PAD fees, dedication of land, or a combination thereof, the Developer shall commence construction of the first phase of the Community Park prior to issuance of the building permit for the 2,650th dwelling unit within SPA One. The first phase of construction shall include, but not be limited to, improvements such as a graded site with utilities provided to the property line and an all weather access road acceptable to the Fire Department. d. Developer shall commence construction of the second phase of the Community Park prior to issuance of the building permit for the 3,000th dwelling unit within SPA One. Second phase improvements shall include recreational amenities as identified in the Park Master Plan. e. Community Park shall be ready for acceptance by the for maintenance prior to issuance of the building permit for the 3,900th dwelling unit within SPA One. f. If the Director of Parks and Recreation determines that it is not feasible for the Developer to commence construction of the first phase improvements of the community park prior to issuance of the building permit for the 2,650th unit within SPA One, then the shall have the option to utilize the PAD fees for said improvements, or to construct another park facility, east of the 1-805 Freeway within an acceptable service radius of SPA One, as set forth in the GDP. g. The Developer shall provide a maintenance period of 9-12 months as to the community park, in accordance with the City of Chula Vista Planning and Building Department policy. h. The Developer shall receive reimbursement of PAD fees, proportionate to what has been constructed, excluding the cost of construction of the all weather access road, for the community park should the Developer deliver a turn-key facility to the City in accordance with the Community Park Master Plan, subject to the approval of the approval of the Director of Parks and Recreation. 14 22. Condition No. 88 e and f (Trails Open Space, signage plan). In partial satisfaction of Condition No. 88 e and f, the Developer shall: a. No later than one hundred twenty (120) days following approval of the "A" Map, secure the installation of adequate public trail signage to the satisfaction of the Director of Planning and Building that provides direction and location of trail connections, handicap access, bikeway locations, and encourages public access for pedestrians to enter through or adjacent to the attended entry areas to access the public trail connections located within Open Space lots via the "Public Trail Access Easements" over Santa Maria Street as depicted on the "A" Map. The public trail signage shall be shown on landscape improvement plans for the Phase 1 Backbone Improvements and/or the Landscape and Irrigation Plans for Phase 1 Grading, said plans to be approved by the Director of Parks and Recreation. The installation of the public trail signage shall be secured by an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City Attorney in the sums as approved by the Director of Parks and Recreation, which security shall guarantee the faithful performance of the installation of the public trail signage. The public trail signage security may also be included in the bonding to be provided for the landscape improvements for the Phase 1 Backbone Improvements and/or the Landscape and Irrigation Plans, Phase 1 Grading. Installation of the public trail signage shall be completed by the Developer at the request of the Director of Parks and Recreation. b. Provide public pedestrian, bicycle, cart ingress and egress between Olympic Parkway and East Palomar Street by means of public trail access easements upon, over and across, the future private streets over which the public access trail easements will cross such as Tenaya Lake Place, Liberty Creek Court, Berry Creek Court, and East Santa Carina (as depicted in the Tentative Map) for the Project south of East Palomar Street and shall install appropriate signage indicating location of trail connections, handicap access, and bikeway locations to the Regional Trail. The location and design of the signage shall be approved by the Director of Planning and Building prior to the approval of the first final "B" map for the Project south of East Palomar Street. Signage shall be installed by the Developer upon the request of the Director of Planning and Building. 23. Condition No. 90. (Open Space lots). In satisfaction of Condition No. 90 of the Resolution, Developer agrees to provide the City, prior to execution of this Agreement, with irrevocable offer(s) of dedication (IODs), in accordance with Government Code Section 7050, a fee interest, free and clear of all encumbrances, in the real properties shown on the "A" Map as 15 park lots and open space lots and offered to the City for acceptance on such map. The IODs are attached to this Agreement as Exhibit "C". 24. Condition No. 91 (Open Space Maintenance District). In partial satisfaction of Condition No. 91 of the Resolution, the formation of an Open Space District (Community Facilities District 99-2). shall be submitted to the City Council for consideration prior to approval of the first final "B" map. Maintenance of the open space improvements shall be accomplished by the developer for a minimum period of one year or until such time as accepted into the open space district by the City. If Council does not approve the open space district formation, some other financing mechanism such as homeowners association shall be identified and submitted to the City Council for consideration prior to approval of the first final "B" map. All costs of formation and other costs associated with the processing of the open space relating to this Project shall be borne by the Developer. Additionally, Developer shall provide all the necessary information and materials (e.g., exhibits, diagrams, etc.) as determined by the City Engineer to prepare the engineer's report for the proposed open space district. 25. Condition No. 92 (Master Homeowner's Association). The Developer hereby agrees to create a Master Homeowner's Association (''MHOA") to own and maintain in a professional manner open space areas, medians, and parkways not maintained by the Community Facility District or the City (referred to collectively as "open space areas"), or annex the Project into an existing MHOA. Developer shall complete the formation of the MHOA prior the first final "B" map. The MHOA shall be structured to allow annexation of future tentative map areas in the event the City Engineer and Director of Planning requires such annexation of future tentative map areas. On or before 60 days from the date of Council approval of this A map, the developer shall submit for City's approval the CC&R's, grant of easements and maintenance standards and responsibility of the MHOA's for the Open Space Areas within the Project area. Developer acknowledges that the MHOA's maintenance of public open space, trails, etc. may expose the City to liability and Developer hereby agrees to establish a MHOA that will hold the City harmless from any negligence of the MHOA in the maintenance of such areas. 26. Condition No. 97 - (No Protest of Maintenance District or Assessment District). In satisfaction of Condition No. 97 of the Resolution, Developer hereby agrees not to protest the formation of or the inclusion in, a maintenance district, including a community facility district or a benefit zone, for the maintenance of landscaped medians and scenic corridors along streets within and adjacent to the subject subdivision. This 16 agreement to not protest the inclusion of these public improvements shall not be deemed a waiver of the right to challenge the amount of any assessment, which may be imposed due to the addition of these new improvements and shall not interfere with the right of any person to vote in a secret ballot election. 27. Condition No. 115 - (Withhold Building Permits and Hold Harmless). In partial satisfaction of Condition No. 115 of the Resolution, the Developer understands and agrees that the performance of Developer's obligations hereunder is required for the health and safety of the residents of its Project. Therefore Developer agrees: a. That the City may withhold building permits for any and all buildings within the Project if any one of the following occur: i. Regional development threshold limits set by the East Chula Vista Transportation Phasing Plan have been reached. ii. Traffic volumes, levels of service, public utilities and/or services exceed the adopted City threshold standards in the then effective Growth Management Ordinance. iii. The Developer does not comply with the terms of the Reserve Fund Program. b. That the City may withhold building permits for any of the phases of development identified in the PFFP, if the required public facilities, as identified in the PFFP or as amended by the Annual Monitoring Program or otherwise conditioned have not been completed or constructed to satisfaction of the City. c. That, on the condition that City shall promptly notify the Developer of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense, the Developer shall defend, indemnify, and hold harmless the City, and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees, to attack, set aside, void or annul any approval by the City, including approvals by its Planning Commission, City Council, or any approval by its agents, officers, or employees with regard to this Project. d. That, on the condition that City shall promptly notify the Developer of any claim, action or proceeding, Developer shall defend, indemnify, and hold harmless the City, and its agents, officers and employees, from any claim, action, or proceeding against the City, or its agents, officers or employees, related to erosion, siltation or increased flow of drainage resulting from the Property. City agrees to reasonably cooperate with Developer in the defense of any such action, claim or proceeding. e. In partial satisfaction of Condition No. l15(e) of the Resolution, the Developer understands and agrees that cable television companies franchised by the City of Chula Vista may place conduit within the City easements and provide cable television service for lots within the Final Map area, as 17 described on Exhibit A. Developer agrees to comply with all rules, regulations, ordinances and procedures regulating and affecting the operation of cable television within Chula Vista. Developer further acknowledges and agrees that Developer will not in any way impair or interfere with City's use of City's easements as described herein. f. That the City may withhold the issuance of building permits for the Project, should the Developer be determined by the City to be in breach of any of the terms of the Tentative Map Conditions or any Supplemental Agreement, including this Agreement. The City shall provide the Developer of notice of such determination and allow the Developer reasonable time to cure said breach. 28. Condition No. 116 (Congestion Management Program). In satisfaction of Condition No. 116 of the Resolution the Developer shall enter into a supplemental agreement with the City prior to approval of the first "B" Map where the Developer agrees: a. To participate, on a fair share basis, in any deficiency plan or financial program adopted by SANDAG to comply with the Congestion Management Program (CMP) and b. To not protest formation of any future regional impact fee program or facilities benefit district to finance the construction of regional facilities described in the Otay Ranch GDP and Otay Ranch SPA One PFFP. This agreement to not protest the inclusion of these public improvements shall not be deemed a waiver of the right to challenge the amount of any fee, which may be imposed due to these new improvements and shall not interfere with the right of any person to vote in a secret ballot election. 29. Condition No. 118 (Previous Agreements). The Developer shall comply with all previous Agreements as they pertain to the tentative map, such as the Olympic Parkway Agreement. 30. Condition No. 120 (School Site). In partial satisfaction of Condition No. 120 of the Resolution, Developer agrees to: a. Deliver to the Chula Vista Elementary School District, a graded elementary school site including utilities provided to the site and an all weather access road acceptable to the District, located west of Paseo Ranchero (school site S-3), prior to issuance of the 4,500th residential building permit (1,350 students) within SPA One. The all weather access road shall also be acceptable to the Fire Department. This schedule is subject to modification by the School District as based on District facility needs. 31. Condition Nos. 123 - (Growth Management Ordinance). In satisfaction of Condition No. 123 of the Resolution, the 18 Developer agrees, upon the request of the City, to the following: a. Fund the preparation of an annual report monitoring the development of Otay Ranch as described in Chapter 9, "Growth Management of the Otay Ranch General Development Plan". The annual report will analyze the supply of, and demand, for public facilities and services governed by the thresholds. b. Prepare a five (5) year development phasing forecast identifying targeted submittal dates for future discretionary applications (SPAs and tentative maps), projected construction dates, corresponding public facility needs per the adopted threshold standards, and identifying financing options for necessary facilities as described in Chapter 9, "Growth Management" of the 0tay Ranch General Development Plan". 32. Condition No. 128. (Development Phasing Plan). In partial satisfaction of Condition No. 128 of the Resolution, Developer agrees that if phasing is proposed within an individual map or through multiple final maps, the developer shall submit and obtain approval of a development phasing plan by the City Engineer and Director of Planning and Building prior to approval of any final map or parcel map as applicable. Improvements, facilities and dedications to be provided with each phase or unit of development shall be as determined by the City Engineer and Director of Planning and Building. The City reserves the right to require said improvements, facilities and/or dedications as necessary to provide adequate circulation and to meet the requirements of police and fire departments. The City Engineer and Director of Planning and Building may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. 33. Condition No. 129. - (PFFP). In partial satisfaction of Condition No. 129 of the Resolution, Developer agrees to adhere to the PFFP and any amendments thereto, approved by the City Council, including but not limited to the, SPA and tentative map improvements installed in accordance with said Plan or as required to meet threshold standards adopted by the City. Developer and City acknowledge that the PFFP identifies a facility phasing plan based upon a set of assumptions concerning the location and rate of development within and outside of the project area. Throughout the build-out of SPA One, actual development may differ from the assumptions contained in the PFFP (i.e., the development of EastLake III). Developer understands that neither the PFFP nor any other SPA One document grant the Developer an entitlement to develop as assumed in the PFFP, or limit the SPA One's facility improvement requirements to those identified in the PFFP. Developer acknowledges that compliance with the City's threshold standards, based on actual development patterns and updated forecasts in reliance on changing entitlements and market conditions, shall govern SPA One development patterns and the facility improvement requirements to 19 serve said development. In addition, the sequence in which improvements are constructed shall correspond to any future Eastern Chula Vista Transportation Phasing Plan or amendment to the Growth Management Program and Ordinance adopted by the City. Developer understands and agrees that the City Engineer may modify the sequence of improvement construction should conditions change to warrant such a revision. Developer agrees that concurrent with the approval of the first final map approved after a Public Facility Financing Plan has been approved for the EastLake III GDP Area, the Developer shall update, at Developer's sole expense and subjeqt to a Reimbursement Agreement, the SPA 1 PFFP and agrees that the City Engineer may change the timing of construction of the public facilities, including without limitation, the nature, sizing, extent and timing for the construction of public facilities caused by SPA One, shall become a condition for all subsequent SPA One entitlements, including tentative and final maps. 34. Condition No. 130. - (Code Requirements). In partial satisfaction of Condition No. 130 of the Resolution, Developer agrees to comply with all applicable sections of the Chula Vista Municipal Code. Developer further agrees that any final map for the Project and all plans for said Project shall be prepared in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual. 35. Condition No. 131. - (Undergrounding). In partial satisfaction of Condition No. 131 of the Resolution, Developer agrees to underground all utilities within the subdivision in accordance with Municipal Code requirements. 36. Condition No. 132. - (Payment of Fees). In partial satisfaction of Condition No. 132 of the Resolution, Developer agrees to pay the following fees in accordance with the City Code and Council Policy: a. The Transportation and Public Facilities Development Impact Fees. b. Signal Participation Fees. c. Ail applicable sewer fees, including but not limited to sewer connection fees. d. Interim SR-125 impact fee. e. Telegraph Canyon Sewer Basin DIF. f. Poggi Canyon Sewer Basin DIF as may be adopted by the City in the future. h. Reimbursement District for Telegraph Canyon Road Phase 2 37. Condition No. 133. (Regulations; Clean Water Act). In partial satisfaction of Condition No. 133 of the Resolution, Developer agrees to comply with all relevant Federal, State, and Local regulations, including the Clean Water Act. The Developer 2O shall be responsible for providing all required testing and documentation to demonstrate said compliance as required by the City Engineer. 38. Condition No. 134. - (Disclosure of Special Taxes). In partial satisfaction of Condition No. 134 of the Resolution, Developer agrees to ensure that prospective purchasers sign a "Notice of Special Taxes and Assessments" pursuant to Municipal Code Section 5.46.020 regarding projected taxes and assessments. Submit disclosure form for approval by the City Engineer prior to Final Map approval. 39. Condition No. 137. (Landscape Manual). In partial satisfaction of Condition No. 137, the Developer agrees to comply with all aspects of the City of Chula Vista Landscape Manual. 40. Condition No. 139. - (Growth Management). In partial satisfaction of Condition No. 139 of the Resolution, Developer agrees to comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management) as may be amended from time to time by the City. Said chapter includes but is not limited to: threshold standards (19.09.04), public facilities finance plan implementation (19.09.090), and public facilities finance plan amendment procedures (19.09.100). 41. Condition No. 140. (GMO Amendment). In partial satisfaction of Condition No. 140 of the Resolution, the Developer acknowledges and agrees that the City is presently in the process of amending its Growth Management Ordinance to add a proposed Section 19.09.105, to establish provisions necessary to ensure compliance with adopted threshold standards (particularly traffic) prior to construction of State Route 125. Said provisions will require the demonstration, to the satisfaction of the City Engineer, of sufficient street system capacity to accommodate a proposed development as a prerequisite to final map approval for that development, and the Developer hereby agrees to comply with adopted amendments to the Growth Management Ordinance. 42. Condition No. 144 (Guarded Entrances). In satisfaction of Condition No. 144 of the Resolution, Developer agrees that guarded entrances will not have physical barriers unless specifically approved by the City Council and that the entrances will be staffed from dusk until dawn, unless the MHOA or the Developer determines it is economically impractical. 43° Satisfaction of Conditions. City agrees that the execution of this Agreement constitutes satisfaction or partial satisfaction of Developer's obligation of Condition Nos. 1, 2, 3, 4, 5, 8, 9, 10, 11, 13, 24, 26, 28, 37, 38, 39, 45, 49, 63, 68, 81, 82 a and b, 84, 87, 88 e and f, 90, 91, 92, 97, 115, 116, 21 118, 120, 123, 128, 129, 130, 131, 132, 133, 134, 137, 139, 140 and 144 of the Resolution. Developer further understands and agrees that the some of the provisions herein may be required to be performed or accomplished prior to the approval of other final maps for the Project, as may be appropriate. 44. Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned, that Developer shall comply with all unfulfilled conditions of approval of the Tentative Map, established by Resolution No. 19572 and shall remain in compliance with and 'implement the terms, conditions and provisions therein. 45. Recording. This Agreement, or an abstract hereof shall be recorded simultaneously with the recordation of the Final Map 46. Miscellaneous. a. Notices. Unless otherwise provided in this Agreement or by law, any and all notices required or permitted by this Agreement or by law to be served on or delivered to either party shall be in writing and shall be deemed duly served, delivered, and received when personally delivered to the party to whom it is directed, or in lieu thereof, when three (3) business days have elapsed following deposit in the U.S. mail, certified or registered mail, return receipt requested, first-class postage prepaid, addressed to the address indicated in this Agreement. A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party. CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA. 91910 Attn: Director of Public Works Developer: Otay Project, L.P. 350 West Ash Street, Suite 730 San Diego, CA 92101 Attention: Kim John Kilkenny South Bay Project, LLC 191 West Wilbur Road, Suite 102 Thousand Oaks, CA 91360 Attention: David Green RWR Companies 3130 Bonita Road Suite 200B Chula Vista, CA 91910 Attention: Don McClean 22 A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided in this paragraph. b. Captions. Captions in this Agreement are inserted for convenience of reference and do not define, describe or limit the scope or intent of this Agreement or any of its terms. c. Entire Agreement. This Agreement contains the entire agreement between the parties regarding the subject matter hereof. Any prior oral or written representations, agreements, understandings, and/or statements shall be of no force and effect. This Agreement is not intended to supersede or amend any other agreement between the parties unless expressly noted. d. Preparation of Agreement. No inference, assumption or presumption shall be drawn from the fact that a party or his attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation and/or drafting this Agreement. e. Recitals; Attachments. Any recitals and Attachments set forth above are incorporated by reference into this Agreement. f. Attorneys' Fees. If either party commences litigation for the judicial interpretation, reformation, enforcement or rescission hereof, the prevailing party will be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. g. Olympic Parkway Agreement. The parties do not intend by this Agreement to modify or amend in any way the Olympic Parkway Agreement. To the extent of any inconsistencies between this Agreement and the olympic Parkway Agreement with regard to obligations specifically set forth in the Olympic Parkway Agreement, the Olympic Parkway Agreement shall control. [NEXT PAGE IS PAGE ONE OF TWO SIGNATURE PAGES] [PAGE ONE OF TWO SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR VILLAGE ONE WEST "A" MAP NO. 1] IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first hereinabove set forth. CITY OF CHULA VISTA Mayor Attest: Susan Bigelow City Clerk Approved as to Form: John M. Kaheny City Attorney [NEXT PAGE IS PAGE TWO OF SIGNATURE PAGES] [PAGE TWO OF TWO SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR VILLAGE ONE WEST "A" MAP NO. 1] DEVELOPERS/OWNERS: 0TAY PROJECT, L.P., a California limited partnership By: Otay Project, LLC, a California limited liability company, General Partner By: Otay Ranch Development, LLC, a Delaware limited liability company, Authorized Member LB/L-RWR 0TAY 62 LLC, a Delaware limited liability company By: LB/L-RWR Master LLC,a Delaware limited liability company, its Member By: LB/Lakeside Capital Partners LLC, a Delaware limited liability company, its Managing Member By: Its: LB/L-RWR OTAY 91 LLC, a Delaware limited liability company By: LB/L-RWR Master LLC,a Delaware limited liability company, its Member By: LB/Lakeside Capital Partners LLC, a Delaware limited liability company, its Managing Member By: Its: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ~ ss. County of ~,~../ On ~--u,~ ~'~,'-//,,,., 2.o~, before me, ,,"~,~J~' personally appeared ~//U'~.~-- ~ Name(s) ol Signe~s) ~rsonally known to me [] proved to me on the basis of satisfactory evidence  to be the person(s-)-whose name(s~ is/are- subscribed te the within instrument and acknowledged to me that he/sJ:m~"~'~executed  the same in his/hcr/t,hc2 r authorized capacity(lee), and that by his/h~,-/t,hc:,r signature(s) on the instrument the person(s)', or the entity upon behalf of which the person(s)-- acted, executed the instrument. WIT~ _ OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ~/~,~ ~ M'/ Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ~] If'~dividual Top Of thumb here [] Corporate Officer -- Title(s): [] Partner-- [] Limited [] General [~ Attorney in Fact ~ Trustee [] Guardian or Conservator [] Other: Signer Is Representing: [PAGE TWO OF TWO SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR VILLAGE ONE WEST "A" MAP NO. 1] DEVELOPERS/OWNERS: OTAY PROJECT, L.P., a California limited partnership By: Otay Project, LLC, a California limited liability company, General Partner By: Otay Ranch Development, LLC, a Delaware limited liability company, Authorized Member By: : Name: Its: LB/L-RWR OTAY 62 LLC, a Delaware limited liability company By: LB/L-RWR Master LLC, a Delaware limited liability company, its Member By: LB/Lakeside Capital Partners LLC, a DelaWare~ited liability company, its M~naging Member , Name-~.' 'R'onald W. keel Its: Authonz~-'~d Signatory_ LB/L-RWR OTAY 91 LLC, a Delaware limited liability company By: LB/L-RWR Master LLC, a Delaware limited liability company, its Member By: LB/Lakeside Capital Partners LLC, a De~aware~ited liability company, its ~_.~n_a~Me~ber Its: Authorized Signatory CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT On b e. ~ proved to me on the basis of satisfacto~ evidence to be the person~ whose name(~ is/~ subscribed to the within instrument and ;~.~.~.~.~..~.~..~.. acknowledged to me that he/s~y executed ~ ~ the same in his/~r authorized ~ ~. PAM SCOTT ~v,;;~ COMM ff1233866 ~ capacity(ies), and that by his/h~ s~ ~ :~/~ ,0r~Y Pu~uCu~s ~,~ES C~UF0~AC0U,~ ~ signature(s) on the instrument the perso~r ~ '~ MyComm ~:p,r~sOe~o~. ~ ~00~ . the entity upon behalf of which the perso~ ~"~"~"~"~"~'~"~'"""~'"~'~ acted, executed the instrument. OPTIONAL Though the information be/ow is not required by/aw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document y / ..~ __ '~,~/~., ~ Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ~ [7 Individual Top of thumb here I~ Corporate Officer Title(s): L~ Padner-- D Limited LJ General [] Attorney in Fact C~ Trustee EJ Guardian or Conservator Signer Is Representing:. /,.~ / CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California [ ss~ County personalJyap~:~red /_~/~/~' ~ ~o~ s~:~,~;~ .No_~ ubS__ ~ [] pgr-s~nally known to me c~proved to me on the basis of satisfacto~ evidence to be the pemon~ whose name~) is/a~ subscribed to the within instrument and acknowledged to me that he/s~thcy executed eeeee~eeeeee~eee~e~eeeeee~eee~eeeee~ the same in his~r authorized 3 ~ PAM SCOTT " capacity(ies)l and that by his/~ll',~h ~/¢~ ~ COMM ~1233866 ~ signature(s) on the inst~ment the pemon~ or S ~ NOTARYPUBUC CALIFORNIA ~ the entity upon behalf of which the 2 LOS ANGELES COUN~ e'~' Mygomm ~piresOctober~ 2003 ~ acted, executed the instrument. and o~cial seal. Prace Notary Seal Above Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Doc Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ~ E] Individual Top of thumb here EJ Corporate Officer--Title(s): [] Partner-- E] Limited [] General [~ Attorney in Fact [] Trustee [] Guardian or Conservator Signer Is Representing: J List of Exhibits Exhibit A Legal Description of Property Exhibit B Street and Public Improvements Exhibit C Open Space and Park IODs Schedule 1 Conditions of Approval for Chula Vista Tract No. 98-06 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY CHULA VISTA TRACT NO. 98-06 OTAY RANCH VILLAGE ONE WEST "A" MAP NO. 1, BEING PARCELS 1 THROUGH 9 PARCEL MAP NO. 18396, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 22, 1999, TOGETHER WITH PARCEL 1 OF PARCEL MAP NO. 18471, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 10, 2000 TOGETHER WITH'LOTS L AND M OF CHULA VISTA TRACT NO. 96- 04A OTAY RANCH VILLAGE. 1 ~A' MAP NO. 2 ACCORDING TO MAP THEROF NO. 13990, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 27, 2000, TOGETHER WITH A PORTION OF QUARTER SECTIONS 40, 41 AND 65 ALL OF RANCHO DE LA NACION, ACCORDING TO MAP THEREOF NO. 166, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 1, 1869, ALL IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. EXHIBIT STREET and PUBLIC IMPROVEMENTS CR73LA VISTA TRACT NO. 98-06 VILLAGE ONE WEST, SPA ONE Village One West - $3,754,809 6024144 7/31/00 00011-1 Phase 1, Grading and to 27 Drainage Village One West - $2,116,848 5991056 N/A Pen~ing Phase 1, CFD Areas Landscape and Irrigation 0000~-01 East Palomar Street, $1,660,000 024- Pendin9 to 16 Street Improvements 006-524 024- N/A East Palomar Street, $1,038,431 006-525 Pending Landscape Improvements EXHIBIT "C" IRREVOCABLE OFFERS OF DEDICATION OF OPEN SPACE AND PARK LOTS Exhibit "C" consists of four (4) pages of separately recorded instruments, which irrevocably offer Lots "D" through inclusive for Open Space and other Public Purposes Schedule One Village One West Tentative Subdivision Map (C.V.T. 98-06) CONDITIONS OF APPROVAL Unless otherwise specified or required by law: (a) the conditions and Code requirements set forth below shall be completed prior to the related f'mal map as determined by the Director of Planning and Building and the City Engineer (b) unless otherwise specified, "dedicate" means grant the appropriate easement, rather than fee title. Where an easement is required the applicant shall be required to provide subordination of any prior lien and easement holders in order to ensure that the City has a first priority interest and rights in such land unless otherwise excused by the City. Where fee title is granted or dedicated to the City, said fee title shall be free and clear of all encumbrances, unless otherwise excused by the City. Should conflicting wording or standards occur between these conditions of approval, any conflict shall be resolved by the City Manager or designee. GENERAL/PRELIMINARY 1. Comply with all requirements and guidelines of the SPA One Parks, Recreation Open Space and Trails Plan, Public Facilities Finance Plan, Ranch Wide Affordable Housing Plan, SPA One Affordable Housing Plan, and the Non-Renewable Energy Conservation Plan, as amended from time to time, unless specificallgmodified by the appropriate depat anent head, with the approval of the City Manager. These plans may be subject to minor modifications by the appropriate department head, with the approval of the City Manager, however, any material modifications shall be subject to approval by the City Council 2. All of the terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the Property. For purposes of this document the term "Developer" shall also mean "Applicant". 3. If any of the terms, covenants or conditions contained herein shall fail to occur or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted including issuance of building permits, deny, or further condition the subsequent approvals that are derived from the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The applicant shall be notified 10 days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City. 4. Applicant shall indemnify, protect, defend and hold the City harmless from and against any and all claims, liabilities and costs, including attorney's fees, arising from challenges to the 1 Environmental Impact Report for the Project and any or all entitlements and approvals issued by the City in connection with the Project. 5. The applicant shall comply with all applicable SPA One conditions of approval. 6. Any and all agreements that the applicant is required to enter in hereunder, shall be in a form approved by the City Attorney. 7. The terms, conditions and time limits associated with this tentative map shall be consistent with the Development Agreement approved by Ord'mance No. 2679 by the City Council on July 16, 1996 ("Development Agreement") and as amended on October 22, 1996. 8. The applicant shall comply with the terms of the Conveyance Agreement, as may be amended from time to time, adopted by Resolution No. 18416 by the City Council on October 22, 1996 ("Conveyance Agreement"). ENVIRONMENTAL 9. Prior to approval of each final "B" Map, the applicant shall implement all applicable mitigation measures identified in EIR 95-01, subsequent EIR 97-03, the CEQA Findings of Fact for this Project (on file in the City Clerk's Office) and the Mitigation Monitoring and Reporting Program (on file in the City Clerk's Office). 10. Prior to the approval of each final "B" Map, the applicant shall comply with all applicable requirements of the Phase 2 Resource Management Plan (RMP) as approved by the City Council on June 4, 1996 and as may be amended from time to time by the City. 11. Prior to the approval of each final "B" Map, the applicant shall comply with the Otay Ranch Resource Preserve Conveyance Plan. 12. The Applicant shall comply with any applicable requirements of the California Department offish and Game, the U.S. Department ofFish and Wildlife and the U.S. Army Corps of Engineers. 13. All on-site locations of vernal pools and Otay Tarplant shall be depicted on all grading plans as sensitive areas, and if to be preserved, shall be preserved in perpetuity, and shall be appropriately fenced and buffered. The locations and preservation of these resources shall be verified by a qualified biologist to the satisfaction of the Environmental Review Coordinator. The applicant shall not "take" the Otay Tarplant or disturb the vernal pools until such time as authorization for such action, if necessary, is obtained from the appropriate resource agency. 2 SPECIAL CONDITIONS OF APPROVAL 14. The following conditions of approval are based upon thc projcct having multiple Final Maps for the entire subdivision which shall be referenced hereinafter as "Final 'B' Maps". Unless otherwise specified, all conditions and code requirements listed below shall be fully completed to the City's reasonable satisfaction prior to approval of the first Final 'B' Map. 15. Prior to approval of the first final "B'map within thc tentative map, thc developer shall submit and obtain the approval of the City of a master final map ("A" Map) over thc portion of the tentative map within each ama showing "super block" lots corresponding to the units and phasing or combination of units and phasing thereof. Said "A" map shall also show open space lot dedications, the backbone street dedications and utility casements required to serve thc "super block" lots created by this "A" Map, Ail "super block" lots created by this "A' Map or parcel map shall have access to a dedicated public street. A lot line adjustment, if utilized in accordance with City standards and procedures, shall not be considered thc first "A" Map. The "A" Map may contain single family residential units. 16. In the event of a filing of a final 'B' map which requires ovcrsizing of the improvements necessary to serve other properties, said final map shall be required to install all necessary improvements to serve the project plus the necessary oversizing of facilities required to serve such other properties (in accordance with the restrictions of state law and City ordinances). DESIGN 17. Any proposed monumentation/signage shall be consistent with the SPA One Village Design Plan and shall be reviewed and approved by the Director of Planning and Building prior to approval of the appropriate final map. 18. In addition to the requirements outlined in the City of Chula Vista Landscape Manual, privately maintained slopes in excess of 25 feet in height shall be landscaped and irrigated to soften their appearance as follows: one 5-gallon or larger size tree per each 150 square feet of slope area, one 1-gallon or larger size shrub per each 100 square feet of slope area, and appropriate groundcover. Trees and shrubs shall be planted in staggered clusters to soften and vary the slope plane. Landscape and irrigation plans for private slopes shall be reviewed and approved by the Director of Planning and Building prior to approval of the appropriate final map. 19. A comprehensive wall plan indicating color, materials, height and location shall be reviewed and approved by the Director of Planning and Building prior to approval of any final "B" Map. Materials and color used shall be compatible and all wails located in comer side-yards or rear yards facing public or private streets or pedestrian connections shall be constructed of a decorative masonry and/or wrought iron material. A revised acoustical analysis indicating if view fencing, such as a combination of masonry and wrought iron, is allowable at the ends of cul-de-sacs and other lots backing up to Telegraph Canyon Road, East Palomar Street, Olympic Parkway, and Paseo Ranchero, shall be prepared prior to submittal of the wall plan 3 indicated above. If such fencing is allowable per the final acoustical analysis it shall be provided at the ends of such streets as determined by the Directors of Public Works and Planning and Building. View fencing shall be provided at the ends of all other open cul-de- sacs where a sound wall is not required. Any combination free standin~mtaining walls shall not exceed 8.5 feet in height. The applicant shall submit a detail and/or cross section of the maximum/minimum conditions for all "combination walls" which include retaining and free standing walls. Said detail shall be reviewed and approved by the Director of Planning and Building prior to the approval of the first final map. The m~tirmma height of all retaining walls shall be 2.5 feet in height when combined with freestanding walls which are six feet in height. A 2-3 foot separation shall be provided between free standing and retaining walls where the combined height would otherwise exceed 8.5 feet. 20. Prior to the approval of the first "B" map north of East Palomar Street, the applicant shall provide and comply with an acoustical analysis sound wall study which shall include measures to maintain the permissible exterior and interior noise limits for the residential units located adjacent to the MTDB San Diego Trolley LRT System alignment. The applicant shall comply with the recommendations of such study. Noise levels must not exceed thresholds in Otay Ranch SPA One, Planned Commtmity District Regulations, Section I1.3.(d and e). 21. Prior to the approval of the final 'B' map for Neighborhoods R-49A and R-56, the applicant shall submit and obtain approval of the site plan, and such approval shall be at the discretion of the Zoning Administrator. 22. The applicant shall depict on Landscape and Irrigation improvement plans, a landscape buffer between residential units and the adjacent MTDB San Diego Trolley LRT System alignment to the satisfaction of the Director of Planning and Building. The open space lots adjacent to the Trolley shall be C.F.D. maintained. 23. A minimum of thirty percent of all 60x 110 feet lots in each final map shall be provided with Hollywood driveways, and comply with the requirements of the Otay Ranch SPA One Planned Community District Regulations as may be amended from time to time. 24. The developer shall install public facilities in accordance with the Otay Ranch SPA One, Public Facilities Finance Plan (PFFP) as may be amended from time to time or as required by the City Engineer to meet threshold standards adopted by the City of Chula Vista. The City Engineer and Director of Planning and Building may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. 25. Construction of the full street width bridge connecting Barn Owl Court and Misty Creek Court shall be secured to the satisfaction of the City Engineer and City Attorney, prior to approval of the first final "B" map for Neighborhoods R-50 or R-52A, whichever occurs first. The applicant shall complete construction of the bridge prior to issuance of the first building permit for Neighborhoods R-50 or R52A, whichever occurs first. In the discretion 4 of the City Engineer, the developer shall submit an application for an encroachment permit, as to open space in and about the bridge location. STREETS, RIGHT-OF-WAY AND pUBLIC INIPROVEMENTS 26. Developer shall dedicate for public use all the public streets shown on the tentative map within the subdivision boundary. Prior to the approval of the first final map, the applicant shall enter into an agreement to guarantee the cons~uction of all street improvements as required by the PFFP, for each particular phase, as may be amended fxom time to time. The Developer shall construct the public improvements and provide security satisfactory to the City Engineer and City Attorney, as set forth in Table "A" below. The City Engineer and Director of Planning and Building may, at their discretion, modify the sequence, schedule, alignment and design of improvement construction should conditions change to warrant such a revision. TABLE A FACILITY/ AGREE TO CONSTRUCT LIMITS AND GUARANTEE STREET NAME CONSTRUCTION BY East Palomar St. Existing Improvements (in Sunbow) Per PFFP & to Pasco Ranchero Olympic Parkway Agreement Per PFFP & Olympic Pkwy. Brandywine Ave. to Pasco Ranchero Olympic Parkway Agreement Per PFFP & Olympic Pkwy. Pasco Ranchero to La Media Olympic Parkway Agreement Per PFFP & Olympic Pkwy. La Media to Palomar St. Olympic Parkway Agreement Olympic Per PFFP & Pkwy. Palomar St. to Easterly Otay Border Olympic Parkway Agreement Per PFFP & Paseo Ranchero East Palomar St. to Olympic Pkwy. Olympic Parkway Agreement Open Space Landscape All Open Space Lots in Concurrent with each Rough and Irrigation Improvements Village One West 2 Grading Permit ~ Olympic Parkway Financing and Construction Agreement approved by Council Resolution 19410. 2 For any open space lot within the project for which a rough grading permit has been issued prior to the approved Landscape and Irrigation plans for such lot, security shall be provided to the satisfaction of the Director of Planning and Building, City Engineer, and the City Attorney. 27. Prior to the approval of first final map for the project, the developer shall grant to the City full width right-of-way, as defined by the City Engineer, for East Palomar Street. In the event that eminent domain procedures must be initiated, the applicant shall fund all eminent domain proceedings, City staff time and associated expenses. 28. Secure in accordance with Section 18.16.220 of the Municipal Code, as necessary, the construction and/or construct full street improvements for all on-site and off-site streets as identified in the Otay Ranch SPA One PFFP, as may be amended from time to time deemed necessary to provide service to the subject subdivision. Said impmvemants shall include, but not be limited to, asphalt concrete pavement, base, concrete curb, gutter and sidewalk, sewer, reclaimed water and water utilities, drainage facilities, street lights, traffic signals, signs, landscaping, irrigation, fencing and fire hydrants. Street light locations shall be approved by the City Engineer. Street cross sections shall conform to the cross sections shown on the tentative map, unless otherwise conditioned or approved herein. Alt other design criteria shall comply with the current Chula Vista Design Standards, Chula Vista Street Design Standards, and the Chula Vista Subdivision Manual unless otherwise conditioned or approved herein. 29. As part of the improvement plans associated with the final "B" Map which triggers the installation of the related street improvements, install a fully activated traffic signal including interconnect wiring at the following intersections: a. East Palomar Street and Pasco Ranchero b. East Palomar Street and La Media Road c. East Palomar Street and Olympic Parkway d. Olympic Parkway and Paseo Ranchero e. Olympic Parkway and La Media Road f. East Palomar and Santa Olivia/West Santa Carina g. East Palomar and Santa Maria/East Santa Carina Install underground improvements, standards and luminaries with construction of street improvements, and install mast arms, signal heads and associated equipment as determined by the City Engineer. 30. Submit to and obtain approval by the City Engineer of striping plans for all collector or higher classification streets simultaneously with the associated improvement plans. 31. Prior to the issuance of the first rough grade permit for the project area north of East Palomar Street, the applicant shall provide preliminary design plans for the MTDB San Diego Trolley LRT System. Said preliminary design plans shall include: trolley alignment, grades, profile; street profiles at all proposed at-grade crossings; easement widths; centerline medians at all proposed at-grade crossings; improved public access at all proposed at-grade crossings. Said plans shall meet the approval of the City Engineer. Should additional right-of-way be 6 required, the applicant shall provide additional right-of-way to meet MTDB design standards. Prior to the approval of the first final "B" map of the project north of East Palomar Street, the applicant shall provide sufficient cash deposit, if any, in a sum determined by the City Engineer' to pay for those traffic control devices, enhanced signage and road way striping which are alerting motorists and pedestrians of the MTDB San Diego Trolley LRT System at all proposed at-grade crossings, not provided by MTDB. 32. The vertical profil6 for streets at all proposed at-grade crossings shall meet acceptable engineering design standards and cross the proposed MTDB San Diego Trolley LRT System alignment at a grade acceptable to MTDB. The profile must be approved by the City Engineer prior to issuance of the first rough grading permit for the project area north of East Palomar Street. 33. Design all vertical and horizontal curves and intersection sight distances to conform to the Caltrans Highway Design Manual. All streets which intersect other streets at or near horizontal or vertical curves must meet intersection design sight distance requirements in accordance with City standards. Sight visibility easements shall be granted as necessary to comply with the requirements in the Caltrans Highway Design Manual. Lighted SAG vertical curves will be permitted, with the approval of the City Engineer, at intersections per AASHTO standards. 34. Requested Waivers #3 and #4 shall have a design waiver submitted by the Engineer-of-Work to the City Engineer stating the deviations from City standards and explaining that, in their professional opinion, no safety considerations will be compromised. The waivers will be subject to approval or disapproval at the discretion of the City Engineer. 35. Requested Waivers #1 and #2, as indicated on the cover sheet of the tentative map, are hereby approved, subject to the provision that the design speed for horizontal and vertical curves on private streets shall be 25 mph in lieu of 15 mph as provided for in the Chula Vista Subdivision Manual. 36. The developer shall dedicate to the City on the 'A' map, a 35-foot wide right-of-way for the MTDB's San Diego Light Rail Transit and any additional width dedication required at the at- grade crossings to the satisfaction of the City Engineer. Said right-of-way shall be contained in lots granted to the City for open space, transportation, and other public purposes. Said lots shall not extend across street intersections unless approved by the City Engineer. The developer shall include said lots in an open space district. 37. Enter into an agreement with the City, prior to the approval of the first final map where the developer agrees to the following: a. Fund and install Chula Vista transit stop facilities within the tentative map boundary when directed by the Director of Public Works. The improvement plans for said stops shall be prepared in accordance with the transit stop detai!s described in the 7 Village Design Plans and approved by the Directors of Planning and Building and Public Works. b. Not protest the formation of any future regional benefit assessment district to finance the MTDB San Diego Trolley LRT System. 38. The applicant shall install all street trees in accordance with Section 18.28.10 of the Chula Vista Municipal Code. All street trees shall be planted in parkways, or as otherwise approved by the Director of Planning and Building. Street trees, which have been selected from the revised list of appropriate tree species described in the Village Design Plan, shall be approved by the Director 'of Planning and Building and Director of Public Works. The applicant shall provide root control methods per the requirements of the Director of Planning and Building, and provide a deep watering irrigation system for the trees. A street tree improvement plan shall be submitted for approval by the Director of Planuing and Building and the City Engineer prior to or concurrent with the second submittal of street improvement plans within the subdivision. Approval of the street tree improvement plans shall constitute final approval of the selection of street trees for the street parkways. 39. The developer shall construct sidewalks and construct pedestrian ramps on all walkways to meet "Americans with Disabilities Act" standards and as approved by the City Engineer. In the event the Federal Government adopts ADA standards for street rights-of-way which are in conflict with the standards and approvals contained herein, all such approvals conflicting with those standards shall be updated to reflect those standards. Unless otherwise required by federal law, City ADA standards may be considered vested, as determined by Federal regulations, only after construction has commenced. 40. Prior to the issuance of any rough grading permit for the Project, the applicant shall submit a study showing that all curb returns for any intersections in excess of 4% located within the permit boundaries comply with all "Americans with Disabilities Act" standards at the front and back of sidewalks. 41. The applicant shall construct two 20-foot wide, concrete (6 inch minimum depth) emergency access roads from Olympic Parkway to Mount Whitney Street in Neighborhood R-58 and from Telegraph Canyon Road to Santa Olivia between Neighborhoods R-50 and R~51B as depicted on the Tentative Map. The emergency access roads shall be secured by a bond or as otherwise approved by the City Engineer and City Attorney prior to the approval of the first final map for the project. The emergency access road shall be constructed concurrent with the first rough grading for any land within the tentative map. The cross-section of the emergency access road shall be as shown on the tentative map. Prior to the approval of the applicable rough grading permit, the applicant shall submit a full set of road improvement plans; including but not limited to: horizontal alignment, vertical profiles, intersection details, drainage appurtenances and access control, all as approved by the City Engineer and the Fire Marshal. Emergency entrances shall be provided with mechanical gates and an "Opticom" system, or some other automated system with backup and/or fail safe features acceptable to the Police and Fire Chief. 8 42. On streets where cul-de-sacs are 150 feet or less in length, the applicant shall provide a twenty-foot setback on driveways from property line to garage and sectional roll-up type garage doors except as provided for in the Planned Community District Regulations or approved by the City Engineer and the Director of Planning and Building. 43. Residential Street Condition 'A' as denoted on the cover page of the tentative map is the preferred section and shall be implemented on all residential streets, tmless otherwise approved by the City Engineer and Director of Plarming and Build'rog. Except that Santa Maria, between East Palomar Street and Santa Olivia, Santa Olivia, between East Palomar Street and Strawberry Creek, West Santa Carina between East Palomar Street and Wind River Court, and East Santa Carina, between East Palomar and Mount Whitney, shall be a Secondary Village Entry Street as defined in the Otay Ranch SPA One Plan. 44. In addition to those fire hydrants depicted on the tentative map, the applicant shall install additional fire hydrants to the satisfaction of the Fire Department as follows: a. Neighborhood R-53: Misty Creek Court, Lot #17 Stanby Spring Court, Lot #36 b. Neighborhood R-49B: Strawberry Creek Court, Lot #16 Cascade Place, Lot #73 c. Neighborhood R-50: Mount Own Court, Lot #35 d. Neighborhood R-49A: Strawberry Creek Court, Lot # 49 McCain Valley Court, Lot #7, Lot #22 e. Neighborhood R-60 Berry Creek Court, Lot #22, Lot #81 Liberty Creek Court, Lot #29 f. Neighborhood R-56 Foxtail Canyon Street, Lot # 47, Lot # 52, Autumn Hills Drive, Lot # 33, Lot # 63 Warm Springs Circle, Lot # 72 g. Neighborhood R-58 Mount Whitney Street, Lot # 21, Lot #54 Wind River Court, Lot # 97, Lot # 74 h. Neighborhood R-55 Red Granite Drive, Lot # 36 The developer may .request that the Fire Marshal in his/her sole discretion reconsider the locations of any of the above hydrants. 45. The developer shall not install privately owned water, reclaimed water, or other utilities crossing any public street. This shall include the prohibition of the installation of sleeves for 9 future construction of privately owned facilities. The City Engineer may waive this requirement if the following is accomplished: a. The developer enters into an agreement with the City where the developer agrees to the following: (i) Apply for an encroachment permit for installation of the private facilities within the public right-of-way. (ii) Maintain membership in an advance notice such as the USA Dig Alert Service. (iii) Mark out any private facilities owned by the developer whenever work is performed in the area. The terms of this agreement shall be binding upon the successors and assigns of the developer. b. Shutoff devices as determined by the City Engineer are provided at those locations where private facilities traverse public streets. 46. Prior to the approval of any improvement plan within the tentative map, submit and obtain preliminary approval for proposed street names from the Director of Planning and Building and the City Engineer. No two intersections shall have the same name. Street name suffixes shall comply with City standards. 47. In accordance with the Olympic Parkway Financing and Construction Agreement, dated April 20, 1999, and approved by Council Resolution No. 19410, the applicant shall process and obtain the approval ora Parcel Map, or similar plat or instnunent, whereupon the right- of-way for Olympic Parkway from Brandywine Avenue to SR-125 is offered for dedication to the City of Chula Vista. The alignment of Olympic Parkway shall substantially conform to the final Olympic Parkway Feasibility Report prepared by Kimley-Horn and Associates, Inc. 48. The typical cross section of Olympic Parkway including the right-of-way, regional trail, and meandering sidewalks shall conform to the final Olympic Parkway Master Landscape Plan by Estrada Land Planning, Inc. The Regional Trail shall be located on the north side of Olympic Parkway as determined by the Director of Planning and Building. 49. Prior to the issuance of any rough grading permit for the Project area, the applicant shall submit and obtain the approval ora traffic study, to the satisfaction of the City Engineer, of the adequacy of the paved street width and right-of-way of the entrances to the project area from East Palomar Street at: East Santa Carina, West Santa Carina, Santa Maria and Santa Olivia as depicted on the tentative map. The study shall address expected tralTxc volumes, available stacking distances and tuna'lng movement volumes at each of the four locations. The study shall also specifically consider the entrance to the public neighborhood park site (P- 13) from East Santa Carina north of the guarded entry cottage and the proposed access to the elementary school site (S-3), also from East Santa Carina. The study shall make specific recommendations for additional protected turn lanes at any or all of the locations. The traffic study shall demonstrate the adequacy of Santa Carina to handle school generated traffic for the school site (S-3), to the satisfaction of the City Engineer, minimum right-of-way width and location details for points of ingress/egress. The applicant shall comply with all of the study recommendations. These recommendations shall be incorporated into the design of the street improvements at these locations. GRADING AND DRAINAGE 50. Storm drain systems that collect water from private property shall be designated private on grading and drainage and/or improvement plans to the point of connection with a public system or to the point at which storm water that is collected from public street fight-of-way, public park or open space areas is first introduced into the system. Downstream from that point, the storm drain system shall be public. An encroachment permit shall be processed and approved by the City for private storm drains within the public right-of-way or within C.F.D. maintained Open Space lots. 51. Submit with grading and drainage and/or improvement plans, as applicable, hydrologic and hydraulic studies and calculations, including dry lane calculations for all public streets. Calculations shall also be provided to demonstrate the adequacy of downstream drainage structures, pipes and inlets. 52. Prior to any grading permit issuance or any final map approval within the tentative map, whichever occurs first, and which impacts off-site property, the applicant shall deliver to the City, a notarized letter of permission to grade and drain for all off-site grading including_the City of San Diego's parcels. 53. Prior to the approval of any rough grading permit for Neighborhoods R-59 and R-55, if the applicant does not secure offsite grading authority from responsible public agencies, the applicant shall submit and obtain approval from the Director of Public Works, an alternative design for a Substantial Conformity Finding. 54. Developer shall grant on the "A" map an access easement from East Palomar Street to the at-grade crossing at Santa Maria. 55. Storm drain design shall conform to the requirements of the Subdivision Manual and the Grading Ordinance as may be amended from time to time. 56. Design the storm drains and other drainage facilities to include Best Management Practices to minimize non-point source pollution, satisfactory to the City Engineer. 57. Provide a setback, as determined by the City Engineer, between the property lines of the proposed lots and the top or toe of any slope to be constructed where the proposed grading adjoins undeveloped property or property owned by others. The City Engineer will not approve the creation of any lot that does not meet the required setback. 58. All grading and pad elevations shall be within 2 feet of the grades and elevations shown on the approved tentative map or as otherwise approved by the City Engineer and Director of Planning and Building. 59. Submit a list of proposed lots with the appropriate grading plan indicating whether the structure will be located on fill, cut or a transition between the two situations unless otherwise approved by the City Engineer. 60. Grant on the appropriate final "B" map a 15 feet minimum drainage and access easement for storm drain lines located between residential units unless otherwise directed by the City Engineer. All other easements shall meet City standards for required width. 61. Provide runoff detention basins or other facilities approved by the City Engineer to reduce the quantity of runoff from the development to an amount equal to or less that the present 100-year frequency runoff. 62. Prior to approval of the first final "B" map or grading permit for land draining into the Poggi Canyon or grading permit which requires construction of the Poggi Canyon Channel, whichever occurs first, the developer shall: a. Guarantee the construction of the applicable drainage facility, unless otherwise approved by the City Engineer including a runoff detention/desilting basin and naturalized channel in Poggi Canyon. The City Engineer may approve that these facilities are constructed at a later time if the developer provides private temporary runoff detention basins or other facilities, approved by the City Engineer, which would reduce the quantity of runoff from the development to an amount equal to less than the present 100-year flow. Said temporary facilities shall comply with all the provisions of the National Pollutant Discharge Elimination System (NPDES) and the Clean Water Program. Prior to issuance of any grading permit which approves any temporary facility, the developer shall enter into an agreement with the City to guarantee the adequate operation and maintenance (O & M) of said facility. The developer shall provide security satisfactory to the City to guarantee the O & M activities, in the event said facilities are not maintained to City standards as determined by the City Engineer. The developer shall be responsible for obtaining all permits and agreements with the environmental regulatory agencies required to perform this work, except as provided for in the Olympic Parkway Financing and Construction Agreement approved by Council Resolution No. 19410. b. Prepare a maintenance program including a schedule, estimate of cost, operations manual and a financing mechanism for the maintenance of the applicable facilities. 3_2 Said program shall be subject to approval of the City Engineer, the Director of Planning and Building, and the applicable environmental agencies. c. Enter into an agreement with the City of Chula Vista wherein the parties agree to implement the maintenance program. Such agreement may include environmental agencies the City of Chula Vista deems necessary parties to such agreement. d. Enter into an agreement with the City where the developer agrees to the following: (i) Provide for the maintenance of the naturalized channel and detention basin in Poggi Canyon until such time as maintenance of such facilities is assumed by the City or an open space district. (ii) Provide for the removal of siltation in Poggi Canyon Channels (including detention basins) until all upstream grading within the development is completed and erosion protection planting is adequately established as determined by the City Engineer and Director of Planning and Building. (iii) Provide for the removal of any siltation in the Poggi Canyon Channel (including detention basins) attributable to the development for a minimum period of five years after maintenance of the facility is accepted by the City or an open space district. 63. The developer shall comply with all the provisions of the National Pollutant Discharge Elimination System (NPDES) and the Clean Water Program during and after all phases of the development process, including but not limited to: mass grading, rough grading, construction of street and landscaping improvements, and construction of dwelling units. 64. Storm drain clean outs shall not be located on slopes or in inaccessible areas for maintenance equipment. Public storm drains shall be installed as close to perpendicular to the slope contours as possible but in no case greater than 15 degrees from perpendicular to the contours. 65. Brow ditches that cross over slopes greater than 10 feet in height and steeper than 3:1 gradient shall not be allowed. Drainage shall be collected in an inlet and carried via underground storm drain to the bottom of the slope or a drain inlet connected to an underground storm drain. 66. Ensure that brow channels and ditches emanating from and/or running through City Open Space are not routed through private property and vice versa. 67. Provide a graded access (12 feet minimum width) and access easements as required by the City Engineer to all public storm drain inlet structures, including but not limited to the following: 13 a. The 8fi. by 8ft. box culvert located at the southwest comer of Pasco Ranchero and Olympic Parkway. b. The permanent detention/desiltation basin outlet structure. Improved access as determined by the City Engineer shall be provided to public drainage structures located in the rear yard of any residential lot or private open space lot. 68. Provide additional graded maintenance access roads along both sides of the proposed onsite and offsite portions of the Poggi Canyon Channel. The width of said roads shall be 12 feet unless otherwise approved by the City Engineer. The final dimensions and location of the access roads shall be as determined by the City Engineer. The maintenance access roads shall be designed to accommodate the space required for the tree planting nodes at 750 foot intervals as depicted on the Olympic Parkway Landscape Master Plan by Estrada Land Planning, Inc. 69. Provide a protective fencing system around (1) the proposed detention basin in Poggi Canyon, and (2) inlets and outlets of storm drain structures, as directed by the City Engineer. The final design and types of construction materials shall be subject to approval of the Director of Planning and Building and the City Engineer. 70. Designate all drainage facilities draining private property to the point of connection with public facilities as private. 71. Obtain a Letter of Map Revision (LOMR) from the Federal Emergency Management Agency revising the current National Flood Insurance Program maps of the downstream end of Poggi Canyon Channel east of Brandywine Avenue to reflect the effect of the proposed drainage improvements. The LOMR shall be completed prior to acceptance by the City of the proposed detention facility. 72. Obtain, prior to approval of the first final "B" Map, the approval of the Director of Public Works of any amendment necessary to make the Master Drainage plan consistent with the approved Tentative Map. 73. Prior to issuance of each grading permit for the Project, prepare and obtain approval by the City Engineer, Director of Planning and Building of an erosion and sedimentation control 74. Indicate on all affected grading plans that all walls which are to be maintained by open space districts shall be constructed entirely within open space lots dedicated to the City. 75. Unless otherwise provided by the Olympic Parkway Financing and Construction Agreement dated April 20, 1999, prior to issuance of any grading permit for any land that is contained within the Tentative Map and within the Poggi Canyon Basin, the applicant shall secure the required permits from the Army Corps of Engineers (ACOE) and the California Department 14 ofFish and Game (CDFG). No grading adjacent to the Poggi Canyon shall occur without prior consultation with the City Mitigation Monitor, and the City Engineer. 76. Prior to the issuance of the rough grad'rog permit for the project area north of East Palomar Street, the developer shall revise the existing Telegraph Canyon Detention Basin and Siltation Agreement approved by City Council Resolution No. 18746 on August 12, 1997, and any amendments thereto to include the Project area. SEWER 77. All sewer access points (manholes) shall be located at the ceuterline of streets or cul-de-sacs unless otherwise approved by the City Engineer and Director of Public Works. 78. Provide an access road with a minimum width of 12 feet to all sanitary sewer access points using such construction material as approved by the Director of Public Works. The roadway shall be designed for an H-20 wheel load or other loading as approved by the City Engineer. Sewer lines shall be installed as close to perpendicular to the slope contours as possible but in no case greater than 15 degrees from perpendicular to the contours. 79. Grant on the appropriate final "B" Map a 20 feet minimum sewer and access easement for sewer lines located between residential units unless otherwise directed by the City Engineer. All other easements shall meet City standards for required width. 80. No diversion from the natural boundaries of the Poggi Canyon Sewer Basin will be allowed, unless approved by the City. 81. Prior to the approval of the first final "B" map, the applicant shall submit a study analyzing the capacity of all sewer facilities downstream from the project area. The study shall be approved by the City Engineer and shall consider all approved land development projects and anticipated future land uses that would utilize the downstream facilities. The sewer study shall update the "Overview of Sewer Service for SPA One at the Otay Ranch Project" (SPA One Sewer Report) prepared by Wilson Engineering dated June 4, 1996. At the request of the City Engineer, the applicant shall update the Telegraph Canyon and Poggi Canyon Sewer Development Impact Fee at the developers own cost and expense. Such update shall be submitted approved by the City Council. PARKS/OPEN SPACE/WILDLIFE PRESERVATION 82. The Village One West project shall satisfy the requirements of the Park Land Dedication Ordinance (PLDO). The ordinance establishes a requirement that the project provide three (3) acres of local parks and related improvements per 1,000 residents. Local parks are comprised of community parks and neighborhood parks. Two thirds (2 acres/I,000 residents) of local park requirement shall be satisfied through the provision of turn-key neighborhood park within Village One West. The remaining requirement (1 acre/I,000 15 residents) shall be satisfied through the payment of fees, dedication of land, or a combination thereof. 83. a. The applicant shall grant to the City, at the first "A" map, an irrevocable offer of dedication for a 5.1 net acre P-13 park site with a minimum east/west dimension of 360 feet at a 2% grade. Prior to the approval of the first final map, the applicant shall submit a construction schedule for Park P-13 to be approved by the Director of Planning and Building. The applicant shall commence construction of the park by the issuance of the 400t~ building permit in the project and complete the park within nine months of commencement of construction. The term "complete construction" shall mean park construction has been completed according to the City approved construction plans and accepted by the Director of Planning and Building. Furthermore, "complete construction" shall mean prior to and shall not include the City's established maintenance period required prior to acceptance by the City for public use. b. Developer agrees that at no time shall there be a deficit in "conslmcted neighborhood park" based upon 2 acres/1,000 residents. Developer further agrees that the City may withhold the issuance of building permits for the Project, should said deficit occur. For proposes of this paragraph the term "constructed neighborhood park" shall mean the construction of the park has been completed and accepted by the City as being in compliance with the Park Master Plan, but prior to the City's required mandatory maintenance period. This is not intended to supersede any of the City's maintenance guarantee requirements. 84. All local parks shall be designed and constructed consistent with the provisions of the Chula Vista Landscape Manual and related Planning and Building Department specifications and policies. 85. The applicant shall enter into a Chula Vista standard three party agreement with the City of Chula Vista and design consultant(s), for the design of all aspects of the neighborhood and community parks in accordance with the Master Plan whereby the Planning and Building Director selects the design consultant(s), to be funded by the applicant. The cost for the consultant(s) shall be established and said amount deposited into an account prior to any work being initiated by the consultant. The agreement shall include, but not be limited to, master planning, design development phase, construction document phase and construction supervision phase for the park sites. The construction documents shall reflect the then current requirements of the City's Code/Landscape Manual requirements. 86. The Applicant shall receive surplus park credit to the extent the combined park credit for neighborhood park, and the community park exceeds the 3 acres per 1,000 residents standard. This surplus park credit may be utilized by the Applicant to satisfy local park requirements in future SPA's located within the City's corporate boundaries. 87. The applicant shall pay PAD fees for park P-13 development improvements to the City in accordance with the PLDO. The Applicant and the City shall mutually agree on a PAD fee reimbursement schedule in coordination with the adopted construction schedule for Park P- 13. Milestones will be established for partial reimbursement during the construction process. The City may withhold up to 20% of the park construction funds until the park has been completed and accepted. Reimbursement of PAD fees shall include the interest accrued by the City on said PAD fees minus the City's cost of processing and administering this reimbursement program. 88. Community Parks: a. Prior to the approval of each final "B" Map the Applicant shall pay PAD fees~ dedicate land, or a combination thereof, for the Community Park based upon a formula of 1 acre per 1,000 residents, until such time as a mm-key facility has been constructed by the applicant and accepted by the Director of Planning and Building. Said mm-key facility is subject to the reimbursement mechanism set forth below. b. The first Otay Ranch Community Park, to satisfy Village One West demand, shall be located in Village 2 as identified in the GDP. c. Notwithstanding that the community park requirement (1 acre/I,000 residents) shall be satisfied through the payment of PAD fees, dedication of land, or a combination thereof, the Applicant shall commence construction of the first phase of the Community Park prior to issuance of the building permit for the 2,650th dwelling unit within SPA One. The first phase of construction shall include, but not be limited to, improvements such as a graded site with utilities provided to the property line and an all weather access road acceptable to the Fire Department. d. The Applicant shall commence construction of the second phase of the Community Park prior to issuance of the building permit for the 3,000th dwelling trait within SPA One. Second phase improvements shall include recreational amenities as identified in the Park Master Plan. e. The Corranunity Park shall be ready for acceptance by the Director of Planning and Building for maintenance prior to issuance of the building permit for the 3,900th dwelling unit within SPA One. f. If the Director of Planning and Building determines that it is not feasible for the Applicant to commence construction of the first phase improvements of the community park prior to issuance of the building permit for the 2,650th unit within SPA One, then the Director of Plaaning and Building shall have the option to utilize the PAD fees for said improvements, or to constmct another park facility, east of the 1-805 Freeway within an acceptable service radius of SPA One, as set forth in the GDP. g. The Applicant shall provide a maintenance period of 9-12 months in accordance with the City of Chula Vista Planning and Building Department policy. h. The Applicant shall receive reimbursement of PAD fees, proportionate to what has been constructed, excluding the cost of construction of the all weather access road, for the community park should they deliver a mm-key facility to the City in accordance with the Community Park Master Plan, subject to the approval of the Director of Planning and Building. 89. Trails/Open Space: a. All trails shall be bonded/secured and constructed with the approved rough grading, and connect to adjoining existing and/or proposed trails in neighboring development projects, as determined by the Director of Planning and Building. b. The applicant shall construct the Regional Trail on the north side of Poggi Canyon (Olympic Parkway) for the entire length of Olympic Parkway in Village One, and shall be designed to incorporate the Olympic Parkway Landscape Master Plan by Estrada Land Planning, Inc. as approved by the City and as amended from time to time, including the "tree planting nodes" as specified in the Olympic Parkway Landscape Master Plan. The Regional Trail shall meander away from the curb as much as possible avoiding the "tree planting nodes". If retaining walls are necessary, they should be kept to a minimum and/or ifa grading solution can be found, retaining walls will not be used to gain additional space for the street corridor. The retaining walls are to be located and detailed on the Grading Plans for Olympic Parkway and/or the Poggi Canyon Drainage Channel, and approved by the Directors of Planning and Building and Public Works. Slopes gradients may be increased to the maximum permitted in the grading ordinance in limited locations to accommodate the "tree planting nodes" and maintenance access ways. Landform grading policies shall be observed. Ifa combination of low retaining walls and modified landform grading cannot accommodate "tree planting nodes" and maintenance access areas, the top of slope shall be adjusted as necessary. Prior to the installation of the regional trail, install a fence along those portions of the proposed maintenance access roads of the Poggi Canyon Channel, which are proposed to be incorporated into the Regional Trail System. The fence shall be erected only at those locations where its installation will not interfere with the normal channel maintenance. The specific locations where the fence will be allowed and the fence details shall be as determined by the City Engineer and Director of Planning and Building. c. The maximum gradient for the connector trails located in open space lots #27 and #34 shall be 10%. Steeper grades of up to 12% for runs of up to 50 feet may be permitted subject to the approval of the Director of Planning and Building. 3_8 d. The graded section upon which the connecting trails are constructed shall be 10 feet in width. Six feet shall be provided for the trail bed, with a 2 foot graded shoulder on either side. All trail portions which contain sewer easements shall be constructed to meet H-20 loading, and shall be 12 feet wide. Trail construction materials shall be approved by the Directors of Public Works and Pla~nlng and Building. e. If the two trail connections located in open space lot #27 adjacent to Telegraph Canyon Road, and in open space lot #34 adjacent to Olympic Parkway, are located behind attended entry cottages, adequate public signage and direction shall be provided by the applicant to the satisfaction of the Director of Planning and Building, to encourage public access for pedestrians to enter through or adjacent to the attended entry areas to access the public trail connections. f. Applicant shall provide public pedestrian, bicycle, cart ingress and egress easements upon over and across Santa Maria, Tenaya Lake Place, Liberty Creek Court, Berry Creek Court, and East Santa Carina and shall install appropriate signage indicating location of trail connections, handicap access, and bikeway locations to the Regional Trail, and shall be approved by the Director of Planning and Building prior to the approval of the first final "B" map for Village One West. Signage shall be installed upon the request of the Director of Planning and Building. g. Prior to the installation of the regional trail, install a fence along those portions of the proposed maintenance access roads of the Poggi Canyon Channel, which are proposed to be incorporated into the Regional Trail System. The fence shall be erected only at those locations where its installation will not interfere with the normal channel maintenance. The specific locations where the fence will be allowed and the fence details shall be as determined by the City Engineer and Director of Planning and Building. OPEN SPACE/ASSESSMENTS 90. Prior to the approval of the first final "B" Map, the developer shall: a. Submit and obtain approval of the Village One West Maintenance Responsibility Map from the Director of Planning and Building which shall include delineation of private and public streets. b. Submit evidence, acceptable to the City Engineer and the Director of Planning and Building prior to approval of the first "B" Map of the formation of a Master Homeowner's Association (MHOA), or another financial mechanism acceptable to the City Manager. The MHOA shall be responsible for the maintenance of those landscaping improvements that are not to be included in the proposed Open Space District. The City Engineer and the Director of Planning and Building may require that some of those improvements shall be maintained by the Open Space District. 19 The £mal determination ofwkich improvements are to be included in the Open Space District and those to be maintained by the MHOA shall be made during the Open Space District Proceedings. The MHOA shall be structured to allow annexation of future tentative map areas in the event the City Engineer and Director of Plannlng and Building require such annexation of future tentative map areas. The MHOA formation documents shall be approved by the City Attorney. c. Submit and obtain approval of the City Engineer and the Director of Planning and Building ora list of all Otay Ranch SPA One and MHOA facilities and other items to be maintained by the proposed district. Separate lists shall be submitted for the improvements and'facilities to be maintained by the Open Space District and those to be maintained by a.Master Homeowner's Association. Include a description, quantity and cost per year for the perpetual maintenance of said improvements. These lists shall include but are not limited to the following facilities and improvements: (i) All facilities located on open space lots to include but not be limited to: walls, fences, water fountains, lighting structures, paths, Walls, access roads, drainage structures and landscaping. Each open space lot shall also be broken down by the number of acres off 1) turf, 2) irrigated, and 3) non- irrigated open space to aid in the estimation of a maintenance budget thereof. (ii) Medians and parkways along Olympic Parkway, Paseo Ranchero, East Palomar Street, (onsite and offsite) and all other street parkways proposed for maintenance by the open space district or Homeowners' Association. (iii) The proportional share of the proposed detention basin and naturalized channel in Poggi Canyon. This includes but is not limited to the cost of maintenance and all cost to comply with the Department offish and Game and the Corps of Engineers permit requirements. (iv) The proportional share of the maintenance of the median and parkways along that portion of Telegraph Canyon Road adjoining the development as determined by the City Engineer. 91. Offer for dedication in fee interest to the City on the first "A" map, all numbered open space lots shown on the tentative map. Execute and record an irrevocable offer of dedication of fee interest for each of the lots to be maintained by the City through the open space district. 92. Prior to the approval of the first "A" map, the developer shall request the formation of an Open Space District. This district formation shall be submitted to the City Council for consideration prior to approval of the first final "B" map. Maintenance of the open space improvements shall be accomplished by the developer for a minimum period of one year or until such time as accepted into the open space district by the Director of Planning and Building. If Council does not approve the open space district formation, some other financing mechanism such as homeowners association shall be identified and submitted to 2O the City Council for consideration prior to approval of the first final "B" map. Prior to the approval of the first final map, developer shall submit an initial deposit of $35,000 to begin the process of formation of the open space district. All costs of formation and other costs associated with the processing of the open space relating to this project shall be borne by the developer. Provide all the necessary information and materials (e.g., exhibits, diagrams, etc.) as determined by the City Engineer to prepare the engineer's report for the proposed open space district. 93. The applicant shall agree to create a Master Homeowner's Association ("MHOA") to own and maintain in a professional manner open space areas, medians, and parkways not maintained by the Community Facility District or the City (referred to collectively as "open space areas"). Developer shall complete the formation of the IvIHOA prior the first final "B" map. The MHOA shall be structured to allow annexation of future tentative map areas in the event the City Engineer and Director of Planning require such annexation of future tentative map areas. On or before 60 days from the date of Council approval of this tentative map, the developer shall submit for City's approval the CC&R's, grant of easements and maintenance standards and responsibility of the MHOA's for the Open Space Areas within the Project area. Developer shall acknowledges that the MHOA's maintenance of public open space, trails, etc. may expose the City to liability. Developer agrees to establish a MHOA that will hold the City harmless from any negligence of the MHOA in the maintenance of such areas. 94. Prior to the approval of each Final "B" Map, Declaration of Covenants, Conditions, and Restrictions (CC&R's) shall be submitted and approved by the City Engineer. The CC&R's shall include the following obligations of the Master Homeowners Association: a. Maintain all the facilities and improvements within the open space lots offered for dedication to the City until acceptance of the open space lots for maintenance by the open space district. b. A requirement that the MHOA shall maintain comprehensive general liability insurance against liability incident to ownership or use of the following areas: i. open space lots offered for dedication to the City until acceptance by the City, ii. all open space lots that shall remain private, iii. other Master Association property. c. Maintain the public street City right-of-way between East Palomar Street and the attended entry cottage on East Santa Carina. d. Before any revisions to provisions of the CC&R's that may particularly affect the City can become effective, said revisions shall be approved by the City. The MHOA shall not seek approval from the City of said revisions without the prior consent of 100 percent of the holders of first mortgages or property owners within the MHOA. e. The MHOA shall indemnify and hold the City harmless from any claims, demands, causes of action liability or loss related to or arising from the maintenance activities of the MHOA. f. The MHOA shall not seek to be released by the City from the maintenance obligations described herein without the prior consent of the City and 100 percent of the holders of first mortgages or property owners within the MHOA. g. The MHOA is reqt~ired to procure and maintain a policy of comprehensive general liability insurance written on a per occurrence basis in an mount not less than one million dollars combined single limit. The policy shall be acceptable to the City and name the City as additionally insured. h. The CC&R's shall incorporate restrictions for each lot adjoining open space lots containing walls maintained by the open space district to ensure that the property owners know that the walls may not be modified or supplemented nor may they encroach on City property. i. The CC&R's shall include provisions assuring maintenance of all streets, driveways, drainage and sewage systems which are private. j. The CC&R's shall include provisions assuring maintenance of the striping, signage, and legends located at both MTDB San Diego LRT Trolley System at-grade crossings within the project which are not maintained by MTDB. k. The CC&R's shall include provisions assuring MHOA membership in an advance notice such as the USA Dig Alert Service in perpetuity. 1. The CC&R's shall include provisions that provide the City has the right to enforce the CC&R provisions same as any owner in the project. m. The CC&R provisions setting forth restrictions in these Tentative map conditions may not be revised at any time without prior written permission of the City. n. The MHOA shall not dedicate or convey for public streets, land used for private streets without approval of 100% of all the HOA members or holder of first mortgages within the MHOA. 95. Future property owners shall be notified during escrow, by a document to be initialed by the owners, of the maintenance responsibilities of the MHOA and their estimated annual cost. Developer shall submit the document and obtain the approval of the City Engineer and Director of Planning and Building prior to distribution through escrow. 22 96. Grade a level, clear area at least three feet wide (face of wall to top of slope), along the length of any wall abutting an open space district lot, as measured from face-of-wall to beginning of slope. Said area shall be as approved by the City Engineer and the Director of Planning and Building. 97. Ensure that all buyers of lots adjoining open space lots containing walls maintained by the open space district sign a statement, when purchasing their homes, stipulating that they are aware that the walls are on City property and that they shall not modify or supplement the wall or encroach onto City property. These restrictions shall also be incorporated in the CC&R's for each lot. 98. The developer agrees to not protest formation or inclusion in a maintenance district or zone for the maintenance of landscaped medians and scenic corridors along streets within or adjacent to the subject subdivision. 99. The developer shall extend open space lot #27 to meet Wildwood Court to provide a 12-foot wide access for maintenance of the open space. 100. Prior to issuance of any grading permit which includes Landscaping and hxigation (L&I) improvements to be installed in an open space lot to be maintained by the open space district, the developer shall place a cash deposit with the City which will guarantee the maintenance of the L&I improvements until the City accepts said improvements. In the event the improvements are not maintained to City standards as determined by the City Engineer and the Director of Planning and Building, the deposit shall be used to perform the maintenance. The amount of the deposit shall be equivalent to the estimated cost of maintaining the open space lots to City standards for a period of six months as determined by the City Engineer. Any unused portion of said deposit shall be incorporated into the open space district's reserve at such time as the maintenance of the open space lot is assumed by the open space district. WATER 101. Provide to the City a letter from Otay Municipal Water District indicating that the assessments/bonded indebtedness for all parcels dedicated or granted in fee to the City have been paid or that no assessments exist on the parcel(s). 102. Present verification to the City Engineer in the form ora letter from Otay Water District that the subdivision will be provided adequate water service and long term water storage facilities. 103. A rough grading permit shall not be issued nor any final map for the Project approved unless all of the following occurs: a. The applicant shall enter into an agreement with the City of San Diego to relocate that portion of Otay 2nd Pipeline ("Pipeline") within the boundaries of Village One 23 West. The agreement shall contain provisions which demonstrate to the satisfaction of the City of Chula Vista City Engineer and the Director of Plannlng and Building that: 1) City of San Diego ownership of the Pipeline property located within Village One West will be transferred to the applicant, 2) the pipeline will be relocated, 3) such relocation, in the opinion of the City of Chula Vista City Engineer, will not adversely affect City of Chula Vista easements and right-of-ways. The agreement shall contain specific_time limits for performance of each of the principle provisions of the agreement which shall be subject to the approval of the City of Chula Vista. Any permit required for the Project or f'mal map approvals will be withheld by the City of Chula Vista in the event of non-performance of any of the agreement's provisions within the time limits. Concurrent with the execution of the City of San Diego agreement, the applicant shall submit and obtain approval by the both the City of San Diego and the City of Chula Vista City Engineer of a horizontal and vertical alignment study for the Pipeline relocation; and b. If the Director of Planning and Building and the City Engineer determine, in their sole discretion, that the proposed relocation of the Pipeline adversely impacts the approved tentative map design, the applicant shall file and obtain the City of Chula Vista's approval of a revised tentative map prior to the issuance of a grading permit for the Project. Such revised tentative map may require the substantial redesign of the Project, including the elimination of buildable lots; or c. If the Director of Planning and Building and the City Engineer determine, in their sole discretion, that the horizontal and vertical alignment is infeasible, relative to its impacts on public facilities, then the applicant shall file and obtain the City of Chula Vista's approval of a revised tentative map prior to the issuance of a grading permit for the Project. Such revised tentative map shall fully mitigate any impacts on public facilities and may require the substantial redesign of the Project, including the elimination of buildable lots. 104. Should the developer and City of San Diego not enter into an agreement for the relocation of the Otay 2nd Pipeline, a rough grading permit shall not be issued nor a final map approved unless the applicant files and obtains the City of Chula Vista's approval of a revised tentative map which depicts the City of San Diego Pipeline property as out-parcels and removes all lotting from within these parcels. 105. Prior to the issuance of any rough grading permit for the Project, the applicant shall demonstrate, to the satisfaction of the City Engineer, that sufficient space will remain available for a parallel 12-inch sewer line and reclaimed water line in or adjacent to Telegraph Canyon Road. EASEMENTS 106. Grant to the City a 10' wide easement for general utility purposes along public street frontage of all open space lots offered for dedication to the City unless otherwise approved by the City 24 Engineer. Ensure that sufficient room is available for street tree planting when locating utilities within this easement. 107. Indicate on the appropriate "B" Map a reservation of easements to the future Homeowners Association for private storm drain, if any, within open space lots as directed by the City Engineer. Obtain, prior to approval of any final "B" Map, all off-site right-of-way necessary for the installation ofthe required improvements for that subdivision thereto. The developer shall also provide easements for all on-site and off-site public drainage facilities, sewers, maintenance roads, and any other public facilities necessary to provide service to the subject subdivision. 108. Developer shall provide on the "A" Map a 24-foot access easement from the end of Eagle Ridge Place to the northeast portion of APN#641-030-03. Said easement shall not be emergency as depicted on the Tentative Map. Said easement shall be full street width on Eagle Ridge Place, Misty Creek Street, and Santa Maria to East Palomar Street. 109. Developer shall provide on the "A" Map a 24-foot access easement(s) from APN#641-060- 020 and APN#641-060-030 to East Palomar Street. Said easement(s) shall not be emergency as depicted on the Tentative Map. Said easement shall meet City standards to the satisfaction of the City Engineer. 110. The developer shall notify the City at least 60 days prior to consideration ofthe final map by City if any off-site right-of-way cannot be obtained as required by the Conditions of approval. (Only off-site right-of-way or easements affected by Section 66462.5 of the Subdivision Map Act are covered by this condition.) A~er said notification; the developer shall: a. Pay the full cost of acquiring off-site right-of-way and/or easements required by the Conditions of Approval of the tentative map. b. Deposit with the City the estimated cost of acquiring said right-of-way and/or easements. Said estimate to be approved by the City Engineer. c. Have all easements and/or right-of-way documents and plats prepared and appraisals complete which are necessary to commence condemnation proceedings as determined by the City Attorney. d. Request that the City use its powers of Eminent Domain to acquire right-of-way, easements or licenses needed for off-site improvements or work related to the final map. The developers shall pay all costs, both direct and indirect incurred in said acquisition. The requirements of a, b, and c above shall be accomplished prior to the approval of the first Final "B" Map. 25 11 I. Grant easements to subsequent owners pursuant to Section 18.20.150 of the City Code on any final map that proposes private utilities or drainage facilities crossing property lines as directed by the City Engineer. 112. Grant to City on the appropriate final "B" Map two foot access easements along the rear and side property line of lots adjoining walls to be maintained by the open space district. The locations of these easements shall be as required by the Director of Planning and Building and the City Engineer to provide adequate access for maintenance of said walls. 113. Storm drain easements shall be private unless the storm drain systems therein are public. 114. Where a private storm drain easement will parallel a public sewer easement, the easements shall be delineated separately on the final map and on the grading and improvement plans. If any portion of the easements will overlap one another, the City shall have a superior right to the common portion of the easements. 115. Prior to the approval of each final map, the City Engineer may require either the removal or the subordination of any easement which may unreasonably interfere with the full and complete exercise of any required public easement or right-of-way. AGREEMENTS/FINANCIAL 116. Enter into a supplemental agreement with the City, prior to approval of each final "B" Map, where the developer agrees to the following: a. That the City may withhold building permits for the subject subdivision if any one of the following occur: (i) Regional development threshold limits set by the adopted East Chula Vista Transportation Phasing Plan have been reached. (ii) Traffic volumes, levels of service, public utilities and/or services exceed the threshold standards in the then effective Growth Management Ordinance. (iii) The applicant does not comply with the terms of the Reserve Fund Program. b. That the City may withhold building permits for any of the phases of development identified in the Public Facility Finance Plan (PFFP) for Otay Ranch SPA One if the required facilities, as identified in the PFFP or as may be amended from time to time, have not been completed. c. Defend, indemnify, and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees to attack, set aside, void or annul any approval by the City, 26 includ'mg approval by its Planning Commission, City Council or any approval by its agents, officers, or employees with regard to this subdivision provided the City promptly notifies the subdivider of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. d. Hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting from this project. e. Ensure that all franchised cable television companies ("Cable Company") are permitted equal opportunity to place conduit and provide cable television service to each lot within the project area. Developer agrees that the City of Chula Vista may grant access to cable television companies franchised by the City of Chula Vista to place conduit within the City's easement situated within the Project. Developer shall restrict access to the conduit to only those franchised cable television companies who are, and remain in compliance with, all of the terms and conditions of the franchise and which are in further compliance with all other roles, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be issued by the City of Chula Vista. f. That the City may withhold the issuance of building permits for the Project, should the Developer be determined by the City to be in breach of any of the terms of the Tentative Map Conditions or any Supplemental Agreement. The City shall provide the Developer of notice of such determination and allow the Developer reasonable time to cure said breach. 117. Enter into an supplemental agreement with the City prior to approval of the first final "B" Map, where the developer agrees to the following: a. Participate, on a fair share basis, in any deficiency plan or financial program adopted by SANDAG to comply with the Congestion Management Program (CMP). b. To not protest the formation of any future regional impact fee program or facilities benefit district to finance the construction of regional facilities. 118. Prior to the approval of the first final "B" map, the applicant shall enter into an agreement with the City for the maintenance of City property by the Homeowner's Association. 119. The applicant shall comply with all previous Agreements as they pertain to the tentative map. SCHOOLS 120. The Applicant shall deliver to the Swcetwatcr Union High School District a 50-net usable acre graded high school site including utilities provided to the site and an all weather access road acceptable to the District prior to issuance of the 1,400z building permit (504 students) within SPA One. The all weather access road shall also b~ acceptable to the Fire 27 Department. This schedule is subject to modification by the School District as based on District facility needs. 121. The applicant shall deliver to the Chula Vista Elementary School District, a graded elementary school site including utilities provided to the site and an all weather access road acceptable to the District, located west of Pasco Ranchero (S-3), prior to issuance of the 4,500th residential building permit ( 1,350 students) within SPA One. The all weather access road shall also be acceptable to the Fire Department. This schedule is subject to modification by the School District as based on District facility needs. MISCELLANEOUS 122. Submit copies of final maps, grading and improvement plans in a digital format such as (DX]?) graphic file prior to approval of each Final Map. Provide computer aided design (CAD) copy of all final maps based on accurate coordinate geometry calculations and submit thc information in accordance with thc City Guidelines for Digital Submittal in duplicate on media acceptable to thc City Engineer prior to the approval of each final map. 123. Tie the boundary of the subdivision to the California System-Zone VI (1983). 124. Pursuant to the provisions of the Growth Management Ordinance (Section 19.09 of the CVMC) and thc Otay Ranch General Development Plan (GDP), thc Applicant shall complete the following: (1) Fund thc preparation of an annual report monitoring the development of the community of Otay Ranch. The annual monitoring report will analyze the supply of, and demand for, public facilities and services governed by the threshold standards. An annual review shall conunence following thc first fiscal year in which residential occupancy occurs and is to bc completed during thc second quarter of thc following fiscal year. Thc annual report shall adhere to those guidelines noted on page 353, Section D of the GDP/SRP; and (2) Prepare a five year development phasing forecast identifying targeted submittal dates for future discretionary applications (SPA's and tentative maps), projected construction dates, corresponding public facility needs per the adopted threshold standards, and identifying financing options for necessary facilities. 125. Thc owners of each Village shall bc responsible for retaining a project manager to coordinate thc processing of discretionary permit applications originating from the private sector and submitted to thc City of Chula Vista. Thc project manager shall establish a formal submittal package required of each developer to ensure a high standard of design and to ensure consistency with standards and policies identified in the adopted SPA Plan. Thc project manager shall have a well rounded educational background and experience, including but not limited to land usc planning and architecture. 126. If developer desires to do certain work on the property aider approval of the tentative map but prior to recordation of thc applicable final "B" Map, they may do so by obtaining the required approvals and permits from the City. The permits can be approved or denied by the City in accordance with the City's Municipal Code, regulations and policies. Said permits do not constitute a guarantee that subsequent submittals (i.e., final "B" Map and improvement plans) will be approved. All work performed by the developer prior to approval of the applicable "B" Map shall be at the developers own risk. Prior to permit issuance, the developer shall acknowledge in writing that subsequent submittals (i.e., final "B" Map and improvement plans) may require extensive changes, at developers cost, to work done under such early permit. Prior to the issuance ora permit, the developer shall post a bond or other security acceptable to the City in an amount determined by the City to guarantee the rehabilitation of the land if the applicable final "B" Map does not record. 127. Future property owner within 200-feet of the centerline of the MTDB San Diego Trolley LRT System shall be notified during escrow by a document to be initialed by the owners, that an acoustical analysis for the Trolley was prepared and will be made available for the owners review. This disclosure document shall be submitted prior to approval of the first final "B" map for the project for approval by the City Engineer and the Director of Planning and Building. PHASING 128. If the applicant modifies the SPA One approved phasing plan, the applicant shall submit to the City a revised phasing plan for review and approval prior to approval of the first final "B' Map. The PFFP shall be revised where necessary to reflect the revised phasing plan. 129. If phasing is proposed within an individual map or through multiple final maps, the developer shall submit and obtain approval for a development phasing plan by the City Engineer and Director of Planning and Building prior to approval of any final map. Improvements, facilities and dedications to be provided with each phase or unit of development shall be as determined by the City Engineer and Director of Planning and Building. The City reserves the right to require said improvements, facilities and/or dedications as necessary to provide adequate circulation and to meet the requirements of police and fire departments. The City Engineer and Director of Plauning and Building may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. The developer agrees that the City Engineer may change the timing of construction of the public facilities. 130. The Public Facility Finance Plan or revisions thereto shall be adhered to for the SPA and tentative map with improvements installed in accordance with said plan or as required to meet threshold standards adopted by the City of Chula Vista. The PFFP identifies a facility phasing plan based upon a set of assumptions concerning the location and rate of development within and outside of the project area. Throughout the build-out of SPA One, actual development may differ from the assumptions contained in the PFFP. Neither the PFFP nor any other SPA One document grant the Applicant an entitlement to develop as assumed in the PFFP, or limit the SPA One's facility improvement requirements to those identified in the PFFP. Compliance with the City of Chula Vista threshold standards, based on actual development patterns and updated forecasts in reliance on changing entitlements and market conditions, shall govern SPA One development patterns and the facility 29 improvement requirements to serve such development. In addition, the sequence in which improvements are constructed shall correspond to any future Eastern Chula Vista Transportation Phasing Plan or amendment to the Growth Management Program and Ordinance adopted by the City. The City Engineer may modify the sequence of improvement construction should conditions change to warrant such a revision. The Otay Ranch SPA One PFFP, at the Applicant's expense and subject to a Reimbursement Agreement, shall be updated no later than six (6) months after the approval of a PFFP for the EastLake III GDP Area, and the conclusions of such update, including without limitation, the nature, sizing, extent and farting for the construction of public facilities caused by SPA One, shall become a condition for all subsequent SPA One entitlements, including tentative and final maps. Developer agrees that the City Engineer may change the timing of construction of the public facilities CODE REQUIREMENTS 131. Comply with all applicable sections of the Chula Vista Municipal Code. Preparation of the Final Map and all plans shall be in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual. 132. Underground all utilities within the subdivision in accordance with Municipal Code requirements. 133. Pay the following fees in accordance with the City Code and Council Policy: a. The Transportation and Public Facilities Development Impact Fees. b. Signal Participation Fees. c. All applicable sewer fees, including but not limited to_sewer connection fees. d. Interim SR-125 impact fee. e. Telegraph Canyon Sewer Basin DIF. f. Poggi Canyon Sewer Basin DIF as may be adopted by the City in the future. g. Telegraph Canyon Basin Drainage DIF. h. Reimbursement District for Telegraph Canyon Road Phase 2 Undergrounding. i. Otay Ranch Reserve Fund fee. Pay the amount of said fees in effect at the time of issuance of building permits. 30 134. Comply with all relevant Federal, State, and Local regulations, including the Clean Water Act. The developer shall be responsible for providing all required testing and documentation to demonstrate said compliance as. required by the City Engineer. 135. Ensure that prospective purchasers sign a "Notice of Special Taxes and Assessments" pursuant to Municipal Code Section 5.46.020 regarding projected taxes and assessments. Submit the disclosure form for approval by the City Engineer prior to Final Map approval. 136. Comply with Council Policy No. 570-03 if pump stations for sewer purposes are proposed. 137. Comply with Council Policy No. 522-02 regarding maintenance ofnaturai channels within open spaces. 138. The applicant shall comply with all aspects of the City of Chula Vista Landscape Manual. 139. All proposed development shall be consistent with the Otay Ranch SPA One Planned Community District Regulations. 140. The Applicant shall comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management) as may be amended from time to time by the City. Said chapter includes but is not limited to: threshold standards (19.09.04), public facilities finance plan implementation (19.09.090), and public facilities finance plan amendment procedures (19.09.100). The applicant acknowledges that the City is presently in the process of amending its Growth Management Ordinance to add a proposed Section 19.09.105, to establish provisions necessary to ensure compliance with adopted threshold standards (particularly traffic) prior to construction of State Route 125. Said provisions will require the demonstration, to the satisfaction of the City Engineer, of sufficient street system capacity to accommodate a proposed development as a prerequisite to final map approval for that development, and the applicant hereby agrees to comply with adopted amendments to the Growth Management Ordinance. 141. Upon submittal of building plans for small lot single family (5,000 square feet or less as defined in the City of Chula Vista Design Manual) residential development, plans shall clearly indicate that 750 square feet of private open space will be provided within the subdivision. 142. Development of the subdivision shall comply with all applicable regulations established by the United States Environmental Protection Agency (USEPA) as set forth in the National Pollutant Discharge Elimination System (N.P.D.E.S.) permit requirements for urban runoff and storm water discharge and any regulations adopted by the City of Chula Vista pursuant to the N.P.D.E.S. regulations or requirements. Further, the applicant shall file notice of intent with the State Water Resources Control Board to obtain coverage under the N.P.D.E.S. General Permit for Storm Water Discharges Associated with Construction Activity and shall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the 3~_ commencement of grading activities. The SWPPP shall include both construction and post construction pollution prevention and pollution control measures and shall identify funding mechanisms for post construction control measures. GUARDED AREAS 143. The following locations as proposed by the applicant are authorized for guarded entrances: Santa Olivia, Santa Mafia, East Santa Carina and West Santa Carina. 144. Guarded entrances shall not have physical barriers. Guarded entrances shall be staffed from dusk until dawn, unless' the MHOA or the applicant determines it is economically impractical. Physical barriers shall be prohibited at the entrances to guarded areas unless specifically approved by City Council. 145. Parks located within guarded areas shall not receive park credit. 146. All streets within guarded areas shall be designated as private. Design of said streets shall meet the City standards for public streets unless otherwise approved by the City Engineer. Private street cross sections shall conform to those shown on the tentative map. 147. All private streets within Final "B' Maps shall be included in separate lots. The applicant shall provide a certificate granting to the City a public utility easement over the entire private street lots on the appropriate Final "B" Map. All private streets shall be owned as an equal and undivided interest by each subsequent property within the subdivision. 148. Guarded entrances shall: a. Require approval by the City Engineer and the Director of Planning and Building. b. Provide sufficient room on the private roadway to queue without interrupting traffic on public streets. c. Provide a turn-around. The size and location of said turn-around shall be approved by the City Engineer. d. Provide a clearly delineated border between public and private streets through the use of distinctive pavements. e. Provide a dedicated parking space for the gate attendant to be shown on appropriate grading and/or improvement plans. f. Be equipped with a video camera to record entering and exiting vehicles. 149. Establish Homeowners Ass.ociations (HOA) to provide for the maintenance of private open space lots, slope areas, landscape and irrigation and walls within each subdivision prior to the 32 approval of the associated final "B" maps. Submit and obtain approval by the Director of Planning and Building and the City Engineer of the proposed CC&R's for each subdivision prior to the approval of the corresponding final map. 150. The CC&R's shall prohibit "speed bumps" on private streets. The CC&R's shall also include language which states that any proposal by the HOA to allow "speed bumps" in the future shall require prior written approval of 100% of all the Homeowners Association members. 151. Prior to approval of any "B" Map proposing private streets, the applicant shall initiate and complete the process enabling the City to enfome the California Vehicle Code on said private streets. 152. The MHOA shall be responsible for the maintenance and operation of all facilities within the common areas and streets behind the guarded entrance. The facilities to be maintained include, but are not limited to: pavements, sidewalks, street trees, street lights including power supply, street sweeping, private drainage facilities and landscaping of private common areas. The only facilities to be maintained by the City are mainline sewers and public concrete drainage facilities (i.e., pipes, inlets, clean-outs and catch basins). ALTERNATIVE MAP 153. The Alternative Out Parcel Lotting and Grading Tentative Map (''Alternative Map") includes in addition to the Tentative Map, APN #641-030-09, APN #641-030-01, APN #641-030-03, and the site identified as "Sunbow Proposed Lot-line Adjustment" ("Out-Parcels"). The Alternative Out Parcel Lotting and Grading Tentative Map will become effective upon the applicant meeting all of the following conditions: a. submittal of evidence by the applicant to the satisfaction of the City of Chula Vista that the applicant has acquired fee title to all of the Out-Parcels prior to the approval of a final "B" map including any of the Out-Parcels or upon the written consent of the owners of the Out-Parcels to approval of such final map; and, b. That prior to the approval for the "B" Map for neighborhood R-55 including the "Sunbow Proposed Lot Line Adjustment" area, the applicant shall implement all applicable mitigation measures identified in the Sunbow EIR-88-01, CEQA Findings of Fact and the Mitigation Monitoring and Reporting Program and applicable environmental permits for the lot line adjustment portion of the Stmbow project; and applicant shall additionally comply with any further environmental review process required for development of the "Sunbow Proposed Lot Line Adjustment; and, c. That Park P-13 be depicted on the Alternative Map at the same location as indicated on the Tentative Map; and, 33 d. That lots #36, and g43 in Neighborhood R-50, Lot #8 in Neighborhood 5 lA, and Lot ff45 in Neighborhood 52A are deleted from the Alternative Map. Lot area shall instead be included in open space lots #29 and #30; and, e. If the Alternative Map becomes effective, Tentative Map Condition #27 (Full street-width bridge connection Barn Owl Court and Misty Creek Court) will not apply to the Alternative Map; and, f. Submittal of a revised "A" map for the Project, if an "A" map has been previously app[oved; and, g. The developer shall dedicate to the City on a revised 'A' map, a 35-foot wide right-of-way for the MTDB's San Diego Light Rail Transit and any additional width dedication required at the m-grade crossings to the satisfaction of the City Engineer. Said right-of-way shall be contained in lots granted to the City for open space, transportation, and other public purposes. Said lots shall not extend across street intersections unless approved by the City Engineer. The developer shall include said lots in an open space district; and, h. Offer for dedication in fee interest to the City on a revised "A" map, all numbered open space lots shown on the tentative map. Execute and record an irrevocable offer of dedication of fee interest for each of the lots to be maintained by the City through the open space district; and, i. Grant on the revised "A" map an access easement from Telegraph Canyon Road to Santa Olivia, parallel to the MTDB San Diego Trolley LRT System corridor; and, j. Prior to the approval of the first final "B" map for the "Out-parcels", an open space maintenance area shall be formed for the Out-Parcels to fund preserve maintenance and monitoring. Said open space maintenance area shall be a part of Community Facilities District No. 97-2 (Preserve Maintenance District); and, k. Prior to the approval of the first final "B" maps for the Out-Parcels, an Open Space District shall be formed for the Project to fund maintenance of open space and other public improvement; and, 1. Provide and comply with an updated acoustical analysis sound wall study as to the out-parcels which shall include measures to maintain the permissible exterior and interior noise limits for the residential units located adjacent to the MTDB San Diego Trolley LRT System alignment. The applicant shall comply with the recommendations of such study. Noise levels must not exceed thresholds in Otay Ranch SPA One, Planned Community District Regulations, Section II.3.(d and e); and, 34 m. Submit and obtain approval of a revised Village One West Maintenance Responsibility Map including the out-parcels from the Director of Planning and Build'rog which shall include delineation of private and public streets. n. All of the Tentative Map conditions contained here within shall be applied to the Alternative Map except as noted above, and the developer shall comply with all conditions, as to the Alternative Map. C 5PLANNING\OTAYRNC H~TENT_MAP\VIL L 1 WTM.DOC 35 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REJECTING ON BEHALF OF THE PUBLIC THE IRREVOCABLE OFFER OF DEDICATION OF PUBLIC STREET AND OTHER PUBLIC PURPOSES, THE EASEMENT FOR DRAINAGE PURPOSES, THE EASEMENT FOR SIDEWALK PURPOSES AND THE ASSIGNABLE A/CD IRREVOCABLE EASEMENT FOR GENERAL UTILITY PURPOSES FOR A CERTAIN OFF-SITE PORTION OF EAST PALOMAR STREET WHEREAS, a portion of East Palomar Street (0.256 Acres) is located outside of the subdivision boundary and is, therefore, offered by separate instrument along with the associated general utility, sidewalk, and drainage easements; and WHEREAS, the full right of way for East Palomar Street will be ready for acceptance once the developer obtains a right of entry to construct street improvements within the City of San Diego Waterline Easement, which crosses East Palomar. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby reject on behalf of the public the Irrevocable Offer of Dedication of Public Street and other Public Purposes, the Easement for Drainage Purposes, the Easement for Sidewalk Purposes and the Assignable and Irrevocable Easement for General Utility Purposes for a certain Off-Site Portion of East Palomar Street. Presented by Approved as to form by John P. Lippitt JohnU~ Kaheny Director of Public Works City Attorney [H:\HOMELATTORNEY\RESO/IOD East Palomar Stree~ (August 14, 2000 (3:36pm)] COUNCIL AGENDA STATEMENT Page 1, Item ~- Meeting Date: 8/22/00 ITEM TITLE: Resolution Approving Final "B" Maps for Chula Vista Tract No. 96-04, Otay Ranch SPA One, Village 5, Units 9 and 12 (Portions of Neighborhoods R-37 and R-38), accepting on behalf of the City of Chula Vista the assignable and irrevocable general utility and access easements and the pedestrian access easement on Unit 9 and approving two "B" Map Subdivision Improvement. Agreements and au/thorizing the Mayor to execute said agreements / SUBMITTED BY: Director of Public Works~/(~-/ REVIEWED BY: City Manager~L ~./ (4/Sths Vote: Yes No X ) Tonight, Council will consider the approval of the Final "B" Maps for Units 9 and 12 of Otay Ranch Village 5 (CVT 96-04) and associated agreements. The Subdivision Improvement Agreements are executed by Otay Ranch V, LLC as owners. On April 20, 1999, Council approved the "Agreement for Financing and Construction of Olympic Parkway and Related Roadway Improvements". The approval of subject Final Maps is consistent with the cumulative equivalent dwelling unit threshold established by said agreement. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. RECOMMENDATION: That Council approves the Resolution approving the Final "B" Maps and the "B" Map Subdivision Improvement Agreements. DISCUSSION: On November 19, 1996, by Resolution No. 18398, Council approved the tentative map for Otay Ranch, Village 1 and a portion of Village 5 (CVT 96-04). One of the conditions of the tentative map required filing of an "A" map creating "superblock" lots prior to approval of any map creating individual residential lots. On August 4, 1998, by Resolution Nos. 19124 and 19125, Council approved the first Otay Ranch Village Five "A" Map and associated Supplemental Subdivision Improvement Agreement CA" Map SSIA). The Final "A" Map created the "superblock" lots corresponding to Units 1-12 (Neighborhoods R-34, R-35, R-36, R-37, and R-38 of the Tentative Map). The "A" Map SSIA satisfied several conditions of approval of the tentative map. Final Maps and Subdivision Improvement Agreements The land to be subdivided by the final maps for Units 9 and 12 of Otay Ranch Village 5 is generally located south of Otay Lakes Road across from the Telegraph Canyon Estates subdivision and west of Eastlake Greens and the proposed SR-125 route. The final map for each unit consists of the following: Page 2, Item Meeting Date: 8/22/00 Units 9 and 12 of Otay Ranch Village 5 contain a total of 33 single family lots (3.875 acres), 2 private street lots (1.199 acres), and 5 private open space lots (1.739 acres) totaling 6.813 acres. The private open space lots and the private streets will all be maintained by a Homeowner's Association. A plat and location map of each of the subdivisions are attached herewith as Attachments A-land A-2. The final maps for the four subdivisions have been reviewed by the Departments of Public Works and Planning and Building and have been found to be in substantial conformance with the approved Tentative Map. Approval of the maps and associated subdivision improvement agreements constitutes acceptance by the City of all assignable and irrevocable general access and utility easements and the pedestrian access easement on Unit 9. The developer has also executed Subdivision Improvement Agreements for each of the four maps and has provided bonds to guarantee construction of the required onsite public improvements and to guarantee the subdivision monumentation. The Subdivision Improvement Agreements and bonds are on file in the office of the City Clerk. The construction and bonding of all off-site street improvements required to serve Units 9 and 12 have been addressed in the Olympic Parkway Agreement. Final Map Conditions/Supplemental Subdivision Improvement The fees and/or cash deposits which are specific to the "B" maps have been collected in satisfaction of the various Tentative Map conditions of approval. A "B" Map Supplemental Subdivision Improvement Agreement was previously executed by the Developer encompassing units 2 through 12 on 8/31/99 by Resolution No. 19592 which satisfied several conditions. All other conditions of approval have been met. Miscellaneous The Minutes of the 11/19/96 and 8/4/98 Council meetings and the Developer's disclosure statements are attached as Attachments B and C, respectively. Page 3, Item Meeting Date: 8/22/00 FISCAL IMPACT: None. All costs associated with the proposed "B" Maps and related agreements are recovered in accordance with the Development Agreement for the Otay Ranch Company. Attachments: Attachment A-l: Plat - Chula Vista Tract 96-04, Otay Ranch SPA One, Village 5, Unit 9 Attachment A-2: Plat - Chula Vista Tract 96-04, Otay Ranch SPA One, Village 5, Unit 12 Attachment B: Minutes of 11/19/96 and 8/4/98 Council meetings Attachment C: Developer's Disclosure Statement H;~HOME\ENGI]qEER\LANDDEV\OTAYRNCH~A113V5 Umts 9 & 12-tme.doc File No. 0600~80-ORI42F and 141F UNJ¥ NO. '.1 ~:,.:,oo. / / OTAY RANCH VILLAGE 5 / UJXJJ-_[" 5-(/ UNIT NO. 9 _u 4 2 ~ 7 LONE ,w.o.s.8 ~ e~ ,D,~ ~.o.~. ~ NO,~ ~2 1d SCALE: 1"= 100' OTAY RANCH VILLAGE 6 ~fi~ ~ ~ ~'~ ~ ~a ~ ~ ~j~ ' ' ' :' . - ' public h~,~ m~n~ to'~e~ of~aO~fi. ~ of~!~.,,~.,~ 1L~ ~O~l't'O~ 1~6 ~ ~O~G l ~0~ CO~~ t~:~;~ FOR OTAY ~ ~:,0~ ~ ~ - ~ ~ a ~ ~ ~ d~ not ~ a public D~~ ~OR ~ ~- ~ ~ a ~ i~, b~ d~ n~ ~1,= a public ................... ~ ..... ' '0~ '- ' ~ i ~~m9~ ~T~ ~ONS.~ · ~ :.m~-~'~A~ 0~- ~ ~:t~'~-~b~S~ ~<-. ....... ~m~ ~ ~ ~hy.TM S~711 of ~ ~t ~ m ~fl~ ~ ~ ~p ~==d~ for ~y o~ d~. - ~_ ~ ' ' 7. ~SOL~ON 1~ ~rxO~G ~,~ ~OM ~~A-i'~ ~ FOR ...... PUBIC ~GS ~ ~AI'~ ~OLur]ONS ~ O~S I I T Nov=mi>~;_' !9, 1996 pa=o= $ '~ ~iH~ ~ ~ ~ a ~ ~I~ ~ ~'~ mink ~ -,~. ~ppi= ~d it ~ ~s opMm d~velopm-~;,~-~___ _ _ ~ .:._ ..-~- ~ ~"~lv~i~ Maps A ~d B ..... He ~d not h~ ~a ~ ~ ~e Ci~ ~d ~-ffiagc D~el0p~t ~ ~t a lot of 6m. m m ~: pmbl~ that ~ ~ SC ~ ~ not ale ~ you MVC Z ~vc ~ ~mv~ ~d ~'s ~ ~gc D~opm~t is ~g ~ ~ h~g, ~ VEiage Deveiopmmt ~ ~ m do ~ A ~ on ~e ~ole of~e SP& ~agc by ~g~ if you l~k ~ ~ndifio~ of a~mv~. ~sy ~ve m ~ ~nd~ ~ ~s ~5m ~ek ~r-. ~ ~ $160 ~H~. If ~d wsm o~ of ~ ~ ~ -~ ~ag~ 1 ~0 ~9 ~5 ~ ~ ~I¢ ~ m ~p ~o¢ ~ of~ not ..... _zm~ no ~ ~_~, ~c p~Hc h~g ~ clo~ ' ~k~ what ~ w~ E pl~ ~ ~e b~k~n~ ~~ wo~d ~ ~c~.. ~'~a~ Dev~io~m~t ~ obti~a:~ to ~rovid~ for ~ ~d w~ m= ~s ~ of ~ 218 on ~ ~j~- '&s hcm~? ~o~.~ it woMd not ~ ~,t=r~d m ~ by 3~fi~ZIE. ~ ~s ~on ~non m ~s dev~I~m=t ~at ~ not ~ of o~ dgvd~. Hc ~ we ~ ~ ~ that 5~C ~ono~'Aie~') ~ Miow ~a~ dos~ f~m d~k m ~ fMl~ ~1 ~fi~ M~t ~d Pdndone opposed and ~a Novsm~"-- I9, 1996 ?a~s 9 1~. PUBLIC ~A~G ~0YA'~G OTAY ~ ~~ON D~~ D~0~, A ~0~ ~ p.~sH ~ ~ ~ 'l'H ~: ~'y O~ ~ U~ ~A (tim OD~kN~ 2691 0~ EY CO~~ MOOT, ~d.di.~ ad~'~e ~ 1~ w s Bffi B~-~, 1755 Old Gffi~ Av~ ~e, ~ ~g B~ B~_~! ~ ~=*~ ~e Su . BO~ ~ CO~E~ON ~CO~A~ONS -' .~5'i :: .... :-.h,, A~ONII'E~:..:.:~: · . .- 14. ~SOL~ON, I~9a. D~OL~G '1'~ CO~- ~~ ~ ~ B6~ - ~ - or~fio~m~d~'w~ ~d~ by ~ ~ ~d~ ~'.~].of pub~o~drRfi~= For ~ pu~ ofl~ ~on. ~is ~g ~e e~g ~ B~. ~ np~ by ~. ~r of ~ D~vclopm~0 Con~nu~ ~ ~e m~ of 111~/9~.. : ~l Dye, ~no~c D~lopm~t M~g~. ~d ~~ ~cfl dissolve ~e ~c~-appo~t~ BECA ~vi~ ~ ~ ~ ~g ~ ~ wo~d ~Mt a M~ Nov=m'~r !9, 19.o6 .Pa~s ] 0 p~ ~d app~ ~1 ~ ~ ~ ..... - :' -. O-i'~ BU~L~SS m S~g of~ l~. ~[4YOR'S ~ORTf~ ~g ~ ~i~ of o~ ~ Mayor Ho~on requ~d Coun~l gO in~ a d~ed s~om =ha= ~uld ~ a ~Dbl~. That was ~e in~en=. With ~o~, ~= -~- ~o~ oP~ ~-~ ~ -~" ~o~ P~C-f~~s - on Nov~ !9, !996, Co~ci! a~pr~ed_a_po~ion of ~he Tenta~ive._Sub~vimion~ for Tra~ 96-04, ~ay Ranch SPA ~e'-('~'ay R~=h~ Villages '6~e'~d'~'~' potion 0f Village Five, ~=lu~g.2BS. a~_loc~te~,~ a potion of Villages One and Five). On ~cn 25, 199&, Councll a~ed a pO~lon of the Tentative Subdivision Map 96--D4 (~ay Ranch Village Five,~{~ei~hborhoods 28, 29, 30, 31 and 39) . Condition approval of a ma~ f~nal map~i~p) ~gr_the pod=on of the tentat=ve map within each Village area showing '~r block" lots. Ail "super block" lots created .are also re~ired to have access to a dedicated public street. Per staff's rec~da~on, the resolutions w~e approved unan~ously 5-0. (Dir~ctDr uf Public Works) VI~GE 5 '~ Au='uORI$ING T~ ~OR ~ EI~' ~AID AG~ !0. ~SOL~ION 19126 DEWING ~E I~TEA~ TO ~I P~C~ ~EA ~3'9-1&0-32 ~ k'n~ AIG~--OF--WAY ~OR EAST N~S SPACE DIS~ ~EK lB ~ s~IN~. ~E Ti~ ~ ~CE FOg THE P~iC EE~ING ~oR ~:00 P.M. ON EEP~ER 22, 1998 - Th~ final parcel map.so subdivide Parcel Nu~er 639-160-32 is current!v in process. ~he parkway a!on~ Eas~ Naa!es Stree~ to -_he scutch cf ~--~s_oar=el, which is -~=~-__ o~ ~he righu-of-way for Ess-_ Naoies_ ~as a~_~ed un~mmly 5-O. (D~or of P~!i: W~rkm) ~ ~ION ~K ~R~ - The ~enns Planning and coordination Task Forte for ~' _ ~s on ~e =u=unity_ A% ~he t~e of amuroval._ of the ~hinhea~e~ proje~, ~%~s ~f the ~n~ F!~n~ ' ~d' Cocrd~a~on Task Force. ~r ~oun=i~ar P~dune ~ked i= the City ~il! ~vi%e ~iciDan%s frDm ~- -- o=. ~ n~mated_by ~he Mayor/ He ~=~o:le wh6 have b&en- interested have ~ c~!~. Be felt i% woul~ be be$% %0 have s~eone fr~ the Borne ~L~,~i~%er P~ndone agreed- If we have an oDnion and choice of_volunteers, ~a~ ~% ho~d we would, opt for the homeowner~. . ~SPE~ ~ROP~ ~ BI~S FOR CO~.~IO~ - Council shall consider placin~ 'de%~e~t s~er.ch~9eS o~ {he .~e~qti~e-pr~y tax bil%s .for collection the t~e set for h~aring together with~' any obje~ions or protests by interested p~i~s_ At %h~ =onc!usion of the hearing, Council shall either approve the of land as they are sh~'~ upon ~he last available assessment roll. The ~unus shall be char~ed to the property owners on the next regular tax bill. Per ~af~'s reco~endatiDn, the resolution ~'as approved unanimously 5-0. (Direr%tr 2. If any person* ideurifiad pursuant to (1) above is a corporation or pagmership, .Iis~ the mune~ of all individual~ c ~ning more titan 10~ of the shares in the corporation or owning any parmerabip ia~,-~; in thc pmmcrship/ If any pa'son' idenlified pumuaut to (1) above is non-profit o~g~";':"io" or a trust, list the mmacs of auy perso ~ serving as director o£ th~ non-pwfit org~,-~:,~,ton or as n'usme or bcncflciaq, or tmsior of the tmsL Have you had more th.. $2~0 WoIIh of business l:ra~.sa~£ecl wkh a~y member of Idle Cily sr,.~, Boards, Cc mm~,ion~, Comm~',~'.s, and Council within ll~ past twelve month? Yea ~ No ~ If yes, pleasv indic~e pe~sou(s):~ .. Please icl~nrify each and cverl, pei-sou, including any agents, employees, ~1 o]' ~d~[ ~C 7; who you have a.~gnad to r~pres~t you before ~he City in ~ mav~r. 6. ttsvc you and/or your officers or agentz, in the aggregate, conm'buted more ,h;*,] $1,000 to a Council memb~ in thc curt'cat or preceding election p~iod? Yes ~ No ~f If ye~, ~m~e which Council members(s): ....... * * * (NOTE: Attached additions] p~es as nec-~,'y) *_ *" . Sipa~ of Con~o~At~li~ ~i~o~ or ~ oth~ gm~ or w~i~on a~ng ~ a ~L If any person* ident~ied ptl~um~t to (1) above is a co~oratioJ~ or partnership, .Iist the mtme~ of All individual~ t ~ing mote than 10% of the shares in the corporation or owning an~ parmcrship inter~st iD Thc paJ'mcrship. If any petson~' identified pm'auant W (I) above is aon-profit org~'~;7-'ti°n or a trust, lht th~ namea of any Perso t servingss director of the non-profit orga~i~rlon or a~ u'u~tee or bemcficiary or trusto~ of the mis t. Have you had more than $250 worth of bus/ness transacted with any m~mb~r of the. City staff, Boards, Ct Com,'~;~ee.s, and Council within the past twelve month? Y~ __ No ~ If yes, pl~ast: indicam pet~on(s):~ Please identify each and every person, including any agents, employee-% co:~,tltan~, or independent Comraac :~ who you have ~$i_macd to represeaxt you before the City ill ~ matter. Havc y~u and/~r y~ur ~s ~r agents~ i~ thc ag~regatc~ c~nu.ibut~ti m~re th~.. $~ t~ a C~unci~ memb~r i~ the cth-tent or pre,ding election p~'iod? Yes __ No .,y... If yes, state which Coun~U m~mbm's(s): * '~ * (NOTE: Attached additional pag~ as necessary) $igaamm of Contractor/At,pli~ant Print or type name of £onli~-tor/Applicam person ix defined as: 'Any individual, firm, co-partne'r~hip, joint ventttre, assodation, social club, fraternal or r;tMtat~on, co~rporation, estate, rrttst, receiver, gyndicate, tltis and any other county, city or country, city rnuA:cipality, district, or ott, :r polltical subdivLrion, or any other group or combination aating as a unit. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FINAL "B" MAPS FOR CHULA VISTA TRACT NO. 96-04, OTAY P~ANCH SPA ONE, VILLAGE 5, UNITS 9 AND 12 (PORTIONS OF NEIGHBORHOODS R-37 AND R-38), ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE ASSIGNABLE AND IRREVOCABLE GENERAL UTILITY AND ACCESS EASEMENTS AND THE PEDESTRIAN ACCESS EASEMENT ON UNIT 9, AND APPROVING TWO nB" MAP SUBDIVISION IMPROVEMENT AGREEMENTS, AND AUTHORIZING 'THE MAYOR TO EXECUTE SAID AGREEMENTS. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby finds that certain map survey entitled Chula Vista TPJkCT No. 96-04 OTAY PuANCH SPA ONE, VILLAGE 5, UNIT 9,and more particularly described as follows: Being a subdivision of Lot 2 of Otay Ranch Village 5 UA" Map No. 1, Chula vista Tract No. 96-04, as shown on Map No. 13615, in the City of Chula Vista, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County on August 12, 1998. Area: 3.621 No. of Lots: 20 Numbered Lots: 17 Lettered Lots: 3 is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the public the Assignable and Irrevocable General Utility and Access Easements, all as shown on said map within this subdivision. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City of Chula Vista the Pedestrian Access easement as shown on said map within said subdivision. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula vista is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map; and that those certain Assignable and Irrevocable General Utility and Access Easement and Pedestrian Access Easement, as granted thereon and shown on said map within said subdivision, are accepted on behalf of the City of Chula Vista as herein above stated. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement dated the 3rd day of July, 2000, for the completion of improvements in said subdivision, a copy of which is on file in the office of the City Clerk, is hereby approved. BE IT FURTHER ~ESOLVED that the City Council of the city of Chula Vista hereby finds that certain map survey entitled Chula Vista Tract 96-04 OTAY RANCH SPA ONE, VILLAGE 5, UNIT 12, and more particularly described as follows: Being a subdivision of Lot 14 of Otay Ranch Village 5 "A" Map No. 1, Chula Vista Tract No. 96-04, as shown on Map No. 13615, in the City of Chula Vista, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County on August 12,1998. Area: 3,192 Acres No. of Lots: 20 Numbered Lots: 16 Lettered Lots: 4 is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the public the Assignable and Irrevocable General Utility and Access Easements, all as shown on said map within this subdivision. BE IT FURTHER RESOLVED that the city Clerk of the City of Chula Vista is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and those certain Assignable and Irrevocable General Utility and Access Easements, as granted thereon and shown on said map within said subdivision, are accepted on behalf of the City of Chula Vista as herein above stated. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. BE IT FURTHER RESOLVED that certain Subdivision Improvement Agreement dated the 3rd of July, 2000, for the completion of improvements in said subdivision, a copy of which is on file in the office of the City Clerk, is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be and is hereby authorized to execute said agreements for and on behalf of the City of Chula Vista. Presented by Approved as to form by John P. Lippitt Joh~M/. Kaheny Public Works Director City Attorney H: ~Home \At t orney\RESO\ Ot ayRanchVlg5. R- 3 7. ~rpd Recording Requested by: CITY CLERK When Recorded, Mail to: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, Ca. 91910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Declarant SUBDIVISION IMPROVEMENT AGREEMENT municipal corporation, hereinafter called "City", and OTAY R3LNCH V, LLC, a Delaware Limited Liability Company, 3920 Valley Centre Drive, San Diego, CA 92130, hereinafter called "Subdivider" with reference to the facts set forth below, which Recitals constitute a part of this Agreement RECITALS: WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as CVT 96-04 Otay Ranch Village 5 Unit 12 pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula Vista Municipal Code relating to the filing, approval and recordation of subdivision map; and WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula Vista, Subdivider must have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the Council for purpose of recording in the office of the County Recorder of San Diego County, or, as an alternative thereto, Subdivider shall enter into an agreement with City, secured by an approved improvement security to insure the performance of said work pursuant to the requirements of Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said Council; and 1 WHEREAS, Subdivider is willing in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will install and complete, at Subdivider's own expense, all the public improvement work required by City in connection with the proposed subdivision and will deliver to City improvement securities as approved by the City Attorney; and WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditions, as contained in Resolution'No. 18398, approved on the 19th day of November, 1996 ("Tentative Map Resolution"); and WHEREAS, complete plans and specifications for the construction, installation and completion of said public improve- ment work have been prepared and submitted to the City Engineer, as shown on Drawings Nos.99-1288 through 99-1291 inclusive, on file in the office of the City Engineer; and WHEREAS, an estimate of the cost of constructing said public improvements according to said plans and specifications has been submitted and approved by the City in the amount of One Hundred Twenty Thousand Dollars and No Cents ($120,000). NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. Subdivider, for itself and his successors in interest, an obligation the burden of which encumbers and runs with the land, agrees to comply with all of the terms, conditions and requirements of the Tentative Map Resolution; to do and perform or cause to be done and performed, at its own expense, without cost to City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, all of the public improvement and/or land development work required to be done in and adjoining said subdivision, including the improvements described in the above Recitals ("Improvement Work"); and will furnish the necessary materials therefor, all in strict conformity and in accordance with the plans and specifications, which documents have heretofore been filed in the Office of the City Engineer and as described in the above Recitals this reference are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the completion and acceptance of ~ the Improvement Work, and that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed. 3. It is expressly understood and agreed that Subdivider will cause all necessary materials to be furnished and all Improvement Work required under the provisions of this contract to be done on 2 or before the second anniversary date of Council approval of the Subdivision Improvement Agreement. 4. It is understood and agreed that Subdivider will perform said Improvement Work as set forth hereinabove, or that portion of said Improvement Work serving any buildings or structures ready for occupancy in said subdivision, prior to the issuance of any certificate of clearance for utility connections for said buildings or structures in said subdivision, and such certificate shall not be issued until the City Engineer has certified in writing the completion of said public improvements or the portion thereof serving said building or structures approved by the City; provided, however, that the impr0vement security shall not be required to cover the provisions of this paragraph. 5. It is expressly understood and agreed to by Subdivider that, in the performance of said Improvement Work, Subdivider will conform to and abide by all of the provisions of the ordinances of the City of Chula vista, and the laws of the State of California applicable to said work. 6. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of Sixty Thousand Dollars and No Cents ($60,000) which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit "A" and made a part hereof. 7. Subdivider further agrees to furnish and deliver to the city of Chula Vista simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of Sixty Thousand Dollars and No Cents ($60,000) to secure the payment of material and labor in connection with the installation of said public improvements, which security is attached hereto, marked Exhibit "B" and made a part hereof and the bond amounts as contained in Exhibit "B", and made a part hereof. 8. Subdivider further agrees to ~urnish and deliver to the city of Chula vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of Three Thousand One Hundred Dollars and No Cents ($3,100) to secure the installation of monuments, which security is attached hereto, marked Exhibit "C" and made a part hereof. 9. It is further agreed that if the Improvement Work is not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the Improvement Work within said subdivision in accordance with 3 such specifications herein contained or referred, or at the option of the City, as are approved by the City Council at the time of engaging the work to be performed. Upon certification of completion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the terms of the improvement security. Subdivider agrees to pay to the City any difference between the total costs incurred to perform the work, including design and administration of construction (including a reasonable allocation of overhead), and any proceeds from the improvement security. 10. It is also expressly agreed and understood by the parties hereto that in no case will the City of Chula vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor, except to the limits established by the approved improvement security in accordance with the requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista Municipal Code. 11. It is further understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the Improvement Work plans and installation of Improvement Work hereinabove provided for, and the cost of street signs and street trees as required by City and approved by the City Engineer shall be paid by Subdivider, and that Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money sufficient to cover said cost. 12. It is understood and agreed that until such time as all Improvement Work is fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alleys, easementsj water and sewer lines within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by city, Subdivider shall grant to City, by appropriate conveyance, the public improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. 13. It is understood and agreed that City, as indemnitee, or 4 any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement. Subdivider further agrees to protect and hold the City, its officers and employees, harmless from any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement; provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. Such indemnification and agreement to hold harmless shall extend to damages to adjacent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a result of the construction of said subdivision and the public improvements as provided herein. It shall also extend to damages resulting from diversion of waters, change in the volume of flow, modification of the velocity of the water, erosion or siltation, or the modification of the point of discharge as the result of the construction and maintenance of drainage systems. The approval of plans providing for any or all of these conditions shall not constitute the assumption by City of any responsibility for such damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of the subdivision pursuant to said approved improvement plans. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (10) years following the acceptance by the City of the improvements. 14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time period provided for in Section 66499.37 of the Government Code of the State of California. 15. Assignability. Upon request of the Subdivider, any or all on-site duties and obligations set forth herein may be assigned to Subdivider's successor in interest if the City Manager in his/her sole discretion determines that such an assignment will not adversely affect the City's interest. The City Manager in his/her sole discretion may, if such assignment is requested, permit a substitution of securities by the successor in interest in place and stead of the original securities described herein so long as such substituted securities meet the criteria for security as set forth elsewhere in this Agreement. Such assignment will be in a form approved by the City Attorney. SIGNATURE PAGE TO SUBDIVISION IMPROVEMENT AGREEMENT CVT 96-04 OTAY RANCH VILLAGE 5 UNIT 12 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA OTAY RANCH V, LLC, a Delaware Limited Liability Company Mayor of the City of Chula Vista ATTEST , City Clerk Approved as to form by ~ity (Attach Notary Acknowledgment) 6 A~-~O~E AC~IO~kr~EDGi~I~NT e~dcnce to be ~e person~ whose ~s) is/~ subscfib~ to ~e ~ ~sm,ment ~d ac~owledged to me ~at h~ ex~u~d the same in his/her/their authorized capacity~); and that by his/~/~ir ~'~ ~'~,~ ~i0~-~ si~a~e~ on ~e ~s~ent ~e ~rso~, .~ c~m~.t~sm ~ or the entity upon behalf of which the ~.~? ~.~r~ ~":'. ~ U.'~°°. ~.~ person~ acted, executed ~e hs~ent. ~ my h~d ~d offici~ se~. ed~nt to ~ ~au~o~ d~menL ~ GUA~/CONSERVATOR DA~ OF D~ SIGNER I8 REPRESENTING: , LIST OF EXHIBITS Exhibit "A" Improvement Security - Faithful Performance Form: Bond Amount: $60,000 Exhibit "B" Improvement Security - Material and Labor: Form: Bond Amount: $60,000 Exhibit "C" Improvement Security - Monuments: Form: Bond Amount: $3,100 Securities approved as to form and amount by ~V~ /~/ City Attorne~ Improvement Completion Date: Two (2) years from date of City Council approval of the Subdivision Improvement Agreement H: \home \at t orney\ sia \OR5U12 7 COUNCIL AGENDA STATEMENT Item b Meeting Date: 8/22/2000 ITEM TITLE: Resolution Accepting Bids and Awarding Contract for the "Animal Shelter Sidewalk Improvements, Beyer Way and Fourth Avenue in the City o£Chula Vista, CA (ST-525)" Project. SUBMITTED BY: Director of Public Work REVIEWED BY: Ctty Manager¢~i&o~, t,' ~ (4/Sths Vote: Yes No x0 At 2:00 p.m. on July 19, 2000 in Conference Room 3, the Director of Public Works received sealed bids for the "Animal Shelter Sidewalk Improvements at Beyer Way and Fourth Avenue in the City of Chula Vista, CA (ST-525)" Project. The general scope of the project involves the construction of curb, gutter and sidewalk, the reconstruction of the existing pavement and other work necessary to complete the project adjacent to the City of Chula Vista Animal Care Facility, located at the intersection of Beyer Way and Fourth Avenue. RECOMMENDATION: That Council Accept Bids and Award the Contract for the "Animal Shelter Sidewalk Improvements, Beyer Way and Fourth Avenue in the City of Chula Vista, CA (ST- 525)" Project to Jimenez Inc., DBA MJC Construction, in the amount of $174,945.00. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Funds for this project were budgeted in the FY 1999-2000 Capital Improvements Program (CIP) Budget for the construction of street improvements in conjunction with the City of Chula Vista Animal Care Facility. The work to be done consists of installing curb, gutter and sidewalk improvements, asphalt concrete pavement, storm drain and sewer improvements, streetlights and traffic control. Engineering staff prepared drawings, specifications, and advertised the project. Staff received and opened bids on July 19, 2000. The City received bids from seven contractors as follows: Page No. 2, Item Meeting Date: 8/22/2000 CONTRACTOR BID AMOUNT 1. Jimenez, Inc., DBA MJC Const. - Chula Vista, California. $174,945.00 2. Kirk Paving, Inc. - La Mesa, California $179,033.20 3 E.V. Constructors, Inc. - San Diego, California. $188,137.55 4. Scheidel Contracting and Eng., Inc. - La Mesa, Califomia. $198,655.00 5. H. B. Covey, Inc. - Pamona, California. $207,227.50 6. CDM Construction, Inc. - E1 Cajon, California. $245,955.00 7. 3-D Enterprises, Inc. San Diego, California. $274,405.00 The low bid by Jimenez Inc., DBA MJC Construction is below the Engineer's estimate of $175,435.00 by $490.00 or less than 1%. Staff's bid estimate was based on average prices for similar type work completed during the last two years. Engineering staff checked the references provided by the contractor. Jimenez Inc., DBA MJC Construction has done other work for the City and that work has been satisfactory. All references were verified and their work has been satisfactory. Staff has reviewed the low bid and is recommending awarding the contract to Jimenez Inc., DBA MJC Construction of Chula Vista, California. Disclosure Statement Attached 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 (b) 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. H:\HOME\ENGINEER~AGENDA\ST525A 113BVH.DOC Page No. 3, Item Meeting Date: 8/22/2000 Financial Statement FUNDS REQUIRED FOR CONSTRUCTION A. Contract Amount $174,945.00 B. Contingencies (10%) $17,500.00 C. Staff Costs (Design & Inspection) $30,000.00 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $222,445.00 FUNDS AVAILABLE FOR CONSTRUCTION A. Gas Tax Funds (2419525221) $222,445.00 TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $222,445.00 Upon completion of the project, the improvements will require only routine City street maintenance. Attachments: Contractor's Disclosure Statement File No. 0735-10-ST525 BVH:bvh H:\HOME\ENGIN E ER~AGEN DA\ST525A 113[IVH DOC  rsuan THE CITY OF CHULA VISTA DISCLOSURE STATEMENT t to Council Policy 101-01, prior to any action upon matters which will require discretionary action by the Council, ylarming Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: 1. List the names of all persons having a financial interest in the property that 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 with a $1000 investment in the business (corporation/partnership) entity. 3. If any person* identified pursuant to (1) above is a non-profit organization or 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. Please identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter? 5. Has any person* associated with this contract had any financial dealings with an official** of the City of Chula Vista as it relates to this contract within the past 12 months. Yes No ~ 16 Yes, briefly describe the nature of the financial interest the official** may have in this contract? 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? No )(Yes __ If yes, which Council member? 7. Have you or any member of your governing board (i.e. Corporate Board of Directors/Executives, non-profit Board of Directors made contributions totaling more than $1,000 over the past four (4) years to a current member of the Chula Vista City Council? Yes No '"~ If Yes, which Council member? 8. Have you provided more than $300 (or an item of equivalent value) to an official** of the City of Chula Vista in the past twelvex(l~2) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes No~ If Yes, which official** and what was the nature of item provided? Si n~mre of Contractor/Applicant~C~/~O~[ Print or type name of Contractor/Applicant * Person is del'reed as: any individual, firm, co-parmership, joint venture, association, social club, fraternal organizatk cotlmrafion, estate, trust, receiver, syndicate, any other county, city, municipality, district, o~ other political subdivision, · any other group or combination acting as a unit. ** Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commissi or committee of the City, employee, or staff members. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE ANIMAL SHELTER SIDEWALK IMPROVEMENT PROJECT (ST-525) AT BEYER WAY AND FOURTH AVENUE WHEREAS, at 2:00 p.m. on July 19, 2000 in Conference Room 3, the Director of Public Works received the following seven sealed bids for the "Animal Shelter Sidewalk Improvements at Beyer Way and Fourth Avenue in the City of Chula Vista, CA (ST-525)" Project: CO~RACTOR BID i~MOUNT 1. Jimenez, Inc., DBA MJC Const. - Chula $174,945.00 Vista, California. 2. Kirk Paving, Inc. - La Mesa, $179,033.20 California 3 E.V. Constructors, Inc. San Diego, California. $188,137.55 4. Scheidel Contracting and Eng., Inc. - $198,655.00 La Mesa, California. 5. H. B. Covey, Inc. - Pomona, $207,227.50 California. 6. CDM Construction, Inc. - E1 Cajon, $245,955.00 California. 7. 3-D Enterprises, Inc. - San Diego, $274,405.00 California. WHEREAS, the low bid by Jimenez Inc., DBA MJC Construction is below the Engineer's estimate of $175,435.00 by $490.00 or less than 1% and Engineering ~staff checked the references provided by the contractor and all references verified their work has been satisfactory; and WHEREAS, staff has reviewed the low bid and is recommending awarding the contract to Jimenez Inc., DBA MJC Construction of Chula Vista, California; and W~EREAS, 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 (b) 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 ow/led business requirements were necessary as part of the bid documents, however, disadvantaged businesses were encouraged to bid through the sending of the Notice to Contractors to various trade publications. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby accept bids and award the contract for the ~'Animal Shelter Sidewalk Improvements, Beyer Way and Fourth Avenue in the City of Chula Vista, Ca (ST-525)" Project to Jimenez Inc., DBA MJC Construction, in the amount of $174,945.00. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said contract on behalf of the City of Chula vista. Presented by Approved as to form by John P. Lippitt John M. Kahe/ny Director of Public Works City Attorney [H:\H OME~ATTORNEY\RESOI Animal Shelter Sidewalk Improvements Bid (August 11,2000 (12:58pm)] 2 Page 1, Item ] Meeting Date: 8/22/00 COUNCIL AGENDA STATEMENT ITEM TITLE: A) Resolution of the City Council of the City of Chula Vista, California, Acting in Its Capacity as the Legislative Body of Community Facilities District No. 99-2 (Otay Ranch SPA One - Village One West), Declaring the Results of a Special Election in Such Community Facilities District B) Resolution of the City Council of the City of Chula Vista, California, Acting in Its Capacity as the Legislative Body of Community Facilities District No. 97-2 (Preserve Maintenance District), Declaring the Results of a Special Election in that area designated as Community Facilities District No. 97-2 (Preserve Maintenance District), Improvement Area "A", Annexation No. 1 C) Ordinance of the City Council of the City of Chula Vista, California, Acting as the Legislative Body of Community Facilities District No. 99-2 (Otay Ranch SPA One - Village One West), Authorizing the Levy of a Special Tax in Such Community Facilities District D) Ordinance of the City Council of the City of Chula Vista, California, Acting as the Legislative Body of Community Facilities District No. 97-2 (Preserve Maintenance District), Authorizing the Levy of a Special Tax in that Area Designated as Community Facilities District No. 97-2 (Preserve Maintenance District), Improvement Area "A", Annexation No. 1 SUBMITTED BY: Director of Public Work REVIEWED BY: City Manager~'~J~ a,~/ (4/5ths Vote: Yes No X ) On August 1, 2000, Council held a public hearing approving the resolutions of making preliminary findings, passing upon protest and approving the Special Tax Report, authorizing submittal of levy of special taxes and annexation of certain territory in the future to the Community Facilities District No.'s 99-2 (CFD 99-2) and 97-2 (CFD 97-2)(Preserve Maintenance District). Tonight's action will continue the formal processing of the Community Facilities District No, 99-2 and having the first reading of the Ordinances for the City Council acting as the legislative body for the future annexations proceedings for both the CFD's 99-2 and 97-2. On August 15, 2000, in the office of the City Clerk, the property owners held an election and voted upon the formation of the district and to authorize the levy of a special tax lien on property within CFD 99-2 and CFD 97-2. The election results will be presented in tonight's proceedings. Page 2, Item Meeting Date: 8/22/00 These proceedings will also provide a mechanism for the future annexation actions to be initiated by the applicant to bring in certain parcels into CFD 99-2 and CFD 97-2. The Rate and Method has consider and taken into account the future annexation application and has indicated the maximum special tax upon completion of the annexation proceedings. This particular CFD 99-2 will fund the perpetual operation and maintenance of certain landscape improvements including, but not limited to the large slopes areas facing Olympic Parkway, Paseo Ranchero, Telegraph Canyon, East Palomar and the Trolley Corridor within the Otay Ranch SPA One - Village One West. In addition, CFD No. 99-2 district liens will take over the obligations of Village One West, with regard to CFD No. 98-1, the Interim Open Space Maintenance District and a Notice of Special Tax Lien Cancellation will be filed 30 days after the CFD No. 99-2 certified vote is approved by the City Council. The formation of this CFD 99- 2 will also require the annexation to "Improvement Area A" of CFD 97-2. BOARDS/COMMISSION RECOMMENDATION: Not Applicable RECOMMENDATION: That Council: · Approve the Resolution acting in its capacity as the legislative body of Community Facilities District No. 99-2 (Otay Ranch SPA One - Village One West), declaring the results of a special election in such Community Facilities District, · Approve the Resolution acting in its capacity as the legislative body of Community Facilities District No. 97-2 (Preserve Maintenance District), declaring the results of a special election in Such Community Facilities District, · Approve the Ordinance acting as the legislative body of Community Facilities District No. 99-2 (Otay Ranch SPA One - Village One West), authorizing the levy of a special tax in Such Community Facilities District, and · Approve the Ordinance acting as the legislative body of Community Facilities District No. 97-2 (Preserve Maintenance District), authorizing the levy of a special tax in such Community Facilities District DISCUSSION: The consolidated proceedings are for the purpose of forming Community Facilities District No. 99-2 (Otay Ranch SPA One - Village One West) and to consider the authorization to levy special taxes and to provide mechanisms for the annexation of certain property into CFD 99-2 and CFD 97-2 at a future date. On January 13, 1998, Council adopted the "City of Chula Vista statement of goals and policies regarding the establishment of Community Facilities Districts". The approval of this document ratified the use of CFDs as a public financing mechanism for (1) the construction and/or acquisition of public infrastructure, and (2) the financing of authorized public services, including services provided by open space districts. Taxes levied by maintenance districts, such as CFI) No. 99-2, are excluded from the 2% maximum tax criterion. Page 3, Item Meeting Date: 8/22/00 On April 28, 1998, Council enacted the "Chula Vista Community Facilities District Ordinance". This ordinance adopted the Mello-Roos Act with modifications to accomplish the following: 1) incorporate all maintenance activities authorized by the "Landscaping & Lighting Act of 1972" ("1972 Act"), 2) include maintenance activities not listed in the "Mello-Roos Act" or the "1972 Act" (i.e., monitoring activities on privately owned parcels within the Otay Ranch Preserve, and community gardens proposed in Otay Ranch SPA One), and 3) establish an operating reserve fund for open space districts. Community Facilities Districts will provide the necessary funding for the operation and maintenance of public landscaping improvements by levying and annual "special tax", which is collected from the property owners in conjunction with the property taxes. There is no direct cost to the City. All expenses related to the district administration including levying and collecting the special taxes, are funded by the district. The proposed CFD No. 99-2 is consistent with the above-mentioned Ordinance and Council Policy. In addition, staff has met with the developer to discuss their concerns, clarify the intent of the policy and ordinance, and review the methodology for the apportionment of the special taxes. All of the issues raised by the developers have been discussed and solutions, satisfactory to all parties, have been incorporated in the "Rate and Method of Apportionment" (RMA). The RMA has also been modeled after similar open space maintenance districts in the surrounding area, and similar list of maintenance items. Staff, the legal counsel, and the special tax consultant have reviewed the proposed methodology and consider it ready for council approval. Area of Benefit The proposed boundary of CFD No. 99-2 encompasses parcels located within the Otay Ranch SPA One - Village One West. Otay Project LLC owns most of the property within the proposed district boundaries (approximately 126 acres and 559 proposed units). In addition, LB/L RWR Otay 62LLC and LB/L RWR Otay 91LLC has pumhased Planning Areas R51A, R51B, R52A, R51B, R53 and R49B (approximately 54.8 acres and 212 proposed units). Staff has reviewed the proposed boundary map and found it acceptable. The County Assessor's parcels are as modified by the recording of the Maps #18396 related to Olympic Parkway and #13990 related to Paseo Ranchero. These recorded maps create the legal parcels for the purpose of forming this CFD. A reduced copy of the Recorded Map is presented in Exhibit 1. Three (3) parcels (Future Annexation Parcels 1, 2 & 3) within the Village One West and are not within the proposed boundaries of CFI) No. 99-2 (see Exhibit 3) at this time. Otay Project LLC has closed escrow on the Future Annexation Parcels 1 & 2. However, due to the timing Otay Ranch LLC closing, the City will need to complete the formation of this CFI) 99-2 first, then the Otay Ranch LLC can initiate the annexation proceedings for these future annexation parcels. At this time, the Otay Ranch LLC is in discussions with Sunbow related to this remaining Future Annexation Parcel 3 and will initiate the proceedings at a future date. Page 4, Item Meeting Date: 8/22/00 The Otay Ranch SPA One - Village One West is currently within the CFD 97-2 for Improvement Area "B" only (undeveloped land). Upon subdividing the undeveloped property within CFD 97- 2, the property is then required to convert over to Improvement Area "A" and would be subject to assuming the payment of a special tax levy for the annual operation and maintenance of the Preserve Maintenance District. This annexation is part of the proceeding being undertaken tonight, as well as setting up a procedure for the Future Annexation Parcels (1, 2 & 3) to be brought into Improvement Area "A". As noted above, the Council has initiated proceedings "Annexation in the Future Proceedings" for these parcels. These Resolutions will establish the legal authorization to annex such parcels at some future date upon the consent of the owner of such property given at the time of annexation and without the necessity of a formal election. It should be noted that upon annexation of Furore Parcels 1 & 2 (combined 28 units), the maximum tax rate for Developed Parcel assigned to the Residential Category and for Parcel assigned to the Vacant Land Category would be adjusted as described in the Rate and Method of Apportionment of Special Taxes for CFD 99-2. Description of Facilities The proposed CFD No. 99-2 will fund the operation and maintenance of the public landscaping improvements (i.e., open space slopes, trails, proportionate share of detention basins, drainage channels, parkways and medians) within the Otay Ranch SPA One - Village One West. A complete list of said public facilities is presented in Exhibit 2. The taxes levied within the district will provide for the maintenance of all those common improvements (i.e., medians, parkways, drainage improvements, etc.) providing benefit to all of Otay Ranch SPA One - Village One West (regardless of ownership). In addition, the taxes levied will provide for the maintenance of open space, slopes, trails, the future trolley alignment open space area, and walls within the public open space lots. Otay Project LP will dedicate open space parcels to the City over the slopes fronting Paseo Ranchero, Telegraph Canyon Road, East Palomar Street, and Olympic Parkway, as well as the proposed trolley alignment open space parcels. The City of Chula Vista, then would dedicate the trolley alignment in the future for trolley uses. Currently, trolley construction is expected to commence in 5-10 years. The developer has formed a The Otay Ranch One Master Homeowners' Association (MHOA), which will complement the maintenance obligations of the district. The MHOA will maintain the entry monuments at the major entrances to the project, minor private open space lots within the subdivision, parkways along private local and collector streets, and private pedestrian parks. The CC&R for the MHOA will address maintenance, liability and insurance issues. Cost Estimate The estimated annual budget for CFD No. 99-2 has been revised based upon more current bid data related to Codes 1 through 5. The City, consulting staff, developer and their consultants have held a series of meetings over the past few weeks related to the landscape cost estimates and the potential for lowering the annual special tax ($.4259/square foot). The current data for Page 5, Item Meeting Date: 8/22/00 the landscape bids did not accurately reflect the design theme and intensity of the proposed planting. It became apparent that the unit prices were not inline with proposed landscape themes. At the suggestion of the developer, they requested their Landscape Architect (Marquez Kuhlken) to let out bids for certain project areas that are similar to the Village One West landscape improvements to garner better unit costs for Codes 1 through 5. The results of the bids are very similar to the previous unit costs derived earlier by City bids. However, certain Code trait costs were lower while others were higher. Based on the review of the design plans and adjustments made to the anit prices for Codes 3 and 5, the City then agreed to adjust the unit costs for the CFD. The Special Tax Consultant then prepared several revised spreadsheets that reflected the changes in the Code anit costs and determined that the annual special tax could be reduced. The revised annual special tax rate for CFD No. 99-2 is $.3857/square foot. The estimated annual budget for CFD No. 99-2 is now approximately $648,183.00. This budget includes a total of $549,820.00 (includes additional 10% for reserve) for maintenance, professional services, water usage, and electrical, and $98,363.00 for CFD administration and operations overhead for staff services (preparing reports, levying and collecting taxes, public assistance, etc.) by the Engineering Division. Staff (Parks & Open Space and Engineering) has reviewed and approved the proposed budget. The City of Chula Vista's Open Space Department and Coordinator have reviewed the annual budget, cost estimates, and has verified at which level of maintenance trait costs are acceptable for this CFD. Proposed Special Tax The district has three categories of taxation, as follows: · Residential Developed Parcels (Single Family Residences) are taxed based on the square footage of the structure. · The Vacant Land category includes all the parcels for which a building permit has not been issued. The tax on Vacant Land is based on the total acreage of the parcel. · The Exempt Category includes all public parcels within the district. Developed Parcels are those parcels for which a building permit has been issued. The maximum tax rate on all Developed Parcels is determined by dividing the estimated annual budget at buildout (plus a reserve allocation of 10% of the annual budget) by the total estimated square footage of development at buildout (reduced by a 15% margin of error). The maximum tax rate on Vacant Land has been estimated by the dividing the estimated annual budget at buildout (plus a reserve allocation of 10% of the annual budget) by the estimated net lot acreage within the district. Page 6, Item Meeting Date: 8/22/00 Collection of Taxes At the beginning of each fiscal year the City shall determine the amount of the Special Tax Liability (budget plus reserve). Then, the special taxes will first be levied on the Residential Developed Parcels. If the special tax levied on Residential Developed Property is not enough to meet the annual Special Tax Liability, as may be the case in the early years of development, the district will levy a tax on the Vacant Land. The buffer of having the Vacant Land covering any remaining costs will not be available once the area has been fully developed. If the annual Special Tax Liability is less than the available maximum tax from the Developed Parcels, the special taxes to be levied in that specific year will be reduced accordingly. Following is a brief discussion of some key issues regarding the "Rate and Method of Apportionment (RMA) of thc Special Taxes": (See Exhibit 4 for full description of RMA) · The maximum special taxes may be adjusted each year for inflation using a factor equal to the lesser of the annual change of the San Diego Consumer Price Index or the California Fourth Quarter Per Capita Personal Income. · The "City of Chula Vista Community Facilities District Ordinance" requires that the developer maintain the landscaping improvements for a minimum period of one year. During this period, the City will collect the special taxes with the purpose of building up a six months operating reserve. The special tax formula provides that the annual budget for any year may include an amount deemed necessary to maintain an adequate level of reserve fund. · The maximum tax rates are based on the best estimate by the developers of the square footage of residential development at buildout (reduced by 15% margin of error). This assumed reduction in total square footage has the net result of raising the maximum tax that can be levied on future residential parcels to account for any loss in projected square footage and the corresponding special tax revenue. · The special tax formula provides that any cost due to delinquent taxes on vacant land shall be apportioned to the project where the delinquent parcels are located. · The annual budget used to calculate the tax rates are only the "best estimates" of the cost of maintenance at buildout. Them is always a risk that actual expenses in futura years may be higher than the total maximum collectable taxes. This may result in reduced levels of maintenance of the landscaping, unless the property owners approve an increase in the tax rates (2/3 voter's approval is required), which is considered unlikely. Staff believes, however, that the proposed tax rates contain enough of a cushion in the reserve, the inflation adjustment, and the assumed reduction of total square footage to minimize future problems. Page 7, Item Meeting Date: 8/22/00 Maximum Taxes The proposed maximum special tax rates for fiscal year 2000/01 for a typical dwelling unit within CFD 99-2 is as follows: Unit Type with Average Square Footage i Village One West at $.3857/SF Single Family Detached (Largest Average Product Proposed for Village One West at 3,619 SF) $1,396.00 Single Family Detached (Smallest Average Product Proposed for Village One West at 2,016 SF) $777.00 Vacant Land $4,766/Acre After the Future Annexation Parcels (Parcels 1 & 2) are annexed into CFD 99-2, the maximum special tax rates for the subsequent years will approximately be is reduced to the following: Unit Type with Average Square Footage Village One West at $.3749/SF Single Family Detached (Largest Average Product Proposed for Village One West at 3,619 SF) $1,357.00 Single Family Detached (Smallest Average Product Proposed for Village One West at 2,016 SF) $756.00 Vacant Land $4,623/Acre It should be noted that actual amount of reduction will depend on the actual number of units and square footage of these units. Refer to Exhibit 5 - Special Tax Report for additional detail on the application and definitions of the CFD 99-2. Comparison to Other Open Space Maintenance Districts The total estimated budget for CFD No. 99-2 at buildout is approximately $648,183.00, with an annual maximum tax of $777.00 for a 2,016 square foot single family residence, and an annual maximum tax of $1,396.00 for a 3,619 square foot single family residence. This is based on the proposed $.3857 per Developed square footage maximum tax. The units proposed in Village One West are larger overall than the types of units being built within CFD No. 97-1, the Open Space Maintenance District for Otay Ranch SPA One, Villages 1 and 5. In addition to the lesser density, Village One West proposes to landscape the future trolley right of way running though the center of the development, which significantly adds to the maintenance costs. In addition, the ratio of landscape sloped areas to residential units is considerably higher within the Village One West development area. Within the Otay Ranch - Village One West, the maximum special tax for a residential dwelling unit within CFD 99-2 ($.3857 per square foot) is approximately 29% greater than the maximum Page 8, Item Meeting Date: 8/22/00 .... special tax for a residential dwelling within CFD 97-1 (Zones A & B), estimated to be $.30 per square foot for fiscal year 2000/01. Resolutions There are two (2) Resolutions and two (2) Ordinances on today's agenda, which, if adopted, will accomplish the following: The RESOLUTION ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY of Community Facilities District No. 99-2 (Otay Ranch SPA One - Village One West), declaring the results of a special election in such Community Facilities District, The RESOLUTION ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY of Community Facilities District No. 97-2 (Preserve Maintenance District), declaring the results of a special election in Such Community Facilities District, The ORDINANCE ACTING AS THE LEGISLATIVE BODY of Community Facilities District No. 99-2 (Otay Ranch SPA One - Village One West), authorizing the levy of a special tax in Such Comanunity Facilities District, and The ORDINANCE ACT1NG AS THE LEGISLATIVE BODY of Community Facilities District No. 97-2 (Preserve Maintenance District), authorizing the levy of a special tax in such Community Facilities District Notice The property owners within the district have been notified of the election and voting procedures that took place on August 15th in the City Clerk's office. The summary of the Ordinances has been prepared by the City Clerk and will be published in an adjudicated newspaper of general circulation between the first and second reading of the Ordinances for CFD 99-2 and CFD 97-2. Future Actions September 12, 2000, the clerk shall place the second reading on the City Council's agenda and upon approval the City Clerk will then place a public notice for the Ordinances, specifying the approval, formation and levy of a special tax. Page 9, Item Meeting Date: 8~22~00 Fiscal Impact All costs of formation of the district are being borne by the developers and the on-going administration will be funded entirely by the district. The City will receive the benefit of full cost recovery for staff cost involved in the following activities: 1) District formation (Staff cost estimated at $91,000), and 2) district administration in perpetuity (estimated annual staff cost each year is $6,000 and an additional $10,000 for the contractual administration for the Engineering Division.) Exhibits: 1. Boundary Map 2. List of Public Facilities 3. Future Annexation Exhibit 4. Rate and Method of Apportionment 5. Special Tax Report 6. CFD 97-2 Improvement Area "A" Annexation Boundary Map 7. CFD 97-2 Rate and Method of Apportionment H:\SHARED\ENGINEER\CFD 97-2, 8-22\08-22-00 CAS-.3857 List of Public Facilities The proposed services include all direct, administrative, and incidental annual costs regarding the CFD operations and expenses related to providing for the maintenance and servicing of public facilities including irrigation, cultivation, and replacement of plant material, tree trimming and necessary supplies; personnel, utility, and equipment costs; contract services where applicable; maintenance and servicing of parks, parkway landscaping and medians, drainage facilities, and open space slopes, trails and walls serving the property within the CFD 99-2 District, will include, but not limited to: Parkway Landscaping and Medians and Regional Trails, which includes: a) The south half of the median along Telegraph Canyon Road between the eastern boundary of Sunbow and Pasco Ranchero. b) The west half of the median along Pasco Ranchero between Telegraph Canyon Road and Olympic Parkway. c) The north half of the median along Olympic Parkway between the eastern boundary of' Sunbow and Paseo Ranchero. d) The entire median along East Palomar Street between the eastern boundary of Sunbow and Pasco Ranchero. e) Regional trails along Olympic Parkway. Drainage Facilities, which include: a) A pro-rata share of the detention basin and channel in the Telegraph Canyon drainage area fi.om Pasco Ranchero to the eastern boundary of Sunbow. b) A pro-rata share of the detention basin and channel in the Poggi Canyon drainage area fi.om Pasco Ranchero to the eastern boundary of Sunbow. Open Space, Slopes, Trails, and Walls, which include: a) Connector trails within open space slopes along Telegraph Canyon Road and Olympic Parkway, which are within the public right-of-way or dedicated open space and located within the boundaries of thc District. b) Slope areas adjacent to Telegraph Canyon Road, Pasco Ranchero, East Palomar Street and Olympic Parkway, which are within public open space areas and located within the boundaries of the District. c) Perimeter wails or fences adjacent to Telegraph Canyon Road, Pasco Ranehero, Olympic Parkway, and East Palomar Street which are within public open space areas or within the public right-of-way and located within the boundaries of the District. d) The future Trolley alignment. '7 -// Maintenance shall include the furnishing of services and materials for the ordinary and usual operation, maintenance and servicing of any improvement or appurtenant facilities, including but not limited to the repair, removal, or replacement of all or any part of the improvement or appurtenant facilities, providing for the life, growth, health and beauty of the landscaping. These services also includes but are not limited to the cultivation, irrigation, trimming, spraying, fertilizing, and treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste. Maintenance also means the furnishing of water for the irrigation of the landscaping, the installation of replacement planting or landscaping, or the installation or construction of supplemental facilities including any facilities, which are necessary or convenient for the maintenance of eligible facilities. The foregoing services shall be provided by the City, either with its own maintenance staff or by contract with third party landscape firms, or any combination thereof, as determined by the City. RATE AND METHOD OF APPORTIONMENT FOR CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO. 99-2 ~VILLAGE ONE WEST) ANNUAL SPECIAL TAX A Special Tax shall be levied annually on land within Community Facilities District No. 99-2 (Open Space Maintenance District) of the City of Chula Vista (the '~District"), and collected according to the Special Tax Liability determined by the City of Chula Vista (the "City") through the application of the following procedures. All of the property within the District, unless otherwise exempted by law or the express provisions of the rate and method of apportionment expressed below, shall be taxed to the extent and in the manner provided below. All Special Taxes applicable to Parcels shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, and the Special Taxes so levied will be subject to the same penalties and procedures, sale and lien priority in case of delinquency as is provided for ad valorem taxes. A. DEFINITIONS The terms hereinafter set forth have the following meanings: "Acre or Acreage" means the area o£a Parcel as shown on the latest maps of the Assessor of the County of San Diego, or, if the area of such Parcel is not shown on such Assessor's maps, the area as shown on a current recorded subdivision map, parcel map, record o£ survey or other recorded document creating or describing the Parcel. If the preceding maps are not available, the City Engineer shall determine the area. "Administrative Expenses" means the direct and indirect expenses incurred by the City in carrying out its duties with respect to the District (including, but not limited to, the levy and collection of the Special Taxes) including the £ees and expenses of its counsel. Any fees of the County related to the District or the collection of Special Taxes, an allocable share of the salaries o£ City staff directly related thereto, any amounts paid by the City from its general fund with respect to the District, and expenses incurred by the City in undertaking actions to foreclose on properties for which the payment o£Special Taxes is delinquent, and all other costs and expenses of the City related to the District. "Building Square Foot or Square Footage" means the square footage as shown on the Parcel's building permit(s), excluding garages or other structures not used as living space. "City" means the City of Chula Vista. "I~eveloped Parcel" means Taxable Property for which a foundation building permit or other form of building permit has been issued as of March 1 of the preceding Fiscal Year. "District" means the Open Space Maintenance District-SPA One (Village One West) of the Community Facilities District No. 99-2 of the City of Chula Vista. (Exhibit A) "Facilities" means those improvements defined in Part II of the Special Tax Report dated June 6, 2000 for Community Facilities District No. 99-2 of the City of Chula Vista. "Fiscal Year" means the period starting on July 1 and ending the following June 30. "Future Annexation" means all of the specific Parcels that are subject to a one-time annexation into CFD No.99-2 as depicted in Exhibit B and identified as Parcels 1,2 & 3. In the event such Future Annexation occurs, any such Parcels that are annexed will be subject to the Maximum Special Tax as described in this Rate and Method of Apportionment of Special Tax. The Future Annexation Parcels may be annexed separately over time. "Maximum Special Tax" means the maximum special tax that can be levied within CFD No. 99-2 by the City Council in any Fiscal Year for each Parcel of Taxable Property. "Operating Fund" means a fund that shall be maintained by the District for any Fiscal Year to pay for the actual costs of maintenance, repair, and replacement of the Facilities, and the Administrative Expenses. "Operating Fund Balance" means the amount of funds in the Operating Fund at the end of the preceding Fiscal Year. "Operating Fund Requirement" means for any Fiscal Year an amount equal to the budgeted costs of the maintenance, repair and replacement of the Facilities which have been accepted and maintained by the District or are reasonably expected to be accepted and maintained by the District during the current Fiscal Year plus the budgeted Administrative Expenses of the District for the current Fiscal Year in which Special Taxes are levied. "Parcel" means any San Diego County Assessor's Parcel or portion thereof that is within the boundaries of the District designated on a map of the San Diego County Assessor and which has been assigned a discrete identifying number on the equalized tax rolls of the County. "Reserve Fund" means a fund that shall be maintained to provide necessary cash flow for operations and maintenance for the first six months of each Fiscal Year, working capital to cover maintenance and repair cost overruns and delinquencies that may arise in connection with the collection of Special Taxes and a reasonable buffer against large variations in annual Special Tax amounts. "Reserve Fund Balance" means the amount of funds in the Reserve Fund at the end of the preceding Fiscal Year. "Reserve Fund Requirement" means the required balance in the Reserve Fund equal to up to 100% of the Operating Fund Requirement. "Residential Uses" shall include those residential uses as permitted in the City zoning ordinance. "Special Tax" means the special tax or special taxes actually levied within CFD No. 99-2. "Special Tax Liability" for any Fiscal Year is an amount determined sufficient to pay the costs of the District, including: (i) the amount required to be deposited into the Operating Fund to meet the Operating Fund Requirement, less the Operating Fund Balance, and (ii) the total amount required to be deposited into the Reserve Fund if any, to meet the Reserve Fund Requirement, less the Reserve Fund Balance. "Taxable Property" is all real property or Parcels within the boundaries of the District which are not exempt from the Special Tax pursuant to law, or which are not classified or assigned to the Exempt Category as defined herein. B. CATEGORIES OF SPECIAL TAXES Residential Category: The residential category includes each Developed Parcel within the District, which is zoned for Residential Uses by the City ("Residential Category"). The Maximum Special Tax that may be levied for Fiscal Year 2000/200 l on each Developed Parcel assigned to the Residential Category shall be $.3857 per Building Square Foot, if the annexation of Future Annexation (Parcels 1 & 2) has not occurred or $.3749 per Building Square Foot if the annexation of Future Annexation (Parcels 1 & 2) has occurred, as provided for in the "Assignment to Categories of Special Taxes". Said Maximum Special Tax rates shall be increased or decreased each Fiscal Year thereafter by a factor which shall be the lesser of the annual percentage change in the January to January San Diego Metropolitan Area All Urban Consumer Price Index (All Items) or the annual percentage change in the estimated California Fourth Quarter Per Capita Personal Income as contained in the Governor's budget published every January. Exempt Category The exempt category includes each property owned by, conveyed or irrevocably offered for dedication to a public agency, land which is in the public right-of-way, unmanned utility easements which make utilization for other than the purpose set forth in the easement impractical, common areas, private streets and parks, and open space lots ("Exempt Category"). Vacant Land Category The vacant land category includes each Parcel of Taxable Property assigned to the District not subject to a Special Tax under any other category described above ("Vacant Land Category"). The Maximum Special Tax which may be levied on each Parcel within the Vacant Land Category for Fiscal Year 2000/2001 shall be the rates set forth below (said amount to be levied pro rata for any portion of an Acre). Said Maximum Special Tax shall be increased or decreased each Fiscal Year thereal~er by a factor which shall be the lesser of the annual percentage change in the January to January San Diego Metropolitan Area All Urban Consumer Price Index (All Items) or the annual pementage change in the estimated California Fourth Quarter Per Capita Personal Income as contained in the Governor's budget published every January. · The Maximum Special Tax that may be levied for Fiscal Year 2000/2001 on each Parcel Assigned to the Vacant Land Category shall be $4,766.00 per Acre, if the Future Annexation (Parcels 1 & 2) has not occurred or $4,623.00 per Acre if annexation of Future Annexation (Parcels 1 & 2) has occurred, as provided for in the "Assignment to Categories of Special Taxes". C. ASSIGNMENT TO CATEGORIES OF SPECIAL TAXES On or about July 1 of each year (but in any event in sufficient time to include the levy of the Special Taxes on the County's secured tax roll) the City shall assign each Parcel within the District including Parcels subject to Future Annexation if the Future Annexation has occurred by such date to the Residential Category, Exempt Category, or Vacant Land Category. Parcels subject to levy shall be determined based upon the records of the San Diego County Assessor. D. LEVY AND APPORTIONMENT OF SPECIAL TAXES The City shall determine the Special Tax Liability in each Fiscal Year on or about every July 1 (but in any event in sufficient time to include the levy of the Special 7-/7 Taxes on the County's secured tax roll). Special Taxes shall then be levied on each Parcel assigned to the Residential Category, and Vacant Land Category in the following order of priority: Step 1:Determine the maximum revenue, which could be generated by multiplying the total Building Square Footage of all Developed Parcels assigned to the Residential Category by the Maximum Special Tax per Building Square Foot. Step 2: If the total Special Tax revenue as calculated in Step 1 is greater than the Special Tax Liability, reduce the Special Tax for each Parcel proportionately so that the Special Tax levy for the Fiscal Year is equal to the Special Tax Liability for the Fiscal Year. Step 3: If the total Special Tax revenue as calculated in Step 1 is less than the Special Tax Liability, a Special Tax shall be levied upon each Parcel assigned to the Vacant land Category. The Special Tax for the Vacant Land Category shall be calculated as the lessor ot5 (i) The Special Tax Liability, less the total of funds generated for all Parcels under Step 1 above, divided by the total Acres for all Parcels assigned to the "Vacant Land Category". (ii) the Maximum Special Tax rate for Parcels within the Vacam Land Category. However, in the event it is determined that the Special Tax Liability includes delinquent Special Taxes from Parcels in the Vacant Land Category from the prior Fiscal Year, the City shall determine the amoum of such delinquent Special Taxes that arose from such Parcels and idemify the owner(s). The amount of delinquent Special Taxes, if any, that arose from each owner shall first be divided by the total Acres owned by such owner(s), and collected from the respective owner with the remaining portion of the Special Tax Liability not related to delinquent Special Taxes to be collected from Parcels in the Vacant Land Category according to the procedure set forth in the preceding paragraph. COIVlMUNITY FACILITIES DISTRICT MELLO-ROOS COMMUNITY FACILITIES ACT 1982 SPECIAL TAX REPORT COMMUNITY FACILITIES DISTRICT NO. 99-2 OTAY RANCH SPA ONE - VILLAGE ONE WEST For the City of Chula Vista 476 Fourth Avenue Chula Vista, California 91910 CI'IY OF CHULA VISTA Prepared by McGill Martin Self, Inc. 310 Third Avenue, Suite B-6 Chula Vista, California 91910 July 26, 2000 TABLE OF CONTENTS Page I. INTRODUCTION ............................................................................... 1 ~. PROJECT DESCRIPTION ...................................................................... 1 ][H. DESCRIPTION AND ESTIMATED COST OF PROPOSED FACILITIES ..................... 2 A. Description of PropQsed Landscape Improvements ........................... 2 B. Estimated Maintenance Cost of Proposed Landscape Improvements ........................................................................ 4 IV. RATE AND METHOD OF APPORTIONMENT OF THE SPECIAL TAX ...................... 4 A. Collection of Special Tax ........................................................... 4 B. Proposed Maximum Taxes ......................................................... 5 C. Accuracy of Information ........................................................... 6 V. BOUNDARIES OF COMMUNITY FAC1LrrIES DISTRICT .................................... 6 VI. GENERAL TERMS AND CONDITIONS ....................................................... 7 A. Substitution Facilities .............................................................. 7 B. Appeals .............................................................................. 7 Exhibits: Exhibit A Recorded Boundary Map Exhibit B Recorded Boundary Map - Future Annexation Parcels Exhibit C List of Landscape Improvements Exhibit D Rate and Method of Apportionment I. INTRODUCTION WHEREAS, the City of Chula Vista did, pursuant to the provision of the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (hereinafter referred to as the "Act"), and specifically Section 53321.5 thereof, expressly order the filing of a written "Report" with the legislative body of the proposed Community Facilities District. This Community Facilities District being Community Facilities District No. 99-2 (Otay Ranch Spa One - Village One West) shall hereinafter be referred to as: . "CFD No. 99-2"; and WHEREAS, the Resolution Ordering and Directing the Preparation of a Report for Proposed Community Facilities District No. 99-2 did direct that said Report generally contain the following: FACILITIES: A full and complete description of the landscape elements to be maintained into perpetuity. COST ESTIMATE: A general cost estimate setting forth costs of maintaining such landscape areas, as well as funding the administrative costs, reserves and stafftime. SPECIAL TAX: Further particulars and documentation regarding the rate and method of apportionment for the authorized special tax. NOW, THEREFORE, I, John Lippitt P.E., the Director of Public Works of the City of Chula Vista, and the appointed responsible officer directed to prepare this Special Tax Report or cause the Report to be prepared pursuant to the provisions of the Act, do hereby submit this Report. H. PROJECT DESCRIPTION The proposed boundary of CFD No. 99-2 encompasses parcels located within the Otay Ranch SPA One - Village One West. Otay Project LLC owns most of the property within the proposed district boundaries (approximately 126 acres and 559 proposed units). In addition, LB/L RWR Otay 62LLC and LB/L RWR Otay 91LLC has purchased Planning Areas R51A, RS1B, R52A, R51B, R53 and R49B (approximately 54.8 acres and 212 proposed units). Staffhas reviewed the proposed boundary map and found it acceptable. The County Assessor's parcels are as modified by the recording of the Maps #18396 related to Olympic Parkway and #13990 related to Pasco Ranchero. These recorded maps create the legal parcels for the purpose of forming this CFD. A reduced copy of the Recorded Map is presented in Exhibit A. Three (3) parcels (Future Annexation Parcels 1, 2 & 3) within the Village One West and are not within the proposed boundaries of CFD No. 99-2 (Exhibit B) at this time. Otay Project LLC has closed escrow on the Future Annexation Parcels 1 & 2. However, due to the timing Otay Ranch LLC closing, the City will need to complete the formation of this CFD 99-2 first, then the Otay Ranch LLC can initiate the annexation proceedings for these future annexation parcels. At this Community Facilities Distr~ct No. 99-2 Page l Otay Ranch Spa One - Village One West July 26, 2000 time, the Otay Ranch LLC is in discussions with Sunbow related to this remaining Future Annexation Parcel 3 and will initiate the proceedings at a future date. The Otay Ranch SPA One - Village One West is currently within the CFD 97-2 for Improvement Area "B" only (undeveloped land). Upon subdividing the undeveloped property within CFD 97- 2, the property is then required to convert over to Improvement Area "A" and would be subject to assuming the payment of a special tax levy for the annual operation and maintenance of the Preserve Maintenance District. This annexation is part of the proceeding being undertaken tonight, as well as setting up a procedure for the Future Annexation Parcels (1, 2 & 3) to be brought into Improvement Area "A". As noted above, Council has initiated proceedings "Annexation in the Future Proceedings" for these parcels. These Resolutions will establish the legal authorization to annex such parcels at some future date upon the consent of the owner of such property given at the time of annexation and without the necessity ora formal election. It should be noted that upon annexation of Future Parcels 1 & 2 (combined 28 units), the maximum tax rate for Developed Parcel assigned to the Residential Category and for Parcel assigned to the Vacant Land Category shall be adjusted as described in the Rate and Method of Apportionment of Special Taxes for CFD 99-2. Special taxes for CFD No. 99-2 (Otay Ranch Spa One - Village One West) shall be levied to Taxable Property to satisfy the Special Tax Requirement as follows: · Developed Residential Property based on the square footage of the structure; · Vacant Land, which includes all parcels for which a building permit has not been issued. HI[. DESCRIPTION AND ESTIMATED COST OF PROPOSED FACILITIES A. Description of Proposed Landscape Improvements The proposed CFD No. 99-2 will fund the operation and maintenance of the public landscaping improvements (i.e., open space slopes, trails, proportionate share of detention basins, drainage channels, parkways and medians) within the Otay Ranch SPA One - Village One West. A complete list of facilities is presented in Exhibit C. The taxes levied within the district will provide for the maintenance of all those common improvements (i.e., medians, parkways, drainage improvements, etc.) providing benefit to all of Otay Ranch SPA One - Village One West (regardless of ownership). In addition, the taxes levied will provide for thc maintenance of open space, slopes, trails, the future trolley alignment open space area, and walls within the public open space lots. Otay Project LP will dedicate open space parcels to the City over the slopes fronting Pasco Ranchero, Telegraph Canyon Road, East Palomar Street, and Olympic Parkway, as well as the proposed trolley alignment open space parcels. The City of Chula Vista, then would dedicate the trolley alignment in the future for trolley uses. Currently, trolley construction is expected to commence in 5-10 years. Community Facilities District No. 99-2 Page 2 Otay Ranch Spa One - Village One West Ju~y 26, 2000 The developer has formed The Otay Ranch One Master Homeowners' Association (MHOA), which will complement the maintenance obligations of the district. The MHOA will maintain the entry monuments at the major entrances to the project, minor private open space lots within the subdivision, parkways along private local and collector streets, and private pedestrian parks. The CC&R for the MHOA will address maintenance, liability and insurance issues. Following is a general description of the proposed facilities: 1) Parkway Landscaping and Medians and Regional Trails, which includes: · The south half of the median along Telegraph Canyon Road between the eastern boundary of Sunbow and Pasco Ranchero. · The west half of the median along Pasco Ranchero between Telegraph Canyon Road and Olympic Parkway. · The north half of the median along Olympic Parkway between the eastern boundary of Sunbow and Paseo Ranchero. · The entire median along East Palomar Street between the eastern boundary of Sunbow and Paseo Ranchero. · The future Trolley alignment. · Regional trails along Telegraph Canyon Road, Pasco Ranchero, Olympic Parkway and the future Trolley alignment. 2) Drainage Facilities, which include: · A pro-rata share of the detention basin and channel in the Telegraph Canyon drainage area from Paseo Ranchero to the eastern boundary of Sunbow. · A pro-rata share of the detention basin and channel in the Poggi Canyon drainage area from east ofPaseo Ranchero to the eastern boundary of Sunbow. 3) Open Space, Slopes, Trails, and Walls, which include' · Connector trails within open space slopes along Telegraph Canyon Road and Olympic Parkway, which are within the public right-of-way or dedicated open space and located within the boundaries of the District. · Slope areas adjacent to Telegraph Canyon Road, Pasco Ranchero, East Palomar Street and Olympic Parkway, which are within public open space areas and located within the boundaries of the District. · Perimeter walls or fences adjacent to Telegraph Canyon Road, Pasco Ranchero, Olympic Parkway, and East Palomar Street which are within public open space areas or within the public right-of-way and located within the boundaries of the District. Community Facilities District No. 99-2 Page 3 Otay Ranch Spa One - Village One West July 26, 2000 B. Estimated Maintenance Cost of Proposed Landscape Improvements The estimated annual budget for CFD No. 99-2 is approximately $648,183.00. This budget includes a total of $549,820.00 (includes additional 10% for reserve) for maintenance, professional services, water usage, and electrical, and $98,363.00 for CFD administration and operations overhead for staff services (preparing reports, levying and collecting taxes, public assistance, etc.) by the Engineering Division. Staff (Parks & Open Space and Engineering) has reviewed and approved the proposed budget. The City of Chula Vista's Open Space Department and Coordinator have reviewed the annual budget, cost estimates, and has verified at which level of maintenance unit costs are acceptable for this CFD. IV. RATE AND METHOD OF APPORTIONMENT OF THE SPECIAL TAX All of the property located within CFD No. 99-2, unless exempted by law, shall be taxed for the purpose of providing necessary facilities to serve CFD No. 99-2. Pursuant to Section 53325.3 of the Act, the tax imposed "is a Special Tax and not a special assessment, and there is no requirement that the tax be apportioned on the basis of benefit to any property." The Special Tax "may be based on benefit received by parcels of real property, the cost of making facilities or authorized services available to each parcel or other reasonable basis as determined by the legislative body," although the Special Tax may not be apportioned on an ad valorem basis pursuant to Article XIIIA of the California Constitution. As shown in Exhibit D, the Rate and Method of Apportionment provides information sufficient to allow each property owner within CFD No. 99-2 to estimate the maximum annual Special Tax he or she will be required to pay. Sections A through C, below, provide additional information on the Rate and Method of Apportionment of the Special Tax for CFD No. 99-2. A. Collection of Special Taxes At the beginning of each fiscal year the City shall determine the amount of the Special Tax Liability (budget plus reserve). Then, the special taxes will first be levied on the Residential Developed Parcels. If the special tax levied on Residential Developed Property is not enough to meet the annual Special Tax Liability, as may be the case in the early years of development, the district will levy a tax on the Vacant Land. The buffer of having the Vacant Land covering any remaining costs will not be available once the area has been fully developed. If the annual Special Tax Liability is less than the available maximum tax from the Developed Parcels, the special taxes to be levied in that specific year will be reduced accordingly. Following is a brief discussion of some key issues regarding the "Rate and Method of Apportionment (RMA) of the Special Taxes": (See Exhibit D for full description of RMA) · The maximum special taxes may be adjusted each year for inflation using a factor equal to the lesser of the annual change of the San Diego Consumer Price Index or the California Fourth Quarter Per Capita Personal Income. Community Facilities District No. 99-2 Page 4 Otay Ranch Spa One - Village One West Jul), 26, 2000 The "City of Chula Vista Community Facilities District Ordinance" requires that the developer maintain the landscaping improvements for a minimum period of one year. During this period, the City will collect the special taxes with the purpose of building up a six months operating reserve. The special tax formula provides that the annual budget for any year may include an amount deemed necessary to maintain an adequate level of reserve fund. · The maximum tax rates are based on the best estimate by the developers of the square footage of residential develapment at buildout (reduced by 15% margin of error). This assumed reduction in total square footage has the net result of raising the maximum tax that can be levied on future {esidential parcels to account for any loss in projected square footage and the corresponding special tax revenue. · The special tax formula provides that any cost due to delinquent taxes on vacant land shall be apportioned to the project where the delinquent parcels are located. · The annual budget used to calculate the tax rates are only the "best estimates" of the cost of maintenance at buildout. There is always a risk that actual expenses in future years may be higher than the total maximum collectable taxes. This may result in reduced levels of maintenance of the landscaping, unless the property owners approve an increase in the tax rates (2/3 voter's approval is required), which is considered unlikely. Staff believes, however, that the proposed tax rates contain enough of a cushion in the reserve, the inflation adjustment, and the assumed reduction of total square footage to minimize future problems. B. Proposed Maximum Taxes The proposed maximum special tax rates for fiscal year 2000/01 for a typical dwelling unit within CFD 99-2 is as follows: Unit Type with Average Square Footage Village One West at $.3857/SF Single Family Detached (Largest Average Product Proposed for Village One West at 3,619 SF) $1,396.00 Single Family Detached (Smallest Average Product Proposed for Village One West at 2,016 SF) $777.00 Vacant Land $4,766/Acre After the Future Annexation Parcels (Parcels 1 & 2) are annexed into CFD 99-2, the maximum special tax rates for the subsequent years will approximately be is reduced to the following: Community Facilities DiMrict No. 99-2 Page 5 Otay Ranch Spa One- Village One West July 26, 2000 Unit Type with Average Square Footage Village One West at $.3749/SF Single Family Detached (Largest Average Product Proposed for Village One West at 3,619 SF) $1,353.00 Single Family Detached (Smallest Average Product Proposed for Village One West at 2,016 SF) $754.00 Vacant Land $4,623/Acre It should be noted that actual amount of reduction will depend on the final number of units and square footage of these units. C. Accuracy of Information In order to establish the Maximum Annual Special Tax rates and the Backup Special Tax as set forth in the Rate and Method of Apportionment for CFD No. 99-2, McGill Martin Self, Inc. has relied on information including, but not limited to absorption, land-use types, building square footage, and net taxable acreage which were provided to McGill Martin Self, Inc. by others. McGill Martin Self, Inc. has not independently verified such data and disclaims responsibility for the impact of inaccurate data provided by others, if any, on the Rate and Method of Apportionment for CFD No. 99-2, including the inability to meet the financial obligations of CFD No. 99-2. V. BOUNDARIES OF COMMUNITY FACIJLITIES DISTRICT The boundaries of CFD No. 99-2 include certain lands located within Village One West of the Otay Ranch Special Planning Area (SPA) One. Otay Ranch LLC owns most of the property within the proposed district boundaries (approximately 126 acres and 559 proposed units). In addition, LB/L RWR Otay 62LLC and LB/L RWR Otay 91LLC has pumhased Planning Areas R51A, R51B, R52A, R51B, R53 and R49B (approximately 54.8 acres and 212 proposed units). A recorded map of the lands included within CFD No. 99-2 is provided as Exhibit A. Three (3) parcels (Future Annexation Parcels 1, 2 & 3) located within Village One West are currently not owned by the developer and are not within the proposed boundaries of CFD No. 99-2 (Exhibit B) at this time. Otay Project LLC is in the process of closing escrow in the Future Annexation Parcels 1 & 2 and will have these two areas within their ownership ax the close of these formation proceedings. However, due to the timing of Otay Ranch LLC's closing, the City will first need to complete the formation of this CFD 99-2, then Otay Ranch LLC can initiate the annexation proceedings for these future annexation parcels. At this time, the Otay Ranch LLC is in discussion with Sunbow relative to this remaining Future Annexation Parcel 3. Community Facilities District No. 99-2 Page 6 Otay Ranch Spa One - Village One West July 26, 2000 VI. GENERAL TERMS ANO CONOITIONS A. Substitution Facilities The description of the public facilities, as set forth herein, is general in their nature. The final nature and location of improvements and facilities will be determined upon the preparation of final plans and specifications. The final plans may show substitutes, in lieu or modifications to the proposed work in order to accomplish the work of improvement, and any such substitution shall not be a change or modification in the proceedings as long as the facilities provide a service and are of a type substantially similar to that as set forth in this Report. B. Appeals Any landowner who feels that the amount of the Special Tax is in error may file a notice with CFD No. 99-2, appealing the levy of the Special Tax pursuant to the procedure specified. As appropriate a representative of CFD No. 99-2 will then review the appeal and, if necessary, meet with the applicant. If the findings of the representative verify that the amount of the Special Tax should be modified or changed, then, as appropriate, the Special Tax levy shall be corrected. Communit~ Facilities District No. 99-2 Page 7 Otay Ranch Spa One Village One West July 26, 2000 List of Public Facilities The proposed services include all direct, administrative, and incidental annual costs regarding the CFD operations and expenses related to providing for the maintenance and servicing of public facilities including irrigation, cultivation, and replacement of plant material, tree trimming and necessary supplies; personnel, utility, and equipment costs; contract services where applicable; maintenance and servicing of parks, parkway landscaping and medians, drainage facilities, and open space slopes, trails and walls serving the property within the CFD 99-2 District, will include, but not limited to: Parkway Landscaping and Medians and Regional Trails, which includes: a) The south half of the median along Telegraph Canyon Road between the eastern boundary of Sunbow and Pasco Ranchero. b) The west half of the median along Pasco Ranchero between Telegraph Canyon Road and Olympic Parkway. c) The north half of the median along Olympic Parkway between the eastern boundary of Sunbow and Pasco Ranchero. d) The entire median along East Palomar Street between the eastern boundary of Sunbow and Pasco Ranchero. e) Regional trails along Olympic Parkway. Drainage Facilities, which include: a) A pro-rata share of the detention basin and channel in the Telegraph Canyon drainage area from Pasco Ranchero to the eastern boundary of Sunbow. b) A pro-rata share of the detention basin and channel in the Poggi Canyon drainage area from Pasco Ranchero to the eastern boundary of Sunbow. Open Space, Slopes, Trails, and Walls, which include: a) Connector trails within open space slopes along Telegraph Canyon Road and Olympic Parkway, which are within the public right-of-way or dedicated open space and located within the boundaries of the District. b) Slope areas adjacent to Telegraph Canyon Road, Paseo Ranchero, East Palomar Street and Olympic Parkway, which are within public open space areas and located within the boundaries of the District. c) Perimeter walls or fences adjacent to Telegraph Canyon Road, Pasco Ranchero, Olympic Parkway, and East Palomar Street which are within public open space areas or within the public right-of-way and located within the boundaries of the District. d) The future Trolley alignment. Maintenance shall include the furnishing of services and materials for the ordinary and usual operation, maintenance and servicing of any improvement or appurtenant facilities, including but not limited to the repair, removal, or replacement of all or any part of the improvement or appurtenant facilities, providing for the life, growth, health and beauty of the landscaping. These services also includes but are not limited to the cultivation, irrigation, trimming, spraying, fertilizing, and treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste. Maintenance also means the furnishing of water for the irrigation of the landscaping, the installation of replacement planting or landscaping, or the installation or construction of supplemental facilities including any facilities, which are necessary or convenient for the maintenance of eligible facilities. The forgoing services shall be provided by the City, either with its own maintenance staffor by contract with third party landscape firms, or any combination thereof, as determined by the City. RATE AND METHOD OF APPORTIONMENT FOR CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO. 99-2 (VILLAGE ONE WEST) ANNUAL SPECIAL TAX A Special Tax shall be levied annually on land within Community Facilities District No. 99-2 (Open Space Maintenance District) of the City of Chula Vista (the '~I)istrict'), and collected according to the Special Tax Liability determined by the City of Chula Vista (the "City") through the application of the following procedures. All of the property within the District, unless otherwise exempted by law or the express provisions of the rate and method of apportionment expressed below, shall be taxed to the extent and in the manner provided below. All Special Taxes applicable to Parcels shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, and the Special Taxes so levied will be subject to thc same penalties and procedures, sale and lien priority in case of delinquency as is provided for ad valorem taxes. A. DEFINITIONS The terms hereinafter set forth have the following meanings: "Acre or Acreage" means the area ora Parcel as shown on the latest maps of the Assessor of the CoLmty of San Diego, or, if the area of such Parcel is not shown on such Assessor's maps, the area as shown on a current recorded subdivision map, parcel map, record of survey or other recorded document creating or describing the Parcel. If the preceding maps are not available, the City Engineer shall determine the area. "Administrative Expenses" means the direct and indirect expenses incurred by the City in carrying out its duties with respect to the District (including, but not limited to, the levy and collection of the Special Taxes) including the fees and expenses of its counsel. Any fees of the County related to the District or the collection of Special Taxes, an allocable share of thc salaries of City staff directly related thereto, any amounts paid by the City from its general fund with respect to the District, and expenses incurred by the City in undertaking actions to foreclose on properties for which the payment of Special Taxes is delinquent, and all other costs and expenses of the City related to the District. "Building Square Foot or Square Footage" means the square footage as shown on the Parcel's building permit(s), excluding garages or other structures not used as living space. "City" means the City of Chula Vista. "Developed Parcel" means Taxable Property for which a foundation building permit or other form of building permit has been issued as of March 1 of the preceding Fiscal Year. "District" means the Open Space Maintenance District-SPA One (Village One West) of the Community Facilities District No. 99-2 of the City of Chula Vista. (Exhibit A) "Facilities" means those improvements defined in Part II of the Special Tax Report dated June 6, 2000 for Community Facilities District No. 99-2 of the City of Chula Vista. "Fiscal Year" means the period starting on July 1 and ending the following June 30. "Future Annexation" means all of the specific Parcels that are subject to a one-time annexation into CFD No.99-2 as depicted in Exhibit B and identified as Parcels 1,2 & 3. In the event such Future Annexation occurs, any such Parcels that are annexed will be subject to the Maximum Special Tax as described in this Rate and Method of Apportionment of Special Tax. The Future Annexation Parcels may be annexed separately over time. "Maximum Special Tax" means the maximum special tax that can be levied within CFD No. 99-2 by the City Council in any Fiscal Year for each Parcel of Taxable Property. "Operating Fund" means a fund that shall be maintained by the District for any Fiscal Year to pay £or the actual costs of maintenance, repair, and replacement of the Facilities, and the Administrative Expenses. "Operating Fund Balance" means the amount o£ funds in the Operating Fund at the end of the preceding Fiscal Year. "Operating Fund Requirement" means £or any Fiscal Year an amount equal to the budgeted costs of the maintenance, repair and replacement of the Facilities which have been accepted and maintained by the District or are reasonably expected to be accepted and maintained by the District during the current Fiscal Year plus the budgeted Administrative Expenses of the District for the current Fiscal Year in which Special Taxes are levied. "Parcel" means any San Diego County Assessor's Parcel or portion thereof that is within the boundaries of the District designated on a map of the San Diego County Assessor and which has been assigned a discrete identifying number on the equalized tax rolls of the County. -2- "Reserve Fund" means a fund that shall be maintained to provide necessary cash flow for operations and maintenance for the first six months of each Fiscal Year, working capital to cover maintenance and repair cost overruns and delinquencies that may arise in connection with the collection of Special Taxes and a reasonable buffer against large variations in annual Special Tax amounts. "Reserve Fund Balance" means the amount of funds in the Reserve Fund at the end of the preceding Fiscal Year. "Reserve Fund Requirement" means the required balance in the Reserve Fund equal to up to 100% of the Operating Fund Requirement. "Residential Uses" shall include those residential uses as permitted in the City zoning ordinance. "Special Tax" means the special tax or special taxes actually levied within CFD No. 99-2. "Special Tax Liability" for any Fiscal Year is an amount determined sufficient to pay the costs of the District, including: (i) the amount required to be deposited into the Operating Fund to meet the Operating Fund Requirement, less the Operating Fund Balance, and (ii) the total amount required to be deposited into the Reserve Fund if any, to meet the Reserve Fund Requirement, less the Reserve Fund Balance. "Taxable Property" is all real property or Parcels within the boundaries of the District which are not exempt fi.om the Special Tax pursuant to law, or which are not classified or assigned to the Exempt Category as defined herein. B. CATEGORIES OF SPECIAL TAXES Residential Category: The residential category includes each Developed Parcel within the District, which is zoned for Residential Uses by the City (~'Residential Category"). · The Maximum Special Tax that may be levied for Fiscal Year 2000/2001 on each Developed Parcel assigned to the Residential Category shall be $.3857 per Building Square Foot, if the annexation of Future Annexation (Parcels 1 & 2) has not occurred or $.3749 per Building Square Foot if the annexation of Future Annexation (Parcels 1 & 2) has occurred, as provided for in the "Assignment to Categories of Special Taxes". Said Maximum Special Tax rates shall be increased or decreased each Fiscal Year thereafter by a factor which shall be the lesser of the annual percentage change in the January to January San Diego Metropolitan Area All Urban Consumer Price Index -3- (All Items) or the annual percentage change in the estimated California Fourth Quarter Per Capita Personal Income as contained in the Governor's budget published every January. Exempt Category The exempt category includes each property owned by, conveyed or irrevocably offered for dedication to a public agency, land which is in the public right-of-way, unmanned utility easements which make utilization for other than the purpose set forth in the easement impractical, common areas, private streets and parks, and open space lots ("Exempt Category"). Vacant Land Category The vacant land category includes each Parcel of Taxable Property assigned to the District not subject to a Special Tax under any other category described above ("Vacant Land Category"). The Maximum Special Tax which may be levied on each Parcel within the Vacant Land Category for Fiscal Year 2000/2001 shall be the rates set forth below (said amount to be levied pro rata for any portion of an Acre). Said Maximum Special Tax shall be increased or decreased each Fiscal Year thereafter by a factor which shall be the lesser of the annual percentage change in the January to January San Diego Metropolitan Area All Urban Consumer Price Index (All Items) or the annual percentage change in the estimated California Fourth Quarter Per Capita Personal Income as contained in the Governor's budget published every January. · The Maximum Special Tax that may be levied for Fiscal Year 2000/2001 on each Parcel Assigned to the Vacant Land Category shall be $4,766.00 per Acre, if the Future Annexation (Parcels 1 & 2) has not occurred or $4,623.00 per Acre if annexation of Future Annexation (Parcels 1 & 2) has occurred, as provided for in the "Assignment to Categories of Special Taxes". C. ASSIGNMENT TO CATEGORIES OF SPECIAL TAXES On or about July 1 of each year (but in any event in sufficient time to include the levy of the Special Taxes on the County's secured tax roll) the City shall assign each Parcel within the District including Parcels subject to Future Annexation if the Future Annexation has occurred by such date to the Residential Category, Exempt Category, or Vacant Land Category. Parcels subject to levy shall be determined based upon the records of the San Diego County Assessor. D. LEVY AND APPORTIONMENT OF SPECIAL TAXES The City shall determine the Special Tax Liability in each Fiscal Year on or about every July 1 (but in any event in sufficient time to include the levy of the Special Taxes on the County's secured tax roll). Special Taxes shall then be levied on each Parcel assigned to the Residential Category, and Vacant Land Category in the following order of priority: Step 1:Determine the maximum revenue, which could be generated by multiplying the total Building Square Footage of all Developed Parcels assigned to the Residential Category by the Maximum Special Tax per Building Square Foot. Step 2: If the total Special Tax revenue as calculated in Step 1 is greater than the Special Tax Liability, reduce the Special Tax for each Parcel proportionately so that the Special Tax levy for the Fiscal Year is equal to the Special Tax Liability for the Fiscal Year. Step 3: If the total Special Tax revenue as calculated in Step 1 is less than the Special Tax Liability, a Special Tax shall be levied upon each Parcel assigned to the Vacant land Category. The Special Tax for the Vacant Land Category shall be calculated as the lessor of.' (i) The Special Tax Liability, less the total of funds generated for all Parcels under Step 1 above, divided by the total Acres for all Parcels assigned to the "Vacant Land Category". oP,, (ii) the Maximum Special Tax rate for Parcels within the Vacant Land Category. However, in the event it is determined that the Special Tax Liability includes delinquent Special Taxes from Parcels in the Vacant Land Category from the prior Fiscal Year, the City shall determine the amount of such delinquent Special Taxes that arose from such Parcels and identify the owner(s). The amount of delinquent Special Taxes, if any, that arose from each owner shall first be divided by the total Acres owned by such owner(s), and collected from the respective owner with the remaining portion of the Special Tax Liability not related to delinquent Special Taxes to be collected from Parcels in the Vacant Land Category according to the procedure set forth in the preceding paragraph. -5- _... - ! - Community Facilities District No. 97-2 July 1, 1998 Page ~1, I Part IV - Rate and Method of Apportionment of Special Taxes ANNUAL TAX A Special Tax shall be levied annually on each Parcel of land within the Preserve Maintenance District, Community Facilities District No. 97-2 of the City of Chula Vista (the "Distri.ct"}, and collected according to the Special Tax Liability, determined by the City of Chula Vista (the "City") t~rough the application of the following procedures. All of th~ [broperty within the District, unless otherwise exempted by law or the express prOVisions of the rate and method of apportionment expressed below, shall be taxed to the extent and in the manner provided below. All Parcels within the District are inctuded within either Improvement Area A or Improvement Area B. A map of the Improvement areas is included as Exhibit B. All Special Taxes applicable to Parcels be collected in the same manner and at the same time as ordinary ad valorem properly taxes, and Special Taxes so levied will be subject to the same penalties and procedures, sale and lien priority in case of delinquency as is provided for ad valorem taxes. DEFINITIONS Acre or Acreage means the area of a Parcel as shown on the latest maps of the Assessor of the County of San Diego, or if the area of such Parcel is not shown on such Assessor's maps, the area as shown on a current recorded subdivision map, parcel map, record of survey or other recorded document creating or describing .the Parcel. If the preceding maps are net available, the area shall be determined by the City Engineer. Administrative Expenses means the direct and indirect expenses incurred by the City in carrying out its duties with respect to the District (including, but not limited to, the levy and collection of the special taxes) including the fees and expenses of its counsel1 any fees of the County related to the District or the collection of special ~'~xesl an allocable share of the salaries of City staff directly related thereto and a proportionate amount of the City's general administrative overhead related thereto, any amounts paid by the City from its general fund with respect to the District, and all other costs and expenses cf the City related to the District. Building Square Foot or Square Footage means the square footage as shown on a Parcel's building permit, excluding garages or other structures not used as living space. City means the City of Chula Vista. M:\$project\chulavis\psrvmainS.doc .. Community Facilities District No. 97-2 July 1, 1998 -.. · Page ~ ~ Preserve Operations and Maintenance Fund Requirement means for any Fiscal Year an amount applicable to Improvement Area A equal to the budgeted costs for ~- Preserve Operations and Maintenance plus a pro-rata share of the budgeted : :~ Administrative Expenses of the District for the current Fiscal Year in which Special Taxes are levied. Residential Parcels shall include each Parcel within the District which is zoned for Residential Uses by the City. R~S~dential Uses shall include those residential uses as permitted in the City zoning ordinance. Reserve Fund means a fund that shall be maintained for each Improvement Area to provide necessary cash flow for the first six months of each Fiscal Year, working capital to cover monitoring, maintenance and repair cost overruns and delinquencies that may arise in connection with the collection of Special Taxes and a reasonable buffer against large variations in annual special tax amounts. Reserve Fund Balance means the amount of funds in the Reserve Fund at the end of the preceding Fiscal Year. Reserve Fund Requirement means an amount equal to up to 100% of the Operating Fund Requirement for any Fiscal Year. Resource Monitoring Program means those activities defined in Part II [3. of the Special Tax Report dated July 1, 1998 for Community Facilities District No~ 97-2 of the City of Chula Vista. Resource Monitoring Fund Requirement means for any Fiscal Year an amount for each Improvement Area equal to the Improvement Area's fair share of the budgeted costs of the Resource Monitoring Program plus a pro rata share of the budgeted Administrative Expenses of the District for the current Fiscal Year in which,, Special Taxes are levied. An Improvement Area's '~air share" shall be based upon the Improvement Area's percentage of the total acreage within the Otay Ranch General Development Plan Planning Area for which a Resource Monitoring Program funding mechanism has been established. Special Tax means the special tax or special taxes actually levied within CFD No. 97-2 each Fiscal Year. Special Tax Liability for any Fiscal Year is an amount sufficient to pay the costs of an Improvement Area within the District equal to: (i) the Resource Monitoring Fund Requirement, and Preserve Operations and Maintenance Fund Requirement, less the Operating Fund Balance, and (ii) the Reserve Fund Requirement, less the Reserve Fund [3alance. Commanity Facilities District No. 97-2 July 1, 1998 Page Tax Categories are those Categories I, II and 111 described in the body hereof. Taxable Property is all real property or Parcels within the boundaries of the District which are not exempt from the Special Tax pursuant to the law or which are not classified or assigned to the Exempt Category as defined herein. Cateqories of Special Taxes C~t~go~ I Category I includes each Developed Parcel within the District. (Category I) The Maximum Special Tax for Resource Monitoring, and Preserve Operations and Maintenance that may be levied for Fi.s,cal Year 1998/99 on each Developed Parcel shall be at the rates set forth in Table 1 below. For Residential Parcels the Special Tax shall be levied based upon Building Square Footage and for Non-Residential Parcels shall be levied based on Acreage. The Maximum Special Tax shall be increased or decreased each Fiscal Year thereafter by a factor which is the lesser of the annual - percentage change in the January to January San Diego Metropolitan Area All Urban Consumer Price Index (All Items) or the annual percentage change in the estimated California Fourth Quarter Per Capita Personal Income as contained in the Governor's budget published every January. TABLE 1 Maximum Special Tax Category I Resource Operation & Monitoring Maintenance Residential Parcels $0.0049 per sq. ft. $0.0078 per sq. ft. Non-Residential Parcels $80.96 per Acre $128.53 per Acre Category I[ Category I1 includes each Parcel of Taxable Property within the District for which a Final Map has been recorded, but which is not classified as a Developed Parcel (Category Il). The Maximum Special Tax for Resource Monitoring, and Preserve Operations and Maintenance that may be levied for Fiscal Year 1998/99 on each Parcel in Category II shall be as shown in Table 2 below (said amount to be levied pro rata for any portion of an Acre). Said Maximum Special Tax shall be increased or decreased each Fiscal Year thereafter by a factor which is the lesser of the annual percehtage change in the January to January San Diego Metropolitan Area All Urban Consumer Price Index (A!I Items) or the annual percentage change in the estimated California Fourth Quarter Per Community Facilities District No. 9%2 July 1, -1998 Page ~'~ Capita Personal Income as contained in the Govemods budget published every January. . TABLE 2 Maximum Special Tax Category I1 Resource Operation & Monitoring Maintenance $80.96 per Acre $128.53 per Acre Category III Category III includes each Parcel of Taxable Property wi.thin the District not subject to a Special Tax under any other category ("Category II1"). The Maximum Special Tax which may be levied for Fiscal Year 1998/99 on Taxable Property within Category 111 shall be as shown in Table 3 below (said amount to be levied pro rata for any portion of an' Acre)~ Said Maximum Special Tax shall be increased or decreased each Fiscal Year' thereafter by a factor which is the lesser of the annual percentage change in the January to January San Diego Metropolitan Area All Urban Consumer Price Index (All Items) or the annual percentage change in the estimated California Fourth Quarter Per Capita Personal Income as contained in the Governor's budget published every January. TABLE 3 Maximum Special Tax Category Resource I Operation & Monitoring I Maintenance $51.21 per Acre j $81.30 per Acre Exempt Category The Exempt Category includes each property owned, conveyed or irrevocably offered for dedication to a public agency, or land which is in the public right-of-way, unmanned utility easements which make utilization for other than the purpose set forth in the easement impractical, common areas, private streets and parks, and open space lots ("Exempt Category"). Assi,qnment to Cate,qories of Special Tax On or about July 1 of each year, (but in any event in sufficient time to include the levy of the Special Taxes on the County's secured tax roll), the City shall assign each Parcel within the District to Category I, Category II, Category III or the Exempt Category. Parcels subject to levy shall be determined based upon the records of the San Diego County Assessor. M:~$projecl\chulavis\psrvmainS.doc -7 - q t Community Facilities District No. 97-2 July 1, 1998 Page 1~_ ~ .Levy and Apportionment of Special Taxes The City shall determine the Special Tax Liability for each Improvement Area in each Fiscal Year on or about every July 1. Special Taxes shall then be levied on each Parcel classified as the Category I, Category II, or Category Iit in the following order of priority:' Improvement Area A St~l~ 1: Determine the revenue which could be generated by Parcels assigned to Category I by multiplying the Building Square Footage for Parcels classified as Residential Parcels by the Maximum Special Tax per Building Square Foot for Resource Monitoring, and Preserve Operations and Maintenance for Parcels and adding to that the maximum revenue which could be generated by multiplying the total acres for Parcels classified as Non-Residential Parcels by the Maximum Special Tax per Acre for Resource Monitoring and Preserve Operations and Maintenance. Step 2: If the total revenue as calculated in Step I is greater than the estimated Special Tax Liability for Improvement Area A, reduce the Special Tax for each Parcel proportionately so that the Special Tax levy for the Fiscal Year is equal to the Special Tax Liability for the Fiscal Year. Step 3: If the total revenue as calculated in Step 1 is less than the Special Tax Liability for Improvement Area A, a Special Tax shall be levied upon each Parcel within Improvement Area A, classified as Category II. The Special Tax for Parcels assigned to Category II shall be calculated as the lessor of: (i) The Special Tax Liability for Improvement Area ~, as determined by the City, less the total revenue generated for all Parcels under Step 1 above, divided by the total Acres for all Parcels within Improvement Area A assigned to Category I1, OR (ii) the Maximum Special Tax rate for Parcels assigned to Category II Step 4: If the total revenue as calculated in Step I and 3 is less than the Special Tax Liability, for Improvement Area A, a Special Tax shall be levied upon each Parcel within Improvement Area A classified as Category III. The Special Tax for Parcels assigned to Category III shall be calculated as the lessor of: (i) The Special Tax Liability for Improvement Area A as' determined by the City, less the total revenue generated for all Parcels under Step 1 and 3 above, divided by the total Acres for all Parcels within Improvement Area A assigned to Category III, -7 .. Community Facilities District No. 97-2 July 1, 1998 Page 1~' OR (ii) the Maximum Special Tax rate for Parcels assigned to Category II1 and within Improvement Area A. However, in the event it is determined that the Special Tax Liability for Improvement Area A includes delinquent Special Taxes from Parcels in Category III from the prior Fiscal Year, the City shall determine the amount of delinquent taxes that arose from subh Parcels and identify the owner(s). The amount of delinquent Special Taxes, if any, that arose from the applicable owner(s) shall first be divided by the total Category III Acres owned by such owner(s) and collected from the applicable owner(s) with the remaining portion of the Special Tax Liability not related to delinquent Special Taxes to be collected from all Parcels in Category III according to the procedure set forth in the preceding paragraph. Improvement Area Step 1: Determine the revenue which could be generated by Parcels assigned to Improvement Area B for Resource Monitoring by multiplying the total Acres for Parcels assigned to Category III by the Maximum Special Tax for Category Ill. Step 2: If the total revenue as calculated in Step 1 is greater than the Special Tax Liability for Improvement Area B, reduce the Special Tax for each Parcel proportionately so that the Special Tax levy for the Fiscal Year is equal to the Special Tax Liability for Improvement Area B for the Fiscal Year. However, in the event it is determined that the Special Tax Liability for Improvement - Area B includes delinquent Special Taxes from Parcels in Category III from the prior Fiscal Year, the City shall determine the amount of delinquent taxes that arose from such Parcels and identify the owner(s). The amount of delinquent Special Taxes, if any, that arose from the applicable owner(s) shall first be divided by the total Category III Acres owned by such owner(s) and collected from the applicable owner(s')"with the remaining portion of the Special Tax Liability not related to delinquent Special Taxes to be collected from all Parcels in Category III according to the procedure set forth in the Step 1 and Step 2 above. M:'~project\Gh ulavis\psrvmain 8.doc ~ ~q5 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 99-2 (OTAY RANCH SPA ONE - VILLAGE ONE WEST) DECLARING THE RESULTS OF A SPECIAL ELECTION 1N SUCH COMMUNITY FACILITIES DISTRICT WHEREAS, the CITY CO..UNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the "City Council"), has previously undertaken proceedings to create and did establish a Community Facilities District pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982," being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act") and the City of Chula Vista Community Facilities District Ordinance enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California (the "Ordinance") (the Act and the Ordinance may be referred to collectively as the "Community Facilities District Law"). This Community Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO. 99-2 (OTAY RANCH SPA ONE - VILLAGE ONE WEST) (the "District"); and, WHEREAS, this City Council did call for and order to be held an election to submit to the qualified electors of the District a proposition relating to the levy of special taxes and a separate proposition relating to the establishment of an appropriations limit for the District; and, WHEREAS, at this time said election has been held and the measures voted upon and each such measure did receive the favorable 2/3's vote of the qualified electors, and this City Council desires to declare the results of the election in accordance with the provisions of the Elections Code of the State of California. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 99-2 (OTAY RANCH SPA ONE - VILLAGE ONE WEST), DOES HEREBY RESOLVE, DECLARE, FIND, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The above recitals are all true and correct. SECTION 2. This City Council hereby receives and approves the CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST, as submitted by the City Clerk, acting in her capacity as the Election official, said Statement setting forth the number of votes cast in the election, the measures voted upon, and the number of votes given for and/or against the measures voted upon. A copy of said Certificate and Statement is attached hereto, marked Exhibit "A", referenced and so incorporated. SECTION 3. The City Clerk is hereby directed, pursuant to the provisions of the Elections Code of the State of California, to enter in the minutes the results of the election as set forth in said STATEMENT OF VOTES CAST. PREPARED BY: APPROVED AS TO FORM BY: John P. Lippitt John Kaheny Director of Public Works City Attorney EXHIBIT "A" CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST STATE OF CALIFOKNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) The undersigned, ELECTION OFFICIAL OF THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DOES HEKEBY CERTIFY that pursuant to the provisions of Section 53326 of the Government Code and Division 12, commencing with Section 17000 of the Elections Code of the State of California, I did canvass thc returns of the votes cast at the CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO. 99-2 (OTAY RANCH SPA ONE - VILLAGE ONE WEST) SPECIAL ELECTION in said City, held August 15, 2000. I FURTHER CERTIFY that this Statement of Votes Cast shows thc whole number of votes cast in said District in said City, and the whole number of votes cast for the Measures in said District in said City, and the totals of the respective columns and the totals as shown for the Measures are full, true and correct. I. TOTAL NUMBER OF VOTES CAST: II. VOTES CAST ON PROPOSITION A: YES NO III. VOTES CAST ON PROPOSITION B: YES NO WITNESS my hand and Official Seal this day of ,2000. CITY CLERK ELECTION OFFICIAL CITY OF CHULA VISTA STATE OF CALIFORNIA 3 .......... --T I[T RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT), DECLARING THE RESULTS OF A SPECIAL ELECTION IN THAT AREA DESIGNATED AS COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT), IMPROVEMENT AREA "A.', ANNEXATION NO. 1 WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the "City Council"), has previously undertaken proceedings to annex certain property to an existing Community Facilities District pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982," being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act") and the City of Chula Vista Community Facilities District Ordinance enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California (the "Ordinance") (the Act and the Ordinance may be referred to collectively as the "Community Facilities District Law"). This Community Facilities District is referred to as COMMUNITY FACILITIES DISTRICT NO. 97-2 (OTAY RANCH SPA ONE - VILLAGE ONE WEST) (the "District") and the annexed area is referred to as COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT), IMPROVEMENT AREA "A", ANNEXATION NO. 1 (the "Annexation Area"); and, WHEREAS, this City Council did call for and order to be held an election to submit to the qualified electors of the Annexation Area a proposition relating to the levy of special taxes within the Annexation Area; and, WHEREAS, at this time said election has been held and the measures voted upon and each such measure did receive the favorable 2/3's vote of the qualified electors, and this City Council desires to declare the results of the election in accordance with the provisions of the Elections Code of the State of California. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT), DOES HEREBY RESOLVE, DECLARE, FIND, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The above recitals are all true and correct. SECTION 2. This City Council hereby receives and approves the CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST, as submitted by the City Clerk, acting in her capacity as the Election official, said Statement setting forth the number of votes cast in the election, the measures voted upon, and the number of votes given for and/or against the measures voted upon. A copy of said Certificate and Statement is attached hereto, marked Exhibit "A', referenced and so incorporated. SECTION 3. The City Clerk is hereby directed, pursuant to the provisions of the Elections Code of the State of California, to enter in the minutes the results of the election as set forth in said STATEMENT OF VOTES CAST. PREPARED BY: APPROVED AS TO FORM BY: John P. Lippitt John Kaheny Director of Public Works City Attorney EXHIBIT "A" CERTIFICATE OF ELECTION OFFICLAL AND STATEMENT OF VOTES CAST STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) The undersigned, ELECTION OFFICIAL OF THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DOES HEREBY CERTIFY that pursuant to the provisions of Section 53326 of the Government Code and Division 12, commencing with Section 17000 of the Elections Code of the State of California, I did canvass the returns of the votes cast at the CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) IMPROVEMENT AREA "A" ANNEXATION AREA NO. 1 SPECIAL ELECTION in said City, held August 15, 2000. I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes east in said District in said City, and the whole number of votes east for the Measures in said District in said City, and the totals of the respective columns and the totals as shown for the Measures are full, true and COITeCt. I. TOTAL NUMBER OF VOTES CAST: II. VOTES CAST ON PROPOSITION A: YES NO WITNESS my hand and Official Seal this day of ,2000. CITY CLERK ELECTION OFFICIAL CITY OF CHULA VISTA STATE OF CALIFORNIA 3 ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 99-2 (OTAY RANCH SPA ONE - VILLAGE ONE WEST) AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH COMMUNITY FACILITIES DISTRICT WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the "City Council"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors authorizing the levy of a special tax in a community facilities district, all as authorized pursuant to the terms and provisions of the "Mello~Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1. Division 2, Title 5 of the Government Code of the State of California (the "Act") and the City of Chula Vista Community Facilities District Ordinance enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California (the "Ordinance") (the Act and the Ordinance may be referred to collectively as the "Community Facilities District Law")~ This Community Facilities District is designated as COMMUNITY FACILITIES DISTRICT NO. 99-2 (OTAY RANCH SPA ONE - VILLAGE ONE WEST) (the "District"). The City Council of the City of Chula Vista, California, acting as the legislative body of Community Facilities District No. 99-2 (Otay Ranch Spa One - Village One West), does hereby ordain as follows: SECTION 1. This City Council does, by the passage of this ordinance, authorize the levy of special taxes pursuant to the Rate and Method of Apportionment of Special Taxes as set forth in Exhibit "A" attached hereto (the "Special Tax Formula"), referenced and so incorporated. SECTION 2. This City Council, acting as the legislative body of the District, is hereby further authorized, by Resolution, to annually determine the special tax to be levied for the then current tax year or future tax years, except that the special tax to be levied shall not exceed the maximum special tax calculated pursuant to the Special Tax Formula, but the special tax may be levied at a lower rate. SECTION 3. The special taxes herein authorized, to the extent possible, shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes; provided, however, the District may utilize a direct billing procedure for any special taxes that cannot be collected on the County tax roll or may, by resolution, elect to collect the special taxes at a different time or in a different manner if necessary to meet its financial obligations. SECTION 4. The special tax shall be secured by the lien imposed pursuant to Sections 3114.5 and 3115.5 of the Streets and Highways Code of the State of California, which lien shall 1 'M -/ be a continuing lien and shall secure each levy of the special tax. The lien of the special tax shall continue in force and effect until the special tax obligation is prepaid, permanently satisfied and canceled in accordance with Section 53344 of the Government Code of the State of California or until the special tax ceases to be levied by the City Council in the manner provided in Section 53330.5 of said Government Code. SECTION 5. This Ordinance shall be effective thirty (30) days after its adoption. Within ill'teen (15) days after its adoption, the City Clerk shall cause this Ordinance to be published in a newspaper of general circulation in the City pursuant to the provisions of Government Code Section 36933. Introduced at a regular meeting of the City Council of the City of Chula Vista, California, on ,2000; Enacted at a regular meeting of the City Council of the City of Chula Vista, California, held on the day of ,2000, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST APPROVED AS TO FORM: John Lippitt John Kaheny 2 RATE AND METHOD OF APPORTIONMENT FOR CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO. 99-2 (VILLAGE ONE WEST) ANNUAL SPECIAL TAX A Special Tax shall be levied annually on land within Community Facilities District No. 99-2 (Open Space Maintenance District) of the City of Chula Vista (the "District"), and collected according to the Special Tax Liability determined by the City of Chula Vista (the "City") through the application of the following procedures. All of the property within the District, unless otherwise exempted by law or the express provisions of the rate and method of apportionment expressed below, shall be taxed to the extent and in the manner provided below. All Special Taxes applicable to Parcels shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, and the Special Taxes so levied will be subject to the same penalties and procedures, sale and lien priority in case of delinquency as is provided for ad valorem taxes. A. DEFINITIONS The terms hereina~er set £orth have the following meanings: "Acre or Acreage" means the area ora Parcel as shown on the latest maps o£the Assessor of the County of San Diego, or, if the area of such Parcel is not shown on such Assessor's maps, the area as shown on a current recorded subdivision map, parcel map, record of survey or other recorded document creating or describing the Parcel. If the preceding maps are not available, the City Engineer shall determine the area. "Administrative Expenses" means the direct and indirect expenses incurred by the City in carrying out its duties with respect to the District (including, but not limited to, the levy and collection of the Special Taxes) including the fees and expenses of its counsel. Any fees of the County related to the District or the collection of Special Taxes, an allocable share of the salaries of City staff directly related thereto, any amounts paid by the City from its general fund with respect to the District, and expenses incurred by the City in undertaking actions to foreclose on properties for which the payment of Special Taxes is delinquent, and all other costs and expenses of the City related to the District. "Building Square Foot or Square Footage" means the square footage as shown on the Parcel's building permit(s), excluding garages or other structures not used as living space. "City" means the City of Chula Vista. "Developed Parcel" means Taxable Property for which a foundation building permit or other form of building permit has been issued as of March I of the preceding Fiscal Year. "District" means the Open Space Maintenance District-SPA One (Village One West) of the Community Facili.ties District No. 99-2 of the City of Chula Vista. (Exhibit A) "Facilities" means those improvements defined in Part li of the Special Tax Report dated June 6, 2000 for Community Facilities District No. 99-2 of the City of Chula Vista. "Fiscal Year" means the period starting on July 1 and ending the following June 30. "Future Annexation" means all of the specific Parcels that are subject to a one-time annexation into CFD No.99-2 as depicted in Exhibit B and identified as Parcels 1,2 & 3. In the event such Future Annexation occurs, any such Parcels that are annexed will be subject to the Maximum Special Tax as described in this Rate and Method of Apportionment of Special Tax. The Future Annexation Parcels may be annexed separately over time. "Maximum Special Tax" means the maximum special tax that can be levied within CFD No. 99-2 by the City Council in any Fiscal Year for each Parcel of Taxable Property. "Operating Fund" means a fund that shall be maintained by the District for any Fiscal Year to pay for the actual costs of maintenance, repair, and replacement of the Facilities, and the Administrative Expenses. "Operating Fund Balance" means the amount of funds in the Operating Fund at the end of the preceding Fiscal Year. "Operating Fund Requirement" means for any Fiscal Year an amount equal to the budgeted costs of the maintenance, repair and replacement of the Facilities which have been accepted and maintained by the District or are reasonably expected to be accepted and maintained by the District during the current Fiscal Year plus the budgeted Administrative Expenses of the District for the current Fiscal Year in which Special Taxes are levied. "Parcel" means any San Diego County Assessor's Parcel or portion thereof that is within the boundaries of the District designated on a map of the San Diego County Assessor and which has been assigned a discrete identifying number on the equalized tax rolls of the County. "Reserve Fund" means a fund that shall be maintained to provide necessary cash flow for operations and maintenance for the first six months of each Fiscal Year, working capital to cover maintenance and repair cost overruns and delinquencies that may arise in connection with the collection of Special Taxes and a reasonable buffer against large variations in annual Special Tax amounts. "Reserve Fund Balance" means the amount of funds in the Reserve Fund at the end of the preceding Fiscal Year. "Reserve Fund Requirement" means the required balance in the Reserve Fund equal to up to 100% of the Operating Fund Requirement. "Residential Uses" shall include those residential uses as permitted in the City zoning ordinance. "Special Tax" means the special tax or special taxes actually levied within CFD No. 99-2. "Special Tax Liability" for any Fiscal Year is an amount determined sufficient to pay the costs of the District, including: (i) the amount required to be deposited into the Operating Fund to meet the Operating Fund Requirement, less the Operating Fund Balance, and (ii) the total amount required to be deposited into the Reserve Fund if any, to meet the Reserve Fund Requirement, less the Reserve Fund Balance. "Taxable Property" is all real property or Parcels within the boundaries of the District which are not exempt from the Special Tax pursuant to law, or which are not classified or assigned to the Exempt Category as defined herein. B. CATEGORIES OF SPECIAL TAXES Residential Category: The residential category includes each Developed Parcel within the District, which is zoned for Residential Uses by the City ("Residential Category"). The Maximum Special Tax that may be levied for Fiscal Year 2000/2001 on each Developed Parcel assigned to the Residential Category shall be $.3857 per Building Square Foot, if the annexation of Future Annexation (Parcels 1 & 2) has not occurred or $.3749 per Building Square Foot if the annexation of Future Annexation (Parcels 1 & 2) has occurred, as provided for in the "Assignment to Categories of Special Taxes". Said Maximum Special Tax rates shall be increased or decreased each Fiscal Year thereafter by a factor which shall be the lesser of the annual percentage change in the January to January San Diego Metropolitan Area All Urban Consumer Price Index (All Items) or the annual percentage change in the estimated California Fourth Quarter Per Capita Personal Income as contained in the Governor's budget published every January. Exempt Category The exempt category includes each property owned by, conveyed or irrevocably offered for dedication to a public agency, land which is in the public right-of-way, unmanned utility easements which make utilization for other than the purpose set forth in the easement impractical, common areas, private streets and parks, and open space lots ("Exempt Category"). Vacant Land Category The vacant land category includes each Parcel of Taxable Property assigned to the District not subject to a Special Tax under any other category described above C'Vacant Land Category"). The Maximum Special Tax which may be levied on each Parcel within the Vacant Land Category for Fiscal Year 2000/2001 shall be the rates set forth below (said amount to be levied pro rata for any portion of an Acre). Said Maximum Special Tax shall be increased or decreased each Fiscal Year thereafter by a factor which shall be the lesser of the annual percentage change in the January to January San Diego Metropolitan Area All Urban Consumer Price Index (Ail Items) or the annual percentage change in the estimated California Fourth Quarter Per Capita Personal Income as contained in the Governor's budget published every January. · The Maximum Special Tax that may be levied for Fiscal Year 2000/2001 on each Parcel Assigned to the Vacant Land Category shall be $4,766.00 per Acre, if the Future Annexation (Parcels 1 & 2) has not occurred or $4,623.00 per Acre if annexation of Future Annexation (Parcels 1 & 2) has occurred, as provided for in the "Assignment to Categories of Special Taxes". C. ASSIGNMENT TO CATEGORIES OF SPECIAL TAXES On or about July 1 of each year (but in any event in sufficient time to include the levy of the Special Taxes on the County's secured tax roll) the City shall assign each Parcel within the District including Parcels subject to Future Annexation if the Future Annexation has occurred by such date to the Residential Category, Exempt Category, or Vacant Land Category. Parcels subject to levy shall be determined based upon the records of the San Diego County Assessor. D. LEVY AND APPORTIONMENT OF SPECIAL TAXES The City shall determine the Special Tax Liability in each Fiscal Year on or about every July 1 (but in any event in sufficient time to include the levy of the Special -TC-& Taxes on the County's secured tax roll). Special Taxes shall then be levied on each Parcel assigned to the Residential Category, and Vacant Land Category in the following order of priority: Step 1:Determine the maximum revenue, which could be generated by multiplying the total Building Square Footage of all Developed Parcels assigned to the Residential Category by the Maximum Special Tax per Building Square Foot. Step 2: If the total Special Tax revenue as calculated in Step 1 is greater than the Special Tax Liability, reduce the Special Tax for each Parcel proportionately so that the Special Tax levy for the Fiscal Year is equal to the Special Tax Liability for the Fiscal Year. Step 3: If the total Special Tax revenue as calculated in Step 1 is less than the Special Tax Liability, a Special Tax shall be levied upon each Parcel assigned to the Vacant land Category. The Special Tax for the Vacant Land Category shall be calculated as the lessor of 2 (i) The Special Tax Liability, less the total of funds generated for all Parcels under Step 1 above, divided by the total Acres for all Parcels assigned to the "Vacant Land Category". OR, (ii) the Maximum Special Tax rate for Parcels within the Vacant Land Category. However, in the event it is determined that the Special Tax Liability includes delinquent Special Taxes from Parcels in the Vacant Land Category from the prior Fiscal Year, the City shall determine the amount of such delinquent Special Taxes that arose from such Parcels and identify the owner(s). The amount of delinquent Special Taxes, if any, that arose from each owner shall first be divided by the total Acres owned by such owner(s), and collected from the respective owner with the remaining portion of the Special Tax Liability not related to delinquent Special Taxes to be collected from Parcels in the Vacant Land Category according to the procedure set forth in the preceding paragraph. 5 ORDNANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) AUTHORIZING THE LEVY OF A SPECIAL TAX IN THAT AREA DESIGNATED AS COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT), IMPROVEMENT AREA "A", ANNEXATION NO. 1 WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the "City Council"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors authorizing the levy of a special tax in an area annexed to an existing community facilities district, all as authorized pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Paxt 1. Division 2, Title 5 of the Government Code of the State of California (the "Act") and the City of Chula Vista Community Facilities District Ordinance enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California (the "Ordinance") (the Act and the Ordinance may be referred to collectively as the "Community Facilities District Law"). This Community Facilities District is designated as COMMIJNITY FACILITIES DISTRICT NO. 97-2 (OTAY RANCH SPA ONE - VILLAGE ONE WEST) (the "District") and the annexed area is designated as COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT), hMPROVEMENT AREA "A", ANNEXATION NO. 1 (the "Annexation Area"). The City Council of the City of Chula Vista, California, acting as the legislative body of Community Facilities District No. 97-2 (Otay Ranch Spa One - Village One West), does hereby ordain as follows: SECTION 1. This City Council does, by the passage of this ordinance, authorize the levy of special taxes within the Annexation Area pursuant to the Rate and Method of Apportionment of Special Taxes as set forth in Exhibit "A' attached hereto (the "Special Tax Formula"), referenced and so incorporated. SECTION 2. This City Council, acting as the legislative body of the District, is hereby further authorized, by Resolution, to annually determine the special tax to be levied for the then current tax year or future tax years, except that the special tax to be levied shall not exceed the maximum special tax calculated pursuant to the Special Tax Formula, but the special tax may be levied at a lower rate. SECTION 3. The special taxes herein authorized, to the extent possible, shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes; provided, however, the District may utilize a direct billing procedure for any special taxes that cannot be collected on the County tax roll or may, by resolution, elect to collect the special taxes at a different time or in a different manner if necessary to meet its financial obligations. SECTION 4. The special tax shall be secured by the lien imposed pursuant to Sections 3114.5 and 3115.5 of the Streets and Highways Code of the State of California, which lien shall be a continuing lien and shall secure each levy of the special tax. The lien of the special tax shall continue in force and effect until the special tax obligation is prepaid, permanently satisfied and canceled in accordance with Section 53344 of the Government Code of the State of California or until the special tax ceases to be levied by the City Council in the manner provided in Section 53330.5 of said Government Code. SECTION 5. This Ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the City Clerk shall cause this Ordinance to be published in a newspaper of general circulation in the City pursuant to the provisions of Government Code Section 36933. Introduced at a regular meeting of the City Council of the City of Chula Vista, California, on _, 2000; Enacted at a regular meeting of the City Council of the City of Chula Vista, California, held on the ___ day of ,2000, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST APPROVED AS TO FORM: John Lippitt John Kaheny 2 Community Facilities District No. 97-2 Special Tax Report July 1, 1998 Page i PRESERVE MAINTENANCE DISTRICT Community Facilities District No. 97-2 City of Chula Vista INTRODUCTION The C. it~ o~ Chula Vista (City) has been requested to initiate proceedings to establish a Community Facilities District for the purpose of maintaining areas which have been coh~eyed to the preserve in accordance with the Otay Ranch Resource Management Plan to protect and enhance biological, paleontological, cultural and scenic resources, maintain biological diversity and promote the survival and recovery of native species and habitat; and to establish an annual biota monitoring program for the preserve in order to identify changes in quality and quantity of on-site biological resources, including sensitive wildlife species, sensitive plants species and sensitive habitat types. The Preserve Owner/Manager (POM) will oversee the day-to-day and long-range activities within the resource preserve. The POM wil[ take an active role in the maintenance and enhancement of biological resources, the development of educational programs and the implementation of Resource Management Plan policies related to management of the resource preserve. The proposed District is located in the City of Chula Vista, County of San Diego, State of California, as depicted on a reduced map of the boundaries thereof, Exhibit A, Boundary Map, included herein. The City adopted a resolution entitled "Resolution of Intention to Establish a Community Facilities District", Resolution No.19109 declaring its intention to form the District and ordered the preparation of a report describing the proposed services to be financed by the District if it is formed. The proceedings are being conducted in accordance with the provisions of the "Mello Roos Community Facilities Act of 1982," being Chapter 2.5, Part 1, Division 2, Title 5, commencing with Section 53311, of the Government Code of the State of California (the Act) and the City of Chula Vista Community Facilities District Ordinance (the "Ordinance") being Ordinance No. enar~ed pursuant to the powers reserved by the City u'~der Sections 3, 5 and 7 of Article XI of the Constitution of the State of California and the Charter of the City. The report has been prepared by, or under the direction of the Director of Public Works and other such officers responsible for the providing of the services to be financed by the proposed District. The report has been prepared in accordance with Section 53321.5 of the ?,ct and includes among other information: a) A description of the maintenance services which are required to adequately meet the needs of the District (Part II). M:\$proiect\chu[avis\psrvmain8.doc -~.~-,~ Community Facilities District No. 97-2 Special Tax Report July 1, 1998 Page ii b) An estimate of the fair and reasonable cost of providing maintenance .ervices and all other related costs as provided in Section 53345.3 of the Act Part '~ ...... ~"!:' ~tnsrvmain8 doc Community Facilities District No, 97-2 Special Tax Report July 1, .1998 Page 1 Part I - Description of District The proposed District (Preserve Maintenance District) Community Facilities District No. 97-2 as shown in Exhibit A includes the following Assessor's Parcel Numbers: Assessor's Parcel Owner Acreaqe Number. 595-070-33-00 Otay Project LLC 15.39 641-020-15-00 Otay Project LLC 21.89 641-020rl 8-00 Otay Project LLC 10.00 641--030-16-00 Otay Project LLC 16.50 641-060-04-00 Otay Project LLC 8.16 641-060-06-00 Otay Project LLC 17.9~ 641-070-01-00 Otay Project LLC 87.86 641-080-01-00 Otay Project LLC 88.89 642-060-11-00 ~McMillin D. A. America Otay Ranch LLC 140.79 642-071-01-00 DMB/AEW Land Holdings Two/LLC-OVP 23.09. 642-071-02-00 Standard Pacific Corp. -OVP 13.40 642-071-03-00 Centex Homes-OVP 10.59 642-071-04-00 DMB/AEW Land Holdings Two/LLC-OVP 19.69 642-071-05-00 Standard Pacific Corp.-OVP 14.84 642-071-06-00 South Bay Project, LLC-OVP 6.53~. 642-071-07-00 Otay Project, LLC-OVP 72.48 642-071-08-00 Centex Homes~OVP 12.13 642-071-09-00 Otay Project, LLC-OVP 13.74 642-071-10-00 Otay Project, LLC-OVP 7.16 642-071-11-00 Otay Project, LLC-OVP 10.35 642-071-12-00 Otay Project, LLC-OVP 275.39 642-080-01-00 McMillin D. A. America Otay Ranch LLC 157.09 642-090-01-00 Otay Project LLC 92.78 642-100-01-00 ~McMillin D. A. America Otay Ranch LLC 91.29 643-010-03-00 Otay Project LLC 19.92 643-010-09-00 Otay Project LLC 51.63 643-020-10-00 Otay Project LLC 159.37 643-020-28-00 Otay Project LLC 48.13 643-020-32-00 Otay Project LLC 99.62 643-050-01-00 Otay Project LLC 58.24 643-060-03-00 .- McMillin D. A. America Otay Ranch LLC 637.73 643-060-04-00 Otay Project LLC 268.55 644-030-01 ~00 Otay Projc:ct LLC 311.03 644.030-06-00 Otay Project LLC 255.85 TOTAL. 3,138.01 M:\$project\chulavis\psrvmain8.doc Community Facilities District No. 97-2 July 1, 1998 Page 3 Part il - Description of Facilities/Services The proposed services include all direct, administrative and incidental annual costs and expenses related to the maintenance, operation and management of public or private property, required by the Preserve Owner/Manager (POM) to be maintained within the Otay Ranch Preserve as open space or habitat preservation or both. Such property may be located outside the boundaries of the applicable community facility district and outside the jurisdictional boundaries of the City. Th-e-Otay Ranch Phase 2, Resource Management Plan (RMP) dated June 4, 1996, describes the POM functions that may be funded through land secured financing (pages 77-82), including this CFD. The document also identifies those POM functions that may not be funded through land secured financing, including this CFD. Revenues from this CFD may not be used for enhanced preserve functions such as: the maintenance of more lands than contemplated in the initial preserve boundaries; instructional or educational programs; and expanded or new management programs. Revenues from this CFD may not be used to fund the maintenance, operation or improvement of a regional park located in the preserve. Revenues from this CFD may be used for preserve maintenance, operation and management, biota monitoring, and preserve security including ordinary and necessary administrative expenses and reserve fund requirements. Such services shall include the following: A. Preserve Operations and Maintenance 1. Preserve Maintenance: Develop and implement programs to maintain, operate and manage preserve habitat values through: cultivation, irrigation, trimming, spraying, fertilizing, or treatment of disease or injury; removal of trimmings, rubbish, debris, and other solid waste; maintenance of trails; removal and control of exotic plants species (weeds); and control of cowbirds through trapping efforts. 2. Security: Develop and implement security programs to: enforce "no trespassing" rules; curtail activities that degrade resources, such as grazing, shooting, and illegal dumping; remove trash, litter, and other debris; control access; prohibit off-roar' traffic; and maintain fences and trails. 3. Preserve Improvements: Acquire (through lease or purchase) equipment or install improvements necessary to perform the maintenance, monitoring and security functions described herein. Community Facilities District No. 97-2 July 1, 1998 Page 4 B. Resource Monitoring Program 1. Biota Monitorin,q: Implement the annual biota monitoring and reporting program consistent with the RMP to identify changes in the quality and quantity of preserve resources including wildlife species, sensitive plants and sensitive habitat types. CommUnity Facilities District No. 97-2 July 1, 1998 Page 5 Part III - Cost Estimate The estimate of the fair and reasonable cost of the proposed services for Resource Monitoring, and Preserve and Maintenance Operations including in connection with providin.g said services, and all other related costs is deemed to be not greater than $157,466 if all services and facilities were required for the fiscal year ending June 30, 1999 as shown below: Maintenance Bud,g. et Maintenance of 1,243 acres - Improvement Area A $34,550 .e._ .A.d.. .......................................................................................................... Allocable Portion of District Administration (36.5%) $9,135 Subtotal Maintenance Budget $55,201 Monitoring Budget Annualized Costs $72,000 ,c..t..,.A..d..m..!.n. is.t.r ,a..,t. Lo..n. ........................................................................................................... .$.J...4...: .4..0..0.. Allocable Portion of District Administration (63.5%) $15,865 Subtotal Monitoring Budget $102,265 Total Budget $157,466 ....................................................................................................................................................................................................... Each Fiscal Year thereafter, the City shall cause to be prepared annually a budget showing the estimate of cost for the Resource Monitoring Program, and Preserve Operations and Maintenance for the coming year for Improvement Area A and B of the District. The costs for the Resource Monitoring Program shall be allocated to Improvement Areas A and B in proportion to the gross Acres within each Improvement Area (34% and 66%, respectively). The costs for the Preserve Operations and Maintenance shall be allocated to Improvement Area A only. The budget for each Fiscal Year may show the proportional cost of those maintenance and/or monitoring activities which occur less frequently than on an annual basis. Said budget shall also account for any funds collected from other parcels within the Otay Ranch General Development Planning Area such that the "fair share" costs for Resource Monitoring as determined by the City sh~ll be allocated to this District. Community Facilities District No. 97-2 July 1, 1998 Page 6 Part IV - Rate and Method of Apportionment of Special Taxes ANNUAL TAX A Special Tax shall be levied annually on each Parcel of land within the Preserve Maintenance District, Community.Facilities District No. 97-2 of the City of Chula Vista (the "Distri.ct"), and collected according to the Special Tax Liability determined by the City of Chula Vista (the "City") through the application of the following procedures. All of th~ i~roperty within the District, unless otherwise exempted by law or the express provisions of the rate and method of apportionment expressed below, shall be taxed to the extent and in the manner provided below. All Parcels within the District are included within either Improvement Area A or Improvement Area B. A map of the Improvement areas is included as Exhibit B. All Special Taxes applicable to Parcels be collected in the same manner and at the same time as ordinary ad valorem property taxes, and Special Taxes so levied will be subject to the same penalties and procedures, sale and lien priority in case of delinquency as is provided for ad valorem taxes. DEFINITIONS Acre or Acreage means the area of a Parcel as shown on the latest maps of the Assessor of the County of San Diego, or if the area of such Parcel is not shown on such Assessor's maps, the area as shown on a current recorded subdivision map, parcel map, record of survey or other recorded document creating or describing the Parcel. If the preceding maps are ~ot available, the area shall be determined by the City Engineer. Administrative Expenses means the direct and indirect expenses incurred by the City in carrying out its duties with respect to the District (including, but not limited to, the levy and collection of the special taxes) including the fees and expenses of its counsel, any fees of the County related to the District or the collection of special taxes, an allocable share of the salaries of City staff directly related thereto and a proportionate amount of the City's general administrative overhead related thereto, any amounts paid by the City from its general fund with respect to the District, and ail other costs and expenses of the City related to the District. Building Square Foot or Square Footag~ means the square footage as shown on a Parcel's building permit, excluding garages ~: other structures not used as living space. City means the City of Chula Vista. Community Facilities District No. 97-2 July 1, 1998 Page 8 Developed Parcel means Taxable Property for which a foundation building permit or other form of building permit has been issued as of March 1 of the preceding Fiscal Year. District means the Preserve Maintenance District Community Facilities District No. 97-2 of the City of Chula Vista. Final. MaP means a recorded Tract Map or Parcel Map. Fiscal Year means the period starting on July 1 and ending the following June 30. Improvement Area means one of the two specific areas as shown in Exhibit B. Maximum Special Tax means the maximum special tax that can be tevied within each Improvement Area within CFD No. 97-2 by the City Council in any Fiscal Year for each Parcel of Taxable Property. Non,Residential Parcels shall include each Parcel within the District which is zoned for other than Residential Uses by the City. Non-Residential Uses shall include all Developed Parcels which are not zoned for Residential Uses including commercial, industrial, and Community Public Facilities (CPF). Operating Fund means a fund that shall be maintained for each Improvement Area within the District for any Fiscal Year to pay for Resource Monitoring and/or Preserve Operations and Maintenance activities and Administrative Expenses. Operating Fund Balance means the amount of funds in the Operating Fund for each Improvement Area at the end of the preceding Fiscal Year. Operating Fund Requirement means for any Fiscal Year an amount for each improvement Area equal to the Resource Monitoring Fund Requirement and the Preserve Operations and Maintenance Fund Requirement for the current Fiscal Year in which Special Taxes are levied. Parcel means any San Diego County Assessor's Parcel or portion thereof that is within the boundaries of the District designated on a map of the San Diego Coun:y Assessor and which has been ac~igned a discrete identifying number on the equalized tax rolls of the County. Preserve Operations and Maintenance means those activities defined in Part II A. of the Special Tax Report dated July 1, 1998 for Community Facilities District No. 97-2 of the City of Chula Vista. Community Facilities District No. 97-2 July 1, 1998 Page 9 Preserve Operations and Maintenance Fund Requirement means for any Fiscal Year an amount applicable to Improvement Area A equal to the budgeted costs for Preserve Operations and Maintenance plus a pro-rata share of the budgeted Administrative Expenses of the District for the current Fiscal Year in which Special Taxes are levied. Residential Parcels shall include each Parcel within the District which is zoned for Residentia'l Uses by the City. R~sidential Uses shall include those residential uses as permitted in the City zoning ordinance. Reserve Fund means a fund that shall be maintained for each Improvement Area to provide necessary cash flow for the first six months of each Fiscal Year, working capital to cover monitoring, maintenance and repair cost overruns and delinquencies that may arise in connection with the collection of Special Taxes and a reasonable buffer against large variations in annual special tax amounts. Reserve Fund Balance means the amount of funds in the Reserve Fund at the end of the preceding Fiscal Year. Reserve Fund Requirement means an amount equal to up to 100% of the Operating Fund Requirement for any Fiscal Year. Resource Monitoring Program means those activities defined in Part II B. of the Special Tax Report dated July 1, 1998 for Community Facilities District No. 97-2 of the City of Chula Vista. Resource Monitoring Fund Requirement means for any Fiscal Year an amount for each Improvement Area equal to the Improvement Area's fair share of the budgeted costs of the Resource Monitoring Program plus a pro rata share of the budgeted Administrative Expenses of the District for the current Fiscal Year in which Special Taxes are levied. An Improvement Area's "fair share" shall be based upon the Improvement Area's percentage of the total acreage within the Otay Ranch General Development Plan Planning Area fc; which a Resource Monitoring Program funding mechanism has been established. Special Tax means the special tax or special taxes actually levied within CFD No. 97-2 each Fiscal Year. Special Tax Liability for any Fiscal Ye,~r is an amount sufficient to pay the costs of an Improvement Area within the District equal to: (i) the Resource Monitoring Fund Requirement, and Preserve Operations and Maintenance Fund Requirement, less the Operating Fund Balance, and (ii) the Reserve Fund Requirement, less the Reserve Fund Balance. Community Facilities District No. 97-2 July 1, 1998 Page 10 Tax Categories are those Categories I, II and III described in the body hereof. Taxable Property is all real property or Parcels within the boundaries of the District which are not exempt from the Special Tax pursuant to the law or which are not classifi(~d or assigned to the Exempt Category as defined herein. Cateqori~s of Special Taxes C~t~gory I Category I includes each Developed Parcel within the District. (Category I) The Maximum Special Tax for Resource Monitoring, and Preserve Operations and Maintenance that may be levied for Fiscal Year 1998/99 on each Developed Parcel shall be at the rates set forth in Table 1 below. For Residential Parcels the Special Tax shall be levied based upon Building Square Footage and for Non-Residential Parcels shall be levied based on Acreage. The Maximum Special Tax shall be increased or decreased each Fiscal Year thereafter by a factor which is the lesser of the annual percentage change in the January to January San Diegp Metropolitan Area All Urban Consumer Price Index (All Items) or the annual percentage Change in the estimated California Fourth Quarter Per Capita Personal income as contained in the Governor's budget published every January. TABLE 1 Maximum Special Tax Category Resource Operation & Monitoring Maintenance Residential Parcels $0.0049 per sq. ff. $0.0078 per sq. fi, Non-Residential Parcels $80.96 per Ac're $128.53 per Acre Category II Category II includes each Parcel of Taxable Pror_~=rty within the District for which a Final Map has been recorded, but which is not classified as a Developed Parcel. (Category I1). The Maximum Special Tax for Resource Monitoring, and Preserve Operations and Maintenance that may be levied for Fiscal Year 1998/99 on each Parcel in Category I1 '~hall be as shown in Table 2 below (said amount to bm levied pro rata for any portion of an Acre). Said Maximum Special Tax shall be increased or decreased each Fiscal Year thereafter by a factor which is the lesser of the annual percentage change in the January to January San Diego Metropolitan Area All Urban Consumer Price Index (All Items) or the annual percentage change in the estimated California Fourth Quarter Per Community Facilities District No. 97-2 July 1, ~1998 Page 11 Capita Personal Income as contained in the Governor's budget published every January. TABLE 2 Maximum Special Tax Category II Re. source Operation & Monitoring Maintenance $80.96' per Acre $128.53 per Acre Category III Category III includes each Parcel of Taxable Property within the District not subject to a Special Tax under any other category ("Category II1"). The Maximum Special Tax which may be levied for Fiscal Year 1998/99 on Taxable Property within Category Ill shall be as shown in Table 3 below (said amount to be levied pro rata for any portion of an Acre). Said Maximum Special Tax shall be increased or decreased each Fiscal Year thereafter by a factor which is the lesser of the annual percentage change in the January to January San Diego Metropolitan Area All Urban Consumer Price Index (All Items) or the annual percentage change in the estimated California Fourth Quarter Per Capita Personal Income as contained in the Governor's budget published every January. TABLE 3 Maximum Special Tax Category Resource Operation Monitoring Maintenance $51.21 per Acre $81.30 per Acre Exempt Category The Exempt Category includes each property owned, conveyed or irrevocably offered for dedication to a public agency, or land which is in the public right-of-way, unmanned utility easements which make utilization for other than the purpose set forth in the easement impractical, common areas, private streets and parks, and open space lots ("Exempt Category"). Assiqnment to Cateqories of Special Tax On or about July 1 of each year, (but in any event in sufficient time to include the levy of the Special Tax6s on the County's secured tax roll), the City shall c.ssi¢:n each Parcel within the Distric, to Category I, Category II, Category III or the Ex.~,mpt Category. Parcels subject to levy shall be determined based upon the records of the San Diego County Assessor. M:\Sproject\chulavis\psrvmain8.doc '-?~l) "' I,:~ Community Facilities District No. 97-2 July 1, 1998 Page 12 Levy and Apportionment of Special Taxes The City shell determine the Special Tax Liability for each Improvement Area in each Fiscal Year on or about every July 1. Special Taxes shall then be levied on each Parcel Classified as the Category I, Category II, or Category Ill in the following order of priority:' Improvement Area A St~P 1: Determine the revenue which could be generated by Parcels assigned to Category I by multiplying the Building Square Footage for Parcels classified as Residential Parcels by the Maximum Special Tax per Building Square Foot for Resource Monitoring, and Preserve Operations and Maintenance for Parcels and adding to that the maximum revenue which could be generated by multiplying the total acres for Parcels classified as Non-Residential Parcels by the Maximum Special Tax per Acre for Resource Monitoring and Preserve Operations and Maintenance. Step 2: If the total revenue as calculated in Step I is greater than the estimated Special Tax Liability for Improvement Area A, reduce the Special Tax for each Parcel proportionately so that the Special Tax levy for the Fiscal Year is equal to the Special Tax Liability for the Fiscal Year. Step 3: If the total revenue as calculated in Step 1 is less than the Special Tax Liability for Improvement Area A, a Special Tax shall be levied upon each Parcel within Improvement Area A, classified as Category II. The Special Tax for Parcels assigned to Category II shall be calculated as the lessor of: (i) The Special Tax Liability for improvement Area A as determined by the City, [ess the total revenue generated for all Parcels under Step 1 above, divided by the total Acres for all Parcels within Improvement Area A assigned to Category I[, OR (ii) the Maximum Special Tax rate for Parcels assigned to Category [I Step 4: If the total revenue as calculated in Step 1 and 3 is less than the Special Tax Liability, for Improvement Area A, a Special Tax shall be levied upon ,;ach Parcel within Improvement Area A classified as Category Ill. The Special Tax for Parcels assigned [o L. ategory III shall be calculated as the lessor of: (i) The Special Tax Liability for Improvement Area A as determined by the City, less the total revenue generated for all Parcels under Step 1 and 3 above, divided by the total Acres for all Parcels within Improvement Area A assigned to Category III, COUNCIL AGENDA STATEMENT ITEM ~ MEETING DATE_.~/22/00 ITEM TITLE: Resolution Adopting a Catastrophic Leave Policy for employees, in the Executive, Senior Management, Middle Management, Confidential, Chula Vista Employees Association, International Association of Fire Fighters, Chula Vista Police Officers Association, and Western Council of Engineers employee groups. SUBMITTED BY: Director of Human Resources 0~/~ ~ REVIEWED BY: City Manager ,(~ ) (4/Sth Vote: Yes No X ) This policy will give City employees the ability to donate their existing Vacation, Floating Holiday, Management Leave and/or Compensatory time to other employees who are required to be absent from work due to their own injury or prolonged illness or to care for an immediate family member. RECOMMENDATION: That Council adopts the Resolution. BOARD/COMMISSION RECOMMENDATION: N/A DISCUSSION: The City does not currently have a policy that allows employees to donate their personal leave time to other employees who have exhausted their leave balances due to their own or one of their immediate family members prolonged injury or illness. Several employee groups expressed interest in implementing a "Catastrophic Leave Policy" which would allow employees the ability to donate a portion of their Vacation, Floating Holiday, Management Leave, and/or Compensatory Time to other employees who are required to be absent from work due to their own injury or prolonged illness, or to care for an immediate family member with an injury or prolonged illness. Recognizing that there was a need for such a policy and that many other government agencies in the area had already adopted similar policies, this policy was drafted. The City Met and Conferred with each of the employee groups and the policy presented here is the result of a collaborative effort between Management and each of the employee groups. The basic tenants of the policy are as follows (see "Attachment 1" for the full policy): · The requesting employee must be absent from work due to his or her own injury or prolonged illness, or to care for their immediate family member with an injury or prolonged illness that requires the employee's absence from work to care for them. Item Meet'rog Date Page 2 · The requesting employee must have exhausted all earned leave credits and is therefore facing financial hardship (due to being placed on "Leave without Pay"). · The total credits received by an employee shall not normally exceed 520 hours (728 hours for employees working a 56-hour workweek) unless authorized by the City Manager or his/her designee. The donating employee may donate from all leave credits (Vacation, Floating Holiday, Management Leave and Compensatory Time) EXCEPT Sick Leave. · All donated leave credits will be placed in the requesting employees SICK LEAVE balance. · Leave donations are on an hour-for-hour basis regardless of the classifications of the donating and requesting employee. This policy will become effective upon Council adoption - 08/22/2000. FISCAL IMPACT: There is an indeterminate amount of increased cost due to the inclusion of Floating Holiday and Management Leave that would normally lapse at fiscal year end if not used. ATTACHMENT 1 CITY OF CHULA VISTA CATASTROPHIC LEAVE POLICY Vacation, Floating Holiday, Management Leave or Compensatory Time credits may be transferred fi:om one or more employees to another employee on an hour-for-hour basis, upon the request of both the requesting employee and the donating employee and upon approval of the requesting employee's department head, under the following conditions: a) The requesting employee is required to be absent from work due to injury or the prolonged illness of the employee or their immediate family (as defined in the current MOU); has exhausted all earned leave credits, including but not limited to sick leave, vacation leave, compensatory time, administrative leave and floating holiday credits; and is therefore facing financial hardship. b) The transfers must be for a minimum of four hours for each type of time transferred, and in whole (one) hour increments thereafter. c) The total credits received by the requesting employee shall normally not exceed 520 hours (728 hours for employees working a 56-hour scheduled workweek) unless approved by the City Manager or his/her designee. d) To request transfers of leave, a Catastrophic Leave Request Form must be completed with the signature of the donating employee, requesting employee, and the department head of the requesting employee. The form then needs to be sent to the Human Resources Department for verification of eligibility and coordination of the balance transfer. e) The transfers will only be allocated to the sick leave balance of the requesting employee. The transfers are irrevocable, and will be indistinguishable from any other sick leave credits belonging to the requesting employee. Transfers will be subject to all taxes required by law. f) This program is not subject to the Grievance Procedure of the MOU's. g) Time will be transferred from employee to employee on an hour-for-hour basis. h) The requesting employee banks the transferred time in SICK LEAVE; the donating employee can contribute from all leave banks (vacation, floating holiday, administrative leave and compensatory time) with the EXCEPTION OF SICK LEAVE. i) Any employee (except sworn Police and Fire) out on workers' compensation may still be eligible for catastrophic leave, and can use the catastrophic sick leave to supplement their workers' compensation benefits in the interest of receiving a full paycheck during their recovery period. j) Once catastrophic leave has been received and banked it becomes sick leave and is indistinguishable from any other sick leave time; therefore, when the sick leave is used, the employee will accrue normal leave balances. For this situation, sick leave is the same as time worked. k) Employees who are on Short-Term (STD) or Long-Term disability (LTD) may supplement their disability benefit with catastrophic leave (sick leave) in order to receive a full paycheck. I) This Catastrophic Leave Policy will be implemented on a case-by-case basis, and will be treated in the most confidential manner possible. It is suggested that Employees who do or do not contribute their time not share their knowledge of others who do or do not contribute. 8/2000 ~ CITY OF CHULA VISTA CATASTROPHIC LEAVE REQUEST FORM A. REQUESTING EMPLOYEE I am requesting donations of time fi:om fellow employees because I have exhausted (or will very soon exhaust) all earned leave credits, including but not limited to sick leave, compensatory leave, floating holiday credits, and administrative leave, and am therefore facing financial hardship. I am absent fi:om work due to injury or the prolonged illness of myself or my immediate family (as defined in current MOU). Print Employee's Name Employee's Signature (or proxy) Employee ID Number E. DONATING EMPLOYEE I am voluntarily allowing the City to deduct the following number of hours fi:om by banked leave time, and convert it to sick leave and credit the above mentioned employee's sick leave bank. I understand that this decision is irrevocable once I sign below. I further understand that transfers must be for a minimum of four hours per transaction and in whole (one) hour increments thereafter. Vacation Holiday Comp Time Admin. Leave (4 hours or more) (4 hours or more) (4 hours or more) (4 hours or more) Print Employee's Name Employee's Signature Employee ID Number C. DEPARTMENT HEAD I approve the request for Catastrophic Leave. The employee requesting the time is absent for a valid reason and it meets the requirements of this City policy. Department Heads Signature Department Date D. HUMAN RESOURCES The Human Resources Department verifies that the above-mentioned employees have completed this request correctly and meet the eligibility requirements of this policy. Authorization is given to the Finance Department to make the transfers as indicated on this form. Director of Human Resources Date E. FINANCE DEPARTMENT Finance Department: I have transferred the appropriate hours from and to the respective employees per this request. Transfers occurred pay period ending DATE Finance Department Signature 8/2000 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A CATASTROPHIC LEAVE POLICY FOR EMPLOYEES]I~ THE EXECUTIVE, SENIOR MANAGEMENT, MIDDLE MANAGEMENT, CONFIDENTIAL, CHULA VISTA EMPLOYEES ASSOCIATION, INTER- NATIONAL ASSOCIATION OF FIRE FIGHTERS, CHULA VISTA POLICE OFFICERS ASSOCIATION, AND WESTERN COUNCIL OF ENGINEERS EMPLOYEES GROUPS WHEREAS, the City does not currently have a policy that allows employees to donate their personal leave time to other employees who have exhausted their leave balances due to their own or one of their immediate family members prolonged injury or illness; and WHEREAS, several employee groups expressed interest in implementing a "Catastrophic Leave Policy" which would allow employees the ability to donate a portion of their Vacation, Floating Holiday, Management Leave, and/or Compensatory Time to other employees who are required to be absent from work due to their own injury or prolonged illness, or to care for an immediate family member with an injury or prolonged illness; and WHEREAS, recognizing that there was a need for such a policy and that many other government agencies in the area had already adopted similar policy, the proposed policy was drafted; and WHEREAS, the City met and conferred with each of the employee groups and the policy presented is the result of a collaborative effort between Management and each of the employee groups. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby adopt a Catastrophic Leave Policy for employees in the Executive, Senior Management, Middle Management, Confidential, Chula Vista Employees Association, International Association of Fire Fighters, Chula Vista Police Officers Association, and Western Council of Engineers employee groups as set forth in Attachment I, attached hereto and incorporated herein by reference as if set forth in full. Presented by Approved as to form by Candy Emerson ~~t oK~nh/ee~y~-'¢~ ~ Director of Human Resources [H:/HOME~TTORN EY/RES~Catast ~phic Leave Policy (August 14, 2000 (2:1 lpm}] COUNCIL AGENDA STATEMENT Item: Meeting Date: 8/22/00 ITEM TITLE: Public Hearing: PCM 00-14; Request to amend the Otay Ranch Sectional Planning Area (SPA) One Plan to move the high school site in Village Two to a location in Village Two acceptable to the Sweetwater Union High School District. Resolution No. of the City Council of the City of Chula Vista approving an amendment to the Otay Ranch Sectional Planning Area (SPA) One Plan including the SPA One Public Facilities Finance Plan to move the location of the Village Two high school. (4/5ths Vote: Yes__No X SUBMITTED BY: Director of Planning and BuildingS/ REVIEWED BY: City Manager ~'[~ ,. The Otay Ranch Company has applied to amend the Otay Ranch Sectional Planning Area (SPA) One Plan to move the current location of the Village Two high school (a 50-net acre site) approximately 700 feet to the east in Village Two, to a site acceptable to the Sweetwater Union High School District. The SPA One amendment updates the proposed location of the high school site in Village Two and is consistent with the City of Chula Vista General Plan and Otay Ranch General Development Plan/Subregional Plan (GDP/SRP). The City's Environmental Review Coordinator has determined that any impacts associated with the proposed Otay Ranch Sectional Planning Area One (SPA) Plan amendment relocating the Village Two high school site have been previously identified in amended SPA One Plan FEIR 97-03 and has therefore, prepared an addendum to that document. RECOMMENDATION: That the City Council adopt the attached resolution approving the amendment to the Otay Ranch SPA One Plan. BOARDS/COMMISSIONS RECOMMENDATION: The Planning Commission held a Public Heating on August 9, 2000 and voted 6-0-0-1, to recommend approval of the amendment to the Otay Ranch SPA One Plan. · T T Page 2, Item: Meeting Date: 8/22/00 DISCUSSION: 1. Background The Otay Ranch GDP/SRP, adopted in 1993, located two high schools in the Otay Valley Parcel of Otay Ranch. One of those high schools was designated in Village Seven, and the other in Village 11. The original Otay Ranch SPA One Plan containing Villages One and Five was approved in 1996. At the time of the SPA One Plan approval, the Sweetwater High School District determined that the rate of development in Eastern Chula Vista would generate an earlier need for a high school site than previously anticipated. The high school is needed to serve the residents of Otay Ranch SPA One. As a result, the approval of the SPA One Plan included a condition requiring the applicant (The Otay Ranch Company) to amend the Otay Ranch GDP/SRP and the City of Chula Vista General Plan to relocate the high school site from Village Seven, to either Village One West, or in the northern portion of Village Two. The Sweetwater Union High School District's preferred location of the high school site was influenced by the County of San Diego Landfill located just south of Village Two West. The school district preferred a site in the northern portion of Village Two instead of Village One West because it was outside of the ½-mile radius of the county landfill. The original SPA One Plan and subsequent Tentative Map for Villages One and Five limited the issuance of building permits to 1,400 units within SPA One until the amendment to relocate the Village Seven High School was acted upon by the City. This condition also required the applicant to deliver a school site acceptable by the school district prior to issuance of the 2,650th building permit. The condition also allowed the school district to modify the schedule based on district facility needs. The Otay Ranch Company applied to amend the General Development Plan as part the addition of Village One West to the Project to fulfill the SPA One Plan and Tentative Map (C.V.T. 96-04) conditions. The City of Chula Vista General Plan and the Otay Ranch General Development Plan amendments were adopted by the City Council on November 10, 1998 (GPA-97-04 and PCM-97-10 respectively), which relocated the high school site from Village Seven to the northern portion of Village Two. In addition, the previous high school location in Village Seven was re-designated to single family residential, adding 250 dwelling units to Village Seven (from 1,501 to 1,751) as provided for in the GDP. The SPA One Plan amendment approved by Council in 1999 also included a modified schedule for delivery of the high school site. The original requirement for delivery of the school site acceptable to the district was prior to the issuance of the 2,650t~ building permit. Subsequent to the approval of the original SPA One Plan in 1996, the school district determined that the recent growth rate in Eastern Chula Vista generated an earlier need for the site, and required delivery of a site prior to the issuance of 1,400"' building permits in Otay Ranch SPA One, or as determined by the school district. Page 3, Item: Meeting Date: 8/22/00 In 1999, the school district met with City staff and the applicant to discuss the status of building permit thresholds in SPA One. The initial location of the high school site in Village Two depicted on the SPA One Land Use Plan was located within a ½-mile radius of the landfill buffer surrounding the County of San Diego Landfill. During the review of the Tentative Map for Village One, Phase Seven, the Sweetwater Union High School District determined that the Board of Trustees would have to make special findings to accept a site within a ½-mile radius of a hazardous material site such as the landfill. The district preferred to locate the high school outside of the ½-mile radius, preferably on the "borrow" site identified on the approved Tentative Map for Village One, Phase Seven. This "borrow" site identified on the Tentative Map (located on the south side of Poggi Canyon in Village Two), serves as "fill" material for construction of Olympic Parkway. This new site moves the future high school approximately 700 feet to the east from its previous location depicted in the current SPA One Land Use Plan. The SPA One Plan Land Use Map exhibit needs to be amended to reflect the District's approved location. 2. Site Characteristics The proposed high school site in Village Two is located on the south side of Poggi Canyon adjacent to Olympic Parkway, which is currently under construction. The gross acreage of the site is approximately 54 acres. The Sweetwater Union High School District requires a 50 net-acre site for construction of the Village Two high school. In order to prepare the property for delivery to the school district, the site was designated as a "borrow" site for Olympic Parkway, contain'rog fill material for the road construction. As a result, grading operations are currently underway at the site. 3. General Plan, Zoning and Land Use General Plan The City of Chula Vista General Plan and the Otay Ranch General Develol~ment Plan were amended on November 10, 1998 (GPA-97-04 and PCM-97-10 respectively), which relocated the high school site from Village Seven to the northern portion of Village Two. The previous high school location in Village Seven was re-designated to single family residential, adding 250 dwelling units to Village Seven (from 1,501 to 1,751). As a result of the amendments, the General Plan designation for this site in Village Two is now designated for a high school. The Otay Ranch SPA One Plan amendment approved in 1999 reflects the previous GDP and General Plan amendments approved in 1998. As a result of the SPA One Plan amendment, the high school site in Village Two is a part of SPA One. The 1999 SPA One amendment reflects land use changes that were incorporated in Village Two to relocate the initial Otay Ranch High School from Village Seven to Village Two. Page 4, Item: Meeting Date: 8/22/00 The City's General Plan depicts'the approved Otay Ranch GDP land uses in each village. Each of the villages including Village One, Two, Five and Six incorporate a core area as Mixed Use (MU) with surrounding Medium High density residential (18 DUs/acre). The MU designation contains the commercial, community purpose facility, park and elementary school uses for each village. Village Five of the Otay Ranch is located to the northeast and has similar General Plan and GDP designations as Village One. Village Six is located to the east and also has similar General Plan and GDP designations as Village One and Five. The existing high school site is located in the northeastern portion of Village Two. Zoning The Otay Ranch, within the City, is zoned Planned Community (PC). Land development regulations are contained in the Planned Community District Regulations within each master planned community SPA Plan. At this time, development regulations have not been proposed for Village Two in the Otay Ranch since a SPA Plan has yet to be prepared. The Village Two high school site was included as a land use in the 1999 SPA One Plan amendment at the discretion of the Sweetwater Union High School District's facility needs. Current Land Use Currently, Village Two is undeveloped. The school site is now being graded pursuant to the approved grading permit for construction of Olympic Parkway. Soil generated from current grading operations on the new high school site is currently being used as fill material to construct Olympic Parkway. To the north of the site, much of Village One is developed. The last phase of Village One (Phase Seven) is currently being graded. Village Six to the east is currently undeveloped. 4. Proposed Plan The SPA One Plan amendment proposes to modify two map exhibits in the SPA One Plan - the "SPA One Land Use Plan Map" and the "Village One Land Use Plan Map". In the supporting SPA One Public Facilities Finance Plan (PFFP) document, the "Land Use Plan Map" exhibit will also be revised. These maps will be revised to move the current Village Two High School site 700- feet to the east, to a site acceptable to the Sweetwater Union High School District. The changes to the three maps are the only changes to be made as a result of the proposed amendment. This SPA One Plan amendment implements Tentative Map (C.V.T. 96-04A) Condition #106 describing the applicants obligation to deliver a 50-net acre site to the school district, including utilities provided to the site with an all-purpose access road acceptable to the district. Page 5, Item: Meeting Date: 8/22/00 The school district has exercised its right to modify the schedule of delivery of the site prior to the issuance of the 1,400~ building permit in SPA One (which has now passed), to requiring delivery of the site to the district by October 2000. 5. Analysis The proposed amendment to the Otay Ranch SPA One Plan by the Otay Ranch Company implements the requirement to update the SPA One Land Use Map(s) and supporting PFFP Land Use Map to reflect the new location of the Village Two high school site, which has been accepted by the Sweetwater Union High School District. Section 15164 of the State CEQA Guidelines provides that the lead agency shall prepare an addendum to a previously certified EIR if changes or additions are necessary, but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred. The City's Environmental Review Coordinator has evaluated the proposed relocation of the Village Two high school site and determined that the proposed project would not constitute a substantial change to the previously approved project, nor would there be a substantial change in circumstances under which the project would be constructed. Additionally, no new information of substantial importance has become available since the preparation of the previously adopted Second-Tier Environmental Impact Report for the Otay Ranch SPA One and GDP/SRP Amendments (EIR 97-03), nor would the relocation of the high school site increase the severity of any of the impacts identified in EIR 97-03. 6. Conclusion Staff believes that the proposed amendment is consistent with the requirements of the school district, and is also are consistent with the GDP goals, objectives and policies. Therefore, staff recommends approval of the amendment. FISCAL IMPACT: This project is included in the scope of the staffing agreement with The Otay Ranch Company. All costs are covered by the deposit account under the staffing agreement. Attachments: I. Locator Map 2. Planning Commission Resolution No. PCM-00-14 3. Approved SPA One Village One Land Use Plan 4. Proposed SPA One Village One Land Use Plan 5, Addendum to Environmental Impact Report E1R 97-03 6, Disclosure Statement H:\sharcd\plmming\SPA 1 _Amend_High_School_CC RPT.doc CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR ~.uc~rr:""°~'~ OTAY RANCH COMPANY I.  : ~ ~y ~n~ ~llage 2, ~' ~VZ~GE: ~.~GH S~HOOL ~LOCATION ~ ~ of O~pic Pa~y j E~ ~ ml~on d ~y R~ High " e~ a~m~m~ 7~ · of ~ ~n~ ~ NOR~ S~NoS~le ~pc~r00_,~.:~ ~_~ h:~ome~lannin ~e~o~tom~OO11.~r 11/18199 RESOLUTION NO. PCM-00-14 RESOLUTION OF TlClE PLANNING COiM[MISSION OF THE CITY OF CItlJLA VISTA RECOMMENDING THAT ~ CITY COUNCIL APPROVE AN AMEND1VIENT TO THE OTAY RANCH SECTIONAL PLANNING AREA (SPA) tO.NE PLAN INCLUDING TltE SPA ONE PUBLIC FACILITIES FINANCE PLAN TO MOVE T~, CURRENT LOCATION OF THE VILLAGE TWO HIGH SCHOOL; WHEREAS, the property wb_ich is the subject matter 6f this resolution is identified as Exhibit "A" attached to City Council Resolution No. and described on Chula Vista Tract 96-043, and is commonly kllown as Village Two ("Property"); and WHEREAS, an apphcation to amend the Sectional Planning Area (SPA) One Plan and Public Facilities Finance Plan land use exhibits was filed with the City of Chula Vista Planning and Building D~partment on November 10, 1999 by Otay Project, LLC, The Otay Ranch Company ("Applicant"); and WHEREAS, the application requests to move the current location of the Village Two kigh school ha Otay Ranch SPA One (a 50-net acre site) approximately 700 feet to the east, to a site acceptable for the Sweetwater Union High School District; and WHEREAS, the development of the Property has been the subject matter of a Sectional Planning Area One Plan ("SPA One Plan") prexriousty approved by the City Council on June 4, 1996 by Resolution No. 18286, and as amended on February 16, 1999 by Resolution No. 19375, wherein the City Council, in the environmental evaluation of said SPA One Plan, ~-ehed in part on the original Otay Ranch SPA One Plan Final Environmental Impact Report No. 95-01, SCH #94101046 ("EIR 95-01"), and the amended Otay Ranch SPA One Plan Final Em,ironmental Impact Report No. 97-03, SCH ~.97091079 ( EIR 97-0~ ), and WHEREAS, the Apphcant filed an amendment to the SPA one Plan, PCM 97-11, and said amendment was adopted by the City Council on February 16, 1999 by Resolution No. 19375; and WHEREAS, this Project is a subsequent activity in the program of development environmentally evaluated under Program EIR 90-01, FEIR 95-01, FEIR 97-03, that is virtually identical in all relevant respects, including lot size, lot numbers, lot configurations, l~'ansportation corridors, etc., to the project descriptions in said former environmental evaluations; and WHEREAS, the City's Environmental Review Coordinator has determined that any impacts associated with the proposed Otay Ranch Sectional Planning Area One (SPA) Plan amendment relocating the Village Two high school site have been previously identified in amended SPA One Plan FEIR 97-03 and has therefore, prepared an addendum to that document; and WHEREAS, the Planning Commission set the time and place for a hearing on said Otay Ranch Sectional Planning Area (SPA).One Plan amendment (PCM-00-14) and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boandaries of the Project site at least ten days prior to the hearing; and WHEREAS, the hearing wai held at the time and place'as advertised, namely 6:00 p.m. August 9, 2000, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed.' NOW, THEREFORE, BE IT RESOLVED THAT, fi-om the facts presented to the . Planning Commission, the Commissionhas determined that the approval of an amendment to Otay Ranch Sectional Planning Area (SPA) One Plan (PCM-00-14) is consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan, Otay Ranch SPA One Plan, and all other apphcable Plans, and that the pubhc necessity, convenience, g~neral welfare and good planning practice support the approval. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends that the City Council adopt a resolution approving Otay Ranch Sectional Planning Area (SPA) One Plan amendment (PCM~00-14) in accordance with the findings contained in the attached City Council Resolution No. And thru a copy of th/s resolution be transmitted to the owners of the property and the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CltULA VISTA, CALIFORNIA, this 9th day of August, 2000 by the following vote, to-wit: AYES: NOES: ABSENUT: ABSTENTIONS: Bob Thomas, Chair ATTEST: Diana Vargas, Secretary ADDENDUM TO ENVIRONMENTAL IMPACT REPORT EIR-97-03 PROJECT NAME: Relocation of Otay Ranch Village 2 High School PROJECT LOCATION: South of Olympic Parkway between Paseo Ranchero and La Media Road PROJECT APPLICANT: The Otay Ranch Company CASE NO: EIR-97-03 DATE: July 28, 2000 I. BACKGROUND The Otay Ranch General Development Plan/County Subregional Plan (GDP/SRP), adopted in 1993, located two high schools in the Otay Valley Parcel of Otay Ranch. One of those high schools was designated in Village Seven, and the other in Village Eleven. The GDP land uses were also added to the City of Chuta Vista General Plan. The original Otay Ranch Sectional Planning Area (SPA) One Plan, containing Villages One and Five, was approved in 1996. At that time, the City, the applicant (Otay Ranch Company), and Sweetwater Sigh School District realized that development of SPA One would general~e a need for a high school site earlier than previously anticipated. Consequently, the approval of the SPA One Plan included a condition requiring the applicant to amend the Otay Ranch GDP/SRP, and the City of Chula Vista General Plan, to move the high school site from Village Seven to Village One West, or to the northern portion of Village Two. The Sweetwater Union High School District's preferred site in Village Two was based on locating the school beyond the 1,000-foot landfill "buffer" surrounding the County Landfill south of Village Two West. Locating a high school in Village Two requires (1) a General Plan Amendment to add a high school designation to Village Two land uses, and (2) a GDP/SRP amendment to add a high school to Village Two and delete a high school in Village Seven. The originally approved SPA One Plan, and subsequently approved Tentative Map for Villages One and Five, also required the applicant to agree that the City would not issue building permits for more than 1,400 units within SPA One until the amendment to relocate the Village Seven High School was acted upon by the City. To fulfill the SPA Plan and Tentative Map (C.V.T 96-04) conditions, the City of Chula Vista General Plan and the Otay Ranch GDP were amended on November 10, 1998 (GPA-97-04 and PCM-97-10, respectively), which relocated the high school site from Village Seven to Village Two. A Final Second Tier Environmental Impact Report (EIR-97-03) for the Otay Ranch SPA One and GDP/SRP Amendments was certified at the same time. Although the SPA One Plan amendment included a high school in Village Two south of Olympic Parkway, that location is within a Y2-mile radius of the landfill buffer. The approved Village One, Phase Seven Tentative Map also included a "borrow" site in Village Two for the purpose of obtaining "fill" material for Olympic Parkway. The Sweetwater EIR-97-03 Addendum #2 1 07/28/00 Union High School District prefers the "borrow" site as the hi~lh school location because it is outside the ¥2-mile landfill buffer. PROPOSED SPA ONE AMENDMENT The Otay Ranch Company proposes to amend the Otay Ranch Section Planning Area (SPA) One Plan to move the Village Two high school site (50~net acres) approximately 750 feet easterly to the "borrow" site in Village Two. The project site is located south of Olympic Parkway between Paseo Ranchero and La Media Road (see attached Exhibits 1 and 2) in Village Two of the Otay Ranch. This new location is the Sweetwater Union High School District's preferred high school site. This amendment is consistent with the City of Chula Vista General Plan and Otay Ranch GDP/SRP approved by the City Council in 1998, and related Otay Ranch SPA Plan amendment approved by the City Council in 1999. A Final Second Tier Environmental Impact Report (EIR-97-03) for the Otay Ranch SPA One and GDP/SRP Amendments was certified on November 10, 1998. The California Environmental Quality Act Guidelines (§15162) establishes the conditions under which a subsequent EIR shall be prepared. A. When an EIR has been prepared for a project, no subsequent EIR shall be prepared for that project untess the lead agency determines, on the basis of substantial evidence in light of the whole record, one or more of the following: 1. Substantial changes are proposed in the project which will require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions to the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or 3. New information of substantial importance which was not known and could not have been known with the exercise of reasonable diligence at the time the EIR was prepared. B. If changes to a project or its circumstances occur or new information becomes available after preparation of an EIR, the lead agency shall prepare a subsequent EIR if required under subsection A. Otherwise the lead agency shall determine whether to prepare a subsequent Negative Declaration, an addendum or no further documentation (Guidelines § 15162). Section 15164 of the State CEQA Guidelines provides that: A. The lead agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred. EIR-97-03 Addendum //2 2 07/28/00 B. An addendum need not be circulated for public review but can be included in or attached to the final EIR. C. The decision-making body shall consider the addendum with the final EIR prior to making a decision on the project. D. A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162 should be included in an addendum to an EIR, the lead agency's required findings on the project, or elsewhere in the record. The explanation must be supported by substantial evidence. This addendum has been prepared to pursuant to the requirements of Section 15164 of the State CEQA Guidelines. Moving the Village 2 high school site 750 feet to the east does not constitute a substantial change to the previously approved project, nor would there be a substantial change in circumstances under which the project would be constructed, and no new information of substantial importance has been presented. Moving the high school site would not result in any environmental effects that were not considered in EIR-97-03, nor would the move increase the severity of any of the impacts identified in EIR-97-03. The mitigation measures identified in EIR-97-03 would be equally applicable to the relocated school site. Therefore, in accordance with Section 15164 of the State CEQA Guidelines, the City has prepared the following addendum to the Environmental Impact Report for the Otay Ranch SPA One EIR-97-03. III. ANALYSIS The EIR concludes that the high school site would be generally compatible with the future residential uses that would surround the site to the west, east and south. Some school activities (e.g., sports fields and parking lots) could generate lighting and noise that could be viewed as a nuisance by immediately adjacent residents. Siting, operation and design measures could be incorporated into both the high school and surrounding residential area to reduce these impacts to acceptable levels. An Environmental Checklist Form was completed to determine if moving the site 750 feet to the east would change any of the analyses contained in EIR-97-03. The conclusion is that previously identified environment impacts would not be intensified as a result of the move, nor would any new impacts result. A copy of the checklist is attached. EIR-97-03 Addendum /I2 3 07/28/00 IV. CONCLUSION Pursuant to Section 15164 of the State CEOA Guidelines, and based upon the above discussion, I hereby find that the project revisions to the proposed project will result in only minor technical changes or additions which are necessary to make the Environmental Impact Report adequate under CEOA. Marilyn R. F. Ponseggi Environmental Review Coordinator References: General Plan, City of Chula Vista Title 1 9, Chula Vista Municipal Code City of Chula Vista Environmental Review Procedures Otay Ranch General Development Plan Otay Ranch SPA One Plan Otay Ranch SPA One Plan Amendments EIR-97-03 Addendum #2 4 07/28/00 Case No.IS-00-15 ENVIRONMENTAL CHECKLIST FORM 1. Name of Proponent: Otay Ranch Company 2. Lead Agency Name and Address: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 3. Address and Phone Number of Proponent: 350 W. Ash St. Ste 730 San Diego, CA 92101 (619) 234-4088 (619) 234-4050 (fax) 4. Name of Proposal: Relocation of Otay Ranch Village 2 High School 5. Date of Checklist: August 7, 2000 I. LAND USE AND PLANNING. Would the proposal: a)Conflict with general plan designation or zoning? b) Conflict with applicable environmental plans or policies adopted by agencies with .jurisdiction over the project? c) Affect agricultural resources or operations (e.g., impacts to soils or farmlands, or impacts fi.om incompatible land uses)? d) Disrupt or divide the physical arrangement of an established community (including a low- income or minority community)? Comments: The proposed High School was evaluated in the Final Second Tier EIR for the Otay Ranch SPA One Plan (SPA One EIR) that was certified on November I0, 1998. No conflicts with environmental plans or policies were identified in the EIR. The SPA One E1R concluded that the high school site would be generally compatible with future residential uses surrounding the site (p. 10-25). The SPA One EIR also concluded that agricultural impacts would be reduced to a less than significam level by implementation of the Agricultural Plan for SPA One (p. 10-30). Moving the school site would not disrupt an established community because the area is undeveloped. 1 The 50-acre site is designated as a High School in the approved Village One Land Use Plan (see Exhibit I). The current project is to reconfigure the boundaries of the site and to move the site approximately 700 feet to the east. Moving the site would be consistent with the adopted SPA One Plan high school land use designation because the proposed use and intensity of develoPnaent would remain the same. II. POPULATION AND HOUSING. Would the Po,e.~ia,y s~ta=o~ L~,~ proposal: lm~,~ MItigat~l lmpac~ Impact a) Cumulatively exceed official regional or local [] [] [] [] population projections? b) Induce substantial growth in an area either [] [] [] [] directly or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? c) Displace existing housing, especially affordable [] [] [] [] housing? Comments: The school was relocated in Village 2 to serve the Otay Ranch community as it develops. The school would not induce growth into the area, cause population projections to be exceeded, or displace housing. Potentially III. GEOPHYSICAL. Would the proposal result in or Pot~tia,~ s~r~,,t L~ ~ expose people to potential impacts involving: Impact Mitigated lml~et Impact a) Unstable earth conditions or changes in [] ~ [] [] geologic substructures? b) Disruptions, displacements, compaction or [] r~ [] [] overcovering of the soil? c) Change in topography or ground surface relief [] [] [] [] features? d) The destruction, covering or modification of ~ ri [] [] any unique geologic or physical features? e) Any increase in wind or water erosion of soils, [] ~ [] [] either on or off the site? f) Changes in deposition or erosion of beach [] [] [] [] sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay inlet or lake? g) Exposure of people or property to geologic [] [] [] [] hazards such as earthquakes, landslides, mud slides, ground failure, or similar hazards? Comments: The SPA One EIR determined that the development of residences, schools, and community facilities would result in structures that are at risk due to geologic and seismic hazards (p. 5.5-5). No major geologic conditions would constrain the school site in Village 2 and implementation of Mitigation Measures 5.5-1 through 5.5-4 in the SPA One EIR would reduce potential impacts to below a level of significance (p. 10- 29). Moving the school 700 feet to the east would not result in any previously unidentified geophysical impactS, and the mitigation measures would be equally applicable to the new location. Potentially 1W. WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, rn [] rn [] or the rate and amount of surface runoff?. b) Exposure of people or property to water [] r: [] [] related hazards such as flooding or tidal waves? c) Discharge into surface waters or other [] [] [] [] alteration of surface water quality (e.g., temperature, dissolved oxygen or turbidity)? d) Changes in the amount of surface water in any [] [] [] [] ·water body? e) Changes in currents, or the course of direction [] [] [] [] of water movements, in either marine or fresh f) Change in the quantity of ground waters, either ~ [] [] [] through direct additions or withdrawals, or through interception of an aquifer by cuts or g) Altered direction or rate of flow of [] [] [] [] groundwater? h) Impacts to groundwater quality? [] [] [] [] i) Alterations to the course or flow of flood [] [] [] [] j) Substantial reduction in the amount of water [] [] [] [] otherwise available for public water supplies? Comments: The proposed, and approved, school site drains into the Poggi Canyon drainage basin. The Poggi Canyon area is in a 100-year floodplain (Zone A Map #06073C 2176F, dated June 19, 1997). Them are no drainage facilities in the area at the current time. However, drainage from either site would be detained by the Olympic Parkway drainage basin and detention facility that will be constructed as part of the Olympic Parkway project. On-site drainage facilities would be constructed as part of the site development. The SPA One EIR determined that moving the school to Village 2 would result in minimal changes in runoff quantity or quality. Potentially significant hydrology/water quality impacts associated development of the school site would be mitigated to a less than significant level by mitigation measures 5.9-1 and 5.9-2 (p. 10- 31). Moving the school 700 feet to the east would not result in any previously unidentified water impacts, and the mitigation measures would be equally applicable to the new location. Potentially V. AIR QUALITY. Would the proposal: Potentially Significant ~ than a) Violate any air quality standard or contribute to r~ r~ r~ [] an existing or projected air quality violation? b) Expose sensitive receptors to pollutants? [] [] rn [] c) Alter air movement, moisture, or temperature, [] [] [] ~ or cause any change in climate, either locally or regionally? d) Create objectionable odors? [] [] tn r~ e) Create a substantial increase in stationary or 13 t~ r: ~ non-stationary sources of air emissions or the deterioration of ambient air quality? Comments: The SPA One EIR determined that significant, unmitigated air quality impacts would occur as a result of implementing the entire SPA One Plan Amendment (p.10-31). Constructing the school approximately 700 feet east of its currently approved location would not result in any additional air quality impacts. Short-term construction and long- term traffic impacts would not be exacerbated by moving the school site. A Statement of Overriding Considerations was adopted at the time the EIR was certified. VI. TRANSPORTATION/CIRCULATION. Would Potentially .qigMlica m lLe~_~ Ihan the proposal result in: t~,:t Mitigated lml~aCt Impact a) Increased vehicle trips or traffic congestion? [] ~ [] ~ b) Hazards to safety from design features (e.g., [] ~ [] [] sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? c) Inadequate emergency access or access to ~ [] [] [] nearby uses? d) Insufficient parking capacity on-site or off-site? [] [] [] [] e) Hazards or barriers for pedestrians or [~ [] [] ~ bicyclists? f) Conflicts with adopted policies supporting [] [] [] [] alternative transportation (e.g. bus turnouts, bicycle racks)? g) Rail, waterborne or air traffic impacts? [] [] rn a h) A "large project" under the Congestion [] ~ [] ~ Management Program? (An equivalent of 2400 or more average daily vehicle trips or 200 or more peak-hour vehicle trips.) Comments: Moving the school site, and the unnamed access road, 700 feet to the east would not change traffic volumes or patterns on the roadway network. The size of the school, and access into the campus, would be the same in either location. The school would generate 7.250 trips per day (145 ADT/ac x 50 ac.). Access to either the approved, or proposed, site would be provided by an unnamed access road (see Exhibits 1 and 2). The SPA One EIR determ'med that the implementation and consmaction of the roadways specified in the Otay Ranch SPA One Cimulation Plan would reduce traffic impact~ to a level less than significant and no project-specific mitigation measures would be required (p. 10-27). A pedestrian bridge linkage between Villages 1 and 2 is shown on the Adopted and Proposed GDP Land Use Plan (see SPA One EIR, Figure 3.4-3, 3.4-4). Moving the school site 700 feet to the east would not preclude the construction of a pedestrian bridge across Olympic Parkway. VII. BIOLOGICAL RESOURCES. Would the ~,,a.D~ s~,~r.=.nt t~t~.. proposal result in impacts to: lm~,~ ~t~t~d X~ I~=t a) Endangered, sensitive species, species of [] [] [] [] concern or species that are candidates for listing? b) Locally designated species (e.g., heritage [] [] [] [] trees)? c) Locally designated natural communities (e.g., [] [] [] [] oak forest, coastal habitat, etc.)? d) Wetland habitat (e.g., marsh, riparian and [] [] [] [] vernal pool)? e) Wildlife dispersal or migration corridors? [] [] [] [] f) Affect regional habitat preservation planning [] ~ [] [] efforts? Comments: The SPA One EIR concluded that locating the high school site in Village 2 would not impact any sensitive vegetation. The entire site has been graded pursuant to a grading permit issued for the construction of Olympic Parkway. Prior to grading, a biological inventory was conducted for the high school site by Dudek & Associates, Inc. on April 13-14, 1999 (see Otay Ranch SPA-1 High School Site Biological Survey Summary, Dudek & Associates, Inc., May 12, 1999). The site was documented as being vegetated with annual (non-native) grassland and was currently used for agricultural purposes. Focused surveys were conducted for the California gnatcatcher (Polioptila californica), dot-seed plantain (Plantago erecta), Quino cbeckerspot butterfly (Euphydryas editha quino), Otay tarplant (Hemizonia conjugens), and San Diego thornmint (Acantomintha ilicifolia). The results of the surveys were negative. Jurisdictional areas of the U.S. Army Corps of Engineers border the northwest edge of the site; however, no jurisdictional areas are located on-site. No vernal pools were identified on-site. No significant impacts would result from relocating the high school because the proposed site does not contain sensitive habitat or sensitive species VIII. ENERGY AND MINERAL RESOURCES. si~r~t u,a~ si~,ar,~,t so Would the proposal: 5 %/9 I r T a) Conflict with adopted energy conservation [] [] c~ [] plans? b) Use non-renewable resources in a wasteful and r~ [] [] [] inefficient manner? c) If the site is designated for mineral resource [] [] r~ [] protection, will this project impact this protection? Comments: Moving the school 700 feet to the east would not result in any energy and mineral resource impacts. The SPA One EIR Initial Study checklist concluded there would be not significant impa.cts related to these issues (p. 9-1). IX. HAZARDS. Would the proposal involve: a) A risk of accidentfil explosion or release of rn [] r~ [] hazardous substances (including, but not limited to: petroleum products, pesticides, chemicals or radiation)? b) .Possible interference with an emergency [] [] [] [] response plan or emergency evacuation plan? c) The creation of any health hazard or potential [] [] [] [] health hazard? d) Exposure of people to existing sources of [] [] [] [] potential health hazards? e) Increased fire hazard in areas with flammable [] [] ~ [] brush, grass, or trees? Comments: The SPA One EIR did not identify any public safety (hazards) impacts associated with locating the high school in Village 2 (p. 10-32). Moving the school 700 feet to the east would not result in any additional impacts. X. NOISE. WouM the proposal result in: roteuti~y s',v~n~t I.~ th~ a) Increases in existing noise levels? ~ ~ rn ~ b) Exposure of people to severe noise levels? ~ t~ r~ ~ Comments: The SPA One EIR determined that a portion of the school site would be exposed to traffic noise levels in excess of 65 dB CNEL (p. 10-31). The same noise exposure would apply to the currently proposed school site. Siting the noise-sensitive school facilities outside the 65dB CNEL contour would avoid adverse impacts. Noise attenuation measures such as berms and walls could be used to reduce noise levels below 65 dB CNEL, and avoid noise impacts. Construction noise would have potentially significant impacts on surrounding residential areas. Construction noise impacts would be the same in either school location. Implementation of mitigation measure 5.11-1 would minimize the impact, but not to a less than significant level (p. 10-3I). A Statement of Overriding Considerations was adopted when the EIR was certified. XI. PUBLIC SERVICES. Would the proposal have ~,,t~. s~a~,t t~t~, an effect upon, or result in a need for new or t~a mavst~ ~m~t ~=p~a altered government services in any of the following a) Fire protection? t2 [] [] [] b) Police protection? [] [] [] [] c) Schools? D [] [~ [] d) Maintenance of public facilities, including [] [] [] [] roads? e) Other governmental services? [] [] r~ [] Comments: Moving the school site 700 feet to the east would not affect the provision of fire or police services, public facilities, or other services. Access to the site would be the same, except it would be 700 feet further east. The SPA One EIR did not identify any adverse public service impacts associated with locating the school in Village 2 (p. 10- ~9 Xt~I. Thresholds. Will the proposal adversely impact [] [] [] [] the City's ThreshoM Standards? As described below, the proposed project does not adversely impact any of the seen Threshold Standards. a) Fire/EMS [] [] [] [] The City's Threshold Standards requires that fire and medical units must be able to respond to calls within 7 minutes or less in 85% of the cases and within 5 minutes or less in 75% of the cases. The City of Chula Vista has determined that this threshold standard will be met because fire services would be provided in accord with the Otay Ranch Fire Master Plan and EMS Master Plan. Comments: The SPA One EIR states that potential impacts to fire protection and emergency medical services will be evaluated at the SPA-level analysis required for the approval of the SPA for Village 2. Therefore, no significant impacts to fire protection and emergency medical services are anticipated with the proposed changes to residential units in Village 2 (p. 5.12-30). No impacts were identified for locating the school in Village 2 (p. 10- 32). The current proposal to move the school 700 feet to the east would not result in any additional Fire Service/Emergency Medical Services (EMS) impacts. The Findings of Fact adopted for the SPA One EIR found that the SPA One Plan and the Otay Ranch SPA One Public Facilities Finance Plan (PFFP) would achieve mitigation measures and performance standards set forth in the Otay Ranch GDP/SRP Findings for fire and EMS services. The City also found that performance of referenced mitigation measures and performance standards for fire are assured through required applicant participation in the City's development impact fee program (Findings, p. 53). b) Police rn r~ r~ a The City's Threshold Standards require that police units must respond m 84% of Priority 1 calls within 7 minutes or less and maintain an average response time m all Priority 1 calls of 4.5 minutes or less. Police units must respond to 62.10% of Priority 2 calls within 7 minutes or less and maintain an average response time to all Priority 2 calls of 7 minutes or less. The proposed project will comply with this Threshold Standard. Comments: The SPA One EIR states that potential impacts to police services will be evaluated at the SPAqevel analysis required for the approval of the SPA for Village 2. Therefore, no significant impacts to police services are anticipated with the proposed changes to residential units in Village 2 (p, 5.12-30). No impacts were identified as a result of locating the school in Village 2 (p, 10-32), The current proposal to move the school 700 feet to the east would not result in any additional police service impacts. The Findings of Fact adopted for the SPA One EIR found that the SPA One Plan and the PFFP achieve mitigation measures and performance standards set forth in the GDP/SRP Findings for law enforcement services. The City also found that performance of referenced mitigation measures and performance standards for law enforcement is assured through required applicant participation in the City's development impact fee program (Findings, p. 52). c) Traffic [] [] [] [] The City's Threshold Standards require that all intersections must operate at a Level of Service (LOS) "C" or better, with the exception that Level of Service (LOS) "D' may occur during the peak two hours of the day at signalized intersections. Intersections west of 1-805 are not to operate at a LOS below their 1987 LOS. No intersection may reach LOS "E" or "F" during the average weekday peak hour. Intersections of arterials with freeway ramps are exempted from this Standard. The proposed project will comply with this Threshold Standard. Comments: The SPA One EIR determined that the implementation and construction of roadways specified in the Otay Ranch SPA One Circulation Plan would reduce traffic impacts to a level less than significant and no project specific mitigation measures are required (p. 10-27). Moving the school site 700 feet easterly along Olympic parkway would not result in any potential impacts not previously considered. d) Parks/Recreation r~ r~ [] [] The City's Threshold Standard for Parks and Recreation is 3 acres/1,000 population. The proposed project will comply with this Threshold Standard. Comments: The siting of the high school in Village 2 would not increase the demand for additional parkland or recreational services (p. 10-32). Moving the school further east would not result in any impacts not previously considered. e) Drainage [] [] [] [] The City's Threshold Standards require that storm water flows and volumes not exceed City Engineering Standards. Individual projects will provide necessary improvements consistent with the Drainage Master Plan(s) and City Engineering Standards. The proposed prt~ject will comply with this Threshold Standard. Comments: Moving the school site 700 feet to the east would not impede the project's ability to comply with City Engineering Standards. Relocating the school further east would not result in any impacts not previously considered. f) Sewer [] [] [] [] The Threshold Standards require that sewage flows and volumes not exceed City Engineering Standards. Individual projects will provide necessary improvements consistent with Sewer Master Plan(s) and City Engineering Standards. The proposed project will comply with this Threshold Standard. Comments: The SPA One EIR determined that the SPA One Plan Amendment would not result in substantial increase in sewer flows and that no significant impacts would occur (p. 5.12- 12). Moving the school 700 feet to the east would not result in any sewer impacts not previously considered. g) Water r~ rn r~ [] The Threshold Standards require that adequate storage, treatment, and transmission facilities are constructed concurrently with planned growth and that water quality standards are not jeopardized during growth and construction. The proposed project will comply with this Threshold Standard. Comments: The SPA One EIR determined that the SPA One Plan Amendmem would not result in substantial increase in water demand and that no significant impacts would occur (p. 5.12-4). Moving the school 700 feet to the east would not result in any new impacts not ............... ~ · ET previously considered. Pot eatially XIII. UTILITIES AND SERVICE SYSTEMS. WouM ~o,~,~,y sirra,, ~ ~. the proposal result in a need for new ~. stems, or ~=~=a ~t~ ~t h~w~ substantial alterations to the following utilities: a) Power or natural gas? [] [] ~ [] b) Communications systems? [] rn rn [] c) Local or regional water treatment or [] [] [] [] distribution facilities? d) Sewer or septic tanks? [] [] [] [] e) Storm water drainage? [] [] [] [] f) Solid waste disposal? [] [] [] [] Comments: Public service demands were analyzed in the SPA One EIR (see Section 12). Locating the high school in Village 2 would not require new systems or substantial alterations to any of the planned service systems. Providing a 50-acre high school site is consistent with the mitigation agreement between the applicant and Sweetwater High School District (see SPA One EIR, p. 5.12-21). The site is to be delivered in a finish-graded condition with utilities extended m the site. Moving the school 700 feet to the east would not result in any new impacts not previously considered. XIV. AESTHETICS. Would the proposal: a) Obstruct any scenic vista or view open to the [] [] [] [] public or will the proposal result in the creation of an aesthetically offensive site open to public view? b) Cause the destruction or modification of a [] [] [] [] scenic route? c) Have a demonstrable negative aesthetic effect? [] [] [] d) Create added light or glare soumes that could r~ ~ [] [] increase the level of sky glow in an area or cause this project to fail m comply with Section 19.66.100 of the Chula Vista Municipal Code, Title 197 e) Produce an additional amount of spill light? ~ t2 [] [] Comments: A conceptual grading plan for the approved high school site was included in the SPA One EIR (see Figure 10.3.2). This conceptual grading plan was used as the basis of the landform/visual quality analysis. The E1R analysis addressed landform alteration (grading), steep slopes, public views, and private views. The scenic route designation 10 of Olympic Parkway was considered in the public view analysis. Grading of the site would involve 1,750,00 cubic yards (cu.yds.) of excavation and 720,000 cu.yds, of fill. The excess cut material will be used in the construction of Olympic Parkway. The maximum height of the cut slope would be 64 feet and the average height of cut slope would be 28 feet. The maximum height of fill slope would be 44 feet and the height of the average fill slope would be 17 feet. The slopes along Olympic Parkway would be less than 40 feet high and other slopes around the site would not exceed 50 feet in height (p. 10-29). The EIR analysis concluded that construction of the high school would result in short-term construction impacts, long- term nighttime lighting and grading impacts. Moving the school site 700 feet to the east would not result in any impacts not previously considered and the mitigation measures would be equally applicable to the new location. Implementation of mitigation measures 5.4-1 through 5.4-3 of the SPA One EIR (EIR 97-03) would reduce the impacts, but not to below a level of significance. A Statement of Overriding Considerations was adopted when the EIR was certified. XV. CULTURAL RESOURCES. Would the ~.o~.~t~ny s~ia=., L~t~.. a) Will the proposal result in the alteration of or r~ [] [] [] the destruction or a prehistoric or historic archaeological site? b) Will the proposal result in adverse physical or ~ r~ [] [] aesthetic effects to a prehistoric or historic building, structure or object? c) Does the proposal have the potential to cause a ~ [] [] [] physical change which would affect unique ethnic cultural values? d) Will the proposal restrict existing religious or [] [] [] [] sacred uses within the potential impact area? e) Is the area identified on the City's General Plan [] [] [] [] EIR as an area of high potential for archeological resources? Comments: The SPA One EIR (EIR 97-03) concluded that the school site would impact two archaeology sites (SDI 12,282 and 12,283) (p. 10-30). A subsequent significance- testing program was completed for these sites by Brian F. Smith Associates ~ Archaeological Survey and Evaluation of Cultural Resources for the Village 2 High School Site, Otay Ranch. July 21, 1999). This testing survey and testing program evaluated the currently proposed high school site (i.e., the site 700 feet east of the approved site). Sites SDI 12,282 and 12,283 were determined to be less than significant according to the criteria listed in CEQA, Section 15064.5. Consequently, moving the school site to the proposed location would not result in any significant cultural resource impacts. XVI. PALEONTOLOGICAL REsoURcEs. Will the r~ rn [] [] proposal result in the alteration of or tile destruction of paleontological resources ? Comments: The proposed school site, as well as the currently approved site, is underlain by alluvium (Qal), Otay Formation (Oo), and San Diego Formation (Tsd). Both Oo and Tsd formations are likely to contain fossil resources (see SPA One EIR, p. 5.7-3). Implementation of mitigation measures 5.7-1 through 5.7-4 would reduce potential impacts to below a level of significance (p. 10-30). XVII. RECREATION. WouM the proposal: ~ot~t~uy si~r~nt t~t~n a) Increase the demand for neigbborhood or [] [] [] [] regional parks or other recreational facilities? b) Affect existing recreational opportunities? [] [] [] [] c) Interfere with recreation parks & recreation [] [] [] [] plans or programs? Comments: The high school, in its approved location, or at the proposed site further to the east, would not increase the demand for parks or recreational facilities. The proposed school complex includes recreational facilities that would be available to the public during non- school hours. X-VIII. MANDATORY FINDINGS OF ro,entany s~,n, ~t~n SIGNIFICANCE: See Negative Declaration for ~p~ mgg.~.d t.p.~ ~p~ mandatory findings of significance. If an EIR is needed, this section should be completed. a) Does the project have the potential to degrade ~ [] [] ~ the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods or California history or prehistory? Comments: The proposed school site, as well as the approved school site, are included in the adopted Otay Ranch General Development Plan and the Otay Ranch SPA One Plan. Development of either site would not degrade the quality of the environment because the school is imegrated into the overall development plan for Otay Ranch. As explained in the above discussion of biological resources, the proposed school site does not contain sensitive biological resources. b) Does the project have the potential to achieve r~ [] [] a short-term, to the disadvantage of long-term, environmental goals? Comments: The relocation of the high school to Village 2 of the Otay Ranch General Development Plan was approved .because Village 7, where it was previously located, will not be developed concurrent with the need for a high school (GPA Spa One EIR, p. 3-5). The relocation was approved as part of the Otay Ranch SPA One Plan. Moving the school site 700 feet to the east would be consistent with both short-term and long-term environmental goals of providing an educational facility consistent with the need for additional educational services. c) Does the project have impacts that are ~ [] [] [] individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) Comments: Cumulative effects related to the movement of the school site to Village 2 were considered in the SPA One EIR. No adverse cumulative effects were identified as a result of moving the school from Village 7 to Village 2 (SPA One EIR, Section 6). Construction of the school will assist in alleviating current overcrowded conditions in local schools. Moving the school 700 feet to the proposed site would not result in any cumulative effects that were not considered in the SPA One EIR. d) Does the project have environmental effects, [] [] [] g which will cause substantial adverse effects on human beings, either directly or indirectly? Comments: Moving the high school site 700 feet to the east would not adversely human beings. The site and the immediately surrounding area are undeveloped at this time. The school will be constructed concurrently with residential development to the north and west. XIX. PROJECT REVISIONS OR MITIGATION MEASURES: The mitigation measures cited in this checklist have been incorporated into the project through the approval of the Otay Ranch SPA One and GDP/SRP Amendments and will be implemented during the design, construction or operation of the project. XX. AGREEMENT TO IMPLEMENT MITIGATION MEASURES By signing the line(s) provided below, the Applicant(s) and/or Operator(s) stipulate that they have each read, understood and have their respective company's authority to and do agree to the mitigation measures contained herein, and will implement same to the satisfaction of the Environmental Review Coordinator. Failure to sign the line(s) provided below prior to adoption of the Addendum shall indicate the Applicants' and/or Operator's desire that the Project be held in abeyance without approval. Printed Name and Title of Authorized Representative of [Property Owner's Name] Signature of Authorized Representative of Date [Property Owner's Name] Printed Name and Title of [Operator if different from Property Owner] Signature of Authorized Representative of Date [Operator if different from Property Owner] XXI. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated," as indicated by the checklist on the following pages. [] Land Use and Planning [] Transportation/Circulation [] Public Services [] Population and Housing [] Biological Resources [] Utilities and Service Systems [] Geophysical [] Energy and Mineral Resources [] Aesthetics [] Water [] Hazards [] Cultural Resources [] Air Quality [] Noise [] Recreation [] Paleontological [] Mandatory Findings of Significance Resources XXII. DETERMINATION: On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, [] and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, [] there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an [] ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect(s) on the environment, but at [] least one effect: 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impacts" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects · (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. An addendum has been prepared to provide a record of this determination. Signature Date Marilyn M.F. Ponseggi Environmental Review Coordinator City of Chula Vista 16 ¥ Appendix B THE Ci'. OF CHULA VISTA DISCLOSURE ST,-.. EMENT You are required to file a Statement of Disclosure of certain ownership or tnancial interests, payments, or campaign contributions, on all matters which will require discretionary action.on the part of the City Council, Planning Commission, and all other official bodies. The following information musI be disclosed: 1. List the names of all persons having financial interest in the property which is the subject of the application or the contract, e.g., owner applicant, contractor, subcontractor, material supplier. So.th Bay I>e'gelopmeat. ~ Otay R~ch Dergelopment, LLC 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 shares in the corporation or owning any partnership interest in the partnership. ........ A.1. Jim Bald~d.n 3. if any person* identified pursuant to (1) above is norrprofit organization or a trust, list the names of any person serving as dire~or of the non-profit organization or as trustee or beneficiary or ~rustor of the trust, Rone 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 months? Yes __ No X If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants, or independent contractors who you have assigned to represent you before the City in this maber. Jim Baldwi~ Kent Aden Chuck Cater Da'gid Green KoDert tCa~eron Roy Peace Kim ~i~kem~y R~-~e Hunter 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election pedod? Yes ,,, No ~, If yes, state which Councilmember(s): (NOTE: ATTACH ADDFFIONAL PAGES AS NECES~R.,.~,~ · 'Date: / / ,~ature of cont~ctor/applicant Print or type name of contractor/applicant * Person is defined as: 'Am-, individual, firm. co-parmer~hip, joint ~era~re. associazior~ social club. frealernal organizanott corporat,on. extaze, trot. reserver. ~. ndicale, this anti am., other canzno, cz~ and courtier.', ciO, rnunic~ditv district, or other political ~-ubdivisior~ or aro_ , other group or combin~on acting as a uni£ " ~.. ~.~ / '''". RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE OTAY RANCH SECTIONAL PLANNING AREA (SPA) ONE PLAN INCLUDING THE SPA ONE PUBLIC FACILITIES FINANCE PLAN TO MOVE THE CURRENT LOCATION .OF THE VILLAGE TWO HIGH SCHOOL WHEREAS, the property which is the subject matter of this resolution is identified as Exhibit "A" and described on Chula Vista Tract 96-04A, and is commonly known as Village Two ("Property"); and WHEREAS, an application to amend the Sectional Planning Area (SPA) One Plan and Public Facilities Finance Plan land use exhibits ("Project") was filed with the City of Chula Vista Planning and Building Department on November 10, 1999 by Otay Project, LLC, The Otay Ranch Company ("Applicant"); and WHEREAS, the application requests to move the current location of the Village Two high school in Otay Ranch SPA One (a 50-net acre site) approximately 700 feet to the east, to a site acceptable for the Sweetwater Union High School District; and WHEREAS, the development of the Property has been the subject matter of a Sectional Planning Area One Plan ("SPA One Plan") previously approved by the City Council on June 4, 1996 by Resolution No. 18286, and as amended on February 16, 1999 by Resolution No. 19375, wherein the City Council, in the environmental evaluation of said SPA One Plan, relied in part on the original Otay Ranch SPA One Plan Final Environmental Impact Report No. 95-01, SCH #94101046 ("EIR 95-01"), and the amended Otay Ranch SPA One Plan Final Environmental Impact Report No. 9%03, SCH #97091079 ("EIR 97-03"); and WHEREAS, the Applicant filed an amendment to the SPA One Plan, PCM 97- 11, and said amendment was adopted by the City Council on February 16, 1999 by Resolution No. 19375; and WHEREAS, this Project is a subsequent activity in the program of development environmentally evaluated under Program EIR 90-01, FEIR 95-01, FEIR 97-03, that is virtually identical in all relevant respects, including lot size, lot numbers, lot configurations, transportation corridors, etc., to the project descriptions in said former environmental evaluations; and Resolution Page 2 WHEREAS, the City's Environmental Review Coordinator has determined that any impacts associated with the proposed Otay Ranch Sectional Planning Area One (SPA) Plan amendment relocating the Village Two high school site have been previously identified in amended SPA One Plan EIR-97-03 and has therefore, prepared an addendum to that document; and WHEREAS, the Planning Commission set the time and place for a hearing on said Otay Ranch Sectional Planning Area (SPA) One Plan amendment (PCM-00-14) and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners within 500 feet of the exterior boundaries of the Project site at least ten days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised on August 9, 2000, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission, and was thereafter closed; and WHEREAS, by a vote of 6-0-0-1 the Planning Commission recommended approval the project; and WHEREAS, a public hearing was scheduled before the City Council of the City of Chula Vista on the Otay Ranch SPA One Plan Amendment, which includes the SPA One Public Facilities Finance Plan. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find, determine, resolve and order as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on held on this Project on August 9, 2000, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. II. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council hereby finds that the Project, as described and analyzed in the FEIR 97-03, would have no new effects that were not examined in said FEIR [Guideline 15168 (c)(2)]; and Resolution Page 3 III. CEQA FiNDING REGARDING PROJECT WITHIN SCOPE OF PRIOR PROGRAM EIR The City Council hereby finds that: (1) there were no changes in the Project from the FEIR 97-03 which would require revisions of said reports; (2) no substantial changes have occurred with respect to the circumstances under which the Project is undertaken since the previous reports; (3) and no new information of substantial importance to the Project has become available since the issuance and approval of the prior reports; and that, therefore, no new effects could occur or no new mitigation measures will be required in addition to those already in existence and made a condition for Project implementation. Therefore, the City Council approves the Project as an activity that is within the scope of the project covered by the FEIR 97-03 [Guideline 15168(c)(2) and 15162(a)]. IV. INDEPENDENT JUDGEMENT OF CITY COUNCIL The City Council finds that the Addendum prepared to EIR 97-03 reflects the independent judgement of the City Council of the City of Chula Vista and hereby adopts the Addendum to EIR 97-03. V. INCORPORATION OF ALL REASONABLE MITIGATION MEASURES AND ALTERNATIVES The City Council does hereby re-adopt and incorporate herein as conditions for this approval all applicable mitigation measures and alternatives, as set forth in the findings adopted in the Mitigation Monitoring Program for FEIR 97-03. VI. NOTICE WITH LATER ACTIVITIES The City Council does hereby give notice, to the extent required by law, that this Project was fully described and analyzed and is within the scope of the FEIR 97- 03 adequately describes and analyzes this project for the purposes of CEQA [Guideline 15168(e)]. Notice of EIR 97-03 was given on November 10, 1998. VIi. CONSISTENCY WITH THE GENERAL PLAN The City Council hereby adopts the Project and finds that the proposed Project is consistent with the General Plan for the following reasons: A. THE PROPOSED PLAN AMENDMENTS ARE IN CONFORMITY WITH THE CHULA VISTA GENERAL PLAN. I r T Resolution Page 4 The Otay Ranch Sectional Planning Area One (SPA) Plan Amendment reflects the General Development Plan Amendment that relocated a high school in Village Two. This land use is consistent with the Otay Ranch General Development Plan and Chula Vista General Plan. B. THE PROPOSED SECTIONAL PLANNING AREA PLAN AMENDMENT WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREA. The SPA One Plan Amendment does not modify the approved provisions and requirements to ensure the orderly, phased development of the project. C. THE PROPOSED SECTIONAL PLANNING AREA PLAN AMENDMENT WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. The land uses within Otay Ranch are designed with an open space buffer adjacent to other existing projects, and future developments off-site and within the Otay Ranch Sectional Planning Area One. A Sectional Planning Area Plan for Village Two will be required to contain a comprehensive street network that serves the project and provides for access to off-site adjacent properties. The proposed plan closely follows all existing environmental protection guidelines and will avoid unacceptable off-site impacts through the provision and implementation of mitigation measures specified in EIR 97-03. Presented by Approved as to form by Robert Leiter John M. Kaheny Planning and Building Director City Attorney 14:\shared\attorney\SPAl Amend_High_School CCReso.doc Resolution Page 5 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 22"a day of August, 2000, by the following vote: AYES: Councilmembers: Davis, Moot, Padilla, Salas and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Shirley Horton, Mayor ATTEST: Susan Bigelow, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. __ was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 22"d day of August, 2000. Executed this 22'~a day of August, 2000. Susan Bigelow, City Clerk COUNCIL AGENDA STATEMENT Meetin~ Date ~1~100 ITEM TITLE: PUBLIC HEARING: PCS-00-03; Consideration of a Tentative SubdivisionMap known as Eastlake Trails North, Chula Vista Tract 00-03, for a 207 lot subdivision on 30.6 acres at the southeast comer of Otay Lakes Road and Hume Parkway within the EastLake Trails Planned Community. Resolution A Resolution of the City Council of the City of Chula Vista approving and establishing conditions of the tentative subdivision map for Eastlake Trails North, Chula Vista Tract 00-03. SUBMITTED BY: Director of Planning and Building//~/ REVIEWED BY: City Manager ~1(7i,- (4/Sths vote: Yes No X ) The EastLake Company submitted an application requesting approval of a tentative subdivision map known as EastLake Trails North, TN-5 &rl~--6, Chula Vista Tract 00-03, in order to subdivide 30.6 acres into 207 single family lots, four open space lots and associated street improvements. The site is located at the southeast comer of Hunte Parkway and Otay Lakes Road within the EastLakeTrials planned community (see Locator) The Environmental Review Coordinator has determined that environmental review for this project was covered under previous FSEIR 97-04, EastLake Trails/Green Replanning Program, and therefore no further action is necessary. BOARDS/COMMISSIONS RECOMMENDATION On August 9, 2000, the Planning Commission voted 6-0-0-1 to recommend that the City Council approve the EastLake Trails North Tentative Subdivision Map, Chula Vista Tract 00-03, in accordance with Planning Commission Resolution PCS-00-03. RECOMMENDATION Adopt attached Resolution PCS 00-03 approving Tentative Subdivision Map Chula Vista Tract 00- 03 in accordance with the findings and subject to the conditions contained in the attached City Council Resolution. Page No. 2, Item: Meeting Date: 8/22/00 The subject site, which consists of two "Super Lots" (i.e., large parcels designed for further subdivision) was created as part of the recently approved (1999) EastLake Trails Master Tentative Subdivision Map. The EastLake Trails Master Subdivison Map subdivided approximately 323 acres into residential lots accommodating approximately 749 single family lots and four super lots to house 394 units for a combined total of 1,143 dwelling units. The two super lots are identified on the Master Tentative Map as parcels TN5 and TN6 and shown as a portion of Parcel R-4 in the SPA's Site Utilization Plan (see Figures A and B). Site Characteristics The subject site is an irregularly shaped parcel limited to the north by Otay Lakes Road; to the west by Eastlake Parkway; to the south by a recently subdivided and graded residential building pad (Trails neighborhood TS- 4); to the east by undisturbed natural terrain which is part of the Trails second phase of development (Neighborhood TN-l); and to the east by vacant land designated for Community Purpose facilities. The existing terrain is approximately 15 to 25 ft below Otay Lakes Road and 30 ft below Hunte Parkway, and consists of gentle rolling hills and slopes, which vary in height by approximately 40 feet. Zoning and Land Use Zoning Site Utilization Plan Land Use District Existing Land Use Designation Map Designation Site PC(Planned R4(portion) Low- RP-SL(Res. Small vacant Community) Meal Res. lot); RP- 13 (Res. Planned Concept) North Otay Lakes Road N/a N/a N/a South PC(Planned R-4 (low rned ms) RS-5(Res. Single N/a Community) Family);RP-SL (Res. Small Lot) East PC(Planned CPF CPF vacant Community) West Hunte Parkway N/a N/a N/a Prqject Description The proposed Tentative Subdivision map consists of subdividing 30.6 acres, known as Parcels TN-5 and Parcel TN-6, into 207 single family lots, four (4) open space lots, which are primarily landscaped slope banks, and associated street improvements. The proposed lot product for Parcel TN-6 is 50' X 55' (2,750 sq. ft.). The average lot size is 3,942 sq. ft. The lot product for Parcel TN-5 is 45' X 70' (3,150). The average lot size is 3,899 sq. ft. Page No. 3, Item: Meeting Date: 8/22/00 The proposed grading will produce two level building pads separated by a 25 ft.elevation difference. The finish grade elevation of the northern pad will remain approximately 20 below Hunte Parkway and 12 feet below Otay Lakes Road. ANALYSIS: Compliance with the EastLake II General Development Plan and EastLake Trails The EastLake II General Development Plan (GDP), which established the general pattern, intensity and character of development, designates this site LM, Residential Low Medium density (3-6 du/ac). The SPA Site Utilization Plan identifies this site as a portion of parcel R-4, which contains 533 target dwelling units at a density of 5.0 du/ac. The first 325 lots were created as part of the EastLake Trails Master Tentative Map, approved by City Council on May 4, 1999. The proposed 207 residential lot subdivision represents the remaining portion of parcel R-4 which was previously mapped under the Eastlake Trails Master Tentative Map. The combined total residential units is 532, which is one less than the target density and permitted number of dwelling units. Thus, as conditioned, this tentative subdivision map is in substantial compliance with the EastLake II General Development Plan (GDP) and Eastlake Trails Sectional Planning Area (SPA) plan. Compliance with Planned Community Regulations The applicable development standards for neighborhoods TN-5 and TN-6, as well as those proposed by the applicant are shown in the table below. TN-5 required TN-5 TN-6 required TN-6 (RP-13) proposed (RP-SL) proposed Lot Area: 3,000 s.f. 3,150 2,500 2,750 s.f. Lot Width: 38 45 50 50 Lot Depth: 50 70 50 55 As shown in the table above, the proposed project exceeds the minimum lot development standards prescribed in the Planned Community District Regulations, and therefore the project is in substantial compliance with the Eastlake II Planned Community District Regulations. Property development standards would be developed at the time the residential product is submitted for Design Review approval. Page No. 4, Item: Meeting Date: 8/22/00 Noise Attenuation The acoustical analysis conducted under previous subsequent E[R 97-04 (EastLake Trails/Greens Replanning Program) requires noise mitigation measures in the form of sound attenuation walls. The location of such walls includes those portions of Hunte Parkway and Otay Lakes Road, which provide frontage for the project. The precise location and height of said acoustical walls is currently being studied based upon the actual grading of the project site. Staff has included a condition of approval requiring that the precise location and height of said walls be submitted to staff for review and approval prior to issuance of first final map. Because the required height of said walls will exceed 6 feet in some locations, the additional height must be reviewed and approved as part of the administrative Design Review Process. Scenic Highways Both Hunte Parkway and Otay Lakes Road are designated as scenic highways in the Land Use Element of the City's General Plan. Because the project is located adjacent to these scenic highways, the General Plan requires the finding of design compatibility. This would include the provision of such things as landscape buffers, decorative walls, enhanced rear elevations, etc. This will be determined through the administrative design review process, which should include review of architectural design, siting and height of structures, landscaping, signage and utilities. Administrative Design Review Process Small lot single family detached housing projects are subject to Administrative Design Review in order to establish development standards (building setbacks, lot coverage, etc) and compatible architecture. The project will be conditioned to obtain Administrative Design Review approval for all structures, including acoustical and perimeter walls, prior to approval of the first final map. Conclusion A portion the overall EastLake Trails area has already been lotted for small lot products as part of the EastLake Trails Master Tentative Map (CV 99-03). The proposed project will provide a continuation of this small lot design which features standard public streets and cul-de-sacs with pedestrian walks on both sides and ample maneuvering area for emergency vehicles. A condition of approval requires that, where feasible, pedestrian linkages be made between the terminus of each cul-de-sac to the closest public street. The proposed 3,150 and 2,750 square foot products allow the applicant the opportunity to provide a wider variety of housing product within the planned community and complement the existing housing composition and the character envisioned in the SPA plan. The applicant is requesting approval of a number of street and lot design waivers in order to accommodate the proposed small lot product. Engineering staff has reviewed each of these waivers Page No. 5, Item: Meeting Date: 8/22/00 and found them to be acceptable for this project. Condition 78 of the City Council Resolution describes in more detail each of these requested waivers and staff's position. For the reasons mentioned above, staff recommends approval of the proposed Tentative Subdivision Map, Chula Vista Tract 00-03 in accordance with the f'mdings and subject to the conditions contained in the attached Draft City Council Resolution. FISCAL IMPACT: The applicant has pad for all costs associated with the processing of this tentative map. Attachments 1. Locator Map 2. Planning Commission Resolution 3. Figures 4. Disclosure Statement H:\HOME\PLANNING\JEFF\Eastlake\TRAILS\A 113.PCSOOO3.doc PROJECT LOCATION LOCATOR PROJECT THE EASTLAKE COMPANY, LLC. PROJECTDESCRIP33ON: APPUCANT: ) PROJECT E~STLAKE TRAILS NORTH, TENTATIVE SUBDIVISION MAP ADDRESS: SE comer of Hunte Parkway Request: Proposed and Otay Lakes Road units will be part of the larger Eastlake Trails project SCALE: FILE NUMBER: shown on Chula Vista Tract Map No. 99-03. NORTH No Scale PCS - 00-03 C:\myfiles\Iocators\PCS0003.cdr 06/16/00 ATTACHMENT 2 RESOLUTION NO. PCS-00-03 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL APPROVE THE TENTATIVE SUBDMSON MAP FOREASTLAKE TRAILS NORTH, CHULA VISTA TRACT 00-03. WHEREAS, a duly verified application for a tentative subdivision map was filed with the Planning and Building Department of thc City of Chuta Vista on April 14, 2000 by Thc Eastlake Company ("Developer"); and, WHEREAS, said application requests approval to subdivide two super lots, identified as TN 5 and TN 6 on the Eastlake Trails Master Tentative Map, totaling 30.6 acres into 207 residential lots and 5 open space lots ("Project"); and, WHEREAS, the property is located at the southeast corner of Otay Lakes Road and Hunte Parkway within the Eastlake Trails Master Planned Community and P-C Zone District; and, WHEREAS, thc Project is a further subdivision of two super lots created by Eastlake Trails Master Tentative Map, Chula Vista Tract 99-03; and, WHEREAS, the Environmental Review Coordinator has determined that the proposed project was covered under previous FSEIR 97-04, EastLake Trails/Greens Rcplanning Program, and therefore no further action is necessary; and WHEREAS, thc Planning Director set the time and place for a hearing on said tentative subdivision map application and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in thc city and its mailing to property owners and residents within 500 fcct of the exterior boundaries of the property at least I0 days prior to the hearing; and, WHEREAS, the Planning Commission has previously considered FSEIR 97-04 and, therefore, no further environmental action by the Commission is necessary. WHEREAS, thc hearing was held at the time and place as advertised, namely August 9, 2000 at 7:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and, WHEREAS, thc Planning Commission considered all reports, evidence, and testimony presented at the public hearing with respect to subject application. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNiNG COMMISSION does hereby recommend that the City Council adopt thc attached draft City Council Resolution approving Tentative Subdivision Map for Chula Vista Tract 00-03 in accordance with the findings and subject to the conditions contained in the attached City Council Ordinance. BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City Council. /0 -7 PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 9th day of August, 2000, by the following vote, to-wit: AYES: NOES: ABSTAIN: Bob Thomas, Chair ATTEST: Diana Vargas, Secretary H:\HOM E~O>LANNINGXJEFF~CRESO~PCSO0-03. Land Use Districts RS-5 BC,-2 8C-2 A planned community by The F_a~U.ake Co. .ir /o -// ATTACHMENT 4 Appendix B THE. ..~TY OF CHULA VISTA DISCLOSURE .. f'ATEMENT You are required to file a Statement of Disclosure of certain ownership or financial interests, payments, or campaign contributions, on all matters which will require discretionary action on the part 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 financial interest in the property which is the subject of the application or the contract, e.g., owner applicant, contractor, subcontractor, material supplier. ~l'-~ ,~..~r~.~ ~,,..~u~; L.. L..¢. 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 shares in the corporation or owning any partnership interest in the partnership. 3. If any person* identified pursuant to (1) 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 months? Yes __ No X If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants, or independent contractors who you have assigned to represent you before the City in this matter. 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election period? Yes No ,X' If yes, state which Councilmember(s): (NOTE:ATTACHADDITIONALPAGESA~~ Date: /-- / Sig ~'~ure of contractor/applicant Print or type name of contractor/applicant * Person is defined a~: "Any individual, firm, co-partnership, joint venture, association, social club, J~eaternal organizatiot~ corporation, estate, trust, receiver, syndicate, this and any other county, city and country, city municipality, district, or other political subdivision, or any other group or combination acting as a unit." /0 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND ESTABLISHING CONDITIONS OF THE TENTATIVE SUBDIVISION MAP FOR EASTLAKE TRAILS NORTH, CHULA VISTA TRACT 00-03 I. RECITALS A. Project Site WHEREAS, the area of land which is the subject matter of this resolution is diagrammatically represented in Exhibit A, attached hereto and incorporated herein by this reference, and commonly known as Eastlake Trails North Tentative Subdivision Map, Chula Vista Tract 00-03; and for the purpose of general description herein consigts of 30.6 acres located on the east side of Hunte Parkway between Otay Lakes Road and Clubhouse Drive, within the Eastlakc Trails Planned Community ("Project Site"); and, B. Project; Application for Discretionary Approval WHEREAS, on April 14, 2000 The Eastlake Company ("Applicant") filed a tentative subdivision map application with the Planning and Building Department of the City of Chula Vista requesting approval of the Tentative Subdivision Map known as EastLake Trails North, Chula Vista Tract 00-03, in order to subdivide the Project Site into 207 single family residential lots; and 4 open space lots ("Project"); and C. Prior Discretionary Approvals WHEREAS, the development of the Project Site has been the subject matter of various entitlements and agreements, including: 1) Master Tentative Map, Chula Vista Tract 99-03 for EastLake Trails; 2) a General Development Plan, Eastlake II (Eastlake I Expansion) General Development Plan previously approved by City Council Resolution No. 15198 ("GDP") and amended by City Council Resolution No. 19275 on November 24, 1998; 3) the Eastlake Trails Sectional Planning Area ("SPA") Plan; 4) Eastlake Trails Air Quality Improvement Plan (AQIP); 5) Eastlake Trails Water Conservation Plan (WCP); 6) Eastlake Trails Planned Community District Regulations; 7) Eastlake Trails Design Guidelines; 8) Eastlake Trails Public Facilities Financing Plan; and 9) Eastlake Comprehensive Affordable Housing Program, all previously approved by City Council Resolution No.19275, and Ordinance 2765 on November 24, 1998; 10) Eastlake ii! Development Agreement, approved on February 27, 1999; and 11) Eastlake Park Agreement, approved on August 8, 1998; 12) Escrow Agreement, approved on March 26, 1996; and, D. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on the Project on August 9, 2000 and, after hearing staff presentation and public testimony, voted ( ) to recommend that the City Council approve the Project, in accordance with the findings and subject to the conditions listed below. E. City Council Record of Applications WHEREAS, a duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on August 22, 2000, on the Project and to receive the recommendations of the Planning Commission, and to hear public testimony with regard to same; and, WHEREAS, the City Clerk set the time and place for a heaying on said tentative subdivision map application and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, and its mailing to property owners within 500 ft. of the exterior boundary of the project at least 10 days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. August 22, 2000, in the Council Chambers, 276 Fourth Avenue, before the City Council and said heating was thereafter closed. NOW, THEREFORE, BE 1T RESOLVED that the City Council does hereby find, determine and resolve as follows: II. PLANNING COMMISSION RECORD The proceedings and ail evidence introduced before the Planning Commission at their public hearing on the Project held on August 9, 2000, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. IlL COMPLIANCE WITH CEQA The City Council hereby determines that this project was covered under previous FSEIR 97- 04, EastLake Trails/Greens Replanning Program and Addendum to EIR-95-04, and therefore no further action is required in accordance with the requirements of the California Environmental Quality Act, the State EIR Guidelines and the Environmental Review Procedures of the City of Chula Vista. IV. TENTATIVE SUBDIVISION MAP FINDINGS A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City 2 Council finds that the Tentative Subdivision Map as conditioned herein for Eastlake Trails, Chula Vista Tract No. 99-03 is in conformance with the elements of the City's General Plan, based on the following: a. Land Use The Eastlake Trails Sectional Planning Area (SPA) identifies the subject site as a portion of parcel R-4 which allows for a total of 533 units. The Master Tentative Map approved 325 residential unts for Parcel R-4. The 30.6 acres for the "project" request an additional 207 units. Thus the number of proposed units is consistent with the number of target units allowed per the adopted SPA Plan. b. Circulation All on-site and off-site public streets required to serve the subdivision will be constructed or DIF fees paid by the developer in accordance with the EastLake Trails Public Facilities Financing Plan. All streets required to serve the subdivision will be constructed in accordance with the City design standards and/or requirements for public streets and provide for vehicular and pedestrian connections with adjacent streets. The westerly adjoining street system was designed to handle anticipated flow of traffic from this and other area projects. The required and anticipated offsite improvements shall be designed to handle this Project and future projects in the area. c. Housing The Eastlake Comprehensive Affordable Housing Program has been adopted and incorporated into the Eastlake Trails SPA Plan to ensure that a minimum of l 0% affordable housing is provided. In addition, a mix of housing types and lot sizes for single-family, townhouses, condominium and various apartment densities will also be provided for persons of various incomes. d. Conservation The Enviromnental Impact Report FSEIR-97-04 and Addendum addressed the goals and policies of the Conservation Element of the General Plan and found the development of this site to be consistent with these goals and policies. e. Parks and Recreation, Open Space_ An overall Master Tentative Map was previously approved for the EastLake Trails Master Plan Community. As such, the Master Tentative Map provided 3 /0 -/g for parks and open space per the requirements of the adopted General Development Plan and Site Utilization Plan (SPA) for EastLake Trails. f. Seismic Safet~ The proposed subdivision is in conformance with the goals and policies of the Seismic Element of the General Plan for this site. g. Safety The Fire Department and other emergency service agencies have reviewed the proposed subdivision for conformance with City safety policies and have determined that the proposal meets the City Threshold Standards for emergency services. h. Noise Noise mitigation measures included in the Environmental Impact Report FSEIR-97-04 and Addendum adequately address the noise policy of the General Plan. Required mitigation involves the construction of sound attenuation walls along Otay Lakes Road. The project has been conditioned to require that all dwelling units be designed to preclude interior noise levels over 45 dBA and exterior noise exposure over 65 dBA for all outside private patio areas. An additional acoustical study will be required prior to issuance of building permits to determine if any construction measures must be taken to ensure the above maximum noise levels are adhered to. i. Scenic Highway The project site is located adjacent to designated scenic highways (Hunte Parkway and Otay Lakes Road). Administrative design review approval will be required prior to issuance of the first final map in order to ensure the adjacent proposed development (the project) will enhance the scenic quality of the highway(s) per section 8.2 of the City of Chula Vista General Plan Land Use Element. j. Bicycle Routes Bicycle lanes have been incorporated within the Eastlake Trails design and will be connected to the existing Eastlake Greens SPA bicycle lane system. In addition, the public streets within the project are of adequate width to accommodate bicycle travel within the interior of the subdivision. k. Public Buildings No public buildings are proposed on the project site. The project is subject to RCT fees prior to issuance of building permits. B. Pursuant to Section 66412.3 of the Subdivision Map Act, the Council certifies that it has considered the effect of this approval on the housing needs of the region and has balanced those needs against the public service needs of the residents of the City and the available fiscal and environmental resoumes. C. The configuration, orientation and topography of the site partially allows for the optimum setting of lots for passive or natural heating and cooling opportunities as required by Government Code Section 66473.1. D. The site is physically suitable for residential development and the proposal conforms to all standards established by the City for such projects. E. The conditions herein imposed on the grant of permit or other entitlement herein contained is approximately proportional both in nature and extent to the impact created by the proposed development. BE IT FURTHER RESOLVED that the City Council does hereby approve the Project subject to the general and special conditions set forth below. V. GENERAL CONDITIONS OF APPROVAL A. Project Site is Improved with Project Developer, or their successors in interest, shall improve the Project Site with the Project as described in Tentative Subdivision Map, Chula Vista Tract 00-03 and FSEIR-97-04 and Addendum to EIR-95-04 except as modified by this Resolution. B. Implement Mitigation Measures Developer shall implement or cause the implementation of all mitigation measures pertaining to the Project identified in the Final Supplemental Environmental Impact Report FSEIR-97- 04. Mitigation measures not listed as specific conditions of this Resolution or by the project design are incorporated by reference and shall be implemented to the satisfaction of the Environmental Review Coordinator. C. Implement previously adopted conditions of approval pertinent to the project Unless otherwise conditioned, comply, remain in compliance and implement, the terms, conditions and provisions, as are applicable to the property which is the subject matter of this Tentative Map, of: l) EastLake Trails Master Tentative Map, Chula Vista Tract 99-03, established by Resolution No. 19477 and approved by the City Council on May 4, 1999; 2) The Eastlake II General Development Plan (GDP); 3) Eastlake Trails Sectional Planning Area (SPA) Plan; 4) Eastlake Trails Planned Community District Regulations; 5) Eastlake Trails Design Guidelines; 6) Eastlake Trails Public Facilities Financing Plan; 7) Eastlake Trails Water Conservation Plan; 8) Eastlake Trails Air Quality Improvement Plan; 9) Eastlake Trails Sub-area Water Master Plan; and 10) Eastlake Trails Waste Water Master Plan, all approved by the Council on November 24, 1999, Resolution No. 19275 ("Plans"), prior to approval of the corresponding final map. As an alternative, the Developer shall enter into an agreement with the City, providing the City with such security (including recordation of covenants running with the land) and implementation procedures as the City may require. Also assuring that, after approval of the final map, the developer will continue to comply, remain in compliance, and implement such Plans. The Developer shall also agree to waive any claim that the adoption ora final Water Conservation Plan or Air Quality Plan constitutes an improper subsequent imposition of the condition. D. Implement Public Facilities Financing Plan Developer shall install public facilities in accordance with the Eastlake Trails Public Facilities Financing Plan as amended or as required by the City Engineer to meet threshold standards adopted by the City of Chula Vista. The City Engineer and Planning and Building Director may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. E. Design Approval The project is conditioned to require administrative design review approval prior to first final map approval approval in order to determine the appropriate development standards for the project as well as review the height of proposed acoustical walls and the design of the subdivision in relation to the adjoining scenic highways. F. Project Phasing If phasing is proposed within an individual map or through multiple final maps, the Developer shall submit and obtain approval for a development phasing plan by the City Engineer and Director of Planning prior to approval of each final map. 6 The phasing plan shall include: 1. A site plan showing the lot lines and lot numbers, the phase lines and phase numbers and number of dwelling units in each phase. 2. A table showing the phase number, the lots included in the phase and the number of units included in each phase. Improvements, facilities and dedications to be provide with each phase or unit of development shall be determined by the City Engineer and Director of Planning. The City reserves the fight to conditionally approve each final map and require improvements, facilities and/or dedications as necessary to provide adequate circulation and to meet the requirements of police and fire departments. The City Engineer and Planning Director may at their discretion, modify the sequence of improvements and construction should conditions change to warrant such revision(s). G. Tentative Subdivison Map Conditions Prior to approval of the first final map for any lot or unit unless otherwise indicated, the developer shall: STREETS, RIGHTS-OF-WAY AND PUBLIC IMPROVEMENTS 1. Construct or enter into an agreement to construct and secure in accordance with Chapter 18.16 of the Municipal Code, full street improvements for all onsite public streets shown on the Tentative Map as required for each final map in accordance with Chula Vista Design Standards, Chula Vista Street Standards, and the Chula Vista Subdivision Manual, unless otherwise approved by the City Engineer. Said improvements shall include but not be limited to: asphalt concrete pavement, base, concrete curb, gutter and sidewalk, sewer, reclaimed water, potable water, drainage facilities, street lights, traffic signals, signs, fire hydrants, and transitions to existing improvements in the manner required by the City Engineer. 2. Prior to approval of the first final map, construct or enter into an agreement to construct and secure, in accordance with Chapter 18.16 of the Municipal Code, the offsite improvements listed below. Said improvements shall include, but not be limited to: asphalt concrete pavement, base, concrete curb, gutter and sidewalk, sewer, reclaimed water, potable water, drainage facilities, street lights, traffic signals, signs, fire hydrants, and transitions to existing improvements in the manner required by the City Engineer. a. Improvements that have not been installed along Hunte Parkway from Otay Lakes Road to North Greensview Drive. Those improvements shall include the necessary grading and construction required to provide an 8-foot wide meandering walkway on 7 2O the eastern side of Hunte Parkway and any other street improvements deemed necessary by the City Engineer. Any additional right-of-way required to accommodate the completion of said improvements shall be granted to the City prior to approval of the first final map. b. Otay Lakes Road as a full width six-lane arterial along the entire fi-ontage of the EastLake Trails northern boundary. All offsite and onsite right-of-way needed to construct the eastbound transition to the existing improvements and the ultimate street improvements-shall be granted to the City prior to approval of the first final map. The schedule for construction of the above improvements shall be determined or approved by the City Engineer prior to approval of the aforementioned first final map. The amount of the security for the above noted improvements shall be 110% times a construction cost estimate approved by the City Engineer if improvement plans have been approved by the City, 150% times the approved cost estimate if improvement plans are being processed by the City or 200% times the construction cost estimate approved by the City Engineer if improvement plans have not been submitted for City review. A lesser percentage may be required if it is demonstrated to the satisfaction of the City Engineer that sufficient data or other inforn~ation is available to warrant such reduction. Include with the improvement plans for Otay Lakes Road the installation ofa soum¢ for reclaimed water necessary to irrigate the sewer pump station property at the location along Otay Lakes Road, to the satisfaction of the City Engineer and City Open Space Coordinator. c. Reconstruction of the southwest quadrant of the intersection of Hunte Parkway and Otay Lakes Road as required by the City Engineer to improve southbound traffic driving conditions at the intersection. d. King Creek Way from Hunte Parkway to North Creekside Drive. e. North Creekside Drive from King Creek Way to the existing improvements as depicted in Chula Vista Drawing No. 99-261. 3. Submit and obtain approval from the Director of Planning and Building and the City Engineer for all street names. No two intersections shall have the same street name and street name suffixes shall comply with City standards. 4. Obtain approval from the City Engineer for street light locations. 5. Construct sidewalks and pedestrian ramps on all walkways to meet "Americans with Disabilities Act" standards and as approved by the City Engineer. In the event the Federal Govenunent adopts ADA standards for street rights-of-way which are in conflict with the standards and approvals contained herein, all such approvals conflicting with those standards 8 shall be updated to reflect those standards. Unless otherwise required by federal law, City ADA standards may be considered vested, as determined by Federal regulations, only after construction has commenced. 6. Provide a letter from the Otay Water District indicating that the subdivision will be provided with adequate water service and long term water storage facilities. 7. Design all street vertical and horizontal curves and intersection sight distances to conform to the Caltrans Highway Design Manual. All streets, which intersect other streets at or near a horizontal or vertical curve, must meet intersection design sight distance requirements in accordance with City standards. Sight visibility easements shall be granted as necessary to comply with the requirements in the Caltrans Highway Design Manual. Lighted sag vertical curves will be permitted, with the approval of the City Engineer, at intersections per AASHTO standards 8. Provide minimum 5' wide bicycle lanes on King Creek Way from Hunte Parkway to North Creekside Drive. 9. Acquire and then grant to the City all off-site rights-of-way necessary for the installation of required street improvements for the affected phase prior to approval of the first final map. 10. Notify the City at least 60 days prior to City Council consideration of the affected final map, if off-site right-of-way cannot be obtained as required above (Only off-site fight-of-way or easements affected by Section 66462.5 of the Subdivision Map Act are covered by this condition). After said notification and prior to the approval of the affected final map, the developer shall: a. Pay the full cost of acquiring off-site right-of-way or easements required by the Tentative Map conditions of approval. b. Deposit with the City the estimated cost of acquiring said fight-of-way or easements. The amount of the deposit is subject to the approval of the City Engineer. c. Prepare and submit all easement and/or fight-of-way documents, plats and appraisals necessary to commence condemnation proceedings. If the developer so requests, the City may use its power of eminent domain to acquire right- of-way, easements or licenses needed for off-site improvements or work related to the tentative map. The developer shall pay all costs, both direct and indirect incurred in said acquisition. If the City does not acquire or commence proceedings for immediate possession of the property within the 120 day time limitation specified in Section 66462.5 of the State Subdivision Map Act, the condition to construct the related off-site improvements, which fall 9 under the purview of the above mentioned Section of the Subdivision Map Act, is waived. l 1. Construct a temporary turnaround or street improvements, as determined necessary by the City Engineer and Fire Marshal, at the end o f temporarily stubbed streets greater than 150 fi. in length (as measured from the nearest centerline intersection). 12. Provide an interim eastbound deceleration lane along Otay Lakes Road for the entrance to park site (P~3) concurrent with the completion of P-3 if the ultimate south half-street improvements for Otay Lakes Road are not completed at that time. 13. Provide interim traffic control devices, as required by the City Engineer, to detour pedestrian traffic to the nearest street crossing ifa signalized pedestrian crossing is not available when the greenbelt trail is completed and connected to Otay Lakes Road and Olympic Parkway 14. Design and construct the lane reduction transitions along King Creek Way within Eastlake Trails to the satisfaction of the City Engineer. 15. Install, to the satisfaction of the City Engineer, street lights on traffic signal poles at the intersections of Hunte Parkway with King Creek Way. If a traffic signal is not required at this inters.ection, install standard street lighting fixtures. 16. Design and construct underground traffic signal equipment and traffic signal standards at the locations determined by the City Engineer. GRADING AND DRAINAGE 17. Submit hydrologic and hydraulic studies and calculations, including dry lane calculations for all public streets. Calculations shall also be provided to demonstrate the adequacy of downstream drainage structures, pipes and inlets. 18. Accomplish storm drain design on the basis of the requirements of the Subdivision Manual and the Grading Ordinance #1797 as amended. 19. Provide graded access to all storm drain clean outs or as otherwise approved by the City Engineer. 20. Design the storm drains and other drainage facilities to include Best Management Practices to minimize non-point source pollution, satisfactory to the City Engineer. 21. Designate on the plans as private, to the first cleanout within the public right-of-way, all storm drain systems that collect water from private property. 10 22. Design and construct storm drain cleanouts to not be located on slopes or in inaccessible areas for maintenance equipment. 23. Design and construct all public storm drains as close to perpendicular to the slope contours as possible but in no case greater than 15 degrees from perpendicular to the contours. 24. Designate as private and maintain by a Home Owner's Association all storm drain clean outs carrying private property water and determined by the City to be in areas inaccessible for maintenance equipment. Include in the CC&R's conditions and restrictions to assure proper maintenance. 25. Design and construct brow ditches to not flow over a slope greater than 10 feet in height and steeper than a 3:1. Drainage shall be collected in an inlet and carded to the bottom of the slope in an underground storm drain. 26. Provide runoff detention facilities or demonstrate the adequacy of existing detention facilities, to be approved by the City Engineer, to assure that the maximum allowable discharge after development does not exceed pm-development discharges. The developer also needs to provide for the future maintenance of the facilities via the landscaping maintenance district. 27. Provide energy dissipators at all storm drain outlets as required by the City Engineer to maintain non-erosive flow velocities. 28. Process and obtain approval of necessary documents for the Federal Emergency Management Agency (FEMA) to revise the effective Flood Insurance Rate Map (FIRM) and Flood Insurance Study (FIS) for that portion of Salt Creek located within EastLake Trails, prior to City issuance of grading permit for grading proposed within Salt Creek. The City Engineer, in his discretion, may require revisions for the project area due to improvements to Salt Creek. 29. Submit to and obtain approval from the City Engineer and Director of Planning and Building for an erosion and sedimentation control plan as part of grading plans. 30. Provide a minimum of 3 feet of flat ground access area from the face of any wall to the beginning of the slope rounding for wall maintenance, unless otherwise approved by the City Engineer. 31. Locate lot lines at the top of slopes except as approved by the City Engineer. Lots shall be so graded as to drain to the street or an approved drainage system. Drainage shall not be permitted to flow over slopes or onto adjacent property. 11 /0 32. Design and construct all grading and pad elevations to be within 2 feet of the grades and elevations shown on the approved tentative map or as otherwise approved by the City Engineer and Director of Planning and Building. 33. Obtain notarized letters of permission for all off-site grading work prior to issuance of grading permit for work requiring said off-site grading. 34. Submit a list of proposed lots, prior to approval of the corresponding final map, indicating whether the structure will be located on fill, cut, or a transition between the two situations prior to approval of the first final map. 35. Design and construct the inclination of each cut or fills surface resulting in a slope to not be steeper than 2:1 (two horizontal to one vertical) except for minor slopes as herein defined. All constructed minor slopes shall be designed for proper stability considering both geological and soil properties. A m/nor slope may be constructed no steeper than one and one-half horizontal to one vertical (1.5:1) contingent upon: a. Submission of reports by both a soils engineer and a certified engineering geologist containing the results of surface and subsurface exploration and analysis. These results should be sufficient for the soils engineer and engineering geologist to certify that in their professional opinion, the underlying bedrock and soil supporting the slope have strength characteristics sufficient to provide a stable slope and wilt not pose a danger to persons or property, and b. The installation of an approved special slope planting program and irrigation system. c. A "Minor Slope" is defined as a slope four (4) feet or less in vertical dimension in either cut or fill, between single family lots and not parallel to any roadway. 36. Enter into an agreement with the City wherein the City is held harmless from any liability from erosion, siltation or increase in flow of drainage resulting from this project. SEWER 37. Design all sewer access points (manholes) to be located at street centerline or at the center of a travel lane or as otherwise approved by the City Engineer. 38. Provide a sewer profile study for all deep "Local" and "Trunk" sewer lines (15' in depth or greater) which indicates that no other feasible alternative exists except for deep sewer lines. If the City Engineer approves the profile study, the deep sewer lines will be permitted for construction. 12 39. Install parallel server lines for sewer lines greater than 15 feet in depth if lateral lines are to be connected to these lines unless otherwise approved by the City Engineer. For sewer lines greater than 20' in depth, C900 P.V.C. shall be used from manhole to manhole. 40. Submit a letter of credit, prior to recordation of the subdivision final map for said lot, for all sanitary sewer facilities fees required for development of any lot subject to Telegraph Canyon Sewer Pumped Flows DIF. 41. Provide improved access to all sewer manholes to withstand H-20 wheel load or other loading as approved by the City Engineer. 42. Design and construct sewer access points to not be located on slopes or in inaccessible areas for maintenance equipment. 43. Provide sewer manholes at all changes of alignment of grade unless otherwise approved by the City Engineer. Sewers serving 10 or less equivalent dwelling units shall have a minimum grade of 1%. 44. Design and construct all sewers ending in a cul-de-sac with a manhole placed at the center of the cul-de-sac, unless otherwise approved by the City Engineer. 45. Provide for the costs associated with the maintenance and the potential upgrading of the sewer pump station located at 2660 Otay Lakes Road in accordance with the agreement between the City, Pacific Bay Homes and The Eastlake Company, dated January 20, 1998. 46. If a new pump station(s), or the upgrade of an existing pump station(s), is proposed to accommodate additional sewage flows from the proposed Project, the Developer shall provide a sewage capacity study when such facilitie(s) are proposed in accordance with City of Chula Vista Policy Number 570-03 (Sewage Pump Station Financing Policy). 47. Provide to the City a letter from Otay Municipal Water District indicating that the assessments/bonded indebtedness for all parcels dedicated or granted in fee to the city have been paid or that no assessments exist on the parcel(s). 48. Pay in full, prior to recordation of each final map, all sanitary sewer facilities fees required for development of all lots subject to Salt Creek Sewer Basin DIF. AGREEMENTS/FINANCIAL 49. Developer shall enter into a supplemental agreement with the City, prior to approval of each final map, where the developer agrees to the following: 13 a. That the City may withhold building permits for the subject subdivision if any one of the foll9wing occur: 1. Regional development threshold limits set by the East Chula Vista Transportation Phasing Plan, as amended fi.om time to time, have been reached or in order to have the Project comply with the Growth Management Program as may be amended from time to time. 2. Traffic volumes, levels of service, public utilities and/or services either exceed the adopted City threshold standards or fail to comply with the then effective Growth Management Ordinance and Growth Management Program and any amendments thereto.. Public utilities shall include, but not be limited to, air quality, drainage, sewer and water. 3. The required pUblic facilities, as identified in the EastLake Trails PFFP or otherwise conditioned have not been completed or constructed to satisfaction of the City. The developer may propose changes in the timing and sequencing of development and the construction of improvements affected. In such case, the EastLake Trails PFFP may be amended as approved by the Director of Planning and Building and Director of Public Works. b. Agree to defend, indemnify and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees, to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Council or any approval by its agents, officers, or employees with regard to this subdivision pursuant to Section 66499.37 of the State Map Act provided the City promptly notifies the subdivider of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. c. Agree to permit all cable television companies franchised by the City of Chula Vista equal opportunity to place conduit to and provide cable television service for each lot or unit within the Tentative Map area. Developer further agrees to grant, by license or easement, and for the benefit of, and to be enforceable by, the City of Chula Vista, conditional access to cable television conduit within the properties situated within the final map only to those cable television companies franchised by the City of Chula Vista the condition of such grant being that (a) such access is coordinated with Developer's construction schedule so that it does not delay or impede Developer's construction schedule and does not require the trenches to be reopened to accommo- date that placement of such conduits; and (b) any such cable company is and remains in compliance with, and promises to remain in compliance with the terms and 14 conditions of the franchise and with all other roles, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be, issued by the City of Chula Vista. Developer hereby conveys to the City of Chula Vista the authority to enfome said covenant by such remedies as the City determines appropriate, including revocation of said grant upon determination by the City of Chula Vista that they have violated the conditions of grant. d. Developer agrees to not protest formation of a district for the maintenance of the drainage channel in Salt Creek or for the maintenance of landscaped medians, open space, and parkways along streets within and adjacent to the subdivision. e. That applicant will comply with the provisions of the City-wide Parks Master Plan when it is adopted. 50. Enter into an agreement with the City to provide affordable housing units as specified in the adopted Eastlake Comprehensive Affordable Housing Program prior to approval of the first final map. OPEN SPACE/ASSESSMENTS 51. Grant Irrevocable Offers of Dedication (IOD) on the final map for Open Space lots within the subdivision. 52. Annex the project to the existing Eastlake Trails (Eastlake III) Homeowners Association prior to approval of the first final map for maintenance of all landscaped sloped maintenance areas, private open space lots, public street improvements and medians and parkways on King Creek Way prior to approval of the first final map. 53. Conform to the design elements of the City's Landscape Manual for all landscaping which falls within the maintenance responsibility of the Homeowners Association unless otherwise approved by the Director of Planning and Building. 54. Maintain all decomposed granite (D.G.) walkways providing pedestrian access and connections from edge of cul-de-sacs and nearby streets by the Home Owner's Association. 55. Provide proof to the satisfaction of the City Engineer and Director of Planning and Building that all improvements located on open space lots will be incorporated into and maintained by a Home Owner's Association. Include the obligation to provide for perpetual maintenance of, but not limited to, landscape and irrigation improvements, including perimeter and sound walls within open space lots, and medians and parkways on King Creek Way, North Creekside Drive, Hunte Parkway (from Otay Lakes Road to King Creek Way) and Otay 15 Lakes Road (from Hunte Parkway to the easterly subdivision boundary) prior to approval of the first final map. The City Engineer and Director of Planning and Building may approve that certain of the aforementioned improvements be maintained by the existing EastLake Open Space District. 56. Enter into a maintenance agreement and grant easements as necessary for landscaping maintained by a Home Owner's Association within City right-of-way or such other areas required by the City. 57. Avoid installation of privately owned water, reclaimed water, or other utilities crossing any public street. This shall include the prohibition of the installation of sleeves for future construction of privately owned facilities. The City Engineer may waive this requirement if the following is accomplished: a. The developer enters into an agreement with the City where the developer agrees to the following: 1. Apply for an encroachment permit for installation of the private facilities within the public right-of-way. 2. Maintain membership in an advance notice such as the USA Dig Alert Service. 3. Mark out any private facilities owned by the developer whenever work is performed in the area. 4. The terms of this agreement shall be binding upon the successors and assigns of the developer. b. Shutoff devices as determined by the City Engineer are provided at those locations where private facilities traverse public streets. 58. Pay all costs associated with apportionment of assessments for all City assessment districts as a result of subdivision of lands within the boundary prior to approval of the each final map. Submit an apportionment form and provide a deposit as determined by and to the City to cover costs. 59. Prepare a disclosure form, to be signed by the home buyer, acknowledging that additional fees have been paid into the Assessment District or the Transportation DIF Fund, and that these additional fees are reflected in the pumhase price of the home for those units, should the development have a density change from that indicated in the Assessment District Engineer's Report. 16 60. Submit all Special Tax and Assessment disclosure forms for each model size or EDU for the approval of the City Engineer. 61. Comply with the terms and conditions of the Acquisition/Financing Agreement for Assessment District 94-1, CO 94-064, approved by Council Resolution 17483 as said terms and conditions may be applicable to this development. 62. Design and construct all of the utilities that service open space within the limits of the open space or dedicated City right-of-way. 63. Agree to have owners of lots which have adjoining walls located within an open space lot sign a statement when purchasing their homes that they are aware that the wall is on Open Space property and that they may not modify or supplement the wall or encroach onto Open Space property. These restrictions shall be reflected in the project CC&Rs, and a copy of said restrictions shall be provided to the City for its approval. 64. Prior to the issuance of the 350th building permit for Chula Vista Tract 99-03, prepare, submit and obtain the approval from the Director of Planning and Building for the Project's Community Park Master Plan (P- 1 and P-3.) The Community Park Master Plan shall include facilities and amenities prescribed in the forthcoming City-wide Parks Master Plan as adopted by City Council. In the event that the forthcoming City-wide Parks Master Plan is not adopted before the community park design begins, the Director of Planning and Building shall detemfine the appropriate park facilities for the community park. 65. Prepare, submit and obtain approval by the Director of Planning and Building for detailed landscape and irrigation plans, including water management guidelines in accordance with the Chula Vista Landscape Manual and Section II.4, Design Guidelines, of the Eastlake Trails SPA for the associated landscaped areas in each final map prior to the approval of each final map. If Poplus species trees are incorporated in the Eastlake Trails Landscape theme, appropriate installation methods acceptable to the Director of Planning and Building shall be prescribed in the landscape improvement plans. 66. Construct pedestrian walkway connections between the edge of all cul-de-sac termini and adjacent streets to the satisfaction Of the Director of Planning and Building and City Engineer. Approval shall be obtained documented prior to the approval of each final map. 67. Relocate at Developer's own expense, the necessary above and underground utilities serving individual homes to accommodate the required street trees within the street tree planting easement if determined necessary by the City. 68. Prior to the Approval of the first final map, Applicant shall satisfy the Parklands and Public 17 Facilities Ordinance obligation for the 207 dwelling units with a payment to the City of Chula Vista of a minimum of $467,820.00 and the dedication to the City of a minimum of 0.54 acres of park land contained within EastLake Trails Parcel P- 1 or P-3. The exact amount of each to be determined by the Director of Parks and Recreation. EASEMENTS 69. Grant on the corresponding final map minimum 15' wide easements to the City of Chula Vista, as required by the City Engineer, for construction and maintenance of sewer facilities. 70. Grant on the corresponding final map minimum 15' wide easements to the City of Chula Vista, as required by the City Engineer, for construction and maintenance of storm drain facilities. 7 i. Grant on the corresponding final map I 0' wide general utility easements, as required by the City Engineer, along street right-of-way adjacent to open space lots. 72. Grant easements for all off-site public storm drains and sewer facilities prior to approval of any final map requiring those facilities. The easements shall be the size as required by City standards unless otherwise approved by the City Engineer. 73. Grant 20' landscape buffer easements adjacent to Otay Lakes Road. 74. Grant to the City on the corresponding final map easements along all public streets within the subdivision as shown on the tentative map and in accordance with City standards unless otherwise approved by the City Engineer and the Director of Plarming and Building. 75. Dedicate for public use all the streets shown on the subject tentative map within the subdivision boundary. MISCELLANEOUS 76. A summary of City responses to each of applicants waiver requests from City standards is contained within the following Table I, which includes the "Approved" or "Not Approved" status of each waiver. The summary descriptions for each waiver within Table I are brief and the approved Tentative Map should be consulted for more complete descriptions of the waiver requests. 18 TABLE 1: TENTATIVE MAP WAIVERS WAIVER BRIEF DESCRIPTION STATUS COMMENTS NO. I Less than Standard 35' Lot Frontage for Lots 16, 25, 26, 56, 68, 69 & 70 Approved None 2 Street intersections within horizontal curves or within 100' tangents of *Approved None horizontal curves. J Upen Space lots snail nave a minimum dtmenslon oI iD' except Lots n ano L Appproved None 4 L t /usna ~avcaneasemen (3 30'} moO t ect ovarylrom to33'to al?or w for retaining and 2:1 slope Approved None > street IreeEasementAOjacenttoresloentlalstreetrl n o wayssna ~e graded with 2:1 (5:1) slopes excep where s tee s are~ ghe' ran pad Approved None elevations. * The City's approval of the waiver request is contingent upon submittal of a letter from applicants Engineer-of- Work explaining that, in their professional opinion, no public safety issues will be compromised. 77. Submit "as-built" improvement and grading plans as required by the City Subdivision Manual. Additionally, provide the City said plans in a digital D.X.F. file format. 78. Submit a copy of each subdivision in a digital D.X.F. file format prior to approval of its associated final map or as requested by the City Engineer. The digital file shall be based on accurate coordinate geometry calculations and the NAD 83 State Plane Coordinate System. The digital file shall specifically include each of the following items in a separate drawing layer: a. Lot Boundaries, b. Lot Numbers, c. Subdivision Boundary, d. Right-of-Way, e. Street Centerlines, and f. Approved Street Names. Submit the digital file in accordance with City Guidelines for Digital Submittal on 3 disks or as otherwise approved by the City Engineer. In addition, submit as-built grading and improvement plans in a digital D.X.F. file format. Provide security to guarantee the ultimate submittal of grading and improvement digital files. Update electronic files after any construction pen and ink changes to the grading or improvement plans and resubmit to the City. 19 79. Tie the boundary of the subdivision to the California System - Zone VI (I983). 80. Include in the H.O.A. CC&R's that the maintenance of all public facilities and improvements within open space areas and public right-of-way is managed by the Home Owner's Association if, in fact, the H.O.A. has such responsibility. Submit to and obtain approval of said CC&R's by the Director of Planning & Building and City Engineer prior to approval of the first final map. 81. include in the Declaration of Covenants, conditions and restricting provisions assuring maintenance of private facilities including the private streets, private sewer and drainage systems, and the maintenance of all public facilities and improvements within open space areas and public right-of-way to be maintained by the H.O.A. Name the City of Chula Vista as party to said Declarations authorizing the City to enforce the terms and conditions in the Declarations in the same manner as any owner within the subdivision. 82. Future property owners shall be notified during escrow by a document to be initialized by the owners of the maintenance responsibility of the H.O.A. and their estimated annual cost. The form of said document shall be approved by the Director of Planning & Building and the City Engineer prior to approval of the first final map. 83. Submit and obtain approval by the Director of Planning and Building and City Engineer of the proposed CC&R's for the subdivision prior to approval of the first final map. 84. Modify the Eastlake Trails Water Conservation Plan to incorporate all new water conservation policies adopted by the City Council. Comply and remain in compliance with said policies. 85. Prior to approval of the first final map, applicant shall prepare and submit a request and receive approval for administrative design review of proposed development standards to be utilized for the project. Said review shall also include the design of the development per Section 8.3 of the City of Chula Vista General Plan Land Use Element regarding scenic highways and the height of the proposed acoustical walls along Hunte Parkway and Otay Lakes Road. 86. Contract with the City's current street sweeping franchisee, or other server approved by the Director of Public Works to provide street sweeping for each phase of development on a frequency and level of service comparable to that provided for similar areas of the City. The Developer shall cause street sweeping to commence immediately after the final residence, in each phase, is occupied and shall continue sweeping until such time that the City has accepted the street or 60 days alter completion of all punch list items, whichever is sooner. The developer shall also provide the City Conservation Coordinator with a copy of the memo requesting street sweeping service. The memo shall include a map of areas to be swept and the date the sweeping will begin. 20 87. Provide the Initial Cycle of fire management/brush clearance within lots adjacent to natural open space areas subject to approval by the Fire Marshal and Director of Planning and Building. 88. Install fire hydrants every 500 feet for single family residential. Install and make operable the hydrants and 20-foot fire access roads prior to delivery of combustible building materials. 89. Submit to the Planning and Building, and Engineering Departments service availability letter from the Otay Water District prior to approval of each final map. 90. Install potable and recycled water infrastructure improvements as prescribed in the Eastlake Trails Sub- area Water Master Plan prepared by John Powell and Associates, September, 1998, including but not limited to the following: a. Provide a letter from OWD confirming that upon completion ofthe potable and recycled water infrastructure facilities, the Developer shall dedicate the improvements to the Otay Water District. b. Extend the existing potable and recycled water mains in Hunte Parkway south to Olympic Parkway, and construct mains in Olympic Parkway from Hunte Parkway to the Olympic Training Center. 91. Obtain State Department of Fish & Game (1603 Stream bed Alteration Agreement) and Federal (Section 404 Clean Water Act) permits, if required by those Resources Agencies, prior to approval ora permit for any grading or construction work within Salt Creek Canyon. 92. Agree to provide noise study prior to issuance first building permit to identify noise impacts generated by surrounding streets and determine the necessary mitigation measures to insure that all dwelling units will be design and constructed to preclude interior noise levels over 45 dBA and exterior noise exposure over 65 dBA. The developer shall implement all mitigation measures recommended in the noise study to reduce noise impacts. 93. Prior to thee first final map, applicant must provide detailed solution for the sotmd attenuation walls along Otay Lakes Road, per mitigation measure of FSEIR 97-04 and Addendum. 94. Agree to participate in a regional or sub-regional multi-species coastal sage scrub conservation plan prior to approval of the first final map. CODE REQUIREMENTS 95. Comply with all applicable sections of the Chula Vista Municipal Code. Preparation of the 21 final map and all plans shall be in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual. 96. Underground all utilities within the subdivision in accordance with Municipal Code requirements. 97. Pay all applicable fees in accordance with the City Code and Council Policy, including, but not limited to, the following: Prior to issuance of the first building permit: 1. The Transportation and Public Facilities Development Impact Fees. 2. Signal Participation Fees. c. All applicable sewer fees, including but not limited to sewer connection fees. d. SR-125 impact fee. e. Telegraph Canyon Pump Sewer Fee. f. Salt Creek Sewer Basin Fee. 98. Comply with all relevant Federal, State, and Local regulations, including the Clean Water Act. The developer shall be responsible for providing all required testing and documentation to demonstration said compliance as required by the City Engineer. 99. Design all dwelling units to preclude interior noise levels over 45 dBA and shield all exterior private open space to limit noise exposure to 65 dBA. 100. Comply with all applicable regulations established by the United States Environmental Protection Agency (USEPA) as set forth in the National Pollutant Discharge Elimination System (N.P.D.E.S.) permit requirements for urban runoff and storm water discharge and any regulations adopted by the City of Chula Vista pursuant to the N.P.D.E.S. regulations or requirements. Further, the applicant shall file notice of intent with the State Water Resoumes Control Board to obtain coverage under the N.P.D.E.S. General Permit for Storm Water Discharges Associated with Construction Activity and shall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities, The SWPPP shall include both co~struction and post construction pollution prevention and pollution control measures and shall identify funding mechanisms for post construction control measures. l 01. Comply with Chula Vista Municipal Code Sections 14.04 to 14.18 and 18.54 for any work proposed within the watercourse and floodplain of Salt Creek. 102. Ensure that prospective purchasers sign a "Notice of Special Taxes and Assessments" pursuant to Municipal Code Section 5.46.020 regarding projected taxes and ensure that 22 prospective purchasers sign a "Notice of Special Taxes and Assessments" assessments. Submit the disclosure fom~ for approval by the City Engineer prior to final map approval. IX. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Resolution. X. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that any one or more terms, provision, or conditions are determined by a Court of competent jurisdiction top be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by Approved as to form by Robert A. Leiter J~hn ~.l((aheny Director of Planning and Building City Attorney H:\shared\plannmg\jeffipcs O0 03 ccres.doc 23 COUNCIL AGENDA STATEMENT Item: /[ Meeting Date: 8[22[2000 ITEM TITLE: RESOLUTION APPROVING A CHANGE ORDER AND APPROPRIATING $170,563 FROM THE GENERAL FUND BALANCE AND UNANTICIPATED REVENUE FROM IMPERIAL. BEACH ($103,571)AND LEMON GROVE ($21,666) FOR CONSTRUCTION OF A FOURTH BANK OF KENNELS AT THE NEW ANIMAL CARE FACILITY AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE SAID CHANGE ORDER ON BEHALF OF THE CITY SUBMITTED BY: Chief of Police~~/ Director of Public Works~/~ REVIEWED BY: City Manager~'?o~" (4/Sths Vote: Yes X No __) On March 7, 2000, the City Council approved Resolution No. 2000-077 accepting bids and awarding the construction contract for the "Chula Vista Animal Care Facility, to C & S Doctor, Inc., in the amount of $1,904,856. The contract provides for the construction of a 7,800 square foot Animal Care Facility with offices and medical facilities. The Animal Care Facility includes three banks of 28 kennels each for a total 84 kennels. The work generally includes grading of the existing site, construction of the building and landscaping. The City Council was informed that staff would return with a recommendation to construct a fourth bank of kennels if sufficient revenues from contractual animal control services were identified. Through agreements with the cities of Imperial Beach and Lemon Grove $168,571 are anticipated to be paid by July 2002. It is anticipated that a renegotiation of the contract with the City of National City will secure the remaining expenditure associated with the fourth bank. RECOMMENDATION: That Council adopt the resolution approving a change order and appropriating $170,563 from the General Fund balance and unanticipated revenue from Imperial Beach ($103,571) and Lemon Grove ($21,666) for construction of a fourth bank of kennels at the new Animal Care Facility and authorizing the Director of Public Works to execute said change order on behalf of the City. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. I1-1 Page 2, Item: }/ Meeting Date:8/22/2000 BACKGROUND: Construction of the Animal Care Facility began on April 13~, 2000 by C & S Doctor, Inc. The Animal Care Facility is 7,800 square foot to include offices, medical facilities, and three banks of 28 kennels each for a total 84 kennels. Construction of the new Animal Care Facility is on schedule and will be completed by December 2000. DISCUSSION As animal control service contracts have expired, staff has renegotiated an allowance for the construction of additional kennels to be paid for by other cities. Both the Cities of Imperial Beach and Lemon Grove have agreed to pay for their share of shelter costs, which includes payment of infrastructure. The construction of the facility has reached a threshold that necessitates appropriation of funds to construct the fourth bank of kennels before it becomes cost prohibitive~ The cost to build the fourth bank of kennels is $295,800, which includes a 2% contingency of $5,800. As the facility reaches completion, the cost for construction of the fourth bank of kennels will increase. If construction of the fourth bank occurs after completion, the cost for the fourth bank is anticipated to double to approximately $580,000. In addition to anticipated higher costs, future construction will also disrupt the daily operation of the new animal care facility. The planned 84 kennels should meet the City of Chula Vista's needs through 2012 if operating procedures remain the same, Continuous City growth, legislative mandates, existing service contracts warrant construction of the fourth bank of kennels. Moreover, based on a review of holding patterns, potential changes to existing procedures such as potentially implementing a "no-kill''~ policy, which is a current trend in the animal control industry, would require a fourth bank before the year 2012. Currently 74% (impounded) of animals are kept seven days and 26% (owner relinquished animals) are kept three days. Based on these holding patterns the full capacity of a three bank Animal Care Facility is reached in year 2012. A fourth bank would yield a total holding capacity of 40,8802 days, which will allow us to provide services beyond 2012. The extra space would also enhance the adoption program, animals would be kept for enough time to showcase them to the public and network the animals through media, Internet, rescue groups and various other or§anizations. There would also be sufficient capacity to provide for overflow peak periods. ~ A "No-Kill" policy is a philosophy or a goal, not a legislative mandate. In an attempt to address the enormous overpopulation of companion animals in the state of California, State Legislature enacted and revised laws affecting euthanasia, holding times and care provided for pets in animal shelters. The intent of the law is "...to increase the focus of shelters to owner redemption and adoption..." The State declared that it's policy is that, "No adoptable or treatable animal should be euthanized if it can be adopted into a suitable home." The intent is not to keep ~ animals indefinitely, rather, to end unnecessary killing of healthy, adoptable animals. 2 Three banks of kennels yield a capacity of 30,660 holding days. Page 3, Item: Meeting Date:8/22/2000 Based on projected population growth through the year 2020, the fourth bank would allow us to service a growing Chula Vista and continue to provide contractual services to other jurisdictions. Currently revenues from contractual agreements generate $265,104 to help mitigate the cost of the operation of the Animal Shelter. Beyond 2012 in order to service our projected population it would be necessary to eliminate contractual agreements with other agencies. Chuia Vista is the only alternative service provider of animal control services. We have enjoyed a long- standing relationship with contract cities and would like the opportunity to continue to provide services that help offset our operational cost. FUNDING Staff recently renegotiated animal control service contracts with the Cities of Imperial Beach and Lemon Grove. The City of Imperial Beach agreed to pay $65,000 for the cost of the fourth bank previously estimated to be $195,000. Imperial Beach agreed that if actual costs increased or decreased the payment amount would be adjusted according. Actual costs for the fourth bank increased to $290,000 resulting in a total cost to Imperial Beach of $103.571. A total of $65,000 has been paid; the remaining balance of $38,571 will be paid upon Council approval of the fourth bank. On August 8, 2000 Council approved a contract with the City of Lemon Grove who agreed to pay $65,000 over a three-year period, for construction of additional kennels. Per their contract $21,666 to be billed in August 2000, the remaining balance is due in July of 2001 and 2002. The amounts to be paid by both cities were based on the average number of animals kept at the shelter. The combined contribution from the cities of Imperial Beach and Lemon Grove for construction of the fourth bank of kennels is $168,571, which will be fully collected by July 2002. This leaves a project balance of $127,229 to be paid by the City in order to proceed with the construction of the fourth bank of kennels. Staff anticipates full recovery from pending negotiations with the City of National City for shelter services. The City of National City's contract is scheduled to expire on July 1, 2001. The City of National City shelters a high volume of animals at the facility; based on historic use of kennels a minimum of $127,229 would be a reasonable charge for additional kennels. In the event that National City does not renew their contract, the City may be liable for the balance, which is still significantly less than the future cost. In addition the opportunity to contract with other agencies is a feasible alternative, which could recover the associated cost. In the event Chula Vista does not modify it's new Animal Care Facility design plan to add additional kennels, the agreements with the cities of Imperial Beach and Lemon Grove stipulate that the monies for the fourth bank would be refunded. Page 4, Item: Meeting Date:8/22/2000 CONTINGENCIES To date there has been only one change order in the amount of $56,961, which is well under the contingency amount of $190,000 budgeted for this project. A 2% contingency totaling $5,800 is recommended, as is customary for this type of project. In the event that no further change orders emerge between now and the completion of the project, the contingency balance of $133,039 would be returned to the General Fund, minimizing the General Fund's exposure. ALTERNATIVES Based on existing holding patterns, projected growth and cost effectiveness, construction of the fourth bank of kennels is recommended. The alternatives, which are to delay construction or build a partial bank of kennels, are not feasible or cost effective. Both would delay construction of the fourth bank as well as increase the cost of the project. Delay of construction to a future date would result in higher costs to all parties involved. Additionally, the funding from existing recently negotiated contracts would be jeopardized. In both contracts the City must return the funds if not utilized to build additional kennels. Future construction would become more difficult as a result of current construction and other projects that may land lock the area of the fourth bank of kennels. The addition of a partial bank of kennels would require design modifications increasing the cost of the project without fully addressing future needs. It is anticipated that the cost of adding a fourth bank of kennels will be eventually fully offset by revenues from contractual agreements for animal control services. Furthermore, as stipulated in the agreements tr~e kennels will remain the permanent property of the City of Chula Vista and in no way do other cities have proprietary interest in the kennels. FISCALIMPACT The total contract cost, including the two change orders to date, is $2,251,817. On going yearly operational costs of operating for fourth bank of kennels is estimated to be $12,693. These costs can be recovered through contract Cities. In the event that no further change orders emerge between now and the completion of the project, the contingency balance of $133,039 would be returned to the General Fund, minimizing the General Fund's exposure. Staff recommends approving a change order in the amount of $295,799 and appropriation of $170,563 from the General Fund balance and unanticipated revenue from Imperial Beach ($103,571) and Lemon Grove ($21,666) for construction of a fourth bank of kennels at the new Animal Care Facility and authorizing the Director of Public Works to execute said change order on behalf of the City. RESOLUTION NO. RESOLUTION APPROVING A CHANGE ORDER AND APPROPRIATING $170,663 FROM THE GENERAL FUND BALANCE AND UNANTICIPATED REVENUE FROM IMPERIAL BEACH ($103,571) AND LEMON GROVE ($21,666) FOR CONSTRUCTION OF A FOURTH BANK OF KENNELS AT THE NEW ANIMAL CARE .FACILITY AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE SAID CHANGE ORDER ON BEHALF OF THE CITY WHEREAS, on March 7, 2000, the City Council approved Resolution No. 2000-077 accepting bids and awarding the construction contract for the "Chula Vista Animal Care Facility; and, WHEREAS, the City Council was informed that staff would return with a recommendation to construct a fourth bank of kennels if sufficient revenues from contractual animal control services materialized; and, WHEREAS, the combined contribution from the cities of Imperial Beach and Lemon Grove for construction of the fourth bank of kennels is $168,571; and, WHEREAS, it is anticipated that the cost of adding a fourth bank of kennels will be fully offset by revenues from contractual agreements for animal control services; and, WHEREAS, delay of construction to a future date would result in higher costs to all parties involved; and, NOW, THEREFORE, BE IT RESOLVED that the City Council approves a change order in the amount of $295,800 and appropriation of $170,563 from the General Fund balance and unanticipated revenue from Imperial Beach ($103,571) and Lemon Grove ($21,666) for construction of a fourth bank of kennels at the new Animal Care Facility and authorizing the Director of Public Works to execute said change order on behalf of the City. Presented by: Approved as to form by: Richard P. Emerson John M. Kaher~y Police Chief City Attorney !¸ T T CO~CIL AGE~A STATE~NT Item Meeting Date 8/22/00 ITEM TITLE: Resolution Directing the City Manager to conduct further analysis regarding the purchase of the SR-125 Toll Road Franchise SUBMITTED BY: Director of Public Works REVIEWED BY: City Mar~age~~-'~fl (4/Sths Vote: Yes No X ) The City of Chula Vista has retained the firm of Smith and Kempton to assist the City in efforts to assure that SR-125 is constructed in a timely manner. This facility is a crucial transportation element to serve the new developments in Eastern Chula Vista and the entire eastern South Bay of San Diego County. At the Council meeting of May 2, 2000 Council directed staff to investigate the necessary actions and commitments needed for the City to be involved in a Public Toll Road. The attached report from Smith and Kempton outlines the necessary actions and studies required before considering entering into a JPA for ownership and Operation of the Toll Road can be made. RECOMMENDATION: That Council: 1. Proceed with further discussions/negotiations with CTV on acceptable term and conditions for a transfer of the SR-125 Franchise. 2. Request CTV to make available all data and information necessary for a full "peer" review subject 3. Authorize the City Manager to use appropriate funds to hire consultant resources to review traffic and revenue forecasts, to conduct a financial appraisal and to retain outside legal resources when necessary. 4. Enter into discussions with consultants to conduct a "peer" review of information used by CTV in making traffic and revenue projections for this project. 5. Enter into discussions with a financial consultant to conduct a financially based appraisal. 6. Engage outside legal counsel, when necessary, to advise the City on legal issues related to a public buyout. 7. Enter into discussions with SANDAG, the County of San Diego and other appropriate jurisdictions regarding potential creation of Joint Powers Authority. 8, Meet with the City's legislative delegation to discuss options and to gain support for the City's objectives. Page 2, Item __ Meeting Date 8/22/00 9. Meet with Administration officials. CalTrans Business Transportation &Housing Agency State Treasurer Governor's office 10. Direct staff to explore the need for legislation and to identify any statutory changes which might be required. 11. Direct staff to develop a schedule for implementation. BOARDS/COMMISSION: Not applicable. DISCUSSION: Smith and Kempton have completed their analysis to determine if the City should take further actions to acquire the Franchise from California Transportation Ventures (CTV) for the SR-125 Tollway. Their report is attached. Due to the many issues raised in the report staff believes it crucial for the City to retain the necessary expert Consultants as recommended in the report. SR- 125 will be a very expensive facility which will need bonded indebtedness for 30 years. The sole source of revenues to service the debt will come from the Tolls. It is hoped that if it becomes a Public Tollway, more grants and assistance from the State and SANDAG will be forthcoming which will shorted the length of time the facility would have to charge tolls. As mentioned in the attached report further analysis is needed by firms having expertise in areas not provided by Smith and Kempton. The expertise needed includes: · An in&pendent review of the proposed revenues that would be generated by the Tolls. In order to determine the toll revenues, a traffic volume study needs to be performed in order to project toll revenues. Wilber Smith and Associates did this analysis for CTV; however, the City needs a review of those results by a firm representing the City. There are only 3 firms in the nation that are considered capable of conducting an investor grade product. Wilber Smith was one of those firms. The City should contract with one of the other two firms. This study will determine the financial strength of the project. · The City needs a financial based appraisal of the value of the Franchise. CTV has made an initial offer. The City needs to have a good understanding of the value of the Franchise in order to enter into negotiations for it's purchase.. · Finally if the City decides to seriously enter into negotiations to purchase the Franchise, Smith and Kempton believe that we may need legislation to assist us in delivering the project. Page 3, Item __ Meeting Date 8/22/00 FISCAL IMPACT: At this point a funding source and total cost for these additional studies and services are not known. Staff believes that costs could range between $400,000 and $500,000. If the Interim SR-125DIF is amended then these funds could be used for this purpose. Any contracts with consultants will need Council approval. When staff returns for contract approval, a funding source for those contracts will be recommended. Staff will also be preparing material and setting a Public hearing to modify the Interim SR-125. Attachment File: 0750-95-HT003 H:LHOME~ENGADM IN~WORDJPL~r 125jpastudy.doc 19'3 Preliminary Review Ownership Options State Route 125 South Toll Facility Chula Vista, California Introduction The SR 125 South project is a proposed new highway that will provide critical north-south transportation capacity to southern' San Diego County thereby relieving existing and futura congestion on city streets and arterials and on 1-805 while serving the rapidly growing eastern territories of the City of Chula Vista. Eastern Chula Vista represents the largest tract of land available in the San Diego region for residential development, and accessibility to the eastern area is a critical factor in sustaining the City's economic vitality. In addition, the City strongly supports the location of a University of California in Chula Vista, and will need transportation facilities in place to serve the campus. Without adequate north-south access serving this area, the City's economic development and its long-term planning objectives will be severely impaired. The current estimated cost of the SR 125 South project is approximately $490 million. About $125 million of this cost is being paid with public funding through the Transnet program administered by the San Diego Association of Governments (SANDAG). This money will be applied to the northern 1.5-mile segment and the interchange with SR 54. The remaining 9.5 miles of roadway is currently planned to be constructed and operated as a privatized toll road under a franchise agreement between a private consortium and Caltrans, the State Department of Transportation. Environmental studies for the project were completed in 1999 and the Record of Decision approving the project was issued by FHWA in June of this year. The anticipated opening date for SR 125 is late-2003. California Transportation Ventures Inc. (CTV), the private consortium holding the franchise agreement for development of the SR 125 South project, is proceeding with selection of a "design-build" contractor and plans to seek financing for the project later this year or early next year. CTV is looking at two options for ownership of the toll facility, including private ownership/control and ownership by a not-for-profit corporation. The primary benefit of a not- for-profit ownership structure is the access to lower cost, tax-exempt financing for the project. At this time, both ownership options are being considered. A third option has recently surfaced whereby the City (or a joint powers arrangement with other jurisdictions) would purchase the franchise agreement from CTV. At the request of the City, CTV confirmed its willingness to consider a proposal from the City to purchase or invest in the Franchise, and June 6, 2000, CTV submitted an Indicative Term Sheet to the City which outlined terms and conditions for the sale or transfer of the SR 125 Franchise to the City or a Joint Powers Authority. The purpose of this preliminary review is to determine whether the City should proceed with a more in-depth examination of pursuing a public ownership, or participation in a tax-exempt financing of the SR 125 South Franchise. A more detailed investigation, if authorized by the City Council, would involve a peer-level review of traffic and revenue forecasts for the SR 125 toll facility and a financial appraisal to determine a reasonable value range for the existing franchise. This information will be necessary prior to final consideration of a public purchase option so the council can make a fully informed decision before pursuing this matter further. Conclusions Information included in this report was obtained from a variety of sources, including data provided by CTV. To gain access to this information, Smith & Kempton signed a non-disclosure agreement with the franchisee. While we have reviewed CTV's current financial plan, and our conclusions reflect that review, we must respect the confidentiality of this information. Based on our preliminary review of the facts and circumstances associated with the SR 125 South Toll Road and considering the City's desire to complete the facility as soon as possible, we believe that further examination of a public ownership option is warranted. We base this conclusion on our assessment of the viability of a public buy-out of the existing franchise and the public benefits which could accrue from such an arrangement. We also have concluded that conducting further analysis now may offer the most expeditious means of completing the SR 125 project in the event CTV is unable to proceed in a timely manner with project construction for whatever reason. It is our further conclusion that the current Indicative Term Sheet presented by CTV does not include the appropriate terms and conditions which would be necessary for City acceptance of this offer. It should be noted, however, that CTV has expressed a willingness to consider adjustments to the terms and conditions contained in their June 6th communication. Recommendations If the City Council determines that the benefits of public ownership, i.e., greater control over operation of the project, the lower cost of financing of construction resulting in the possible reduction in toll charges to the public both with respect to toll amounts and the length of time tolls are in effect, and possibly the earlier completion of SR 125, are in the City's best interest, a public ownership option should be analyzed in greater detail. Accordingly, we make the following recommendations: · Proceed with further discussions/negotiations with CTV on acceptable terms and conditions for a transfer of the SR 125 Franchise. · Request CTV to make available all data and information necessary for a full "peer" review subject to assurances of confidentiality in accordance with State Law. · Authorize the City Manager to use appropriate funds to hire consultant resources to review traffic and revenue forecasts, to conduct a financial appraisal and to retain outside legal resources when necessary. · Enter into discussions with consultants to conduct a "peer" review of information used by CTV in making traffic and revenue projections for this project. · Enter into discussions with consultants to serve the City as financial advisor and to assist the City in selecting appropriate aappraiser resources. · Engage outside legal counsel, when necessary, to review the terms of any deal and to advise the City on legal issues related to a public buy-out. · Enter into discussions with SANDAG, the County of San Diego and other appropriate jurisdictions regarding potential creation of Joint Powers Authority. · Meet with the City's legislative delegation to discuss options and to gain support for the City's objectives. · Meet with Administration officials to brief them on the City's decision to examine posible public ownership. Caltrans Business Transportation & Housing Agency State Treasurer Governor's office · Direct staff to explore the need for legislation and to identify any statutory changes which might be required. · Direct staff to develop a schedule for implementation. Background The SR 125 South project involves eleven miles of new highway facility in southern San Diego County. The proposed highway has been an integral part of the Regional Transportation Plan for San Diego County since 1984. It will relieve existing and growing congestion on local arterials and help maintain LOS required by City ordinance. It will provide regional transportation service to the rapidly growing areas of eastern Chula Vista and the Otay Mesa community within the County and City of San Diego. In conjunction with the planned extension of SR 905, this roadway will also help serve the extensive industrial development on both sides of the international border with Mexico. According to Caltrans and the San Diego Association of Governments, there are no other major transportation infrastructure projects planned for the transportation system in the Southbay region of San Diego County that will provide adequate north-south capacity to serve the current and future planned land use development. The southern 9.5-mile segment of the project is being developed as a privatized tollway by California Transportation Ventures Inc. CTV is the private consortium granted a franchise by the State of California to design, construct and operate the SR 125 facility pursuant to AB 680, legislation adopted in 1989. CTV was formed in 1990 to develop and operate the SR 125 South Roll Road, and is the managing partner of the San Diego Expressway Limited Partnership (SDELP). CTV is a corporation organized under the General Corporation Law of California, and SDELP is a California Limited Partnership. For purposes of this report, we will refer to CTV and SDELP interchangeably. Under the terms of AB 680, CTV was one of four consortiums awarded the right by the State of California to develop a toll road within the State. The major players in the CTV consortium include Parsons Brinckerhoff, a large transportation engineering firm, and Egis Projects, a French company specializing in the financing, design, construction and operation of tollways. On January 6, 1991, a Development Franchise Agreement for a Privatized Transportation Project was executed between CTV and Caltrans. The franchise agreement gives CTV the exclusive rights to develop, finance, design, construct, lease and operate the SR 125 Tollway. In August of 1992, the Development Franchise Agreement was assigned to SDELP. In December of 1992, CTV and Caltrans executed an agreement for Caltrans to perform environmental studies using engineering information developed by CTV. A Draft Environmental Impact Report/Statement was circulated in July of 1996 and a public hearing was held later that summer. In 1998, a new endangered species, the Quino Checkerspot Butterfly, was discovered in the project right-of-way. This discovery prompted the preparation of a supplemental environmental document, which was circulated in April of 1999. The Final Environmental Impact Report/Statement was issued in February of this year. Final environmental approval under State law came later that month, along with route adoption by the California Transportation Commission. A Federal Record of Decision was signed in June. The project is currently facing litigation filed on behalf of Preserve South Bay, a local community group opposed to the highway. Pursuant to an amendment to the franchise dated September 27, 1997, the franchise was extended to include construction of the publicly funded portions of the highway known as the "Gap" and the "Connector." The "Connector" is the 2-mile northerly segment of SR 125 South and interchange between SR 125 South and SR 54, and the Gap is the main line portion of SR 54 through that interchange. SANDAG has agreed to reimburse SDELP for the costs of designing and constructing these portions of the project. One other significant feature of the SR 125 project involves Federal credit enhancement which has been provided by the U.S. Department of Transportation. In September of 1999, the project was awarded $127 million in credit enhancement under the Transportation Infrastructure Finance and Innovation Act (TIFIA) program. This program was established in part to promote private investment in transportation projects. The credit enhancement is in the form of a $94 million direct loan and a ten-year $33 million line of credit. SR 125 was one of five projects selected nationwide for credit support under this program, and the award should be a very positive factor in attempting to gain financing for the tollway. CTV is in the process of selecting a "design-build" contractor. Requests for qualifications were distributed in May of 1999, and proposals, including lump sum prices for design and construction are due on September 15, 2000. The finalists in this process are well-established, experienced contractors, including Miramar Constructors (Modern Continental Construction, C.C. Meyers, Roadway Construction) with URS Greiner Woodward Clyde; The Washington Group (formerly Mon'ison-Knudsen) with Erreca, Carter & Burgess, and AGRA; and Otay Transportation Constructors (Granite Construction Co. and FCI Constructors). The next step in the process for CTV will be to secure financing for the project. Traffic and revenue projections are currently being updated by Wilbur Smith and Associates, the transportation planning and engineering firm hired by CTV to develop these projections. CTV intends to seek financing for the project by year's end. In concluding this background discussion, it is important to recognize the politics of toll roads in California. What has happened on the SR 91 toll facility in Orange County and the ongoing controversy and litigation surrounding that project will have a marked impact on any attempts to accomplish a public ownership of the SR 125 franchise. The Governor's remarks when he eliminated the allocation earmarked for public acquisition of the toll facility indicated his opposition to the use of state funds for this purpose. If the City decides to pursue public ownership of the SR 125 facility, it will be absolutely imperative that we work with the State Administration and our local legislation delegation to gain support for the concept of helping the City not the private developer. Current Financial Plan The project financing structure proposed for the SR 125 tollway is similar to many other toll road projects that have been financed in the past decade, including the San Joaquin and Foothill Eastern Roads in Orange County. Essentially, a combination of bonds, equity investment and earned interest will provide the financing base for the project. The SR 125 Preliminary Financial Plan prepared by Salomon Smith Barney (SSB) delineates the ownership options which are being considered. Both ownership/control by the sponsor and ownership by a not-for-profit corporation are being considered at this time. The obvious mason that a not-for-profit structure is being looked at is to allow access to the lower cost, tax-exempt financial market. It is expected that the final decision on this issue will be made at least throe months prior to anticipated financial closing. The SSB report also indicates that the not-for- profit approach can also be considered later as an "exit strategy" for the sponsors, after the opening of the project to traffic: the Project can initially be financed with taxable debt and equity, and if performance is sub-par, then the sponsors can sell the Project to a not-for-profit corporation. The financing plan being proposed by SSB is similar whether the sponsors retain ownership/control or ownership is through a not-for-profit corporation. The plan would involve selling a reasonable quality of debt consistent with requirements to obtain TIFIA enhancements, and to issue subordinated debt to ensure full utilization of the TIHA credits. Any remaining costs would be funded with additional equity under the for-profit approach or a sponsor contribution repaid through additional subordinated debt under the not-for-profit approach. The underlying assumptions that led SSB to recommend this structure are reliant on a number of very basic credit factors, some of which bear additional examination from the City's perspective. These factors are extracted directly from the SSB Preliminary Financing Plan. 1. Lien on all project revenues (primarily tolls) and debt and operating reserves and a trust deed based on interest in land and improvements; 2. Funding of previously-incurred development costs by CTV and affiliates; 3. Covenants imposing obligation on owner-operator to set tolls at a level to cover debt; and, 4. Pledge of project contracts relating to a.) Turnkey civil design-build contract, b.) Turnkey toll collection contract, c.) Operation and maintenance agreement, d.) Franchise agreement with Caltrans signed under provisions of AB 680. Although these factors are consistent with the types of investor assurances required in other toll road projects financed in the recent past, the City may question the need to tie themselves to pre- existing contracts as set forth in #4 above. Under a tax-exempt financing alternative, CTV/SDELP would sell their interest in the franchise and other development activities to the City or a JPA specially established to own the project. The sale price would be a negotiated value that is not greater than the fair market value of the sponsor's interests, determined through a fair market value appraisal. A portion of the sale price would probably have to be paid in cash and could be financed with tax-exempt debt. The sponsors could take the remaining amount through a subordinated, tax-exempt note with interest to be paid at a market rate. SSB's preliminary financing plan shows that the sponsors out of pocket development costs is paid in cash, and the remainder of the purchase price taken as a subordinated note. Analysis of assumptions Our review of the SR 125 South project is necessarily limited to the preliminary materials made available by the developers. While it is our view that the accuracy and validity of the estimates and projections inherent in support of the following major factors can only be determined by peer-level analysis, we have reviewed the available material and offer our comments. Growth and development: We find that the developer has undertaken a traditional approach consistent with the funding and financing of other similar toll-financed facilities constructed throughout the world. Mom specifically, the marketability of the SR 125 South Tollway bond issue is highly dependent on the developer demonstrating that this project will generate revenues in amounts sufficient to attract investors. For this and other similar projects, this task traditionally has been accomplished by engaging expert consultants to prepare projections of anticipated growth rates of population, economic activity and traffic demand in a given market area (Primary Market Area - PMA). CTV has engaged Wilbur Smith Associates (WSA) for this activity, and WSA prepared an interim report in 1998 that they are currently updating as CTV prepares to take this project forward to financing. Our firm was afforded the opportunity to review the SR 125 South Tollway Traffic and Revenue Forecast prepared by WSA. Inasmuch as our work product serves as a preliminary review for the benefit of the City Council, and to respect the needs of the developer to preserve their proprietary interests, our review was undertaken under a confidentiality agreement between Smith & Kempton and CTV. Consistent with this agreement, without divulging specific findings or projections, we have reviewed the document and are permitted to offer observations that are relevant to the task at hand. First, it is consistent with industry practice for the traffic and revenue forecasting consultant to utilize planning models and inputs developed by the local regional transportation planning agency, in this case, SANDAG. It appears that initial work by WSA was based on SANDAG's so-called "Series 8" traffic trip tables. These tables have since been superseded by SANDAG in the form of new tables, the "Series 9" tables. Sub consultant's working under WSA analyzed the Series 9 estimates prepared by SANDAG relating to population, housing, and employment and prepared, as well, their own independent estimates for the SR 125 market area that are higher than those projected under SANDAG's Series 9 and earlier models. We are unable to provide specific examples of these higher estimates, but we can conclude that there appears to be increased potential for traffic generation and, therefore, potential revenue for the facility than had previously been projected. This will require verification based on updated and reconciled Series 9 modeling numbers before a series of final trip tables and related revenue analysis can be performed. However, these findings must be reconciled by WSA with "corrected" Series 9 data before they can be used in the marketplace. Traffic Projections: A thorough review of pre-existing traffic trends is necessary as a means to understand travel patterns and trip data, which in turn are precursors to the modeling of future traffic demand and related potential for revenues. The WSA interim report builds on historical data collected by Caltrans with emphasis on 1-5, 1-805 and State Routes 905, 54, 94, and 125. In the cases of both I-5 and 1-805, traffic roughly doubled in the period 1985 through 1994. In a similar vein, the traffic demand on SR 54 increased by more than 100 percent between 1985 and 1995. However, traffic counts for SR 94 did not mirror such high growth rates, although demand pressure was still significant. Finally, SR 125 between Lemon Avenue and Grossmont Boulevard experienced a continuous rate of annual growth of 3.5 percent in the decade ending 1995. (i.e. 41% total increase in 10 years) Demand was also reviewed at the three border crossings, and not surprisingly, it was determined that the number of passenger vehicles had increased significantly in a four year period ending in 1995, with an increase estimated to be 1.33 percent per year. Interestingly, the crossing with the most rapid growth rate was found to be Otay Mesa, with annual increases in passenger vehicles in excess of 6 percent and tracks at nearly 9 percent. This data was then subjected to supplemental studies focusing on travel time and related distance traveled studies, which were useful in making adjustments in computer traffic models that were used by WSA in estimating traffic and toll revenue. Revenue estimates: As with the preceding factors, our review was performed on the 1998 WSA work product since an updated report being prepared for the benefit of the developers has not been comPleted. Basic assumptions contained in the revenue estimates include an initial four-lane facility, and an opening date of July 1, 2001. Further, WSA provides estimates for fifteen years of operations, operating under the presumption that a longer-term final report would be undertaken at the time of financing. The WSA report concludes that the first 6-month period of revenue operations, adjusted for an initial half-year of activity and the anticipated ramping up of demand as users adjust to the presence of the facility in the community, would produce $5.8 million. Looking forward to the third year of operation, WSA's report projects revenue to accumulate at more than $23 million and by the fifteenth year of revenue operations, WSA shows annual revenue collections in excess of $55 million. We have also reviewed the SDELP preliminary financing plan that is directly tied to this preliminary revenue estimate. Based on this limited review, it appears that total operating revenues will provide an adequate revenue stream to support long-term debt service, operating costs and maintenance costs. Organizational/Ownership Options There are essentially two basic options to consider in determining the ownership and operation of the SR 125 South project. Private Ownership - This option is the anticipated ownership option for this project. Ownership would remain in private hands, with CTV or another private entity holding the AB 680 franchise. This option could be accomplished on either a "for-profit" or a "not-for-profit" basis, with a tax- exempt structure being used to issue debt under the latter approach. On a "not-for-profit" basis, CTV would have to sell its interest to a viable non-profit organization eligible to take advantage of tax exempt financing. Currently, CTV is exploring both "for-profit" and "not-for-profit" alternatives and has been advised by its Financial Advisor that either approach is feasible in today's financial markets. A decision will likely be based on the upside potential of sponsor ownership versus project economics and market conditions which may dictate the need for tax- exempt financing. Public Ownership - This option has several variations, including City ownership, City involvement in ownership through a Joint Powers Authority, or ownership by another public agency or group of agencies. All public ownership options, however, provide the benefit of being eligible for tax-exempt financing, possible property tax or "possessory interest" tax relief and greater public control over toll operations. While it may be possible for the City of Chula Vista to accomplish a public buy-out on its own, there are other aitematives which involve less of a direct risk. One such alternative would involve creation of a Joint Powers Authority that is specifically established to take over ownership of the project. Under California law, two or more governmental units can form a JPA to finance and lease a toll road. The JPA could consist of entities under the City's control or the City could be involved with other entities as deemed appropriate. The JPA would be eligible for tax-exempt financing, and would be in a position to better control the amount of the tolls and the tenure of toll charges on SR 125. Another alternative which bears further examination would be to ask SANDAG, the San Diego County Metropolitan Planning Organization, to take a lead role in the public ownership process. SANDAG already administers the tolls on the Coronado Bridge and oversees the toll operations on Interstate 15 in San Diego County, so their involvement in this type of activity makes some sense. SANDAG could serve as the sole owner/operator, or could participate in a multi-agency JPA which could include the City. Since a substantial portion of the project is in the County's jurisdiction, it also seems appropriate that the County of San Diego be involved in any joint powers operation. There is one other public ownership alternative which must be considered, and that is simply allowing the franchise to fail or expire. This would mean constructing the SR 125 South facility as a conventional state highway. Traditional funding for a project of this magnitude, absent an extension of the Transnet Program, would take longer to accomplish, but the city has resources that could finance an interim SR 125 facility to provide some additional north-south capacity until other funds become available. The City has already initiated planning efforts in the regard, and this year's City budget includes $250,000 to begin the engineering work for an interim facility. Obviously, if the local transportation sales tax program (Transnet) is extended in the near future, traditional financing for this project becomes more viable. Again, the key consideration here is the additional time it would take to get a complete facility in place. A variation of this last alternative would be to delay any further review pending the results of CTV's efforts to obtain financing. If CTV is successful, the project can go forward without public involvement. If CTV is not successful, then the City could proceed to explore public ownership options but only after efforts to obtain private financing have failed. This would mean a delay of several months in being able to negotiate a purchase of the Franchise from CTV and implement the project, and the Council needs to consider this factor in deciding whether to proceed with additional analysis at this time. Potential Legislation The potential for legislation to enhance the fundability or attractiveness of the project is very limited in the near term. The State legislature is finishing up the last half of the 1999-2000 Session at the end of August, and no new legislation may be introduced until the next Session begins in early December. Even in that case, legislation introduced for consideration in 2001, would not become effective as a change in law until January 1, 2002. If an Urgency Clause could be justified, then by two-thirds vote of both house~, a bill can become effective immediately upon Gubernatorial approval. Having said that, we believe that current law is adequate for establishing a Joint Powers Authority (JPA), which is one of the possible organizational structures discussed in this review document. However, it has not been unprecedented.for entities exploring the benefits of existing JPA law to find it necessary to "tailor" JPA law by amendments to the act. We have identified an initial limited list of potential statutory amendments that could be beneficial to the transfer of the SR 125 franchise to a Chula Vista-organized IPA. These are not necessary to the formation of the JPA, but would be targeted at bringing this project to a level consistent with other state-authorized toll facilities, the Transportation Corridor Agencies of Orange County. Specifically, there are two potential legislative modifications that would provide financial relief to the project, which in turn would reduce the fiscal pressure on the revenue collections, resulting in a healthier project, a reduced toll collection period, or possibly reduced toll amounts. These amendments would be: > Recognize that SR 125 is a State Highway and recognize that the state has an obligation to cover maintenance costs; ~' Recognize the state's responsibility to cover law enfomement costs. In addition, if the City decides to further pursue a public ownership option, it would be our recommendation to monitor the progress of the "peer review" contractors to seek additional improvements to the law that would benefit the city. These might include organizational structure modifications such as membership, clarification of liability and the like. To reinforce our previous comments on the political aspects of toll roads, we need to make a final comment relative to any legislation which may be necessary. It has been very clear since. the public abandonment by the Governor of the attempted SR 91 transfer agreement late last year that the State's Chief Executive wants nothing to do with AB 680 projects. This sobering reality was driven home this summer by the Governor's very pointed blue-pencilling of transportation appropriations for both the SR 57 and SR 125 franchise agreement projects. Conversations with the Governor's staff and state transportation officials subsequent to the Governor's actions indicate that any course of action requiring the Governor's involvement is in serious jeopardy. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DIRECTING THE CITY MANAGER TO CONDUCT FURTHER ANALYSIS REGARDING THE PURCHASE OF SR-125 TOLL ROAD FRANCHISE WHEREAS, the City of Chula Vista has retained the firm of Smith and Kempton to assist the City in efforts to assure that SR- 125 is constructed in a timely manner; and WHEREAS, this facility is a crucial transportation element to serve the new developments in Eastern Chula Vista and the entire eastern South Bay of San Diego County; and WHEREAS, at the Council meeting of May 2, 2000, Council directed staff to investigate the necessary actions and commitments needed for the City to be involved in a Public Toll Road. NOW, THEREFORE, BE IT RESOLVED the city Council of the City of Chula Vista does hereby direct staff to take the following actions: 1. Proceed with further discussions/negotiations with CTV on acceptable terms and conditions for a transfer of the SR-125 Franchise. 2 Request CTV to make available all data and information necessary for a full ~peer" review. 3 Authorize the City Manager to use appropriate funds to hire consultants to review traffic and revenue forecasts, to conduct a financial appraisal and to retain outside legal resources when necessary. 4 Enter into discussion with consultants to conduct a ~peer" review of information used by CTV in making traffic and revenue projections for this project. 5 Enter into discussions with a financial consultant to conduct a financially based appraisal. 6. Engage outside legal counsel, when necessary, to 1 advise the City on legal issues related to a public buyout. 7. Enter into discussions with S/LNDAG, the County of San Diego or other appropriate jurisdictions regarding potential creation of Joint Powers Authority. 8. Meet with the city's legislative delegation to discuss options and to gain support for the City's objectives. 9. Meet with Administration officials: CalTrans Business Transportation & Housing Agency State Treasurer Governor's office 10. Direct staff to explore the need for legislation and to identify any statutory changes which might be required. 11. Direct staff to develop a schedule for implementation. Presented by Approved as to form by John P. Lippitt John M. Kaheny Director of Public Works City Attorney [H:\H OMELA~FORN EYIRE$O\ SR125 purchase analysis (August 17, 2000 (1:59pm)] 2 COUNCIL AGENDA STATEMENT Item: /-~ Meeting Date: $/22/00 ITEM TITLE: Resolution Approving an Agreement with Otay Water Distvi,ct to locate Reclaimed Water Facilities within the proposed EastLake Greens "Sports Park" / SUBMITTED BY: Vireclor of Public Works ~// Director of Parks and Recreation~--~'~- REVIEWED BY: City Manager . . a'2/ (4/5ths Vote: Yes __ No X ) The Otay Water District (OWD) proposes to locate an underground concrete reclaimed water reservoir, an on-grade pump station and accompanying access easements at the future EastLake Greens "Sports Park," for which improvement plans are currently under review. RECOMMENDATION: That Council approve the agreement with Otay Water District to locate reclaimed water facilities within the proposed EastLake Greens "Sports Park." BOARDS/COMMISSIONS RECOMMENDATION: The Parks and Recreation Commission, at their regular meeting held on May 20, 1999, voted unanimously (4-0) to approve locating a below- grade reclaimed water reservoir in the proposed "Sports Park". Minutes from the meeting are attached. DISCUSSION: Background EastLake Development Company (ELDC) Obligation In response to a requirement of the City Parkland Dedication Ordinance and the EastLake Greens Public Facilities Financing Plan, ELDC identified a 10.0 acre park site on the west side of South Gmensview Drive in the South Greens ama of EastLake (See Attachment A.) This park site is proposed to be dedicated by ELDC as a Neighborhood Park to meet the remaining park dedication requirements for the Greens development. In 1996, 'after negotiations concerning previous EastLake park commitments, the City and ELDC entered into an Escrow Agreement which states the park "shall be fully completed, open and available for use not later than March 31, 1999." Subsequently, to guarantee their commitment in view of delays resulting fi'om preliminary evaluation of the proposed siting of a reservoir on this park site by the Otay Water District, ELDC provided an Indemnity Bond to the City for the amount of the Page 2, Item: Meeting Date: 8/22/00 proposed park improvements, in the sum of $2,327,800. The sum is based upon the PDO requirement for park improvements, based on the number of dwelling units for the EastLake Greens project. The bond would be re. leased upon completion of the park improvements to the satisfaction of the City. Park Design History On March 21, 1996, The City of Chula Vista Parks and Recreation Con~nission approved a Park Master Plan and associated name "Sports Park." Subsequently, City Staff and ELDC's Landscape Architectural consultant, ONA, commenced design development efforts towards completion of construction working drawings and specifications to be used to build the park. City staff, recognizing a need for additional sports field space in the City through Park Master Plan preparation, requested a revision to the park plans to include two soccer fields to replace the single one on the approved design. "Joint Use of Facilities" Concept On December 5, 1995 the City of Chula Vi sta and the Otay Water District entered into an Agreement to define the provisions for OWD's water service. Article #9 of this Agreement included language for OWD to agree to the joint use of facilities. The OWD Board of Directors then developed policy regarding this matter and established categories for the types of uses it deemed appropriate for the use of land adjacent to reservoirs and above buried concrete reservoir roofs. In the course of planning for the water needs of the EastLake and Otay Ranch communities, OWD identified several sites for the location of a reclaimed water reservoir. The "Sports Park" site was identified to be of the appropriate elevation and with the proposed concrete multi-purpose play court a component of the park plan; the site afforded the possibility of locating the reservoir below grade, under the concrete play court. On May 12, 1997, City staff met with representatives of OWD, the Otay Ranch Company, and the ELDC to discuss a proposed modification of the park design incorporating a below grade reservoir and minor OWD facilities on the "Sports Park" site. The reservoir would be located below the multi- purpose court at the southeast comer of the park. There is also a pump station that would be located in the southwestern comer of the park. This proposed joint use involves an extended period for design development for the proposed facilities to insure that all issues are addressed in the appropriate manner. City staff's willingness to recommend this concept has been based upon the stated objective that the OWD facilities would have minimal or no impact upon park usage. City staff has deemed it important that the City thoroughly review the proposed joint use concept and determine whether it is appropriate for this Page 3, Item: ~ Meeting Date: 8/22,/00 specific project. If the City Council grants this approval, the site would then be developed with OWD facilities and scheduled so that construction of the reservoir would dovetail with the construction of the park improvements to the maximum extent possible. Analysis As previously stated, the primary issue with the proposed project is how the OWD proposal may impact the use of the park by the neighborhood residents. In order to receive a recoratnendation for approval, the proposal should have minimal or no impact on the park usage. Staff has considered the following in making a recommendation on the proposed project: 1. Effect of proposed joint use on timing of completion of the park. 2. Anticipated OWD use of facilities, access to facilities and frequency. 3. Description of facilities above and below grade, and the various elements relationships, connections, penetrations, etc. 4. Visual impact of the facilities. 5. Anticipated limitations to park improvements created by this proposal. 6. OWD facilities maintenance program. 7. Identified benefits to the City for this proposed joint use. The following is additional discussion on the topics identified above: 1. Effect of proposed joint use on timing of completion of the park. Locating the reservoir in the park would not be a good idea if it delays the time when the park is completed and available for community use. OWD and ELDC have provided a construction schedule and timeline which identifies the major components of the construction. The proposal is for the OWD facility construction to be contained within a specific portion of the site (Phase Il) and the park facilities to be developed on the remaining portion of the site (Phase I). The Phase 1I portion would subsequently be developed with the proposed park improvements after the construction of the OWD facilities. This concept originally would have caused a four-month delay in the entire park site being available for use. ELDC has however proposed to plant the turf in the Phase II portion of the site with sod in lieu of the typical seed planting. This would greatly reduce the need for the one year maintenance period to allow the turf to become established and should eliminate the possible four month delay. The result is that the proposed joint use of the facilities would have no impact on the timing of the completion of the park. Construction of the pump station is proposed to be deferred for five years or as the recycled water demand dictates. Initially, only the piping for the pump station will be completed along with the reservoir and inlet/outlet pipelines. However, construction access for this future construction will be Page 4, Item: Meeting Date: 8/22/00 via the California Aqueduct easement, thus use of the park would not be limited during the construction period. 2. Anticipated O WD use of facilities, access to facilities, and frequency. The anticipated OWD use of facilities would be to provide recycled water to the surrounding area (OWl) zones 680 and 950) primarily for irrigation purposes. Once constructed, the pump station would be accessed two or three times a week to check pumps, valves, and other items. This operation would take less than half an hour per visit. The reservoirs and pipelines will be checked visually as District operators drive by. Access to the facilities will be required via the California Water Authority's (CWA) aqueduct easement, as well as South Gmensview Drive. The CWA aqueduct easement will be designated the primary access. The South Greensview access will be designated as a secondary access to be used if the primary access is unavailable. The park plans include a jogging trail of decomposed granite which would be constructed to ten-foot (10') wide to accommodate the District's trucks, should they use this secondary access. 3. Description of facilities above and below grade, and the various elements relationships, connections, penetrations, etc. The proposed joint use of the reservoir roof will require a layer of soil approximately one to two feet deep with a concrete layer of four to six inches on top of that for the multi-purpose court. The reservoir will include a vent, operations access hatch, equipment access hatch and a valve vault hatch. A principal vent and possibly a separate vent may be required for the valve vault cha[nber to allow air to circulate. These will be above ground and could be located to the sides of the facility. Shrub planting areas could surround these elements to visually screen the appearance. The operations access hatch consists of stairs that lead down into the basin permitting OWD personnel to descend into the reservoir as needed. The equipment access hatch is required to lower equipment into the reservoir for long-term maintenance and repairs. The valve vault hatch is necessary to allow OWD personnel to check valves and electrical items in the valve vault chamber. Below grade piping would connect the reservoir, and the pump station to the existing off-site OWD piping system. In addition, the pipelines may have minor flush mounted valve boxes. The pump station, which would be at-grade, would be designed into the existing slope with small retaining walls. The exact design of all these elements, especially those that are above grade, would be refined during the design development phase of the OWD facilities with the objective being to construct and locate them in such a manner as to minimize the impact on the park. 4. Visual impact of the facilities. As the various facility elements are subject to modification during the design process, it is intended that all above grade elements would be located in such a manner that them is no conflict with park Page 5, Item: Meeting Date: 8/22/00 components and maximum visual screening would occur. The largest element is the below grade water reservoir, and the concrete multi-purpose play court would be located over the roof which would cover the majority of this area. The visual impact of the reservoir in the park thus would be non-existent because it is below grade. The additional area beyond the multi-purpose court would require turf planting because of the depth of the soil. The elements that penetrate the surface would be surrounded with shrub plantings to visually obscure them from the park users. The visual impact of the pump station is minimal because it is located on a down slope toward the open space corridor, and would be graded into the slope with the use of retaining walls. Additionally the station would be heavily screened by the slope erosion control shrub planting. 5. Anticipated limitationa' to park improvements created by this proposal. The limitations anticipated are primarily two types. First would be the requirement for turf over the extended portions of the below grade reservoir not covered by the currently proposed concrete play court, due to the shallow soil. Therefore trees would have to be placed back from the area, approximately five (5) to ten (10) feet. However this would be the standard distance maintained from the concrete court in any case. Of course, the multi use court footprint does not need to match the underground reservoir footprint. It can be constructed in any shape that meets the park's needs. However, it should be constructed in a way that minimizes the coveting of the pipelines. The second possible limitation would be during the times when maintenance of the facilities occurs. Depending on the extent of the work required, pathways may be blocked by equipment or hoses, etc. It is expected this would be a minor limitation and temporary in any case. 6. OWD facilities maintenance program. After construction, an eleventh month warranty inspection of all facilities will be required, including visual inspection inside of the reservoir. The reservoir will need to be drained prior to inspection and will take one day to inspect and wash down. This work should be completed within one week with most of the work taking place underground within the reservoir. After the warranty inspection a biannual maintenance inspection will be conducted, which consists of a diver who physically swims in the reservoir and inspects the condition of the interior. The diver uses a van and diving equipment, but does not check any above ground appurtenances. This inspection takes one day. Every six years, depending on conditions, the reservoir will be taken out of service, washed down, cleaned and any necessary repairs made. This effort usually lasts one week and involves some heavy equipment, i.e. a crane and truck to lift the equipment access hatch off the reservoir roof. Page 6, Item: Meeting Date: 8/22/00 Any repairs due to a water main break or other emergency should have a short duration impact on the park as the OWD responds immediately to such emergencies and generally completes repairs within one day. 7. Identified benefits to the City for this proposed joint use. The following are recognized benefits to the City for providing this joint use facility: · Avoids OWD's need to condemn an adjacent site and construct an above ground tank. · Mitigation of visual impacts with an underground reservoir as opposed to an above grade tank, due to the site's elevation relative to OWD requirements. · Minimum maintenance disturbance is afforded by the proximity to the CWA easement where future access would occur. · City will receive a one-time payment from Otay of $249,550. Agreement The agreement was negotiated between the Staff's of Otay Water District and City. · Otay will pay the cost of design, construction, operation and maintenance of the Reservoir and appurtenant Reclaimed Water facilities. · Otay will, to the fullest extent possible, minimize the disruption to the Park users. · If the Park, or a portion of the Park, needs to be closed for an extended period of time Otay will share in the cost of the City renting other facilities on a temporary basis. · Otay will examine joint use of water facilities in their future planning of facilities. · Otay will construct the 2 million gallon reservoir underground. The ground above the reservoir will be usable for City recreational purposes. · Otay will pay the City $249,550 for an easement. · In the event that the reservoir is no longer needed or used by Otay, the easement and reservoir shall be abandoned by Otay and the reservoir removed or properly disposed of at no cost to the City. ENVIRONMENTAL: In accordance with Section 15070 of the California Environmental Quality Act, the Otay Water District (OWD) has prepared a Mitigated Negative Declaration (MND) for the Reclaimed Water Facilities (Recycled System Reservoir No. 2 Pump Station No. 2, and connecting pipelines). The MND was adopted and approved by the OWD Board of Directors on July 15, 1998. The MND identified potential impacts to paleontological resources during project construction. The MND has Page 7, Item: Meeting Date: 8/22/00 incorporated an appropriate measure to fully mitigate any potential impacts associated with paleontological resources CONCLUSION Staff believes, based upon the information provided to date, that the OWD facilities would have little or no impact on the park usage. Staff recommends, based upon the benefits of this proposal (i.e. possible money for other park projects and improvements within the City) that the City Council accept the Parks and Recreation Commission recommendation and approve the proposed concept. The Otay Water District Board of Directors have approved the agreement and authorized the General Manager to sign it. FISCAL IMPACT: Staff time for review and processing the park plans and OVED facilities will be paid by the developer through deposit accounts per existing Processing Agreements. The City will receive payment from Otay in the amount of $249,550. Payment is due either upon recording of the easement by the District, or on or before six months from the City Council approval of the agreement, whichever occurs first. Attachments: A. EastLake Greens area locator map B. "Sports Park" concept plan with phased construction H: HomeXEngineer\agenda\otaysportsreservoir.doc 0~ ~' / c~/ ,~/ ~ r'~-.~. ~ERVOIR SANTA ~ } r .... ~ I / / / / oLYMP ROAD Source: John Powell & Associates 1998 Olympic Parkway pipeline Altcmadve A' 16" 680 ~ Pipeline Locations -- -~ -- -- Other 680 pipelines (N.A.P.) Recording requested by and when Recorded return to: City Clerk City of Chula Vista 276 Fourth Avenue Chula Vista, California 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. JOINT USE ~ GR/%NT OF EASEMENT AGREEMENT BY i~ND BETWEEN THE CITY OF CHULA VISTA i~24D THE OTA¥ WATER DISTRICT This Joint Use and Grant of Easement Agreement (~Agreement") is made this day of , 2000, by and between the City of Chula Vista, a Municipal Corporation ("City") and the Otay Water District, a Municipal Water District, formed and existing pursuant to the California Municipal Water District Act, as amended, ("District") is made with reference to the following facts: 1 RECITALS A. WHEREAS, the District is engaged in the business of distributing water within portions of the County of San Diego, State of California, and desires to construct, operate, and maintain facilities for such purposes located in, upon, over, under, and across the certain real property and rights-of-way granted to the City by The EastLake Company, LLC on property located in the City of Chula Vista, County of San Diego, State of California; and B. WHEREAS, The EastLake Company, LLC is required' to construct a ten (10) acre neighborhood park ("Sports Park") as depicted in Exhibit A; and C. WHEREAS, the City and the District entered into an agreement for the provision of water service in a portion of the City of Chula Vista, dated December 1995, approved by Resolution 18148 and for the joint use of facilities; and D. WHEREAS, the District's Board of Directors has adopted a Master Plan for recycled water facilities located throughout 2 the District's jurisdiction, including recycled water facilities in the EastLake area within the City of Chula Vista; and E. WHEREAS, the City, the District, The EastLake Company, the McMillin Company, and Otay Ranch Development participated in a siting study which identified the EastLake neighborhood park site as an acceptable site to locate a recycled water storage reservoir, pump station, and associated pipelines and appurtenances (collectively referred to as '~Water Reservoir") deemed necessary to District operations; and F. WHEREAS, the District and The EastLake Company have entered into an agreement for the design and construction of the Water Reservoir; and G. WHEREAS, the recycled water facilities are included in the District's Capital Improvement Program (CIP); and H. WHEREAS, the Sports Park location and proposed finished grade elevation provides the opportunity to locate the Water Reservoir, excluding the pump station, below grade; and 3 I. WHEREAS, the District, the City, and The EastLake Company agree that all entities would benefit from locating the Water Reservoir at the Sports Park site; and Jo WHEREAS, the District will make every effort to minimize the disruption to the use of the park by community residents as a result of the location, construction, and maintenance of the Water Reservoir at the Sports Park. K. WHEREAS, the District Board of Directors approved a Mitigated Negative Declaration, (MND) on July 15, 1998. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Design Construction and Cost. The District agrees, at its own cost and expense, to design, obtain all necessary permits, construct below grade, and maintain the Water Reservoir at the site generally depicted on Exhibit A attached hereto. The pump station will be at grade. The District agrees to pay or reimburse the City for the cost incurred by the City associated with the redesign of the grading plan, not to exceed ten thousand dollars ($10,000). 4 2. Maintenance, Repair, Reconstruction andMitigation. The City acknowledges that the District will perform routine maintenance of the Water Reservoir and that such maintenance may disrupt the use of a portion of the Sports Park by the neighborhood residents. The District anticipates this maintenahce shall consist of work requiring up to two (2) calendar weeks to complete, one (1) year after completion of construction of the Water Reservoir. The District anticipates maintenance shall consist of work requiring one (1) calendar week each year thereafter. The City acknowledges that the District may need to perform emergency repair work on the Water Reservoir and that such work could disrupt the use of a portion of the Sports Park. The City acknowledges that the District may perform emergency repair work, major reconstruction or replacement work (collectively known as "Extraordinary Repair Requirement") of the Water Reservoir, which will disrupt the use of a portion of the Sports Park for up to two (2) years. The District will make every effort to perform reconstruction, replacement, and/or repairs in a diligent workman-like manner to minimize impacts to the Sports Park. In the event of an Extraordinary Repair Requirement, the City and the District will cooperate in good faith to minimize any disruption to recreation programs. 5 District and City agree that District will site its reservoir under the proposed basketball courts so that any maintenance or repair will cause a minimum of disruption to City recreational programs. In the event of anticipated or unanticipated maintenance, reconstruction, replacement or repair or extraordinary repair work, the District shall return the Sports Park to the original condition immediately preceding the catastrophic event requiring the work. If the City leases substitute basketball courts during the period that extraordinary repairs take place, the District will pay one-half the cost of said rental. 3. Notice. The District shall notify the City of planned maintenance, repair and reconstruction work that may disrupt the use of a portion of the Sports Park and take reasonable measures to coordinate with the City, prior to proceeding with the work. 4. Easement. The City hereby grants an easement to the District, necessary for the construction, maintenance, operation, and reconstruction of the District's Water Reservoir 6 as set forth in Exhibit B attached hereto, including the right of ingress and egress. 5. Easement Cost. In return for the City granting the District an easement, as described in Exhibit B, the District shall pay a one (1) time amount of two hundred forty-nine thousand, five hundred and fifty dollars ($249,550.00). Payment is due either upon recording of the easement by the District, as granted by the City, or on or before six (6) months from the City Council approval of this Agreement, whichever occurs first. 6. Fenging. Upon request of the City, the District agrees to install fencing around the Water Reservoir in the location specified by the City, to the satisfaction of the City, consistent with County and State Health Department requirements and at no cost or expense to the City. The fencing shall be maintained to the satisfaction of the City by the District and at the District's sole expense. 7. Finish grade. The City shall provide a finish grade of at least 685 feet above mean sea level over the top of the proposed 680 storage reservoir within the proposed Sports Park in the area of the basketball courts. 7 8. Sewer System Connection. The City will allow the District to connect into the City's sewer system without costs of any kind. The District shall pay the City for all Metro flow and strength charges for the flow actually disposed by the District into the City's sewer system. The District will provide the City with prior notice of any discharge into the sewer system and the amount to be discharged. 9. Removal of Water Reservoir. At such time as the Water Reservoir is no longer needed or desired by the District, the Water Reservoir and easement shall be abandoned by the District, at no cost or expense to the City, in a manner subject to City approval, which approval shall not be unreasonably withheld. 10. No Precedent. The City and the District agree that this joint use and the specifics of this site are unique and no precedent is established, nor may be inferred, as to future City park land determination of eligibility for credit or acceptance under the requirements of the City's Municipal Code. 11. Future Planning. The District and the City agree to continue to work towards the joint use of facilities. Towards this end, the District and the City agree to work together in 8 the future planning and design of all future District facilities in an attempt to accommodate the recreational needs of the City residents in such a manner as to create minimal or no disruption to the use of District facilities. 12. Force Majeure. Notwithstanding any contrary provisions hereinabov~, in the event of damage caused by an act of God, war, or other casualty, or damage caused under circumstances where it would be impractical or impossible for the District to notify the City of the necessity for temporary interference with the use of the Sports Park, District may, without notice, enter upon the Sports Park site and make emergency repairs to restore its service. District shall, however, take reasonable and prudent measures to protect the installations of the Sports Park and minimize such interference, and as soon as practically possible, notify the City of such emergency repairs. If permanent repairs are required after such emergency repairs have been made, notice thereof shall promptly be given to the City. 13. ~reement Binding Upon Successors. This Agreement shall be binding upon and inure to the benefit of the representatives, agents, successors, assigns and interests of the parties as to any or all of the property, until released by the mutual consent of the parties. 14. District Indemnification. The District shall indemnify and hold harmless the City and its officers, agents and employees against all claims for damages to persons or property including City property arising out of the conduct of the District or its employees, agents, subcontractors, or others in connection with the Water Reservoir installation and maintenance, except only for those claims arising from the sole negligence or sole willful conduct of the City, its officers, agents or employees. The District's indemnification shall include any and all costs, expense, attorneys' fees and liability incurred by the City and its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, the District shall, at its own expense, upon written request by the City, defend any such suit or action brought against the City, its officers, agents or employees. 15. City Indemnification. The City shall indemnify and hold harmless the District and its officers, agents and employees against all claims for damages to persons or property including District property arising out of the conduct of the City or its employees, agents, subcontractors or others and except only for those claims arising from the sole negligence or 10 · r T sole willful conduct of the District, its officers, agents or employees. The City's indemnification shall include any and all costs, expense, attorneys' fees and liability incurred by the District and its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, the City shall, at its own expense, upon written request by the District, defend any such suit or action brought against the District, its officers, agents or employees. 16. ~itigated Negative Declaration. District will implement all the mitigation measures and conditions of approval provided in the Mitigated Negative Declaration as approved by the Board of Diredtors on July 15, 1998. 17. Effective Date. The terms and conditions of this Agreement shall be effective as of the date first set forth hereinabove. This Agreement shall be perpetual. 18. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be original and all of which shall constitute one and the same document. 11 -20 19. Recording. The parties hereto shall cause this Agreement to be recorded in the Office Records of the San Diego County Recorder's Office. 20. Miscellaneous Provisions. 20.a. Notices. Unless otherwise provided in this Agreement or by law, any and all notices required or permitted by this Agreement or by law to be served on or delivered to either party shall be in writing and shall be deemed duly served, delivered, and received when personally delivered to the party to whom it is directed, or in lieu thereof, when three (3) business days have elapsed following deposit in the U.S. mail, certified or registered mail, return receipt requested, first- class postage prepaid, addressed to the address indicated in this Agreement. A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided in this paragraph. CITY OF CHULA VISTA Department of Public Works/Engineering Division 276 Fourth Avenue Chula Vista, CA 91910 Attn: City Engineer OTAY WATER DISTRICT 2554 Sweetwater Springs Boulevard Spring valley, CA 91978-2096 Attn: General Manager 20.b. Captions. Captions in this Agreement are inserted for convenience of reference and do not define, describe or limit the scope or intent of this Agreement or any of its terms. 20.c. Entire Agreement. This Agreement, together with any other written document referred to herein, embody the entire Agreement and understanding between the parties regarding the subject matter hereof and any and all prior or contemporaneous oral or written representations, agreements, understandings, and/or statements shall be of no force nor effect. This Agreement is not intended to supersede or amend any other agreement between the parties, unless expressly noted. 20.d. Recitals and Exhibits. Any recitals set forth above and any attached exhibits are incorporated by reference into this Agreement. 20.e. Compliance with Laws. Each party agrees to comply with all applicable laws, ordinances, governmental regulations or agreements, regarding the habitat, protected species, water quality, solid wastes, hazardous wastes, hazardous materials, toxic substances, and any and all other 13 forms of pollution or nuisance control (herein collectively referred to as "Standards"). 20.f. Mutual Indemnification for Abating Violation of Standards by Other Party. Each party shall indemnify the other party for all costs (including, but not limited to consulting, engineering, mitigation, clean-up, containment, disposal, and legal costs) incurred by the other party as a result of abating a violation of Standards in any proceeding before any authority or court, and paying any fines or penalties imposed because of a violation of any Standards which result from a party failing to comply with the Standards. 20.g. Mutual Hold Harmless. Each party hereby assumes liability for, and shall indemnify and hold harmless the other from any suit, enforcement action, or claim resulting from or relating to (1) any alleged violation of Standards, or (2) all injuries to or death of any persons and loss of or damages to property, including without limitation, employees and property of the other party, and which relate to any alleged violation of Standards which would not have arisen but for the actions, or inactions, of a party. 14 20.h. Authority of Signatories. Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions and/or other actions have been taken so as to enable said signatory to enter into this Agreement. 20.i. Modification. This Agreement may not be modified, terminated, or rescinded, in whole or in part, except by written instrument duly executed and acknowledged by the parties hereto, their successors, or assigns and duly recorded in the Office of the San Diego County Recorder. 20.j. Severability. If any term, covenant or condition of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term, covenant, or condition to person or circumstances, other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term, covenant, or condition shall be valid and be enforced to the fullest extent permitted by law. 15 20.k. Preparation of Agreement. No inference, assumption or presumption shall be drawn from the fact that a party or its attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation and/or drafting this Agreement. 20.1. Attorneys' Fees. If either party commences litigation for the judicial interpretation, reformation, enforcement or rescission of this Agreement or by reason of an alleged breach of this Agreement or in connection with joint use of the easements, the prevailing party will be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought and in whose name final judgment is entered. SIGNATURE PAGE TO JOINT USE AND GRANT OF EASEMENT AGREEMENT BY AND BETWEEN THE CITY OF CHULA VISTA AND THE OTAY WATER DISTRICT IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first set forth herein. CITY OF CHULA VISTA OTAY WATER DISTRICT Shirley Horton Robert Griego Mayor General Manager Attest: Susan Bigelow, City Clerk Approved as to form: Approved as to form: John M. Kaheny Thomas J. Harron Attorney, City of chula Vista Attorney, Otay Water District H:\HOMEIENGADMIN/WORDJPL~J0in[ use Easme~t Agrmnt w-CV 02-002 doc 17 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH OTA¥ WATER DISTRICT TO LOCATE RECLAIMED WATER FACILITIES WITHIN THE PROPOSED EASTLAKE GREENS "SPORTS PARK" WHEREAS, the City and Otay Water District (OWD) entered into an agreement for the provision o~ water service in a portion of the City and for the joint use of facilities; and WHEREAS, a siting study was conducted which identified the Eastlake neighborhood park as an acceptable site for locating a recycled water storage reservoir and associated ~acilities; and WHEREAS, OWD proposed to locate an underground concrete reclaimed water reservoir, an on-grade pump station and accompanying access easements at the ~uture EastLake Greens ~Sports Park" for which improvement plans are currently under review; and WHEREAS, the Parks and Recreation Commission, at its regular meeting on May 20, 1999, voted unanimously (4-0) to approve locating a below-grade reclaimed water reservoir in the proposed "Sports Park". NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve an Agreement with Otay Water District to locate Reclaimed Water Facilities within the proposed EastLake Greens "Sports Park", 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 on behalf of the City of Chula Vista. Presented by Approved as to form by Director of Public Works ~ty A~torneyU/ [H:\H OME~,TTORN EYIRESO\ Spods Park Agreemen~ (August 16, 2000 (11: 8am)l