HomeMy WebLinkAboutAgenda Packet 2000/10/10 CITY COUNCIL AGENDA
October 10, 2000 ~r 6:00 p.m.
Council Chambers
Public Services Building
276 Fourth Avenue, Chula Vista
CITY 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
1
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OCTOBER 10, 2000
CALL TO ORDER
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ROLL CALL: Councilmembers Davis, Moot, Padilla, Salas, and Mayor Horton.
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
CONSENT CALENDAR
(Items 1 through 12)
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 Jill 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 Jirst items of business.
1. APPROVAL OF MINUTES - September 26, 2000
Staff recommendation: Council approve the minutes.
2. WRITTEN COMMUNICATIONS
A. Letter from residents on Vista Nacion requesting assistance in solving a problem
with pine trees on Horizon View Drive.
Staff recommendation: The letter be referred to the City Attorney.
3. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE TRANSPORTATION DEVELOPMENT IMPACT FEE
ORDINANCE, MUNICIPAL CODE SECTION 3.54.040.C.4, TO PERMIT THE
COMBINING OF CONSTRUCTION OF A TRANSPORTATION FACILITY
PROJECT WITH OTHER DEVELOPMENT-RELATED WORK AND AWARDING
ONE CONTRACT FOR THE COMBINED WORK BASED ON A CLEARLY
IDENTIFIED PROCESS FOR DETERMINING THE LOW BIDDER (2ND READING
AND ADOPTION)
Some of the local developers have requested that they be permitted to combine the work
of a Transportation Development Impact Fee (TDIF) project with related subdivision
work in order to obtain the best prices on contract work that is interrelated. Currently, the
TDIF ordinance does not permit the combining of work where the contract for the TDIF
work may not be awarded to the lowest bidder. In order to allow that objective, an
amendment to the TDIF ordinance is required. This ordinance had its first reading on
September 26,2000. (Director of Public Works)
Staff recommendation: Council place the ordinance on second reading for adoption.
4. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING SECTION 18.28 OF THE CHULA VISTA MUNICIPAL CODE
REGARDING DEPOSITS FOR PUBLIC STREET TREES IN SUBDIVISIONS IN
WHICH THE COMPLETION OF FULL PARKWAY (2NL~ANDSCAPE
IMPROVEMENTS IS GUARANTEED BY SUFFICIENT SURETY READING
AND ADOPTION)
Section 18.28.010 of the Chula Vista Municipal Code requires a subdivider to deposit a
fee for each lot on which a street tree has not been installed at the time of acceptance of
public improvements. Staffhas determined that the deposit of said fee is duplicative, and
it is not required in subdivisions in which the full parkway landscape improvements have
not been completed but have been guaranteed by sufficient surety. The proposed
ordinance amendment would allow the acceptance of public improvements prior to the
completion of full parkway landscape improvements that have been guaranteed by surety,
without the deposit of a fee for each lot on which a public street tree has not been
installed. (Director of Public Works)
Staff recommendation: Council place the ordinance on second reading for adoption.
5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING REQUEST FROM THE CHULA VISTA HIGH SCHOOL BAND AND
PAGEANTRY CORPS AND THE SCHOOL OF CREATIVE PERFORMING ARTS
TO CONDUCT THE 4TH ANNUAL BAND REVIEW AND AUTHORIZING
TEMPORARY STREET CLOSURES AND WAIVING CITY FEES FOR POLICE
SERVICES
The Chula Vista High School Band and Pageantry Corps, in conjunction with the Chula
Vista High School of Creative Performing Arts, is requesting permission to conduct an
organized annual band review on November 11, 2000. (Chief of Police, Risk Manager,
Director of Public Works)
Staff recommendation: Council adopt the resolution.
6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FISCAL YEAR 2000/2001 BUDGET BY APPROPRIATING
$26,785 TO ADMINISTRATION FOR RECYCLING AND CONSERVATION
EDUCATION PROGRAMS BASED ON UNANTICIPATED REVENUES (4/5THS
VOTE REQUIRED)
The Beverage Container Recycling and Litter Reduction Act mandates that the
Department of Conservation, Division of Recycling (DOC) use a portion of the funds
($10.5 million state-wide) to provide annual "grant" payments to local governments for
litter reduction and collection programs that encourage recycling. The DOC informed the
City on about June l, 2000 that its share of this year's per capita allotment would be
$48,785. The Conservation program anticipated $22,000 of that amount in its 2000/2001
annual budget (the City received approximately $14,000 in 1999/2000), and $26,785
represents unanticipated revenues. (Special Operations Manager)
Staff recommendation: Council adopt the resolution.
10/10/2000
Page 2 - Council Agenda
7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AWARDING A PURCHASE AGREEMENT 1N THE AMOUNT OF $504,321.72 FOR
FOURTEEN REPLACEMENT AND SIX ADDITIONAL POLICE SEDANS
(TWENTY 1N TOTAL) THROUGH COOPERATIVE BID WITH THE STATE OF
CALIFORNIA (CONTRACT #1-00-23-14)
The Fiscal Year 2000/2001 equipment maintenance budget provides for the replacement
of fourteen police sedans. The Police Department budget provides for the purchase of six
additional sedans. Chula Vista Municipal Code Section 22.56.140 and Council
Resolution No. 6132 authorize the Purchasing Agent to participate in cooperative bids
with other government agencies for the purchase of materials of common usage. The
City, therefore, is participating in a current State of California bid from Downtown Ford.
(Director of Public Works)
Staff recommendation: Council adopt the resolution.
8 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
INITIATING PROCEEDINGS FOR THE ANNUAL LEVY OF ASSESSMENTS AND
ORDERING THE pREPARATION OF AN ASSESSMENT ENGINEER'S REPORT
FOR A PORTION OF EASTLAKE MAINTENANCE DISTRICT NO. 1, ZONE B
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
pRELIMINARILY APPROVING THE ASSESSMENT ENGINEER'S REPORT FOR
PROCEEDINGS FOR THE ANNUAL LEVY OF ASSESSMENTS FOR A PORTION
OF EASTLAKE MAINTENANCE DISTRICT NO. 1, ZONE B
C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DECLARING ITS INTENTION TO PROV1DE FOR AN ANNUAL LEVY AND
COLLECTION OF ASSESSMENTS 1N EASTLAKE MAINTENANCE DISTRICT
NO. 1, ZONE B, SETTING THE TIME AND PLACE FOR PUBLIC HEARINGS
THEREON AND INITIATING ASSESSMENT BALLOT PROCEDURES
EastLake Greens Unit 26 is located within EastLake Maintenance District No. 1, Zone B.
However, this property has not been previously assessed to finance the costs associated
with the district because a final map had not yet been approved for Unit 26. A final map
for this project was approved on June 20, 2000; therefore, it is now appropriate that the
assessment for Unit 26 be levied. (Director of Public Works)
Staff recommendation: Council adopt the resolutions.
9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING BIDS, REJECTING LOW BID DUE TO DISPARITIES IN BID
PROPOSAL, WAIVING INCONSEQUENTIAL BID DEVIATION, AND AWARDING
CONTRACT FOR THE PALOMAR STREET SIDEWALK IMPROVEMENTS
BETWEEN FOURTH AVENUE AND FIFTH AVENUE (STL-241) TO THE SECOND
LOW BIDDER, HEFFLER COMPANY, INC., IN THE AMOUNT OF $69,977.20
Page 3 - Council Agenda 10/10/2000
At 2:00 p.m. on September 13, 2000, the Director of Public Works received sealed bids
for the Palomar Street sidewalk improvements between Fourth Avenue and Fifth Avenue
(STL-241). This project provides for the construction of new sidewalk facilities and some
pavement rehabilitation in front of the sidewalk on Palomar Street between Fourth
Avenue and Fifth Avenue. The work also includes all labor, material, equipment,
transportation and traffic control necessary for the project. (Director of Public Works)
Staffrecommendations: Council adopt the resolution.
10. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ESTABLISHING A 45 MPH SPEED LIMIT ON PROCTOR VALLEY ROAD
BETWEEN MOUNT MIGUEL ROAD AND HUNTE PARKWAY, ESTABLISHING A
45 MPH SPEED LIMIT ON HUNTE PARKWAY BETWEEN PROCTOR VALLEY
ROAD AND OTAY LAKES ROAD, ESTABLISHING A 25 MPH SPEED LIMIT ON
MACKENZIE CREEK ROAD BETWEEN MOUNT MIGUEL ROAD AND LANE
AVENUE, AND ADDING THESE ROADWAY SEGMENTS TO SCHEDULE X OF A
REGISTER MAINTAINED BY THE OFFICE OF THE CITY ENGINEER
Based on the provisions of Chapter 7, Article 1 of the California Vehicle Code, and
pursuant to authority under Chula Vista Municipal Code Section 10.48.020, the City
Engineer has determined that in the interest of minimizing traffic hazards and traffic
congestion, and for the promotion of public safety, the speed limit on Proctor Valley
Road between Mount Miguel Road and Hunte parkway be established at 45 MPH, the
speed limit on Hunte Parkway between Proctor Valley Road and Otay Lakes Road be
established at 45 MPH, and the speed limit on Mackenzie Creek Road between Mount
Miguel Road and Lane Avenue be established at 25 MPH. These speed limits will be
added to Schedule X of the register maintained in the office of the City Engineer.
(Director of Public Works)
Staff recommendation: Council place the ordinance on first reading.
11. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A PARCEL MAP FOR TENTATIVE PARCEL MAP NO. 00-09,
ACKNOWLEDGING ON BEHALF OF THE CITY OF CHULA VISTA THE
IRREVOCABLE OFFER OF DEDICATION OF FEE INTEREST FOR OPEN SPACE
AND OTHER PUBLIC PURPOSES AS SHOWN ON SAID MAP WITHIN SAID
SUBDIVISION, AND VACATING AN IRREVOCABLE OFFER OF DEDICATION
OF FEE INTEREST TO THE CITY OF CHULA VISTA OVER LOT "C" OF MAP NO.
13706
The proposed parcel map will adjust the property line between two existing parcels in the
McMillin Otay Ranch project, with no new lots being created. Final planning and design
efforts for the proposed subdivision require minor adjustments to residential Lot 42 and
open space Lot C of Map No. 13706. By approving the proposed map, Council will
vacate the Irrevocable Offer of Dedication (IOD) for the open space lot within the
proposed map and replace it with an IOD consistent with the new lot configuration.
(Director of Public Works)
Staff recommendation: Council adopt the resolution.
Page 4 - Council Agenda 10/10/2000
12 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROViNG THE F1NAL MAPS AND SUBDIVISION IMPROVEMENT
AGREEMENTS FOR CHULA VISTA TRACT 90-07, SUNBOW II, PHASE 2A,
UNITS 8, 9, 10 AND 12 AND PHASE 2B, UNITS 7 AND 11, ACCEPTING ON
BEHALF OF THE CITY OF CHULA VISTA THE GENERAL UTILITY AND
ACCESS EASEMENTS, PUBLIC DRAINAGE EASEMENTS, PUBLIC SEWER
EASEMENTS, TREE PLANTING AND MAINTENANCE EASEMENTS,
LANDSCAPE BUFFER EASEMENTS GRANTED ON SAID MAPS WITHIN SAID
SUBDIVISION, ACCEPTING ON BEHALF OF THE PUBLIC ALL STREETS
GRANTED ON SAID MAPS WITHIN SAID SUBDIVISIONS, ACKNOWLEDGING
ON BEHALF OF THE PUBLIC THE IRREVOCABLE OFFER OF DEDICATION OF
FEE INTEREST OF DESIGNATED LAND FOR OPEN SPACE AND OTHER
PUBLIC pURPOSES, APPROVING SUBDIVISION IMPROVEMENT
AGREEMENTS FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY
SAID SUBDiVISIONS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENTS
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROViNG SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
FOR CHULA VISTA TRACT 90-07, SUNBOW II, PHASE 2A, UNITS 8, 9, 10 AND
12 AND PHASE 2B, UNITS 7 AND 11, REQUIRING DEVELOPER TO COMPLY
WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTIONS NUMBERED
15640 AND 17177, AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
On May 22, 1990, by Resolution No. 15640, Council conditionally approved the
Tentative Subdivision Map for Chula Vista Tract 90-07, Sunbow II. On that tentative
map, unit boundaries were delineated. On July 20, 1993, by Resolution No. 17177,
Council affirmed a Planning Commission resolution to approve a one-year tentative
subdivision map extension. Adoption of the resolutions will approve the final map,
subdivision improvement agreement, and supplemental subdivision improvement
agreement for Phase 2A, Units 8, 9, 10 and 12, and Phase 2B, Units 7 and 11. (Director
of Public Works)
Staff recommendation: Council adopt the resolutions.
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 talcing action on any
issue not included on the agenda, but, if appropriate, the Council may schedule
the topic for future discussion or refer the matter to staff Comments are limited
to three minutes.
Page 5 Council Agenda 10/10/2000
ACTION ITEMS
The items listed in this section of the agenda are expected to elicit substantial
discussion and deliberation by the Council, staff, or members of the public. The
items will be considered individually by the Council, and staff recommendations
may, in certain cases, be presented in the alternative. If you wish to speak on any
item, please .Jill out a "Request to Speak" form (available in the lobby) and
submit it to the City Clerk prior to the meeting.
13. CONSIDERATION OF ADOPTION OF A RESOLUTION APPROViNG THE
SEVENTH AMENDMENT TO SMITH AND KEMPTON CONTRACT, WAIViNG
THE CONSULTANT SELECTION PROCESS AS IMPRACTICAL, AND
APPROPRIATiNG FUNDS THEREFOR (4/5THS VOTE REQUIRED)
On August 8, 1995, Council approved an agreement with Smith & Kempton to provide
program management services on the 1-805 interchange projects and to provide
continuing advocacy services related to the TransDlF program and SR-125. A significant
amount of progress has been made toward completing the tasks contained in that
agreement. The tasks for program management of 1-805 interchanges were indicated in
the agreement as ongoing. A 12-month extension of the current contract was approved
on July 25, 2000. The current contract will expire on August 1, 2001. That contract
included a continuation of task work relative to SR-125 toll road agreements and
assistance to California Transportation Ventures. On August 22, 2000, Council approved
a resolution directing the City Manager to conduct further analysis regarding the purchase
of the SR-125 toll road franchise. With the advent of this new work, and a new role for
Smith & Kempton in terms of representing the City during this review, Task 3 of the
current contract must be amended to incorporate a scope of work consistent with
Council's recommendations. (Director of Public Works)
Staffrecommendation: Council adopt the following resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROViNG THE SEVENTH AMENDMENT TO SMITH AND KEMPTON
CONTRACT, WAIViNG THE CONSULTANT SELECTION PROCESS AS
IMPRACTICAL, AND APPROPRIATiNG FUNDS THEREFOR
14. CONSDERATION OF ADOPTION OF AN ORDINANCE AMENDING
ORDINANCE NO. 2579 RELATING TO AN INTERIM PRE-SR125 DEVELOPMENT
IMPACT FEE TO PAY FOR TRANSPORTATION FACILITIES iN THE CITY'S
EASTERN AREA AND COSTS ASSOCIATED WITH ADVANCING THE
CONSTRUCTION OF SR-125 (Continued from October 3, 2000)
Chun Vista created an Interim Pre-SR125 Development Impact Fee in November 1993
to provide a funding source to construct an interim roadway facility should SR-125 be
delayed significantly. This was necessary in order to provide traffic capacity for future
growth. (Director of Public Works)
Staff recommendation: Council place the following ordinance on first reading:
10/10/2000
Page 6 Council Agenda
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING ORDINANCE NO. 2579 RELATING TO AN INTERIM PRE-
SR-125 DEVELOPMENT IMPACT FEE TO PAY FOR TRANSPORTATION
FACILITIES IN THE CITY'S EASTERN AREA AND TO PAY FOR COSTS
ASSOCIATED WITH ADVANCING THE CONSTRUCTION OF SR-125
15. CONSIDERATION OF ADOPTION OF RESOLUTIONS A) RATIFYING THE
REJECTION AND RE-BID OF CERTAIN BIDS FOR THE RENOVATION AND
EXPANSION WORK ASSOCIATED WITH THE CONSTRUCTION OF THE PUBLIC
WORKS OPERATIONS FACILITY AND CORPORATION YARD AND B)
REJECTING NON-RESPONSIVE BIDS AND AWARDING CONTRACTS FOR THIS
PROJECT
On August 15, 2000, Council approved Resolution No. 2000-297, appropriating
$23,951,213 in additional project funds and approximately $13,400,000 for borrowing
costs on the new Corporation Yard project. On September 26, 2000, Council passed
Resolution Numbers 2000-333 and 2000-334 approving the rejection, re-bid and award
associated with the first set of bids for the Corporation Yard project. Approval of the
first resolution will ratify the rejection and re-bid of all the bids listed on Exhibit "B" of
the agenda statement, on file in the Office of the City Clerk. Approval of the second
resolution will reject those bids determined to be non-responsive and accept the lowest
responsive bids and award all the contracts as designated for award on Exhibit "A" of the
agenda statement, covering some of the trade work associated with the construction of the
Corporation Yard project. It is staWs intent to come back before Council on October 17th
with a resolution accepting and awarding all the remaining bids. (Director of Public
Works)
Staffrecommendation: Council adopt the following resolutions:
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA RATIFYING THE REJECTION AND RE-BID OF ALL THE
BIDS LISTED ON EXHIBIT "B" OF THE AGENDA STATEMENT
FOR THE RENOVATION AND EXPANSION WORK ASSOCIATED
WITH THE CONSTRUCTION OF THE PUBLIC WORKS
OPERATIONS FACILITY AND CORPORATION YARD
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA REJECTING NON-RESPONSIVE BIDS, ACCEPTING THE
LOWEST RESPONSIVE BIDS, AND AWARDING CONTRACTS AS
INDICATED ON EXHIBIT "A" OF THE AGENDA STATEMENT FOR
THE RENOVATION AND EXPANSION WORK ASSOCIATED WITH
THE FUTURE PUBLIC WORKS OPERATIONS FACILITY AND
CORPORATION YARD, AUTHORIZING THE EXPENDITURE OF
FUNDS, AND AUTHORIZING THE CITY MANAGER TO EXECUTE
SAID CONTRACTS
10/10/2000
Page 7 - Council Agenda
ITEMS PULLED FROM THE CONSENT CALENDAR
OTHER BUSINESS
16. CITY MANAGER'S REPORTS
A. Scheduling of meetings.
17. MAYOR'S REPORTS
A. Ratification of appointment to the Board of Ethics - Francisco Gonzalez.
18. COUNCIL COMMENTS
CLOSED SESSION
19. CONFERENCE WITH LABOR NEGOTIATOR - PURSUANT TO GOVERNMENT
CODE SECTION 54957.6
City Negotiator: City Manager
Employee organizations: Chula Vista Employees Association
20. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A)
Sanchez - Serrano v. City of Chula Vista (case no.GIC 743890)
ADJOURNMENT to an Adjourned Regular Meeting on October 12, 2000, at 4:00 p.m. in the
Council Conference Room, and thence to an Adjourned Regular Meeting on October 16, 2000 at
6:30 p.m. in the Council Conference Room, and thence to a Joint Meeting of the City Council
and Planning Commission on October 17, 2000, at 6:00 p.m. in the Council Chambers.
10/10/2000
Page 8 - Council Agenda
NOTICE OF ADJOURNMENT
Notice is hereby given that at its Regular Meeting of October 10, 2000, the City
Council adjourned said meeting to an Adjourned Regular Meeting to be held on
Thursday, October 12, 2000, at 4:00 p.m. for the purpose of discussing the
Eastern Urban Center; and thence to an Adjourned Regular Meeting to be held
on Monday, October 16, 2000, at 6:30 p.m. for the purpose of holding a
workshop regarding the police facility location. Both meetings will be held in the
Council Conference Room, located in City Hall, 276 Fourth Avenue.
Dated: October 11, 2000
~tU..~.J LlJ.----'
Susan Bigelow, CMC/AAE, City Clerk
MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
SEPTEMBER 26, 2000
6:00 p.m.
A Regular Meeting of the City Council of the City of 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.
ROLL CALL
PRESENT: Councilmembers Davis, Moot, Salas, and Mayor Horton
ABSENT: Councilmembers Padilla
ALSO PRESENT: City Manager Rowlands, City Attorney Kaheny, City Clerk Bigelow
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. OATH OF OFFICE: RESOURCE CONSERVATION COMMISSION - PAMELA
BENSOUSSAN
City Clerk Bigelow administered the Oath of Office to Pamela Bensoussan, and Deputy Mayor
Moot presented Ms. Bensoussan with a certificate of appointment.
. PRESENTATION BY FIREFIGHTER GARY BRETON ON THE SEQUOIA
NATIONAL FOREST FIRE
Fire Chief Hardiman recognized the Fire Department's strike team, consisting of Captain Keith
Rieber, Firefighters Gary Breton and Richard Eagan, and Engineer Robert Halcon, who assisted
with the recent Sequoia wildfires. Firefighter Breton displayed photographs and explained some
of the unique assignments of the team in combating the wildland fires.
CONSENT CALENDAR
(Items 1 through 9)
1. APPROVAL OF MINUTES - July 11, 2000 through September 16, 2000.
Staffrecommendation: The minutes be approved.
2. 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 September 12, 2000, there were
no actions taken which are required under the Brown Act to be reported.
Staff recommendation: The letter be received and filed.
CONSENT CALENDAR (Continued)
B. Letter of resignation from John T. Cochran, member of the Parks and Recreation
Commission.
Staff recommendation: The resignation be accepted with regret and the City
Clerk be directed to post immediately according to Maddy Act regulations.
C. Letter from Hailey McKinney, Chula Vista High School Band Council President,
requesting a waiver of fees associated with police assistance, including
organization, security and traffic control along the route of their annual band
review on November II, 2000. Last year, the band review took place on Fourth
A venue between "I" and "K" Streets. Another possibility being considered this
year is on Broadway between "I" and "K" Streets.
Staff recommendation: Staff return with a report and resolution for Council
action in the next few weeks, prior to the event.
3. ORDINANCE NO. 2822, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA AMENDING SECTIONS 19.14.581, 19.14.582, 19.14.583,
19.14.584, AND 19.14.587 OF THE MUNICIPAL CODE, AND ADDING SECTION
19.14.591 TO THE MUNICIPAL CODE REGARDING DESIGN REVIEW
COMMITTEE MEMBERSHIP, SCOPE OF RESPONSIBILITIES, AND
PROCEDURES (2ND READING AND ADOPTION)
On June 13, 2000, Council directed staffto process amendments to the Zoning Ordinance
addressing the design review process. The requested Code amendments and modified
zoning language, addressing Design Review Committee membership, scope of
responsibilities and procedures, were presented for review. All proposed amendments
were written to carry out the Council's intent of further improving the design review
process. The proposed ordinance had its first reading on September 12, 2000. (Director
of Planning and Building)
Staff recommendation: Council place the ordinance on second reading for adoption.
4. ORDINANCE NO. 2823, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA AMENDING THE TRANSPORTATION DEVELOPMENT
IMPACT FEE ORDINANCE, MUNICIPAL CODE SECTION 3.54.040.C.4, TO
PERMIT THE COMBINING OF CONSTRUCTION OF A TRANSPORTATION
FACILITY PROJECT WITH OTHER DEVELOPMENT RELATED WORK AND
AWARD OF ONE CONTRACT FOR THE COMBINED WORK BASED ON A
CLEARLY IDENTIFIED PROCESS FOR DETERMINING THE LOW BIDDER
Some of the local developers requested that they be permitted to combine the work of a
Transportation Development Impact Fee (TDIF) project with related subdivision work in
order to obtain the best prices on contract work that is interrelated. Currently, the TDIF
ordinance does not permit the combining of work where the contract for the TDIF work
may not be awarded to the lowest bidder. In order to allow that objective, an amendment
to the TDIF ordinance is required. (Director of Public Works)
Staff recommendation: Council place the ordinance on first reading.
Page 2 - Council Minutes
09/26/2000
CONSENT CALENDAR (Continued)
5. RESOLUTION NO. 2000-326, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA RATIFYING THE CHANGE ORDER FOR THE OTAY
RECREATION CENTER (PR-133) PROJECT AND AUTHORIZING THE CITY
MANAGER AND THE DIRECTOR OF PUBLIC WORKS TO EXECUTE SAID
CHANGE ORDER ON BEHALF OF THE CITY
On December 15, 1998, Council awarded the contract for the Otay Recreation Center
project (PR-133) to C & S Doctor, Inc., San Diego. During the construction of the
Center, the City Manager and the Director of Public Works approved a total cost of
$137,140 in change orders for the completion of the project. City Staff initiated the
largest portions of the change orders in order to upgrade some of the materials. (Director
of Public Works)
Staff recommendation: Council adopt the resolution.
6. RESOLUTION NO. 2000-327, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING AND RATIFYING A REVISION TO THE
LEVY OF THE SPECIAL TAX FOR FISCAL YEAR 2000/2001 FOR COMMUNITY
FACILITIES DISTRICT 99-1 (OTAY RANCH SPA ONE - PORTIONS OF VILLAGE
ONE, VILLAGE FIVE AND VILLAGE ONE WEST)
On August 1, 2000, Council approved Resolution No. 2000-265, which authorized the
levy of special taxes for Community Facilities District (CFD) Nos. 97-1, 97-2, 97-3, 98-
1, 98-3 and 99-1 for Fiscal Year 200012001. An emergency revision to the special tax
levy for CFD 99-1 was required during the week of August 7'h Due to the County's
deadlines for filing the levy for the Fiscal Year 2000/2001 tax roll, the revised special tax
levy for CFD 99-1 needed to be submitted to the County prior to a subsequent Council
meeting. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
7. RESOLUTION NO. 2000-328, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR
THE PAVEMENT REHABILITATION PROGRAM/SLURRY SEAL-PROJECT (STL-
252) FOR FISCAL YEAR 1999/2000
On August 23,2000, the Director of Public Works received sealed bids for the pavement
rehabilitation program/slurry seal project (STL-252). The work to be done consists of the
application of rubberized emulsion aggregate slurry, crack sealing, and other
miscellaneous work on various City streets. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
Page 3 - Council Minutes
09/26/2000
CONSENT CALENDAR (Continued)
8. RESOLUTION NO. 2000-329, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR
THE TELEGRAPH CANYON CREEK MITIGATION PLAN PROJECT (DR-118B) IN
THE OT A Y RIVER IN SAN DIEGO, CALIFORNIA
On July 26, 2000, the Director of Public Works received sealed bids for the Telegraph
Canyon Creek mitigation plan project (DR-118B). The work to be done involves
removing soil from the remediation area and either removing it from the site or disposing
of it in the approved on-site disposal area. The remediation area will be replanted and
maintained. The work generally includes clearing and grubbing, excavation, planting,
hydro-seeding, willow and mulefat cuttings in the Otay River in San Diego. (Director of
Public Works)
Staffrecommendation: Council adopt the resolution.
9 A. RESOLUTION NO. 2000-330, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A THREE-PARTY AGREEMENT
BETWEEN THE CITY OF CHULA VISTA; BURKETT & WONG, CONSULTANT;
AND MCMILLIN OTA Y RANCH, LLC FOR LAND USE CONSULTING SERVICES
RELATED TO THE PREPARATION OF A PUBLIC FACILITIES FINANCE PLAN
FOR THE OTAY RANCH VILLAGE SIX, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
B. RESOLUTION NO. 2000-331, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A THREE-PARTY AGREEMENT
BETWEEN THE CITY OF CHULA VISTA; BURKETT & WONG, CONSULTANT;
AND BROOKFIELD SHEA OTAY, LLC FOR LAND USE CONSULTING
SERVICES RELATED TO THE PREPARATION OF A PUBLIC FACILITIES
FINANCE PLAN FOR THE OTAY RANCH VILLAGE 11, AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT.
McMillin Companies has submitted a Sectional Planning Area (SPA) Plan for Village Six
of the Otay Ranch for review and approval. In addition, Brookfield Shea Otay, the new
owners of Village Eleven, have also submitted a SPA Plan for this village. The Otay
Ranch General Development Plan and the City's growth management ordinance require
the preparation of a Public Facilities Finance Plan (PFFP) with each SPA in order to
evaluate the project under the City's growth management threshold standards. After a
competitive bidding process, the selection committee recommends that the firm of
Burkett and Wong be retained to prepare the PFFP for Villages Six and Eleven. (Director
of Planning and Building)
Staff recommendation: Council adopt the resolutions.
ACTION:
Mayor Horton moved to approve staff recommendations and offered the Consent
Calendar, headings read, texts waived. The motion carried 4-0.
Page 4 - Council Minutes
09/26/2000
ORAL COMMUNICATIONS
Petra Barajas, 266-A Church Avenue, requested the resignation of Councilmember Davis with
reference to a Star News article on marijuana plants and a Union Tribune article on card rooms;
objected to the use of City land for a County library; and submitted a claim for alleged damages
resulting from actions taken at the September lth Council meeting.
Bob Green, P.O. Box 819, Chula Vista, admonished the Mayor for using her title on arguments
in favor of Propositions AA and BB on the November 2000 ballot. He stated that the Mayor,
along with the Mayors of National City, Imperial Beach and Coronado, colluded by signing the
ballot arguments in the same place and in the same way. He asked Council to clear up the false
illusion of Council support of the measures. Mayor Horton expressed regret that Mr. Green had
been misinformed.
George Gerber, 575-D Portsmouth Drive, expressed concern regarding the Olympic Parkway
widening project and its effects on the residents in the area. Mayor Horton responded that his
concerns would be reviewed by staff and addressed during the project wherever possible.
John Orrell, 684 Rainbow Drive, stated his concern regarding boom boxes and boom cars and
their effects on hospitals, senior complexes and residents in the area. He recommended an
up~ate of the Municipal Code to address the issue. Mayor Horton referred the matter to staff for
review.
Lou Duarte, 1713 Sunnycrest Lane, requested Council's consideration of establishing a
paramedic engine company in the City due to the slow response time for paramedic assistance to
a neighbor who recently suffered a heart attack.
Joan Roseman, 66 Montebello Street, voiced opposition to using Friendship Park as a proposed
site for the new police facility and asked Council to seek an alternate location.
Will Hyde, 803 Vista Way, opposed the idea of developing Friendship Park as a police facility
and hoped that the local public would have an opportunity to provide input on the proposed plan.
Mayor Horton responded that the public will be given the opportunity to speak. City Manager
Rowlands added that during the next two months, staff would be going into the community to
obtain feedback.
PUBLIC HEARINGS
10. CONSIDERATION OF THE ENACTMENT OF AN ORDINANCE REGARDING
DEPOSITS FOR PUBLIC STREET TREES IN SUBDIVISIONS IN WHICH THE
COMPLETION OF FULL PARKWAY LANDSCAPE IMPROVEMENTS IS
GUARANTEED BY SUFFICIENT SURETY
Section 18.28.010 of the Chula Vista Municipal Code requires a subdivider to deposit a
fee for each lot on which a street tree has not been installed at the time of acceptance of
public improvements. Staff has determined that the deposit of said fee is duplicative, and
it is not required in subdivisions in which the full parkway landscape improvements have
not been completed but have been guaranteed by sufficient surety. The proposed
ordinance amendment would allow the acceptance of public improvements prior to the
completion offull parkway landscape improvements that have been guaranteed by surety,
without the deposit of a fee for each lot on which a public street tree has not been
installed. (Director of Public Works)
Page 5 - Council Minutes
09/26/2000
PUBLIC HEARINGS (Continued)
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.
Mayor Horton opened the public hearing. There being no members of the public wishing to
speak, she closed the hearing.
ACTION:
Councilmember Davis moved to introduce Ordinance No. 2824, heading read,
text waived:
ORDINANCE NO. 2824, AN ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING CHAPTER 18.28 OF THE CHULA VISTA MUNICIPAL CODE
REGARDING DEPOSITS FOR PUBLIC STREET TREES IN SUBDIVISIONS
IN WHICH THE COMPLETION OF FULL PARKWAY LANDSCAPE
IMPROVEMENTS IS GUARANTEED BY SUFFICIENT SURETY
The motion carried 4-0.
II. CONSIDERATION OF MODIFYING THE CITY GAMING PLAN PURSUANT TO
CHAPTER 5.20 OF THE MUNICIPAL CODE TO REDUCE THE NUMBER OF
CARDROOM LICENSES AND ALLOW FOR CHANGES TO HOURS OF
OPERATION, TYPES OF GAMES PLAYED, BET LIMITS, SERVICE OF
ALCOHOL, LICENSE FEES, EMPLOYEE SCREENING AND IDENTIFICATION,
PATRON SAFETY AND SECURITY, AND CRIME REPORTING REQUIREMENTS
Over the past decade, Council has reviewed the gaming issues in our community on five
occasions. On February 20, 1996, Council approved a gaming plan that made changes to
the City's previous gaming ordinance. The 1996 modifications allowed for local control
of this issue as allowed by state legislation. The gaming plan established rules regarding
cardroom operations, such as fee structure, hours of operation, and types of games
allowed, and quantified the types of licenses allowed. In January 1998, a request was
made of the Council for additional changes to the gaming plan, primarily concerning the
consolidation of all four existing licenses into one 24-hour cardroom operation and an
enhancement of the security element. Council reviewed and subsequently denied the
request but did add the security element as proposed. The changes outlined in the gaming
plan allow City staff to more effectively inspect and regulate the cardroom operation.
(City Manager, City Attorney, Chief of Police)
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.
Police Chief Emerson summarized the proposed modifications to the gaming plan, which
included a decrease in the number of licenses in the City, increased hours of operation, changes
to allowable types of games and bet limits; and regulations concerning employee identification,
patron safety and security, and the service of alcohol.
Page 6 - Council Minutes
09/26/2000
PUBLIC HEARINGS (Continued)
Assistant City Attorney Googins clarified a statement in a Union Tribune article of September
26, 2000, which suggested that the proposed changes would allow an increase in the number of
tables from eight to twelve. He affirmed that the current operator already has a consolidated
license to operate twelve tables.
Mayor Horton opened the public hearing and asked if anyone from the audience wished to speak.
Barbara McAllister, 857 Crest Drive, opposed any increased gaming in Chula Vista, stating that
it would create an increase in crime.
Mark Jones, 52 G Street, a licensed Class 3 Gaming Manager, made reference to AB317, which
will require voters to decide on gaming expansion proposals and suggested that the City allow
the voters to decide what to do with the two licenses held by the Bay Club, since the proposed
license buyback would essentially monopolize gaming in Chula Vista. He also commented on
the need for adequate supervision of the games.
Rod Davis, 233 Fourth Avenue, was in favor of the applicant's request to increase hours of
business by four hours a day and stated that the present crime near the site occurs during the
four-hour period when the card room is closed and there is no security. He explained that the
applicant needs the ability to compete with other cardrooms in neighboring areas and urged
Council to approve the modifications.
Peter Watry, 81 Second Avenue, quoted excerpts from an article by District Attorney Pfingst
concerning card room expansions and their detrimental effects regarding money laundering, law
enforcement, and the influence oflarge scale gambling on elected officials. Mr. Watry asked the
Council not to approve the proposed modifications.
Maria Viesca, no address given, explained that children should be exposed to the realities that
exist in the community in order to teach them right from wrong, and was in favor of the gaming
plan modifications.
With no further members of the public wishing to speak, Mayor Horton closed the public
hearing.
Councilmember Salas spoke in opposition to gambling in general and stated that the purchase of
the two licenses by Mr. Sousa would facilitate a monopoly and provide no competition. She also
commented that the proposed increase in the hours of operation would change the complexion of
the operation and clientele. She stated that she would not be voting in favor of the gaming plan.
Councilmember Davis supported the proposed changes, stating that the business is a "Mom and
Pop" rather than a corporate operation, and the purchase of the two licenses would reduce
gaming in Chula Vista.
Deputy Mayor Moot stated that until the State of California imposes restrictions, he would
support reasonable gaming in Chula Vista.
Page 7 - Council Minutes
09/26/2000
PUBLIC HEARINGS (Continued)
Mayor Horton stated that the present offer would eliminate existing licenses, and the policy is
very controlled.
ACTION:
Councilmember Davis offered Resolution No. 2000-332, heading read, text
waived:
RESOLUTION NO. 2000-332, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA MODIFYING THE CHULA VISTA GAMING
PLAN PURSUANT TO CHAPTER 5.20 OF THE MUNICIPAL CODE AND
APPROVING THE TRANSFER, RELINQUISHMENT AND TERMINATION
OF TWO OF THE FOUR EXISTING CARDROOM LICENSES
The motion carried 3-1, with Councilmember Salas opposing.
ACTION ITEMS
12. CONSIDERATION OF ADOPTION OF RESOLUTIONS A) RATIFYING THE
REJECTION AND RE-BID OF CERTAIN BIDS FOR THE RENOVATION AND
EXPANSION WORK ASSOCIATED WITH THE CONSTRUCTION OF THE PUBLIC
WORKS OPERATIONS FACILITY AND CORPORATION YARD; B) REJECTING
NON-RESPONSIVE BIDS AND AWARDING CONTRACTS FOR THIS PROJECT;
AND C) MODIFYING COUNCIL POLICY, GIVING THE CITY MANAGER
APPROVAL AUTHORITY AT HIGHER FINANCIAL LEVELS ON CHANGE
ORDERS
On July 18, 2000, Council approved Resolution 2000-245, approving an agreement with
Highland Partnership, Inc. for the provision of Construction Manager/Constructor
services required for the construction of the Corporation Yard project. On August 15,
2000, Council approved Resolution 2000-297, appropriating $23,951,213 in additional
project funds and approximately $13,400,000 for borrowing costs on the new
Corporation Yard project. Approval of the first resolution ratifies the rejection and re-bid
of all the bids listed on Exhibit "B" of the agenda report . Approval of the second
resolution accepts the bids, awards all the contracts indicated on Exhibit "A" of the
agenda report, and authorizes the expenditure of funds. Approval of the third resolution
gives the City Manager approval authority at higher financial levels on change orders for
this project. (Director of Public Works)
ACTION:
Mayor Horton offered Resolution Numbers 2000-333, 2000-334 and 2000-335,
headings read, texts waived:
A. RESOLUTION NO. 2000-333, RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA RATIFYING THE REJECTION AND
RE-BID OF ALL THE BIDS LISTED ON EXHIBIT "B" OF THE AGENDA
STATEMENT FOR THE RENOVATION AND EXPANSION WORK
ASSOCIATED WITH THE CONSTRUCTION OF THE PUBLIC WORKS
OPERATIONS FACILITY AND CORPORATION YARD
Page 8 - Council Minutes
09/26/2000
ACTION ITEMS (Continued)
B. RESOLUTION NO. 2000-334, RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA REJECTING NON-RESPONSIVE BIDS
AND ACCEPTING THE LOWEST RESPONSIVE BIDS AND
AWARDING CONTRACTS AS INDICATED ON EXHffiIT "A" OF THE
AGENDA STATEMENT, FOR THE RENOVATION AND EXPANSION
WORK ASSOCIATED WITH THE FUTURE PUBLIC WORKS
OPERATIONS FACILITY AND CORPORATION YARD, AUTHORIZING
THE EXPENDITURE OF FUNDS, AND AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID CONTRACTS
C. RESOLUTION NO. 2000-335, RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA MODIFYING COUNCIL POLICY
NUMBER 574-01 TO PROVIDE THE CITY MANAGER WITH
APPROVAL AUTHORITY AT HIGHER FINANCIAL LEVELS ON
CHANGE ORDERS FOR THE CONSTRUCTION OF THE PUBLIC
WORKS OPERATIONS FACILITY AND CORPORATION YARD
The motion carried 4-0.
13. CONSIDERATION OF ADOPTION OF A RESOLUTION AUTHORIZING THE
APPROPRIATION OF $150,000 FROM THE AVAILABLE FUND BALANCE OF
THE GENERAL FUND TO CONTRACTUALLY ENGAGE THE PROFESSIONAL
CONSULTANT SERVICES NECESSARY TO EVALUATE CITY OPTIONS TO
REDUCE REGIONAL ENERGY COSTS AND ENHANCE ENERGY SYSTEM
RELIABILITY (4/5THS VOTE REQUIRED)
On August 22, 2000, the Council/Agency directed staff to investigate options the City
could pursue to assist the community and better position the City to effectively deal with
the volatility and uncertainty of the energy market. The report informs Council of
general information learned to date and establishes a framework within which a range of
strategies will be analyzed over the next few months toward the goal of an overall energy
strategy for addressing both short-term and long-term market and system reliability
concerns. (Director of Community Development)
Assistant Community Development Director Haynes presented the preliminary energy strategy
report identifying ranges of City options and opportunities and stated that staff would return to
Council by the end of December 2000 with recommendations for an overall energy strategy.
Deputy Mayor Moot suggested skipping options one and two; pursuing negotiations with Duke
Energy; adding an option for a fuel-generating plant on the landfill for methane gas recovery;
and having the consultant look at mechanisms whereby residents could participate in a pool to
purchase blocks of energy. He stated that real-time metering information by the consultant
would benefit the City, and the City will also have to better manage current electricity usage and
reduce consumption wherever possible.
Page 9 ~ Council Minutes
09/26/2000
ACTION ITEMS (Continued)
ACTION:
Deputy Mayor Moot offered Resolution No. 2000-336, heading read, text waived:
A. RESOLUTION NO. 2000-336, RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA AUTHORIZING THE
APPROPRIATION OF $150,000 FROM THE AVAILABLE FUND
BALANCE OF THE GENERAL FUND AND CONTRACTUALLY
ENGAGING APPROPRIATE PROFESSIONAL CONSULTANT
SERVICES TO EVALUATE CITY OPTIONS TO REDUCE REGIONAL
ENERGY SYSTEM RELIABILITY
The motion carried 4-0.
At 8:07 p.m., Mayor Horton declared a briefrecess. The meeting reconvened at 8:20 p.m. with
Councilmembers Davis, Moot and Salas and Mayor Horton present.
OTHER BUSINESS
14. CITY MANAGER'S REPORTS
City Manager Rowlands reminded the Council of the workshop scheduled for September 28th
regarding the needle exchange program. It was the consensus of the Council to cancel the
workshop due to a potential lack of a quorum.
15. MAYOR'S REPORTS
A.
Ratification of appointment to the Growth Management Oversight Commission
(Center City) - Michael Spethman.
ACTION:
Mayor Horton moved to ratify the appointment of Michael Spethman to the
Growth Management Oversight Commission. Councilmember Davis seconded
the motion, and it carried 4-0.
Mayor Horton announced the passing of John Rindone and conveyed heartfelt prayers and
thoughts to the family.
16. COUNCIL COMMENTS
A. Councilmember Davis: Report on the Police Officers Seminar held III
Sacramento on September 15, 2000.
Councilmember Davis reported on the police PORAC seminar she attended in Sacramento
regarding PERS 3% at 50 retirement benefits for safety employees in the City's Police and Fire
Departments. She stated that there are currently four cities in San Diego County that have
implemented the benefit and expressed concern regarding the City's ability to recruit and retain
employees without the benefit. She suggested that the Council look at the issue in the future.
Page 10- Council Minutes
09/26/2000
CLOSED SESSION
17. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(C)
. One Case
No action was taken.
18. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO
GOVERNMENT CODE SECTION 54956.8
Property: Approximately seven acres located on Bonita Road adjacent to the
Chula Vista Municipal Golf Course
Negotiating Parties: City of Chula Vista (Chris Salomone/Sid Morris), C.W. Clark and
American Golf
Under Negotiation: Purchase price/lease rate and other terms and conditions for
possible disposition of City-owned property
No action was taken.
ADJOURNMENT
At 9:20 p.m., Mayor Horton adjourned the meeting to the Regular Meeting of October 3, 2000.
Respectfully submitted,
- ?l.v.6.A..I3J"J <:9.
Susan Bigelow, CMC, AAE
~
Page 11 - Council Minutes
09/26/2000
CHUIA VISI'A
October 5, 2000
TO: The Honorable Mayor and City Council
FROM: David D. Rowlands, Jr., City Manager
SUBJECT: Council Meeting of October 10, 2000
This will transmit the agenda and related materials for the regular City Council meeting
of Tuesday, October 20, 2000. Comments regarding the Written Communications are
as follows:
2A. This is a letter from residents on Vista Nacion requesting assistance in solving a
problem with pine trees on Horizon View Drive.
IT IS RECOMMENDED THAT THIS LETTER BE REFERRED TO THE CITY
ATTORNEY.
COUNCIL OFFICES
CHULA VISTA, CA
The Honorable Mayor and members of the City Council
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Dear Mayor and members of the Chula Vista city council:
We, the undersigned, respectfully request your assistance in solving a theft.
Approximately 15 years ago a developer cut 40 feet of the hillside behind Vista Nation
Drive to create Horizon View Drive.
Though the houses were built 40 feet below the original contour of the land, assuring the
residents of Lynwood Hills one of the most beautiful views of the Pacific Ocean, Point
Loma, Coronado and the San Diego skyline, the landscape architect for the developer, for
a totally incomprehensible reason, planted pine trees close to the top of the slope. These
trees now have grown between 30 and 40 feet tall. Due to their size and shape these trees
are entirely blocking our view and depriving us of the enjoyment of our property with
respect to the incomparable view we used to have. It was because of the view the
homeowners on Vista Nacion Drive purchased their property in this location.
Members of our committee have approached several of the current homeowners of the
properties that are depriving us of our view, only to find that not only were they not
sympathetic to our problem, some were actually antagonistic.
We respectfully request the members of the council to assist us in regaining our view.
Not only, due to the developers bad judgement, have we lost our view, we also are losing
an estimated $20,000 to $30,000 per home in property value. In addition the pine forest
creates a distinct and dangerous fire hazard to the home owners on the west side of Vista
Nacion Drive as the pine trees are located substantially closer to those properties than to
the homes on Horizon View Drive 30 to 35 feet down the embankment.
The members of the committee are realistic and fair people and we understand the desire
of the homeowners down the embankment to screen the uphill properties from their view.
It is therefore our desire to solve this major problem amicably and we are prepared to
contribute a reasonable amount of money towards having the pine trees removed and
replaced by more suitable shrubbery.
---.....",..-
l
I
We sincerely hope the city of Chula Vista, the entity that approved this development, the
developer and the homeowners will participate in solving this most unfair and possibly
illegal expropriation of our view,
Sincerely,
/J/J') ~ "
Ui.LiJUd'd?~
Chas, F, Bevan, Chairman
Tree Committee
,.- - .., -, ,
Chula Vista, CA 91910
~i;.-
~.. .
--
. --=--------- - ---
/
f
ORDINANCE NO._
AN ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING THE TRkNSPORTATION DEVELOPMENT
IMPACT FEE ORDINANCE, MUNICIPAL CODE
3.~4.040.C.4, TO PERMIT THE COMBIN~[~\~
CONSTRUCTION OF A TR~kNSPORTAT~AV~ILITY
PROJECT WITH OTHER DEVELOPM~qU~ELATED~--- WORK
AND AWARD OF ONE CONTRACT FOR THE COMBINED
WORK BASED ON A CLEARLY IDENTIFIED PROCESS
FOR DETERMINING THE LOW BIDDER
WHEREAS, some of the local developers have requested
that they be permitted to confoine the work of a Transportation
Development Impact Fee (TDIF) project with related subdivision
work in order to obtain the best prices on contract work which in
inter-related; and
WHEREAS, currently the TDIF ordinance does not permit
the combining of work where the contract for the TDIF work may
not be awarded to the lowest bidder; and
WHEREAS, in order to allow that objective, an amendment
to the TDIF ordinance is required.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA
VISTA does hereby ordain as follows:
SECTION I: That the Transportation Development Impact
Fee Ordinance, Section 3.54.040.C.4 of the Chula Vista Municipal
Code, is hereby amended to read as follows:
3.54.040 Developer Construction of Transportation Facilities
C. 4. The developer shall secure at least three (3)
qualified bids for work to be done and shall award
the construction contract to the lowest qualified
bidder. The developer may combine the construction
of the Transportation Facility Project with other
development related work and award one construc-
tion contract for the combined work based on a
1
clearly identified process for determininq the low
bidder, all as approved by the Director of Public
Works. Should the construction contract be
awarded to a qualified bidder who did not submit
the lowest bid for the Transportation Facility
project portion of the contract, the developer
will only receive TDIF credit based on the lowest
bid for..the Transportation Facility portion of the
contract/ Any claims for additional payment for
extra work or charges shall be justified, shall be
documented to the satisfaction of the Director of
Public Works, and shall only be reimbursed at the
prices for similar work included in the lowest bid
for the Transportation Facility portion of the
contract . Thc ....... ~ ~' ..... ~ ~-~ ..... 1 be
· ...,.,.., 1 .... fc, r ~'"- ~ ,
do ........ t~ to ........ c~v~ of
Public Worko.
SECTION II: This ordinance shall take effect and be in
full force on the thirtieth day from and after its second reading
and adoption.
Presented by Approved as to form by
,,,,~ ._~ /)
Director of Public ~orks ~ity Attorney
2
ORDINANCE NO. ~q~\~X'X
AN ORDINANCE OF THE CITY OF CHULA VISTA ~XI~DING
CHAPTER 18.28 OF THE CHULA VISTA MUN?c~L CODE
REGARDING DEPOSITS FOR PUBLIC STREET TREES ?~BDIVISIONS
IN WHICH THE COMPLETION OF FULL PA_P.~Y LANDSCAPE
IMPROVEMENTS IS GUARANTEED BY SUFFIC~ SURETY
WHEREAS, Section 18.36.010 of the Chula Vista Municipal Code requires
subdividers to provide public street trees as part of minimum improvements: and,
WHEREAS, subdividers are required, pursuant to Section 18.16.220 of thd Chula
Vista Municipal Code, to provide surety to guarantee the completion of full improvements
within subdivisions including those in which full landscape improvements, consisting of, but
not limited to, the installation of irrigation systems and the planting of vegetation and street
trees, are required in the area between the public curb line and public sidewalk ("parkway");
and,
WHEREAS, Section 18.28.010 of the Chula Vista Municipal Code requires
subdividers to deposit a fee with the Director of Finance for each lot in which a street tree has
not been installed at the time of acceptance of public improvements; and,
WHEREAS, staff has determined that the deposit of a fee with the Director of Finance
for each lot in which a street tree has not been installed in the parkway at the time of
acceptance of public improvements is duplicative and is not required in subdivisions in which
the completion of full parkway landscape improvements has been guaranteed by sufficient
surety, thus insuring that the parkway improvements including the street trees will be installed;
and,
WHEREAS, the City of Chula Vista has conducted legally noticed public hearings on
September 12, 2000 and has provided all interested parties an opportunity to be heard on these
issues.
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain
as follows:
SECTION I: That Section 18.28.010 of the Chula Vista Municipal Code, entitled
"Deposits for street trees -- Required -- Amounts -- Disposition -- Labor costs." is hereby
amended to read as follows:
18.28.010 Deposits for street trees--Required--Amounts--Disposition--Labor costs.
A. The subdivider is required to install approved street trees in accordance with Section
18.32.110 as lots within the development are occupied. For those street trees which
have not been installed at the time of acceptance of public improvements, the
subdivider shall deposit with the Ddirector of _Ffmance the Required Deposit Fee(s).
For subdivisions in which fltll landscape improvements, including but not limited to the
installation of irri~oation systems and the pla~ti~n_~ of vegetation and street trees, are
required in the area between the public curb line and the public sidewalk and in which
the subd~ivid_~[ h~as provided_ sufficient suy_ety to guarantee completion of said landscape
improv~ements, n0 Deposit Fee is required as a prerequisite to the acceptance of public
improvements.
B. No acceptance of public improvements shall be given until such sums, if required
pursuant to Paragf3pJ! A are received by the ~Ddirector of Ffinance. Such sums shall
be deposited in the public works street tree trust fund. Sums in this fund shall be used
for the purchase and planting of trees at such time as the lots become occupied.
C. Costs for labor and equipment required to plant trees for which deposits have been
made shall be determined by the D. director of ~ppublic W~vorks. The pdirector of
l!finance shall transfer sums so determined to appropriate operating accounts upon
receipt of a summary of planting costs and request for transfer of funds from the
Ddirector of ?public W~vorks.
D. In any instance where the planting of a tree at a specific site is determined by the
director of public works to be impractical or where the adjacent property owner makes
practical objection to the planting of a tree, the deposit for such tree may be utilized for
the purchase and planting of trees at any location within the public street system of the
city.
SECTION II: This ordinance shall take effect and be in full force on the thirtieth days
from and after its second reading and adoption.
Presented by Approved as to form by
John P. Lippitt ~ -- /Jo/.~ M. Ka~heny
Director of Public Works ~City Attorney
H: \home\attorney\ordinance 18.28.010
COUNCIL AGENDA STATEMENT
Item No '~
Meeting Date 10110100
ITEM TITLE: Resolution approving request from the Chula Vista High
School Band and Pageantry Corp and the School of Creative
Performing Arts to conduct the 4th Annual Band Review and
authorizing temporary street closures and waiving City fees
for police services.
SUBMITTED BY: Chief of Police~ j
Risk Manager ~ /~ j
Director of Public Works
REVIEWED BY: City Managerial, ~ ~"~"~ (4/5ths Vote: Yes No X
The Chula Vista High School Band and Pageantry Corp in conjunction with the
Chula Vista High School of Creative Performing Arts is requesting permission to
conduct an organized annual band review on November 11, 2000.
RECOMMENDATION: That Council adopt the resolution approving the waiver of
City fees for police services and authorizing temporary street closures for the
organized band review subject to staff conditions.
BOARDS/COMMISSIONS RECOMMENDATIONS: Not Applicable
DISCUSSION: Chula Vista High School Band and Pageantry Corp and the
School of Creative Performing Arts (band review sponsor) is requesting
permission to conduct their 4th Annual Band Review parade on November 11,
2000. The parade will consist of approximately twenty-five marching bands and
marching groups, over 1,000 participants competing against one another for top
honors and awards.
The participating groups in the parade will stage on the south side of the Sear's
store, 500 "r' Street. The proposed parade route will take place west on "1' Street
to Broadway, south on Broadway to "K" Street, and east on "K" Street to the
Chula Vista High School football stadium.
The parade is scheduled to take place between 10:00 AM and 12:00 PM. The
street closures would be in effect from approximately 9:30 AM to 12:30 PM to
allow for the dispersion of parade participants.
Page 2, Item
Meeting Date 10/10100
The Police Department will monitor the progress of the parade, and will close and
subsequently reopen streets and intersections as quickly as possible. The
sponsor will also provide teaching staff to accompany each band to monitor the
progress of the parade. A diagram of the parade route is attached (Attachment
A).
The street closures will have an impact on City bus service in the area. Transit
has agreed to cancel and re-route bus service in the area during the parade, and
erect signs advising of the interruption of service.
Staff approval is recommended subject to the following conditions:
1. Prior to the event, Chula Vista High School (School of Creative Performing
Arts - parade sponsor) shall provide evidence, acceptable to the City, of
commeroial general liability insurance in the amount of $1 million in the
form of a Certificate of Insurance and Policy Endorsement naming the City
of Chula Vista as additional insured.
2. Adequate police coverage at the event as determined by the Police
Department through coordination with the Department's Special Events
Coordinator. The parade route will be marshaled by Police and Police
Department volunteers.
3. Adequate traffic control equipment and devices as determined by the
Police Department. The sponsor will be responsible for renting or
purchasing the equipment and delivering and romoving it from designated
locations.
4. Posting and removal of "No-Parking" signs along the parade route.
5. Removal of adequate portable toilets and trash receptacles at the parade
staging area and at Chula Vista High School.
The Chula Vista High School Marching Band and Pageantry Corp has also made
a formal request to the Mayor and Council asking that fees associated with police
services for this year's Annual Band Review be waived (Attachment B). In
calculating fees for police service, staff estimates it will cost approximately
$3,700 dollars. The use of volunteers is based on availability; however, staff is
confident up to ten volunteers (Explorer Scouts and Senior Volunteers) will be
available for this year's event.
The Annual Band Review is expected to draw twenty-five (25) participating bands
and pageantry groups from the San Diego Region, as well as portions of
Southern California. As in the past, the Band Review provides a positive image
and venue for the youth in our community.
Page 3, Item
Meeting Date 10/10/00
FISCAL IMPACT: Staff estimates it will cost $3,700 to provide Police coverage
at the event. Costs are calculated on an overtime rate plus a 10% administrative
fee, standard for nonprofit events. Costs for Police related services will be
absorbed by the Police Department.
.I
__ AUG 3D 000 and Pageant Corps
820 FOURTH AVENUE
COUNCIL OFFICES
CHULA VISTA. CA CHULA VISTA, CALIFORNIA 92010
August 10, 2000 (619) 422-0975
ATTACHMENT B
The Honorable Mayor Shirley Horton
And the Chula Vista City Council
276 4th Avenue
Chula Vista, California 91910
To all it may concern:,
On November 11, 2000, the City's namesake school, Chula Vista High School, will sponsor
its' annual Band Review, as of now, slated to take place on 4th Avenue. This has been a highly
successful event attracting bands and their families from all over California as w~ll as locally to
compete in our Review.
Chula Vista High School Band is rated one of the best bands in the state and acts as city
representatives wherever they go to compete. They carry the City's banner proudly. This Band
Review has also helped to show Chula Vista as one of the centers of the musical arts in Southern
California.
In the past years, we have been fortunate in having the Chula Vista Police DepmUnent in
helping us, free of charge, in the organization of, providing security for, and running traffic
control along the route of our musical contribution to the city.
We are writing to request the generous donation of their help again, with this year's Reviewl
The review is funded solely by the host school band and our funds are seriously limited. The
presence of the Police Department has greatly enhanced the smooth running of the event and we
realize that their participation is required for it to even take place. Your consideration in the
contribution of the Police Depmiment's services would be greatly appreciated.
If you have any questions, please do not hesitate to call meat (619) 477-~722 or to contact
Ms. Tamara Paige, Chula Vista High School Band Director through the school.
Sincerely,
Hailey McKinney
Band Council President
Chula Vista High School
CC: Tamara Paige
Chula Vista High School
Band Director
RESOLUTION
RESOLUTION APPROVING REQUEST FROM THE
CHULA VISTA HIGH SCHOOL BAND AND
PAGEANTRY CORP AND THE SCHOOL OF
CREATIVE PERFORMING ARTS TO CONDUCT THE
4T~I ANNUAL BAND REVIEW AND AUTHORIZING
TEMPORARY STREET CLOSURES AND WAIVING
CITY FEES FOR POLICE SERVICES
WHEREAS, the Chula Vista High School Band and Pageantry Corp in
conjunction with the School of' Creative Performing Arts will be conducting the 4th
Annual Band Review on November 11, 2000; and
WHEREAS, the Chula Vista High School Band and Pageantry Copp has
requested City fees for police services be waived; and
WHEREAS, Law Enforcement related fees estimated at $3,700 dollars shall be
waived; and
WHEREAS, the Chula Vista High School Band and Pageantry Corp and the
School o£ Creative Performing Arts will provide evidence of insurance in the form of a
Certificate of Insurance and Policy Endorsement, acceptable to the City, in the amount of
$1 million dollars naming the City o£ Chula Vista as additional insured, and their
insurance company as primary; and
WHEREAS, the Chula Visa High School Band and Pageantry Corp and the
School of Creative Performing Arts will provide adequate traffic control equipment and
"No-Parking" signs as specified by the police department; and
WHEREAS, the Chula Vista High School Band and Pageantry Corp and the
School of' Creative Performing Arts will provide adequate police coverage at the event as
determined by the Chula Vista Police Department; and
WHEREAS, parade sponsors provide a letter agreeing not to sue the City, its
agents and employees for any act arising from the Band Review to hold the City
harmless, fully indemnify and release the City, its agents and employees from any and all
liability arising from the Band Review, excluding only that liability which may arise from
the negligence or sole will£ul conduct o£the City.
NOW, THEREFORE, BE IT RESOLVED the City Council of` the City of
Chula x~ .sta does hereby approve the waiver of police service fees and authorizes
temporary street closures on November 11, 2000 for the 4th Annual Band Review
sponsored by the Chula Vista High School Band and Pageantry Corp and the School of'
Creative Performing Arts subject to conditions.
Presented By Approved as to form by
P. Emerson J~M. ~eny~~~
Chief of Police ~ A~orney ~
Council Agenda Statement
CHUIA VIb-I'A Item; ::'
Meeting Date; Tuesday, October 10, 2000
ITEM TITLE: Resolution Amending the Fiscal Year 2000-2001 Budget by
Appropriating $26,785 to Administration for Recycling and Conservation
Education Programs based on unanticipated revenues.
SUBMITTED BY: Special Operations Manager
REVIEWED BY: City Manager ~{~;v (4/5ths Vote Yes X No _)
BACKGROUND: Chula Vista consumers pay 2.5C to 5C per beverage container (depending on
size) into a fund that provides reimbursements to consumers, payments to recycling processors and
parking lot buy back centers, incentive payments to curbside recycling operators, these grants and a
not-for-profit grant cycle. Each City or county may receive the greater of $10,000 or a per capita
payment. The Beverage Container Recycling and Litter Reduction Act mandates that the Department
of Conservation, Division of Recycling (DOC) use a portion of the funds ($10.5 million state-wide
to provide annual "grant" payments to local governments for litter reduction and collection
programs that encourage recycling. The DOC informed the City that its share of this year's per capita
allotment would be $48,785. The Conservation program anticipated $22,000 of that amount in its
2000/01 annual budget and $26,785 represents unanticipated revenues (the City received
approximately $14,000 in 99/2000).
RECOMMENDATION: Adopt the Resolution and appropriate funds for the Recycling and
Conservation Education Program under the Special Operations Program in Administration.
BOARD AND COMMISION RECOMMENDATION: The City's Source Reduction and Recycling
Element contains a detailed list of goals and objectives for the City's Recycling Education Program
and that Element was reviewed and approved by the Resource Conservation Commission prior to
submittal and approval by the State.
DISCUSSION: On June 13, 2000 the City authorized the submittal ora grant to the DOC for
$48,785. The State also required that the grant application submitted by the City include an outline
describing what litter reduction and recycling collection programs would be funded by the grant
(Attachment A). Staff is now requesting that the Council amend this year's budget to allow staff to
carry out the grant application that was approved by Council and funded by the Department of
Conservation.
No local matching funds are required by the State and none are recommended. These funds will assist
the City meet the state mandated landfill diversion requirements (AB 939, the California Integrated
Waste Management Act) by funding programs that will increase the City's diversion of rigid glass,
aluminum, steel and plastic food and beverage containers. The funds are considered supplemental
and compliment the City Integrated Solid Waste Management Plan, which is funded primarily by AB
939 fees generated by Chula Vista solid waste generators.
Page 2, Item
Meeting Date; October 10, 2000
FISCAL IMPACT: of rigid glass, aluminum, steel and plastic food and beverage containers. The
funds are considered supplemental and compliment the City Integrated Solid Waste Management
Plan, which is funded primarily by AB 939 fees generated by Chula Vista soiia ~vas~¢ gcncra~ms.
here will be no impact to the general fund. The recommended program and expenditures will be fully
funded by the DOC payment, which has already been received by the City.
The programs funded by the unanticipated revenues are designed to compliment Conservation
Programs that could produce some indirect operational savings for local businesses, multi-family
dwellings, street sweeping, litter abatement and the City's storm water management program.
mtm: cas: agenda-doc-education- fundb
'~~l-~ DEPARTMENT O~
~ONSERVA ~-1 ON
~ Rccvchng
~ or County Name Eligible Funflin~ Amounl ] Fundin~ Cyale
Chula Vis~ $48,7~5 ] FY 1DgD/20O0
Enti~ Submi~in~ t~is fo~ (i.e. CiW, Lenfl durisfliclion or dPA) Mnilin~ AdOress City State Zip
CiW of Chula Vista - CiW Man~oer'~ ~ce ~7c ~ ~,,,,,,~ ~..,~ w;~,~
ConIact Person ~ Telepho.e [ Fax
Michael T. Meacham, Special Operations Mangr. {619) 691- 5122 (619) 409- 5884
Recycling and/or Li~er Reduction Activities:
To quali~ to receive funds, each a~ivity listed below must meet one or more of the following criteria:
(1) Primaw emphasis is collection and recycling of beverage containers at large venues: public areas, residential communities or
(2) Pdmaw emphasis is public education prompting beverage container recycling and/or li~er prevention.
(3) Prima~ emphasis is beverag~ containedli~er abatement in public places including c~mmuniW clean-up projects or other related
activities involving the recycling of beverage contam~rs.
P/~zse lis~descfibe each beverage container recycling and/or titter reduction activity for which the funds will
~e ezoended: Public Education for a residential curbsi2e recycling program that collects beverage
czn;ainers for over 37.000 dwellings of four units or ~ess. a multi-family recycling program se~ing over
20.000 dwellings of 5 units and above including aH mobile home parks, senior residents, apa~ments and
z3n~ominiums. Th9 program also includes food and beverage container recycling and li2er r~duction at
s~ecial events, and beverage container recycling az all "hospitality" businesses within the City. Th9 public
e~ucation program includes an enforcement and antMheft component provided primarily by a Solid Waste
;~cialist and the Recycling Ranger who also provide education and technical assistance to assist
U~. n-ss-s in implementing recycling programs.
· Has your city/county prohibited the sitin~ of a supermarket site-recycling c~nter? ~ YES X NO
Has your city/county caused a supermarket site-recycling center to clos5 its business? ~ YES X NO
Has your city/county adopted a land use policy that restricts or prohibits the siting of a supermarket site-
recycling center within its jurisdiction? ~ YES X NO
Has your city/county received funding from the Depa~ment of Conse~ation. Division of Recycling's
Grant Pro,ram? X YES ~ NO If yes, which year?19~5/95 Curbside Anti-theft Grant
TEE SUBMISSION OF FALSE INFORMATION WITH INTENT TO DEFRAUD IS A CRIME PUNISHABLE BY SUBSTANTIAL
FINES, UP TO THREE YEARS IMPRISONMENT, OR BOTH. KNOWING THIS, I CERTIFY UNDER PENAL~ OF PERJURY
7HA T THE FACTS REPRESENTED HEREIN ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE.
SJcnature_ of Representative. Authorized to Expend Funds (Named. ~Resolu~n):. ~ Date
Day d D. Rowlands, Jr., City Manager ~~~
City or County Name
CiW of Chub Vista
Return this form by May 31, 2000 to: Division of Recycling, Industry Services Branch, City/County Payments.
801 KStreet, MS 15-59, Sacramento, CA 95814.
% DEPA RTM'ENT OF
NSER¥'AT1 ON
The City of Chula Vista
Total Funds Available: $48,?85
Provide estimated funding amounts, by expense category for each beverage container recycling
and/or litter reduction activity/ listed on the front of this form:
Salaries, Benefits- Solid Waste Specialist, Recycling Ranger $15,000
Other Commodities (Supplies, printing) $33,785
$48, 785
Total Estimated Expenditures:
Questions regarding this form should be directed to the Industry Services Branch (916) 327-7361.
DOR 52 1/00
Pac~e 2 of 2
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE FISCAL YEAR 2000-2001
BUDGET BY APPROPRIATING $26,785 TO
ADMINISTRATION FOR RECYCLING AND CONSERVATION
EDUCATION PROGRiAMS BASED ON UNANTICIPATED
REVENUES
WHEREAS, the 'Beverage Container Recycling and Litter
Reduction Act mandates that the Department of Conservation,
Division of Recycling (DOC) use a portion of the funds ($10.5
million state-wide) to provide annual "grant" payments to local
governments for litter reduction and collection program that
encourage recycling; and
WHEREAS, the DOC informed the City on or about June 1,
2000 that its share of this year's per capita allotment would be
$48,785; and
WHEREAS, the Conservation program anticipated $22,000 of
that amount in its 2000/01 annual budget (the City received
approximately $14,000 in 99/2000) and $26,785 represents
unanticipated revenues; and
WHEREAS, on June 13, 2000 the City authorized the
submittal of a grant to the DOC for $48,785 and the State required
that the grant application submitted by the City include an outline
describing what litter reduction and recycling collection programs
would be funded by the grant; and
WHEREAS, staff is now requesting that the Council amend
this year's budget to allow staff to carry out the grant.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby amend the fiscal year 2000-2001
budget by appropriating $26,785 to Administration for recycling and
Conservation Education Program based on unanticipated revenues.
Presented by Approved as to form by
Michael Meacham ~ohn M~. Kah~ny~ /
Special Operations Manager ~ttorn~ji
[H:/HOM E~TTORN EY\RESO\Conser vation Education Grant (October 3, 2000 (2: 2pm)]
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 10/10/2000
ITEM TITLE: Resolution Awarding a Purchase Agreement in the
amount of $504,321.72 for fourteen replacement and six additional
police sedans (twenty in total) through cooperative bid with the
State of California (Contract_#1-00~23-14)
flt./
SUBMITTED BY: Director of Public Works
Deputy City Manager
REVIEWED BY: City Manager ~'~ (4/5ths Vote: Yes__ No X )
The FY 2000-01 Equipment Maintenance Budget provides for the replacement of
fourteen police sedans. The Police Department budget provides for the purchase of six
additional sedans. The Chula Vista Municipal Code Section 22.56.140 and Council
Resolution No. 6132 authorize the Purchasing Agent to participate in cooperative bids
with other government agencies for the purchase of materials of commcn usage. The
City, therefore, is participating in a current State of California bid from Downtown Ford.
Local vendors had an opportunity to bid but chose not to bid.
RECOMMENDATION: That the City Council approve the Resolution awarding the
Purchase Agreement to Downtown Ford for twenty police sedans.
DISCUSSION:
In the past, the City of Chula Vista has entered into purchasing agreements with the
State of California for various pieces of equipment. Fourteen of the sedans are being
replaced in their normal retirement cycle. Six sedans are being added as part of the
Police Department Strategic Plan. The City of Chula Vista is using this opportunity to
purchase current model year sedans to avoid an anticipated price increase for next
year's model.
FISCAL IMPACT:
Sufficient funds of $524,676.00 have been provided for the replacement of fourteen
police sedans ($373,380) in the Equipment Maintenance Budget (39200-7406) and the
purchase of six additional sedans ($151,296) in the Police Department budget (57300-
7406). This represents a savings of $23,354 due to prices lower than anticipated.
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AWARDING A PURCHASE AGREEMENT IN
THE AMOUNT OF $504,321.72 FOR FOURTEEN
REPLACEMENT AND SIX ADDITIONAL POLICE SEDANS
(TWENTY IN TOTAL) THROUGH COOPERATIVE BID WITH
THE STATE OF CALIFORNIA (CONTRACT #1-00-23-14)
WHEREAS, the FY 2000-01 Equipment Maintenance Budget
provides for the replacement of fourteen police sedans and the
Police Department budget provides for the purchase of six
additional sedans; and
WHEREAS, Chula Vista Municipal Code Section 2.56.140 and
Council Resolution No. 6132 authorize the Purchasing Agent to
participate in cooperative bids with other government agencies for
the purchase of materials of common usage; and
WHEREAS, the City, therefore, is participating in a
current State of California bid from Downtown Ford.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby award a Purchase Agreement in the
amount of $504,321.72 for fourteen replacement and six additional
police sedans (twenty in total) through cooperative bid with the
State of California (Contract #1-00-23-14).
Presented by Approved as to form by
John P. Lippitt J aheny
Director of Public Works C~ Attorney
[H:/H OMEtA~FORN EY/RESO/ Police Sedans Bid (September 29, 2000 (4: 3pm}]
COUNCIL AGENDA STATEMENT
Item.__
Meeting Date 10/10/00
ITEM TITLE: Resolution Initiating proceedings for the annual levy of
assessments and ordering the preparation of an Assessment Engineer's Report
for a portion of EastLake Maintenance District No. 1
Resolution Preliminarily Approving the Assessment Engineer's
Report for the annual levy of assessments for a portion of the EastLake
Maintenance District No. 1 Zone B
Resolution Declaring the intention to provide for the levy and
collection of assessments in a portion of EastLake Maintenance District No.
1 Zone B, to levy and collect assessments, and setting a time and place for
Public Hearing thereon and ordering the initiation of assessment ballot
procedures
SUBMITTED BY: Director of Public Works
REVIEWED BY: City Manager ~ l)i~ (4/Sths Vote: Yes __ No X
EastLake Greens Unit 26 ("Unit 26") is located within EastLake Maintenance District No. 1 (ELMD)
Zone B. However, this property has not been previously assessed to finance the costs associated
with the District because a final map had not yet been approved for Unit 26. A final map for this
project was approved on June 20, 2000, and, therefore, it is now appropriate that the assessment
for Unit 26 be levied.
RECOMMENDATION: That Council adopt the above resolutions, thereby:
1. Preliminarily approving an Assessment Engineer's Report for EastLake Maintenance District
No. 1.
2. Initiating proceedings to consider the annual levy o£ assessments within EastLake Greens
Unit 26, including setting the time and place for the Public Hearing for 6:00 p.m. October
17, 2000 in the Council Chambers and initiating assessment ballot procedures.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
EastLake Maintenance District (ELMD) No. 1 (the "District")was originally established in 1986
under the Landscaping and Lighting Act of 1972. On June 19, 1990, the City Council adopted
Page 2, Item
Meeting Date 10/10/00
Resolution No. 15682 approving the annexation of EastLake Greens to Zone B of the District
(Attachment A).
A revised Engineer's Report, completed by Willdan and Associates in June 1990, including amended
diagrams for Zones A, B and C, was approved by the City Council that year. The report provided
in part that, "No assessments will be levied in Zone B until such time as a supplemental SPA plan
and subsequent Tentative and Final Maps are approved and improvements are constructed."
EastLake Greens Unit R-26 hasn't been assessed in previous years because the final map had not yet
been approved for such property. However, on June 20, 2000 Council approved Resolution No.
2000-217 (Attachment B), which approved the Final Map for Tract No. 88-3, EastLake Greens Unit
26. All landscaping improvements for EastLake Greens have been completed. It is anticipated that
building permits will be obtained for a condominium development during Fiscal Year 2000-2001.
Method of Apportionment
The method of apportionment of the assessments approved by the City Council in 1990 was based
upon estimated vehicle trips generated for a parcel; derived from SANDAG trip generation factors
by land use as related to a single family residential use. Staff believes that such a methodology
remains appropriate for determining the special benefit to the properties within Unit 26.
The proposed development on Unit 26 is also known as Antigua Condominiums and includes 252
condominiums located in 34 buildings plus a recreation building. Based on the original Engineer's
Report, the development would be classified as medium density - residential and would be assessed
at the rate of 0.8 EDUs, or 80 percent of the single family detached rate.
This District provides the funds to maintain the median landscaping for the major streets included
in EastLake Greens, particularly Otay Lakes Road, EastLake Parkway and Hunte Parkway. No new
open space areas have been added to improvements to be maintained from the funding provided by
the District with the approval of the final map for Unit 26. Therefore, the rates for the current areas
of the District will not increase as a result of the recordation of the final map for Unit 26.
The current budget for Zone B of the EastLake Maintenance District 1 for Fiscal Year 2000-01 totals
$36,645. This cost was divided among 33,759 Average Daily Trips (ADTs) or 3375.9 EDUs. This
resulted in a net cost of $10.85 per EDU. With the addition of 201.6 EDUs from the Unit 26
condominium development, this rate would have been reduced to $10.24 per EDU.
Zone B is also assessed for the portion of Otay Lakes Road which is within and/or adjacent to this
zone. Otay Lakes Road has been included as a part of the budget for Zone A, a portion of which has
then been apportioned to Zone B. Staffhas recently recalculated the cost of maintaining the portion
of medians and parkways along Otay Lakes Road. This cost is $10,842. The additional budget
Page 3, Item
Meeting Date 10/10/00
amount would be $3.21 with the current number of EDUs or $3.03 with the additional EDUs from
the Unit 26 condominium development.
More detailed information regarding location of the District and parcels, the District budget, and
apportionment calculations is provided in Attachment C.
On July 25, 2000 Council approved the rate of $17.44 per EDU as the maximum Fiscal Year 2000-
2001 assessment amount for Zone B. This assessment amount will be approved for Unit 26 subject
to increase as of July 1, 2001 by the lesser of the January to January San Diego Metropolitan Area
All Urban Consumer Price Index (CPI) or the change in the estimated California fourth quarter per
capita personal income as contained in the Governor's budget.
The procedures required under Proposition 218 will be followed for the owners of the property
within Unit 26, which is not currently assessed for any open space district. Both property owners
(the EastLake Company and Western Pacific Homes) have signed forms waiving the minimum 45
day noticing period between the date of mailing of the notice of the public hearing and the date of
the public hearing. These consent forms are on file with the Engineering Division. Assessment
ballots will be sent together with the notice of public hearing the two property owners subsequent
to passage of these resolutions in accordance with Proposition 218. A Public Hearing will be held
at 6:00 p.m. on October 17, 2000 to take testimony and tally the assessment ballots received prior
to the close of the public hearing.
FISCAL IMPACT:
A deposit of $5000 has been paid by the property owners to cover the staff and legal costs of the
Proposition 218 annexation process. Since no new improvements to be maintained by funding
provided by the District will be added as a result of the approval of the final map for Unit 26 and
there will not be any increased maintenance costs to be borne by the District, there are no negative
impacts associated with either the approval of the final map for Unit 26 or the levy of the annual
assessments within Unit 26.
Exhibits:
A. Resolution No. 15682
B. Resolution No. 2000-217
C. Proposed Engineer's Report
D. Resolution No. 2000-258
H:~HOME\ENG[NEERLAGEN DA\ELMDLEVY.EMC
.EMC;0725-30-OSD21 C
RESOLUTION NO. 15682
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING ANNEXATION OF THE AREA KNOWN AS EASTLAKE II
EASTLAKE GREENS AND THE OLYMPIC TRAINING CENTER TO THE
EXISTING EASTLAKE MAINTENANCE DISTRICT NO. 1
The City Council of ~the City of Chula Vista does hereby resolve as
follows:
WHEREAS, according to Section 22608, Article 2, Chapter 2, Part 2 of
Division 15 of the California Streets and Highways Code, also known as
"Landscaping and Lighting Act of 1972", EastLake Development has requested in
writing that the City annex the areas known as EastLake II, EastLake Greens
and and the Ol~mpic Training Center into EastLake Maintenance District l, and
WHEREAS, as a conaition of map approval, EastLake was required to request
the formation of an Open Space District for their proposed developments, and
WHEREAS, staff recommends an annexation to the existing EastLake
Maintenance District No. 1 rather than formation of a new maintenance district
as EastLake District I presently includes a portion of EastLake Greens, and
WHEREAS, approval of this resolution will allow the remaining portion of
EastLake II, EastLake Greens and the Olympic Training Center to be annexed
into the existing district.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby, pursuant to Section 22608 of the Street and Highw~s Code,
approve annexation of the area known as EastLake II - EastLake Greens and the
Olympic Training Center to the existing EastLake Maintenance District No. 1.
~P ~~Presented by ~ ~io~~~~Appro as to form y
~ . Llppitt ~)ruce M. §oogaa d /~
~/Df~ctor of Public Works City Attorney /xI
Resolution No. 15682
Page 2
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula
Vista, California, this 21st day of June, 1990 by the following vote:
AYES: Councilmembers: Malcolm, McCandliss, Moore, Nader, Cox
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
Grego~ ~ Cox, May(Jr
ATTEST:
BeVerly A. ~utheletT City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do
hereby certify that the foregoing Resolution No. 15682 was duly passed,
approved, and adopted by the City Council of the City of Chula Vista,
California, at a Joint City Council/Redevelopment Agency meeting of said City
Council held on the 21st day of June, 1990.
Executed this 21st day of June, 1990.
RESOLUTION NO. 2000-217
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING FINAL MAP FOR CHULA VISTA
TRACT NO. 88-3, EASTLAKE GREENS UNIT 26, ACCEPTING
ON BEHALF OF THE CITY OF CHULA VISTA THE PUBLIC
EASEMENTS GRANTED ON SAID MAP WITHIN SAID
SUBDIVISION, ACKNOWLEDGING THE IRREVOCABLE
OFFER OF DEDICATION OF FEE INTEREST FOR
TRANSPORTATION AND OPEN SPACE PURPOSES AS
SHOWN ON SAID MAP WITHIN SAID SUBDIVISION,
REJECTING A PORTION OF EASTLAKE PARKWAY RIGHT-
OF-WAY AS SHOWN ON SAID MAP WITHIN SAID
SUBDIVISION, VACATING CERTAIN EXISTING EASEMENTS
AS INDICATED ON SAID MAP WITHIN SAID SUBDIVISION,
AND APPROVING THE SUBDIVISION IMPROVEMENT
AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS
REQUIRED BY SAID SUBDIVISION AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
NOW, THEREFORE, BE IT RESOLVED that the City cotmci! of the City of Chula Vista
hereby finds that that certain map survey entitled CHULA VISTA TRACT 88-3, EASTLAKE
SOUTH GREENS, UNIT 26, and more particularly described as follows:
Parcel 1 of Parcel Map No. , 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,
_ as File No. of official records being a portion of Parcel 1 of Parcel Map No.
17628 filed in the Office of the County Recorder of San Diego County December 19,
1995, a portion of that property described in deed to Otay Water District recorded
February 28, 1990 as File No. 90-106597 of official records and a portion of that
property described in deed to Otay Water District recorded March 19, 1993 as File
No. 1993-0172611 of official records.
Area: 30.851 No. of Lots: 2
Numbered Lots: 1 Lettered Lots: 1
is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that
said map and subdivision of land shown thereon is hereby approved and accepted upon receipt by
the City of Chula Vista of all improvement securities described in the Subdivision Improvement
Agreement.
BE IT FURTHER RESOLVED that a deed granting an irrevocable offer of fee interest in
Lot A is hereby presently rejected, but the Council reserves the right, pursuant to Section 7050 of
the Califomia Govemment Code, to accept ~id irrevocable offer at some future time.
Resolution 2000-217
Page 2
BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City of
Chu1a Vista, with the rights of ingress and egress, the Emergency Access Easement, the Drainage
and Access Easement, the Drainage Easement and the Pedestrian and Emergency Access Easements,
all as granted and shown on said map within said subdivision, subject to the conditions set forth
thereon.
BE IT FURTHER RESOLVED that the City Clerk of the City ofChula 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 said public streets are accepted on behalf of the public as
heretofore stated and that those certain easements with the right of ingress and egress for the
construction and maintenance of storm drain facilities and other public utilities, as granted thereon
and shown on said map within said subdivision are accepted on behalf of the City ofChula Vista as
hereinabove 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 only upon the acceptance by
the City of Chula Vista and its City Attorney of the improvement securities described in the
Subdivision Improvement Agreement.
BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement dated
the 20th day ofJune,2000, for the completion of improvements in said subdivision, a copy of which
is on file in the office ofthe City Clerk is hereby approved.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said agreement for and on behalf of the City ofChula Vista.
Presented by
Approved as to form by
(1~_/~~
JO~ P. Lippiti../ .
Public Works Director
A-~
Jo . Kaheny
ty Attorney
.
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Resolution 2000-217
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 20th day of June, 2000, by the following vote:
AYES:
Councihnembers:
Davis, Moot, Padilla, Salas, and Horton
NAYS:
Councilmembers:
None
ABSENT:
Councihnembers:
None
ATTEST:
~~~~ .jlo~Lf
Shirley Horton, ayor
~ .---->>.J 1 111 I ~ A '" .J
Susan Bigelow, City rk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certifY that the foregoing
Resolution No. 2000-217 was duly passed, approved, and adopted by the City Council at a regular
meeting ofthe Chula Vista City Council held on the 20'h day of June, 2000.
Executed this 20th day of June, 2000.
~ ---u...LCl..L l-3.2:~
Susan Bigelow, City ClerK
.
.... ,'.
ENGINEER'S
REPORT
ANNEXA nON
TO
EASTLAKE MAINTENANCE
DISTRICT NO.1
September 27, 2000
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Backl,!round
EastLake Maintenance District (ELMD) No.1 was originally established in 1986 under the 1972
Landscaping and Lighting Act to pay the cost of maintaining the landscaping and electrical energy
for the decorative street lighting planned for various streets in the EastLake area. The district was
divided into two zones. Zone A (north ofOtay Lakes Road) was assessed a total of$10,000 and
Zone B (south of Otay Lakes Road) was not initially assessed, as there were no affected
improvements in Zone B at that time.
A revised Engineer's Report was prepared in 1988. The special lighting was not installed as planned
and the improvements basically consisted of landscaped medians and maintenance easements
(parkways) in! adjacent to major streets in the EastLake development. On July 26, 1988 a public
hearing was held to consider the confirmation of the spread of assessments for EastLake
Maintenance District No.1. The City Council adopted Resolution No. 13704 at that meeting, which
levied the assessments for this district. At that time, ELMD No.1 consisted of Zones A and B but
did not include the area covered by EastLake Greens. On June 19, 1990, the City Council adopted
Resolution No. 15682, which approved the annexation of EastLake Greens (including Unit 26) and
the Olympic Training Center to ELMD No.1. EastLake Greens was included in Zone B, while the
Olympic Training Center became Zone C.
An addtional revised Engineer's Report was completed by Willdan and Associates in June 1990,
including amended diagrams for Zones A, Band C. The description of improvements to be
maintained is included in Exhibit A. The report doesn't separate out these improvements by zone.
H states, "No assessments will be levied in Zone B (or Zone C) until such time as a supplemental
SPA plan and subsequent Tentative and Final Maps are improved and improvements are
constructed." During Fiscal Year 1990-91 the entire assessment was apportioned to Zone A because
Tentative or Final Maps had not yet been approved in these zones.
During subsequent fiscal years, Zones D and E were created and approved. Properties within Zones
Band C began to be assessed during the fiscal year subsequent to Tentative or Final Map approval.
These properties were added prior to passage of Proposition 218, which changed this process.
Apportionment of Costs
The final map for EastLake Greens Unit 26 was approved during the year 2000. The proposed
development is known as Antigua Condominiums and includes 252 condominiums located in 34
buildings plus a recreation building. As shown on the attached map (Exhibit B), this area is within
the boundaries of Zone B of ELMD No.1 and includes the following parcels:
643-020-44-00 643-020-21-00
643-020-35-00 643-020-38-00
643-020-37-00
In determining the method of apportionment, the revised Engineer's Report prepared in June 1990
was reviewed. The trip generation rates by land use developed by SANDAG were used. According
1
to the Brief Guide of Vehicular Traffic Generation Rates for the San Diego Region prepared by
SANDAG in July 1998, the following generation rates should be used for residential housing:
Housing Type
Single Family Detached
(Average 3-6 units/ acre)
Condominium
(Or Multi-family 6-20 units/acre)
Apartment
(Or Multi-family> 20 units/acre)
Weekday Vehicle Trip Generation
10 per dwelling unit
8 per dwelling unit
6 per dwelling unit
In terms of density, the five parcels in this area consist of approximately 36.43 Acres. Since 252
condominiums are anticipated to be built, the density will be 6.92 dwelling units per acre. Thus,
based on both housing type and density, the rate of 8 trips per dwelling unit should be used. This
means that the condominium rate would be 80 percent of the single family rate (or rate per EDU).
This agrees with the rate established per dwelling unit for Medium Density - Residential in the June
1990 Engineer's Report.
The main improvements included within Zone B are the medians and maintenance easements along
the following streets:
Hunte Parkway between Clubhouse Drive and Otay Lakes Road
Greensview Drive within EastLake Greens
Eastlake Parkway between Clubhouse Drive and Otay Lakes Road
Clubhouse Drive between Eastlake Parkway and Hunte Parkway
Greensgate Drive between Eastlake Parkway and Greensview Drive
Otay Lakes Road from Eastlake Parkway to 500 feet east of Salt Creek
Note that the Otay Lakes Road improvements also include the landscaped area surrounding and to
the west of the Otay Lakes Road sewage pump station.
The budget for Zone B was prepared in two parts. Most ofthe expenses for the above facilities are
included in the separate Zone B budget (Exhibit C). These costs include water, the City's
landscaping contract, City staff costs, other utilities and supplies. The total cost for Fiscal Year
2000-2001 was $36,645. This amount was divided among the total existing 33,759 Average Daily
Trips, or 3375.9 EDUs, in EastLake Greens. This resulted in a net cost of$10.85 per EDU. Unit
26 would add 201.6 more EDUs, based on 80 percent of252 units. This would have resulted in a
decrease ofthe allocated cost to $10.24 per EDU.
EastLake Maintenance District No.1 includes the maintenance of medians on Otay Lakes Road from
Rutgers Avenue east to 500 feet east of Salt Creek. This is included in both Zones A and B,
although the largest portion is in Zone A. In order to simplify the contracting process, all the
improvements on Otay Lakes Road had been placed in the budget for Zone A. During the annual
2
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rate setting process, a portion of the budget for Zone A has been included in the rate for Zone B to
account for the portion ofOtay Lakes Road improvements in Zone B. For Fiscal Year 2000-2001,
this amount was estimated to be 24.6 percent of$31,316, or $7703.74. This increased the total cost
per EDU by $2.28 to $13.13.
The calculation of costs associated with Otay Lakes Road landscape maintenance has recently been
revised to reflect actual costs of the landscaping contract and water consumption, as well as the
actual portion of the landscaping attributable to each zone. This cost has been calculated as $10,842,
which includes $6768 for the landscaping contract and $4074 for water costs, as shown in Exhibit
D. This would amount to a cost per EDU of$3.21 with the current number of ED Us or $3.03 with
the additional EDUs from Unit 26. Since this change relates to a correction of previous calculations
and not to any changes in areas to be maintained, existing property owners do not need to be balloted
for this change.
The total cost in Zone B for Fiscal Year 2000-200 I based on the corrected calculations for Otay
Lakes Road improvements is $14.06 per EDU for the currently billed properties or $13.27 per EDU
including the additional EDUs in Unit 26. Since each condominium unit is 80 percent of an EDU,
the cost to each condominium owner would actually have been $10.62. The maximum assessment
amount approved for Fiscal Year 2000-2001 at the July 25, 2000 City Council meeting was $17.44
per EDU. Since the actual cost does not exceed the maximum assessment amount, the balloting
process will only apply to the newly assessed properties in Unit 26.
3
~1t'/B/T4
MAINTENANCE ITEMS
,
i
1. Definitions
A. "Maintain" or "maintenance" means the furnishing of services and materials
for the ordinary and usual maintenance, operation, and servicing of any
improvement, including:
1. Repair, removal, or replacement of all or any part of any improvement.
2. Providing for the life, growth, health, and beauty of landscaping,
including cultivation, irrigation, trimming, spraying, fertilizing, or
treating for disease or injury.
3. The removal of trimmings, rubbish, debris, and other solid waste.
4. Providing administration for the maintenance of improvements.
B. '1mprovement" means one or any combination of the folloy,ing:
1. The installation or planting of landscaping.
2. The installation or construction of statuary, fountains, and other
ornamental structures and facilities.
3. The installation or construction of supplemental public lighting
facilities.
4. The installation or construction of any facilities which are appurtenant
to any of the foregoing or which are necessary or convenient for the
maintenance or servicing thereof, including grading, clearing, removal of
debris, the installation or construction of curbs, gutters, walls, sidewalks,
or paving, or water, irrigation, drainage, or electrical facilities.
5. The maintenance or servicing, or both, of any of the foregoing.
II. Description of I terns
The facilities and items of maintenance included within the District are as follows:
A. Maintain landscaping and irrigation system improvements in designated
public street median areas. Designated streets where median maintenance
will be required include:
Otay Lakes Road
Rutgers Ave. east to
500 feet east of Salt Creek
SR-125 to Orange Ave.
EastLake Park-way -
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East "H" Street
EastLake Drive
Hunte Parkway
Orange Avenue
Eastlake Parkway -
Oubhouse Drive
Greengate Drive
Greenview Drive
Masters Ridge Road .
Silverado
Golfcrest Drive
5,000 feet southwest of SR-125 to 3,000
feet northeast of SR-125
EastLake I Hills and Shores
Olay Lakes Road to Orange Avenue
Easllake Parkway to Wueste Road
within "Greens" SPA Boundary
within "Greens" SPA Boundary
within "Greens" SPA Boundary
\l,1thin "Greens" SPA Boundary
within "Greens" SPA Boundary
within "Greens" SPA Boundary
within "Greens" SPA Boundary
1. Maintain landscaping including grass, ground cover, shrubs, trees, and
other ornamental vegetation improvements in designated public street
median areas.
2. Maintain irrigation water supply and sprinkler system improvements in
designated public street median areas. Maintenance to include
necessary repairs to the water supply and sprinkler system.
. * Does not include irrigation.
Maintain landscaping and irrigation system improvements in designated
maintenance easements adjacent to streets. Designated streets where there
may be maintenance easements include:
B.
SR-125 Corridor -
East "H" Street -
EastLake Parkway -
Otay Lakes Road -
Fenton Street
Lane Avenue
Miller Drive
Boswell Road
EastLake Drive
Hillside Drive
Lakeshore Drive
Hunte Parkway
5,000 feet south of Otay Lakes Road to
1,800 feet north of East "H" Street. This
maintenance easement is temporary and in-
cludes the area set aside for the SR-125 right-
of-way until such time that CALTRANS
accepts maintenance on this area
5,000 feet southwest of SR-125 to 3,000
feet northeast of SR-125
SR-125 to Otay Lakes Road
Rutgers Road east EastLake Parkway to
3,200 feet east of Lane Avenue
EastLake Parkway to 500 feet west of Lane
Avenue
Otay Lakes Road to 350 feet north of
Boswell Road
EastLake Parkway to 500 feet north of
Boswell Road
East "H" Street to 600 feet east of Lane
Avenue
Hillside Drive to Lakeshore Drive and
Lakeshore Drive to SR-125
East Lake Hills
EastLake Shores
Olay Lakes Road to Orange Avenue
7
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Orange Avenue
Eastlake Parkway
Greengate Drive
Greenview Drive
Clubhouse Drive
Masters Ridge Road -
Golfcrest Road
Silverado
Golf Course
Vista Drive
Eastlake ParJ..:way to Wueste Road
within "Greens" SPA Boundarv
within "Greens" SPA Boundary
within "Greens" SPA Boundarv
within "Greens" SPA Boundary
within "Greens" SPA Boundary
within "Greens" SPA Boundary
within "Greens" SPA Boundarv
within "Greens" SPA Boundary
Maintain landscaping including grass, ground cover, shrubs, trees, and
other ornamental vegetation in maintenance easements adjacent to
designated streets.
Maintain irrigation water supply and sprinkler system improvements in
maintenance easements. Maintenance to include necessary repairs to
the water supply and sprinkler system.
1.
2.
Maintain supplemental lighting improvements and provide for additional
costs associated with operating supplemental lighting. Maintenance will
include necessary repair and replacement of fixtures, luminaries, bulbs, and
appurtenances. Designated streets where there may be supplemental lighting
include:
c.
East "H" Street - 5,000 feet southwest of SR-125 to 3,000
feet northeast of SR-125
SR-125 to Orange Avenue
Rutgers Road east to
3,200 feet east of Lane Avenue
Otay Lakes Road to Orange Avenue
Eastlake Parkway to Wueste Road
within "Greens" SPA Boundary
within "Greens" SPA Boundary
within "Greens" SPA Boundary
within "Greens" SPA Boundary
within "Greens" SPA Boundary
within "Greens" SPA Boundary
within "Greens" SPA Boundary
within "Greens" SPA Boundary
EastLake Parkway -
Otay Lakes Road -
Hunte Parkway
Orange Avenue
Eastlake Parkwav -
Greengate Drive-
Greenview Drive
Clubhouse Drive
Masters Ridge Road -
Golfcrest Road
Silverado
Golf Course
Vista Drive
Maintain proposed open space lots. Maintenance will conform to approved
landscape plans for subject area. Area will include:
- dedicated open space lots owned in fee by the City of Chula Vista,
including slopes adjacent to SR 125, the community park site and High
School Site, all within the "Greens" SPA Boundary.
D.
8
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LEGEND:
.Ql New parcels to be levied 1000
- Eastlake Maintenance
District
PREPARED BY: B.B.
TiTlE:
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0iUIA VISrA
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1000
, Eastlake Maintanence District
Scale in Feet
UHIBIT 6
KEY I Detail REPORT " ' Eastlake Maintenance Dist 1 35300
UNIT 35320 - EL Maint Dist Zone B
Items
ll!1nIJ
DeDi Reauest
Finance
Baseline
Difference
5852 Transfer In EL Maint Dist Zn B
FINANCE BASELINE
98.00
$98
98.00
98
6401 Other Contractual Services $ 13,389 ' ' 13,274 115
FINANCE BASELINE 13,274.00 13,274.00
Contract plus CPI 12,874.00 13,388_96
Emerg irrg sys repairs trans to 6621 400.00
Budget adjustment -13,274.00 -13,274.00
6501 Specialized Services $180 180
Annual certificate trans from 6621 9 20.00 180.00
6572 Gas and Electric $1,102 - 1,102
FINANCE BASELINE 1,102.00 1,102.00
Fixed cost (9x120) 1,080.00
6574 Water $ 15,082 13,642 1,440
FINANCE BASELINE 1 13,642.00 13,642.00
Fixed costs 9 720.00 6,480.00
Volume cost 4600 1.87 8,602.00
Budget adjustment 1 .13,642.00 ~ 13,642.00
6621 Maint - Building $0 180 -180
FINANCE BASELINE 1 180.00 180.00
Annual certificates trans to 6501 9 ~20.00 -180.00
6814 Landscape Supplies $640 240 400
FINANCE BASELINE 240.00 240.00
Landscape supplies 240.00
Emerg irrg sys repairs trans from 6621 400.00 400.00
6911 Matis to Main-Bldgs & Grounds $ 500 500
FINANCE BASELINE 500.00 500.00
Materials 500.00
7003 City Staff Services $ 5,752 5,752
FINANCE BASELINE 5,752.00 5,752.00
City staff 4,B57.oo
EnglAdmin 902.00
MIS cost 10.00
Finance 13.00
Pagel
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Exhibit D
Otay Lakes Road Landscape Maintenance Costs
EastLake Maintenance District No.1
Fiscal Year 2000-2001
Cost Catel!:orv Zone A Zone B
Code 1 Water Costs 3.91 Ac x $2190 = $8563 1.44 Ac x $2190 = $3154
Code 2 Water Costs 0.89 Ac x $2440 = $2172 N/A
Water Service Fees $3136 $920
Code 1 Landscape 0.27 + 0.18 + 2.53 + 0.93 = 0.44 + 0.30 + 0.70 =
Maintenance Contract 3.91 Ac x $4700 = $18,377 1.44 Ac x $4700 = $6768
Code 2 Landscape 0.62 + 0.27 = N/A
Maintenance Contract 0.89 Ac x $9575 = $8522
TOTAL $40,770 $10,842
H:\HOMEIENGINEER\ASMTDISTIELMD I IT ABLE4.EMC
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RESOLUTION NO. 2000-258
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ORDERING CERTAIN OPEN SPACE AND
MAINTENANCE FACILITIES TO BE MAINTAINED,
APPROVING MODIFICATION TO THE ENGINEER'S REPORT,
AND LEVYING THE ASSESSMENTS FOR FISCAL YEAR
2000/2001 FOR OPEN SPACE MAINTENANCE DISTRICTS 1-9,
11, 15, 17, 18, 20, 23, 24, 26, 31, 33, BAY BOULEVARD, TOWN
CENTRE AND EASTLAKE MAINTENANCE DISTRICT NO.1
WHEREAS, prior to the adoption of this resolution, the City Council has caused the
formation of various districts under and pursuant to either the Chula Vista Open Space District
Procedural Ordinance ("Procedural Ordinance"), as contained in Chapter 17.07 (adopting in
substantial part the 1972 Lighting and Landscaping Act ("Act") as contained in Streets and
Highways Code Section 22500, et seq., or pursuant to the Act itself designated as follows:
1. Open Space District Nos. 1-9, 11, 15, 17, 18,20,23,24,26,31 and 33.
2. Bay Boulevard, Town Centre and EastLake Maintenance District No. I.
WHEREAS, the districts are exempt from the provisions of Proposition 218 because I) the
assessments were raised by an amount equal to or below the CPl; 2) the districts were either formed
at the request of I 00% of the land owners; or 3) the improvements are within the street right-of-way;
and
WHEREAS, in accordance with the Procedural Ordinance, the City Engineer has prepared
a report on the spread of assessments for said Open Space and Maintenance Districts ("Engineer's
Report"); and
WHEREAS, on May 23, 2000, the City Council approved the Engineer's Reports and set
June 20, 2000 and July 25, 2000, as the dates for the public hearings; and
WHEREAS, the proposed individual assessments for Fiscal Year 2000/2001 as they compare
to the last year are shown on Exhibit "A," attached hereto and incorporated herein by this reference.
NOW, THEREFORE, BE IT RESOLVED as to all Open Space and Maintenance Districts
herein referenced that the City Council of the City of Chula Vista does hereby find that written
protests against the proposed assessment adjustment has not been made by owners representing more
than one-half of the area ofthe land to be assessed from the improvement and confirms the diagram
and assessment contained in the modified Engineer's Report, and orders the open space and
maintenance facilities to be maintained. The adoption of this resolution shall constitute the levy of
the assessments as proposed in the modified Engineer's Report for the 2000/200 I fiscal year and set
forth hereinabove for Open Space Districts 1-9, 11, 15, 17, 18,20,23,24,26,31,33, Bay Boulevard,
Town Centre and EastLake Maintenance District No. I.
Resolution 2000-258
Page 2
Presented by
Approved as to form by
~/~
Jt P. Lippitt
P bilc Works Director
~.(~
Jo '. Kaheny
C" . Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 25th day of July, 2000, by the following vote:
AYES:
Councilmembers:
Davis, Moot, PadiIla, Salas, and Horton
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
None
ATTEST:
- ~4~~ JWFVi
Shirley Ho. ' Mayor
.::. ~I 1 d. tf3:'?;; ~ 10. )
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. 2000-258 was duly passed, approved, and adopted by the City Council at a regular
meeting ofthe Chula Vista City Council held on the 25th day of July, 2000.
Executed this 25th day of July, 2000.
- ~1/1l1 ~<ZL(}r;lLJ
Susan Bigelow, City Clerk
EXHIBIT A
R2000-258
PRIOR FISCAL YEAR'S VS. FISCAL YEAR 2000/2001 ASSESSMENT/COLLECTIBLE
FY 00/01 Proposed Proposed
FY 98/99 FY 99/00 FY 99/00 CAP: FY 00/01 FY 00/01 FY 00/01
OSD Assmnt/ Collectioo/ Assmnt/ FY 99/00 Assmnt/ Collectioo/ Revenue
EDU EDU EDU Assmnt EDU EDU
+CP1(2)
1 $90.60 $40.00 $93.86 $96.25 $96.25 $47.00 $31,104
2 42.04 33.00 43.55 44.66 44.66 35.00 8,715
3 287.74 286.00 298.10 305.67 305.67 288.00 36,576
4 303.92 223.00 314.86 322.86 322.86 235.00 49,350
5 296.37 175.00 307.04 314.84 314.84 180.00 21,960
6 146.56 76.00 151.84 155.69 155.69 76.00 12,312
7 102.38 88.00 106.07 108.76 108.76 89.00 9,256
8 467.72 363.00 484.56 496.86 496.86 362.00 39,820
9 132.55 132.00 137.32 140.81 140.81 134.00 51,456
11 90.52 53.00 93.78 96.16 96.16 61.00 80,583
15 279.17 213.00 289.22 296.56 296.56 221.00 12,597
17 133.63 42.00 138.44 141.96 141.96 43.00 1,978
18 315.77 221.00 327.13 335.45 335.45 223.00 97,005
20 - - - - - - 908,621
Zone 1 DB 48.80 0.00 50.56 51.84 51.84 0.00 (3)
Zone 2 RC 3.71 3.84 3.84 3.94 3.94 3.93 (3)
Zone 3 H 5.28 4.38 5.47 5.61 5.61 4.27 (3)
Zone 4 BC 19.66 20.37 20.37 20.88 20.88 20.85 (3)
Zone 5 I 296.53 307.20 307.20 315.00 315.00 310.80 (3)
Zone 6 II 227.84 163.23 236.04 242.03 242.03 134.41 (3)
Zone 7 III 140.64 145.70 145.70 149.40 149.40 149.39 (3)
Zone 8 NDB 32.42 0.00 33.59 34.44 34.44 0.00 (3)
Zone 9 TCC 25.75 13.23 26.65 27.35 27.35 13.23 (3)
23 361.03 85.00 374.03 383.53 383.53 94.00 8,272
24 541.01 447.00 560.48 574.72 574.72 448.00 17 ,920
26 424.61 228.00 439.90 451.07 451.07 229.00 4,351
31 438.62 1.00 454.41 465.95 465.95 1.00 321
33 1,084.01 0.00 1,123.03 1,151.55 1,151.55 0.00 0
Bay Boulevard 1,391.30 815.33 815.33 845.07 845.07 845.07 5,400
(4\
Town Centre (5) 48.50 0.023443 0.095222 0.098688 0.098688 0.034804 17,841
ELMD #1(6) - - - - - - 217,967.10
Zone A 10.04 9.07 10.40 10.67 10.67 9.70 (6)
EastLake I
Zone B Greens 16.42 12.13 17.01 17.44 17.44 12.92 (6)
Zone C OTC 136.00 6.12 140.90 144.47 144.47 5.80 (6)
Zone D Salt 181.38 175.44 187.91 192.68 192.68 177.80 (6)
Creek
Zone E TC 25.86 13.28 26.79 27.47 27.47 12.88 (6)
Channel
(I) Represented average residential assessment in SPA I.
(2) FY 1999/2000 assessment may be set at or below this cap without being subject to a majority protest.
(3) Revenue for all zones included in overall District 20 amount.
(4) Bay Boulevard rates based on acres for FY 199912000 and 2000/200 I.
(5) Town Centre rates based on lot square footage for FY 199912000 and 2000/2001. 1- r. /
. .~
Revenue for all zones included in overall ELMD I amount . ,
(6)
-; A
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, INITIATING PROCEEDINGS FOR THE ANNUAL LEVY OF
ASSESSMENTS AND ORDERING THE PREPARATION OF AN
ASSESSMENT ENGINEER'S REPORT FOR A PORTION OF EASTLAKE
MAINTENANCE DISTRICT NO. I, ZONE B
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, has
previously fonned a special maintenance district pursuant to the tenns of the "Landscaping and
Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State
of California, said special maintenance district known and designated as EASTLAKE
MAINTENANCE DISTRICT NO. I, ZONE B (the "Maintenance District"); and,
WHEREAS, at this time the City Council is desires to initiate proceedings to provide for
the annual levy of assessments for Fiscal Year 2000-2001 to finance the annual costs for
maintenance of improvements confer special benefits on that portion of the Maintenance District
known and designated as EastLake Greens Unit 26 ("Unit 26").
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1. RECITALS. The above recitals are all true and correct.
SECTION 2. DECLARATION OF INTENTION. The public interest and convenience
requires, and it is the intention of this legislative body to initiate proceedings for the annual levy
and collection of special assessments to finance the costs of annual maintenance and/or servicing
of those improvements which confer special benefit on the properties within Unit 26.
SECTION 3. REPORT OF ASSESSMENT ENGINEER. The improvements are hereby
referred to the City Engineer, who is hereby directed to make and file or cause to be made and
filed an Assessment Engineer's Report generally containing the following:
A. Plans and specifications describing the general nature, location and extent of the
improvements to be maintained and serviced;
B. An estimate of the cost of the maintenance and/or servicing of the improvements
conferring special benefit on the properties within Unit 26 of the Maintenance
District for the referenced fiscal year;
C. A diagram for Unit 26 of the Maintenance District, showing the area and
properties proposed to be assessed;
D. An assessment of the estimated costs of the maintenance and/or servicmg,
assessing the net amount upon all assessable lots and/or parcels within Unit 26 of
the Maintenance District in proportion to the special benefits conferred on the
properties within Unit 26.
;' f"
I ,J
,
That upon completion of the preparation of the Assessment Engineer's Report, the original shall
be filed with the City Clerk, who shall then submit the same to this legislative body for its
immediate review and consideration.
SECTION 4. FISCAL YEAR. The Assessment Engineer's Report shall include all costs
and expenses of said maintenance and/or servicing relating to the fiscal year commencing July I,
2001 and ending June 30, 2002.
Presented by
Approved as to form by
John P. Lippitt
Public Works Director
~~b
John Kaheny
City Attorney
I'
<; - 1::
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, PRELIMINARIL Y APPROVING THE ASSESSMENT
ENGINEER'S REPORT FOR PROCEEDINGS FOR THE ANNUAL LEVY OF
ASSESSMENTS FOR A PORTION OF EASTLAKE MAINTENANCE
DISTRICT 1, ZONE B
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA,
pursuant to the terms of the "Landscaping and Lighting Act of 1972" (the "1972 Act"), being
Division 15, Part 2 of the Streets and Highways Code of the State of California, did, by previous
Resolution, initiate proceedings and ordered the preparation of an Assessment Engineer's Report
for the annual levy of assessments within a special maintenance district, said special maintenance
district known and designated as EASTLAKE MAINTENANCE DISTRICT NO. I, ZONE B
(the "Maintenance District"); and,
WHEREAS, there has now been presented to this City Council the Assessment
Engineer's Report as required by the 1972 Act, Article xmD of the Constitution of the State of
California and the Proposition 218 Omnibus Implementation Act (the "Implementation Act")
and as previously directed by Resolution; and,
WHEREAS, this City Council has now carefully examined and reviewed the Assessment
Engineer's Report as presented, and is satisfied with each and all of the items and documents as
set forth therein, and is satisfied that the assessments, on a preliminary basis, have been spread in
accordance with the special benefits conferred on the properties within Unit 26 by the
improvements to be maintained, as set forth in the Assessment Engineer's Report.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1. RECITALS. The above recitals are all true and correct.
SECTION 2. PRELIMINARY APPROVAL OF THE ASSESSMENT ENGINEER'S
REPORT. The Assessment Engineer's Report as presented consists of the following:
A. Plans and specifications describing the general nature, location and extent of the
improvements to be maintained;
B. An estimate of the cost of the maintenance and/or servicing of the improvements
conferring special benefit on the properties within Unit 26 of the Maintenance
District for Fiscal Year 2000-2001;
C. A diagram for Unit 26 of the Maintenance District, showing the area and
properties proposed to be assessed;
D. An assessment of the estimated costs of the maintenance and/or servicing,
assessing the net amount upon all assessable lots and/or parcels within Unit 26 of
the Maintenance District in proportion to the special benefits conferred on the
properties within Unit 26.
7://
The Assessment Engineer's Report, as presented, is hereby approved on a preliminary basis, and
is ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to
public inspection.
Presented by
Approved as to form by
~~
John P. Lippitt
Public Works Director
John Kaheny
City Attorney
I Ii .r
/: L/
C; L
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND
COLLECTION OF ASSESSMENTS IN EASTLAKE MAINTENANCE DISTRICT
NO. I, ZONE B, SETTING THE TIME AND PLACE FOR PUBLIC HEARINGS
THEREON AND INITIATING ASSESSMENT BALLOT PROCEDURES
WHEREAS, in 1986 the CITY COUNCIL of the CITY OF CHULA VISTA (the "City")
formed a maintenance district pursuant to the terms ofthe "Landscaping and Lighting Act of 1972",
being Division IS, Part 2 of the Streets and Highways Code of the State of California (the "1972
Act"), such district known and designated as the EASTLAKE MAINTENANCE DISTRICT
(ELMD) (the "District"); and
WHEREAS, the City Council subsequently established Zones A and B within the District
("Zone A" and "Zone B" respectively); and
WHEREAS, in 1990 the City Council declared that no assessments will be levied in Zone B
until such time as a supplemental SP A plan and subsequent Tentative and Final Maps were approved
and improvements are constructed; and
WHEREAS, on June 20,2000 the City Council approved a final map for a portion of Zone B
known and designated as EastLake Greens Unit R-16 ("Unit 26"); and
WHEREAS, at this time the City Council desires to initiate proceedings pursuant to the 1972
Act, Article XIIID of the Constitution of the State of California ("Article XIIID") and the
Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the
"Implementation Act") (the 1972 Act, Article XIIID and the Implementation Act are referred to
collectively as the "Assessment Law") to provide for the annual levy of assessments within Unit 26
for the next ensuing fiscal year to provide for the costs and expenses necessary to pay for the
maintenance of the existing improvements and proposed additional improvements in Zone B ofthe
District which confer a special benefit on the properties within Unit 26; and,
WHEREAS, there has been presented to this City Council the Assessment Engineer's Report,
as required by the Assessment Law, and this City Council desires to continue with the proceedings
for said annual levy; and,
WHEREAS, this City Council has now examined and reviewed the Assessment Engineer's
Report as presented, and is satisfied with each and all of the items and documents as set forth therein,
and is satisfied that the assessments, on a preliminary basis, have been spread in accordance with the
special benefits received from the improvements to be maintained, as set forth in the Assessment
Engineer's Report and this City Council desires to preliminarily approve such report; and
,
,
WHEREAS, the Assessment Law requires that notice of the public hearing to be held by the
City Council to consider the levy of the assessments must be mailed to the record owners of all
properties proposed to be assessed not less than 45 days prior to the date of such public hearing; and
WHEREAS, the record owners of the property within Unit 26 have waived their rights under
the Assessment District Law that the notice ofthe public hearing be mailed to such owners ate least
45 days prior to the public hearing and have granted such owners' consent to the shortening oftime
within which the public hearing and assessment ballot procedure pertaining to the levy of
assessments with Unit 26 may be held.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION I. Recitals. The above recitals are all true and correct.
SECTION 2. Declaration ofIntention The public interest and convenience requires, and it is
the intention ofthis legislative body, to levy assessments on and collect assessments from properties
with Unit 26 to pay the annual costs and expenses for the maintenance and/or servicing of the
improvements which confer a special benefit on the properties within Unit 26. The improvements
proposed to be maintained are generally described in Exhibit A attached hereto and incorporated
herein by this reference.
SECTION 3. Properties Receiving Special Benefit from the Improvements. The
improvements are of special benefit to the properties within Unit 26 of Zone B. For particulars,
reference is made to the diagram of Unit 26 the District, a copy of which is incorporated into the
Assessment Engineer's Report on file in the Office of the Clerk of the City Council and open for
public inspection.
SECTION 4. Assessment Engineer's Report. The Assessment Engineer's Report, as
presented, has been approved on a preliminary basis, and is ordered to be filed in the office of the
City Clerk as a permanent record and to remain open to public inspection.
Reference is made to said Assessment Engineer's Report for a full and detailed description of
the improvements proposed to be maintained, the boundaries of Unit 26, and the proposed
assessments upon assessable lots and parcels of land within Unit 26.
SECTION 5. Assessments All costs and expenses of the maintenance and incidental
expenses have been apportioned and distributed to the parcels within Unit 26 in accordance with the
special benefits conferred upon such parcels from the improvements.
SECTION 6. Public Hearing Notice is hereby given that public hearing is hereby scheduled
in the regular meeting place of this legislative body located at 376 Fourth Avenue, Chula Vista,
California 91910 on the following date and time:
October 17, 2000 at 6:00 p.m.
At such times the legislative body will consider and finally determine whether to levy the
proposed annual assessment within Unit 26 of the Maintenance District.
All interested persons shall be afforded the opportunity to hear and be heard. The City
Council shall consider all oral statements and all written communications made or filed by any
interested persons. The City Council shall also determine whether assessment ballots submitted
pursuant to the Assessment Law in opposition to the proposed assessments within each respective
District exceed assessment ballots submitted in favor of such proposed assessments.
Pursuant to the provisions of the Assessment Law, each record owner of property located
within Unit 26 of the Maintenance District proposed to be assessed has the right to submit an
assessment ballot in favor of or in opposition to the proposed assessment.
Assessment ballots will be mailed to the record owner of each parcel located within Unit 26
of the Maintenance District and subject to a proposed assessment. Each such owner may complete
such assessment ballot and thereby indicate their support for or opposition to the proposed
assessment. All such assessment ballots may be delivered by mail or personal delivery to the City
Clerk at the following address at or before 5:00 pm on October 17, 2000:
City Clerk
City of Chula Vista
276 Fourth Avenue
Chula Vista, Ca 91910
After 5:00 pm on October 17, 2000, assessment ballots may be delivered prior to the close of the
public hearing to the City Clerk at the location of the public hearing given above.
All assessments ballots must be received by the City Clerk prior to the close of the public
hearing on October 17, 2000. A postmark on an envelope retnrning an assessment ballot by mail
which is postmarked prior to such date and time will not be sufficient.
At the conclusion ofthe public hearing on October 17, 2000, the City Council shall cause the
assessment ballots which are timely received to be tabulated. If a majority protest exists within Unit
26 of the Maintenance District, the City Council shall not impose an assessment within Unit 26. A
majority protest exists if, upon the conclusion of such public hearing, assessment ballots submitted
in opposition to the assessments within Unit 26 exceed the assessment ballots submitted in favor of
such assessments. In tabulating the assessment ballots, the assessment ballots shall be weighted
according to the proportional financial obligation of the affected property.
SECTION 7. Notice of Public Hearing The City Clerk is hereby directed to mail notice
pursuant to the Assessment Law of the public hearings and assessment ballot proceedings and the
adoption of the Resolution of Intention and of the filing of the Assessment Engineer's Report,
together with the assessment ballot materials, to the record owners of all real property located within
Unit 26 of the District proposed to be assessed.
1-~' ;;':
SECTION 8. Proceedings Inquiries For any and all information relating to these
proceedings, including information relating to protest procedure, your attention is directed to the
person designated below:
Elizabeth Chopp
Engineering Department
City ofChula Vista
276 Fourth Avenue
Chula Vista, Ca 91910
(619) 691-5258
Presented by
Approved as to form by
lA--- J1I'lc'r{~ -1f'-
John Kaheny
City Attorney
John P. Lippitt
Public Works Director
. I ./
(_. .'
EXHIBIT A
DESCRIPTION OF IMPROVEMENTS
The Improvements which confer a special benefit upon the property located in Unit 26 0 fthe
Maintenance District are generally described as:
. Landscaping and irrigation system improvements in the following public street median areas:
. Otay Lakes Road - EastLake Parkway east to 500 feet east of Salt Creek;
. EastLake Parkway - Eastlake Parkway to Hunte Parkway
. EastLake Drive - Otay Lakes Road to Clubhouse Drive
. Hunte Parkway - Otay Lakes Road to Clubhouse Drive
. EastLake Parkway - within the "Greens" SPA Boundary
. Clubhouse Drive - within the "Greens" SPA Boundary
. Greengate Drive - within the "Greens" SPA Boundary
. Greenview Drive - within the "Greens" SPA Boundary
. Masters Ridge Road - within the "Greens" SPA Boundary
. Silverado - within the "Greens" SPA Boundary
. Golfcrest Drive - within the "Greens" SPA Boundary
. Landscaping and irrigation system improvements in designated maintenance easements
adjacent to the following streets:
. EastLake Parkway - SR 125 to Otay Lake Road to Clubhouse Drive
. Otay Lakes Road - EastLake Parkway east to 3,200 feet east of Lane Avenue
(including pump station landscaping)
. EastLake Drive - Otay Lakes Road to Clubhouse Drive
. Hunte Parkway - Otay Lakes Road to Clubhouse Drive
. EastLake Parkway - within the "Greens" SPA Boundary
. Greengate Drive - within the "Greens" SPA Boundary
. Greenview Drive - within the "Greens" SPA Boundary
. Clubhouse Drive - within the "Greens" SPA Boundary
. Masters Ridge Road - within the "Greens" SPA Boundary
. Golfcrest Road - within the "Greens" SPA Boundary
. Silvarado - within the "Greens" SPA Boundary
. Golf Course - within the "Greens" SPA Boundary
,l,! -
c
.::J
COUNCIL AGENDA STATEMENT
Item C]
Meeting Date 10/10/00
ITEM TITLE: Resolution Accepting bids, rejecting low bid due to disparities in
bid proposal, waiving inconsequential bid deviation, and awarding contract
for for the "Palomar Street Sidewalk Improvements, between Fourth Avenue
and Fifth Avenue, in the City of Chula Vista, CA (STL-241)" project to the
second low bidder, Heffier Company, Inc., in the amount of $69,977.20
SUBMITTED BY: Director of Public Work~-/
REVIEWED BY: City Managerb? 90/ (4/5ths Vote: Yes No X )
At 2:00 p.m. on Wednesday, September 13, 2000, the Director of Public Works received sealed bids
for the "Palomar Street Sidewalk Improvements, Between Fourth Avenue and Fifth Avenue, in the
City of Chula Vista, CA (STL-241)" project. This project provides for the construction of new
sidewalk facilities and some pavement rehabilitation in front of the sidewalk on Palomar Street
between Fourth Avenue and Fifth Avenue. The work also includes all labor, material, equipment,
transportation and traffic control necessary for the project.
RECOMMENDATION:
I. That Council reject the bid submitted by the apparent low bidder for the "Palomar Street
Sidewalk Improvements, Between Fourth Avenue and Fifth Avenue, in the City of Chula
Vista, CA (STL-241)" project.
2. That Council accept bids, waive inconsequential bid deviation, and award the contract for the
"Palomar Street Sidewalk Improvements, Between Fourth Avenue and Fifth Avenue, in the
City of Chula Vista, CA (STL-241)" project to the second low bidder, Heffier Company,
Inc., in the amount of $69,977.20.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
General
This project provides for the construction of new sidewalk facilities and some pavement
rehabilitation in front of the sidewalk on Palomar Street between Fourth Avenue and Fifth Avenue.
Installation of sidewalk improvements will increase pedestrian safety and accessibility to the
Palomar High School and Lauderbach Elementary School. In combination with recently completed
Page 2, Item
Meeting Date 10/10/00
sidewalks in the area, this project will provide a safe walking route for students and other pedestrians
between the two schools and surrounding neighborhoods.
The work to be done consists of removal of existing asphalt berm and pavement, installation of PCC
curb, gutters, sidewalks, and driveways on Palomar Street between Fourth and Fifth Avenues in the
City of Chula Vista.
The work also includes excavation and grading, saw-cutting, asphalt concrete pavement, removal
and disposal of existing improvements, traffic control, protection and restoration of existing
improvements, other miscellaneous work, and all labor, material, equipment and transportation
necessary for the project.
Biddin~ Process
Engineering staff prepared plans and specifications and advertised the project. Staff received and
opened bids for the project on September 13, 2000.
Bids were received from seven (7) contractors to perform the work as follows (listed in order of
"Original Base Bid Amount"):
Contractor Original Base Bid Amount*Actual Base Bid Amount**
Frank & Son Paving, Inc. $49,369.00 $155,209.00
Heftier Company, Inc. $69,976.40 $69,977.20
MJC Construction $76,795.00 $76,795.00
Scheidel Contracting & Engineering $78,260.00 $78,260.00
Star Paving, Inc. $71,480.00 $84,485.00
New Century Construction, Inc. $87,098.00 $87,098.00
Pullman Engineering, Inc. $87,709.00 $87,709.00
*The "Original Base Bid Amount" reflects the total amount bid by the contractor as stated in their bid proposal.
**The "Actual Base Bid Amount" reflects the total amount bid by the contractor subsequent to a review of their bid
proposal by City staff.
The original low bid, submitted by Frank & Son Paving, Inc., is below the engineer's estimate of
$67,532.50 by $18,163.50 or 26.9%. However, subsequent to a review of said contractor's bid
proposal by City staff, disparities between the unit bid price shown in figures and words were
discovered at Items 10 and 11. The bid documents clearly state, "In case of disparity in the proposal
between the lump sum or unit bid price shown in figures and words, the unit bid price or lump sum
amount as stated in words shall prevail and take precedence". With this taken into account, the
original low bid submitted by Frank & Son Paving, Inc. was increased by $105,840.00, which
disqualified the contractor as low bidder for the project; their base bid grand total for the project is
now $155,209.00 which ranks as the highest bid received for the project. Based on this, staff
recommends that the original low bid, submitted by Frank & Son Paving, Inc., be rejected by
Council.
Page 3, Item
Meeting Date 10/10/00
Based on the disqualification of the original low bid for the project, the second low bid for the
project, submitted by Heftier Company, Inc., was reviewed by City staff for potential award of the
contract. The second low bid is above the engineer' s estimate of $67,532.50 by $2,444.70 or 3.6%.
The engineer's estimate was based on average unit prices received recently on similar types of
projects. It is staff's opinion that the bid submitted by the second low bidder is adequate and is
within an acceptable range of the engineer's estimate.
Engineering staff checked three references provided by Heftier Company, Inc. The references were
verified and their work has been satisfactory. Their Contractor's License No. 455145 is clear and
current. Staff, therefore, recommends awarding the contract to the second low bidder, Heftier
Company, Inc. of National City, California, in the amount of $69,977.20.
Inconsequential Bid Deviation
Subsequent to the City staff review of the bid proposal submitted by Heftier Company, Inc., an error
involving the calculation of a bid item was discovered. The bid item in question was Item 9 of the
bid proposal. The contractor had incorrectly multiplied the quantity provided in the bid proposal
with the unit cost provided by them; the correct figure should have been $7,940.80, but the
contractor had written $7,940.00. The difference between the two figures of $0.80 resulted in the
base bid grand total for the contractor being increased by said amount. The increase to the
contractor's base bid did not affect their bid amount status among the other contractors. Staff,
therefore, recommends that Council waive the minor inconsequential bid deviation and award the
contract to Heftier Company, Inc. of National City, California.
Disclosure Statement
Attached is a copy of the contractor's Disclosure Statement.
Environmental Status
The City's Environmental Review Coordinator has reviewed the work involved in this project
and has determined that the project is exempt under Section 15301, Class lc of the California
Environmental Quality Act (Minor Alterations of Existing Public Improvements or Public
Structures).
Prevailing Wage Statement
This project is funded through GASTAX and TDA funds. Based on the current project funding
guidelines, no prevailing wage requirements were necessary as part of the bid documents.
Page 4, Item
Meeting Date 10/10/00
Financial Statement
FUNDS REQUIRED FOR CONSTRUCTION
A. Contract Amount (Heftier Company, Inc.) $69,977.20
B. Contingencies (10%) $6,997.72
C. Staff Costs (Design, Inspection) $20,025.08
TOTAL FUNDS REQUIRED FOR CONSTRUCTION $97,000.00
FUNDS AVAILABLE FOR CONSTRUCTION
A. GASTAX $50,000.00
B. TDA $47,000.00
TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $97,000.00
The above action of awarding the contract will authorize a total expenditure of $97,000.00 from
the budgeted CIP project. After construction, only routine City maintenance will be required.
Attachment: Contractor's Disclosure Statement
H:\HOM E\ENGIN EER\AGENDA\STL241 A 113.get.doc
10/4/00 12:14:55 PM
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS, REJECTING LOW BID
DUE TO DISPARITIES IN BID PROPOSAL, WAIVING
INCONSEQUENTIAL BID DEVIATION, i~ND AWARDING
CONTRACT FOR THE "PALOMA~ STREET SIDEWALK
IMPROVEMENTS, BETWEEN FOURTH AVENUE AND FIFTH
AVENUE, IN THE CITY OF CHULA VISTA, CA. (STL-
241)" PROJECT TO THE SECOND LOW BIDDER,
HEFFLER COMPANY, INC. IN THE AMOUNT OF
$69,977.20
WHEREAS, at 2:00 p.m. on Wednesday, September 13, 2000,
the Director of Public Works received the following sealed bids for
the "Palomar Street Sidewalk Improvements, Between Fourth Avenue
and Fifth Avenue, in the City of Chula Vista, CA (STL-241)"
project:
Contractor OriginaIBase Bid Amoun~[* Actual Base Bid Amount**
Frank & Son Paving, Inc. $49,369.00 $155,209.00
Heftier Company, Inc. $69,976.40 $69,977.20
MJC Construction $76,795.00 $76,795.00
Schei~lel Comracting & Engineering $78,260.00 $78,260500
Star Paving, Inc. $71,480.00 $84,485.00
New Century Construction, Inc. $87,098.00 $87,098.00
Pullman Engineering, Inc. $87,709.00 $87,709.00
*The "Original Base Bid Amount" reflects the total amount bid by the contractor as stated in their bid proposal.
**The "Actual Base Bid Amount" reflects the total amount bid by the contractor subsequent to a review of their bid
proposal by City staff.
WHEREAS, the original low bid, submitted by Frank & Son
Paving, Inc., is below the engineer's estimate of $67,532.50 by
$18,163.50 or 26.9%; and
WHEREAS, subsequent to a review of said contractor's bid
proposal by City staff, disparities between the unit bid price
shown in figures and words were discovered at Items 10 and 11 in
that the bid documents clearly state, "In case of disparity in the
proposal between tDe lump sum or unit bid price shown in figures
and words, the Unit Did price or lump sum amount as stated in words
shall prevail and take precedence"; and
WHEREAS, with this taken into account, the original low
bid submitted by Frank & Son Paving, Inc. was increased by
$105,840.00, which disqualified the contractor as low bidder for
the project; their base bid grand total for the project is now
$155,209.00 which ranks as the highest bid received for the
project; and
WHEREAS, based on this, staff recommends that the
original low bid, submitted by Frank & Son Paving, Inc., be
rejected by Council; and
WHEREAS, based on the disqualification of the original
low bid for the project, the second low bid for the project,
submitted by Heffler Company, Inc., was reviewed by City staff for
potential award of the contract; and
WHEREAS, the second low bid is above the engineer's
estimate of $67,532.50 by $2,444.70 or 3.6%. and it is staff's
opinion that the bid submitted by the second low bidder is adequate
and is within an acceptable range of the engineer's estimate; and
WHEREAS, Engineering staff checked three references
provided by Heffler Company, Inc. and verified and their work has
been satisfactory and recommends awarding the contract to the
second low bidder, Heffler Company, Inc. of National City,
California, in the amount of $69,977.20; and
WHEREAS, subsequent to the City staff review of the bid
proposal submitted by Heffler Company, Inc., an error involving the
calculation of a bid Item 9 was discovered wherein the contractor
incorrectly multiplied the quantity provided in the bid proposal
with the unit cost provided by them; the correct figure should have
been $7,940.80, but the contractor had written $7,940.00; and
WHEREAS, the difference between the two figures of $0.80
resulted in the base bid grand total for the contractor being
increased by said amount and the increase did not affect their bid
amount status among the other contractors and staff, therefore,
recommends that Council waive the minor inconsequential bid
deviation and award the contract to Heffler Company, Inc. of
National City, California; and
WHEREAS, the City's Environmental Review Coordinator has
reviewed the work involved in this project and has determined that
the project is exempt under Section 15301, Class lc of the
California Environmental Quality Act (Minor Alterations of Existing
2
Public Improvements or Public Structures); and
WHEREAS, this project is funded through GASTAX and TDA
funds and based on the current project funding guidelines, no
prevailing wage requirements were necessary as part of the bid
documents.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby reject the low bid of Frank & Son
Paving, Inc. due to disparities in the bid proposal.
BE IT FURTHER RESOLVED that the City Council does hereby
accept the bids for the Palomar Street Sidewalk Improvements,
between Fourth Avenue and Fifth Avenue, waive inconsequential bid
deviations and award the contract to the second low bidder, ~effler
Company, Inc. In the amount of $69,977.20.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista is hereby authorized and directed to execute said
contract for and on behalf of the city of Chula vista.
Presented by Approved as to form by
John P. Lippitt Joh~M. Kah~y/
Director of Public Works City Attorney
[H/H OM E/ATTORNEY\RESO\Palomar Street Bid (October 3, 2000 (8:17am)]
3
COUNCIL AGENDA STATEMENT
Item l~
Meeting Date 10/10/00
ITEM TITLE: Ordinance Establishing a 45 MPH speed limit on Proctor Valley
Road between Mount Miguel Road and Hunte Parkway, establishing a 45
MPH speed limit on Hunte Parkway between Proctor Valley Road and Otay
Lakes Road, establishing a 25 MPH speed limit on Mackenzie Creek Road
between Mount Miguel Road and Lane Avenue and adding these roadway
segments to Schedule X of a register maintained by the Office of the City
Engineer.
SUBMITTED BY: Director of Public Work
REVIEWED BY: City Manager ~[2~ . (4/Sths Vote: Yes__ No X )
Based on the provisions of Chapter 7, Article 1 of the California Vehicle Code (CVC), and pursuant
to authority under the Chula Vista Municipal Code Section 10.48.020, the City Engineer has
determined that in the interest of minimizing traffic hazards and traffic congestion, and for the
promotion of public safety, the speed limit on Proctor Valley Road between Mount Miguel Road and
Hunte Parkway be established at 45 MPH, the speed limit on Hunte Parkway between Proctor Valley
Road and Otay Lakes Road be established at 45 MPH and the speed limit on Mackenzie Creek Road
between Mount Miguel Road and Lane Avenue be established at 25 MPH. These speed limits will
be added to Schedule X of the register maintained in the Office of the City Engineer.
RECOMMENDATION: That the City Council adopt the ordinance establishing the speed limit
on Proctor Valley Road between Mount Miguel Road and Hunte Parkway at 45 MPH, the speed
limit on Hunte Parkway between Proctor Valley Road and Otay Lakes Road at 45 MPH and the
speed limit on Mackenzie Creek Road between Mount Miguel Road and Lane Avenue at 25 MPH.
Also directing that these speed limits be added to Schedule X of the register maintained in the Office
of the City Engineer.
BOARDS AND COMMISSIONS RECOMMENDATION: The Safety Commission, at their
meeting of September 14, 2000 voted MSC (McAlister/Lopez) 5-0-2 with Commissioners
Cochrane and White absent, to accept staff's report thereby concurring with the recommendation
that the City Council adopt an ordinance establishing the speed limit on Proctor Valley Road
between Mount Miguel Road and Hunte Parkway at 45 MPH, the speed limit on Hunte Parkway
between Proctor Valley Road and Otay Lakes Road at 45 MPH and the speed limit on Mackenzie
Creek Road between Mount Miguel Road and Lane Avenue at 25 MPH. The Commission also
recommended directing that these speed limits be added to Schedule X of the register maintained in
the Office of the City Engineer.
Page 2, Item
Meeting Date 10/10/00
DISCUSSION:
The City Engineer has determined a posted speed limit is needed on various new highways
recently constructed by developers and described in the title of the agenda statement. An
Engineering/Traffic Survey must be conducted within seven years in order for law enforcement
officers to enforce the posted speed limit, where enforcement involves the use of radar or other
electronic speed measuring devices. The required survey was conducted in August 2000.
Speed limits should be established preferably at or below the 85th percentile speed in increments
of 5 MPH. The 85th percentile speed is defined as that speed at or below which 85 percent of the
traffic is moving. However, in considering existing conditions with the traffic safety needs of the
community or where unusual conditions exist which are not readily apparent to drivers, speed
limits of 5 MPH below the 85th percentile may be warranted. The establishment of a speed limit
of more than 5 MPH below the 85th percentile speed should be done with great care as may make
violators of a disproportionate number of the reasonable majority of drivers. In determining the
speed limit which is most appropriate to facilitate the orderly movement of traffic and is
reasonable and safe, important factors are: prevailing speeds, unexpected conditions, and accident
records. Speed limits higher than the 85th percentile are not generally considered reasonable and
safe. Speed limits set at or slightly below the 85th percentile speed provide law enforcement
officers with a means of controlling the drivers who will not conform to what the majority
considers reasonable and prudent.
Proctor Valley Road in this area is a 104' wide 6-lane Prime Arterial with a 16~ raised median.
Bike lanes exist on both sides of the roadway. No parking is allowed within this segment, which
is 1.0 mile in length. The Average Daily Traffic (ADT) is 3800 vehicles and the accident rate on
this segment is 0.72 (accidents per million vehicles miles) which is lower than the average of 2.28
for similar divided State highways in California.
Hunte Parkway in this area is a 4-lane major street. It is an 80-foot wide curb-to-curb roadway
with four lanes (two lanes in each direction and a 16' raised median). This segment has bike lanes
on both sides. Parking is not allowed within this segment, which is 1. ! miles in length. The
current ADT is 1200 vehicles and the accident rate on this segment is 4.58/mvm, which is higher
than the average of 2.28 for similar divided Stale highways in California.
Mackenzie Creek Road in this area is a 2-lane Class III residential collector, 40 feet in width curb-
to-curb. The segment is 3100 feet (0.60 miles) long and parking is allowed along both sides of
the roadway. The ADT is 1,517 vehicles. The roadway segment was recently constructed;
therefore, no accident data has been established. Mackenzie Creek Road transverses in front ora
regional park and an elementary school.
Page 3, Item
Meeting Date 10/10/00
According to the Engineering/Traffic Surveys conducted in August 2000, the 85th percentile
speeds are 47 MPH, 48 MPH, and 29 MPH respectively. CVC Sections 22357 and 22358
authorize local authorities to establish prima facie speed limits on streets under their jurisdiction,
on the basis of an engineering and traffic survey. Based upon the criteria that the speed limit be
set at or below the 85th percentile in 5 MPH increments, the speed limits on these street segments
shall be set at 45 MPH, 45 MPH, and 25 MPH respectively. It is recommended that Schedule X
be revised as follows:
Schedule X - Establishing Speed Limits in Certain Areas
Name of Street Beginning At Ending At Proposed Speed Limit
Proctor Valley Road Mount Miguel Road Hunte Parkway 45 MPH
Hunte Parkway Proctor Valley Road Otay Lakes Road 45 MPH
Mackenzie Creek Road Mount Miguel Road Lane Avenue 25 MPH
FISCAL IMPACT: The cost to place signs and pavement legends is $450, which has already
been obtained from the developers.
Attachments: Area Plat
Engineering and Traffic Surveys
File No.: 0760-95-CY029
H:\HOME\ENGINEER\AGENDA\ROHISPED dww.doc
9/28/00 12:22:23 PM
,//
SPEED LIMIT - ENGINEERING/TRAFFIC SURVEY
STREET: Proctor Valley Road
LIMITS: Mt. Miguel Road - Hunte Parkway
Length of Segment(ft): 5094'(.96mile) along eenterline
Existing Posted Limit (mph): Not Posted
SUMMARY OF SPEED SURVEYS
Segment: Proctor Valley Road (Mt. Miguel Rd. - Hunte Pkwy)
Date Taken: 08/17/2000
No. of Vehicles on Sample (cars): 100
85ta Percentile (mph): 47mph
Range of Speeds Recorded (mph): 37-51mph
ROADWAY CHARACTERISTICS
Width fit): 100-111' curb to curb (with raised median)
Total No. of Lanes: 6 total lanes (3 per direction with left turn pockets)
Horizontal Alignment: 2000' radius over 627' along the centerline.
Vertical AHgnment: Grade difference of 6.00% to -2.46% over 1600' along centerline.
TRAFFIC CltARACTERISTICS
Average Daily Traffic: 3,800 (year 2000 counts)
On-Street Parking: Not Allowed (Bicycle lanes along both sides of segment)
Special Conditions: None.
Accident History: 2 total Accidents have been reported producing an accident rate of 0.72.
SURVEY RESULTS
Study was Prepared by: Patrick Moneda
Date: 08/23/2000 ~.~- -~ ~----.',.
Recommendation: Post 45mph Speed Limit
Date Recommendation Approved: 08/28/2000 "/":'
By: Majed A. Al-Ghafrg, P.E., T.E.
Approved Speed Limit (mph): 45mph " -.
Per CVC 40803, Survey Expires: 08/17/2007 - : ".: ~:'. : '~:-~? 7:i ~::
H:XHOME~ENGINEER\TRAFFICXSpeed_Surveys~Speed Limit Survey~SPDLMTProctor. DOC
CITY OF CHULA VISTA - VEHICLE SPEED SURVEY
SEGMENT UNDER STUDY PROCTOR VALLEY RD. (MT. MIGUEL RD. - HUNTE PKWY)
DATE 811712000 SURVEY SITE 100' E OF ROCKING HORSE DR. POSTED SPEED
TIME START 11:15AM AM/PM TIME END 12:05 PM AM/PM WEATHER CLEAR
DIRECTION: EAST = O WEST = /
MPH 5 lO ~5 2c TOTAL % CUM %
60
59
58
57
56
55
53
52
51 O 1 1 100
50 O \ \ 3 3 99
49 O O \ \ \ 5 5 96
48 O O \ \ \\ 6 6 91
47 0 0 0 0 0 \ \ \ \ \ 10 10 85
46 0 0 0 0 0 :0 \ \ \ \ \ \ \ 13 13 75
45 0 0 0 0 0 0 0 \ \ \ \ \ 12 12 62
~ 44 0 0 0 0 0 0 0 \ \ \ \ \ \ 13 13 50
43 0 0 0 0 0 Oi \ \ \ \ 10 10 37
42 0 0 0 0 \ \ \ \ \ 9 9 27
41 0 0 0 0 \ \ 6 6 18
40 0 0 \ \ \ 5 5 12
39 0 0 \ 3 3 7
38 0 \ 2 2 4
37 \ \ 2 2 2
36
35
34
33
32
31
30
29
28
27
26
25
24
23
22
iRECORDER: PATRICKMONEDA TOTAL NUMBER OF VEHICLES: 100
H:\HOME\ENGINEER\TRAFFIC\Speed_Surveys\CHART PVR.xls
SPEED LIMIT - ENGINEERING/TRAFFIC SURVEY
STREET: Hunte Parkway
LIMITS: Otay Lakes Road - Proctor Valley Road
Length of Segment(ft): 5,719' (1.08mile) along centerline
Existing Posted Limit (mph): Not Posted
SUMMARY OF SPEED SURVEYS
Segment: Otay Lakes Road - Proctor Valley Road
Date Taken: 8/17/2000
No. of Vehicles on Sample (cars): 100
85tb Percentile (mph): 48mph
Range of Speeds Recorded (mph): 37-52mph
ROADWAY CHARACTERISTICS
Width (ft): 80' curb to curb (with 16' raised median)
Total No. of Lanes: 4 total lanes (2 per direction with left turn pockets)
Horizontal Alignment: 1,250' radius of curvature over 800' alon~ centerline.
Vertical Alignment: Grade difference of-3.93% to 2.29% over 600' along centerline.
TR_&FFIC CHARACTERISTICS
Average Daily Traffic: 1,196 (year 2000 counts)
On-Street Parking: Not allowed. (Bicycle lanes alon~ both sides of se~cnent)
Special Conditions: None.
Accident History: 6 total Accidents have been reported producing an accident rate of 4.58
SURVEY RESULTS
Study was Prepared by: Paltick Moneda
Date: 8/23/2000
Recommendation: Post 45mph Speed Limit
Date Recommendation Approved: 8/28/2000
By: Majed A. AI-Ghafi% P.E., T.E.
Approved Speed Limit (mph): 45mph
Per CVC 40803, Survey Expires: 8/17/2007
~, ~ ~.,' .
H:hHomekEngineer\Traffic~Speed_SurveyskSpeed Limit Sun,eys\SPDLMTHunte. DOC
- CITY OF CHULA VISTA - VEHICLE SPEED SURVEY
SEGMENT UNDER STUDY HUNTE PKWY (OTAY LAKES RD, - PROCTOR VALLEY RD.)
DATE 8117/2000 SURVEY SITE MIDPOINT OF SEGMENT POSTED SPEED
TIME START 12:10PM AM/PM TIME END 1:45PM AM/PM WEATHER CLEAR
DIRECTION: NORTH = O SOUTH = /
MPH 5 lo 15 2o TOTAL % CUM %
60
59
58
57
56
55
53
52 \ 1 1 1 O0
51 \ 0 2 2 99
50 \ \ 0 3 3 97
49 \ \ 0 0 0 0 6 6 94
48 \ \ \ O O O O O O O 10 10 88
47 \ \ \ \ O O O O O 9 9 78
46 \ \ \ \ \ \ O O O O 10 10 69
45 \ \ \ \ \ \ O O O 9 9 59
~ 44 \" \ \ \ \ O O O O O 10 10 50
43 \ \ \ \ O O O O O O 10 10 40
42 \ \ \ \ \ O O O O 9 9 30
41 \ \ \ O O O O 7 7 21
40 \ \ \ \ 0 0 6 6 14
39 \ \ O 3 3 8
38 \ O O 3 3 5
37 \ O 2 2 2
36
35
34
33
32
31
30
29
28
27
26
25
24
23
22
~RECORDER: PATRICK MONEDA TOTAL NUMBER OF VEHICLES: 100
H:\HOME\ENGINEER\TRAFFIC\Speed_Surveys\CHART HUNTE.xls
SPEED LIMIT - ENGINEERING/TRAFFIC SURVEY
STREET: Mackenzie Creek Road
LIMITS: Mt. Misuel Road - Lane Avenue
Length of Segment(ft): 3,269' (.62mile) along centerline
Existing Posted Limit (mph): Not Posted
SUMMARY OF SPEED SURVEYS
Segment: Mt. Miguel Road - Lane Avenue
Date Taken: 8/18/2000
No. of Vehicles on Sample (cars): 100
85th Percentile (mph): 29mph
Range of Speeds Recorded (mph): 20-34mph
ROADWAY CHARACTERISTICS
Width (ft): 40' curb to curb
Total No. of Lanes: 2 total lanes (1 per direction)
Horizontal Alignment: 450' radius over 495' along the centerline.
Vertical Alignment: Grade difference of-3.93% to 2.29% over 600' along the centerline.
TRAFFIC CHARACTERISTICS
Average Daily Traffic: 1,517 (year 2000 counts) On-Street Parking: Allowed
Special Conditions: Residential Area with direct roadway access. Elementary school and future site
for public park is located on the northerly side of the street.
Accident History: None
SURVEY RESULTS
Study was Prepared by: Patrick Moneda
Date: 8/23/2000
Recommendation: Post 25mph Speed Limit
Date Recommendation Approved: 8/31/2000
By: Majed A. A1-Ghafi3,, P.E.. T.E.
Approved Speed Limit (mph): 25mph
\
Per crc 40803, Surv? Expires: 8/18/2007
H:LHOME'~ENGINEER\TRAFFIC\Speed_Surveys\Speed Limit Surveys\SPDLMTMackenzie. DOC
CITY OF CHULA VISTA - VEHICLE SPEED SURVEY
SEGMENT UNDER STUDY MACKENZIE CREEK ROAD
DATE 8/18/2000 SURVEY SITE 200' WEST OF SCHOOL ENTRANCE POSTED SPEED_25~M
TIME START 11:15 AM AM/PM TIME END 12:40 PM AM/PM WEATHER CLEAR
DIRECTION: EAST = O WEST = /
MPH $ lO 15 20 TOTAL % CUM %
45
44
43
42
41
40
39
38
37
36
35
34 O 1 1 100
33 O 1 1 99
32 \ \ \ 3 3 98
31 \ 0 0 3 3 95
30 \ \ \ \ 0 0 6 6 @2
29 \ \ \ \ 0 0 0 0 0 9 9 86
28 \ \ \ \ 0 0 0 0 0 0 10 10 77
27 \ \ \ \ \ \ 0 0 0 0 0 0 12 12 67
26 \ \ \\ \ 0 0 0 0 0 0 0 12 12 55
25 \ \ \ \ \ \ \ \ 0 0 0 0 O 13 13 43
24 \ \ \ \ \ 0 O, Q 0 0 10 10 30
23 \ \ \ \ 0 0 0 0 8 8 20
22 \ \ \ 0 0 0 6 6 12
21 \ \ 0 0~ 0 5 5 6
20 \ 1 1 1
19
18
17
16
~5 I
14
13
12
11
10
9
8
7
~RECORDER: DANIEL COHEN tOTAL NUMBER OF VEHICLES: 100
H:\HOME\ENGIN EER',TRAFFIC\Speed_Surveys\CHART MACKENZIECRK
ORDINANCE NO.
AN ORDINANCE ESTABLISHING A 45 MPH SPEED LIMIT
ON PROCTOR VALLEY ROAD BETWEEN MOUNT MIGUEL
ROAD AND HUNTE PARKWAY ESTABLISHING A 45 MPH
SPEED LIMIT ON HUNTE PARKWAY BETWEEN PROCTOR
VALLEY ROAD AND OTAY LAKES ROAD, ESTABLISHING
A 25 MPH SPEED LIMIT ON MACKENZIE CREEK ROAD
BETWEEN MOUNT MIGUEL ROAD AND LANE AVENUE AND
ADDING THESE ROADWAY SEGMENTS TO SCHEDULE X OF
A REGISTER AS MAINTAINED BY THE OFFICE OF THE
CITY ENGINEER
WHEREAS, based on the provisions of Chapter 7, Article 1
of the California Vehicle Code, and pursuant to authority under the
Chula Vista Municipal Code Section 10.48.020, the City Engineer has
determined that in the interest of minimizing traffic hazards and
traffic congestion, and for the promotion of public safety, the
speed limit on Proctor Valley Road between Mount Miguel Road and
Hunte Parkway be established at 45 MPH, the speed limit on Hunte
Parkway between Proctor Valley Road and Otay Lakes Road be
established at 45 MPH and the speed limit on Mackenzie Creek Road
between Mount Miguel Road and Lane Avenue be established at 25 MPH;
and
WHEREAS, a engineering and traffic study, as required by
State Law, has been conducted and it has been determined that the
appropriate speed in this area is to be posted at 45 MPH and 25
MPH, respectively.
NOW, THEREFORE, the City Council of the City of Chula
Vista does ordain as follows:
SECTION I: That Schedule X of a Register of Schedules
maintained by the City Engineer as provided in Section 10.48.020 of
the Chula Vista Municipal Code, Established Speed Limits in Certain
Zones and Establishing a Speed Limit of 45 MPH on Proctor Valley
Road between Mount Miguel Road and Hunte Parkway, establishing a 45
MPH speed limit on Hunte Parkway between Proctor Valley Road and
Otay Lakes Road and establishing a 25 MPH limit on Mackenzie Creek
Road between Mount Miguel Road and Lane Avenue adding these roadway
segments to Schedule X, is hereby amended to include the following
changes:
Chula Vista Municipal Code Section 10.48.020 - SCHEDULE X
ESTD~BLISHED SPEED LIMITS IN CERTAIN ZONES
Name of Street Beqinninq At Endinq At Proposed
Speed Limit
Proctor Valley Mount Miguel Hunte Parkway 45 MPH
Road Road
Hunte Parkway Proctor Valley Otay Lakes 45 MPH
Road Road
Mackenzie Mount Miguel Lane Avenue 25 MPH
Creek Road Road
SECTION II: This ordinance shall take effect and be in
full force on the thirtieth day from and after its adoption.
Presented by Approved as to form by
John P. Lippitt, Director of J~n ~{.
Public Works ~orney
H: ~home~ lot raine \OR\ SPEED. EST
2
COUNCIL AGENDA STATEMENT
Item Il
Meeting Date 10/10/00
ITEM TITI,E: Re~olution Approv~n~ a Parcel Map {'or Ter~,ati,~e Parcel MapN~
00-09, acknowledging on behalf of the City of Chula Vista the irrevocable
offer of dedication of fee interest for open space and other public purposes as
shown on said map within said subdivision, and vacating an Irrevocable Offer
of Dedication of Fee Interest to the City of Chula Vista over Lot "C" of Map
No. 13706.
SUBMITTED BY: Director of Public Works ~
REVIEWED BY: City Manager ~ v>
(4/5ths Vote: Yes No X)
The proposed Parcel Map will adjust the property line between two existing parcels in the McMillin
Otay Ranch project with no new lots being created. Final planning and design efforts for the
proposed subdivision require minor adjustments to residential Lot 42 and open space Lot C of Map
No. 13706. By approving the proposed map, Council will vacate the IOD for the open space lot
within the proposed map and replace it with an IOD consistent with the new lot configuration. In
accordance with Section 7050 of the California Government Code and Chapter 4, Section 8335 of
the California Streets and Highways Code, this type of vacation may be performed summarily
through adoption of a resolution.
RECOMMENDATION: That Council adopt the Resolution approving the Parcel Map for
Tentative Parcel Map No. 00-09.
BOARDS/COMMISSIONS RECOMMENDATION: None.
DISCUSSION:
On December 5, 1998, by Resolution 19298, City Council approved the McMillin Otay Ranch SPA
One Phase 1, Unit 3 Map, Chula Vista Tract No. 97-02 (Map No. 13706) and included the dedication
of Lot "C' for Open Space and Other Public Purposes to the City of Chula Vista. The City Clerk
acknowledged on behalf of the City of Chula Vista the IOD for Lot "C", noting that section 7050 of
the Government Code for the State of California provided that an Offer of Dedication shall remain
open and subject t to future acceptance by the City. On September 1, 2000, McMillin sold Lot 42 of
Map No. 13706, to Sean P. Moone and Milicent Moone (Moones). Final planning and design efforts
for the proposed residential lot in Parcel A of the proposed parcel map ("Parcel Map") resulted in
minor changes in the configuration of the adjacent open space lot. As a result, McMillin and the
Moones have requested that the City process a parcel map (Attachment 1) for adjusting the
boundaries between the two lots of Map No. 13706. Parcel maps offer a simple and clean alternative
for accomplishing lot line adjustments when no new parcels are created. The other alternative is to
Page 2, Item__
Meeting Date 10/10/00
process a lot line adjustment plat (which is not recorded) and record deeds for the properties being
adjusted. The property owners prefer to process and record a parcel map depicting the boundaries of
the new parcels instead of having multiple deeds recorded.
Approval of this Map constitutes the vacation of the IOD for open space lot C of Map No. 13706. It
will be replaced by a new IOD for open space (Parcel B) granted on the Parcel Map. This Open
Space Lot swap will result in a net reduction of 0.002 acres of open space. The small portion of
open space being vacated does not contain any public facilities or easements. The Parcel Map has
been reviewed by the Department of Public Works and the Planning and Building Department and is
considered ready for Council approval. Typically, parcel maps are approved by staff. In this
instance, staffconsidered it necessary to bring this map to Council due to proposed vacation (on the
map) of an IOD for an open space lot, which needs Council action. The Master Homeowners
Association (MHOA) for McMillin Otay Ranch owns and currently maintains Lot C of Map No.
13706. An IOD was dedicated as a backup measure for the City to be able to provide basic
maintenance, in the event that the MHOA does not fulfill its maintenance obligations.
In accordance with Section 7050 of the California Government Code and Chapter 4, Section 8334 of
the California Streets and Highways code, Council needs to make the following findings, which will
be incorporated in the proposed resolution.
The vacated open space area is not necessary for present or prospective public use.
There are no public facilities within the area and this summary vacation will not
terminate any public service easements.
Staff and the City Attomey's Office have reviewed the proposed vacation and consider it ready for
Council approval.
FISCAL IMPACT: None to the General Fund. All cost associated with processing the Parcel Map
will be reimbursed from developer deposits.
Attachments: Attachment 1 - Plat of Parcel Map
Attachment 2 - Disclosure Statement
H:\HOM E\ENGINEER~LANDDEV~OTAY RANCH-MCMILLIN~EP233 A113 FINAL REVISION 3.DOC
Attachment I
RICK ENGINEERING COMPANY , LOTLINEADJUSTht£NTOF
CIVIL ENGINEERS. SURVEYORS, PLANNERS LOTS 42 ,~ 'C" OF
5B20 FR!~D,S ROAD. SAN DIEGO I McMILLINOTAY~NCHSPA 1
CA. ac r,_~ PHONE;
~11~ _s96 (6iS> 29FC, T07 PH~E 1 UNITNO. 3
~ ~ TP~CTP7-02
ATTACHMENT _ ~
THE CiTY OF CHULA VISTA DISCLOSURE STATEMENT
Pursuant to Council Policy 101-01, prior to any action upon matters which will require discretionary action by the Council,
Planning 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 thc 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 trnstor of the trust.
4. Please identify every person, including any agents, employees, consultants, or independent contractors you have
assigned to represem you before the City in this matter?
5. Has any.~erson* associated with this contract had any financial dealings with an official** of the Ci~ of Chub
Vista as it relates to ~is contract wi~in the past 12 monks. Yes No ~
If 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 twelves(12) months to a current member of the
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 moreJlaan $1,000&over the past f,our (4) years to a current member of the
Chula Vista City Council? Yes No v ~ Cttt~tl::~ 10w
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 twelve ! 1~,,) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.)
Yes No v
If Yes, which official** and what was the nature of item provided?
Sign* ~ of Co~:or/Applicant ,
Print o{ t~nam~ of Cgntr~ctor/6~[~cant
* Person is defined as: ~y J~dJvidy~, ~Tm, co-p~nership, joint venture, ass~iation, s~i~ club, frate~ org~zatioa,
co.ration, estate, ~t, receiver, s~dica~, ~y o~er co~, ci~, m~cip~i~, district, or o~er politJe~ subdivision, -or
~y o~er group or comb~tioa act~g as a ~it.
** O~ci~ ~eludes, but is not li~ted to: Mayor, Co.cJI member, Pl~g Commissioner, Member of a ~d, co~ission,
or committee of ~e Ci~, employee, or staff members.
H:\HOME\ENGINEER~ADMIN\CONTRACTXSTL25200.23 (Boiler Min)
//-:
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A PARCEL MAP FOR
TENTATIVE PARCEL MAP NO. 00-09, ACKNOWLEDGING
ON BEHALF OF THE CITY OF CHULA VISTA THE
iRREVOCABLE OFPER OF DEDICATION (IOD) OF FEE
INTEREST FOR OPEN SPACE AND OTHER PUBLIC
PURPOSES AS SHOWN ON SAID MAP WITHIN SAID
SUBDIVISION, P-ND VACATING AN IRREVOCABLE
OFFER OF DEDICATION OF FEE INTEREST TO THE
CITY OF CHULA VISTA OVER LOT "C" OF Map No.
13706
WHEREAS, McMillin Otay Ranch dedicated Lot C of Map No.
13706 as open space; and
WHEREAS, the proposed Parcel Map will adjust the property
line between two existing parcels in the McMillin Otay Ranch
project with no new lots being created; and
WHEREAS, final planning and design efforts for the
proposed subdivision require minor adjustments to residential Lot
42 and open space Lot C of Map No. 13706; and
WHEREAS, the portion of Lot C to be vacated is not
necessary for public use and that portion does not contain public
facilities; and
WHEREAS, by approving the proposed map, Council will
vacate the IOD for the open space Lot C of Map No. 13706 within the
proposed map and replace it with an IOD consistent with the new lot
configuration.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby approve a Parcel Map for Tentative
parcel Map No. 00-09, acknowledging on behalf of the City of Chula
Vista the Irrevocable Offer of Dedication of Fee Interest for open
space and other public purposes as shown on said map within said
subdivision and vacating an Irrevocable Offer of Dedication of Fee
Interest to the City of Chula Vista over Lot "C" of Map No. 13706.
Presented by Approved as to form by
John P. Lippitt Joh~/~.~eny
Director of Public Works City Attorney
COUNCIL AGENDA STATEMENT
item
Meeting Oate 10/10/00
ITEM TITLE: A) Resolution Approving the Final Maps and
Subdivision Improvement Agreements for Chula Vista Tract 90-07,
Sunbow II, Phase 2A, Units 8, 9, 10 and 12 and Phase 2B Units 7 and
11. Accepting on Behalf of the City of Chula Vista the General Utility
and Access Easements, Drainage, Sewer and Storm Drain Easements,
Tree Planting and Maintenance Easemems, Landscape Buffer
Easements, Wall Maintenance Easements, Granted on said maps within
said Subdivision, Accepting on behalf of the Public, all Streets Granted
on said maps within said subdivisions, Acknowledging on Behalf of the
Public the Irrevocable Offer of Dedication of Fee Interest of designated
land for Open Space and Other Public Purposes and approving
Subdivision Improvement Agreements for the completion of
improvements required by said subdivisions, and authorizing the
Mayor to Execute Said Agreements
B) Resolution Approving Supplemental Subdivision
Improvement Agreement for Chula Vista Tract 90-07, Sunbow II,
Phase 2A, Units 8, 9, 10 and 12 and Phase 2B Units 7 and 11
requiring Developer to comply with certain unfulfilled conditions of
Resolutions Numbered 15640 and 17177 and authorizing the Mayor to
Execute Said Agreement
/
8rJl~t4'r?~'gD BY: Director of Public Works~K-~
REVIEWED BY: City Manager ¢'k (4/Sths Vote: Yes No X )
On May 22, 1990, by Resolution No. 15640, the City Council conditionally approved the Tentative
Subdivision Map for Chula Vista Tract 90-07, Sunbow II (Attachment 1). On that tentative map,
unit boundaries were delineated. On July 20, 1993, by Resolution No. 17177 (Attachment 2), the
City Council affirmed a Planning Commission resolution to approve a one-year Tentative Subdivision
Map extension. The Final Map, Subdivision Improvement Agreement, and Supplemental
Subdivision Improvement Agreement for Phase 2A, Units 8, 9, 10 and 12, and Phase 2B, Units 7
and 11 are now before Council for consideration and approval.
RECOMMENDATION: That Council approve the resolutions approving: (A) the Final Maps and
Subdivision Improvement Agreements; and (B) the Supplemental Subdivision Improvement
Agreement.
BOARDS/COMMISSIONS RECOMMENDATION: N/A.
Page 2, Item ~/~
Meeting Date 10110/00
DISCUSSION:
Final Map and Associated Improvement Agreements
Phase 2A of the Sunbow II Project is generally located north of East Palomar Street and east and
west of Pasco Ladera. Phase 2B is south of East Palomar and east of Pasco Ladera (see Attachment
3).
The Final Map for Chula Vista Tract 90-07, Sunbow II, Phase 2A, Units 8, 9, 10 and 12 consists of:
a. 237 Single Family residential lots (Lots 1 through 237). These lots represent Unit 8 (Lots
142 through 145 and 174 through 224), Unit 9 (Lots 112 through 141, 146 through 173
and 225 through 237)and Unit 10 (Lots 1 through 111), respectively;
b. One Multi-family site (Lot 238) located at the northern boundary of thc subdivision west
of Pasco Ladcra. This lot represents Units 12 as shown on the Tentative Map;
c. Four (4) Open Space lots (Lots "D", "Q", "U" and "R") which have been offered for
dedication in fcc interest on thc map for open space and a drainage detention basin will be
accepted on behalf of the City of Chula Vista when improvements have bccn completed
and after a 5-year maintenance period.
Phase 2B, Units 7 and 11
a. 112 Single Family residential lots (Lots 1 through 112) all in Unit 7.
b. One 10.61 acre elementary school site - Lot "V", represents Unit 11 on the Tentative
Map.
c. Three (3) Open Space lots (Lots "K", "P" and "PP") which have been offered for
dedication in fee interest on the map for open space will bc accepted on behalf of thc City
of Chula Vista when improvements have been completed and after a 5-year maintenance
period.
No. of Number of Lots for Open Space or Total
Final Maps Single Other Public Uses/Acreage Acreage
F~mily Units
UNIT 8 (55 sO, UNIT 9 (77 349 7/46.73 131.859
sO, UNIT 10 (111 sO and
UNIT 7 (112 sO
MULTI-FA~LY 1 1 / 13.751 13.751
UNIT 11
~t "V' SCHOOL 1/10.608 10.608
TOTAL 156~218
Page 3, Item /~'~-
Meeting Date 10/10/00
The Final Map for said subdivision has been reviewed by the Public Works and Planning
Departments and found to be in substantial conformance with the approved Tentative Subdivision
Map. Approval of the Final Map constitutes acceptance by the City of all drainage, sewer, tree
planting and maintenance, landscape buffer, wall easements, general utility and access easements
within the subdivision. Approval of the map also constitutes acceptance, on behalf of the public
portions of the right of way for East Palomar Street and Paseo Ladera together with Steiner Drive,
Rigley Street, Dawson Drive, Roush Drive, Sullivan Court, Isom Court, Newport Court, Downey
Court, Roush Court, Stewart Court, Stefas Court, Lucero Court, Givens Street, Higgins Street
within (Phase 2A) and Taber Court, Taber Drive, Wise Street, Pappas Court, De La Toba Road,
Welch Place, Israel Court (Phase 2B) all as shown on the final maps for the proposed subdivision.
Approval of the maps also constitutes acceptance of a ten foot-wide general utility and general access
easement within all Open Space Lots adjacent to streets for the installation and maintenance of public
utilities, noting that use of said easement by others is subject to written permission and issuance of an
Encroachment Permit from the City of Chula Vista.
Approval of the map also constitutes acknowledgment of the Irrevocable Offer of Dedication of Fee
Interest (IOD) of designated land for Open Space.
The developer has executed a Supplemental Subdivision Improvement Agreement to satisfy remaining
conditions of City Council Resolution No. 15640 and the Planning Commission resolution approving
a one-year time extension, as affirmed by City Council Resolution No. 17177. The Supplemental
Subdivision Improvement Agreement addresses those remaining conditions.
The developer has also executed a Subdivision Improvement Agreement for these final maps and has
provided bonds from a sufficient surety to guarantee construction of the required public
improvements The developer has paid all applicable fees and has also provided a bond to guarantee
the subdivision monumentation and benchmarks.
ADDITIONAL COMMENTS:
In satisfaction of Condition No. 45 of Resolution No. 15640, the Developer bas agreed to design and
construct a detention basin south of Telegraph Canyon Road. The Developer has also agreed to
maintain the basin for a period of 5-years that shall begin after acceptance of the Open Space area but
not before issuance of the last building permit for any lot draining into it. Developer has further
agreed that the detention basin will be constructed and operational prior to issuance of the first
occupancy permit in Sunbow II, Phase 2A. Developer has further agreed that the maintenance will be
added to Open Space District 35 (CFD 98-3). Developer has provided the City, contemporaneously
with the execution of the SSIA, a cash deposit of $50,000 for siltation removal and maintenance
security in the amount of $20,000.00 in series of one-year bonds for a period of 5 years.
Recently, developers have requested that City provide a method for assignment of obligations
imposed as map conditions to a successor in interest (i.e., guest builders) without having to amend
the approved SSIA and SIA (which will require additional Council action). The new provision would
also allow the substitution of securities by the guest builders in place and instead of the original
security posted by the master developer. In response to this request, staffproposes that the following
clause be added to the proposed SSIA and SIA. This will authorize the City Manager to allow
Page 4, Item ,/o~
Meeting Date 10/10/00
assignment of certain on-site obligations to the guest builder if there is no adverse impact to the
City's interests.
"Assignability. Upon request of the Developer, any or all on-site duties and obligations set
forth herein may be assigned to Developer'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."
The Developer has entered into an agreement with the City to satisfy its PFFP park obligations.
The park agreement is included in the Supplemental Subdivision Improvement Agreement as
Attachment D.
The Sunbow Park Agreement specifies the park obligation for Sunbow and replaces earlier outdated
conditions imposed on the project's tentative map in 1990. The agreement identifies Sunbow's total
park obligation as providing a 1 O-acre neighborhood park site (already done), and contributing a
total of $7 million towards park improvements at various locations based on two possible
development scenario's.
The first scenario, which is staff's preference, calls for Sunbow to do the following:
Spend $600,000 on improvements to Greg Roger's Park (partially complete)
Spend $4.9 million to improve a major sports complex on 54 acres of land adjacent
to Sunbow (the land is part of the Allied Waste ownership of the Otay Landfill
Property and is being provided to the City as part of a previous agreement with
Allied on the extension of their franchise)
Spend $1.5 million on improvements to the Sunbow 10 acre neighborhood park
The success of moving forward with scenario one is the resolution 0fcertain issues particularly
habitat and environmental constraints on the property. Preliminary biological studies are underway
to be followed with consultation with the various environmental resource agencies. A determination
as to the viability of the site should be concluded shortly after the first of the year.
The second scenario, and a fallback, calls for Sunbow to do the following:
Spend $600,000 on improvements to Greg Roger's Park
Spend $4 million on the 10 acre neighborhood park
Provide the City with $2.4 million to be spent at the city's discretion for park usage
citywide. Again the total obligation remains unchanged at $7 million.
Sunbow will be providing the city with the $4.9 million cash upon the sale of the single family
property which is a part of either phase 2A or 2B (the two maps before Council for approval), or
Page 5, Item
Meeting Date 10/10/00
upon approval of the first building permit for those areas whichever comes first. Money will be
advanced for the planning and design of the 10-acre neighborhood park ($250,000), and thc
balance of the $1.5 million will be paid by January 15, 2001.
The Developer has further agreed to provide improvement securities to guarantee labor, material
and faithful performance for the following:
Labor &
Public Improvements Materials Faithful Performance
East Palomar Street $295,602.50 $295,602.50
Paseo Ladera $779,664.50 $779,664.50
Phase 2A Improvements $2,366,132.50 $2,366,132.50
Phase 2B Improvements $1,118,622.00 $1,118,622.00
FISCAL IMPACT: None. All staff costs associated with processing of improvement plans
and final map will be reimbursed from developer deposits.
Attachments:
Attachment 1: Resolution//15640 dated 5/22/90
Attachment 2: Resolution//17177 dated 7/22/93
Attachment 3: Sunbow II Location Map
File No. 0600-80-SB020F&SB022F
0735-10-OSD35
October 5, 2000 (3:59PM)
TM 'SOHI::2 iTIOFt
RESOLUTION NO. 15640
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING TENTATIVE SUBDIVISION MAP KNOWN AS CHULA VISTA
TRACT 90-07 AND COMMUNITY DESIGN GUIDELINES FOR THE
SUNBOW II PROJECT, LOCATED SOUTH OF TELEGRAPH CANYON
ROAD, ADJACENT TO THE CHULA VISTA MEDICAL CENTER, EAST OF
GREG ROGERS PARK
The City Council of the City of Chul~ Vista does hereby resolve as
follows:
WHEREAS, Rancho Del Sur Partnership has submitted a tentative subdivision
map known as Chula Vista Tract 90-07, Sunbow II, in order to subdivide
approximately 602 acres into tots for Single and Multiple-family Residential,
Commercial, Community Recreation, Industrial Park, candidate Elementary School
site and Open Space, and
WHEREAS, also submitted for consideration and adoption is the Sunbow II
Community Design Guidelines; - a design manual whose purpose will be to guide
the design of future site plans, architecture and landscape architecture
within the Sunbow II Planned Community, and
WHEREAS, the property, which is located south of Telegraph Canyon Road
adjacent to the Chula Vista Medical Center, was annexed to the City of Chula
Vista after a public hearing at the City Council on February 20, 1990, and
WHEREAS, the required public hearings at the Planning Commission and the
City Council on the Sunbow II General Plan, Zone Change, SPA Plan and
Environmental Impact Report have been concluded, and
WHEREAS, all plan approvals and certification of the EIR have been duly
adopted by the City Council at the recon~endation of the Planning Commission,
and ....
WHEREAS, the City Environmental Coordinator has reviewed the proposed
Tentative Map and Design Guidelines and determined that they are in
conformance with the SPA Plan, therefore, no separate environmental review
would be necessary, and
WHEREAS, on April 25, 1990, the Planning Commission voted 5-0 to
recommend that Council approve the proposal in accordance with Resolution
PCS~90-O7/PCM-90-O1.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve the tentative subdivision map for Sunbow II, Chula
Vista Tract No. PCS-90-07 and Sunbow II Community Design Guidelines, PCM-90-O1
based on the following findings:
Resolution No, 15640
Page~2
Pursuant to Section 66473.5 of the Subdivision Map Act, the tentative
subdivision map for Sunbo~ II, Chula Vista Tract 90-07, is found to be in
conformance with the various elements of the City's General Plan based on
the following:
1. The site is physically suitable for residential development and the
proposal conforms to all standards established by the City for such
projects.
2. The design of the subdivision will not affect the existing
improvements, - streets, sewers, etc., - which have been designed
to avoid serious problems.
3. The project is in substantial conformity with the Chula Vista
General Plan Elements as follows:
a. Land Use - The project is consistent with the adopted Sunbow
II General Development Plan and SPA Plan, which, in turn,
conform to the Chula Vista General Plan. The residential
dwelling unit total of 1946 units is at the mid-range of the
residential units permitted here by the General Plan.
b. Circulation - The project will be served by public streets
which conform to City standards, and which are listed in the
City General Plan Circulation Element. All on-site and
off-site improvements will be installed in accordance with
the Public Facilities and SPA Plan for Sunbow II.
c. Housing - The project will provide housing by type and
residential density, consistent with City General Plan and
Sunbow II SPA Plan designations.
d. Conservation - No cultural resources have been found on the
site. Sensitive biological resources identified in
Environmental Impact Report are being ~rotected according to
all the prescribed mitigation measures, special attention
being paid to the long-te~m preservation of Poggi Canyon.
e. Park and Recreation, Open Space - Approximately 180 acres (30
percent) of the site is dedicated to permanent open space.
This is greater than the area shown in the City General Plan.
A 10 acre Community Recreation Center comprising active and
passive recreation uses will be dedicated to the City as part
of an in-lieu-of park fees agreement. This facility will
assure provision of much needed recreation facilities in this
geographical location.
f. Seismic Safety - A fault trace known as the La Nacion fault
has been identified, and it crosses over mostly open space
designated areas on the site. All construction and building
setbacks in the proximity of, or adjacent to this fault,
shall be subject to the recommendations of a qualified
geologist.
,.-?
Resolution No. 15640
Page 3
g. Safety - A new fire station is planned to be built within the
Sunbow development. This will permit properly equipped units
to respond to 85% of all emergency calls within 7 minutes.
Fire hydrant spacing, and water pressure requirements will
meet the standards set by the City. Police response times
are within the threshold standard.
h. Noise - Final development plans and grading plans will be
required before a site-specific acoustical analysis can be
prepared by the applicant to determine specific mitigation
measures which must be applied for residential areas with
potential noise levels over 65 dBA. Very few areas are.
potentially impacted; e.g. the facades of buildings adjacent
to portions of Medical Center Drive and Naples Street could
range up to 69 dbA CN£L.
i. Scenic Highway - East Orange Avenue traverses Poggi Canyon
which forms part of a scenic corridor. Almost all of the 180
acres of permanent open space which will be poblicly
dedicated in Sunbow II lies in this location. Additional open
space dedication and landscaping will occur adjacent to the
Telegraph Canyon Road scenic corridor.
j. Bicycle Routes - City and County staff are working together
to locate on-street and off-street bicycle lanes and pathways
along East Palomar Street and East Orange Avenue. In both
these locations, there are sufficient rights-of'way for the
implementation of either on-street or vehicular-separated
bicycle travel options.
k. Public Buildings - The project will be incorporated into an
established Mello-Roos District in order to provide for
adequate school facilities. The Con, unity Recreation Center
building will also become a public facility which
incorporates recreation uses an~com~unity meeting rooms.
BE IT FURTHER RESOLVED that said tentative map and community design
guidelines are subject to the following conditions:
1. a. The property owner shall be responsible for the construction
of full street improvements for all the public streets shown
on the Tentative Map within the subdivision boundary and for
the construction of necessary off-site improvements as
identified in the Sunbow Public Facilities Financing Plan
(SPFFP) and EIR. Street "NN" shall be constructed to
Industrial Street Standards.
b. Said improvements shall include, but not be limited to,
asphalt concrete pavement and base, concrete curb, gutter and
sidewalk, sewer, water and drainage facilities, street
lights, traffic signs, fire hydrants, transitions to existing
improvements, traffic signals, street trees and bike lanes as
required to meet City standards for street sections.
Resolution No. 15640
Page 4
c. All streets shall conform to the City's Street Design
Standards' Policy unless otherwise approved by the City
Engineer.
2. The property owner shall acquire and convey easements for all off-
site, streets, public storm drains and sewers prior to approval of
the Final Map.
3. All work within the public right-of-way shall be done in accordance
with the current editions of Standard -Specifications for Public
Works Construction, the San Diego Area Regional Standard Drawings
and the Design and Construction Standards of the City of Chula
Vista. All design shall 'conform to City of Chula Vista Subdivision
Manual (edition in effect at time the tentative map is approved),
the current Standard Drawings, and the Street Design Standards
Policy (198g).
4. The property owner shall notify the City at least 60 days prior to
consideration of the Final Map by City if offsite right of way
cannot be obtained as required by the Conditions of Approval.
(Only offsite right of way or easements affected by Section 66462.6
of the Subdivision Map Act are covered by this condition).
After said notification, the owner shall:
'a. Pay the full cost of acquiring offsite right of way or
easements required by the Conditions of Approval of the
Tentative Map.
b. Deposit with the City the estimated cost of acquiring said
right of way or easements. Said estimate to be approved by
the City Engineer.
c. Have all easement and/or right of w~ documents and plats
prepared and appraisals complete which are necessary to
commence condemnation proceedings.
d. If the developer so requests, the City may use its powers to
acquire right of way, easements or licenses needed for
offsite improvements or work related to the tentative 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
approval of the Final Map.
All offsite requirements which fall under the purview of Section
66462.5 of the State Subdivision Map Act will be waived if the City
does not comply with the t20 day time limitation specified in that
section of the Act.
5. The property owner may be reimbursed from the DIF, or from
applicable reimbursement districts as they may be formed in the
future, for offsite right-of-way or easements necessary to complete-
improvements required by the DIF program or reimborsement districts.
Resolution No. 15640
Page 5
6. An erosion and sedimentation control plan shall be prepared as part
of the grading plans.
7. The property owner shall 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.
8. The property owner shall guarantee the construction of all interior
public improvements required for development of any unit of
development prior to approval of the Final Map for said unit.
9. Prior to Final Map approval, the property owner shall enter into an
agreement with the City whereby:
a. The property owner agrees that the City may withhold building
permits for any units in the subject subdivision if any one
of the following occur:
1. Regional development threshold limits set by the East
Chula Vista Transportation Phasing Plan have been
reached.
2. .Traffic volumes, levels of service, public utilities
and/or services exceed the adopted City threshold
standards.
b. The property owner agrees that the City may withhold
occupancy permits for any of the phases of development
identified in the Sunbow Public Facilities Financing Plan
{SPFFP) if the required public facilities, as identified in
the SPFFP or as amended by the Annual Monitoring Program have
not been completed.
The property owner may propose changes in the timing and
sequencing of development and the .construction of
improvements affected. In such case, the SPFFP may be
amended as approved by' the City Planning Director and Public
Works Director.
Phase Facilities Needed*
I, 2, 3, ~, 5, b, 2b (See Table I for
lB 7, 9 description of
lC l0 each facility)
IIA ll, 12, 13
IIB 12A
III 14,
* Facilities shall be guaranteed prior to approval of Final
Map for the corresponding phase and completed prior to
issuance of occupancy permits for each corresponding phase.
Resolution No. 15640
Page 6
TABLE I
Facility Description
1 Medical Center Drive - construct four-lane Collector Medical
Center Court to East Palomar Street
2 Medical Center Drive - construct Class I Collector East
Palomar Street to Brandywine Avenue
3 East Palomar Street - striping - 1-805 to Oleander Avenue
4 East Palomar Street - construct four-lane Major one lot east
of Oleander Avenue to Medical Center Drive
5 Telegraph Canyon Road widen to six-lane Prime Arterial
Oleander Avenue to eastern SPA boundary
6 Telegraph Canyon Road widen the north side to provide four
westbound travel lanes from 1-805 northbound on-ramp to a
point easterly of Halecrest
7 East Orange Avenue construct five lanes of a six-lane Major -
Oleander Avenue to Medical Center Drive.
9 East Palomar Street - construct four-lane Major - Medical
Center Drive to limit of Phase IB development
l0 East Palomar Street - construct four lane major - from Phase
IB development to Paseo Ladera
11 East Palomar Street - construct four lane Major from Paseo
Ladera to eastern SPA boundary
12 Paseo Ladera - construct four-lane Collector Telegraph
Canyon Road to East Palomar Street
12a Installation of Traffic Signai at East Palomar Street and
Paseo Ladera
13 Telegraph Canyon Road and 1-805 - Install a traffic signal at
southbound ramp ahd widen the southbound on/off ramp to
accommodate the dual left turn lanes to southbound 1-80~
14 East Orange Avenue improve one-half width of a six-lane Prime
Arterial from Medical Center Drive to east SPA boundary
15 Telegraph Canyon Road and 1-805 widen south side of
Telegraph Canyon Road under the 1-805 overcrossing to provide
a third eastbound through lane and restripe/widen the
northbound off ramp to provide two north bound to eastbound
right turn lanes.
Resolution No. 15640
Page 7
25 Construct off-site sewer to serve Poggi Canyon Basin
10. Prior to Final Map Approval:
a. The property owner shall agree to not protest formation of a
district for the maintenance of lighting and landscaped
medians and parkways along streets within and adjacent to the
subject property.
b. The property owner shall agree to not protest formation or
inclusion in an Open Space District.
c. The property owner shall agree to not protest formation or
inclusion in a district for the maintenance of the Telegraph
Canyon drainage channel.
d. The property owner shall agree to not protest formation or
inclusion in a district for the maintenance of Poggi Canyon
drainage facilities.
e. The property owner shall agree to not protest formation or
inclusion in a sewer reimbursement district.
ll. An improved access road with a minimum v~idth of 12 feet shall be
provided to sanitary sewer manholes. The roadway shall be designed
for an H-20 wheel load or other loading as approved by the City
Engineer. Compacted decomposed granite may be used for access
roads in Poggi Canyon.
12. Graded access shall be ~rovided to all public storm drain
structures including inlet and outlet structures. Improved access
as determined by the City Engineer shall be provided to public
drainage structures located in the rear yard of any residential lot.
13. Lot lines shall be located at the to, 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.
14. The boundary of the subdivision shall be tied to the California
Coordinate System - Zone VI (lg83).
15. All vertical curves and intersection corner sight distance
requirements shall conform to the requirements in the CalTrans
Highway Design Manual.
16. The property owner shall provide access on an equal basis to and
upo. n individual lots for all franchised cable television companies.
17. Prior to Final Map approval, the property owner shall enter into an
agreement with the C~ty wherein the City is held harmless from any
liability for erosion, siltation or increased flow of drainage
resulting from this project.
l
Resolution No. 15640
Page'8
18. The property owner shall be responsible for the construction of
street, sewer, drainage, etc., improvements as outlined in the
Public Facilities Financing Plan for Sunbow.
19. East Palomar Street, East Orange Avenue, and Medical Center Drive
are designated bike routes in the Circulation Element of the
General Plan. Accordingly, property owner shall provide the
necessary signs and markings to effect the bicycle plan as required
by the City Engineer.
20. The property owner shall be responsiblJ for obtaining adequate
off-site right-of-way and for construction of off-site
improvements, from the southerly end of Medical Center Court to the
subdivision boundary as determined by the City Engineer.
21. The property owner's obligation to improve or parallel the existing
Poggi Canyon Trunk Sewer segments which exceed design capacity due
to flows from this development shall include an oversizing of or
paralleling of existing sewer lines as may be necessary to
accommodate the ultimate projected fl ow from areas tributary to the
Poggi Canyon sewer basin, and the flow as diverted from the Palm
Canyon basin. The property owner may request the formation of a
reimbursement district and a reimbursement agreement in accordance
with Chapter 1§.50 of the Municipal Code.
22. The property owner shall obtain permission from' the City to deposit
sewage in a foreign basin prior to approval of any Final Map. The
permission shall be in the form of an agreement whereby the City
shall agree to such transfer.
23. Prior to Final Map approval, the property owner shall enter into an
agreement whereby the property owner agrees to:
a. Fund a study for the preparation of a Poggi Canyon Sewer
Basin Improvement and Financing Plan...;$aid Basin Plan shall
provide (1) an estimate of the ultimate sewage flows; {2) the
necessary.additions to the existing sewer system to provide
adequate capacity for said flows; 13) a method to fairly
allocate the cost for providin~ the needed improvements; (4)
a method for reimbursement to developers .providing sewer
improvements as outlined in the Basin Plan. funds provided
by property owner for preparation of the Basin Plan shall be
subject to reimbursement from fees as may be established by
said Basin Plan.
b. Participate in funding of the necessary facilities to provide
downstream sewer capacity in the Main Street and Date-Faivre
trunk sewers for those sewer segments which this development
causes to exceed .City design capacity standards. The
property owner may request the fomation of a reimbursement
district and a reimbursement agreement in accordance with
Chapter 15.50 of the Municipal Code.
Resolution No. 15640
Page 9
c. Provide appropriate security to guarantee the ability to
rest.or? the trunk sewers' reserve ca--~+,,
~=~.~ to a level and
condition that would otherwise exist but for sewage diverted
into the Poggi Basin by the Sunbow project. Said security
may be waived if the property owner can demonstrate to the
satisfaction of the City Engineer that the cost of
improvements constructed by the property owner is equal to or
greater than the total of (1) the fair cost responsibility
for necessary improvements as determined by the Basin Plan
and (2) the cost of improvements necessary to restore the
reserve capacity.
24. The property owner shall enter into an agreement with the City
whereby the property owner agrees to participate in the monitoring
of existing sewage flows in the Telegraph Canyon Trunk Sewer and
the financing of the preparation of the Basin Plan and, pursuant to
any adopted Basin Plan, agree to participate in the financing of
improvements set forth therein, in an equitable manner. Said
agreement shall be executed by the property Owner prior to Final
Map approval.
25. East Palomar Street shall maintain minimum curve radii of llO0'
east of Oleander Avenue unless otherwise approved by the City
Engineer.
26. Juniper Street shall terminate in a modified knuckle at the
intersection with Laurel Avenue. The developer shall be
responsible for improvements to the satisfaction of the City
Engineer.
27. The minimum cul-de-sac and knuckle frontage shall be 35' at the
property line, unless approved by the City Engineer and Director of
Planning.
28. Open Space areas which are to be.-',~aintained by an open space
district shall be granted to the' City 'in fee.
29. A lot line adjustment for Lots 1 through 3 of Unit 1 shall
processed in conjunction with approval of the Final Map for Unit l!e
30. The maximum .grade along Paseo Ladera shall not exceed 8%.
31. Access rights to Rancho del Sur, Phase l, Unit 1 of Map 12060 from
Unit 12 shall be relinquished. Emergency access shall be permitted
as determined by the City Engineer.
32. Where existing buildings are located near proposed manufactured
slopes, the soil engineer shall determine building setbacks from
the slope. Prior to issuance of a grading permit, the soils
engineer's recommendations shall be incorporated into the soils
report.
Sight vis(bility easements shall be granted as necessary to comply
with the requirements in the CalTrans Highway Design Manual.
Resolution No. 15640
Pag~ lO
34. East Orange Avenue shall be constructed to the easterly subdivision
boundary unless a shorter distance is approved by the City Engineer.
35. Building setbacks from the La Nacion fault shall be as recommended
by a qualified geologist.
36. The soil report shall be amended to provide recommendations
relative to building setbacks. The amendment shall be provided
prior to issuance of a grading permit and final recommendations
provided prior to issuance of any buildin~ permits.
37. The location of street entries an~ major entries for multi-family
projects to public streets shall be approved by the City Engineer.
38. All streets within the multi-family developments shall be private.
Detailed horizontal and vertical alignment of the centerline of
said streets shall be reflected on the improvement plans for said
developments. Design of said streets shall meet the City standards
for private streets.
39. All subdivisions proposing private streets with controlled access
devices, such as gates, shall contain the following features:
a. Gates shall be approved by the City Engineer. Gates shall be
located to provide sufficient room on the private roadway to
queue without interrupting traffic on public streets.
b. A turn around ~hall be provided at the location of the gate.
The size and location of said turn around shall be approved
by the City Engineer.
c. the border between public street and private street shall be
delineated through the use of distinctive pavement.
d. Provisions shall be made for emer~enc~_~ehicle access.
40. All the streets shall be dedicated as shown on the subject
Tentative Map except Street "NN" which shall be dedicated to
Industrial Street Standards. Detailed horizontal and vertical
alignment for said streets shall be reflected on the improvements
plans for the subject subdivision or any unit thereof. Design of
said streets shall meet all City standards for public streets.
41. At the intersection of East Palomar Street and Street "YY", no
left-turn movements shall be allowed ohto East Palomar Street.
42. The property owner shall be responsible for installation of a
traffic signal at the intersection of East Orange Avenue and
Medical Center Drive prior to approval of Final Map of Unit 19.
Said improvements may be included in the Transportation DIF program
in the future.
Resolution No. 15640
Page ll
43. The property owner shall be responsible for ensuring that
stormwater discharge flows do not exceed predevelopment flows for a
50 year design storm.
44. The curve radius of the access to the school site (Street "AA" to
the intersection with Street "RR") shall meet or exceed the
requirements for a Class 3 collector. Deviation from this Standard
may be approved only if it can be demonstrated by a registered
civil engineer that the City Standards are not reasonably
achievable. Any deviation must .conform with coffmon engineering
practice and standards in consideration of public'safety.
45. Prior to issuance of a grading permit for areas draining to the
detention basin at the southerly boundary, the developer shall
guarantee maintenance of the basin until such time as final grading
for each basin has been completed and the City, through the Open
Space Maintenance District, accepts the maintenance responsibility
for said basins. The City may accept responsibility for each basin
separately.
46. Prior to approval of any Final Map which includes a portion 'of East
Orange Avenue or East Palemar Street, the property owner shall
submit plans demonstrating the feasibility of the extension of said
streets.
47. The proposed sewer main and associated manholes shall not be
located in the raised medians.
48. The construction of stormwater detention basins in the Poggi Canyon
Drainage Basin shall be phased with the development of the Southern
portion of the Sunbow project, and the construction of East Orange
Avenue. All costs associated with the construction shall be
initially borne by the property owner.
Should a drainage improvement d~stric~ be formed a't a later date to
accommodate upstream flows, excess capacity provided by Suqbow may
be reimbursed from the drainage district.
49. Underground traffic signal equipment and traffic signal standards
shall be installed at the following intersections:
a. Paseo 'Ladera and Telegraph Canyon Road
b. Medical Center Drive and Medical Center Court
c. East Palomar and Medical Center Drive
d. East Palomar and Paseo Ladera
Mast arms, signal heads and associated equipment shall not be
installed unless approved by the City Engineer.
50. Interconnect conduit, pull boxes and pull rope shall be installed
to connect the following intersection signal systems:
Resolution No. 15640
Page 12
a. Telegraph Canyon Road/Paseo Ladera to Telegraph Canyon
Road/Medical Center Drive
b. Paseo Ladera/East Palomar to Medical Center Drive/East Palomar
c. Medical Center Drive/East Palomar to Medical Center
Drive/Telegraph Canyon Road
d. Medical Center Drive/East Palomar to Medical Center
Drive/Orange Avenue
51. Striping plans shall be submitted for the following streets: Paseo
Ladera, Medical Center Drive, East Palo~ar, East Orange Avenue,
Street "J". Striping plans shall be approved in conjunction with
improvement plan for said streets by the City Traffic Engineer.
52. The property owner shall grant the City l' control lots adjacent to
the following streets
a. East end of East Palomar Street
b. East end of East Orange Avenue
53. The property owner shall submit "as built" improvement and storm
drain plans as required by the City Subdivision Manual.
Additionally, the property owner shall provide the City said plans
and all final maps in DXF file format.
54° Prior to approval of any building permits for single family
residential use, the developer shall submit a list of proposed lots
indicating whether the structure will be located on fill, cut, or a
transition between the two situations.
55. The property owner shall 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 Ordinances and
Manual.
56. The proposed Fire Station site, Lot "X~', located south of Unit 2,
Planning Area 13, is required to meet City criteria for fire
station design and layout. The lot size will be at least 1 acre
with a minimum usable area of .80 acre, or modified to the approval
of the Fire Chief.
57. Fire hydrants shall'be required at maximum 500 ft. spacing subject
to review and approval of the Fire Marshall. Main pressure shall
not exceed 150 psi, and residual pressure shall be 20 psi.
58. Fire hydrants to be installed, tested and operational prior to any
combustible materials placed on site; 1000 gpm for single family
development; fire flow for multi-family dwellings based on
construction type and square footage (1988 UFC, Appendix III-A;
commercial to be determined. Roadway access for fire apparatus
shall be provided to coincide with construction. Fire department
requires minimum turning radius of 40 feet in order to turn fire
apparatus.
Resolution No. 15640
Page 13
59. Prior to Final Map approval, a site-specific acoustical analysis
shall be prepared and submitted to the City Environmental
Coordinator..
Acoustical barrier section as well as ho~sing construction and
design for any residential areas identified within a 65 dBA contour
or greater shall be subject to review and approval by the Chula
Vista Building Director to ensure interior noise limits of 45 dBA.
In addition, the Planning Director shall review and have approval
authority for barrier and/or building design to ensure line of site
acoustical protection for all exterior areas subject to 65 dBA
contours or greater.
60. Retaining walls shall have a maximum height of 7.5 ft., or be
otherwise approved by the Director of Planning. The restrictions
on retaining walls shall be included with the CC&R's.
61. The City may require a street guardrail to be placed by the
developer along the south edge of East Orange Avenue, and, a
protective fencing .system may be installed around the water
retention basins in this area. The final designs and types of
construction materials shall be subject to approval of the Director
of Planning and City Engineer.
62. Walls and fences shall be constructed per the wall and fencing plan
shown in the SPA Plan, adjusted accordingly in their placement, due
to tentative map site planning refinements.
63. All open space lots adjacent to public rights-of-way shall maintaiD
a minimum width so as to provide 10 feet of landscaping treatment
behind the back of sidewalk, or as otherwise approved by the
Director of Planning.
64. Bounda~ separation of open space lot Lot "F", Unit l, from Greg
Rogers Park property, will foll. ow th~ eastern edge of the service
road which coincides with the sewer easement in this vicinity.
65. The disturbance and loss of vegetation due to grading in the
vicinity of Greg Rogers Park and the. Chula Vista Boys and Girls
Club, will be replaced and relandscaped to the approval of the
Director of.Parks and Recreation.
66. Overlook areas for Poggi Canyon {Lot "K"), located at south
terminus of Street "J", south terminus of Street "S", south
terminus of Paseo Ladera and.'the south terminus of Street "~",
shall be designed and constructed to the approval of the Director
of Parks and Recreation.
67. In exchange for the development, and dedication by the developer to
the City of a Park and Recreation complex, which is subject to the
approval of the Director of Parks and Recreation as described in
the Sunbow II SPA Plan and Public Facilities Financing Plan, all
Park Acquisition and Development {PAD) fees shall be waived. {Refer
to Sunbow II SPA Plan and Public Facilities Financin~ Plan
documents). ~-
Resolution No. 15640
Page'14
68. Applicant shall request annexation to Open Space District 18. Open
space areas which are to be maintained by an open space district
shall be dedicated to the City in fee title. Landscape maintenance
of this open space shall be accomplished by the developer or
homeowners association for a minimum period of one year, which may
be extended, until such time as accepted into the open space
maintenance district by the Director of Parks and Recreation and
City Landscape Architect. Lot "DD" and adjacent off-site graded
areas shall be landscaped by the developer and maintained by the
developer or homeowners association until, such time as the entire
area can be added to the open space district, subject to acceptance
by the Director of Parks and Recreation and City Landscape
Architect.
69. For walls which are located within the open space maintenance
district, owners of adjoining lots shall sign a statement when
purchasing their homes that they are aware that the wall is on City
property and that they may not modify or supplement the wall or
encroach onto City property. These restrictions shall al so be
reflected in the CC&R's for each lot.
Prior to Final Map approval landscape and irrigation plans, erosion
control plans, and detailed water management guidelines for all
landscape irrigation including all open sp~ce lots, shall be
submitted and subject to review and approval of the City Landscape
Architect and Director of Parks and Recreation. The landscaping
format within the project shall be to emphasize native,
drought-resistant plant material. Excluded from the requirement
are active recreational areas. Exceptions can also be made for
areas where reclaimed water is exclusively used.
71~ Water pipe shall be placed within the project to accommodate
reclaimed water use on site in accordance with plans approved by
the Otay Water District and the City Engineer,
72. Developer shall provide on-site infrast~ucturJ to accept and to use
reclaimed water, when it is available, from the appropriate
district to use such water for park and parkway landscaping .and the
proposed park pond.
73. As needed by the City, developer shall provide access to open space
areas for maintenance and fire protection. Prior to Final Map
adoption, adequacy and placement of such access shall be approved
by the City Fire Marshall and Director of Parks and Recreation.
74. Prior' to Final Map approval, the open space trail system and
adjacent landscaping shall be .mapped, and be subject to the
approval of the Director of Parks and Recreation.
75. Slopes on the south side of the future Palomar Street extension,
just east of Oleander Avenue, which face onto the street, shall be
included in Open Space District 18. (Flair Banks - presently Park
lands).
Res61ution No. 15640
Page 15
76. Telegraph Canyon Road medians land parkways), as identified, in the
Sunbow Public Facilities Financing Plan, shall be included in O@en
Space District 18.
77. Developer shall provide for clear visual and physical separations
wherever open space district areas interface with:
Privately maintained areas
school district maintained areas
fire department maintained ar~as
industrial park maintained areas
Parks division maintained areas
areas maintained by other public agencies
any and all other contiguous properties
Said separations or delineations may be theme walls, fencing, etc.
The Director of Parks and Recreation shall approve the design of
all said separations.
78. Open Space District-maintained street frontage landscaping should
not be extensions of the front yards of residences.
79. Turnover of maintenance of open space areas to the City will be
withheld until all encroachments and dumping issues (construction
and otherwise), which may occur during construction and landscape
maintenance by the developer are rectified by the developer, to the
satisfaction of the Director of Parks and Recreation.
80. The Final Map shall indicate th6 area acreage for all open space
lots.
81. The developer shall ensure that prospective purchasers si§n an
assessment disclosure statement fully explaining the fact they are
in a special open space d~stric~, and what the projected
assessments are anticipated to ~e, b~th in the near future and at
ultimate subdivision build out.
82. Brow channels and ditches emanating from and/or running through
City Open Space shall not be routed through private property and
vice versa.
83. All utilities which service open space shall be located within City
open space or within dedicated City right-of-way.
84. Prior to Final Map approval~, the developer shall prepare an
affordable housing program, acceptable to the Community Developer
Director, having an established goal of providing 5% of total
approved dwelling units for low income and 5% moderate income.
The 16 inch water line located south of East Palomar Street, along
the western property boundary of Unit 2, Planning Area 13, shall be
relocated, if necessa~, per the requirements of the Otay Municipal
Water District.
Kesolution No. 15640
· Page 16
86. All development within the subdivision boundary shall be done in
compliance with the Sunbow Mitigation Monitoring Program.
87. The following statement shall be placed'on the Final. Map:
"Please be advised that the City of Chula Vista intends to adopt a
Growth Management Element, Transportation Phasing Program, and
other related growth management implementation programs, which may
regulate the location and timing of development in the City. The
City intends that development of property included in the Final Map
will be subject to the provisions of thes6 programs. Owners listed
on this map shall be responsible for providing notification to any
purchaser or successor in interest to any portion of this property
of the City's intent in this regard".
88. Concurrent with the recordation of any final map for Sunbow II, the
developer shall submit an irrevocable letter of dedication to the
City of the 10 acre park site ,(Unit 15, Planning Area 9).
Thereafter, the City may exercise the option to accept this
dedication at any time of its choosing.
The dedication does not alter in any way all the other conditions
of approval relative to the turnkey status of the Community
Recreation Center, Olympic Swin~ning Pool and Park facility as
detailed in the Sunbow II Public Facilities Financing Plan.
89. Multiple final maps can be approved on the tentative map being
considered, prior to the expiration of the tentative map, pursuant
to Government Code Section 66456.1.
Before recordation of any final map for any unit, the provision of
all facilities affecting the Phase (as defined in the Public
Facilities Financing Plan) of which the unit is a part shall be
guaranteed in accordance with the timing and other requirements of
the Public Facilities Financing Plan. In adWStion, all agreements
required pursuant to the conditions of'approval for this tentative
map, the Sunbow II SPA Plan or Sunbow II General Development Plan
which relate to any unit, to the satisfaction of the Director of
Planning and City Engineer shall be executed by Sunbow prior to
approval of the final map. All such conditions or facilities shall
be completed prior to issuance of occupancy permits, according to
the conditions listed in the Sunbow II Public Facilities Financing
Plan.
This condition is not intended to, nor shall it permit, the filing
of a master final map, unless approved by the City Engineer,
wherein each unit or phase is shown as a single lot for future sale
or financing purposes.
Presented by Approved as to form by
~oJ'er~ A. Letter D. Richard Rudo)~ ~
Director of Planning Assistant City AttJ~ney-~
Resolution No. 15640
Page 17
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula
Vista, California, this 22nd day of May, 1990 by the following vote: '
AYES: Councilmembers: McCandliss, Moore, Nader, Cox
NOES: Councilmembers: None
ABSENT: Councilmembers: Malcolm
ABSTAIN: Councilmembers: None
'reg~ry/R. Co~, }~aay~r
ATTEST:
--/,f,:, /,7
Beverly A/Authelet, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do
hereby certify that the foregoing Resolution~No. 15640 was duly passed,
approved, and adopted by the City Council o'f the City of Chula Vista,
California, at a regular meeting of said City Council held on the 22nd day of
May, 1990.
Executed this 22nd day of May, 1990.
y'Y
Beverly A~ A~helet, City Clerk
RESOLUTION NO. 17177
RESOLUTION OF THE CITY OF CHULAVISTACITY COUNCIL DENYING THE
APPEAL AND AFFIRMING ll4E PLANNING COHMISSION DECISION TO
APPROVE A ONE YEAR TIHE EXTENSZON FOR lTlE SUNBOW II
SUBDIVISIDN, CflULA VISTA TILRCT g0-07
- - -WHEREAS, on Nay 22, 1990, by resolution No. 1564, the City Council approved
the original tentative map for the subdivision known as Sunbow II, Chula Vista
tract 90-07; and,
WHEREAS, duly verified~aPpl-~cati.on for a tentative map extension was
filed
with the Planning _Department' ~f-l~be City of Chula Vista on February g2,1993 by
the Rancho Del Sur Partnership, owner of.the property prior to expiration of the
tentative map; and,
WHEREAS, said application, subsequently amended on July 1st 1993, requested
a 12 month tentative map extension to May ~, lgg4; and,
WHEREAS, on June 3D,lg93, the applicant and its possible successors in
interest accepted the clarifications of existing conditions and new conditions
as set forth in the Planning Commission Resolution Pcs-go-o7E; and, ,..,'
WHERE~J, on July 14, 1993, by resolution Pcs-go-o7E, the Planning
- Commission approved a one year tentative map extension for the subdivision known
as Sunbow II Chula Vista Tract gD-07, which was due to expire on May 22, lgg3.
WHERFJkS, an appeal of the Planning Commission decision to approve a one
year tentative map extension for the subdivision known as Sunbow II Chula Vista
Tract 90-97 was filed with the Planning Department of the City of Chula Vista on
July 15,1993 by, Rancho Del Sur Partnership; and,
WHEREAS, the Environmental Review Coordinator has reviewed the previously
certified EIR-88-01 and found it adequate for the proposed time extension; and,
WHEREAS, the City Clerk set the time and place for a hearing on said appeal
and notice of Said hearing, together with its purpose, was giyen by its
publication in a newspaper of general circulation in the city and its mailing to
property owners within 1000 feet of the exterior boundaries Of the property at
least ten days prior to the hearing; and,
WHEREAS, the hearing was held at the time and place as advertised, namely
7:00 p.m. July 20, lg93 in the Council Chambers, 276 Fourth Avenue, before the
City Council was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL · finds as follows:
_. Pursuant to section 66473.5 of the Subdivision Map Act, the tentative
subdivision map for Sunbow II,Chula Vista Tract 90-07, as conditioned
J herein, 'remains in substantial conformance with the various elements of
the City's General Plan as amended in 1989.
ATTACHMEN'T 2
.. ' Resolution No. 17177
Page 3
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula
Vista, California, this 201~h day of July, 1993, by the following vote:
YES: Councilmembers: Fox, Moore, Rindone, Nader
NOES: Counci 1 member~: None
ABSENT: Counci 1 members: Horton
-- ABSTAIN: Councilmembers: None
Tim Nader, Mayor
A1-FEST:
Beverly A. Authelet, City Clerk
STATE OF CALIFORNIA }
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do
hereby certify that the foregoing Resolution No. 17177 was duly passed, approved,
and adopted by the City Council held on the 20th day of July, 1993.
Executed ~his goth day of July, lgg3.
uth~let, City Cler~
RESOLUTION NO.
RESOLUTION APPROVING THE FINAL MAPS AND
SUBDIVISION IMPROVEMENT AGREEMENTS FOR
CHULA VISTA Ti{ACT 90-07, SUNBOW II, PHASE
2A, UNITS 8, 9, 10 AND 12 ~ PHASE 2B
UNITS 7 AND 11. ACCEPTING ON BEHALF OF
THE CITY OF CHULA VISTA THE GENEP~AL
UTILITY AND 'ACCESS EASEMENTS, PUBLIC
DRAINAGE EASEMENTS, PUBLIC SEWER
EASEMENTS, TREE PLANTING AND MAINTENAi~CE
EASEMENTS, LANDSCAPE BUFFER EASEMENTS,
GR~LNTED ON SAID MAPS WITHIN SAID
SUBDIVISION, ACCEPTING ON BEHALF OF THE
PUBLIC, ALL STREETS GRANTED ON SAID MAPS
WITHIN SAID SUBDIVISIONS, ACKNOWLEDGING ON
BEHALF OF THE PUBLIC THE IRREVOCABLE OFFER
OF DEDICATION OF FEE INTEREST OF
DESIGNATED LAND FOR OPEN SPACE AND OTHER
PUBLIC PURPOSES AND APPROVING SUBDIVISION
IMPROVEMENT AGREEMENTS FOR THE COMPLETION
OF IMPROVEMENTS REQUIRED BY SAID
SUBDIVISIONS, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the City of Chula Vista hereby finds that certain map survey
entitled Chula vista Tract 90-07 SUNBOW PHASE 2A UNITS 8, 9, 10 &
12 and more particularly described as follows:
Chula Vista Tract No. 90-07, Sunbow, Phase 2A
Units 8, 9, 10 and 12, Being a Subdivision of
Portions of the "Remainder Lot" of Chula
Vista Tract NO. 90-07 Sunbow II, Units 1 and
2 according to Map No. 13423, 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, May 28, 1997.
Gross Area: 92.139 Acres No. of Lots: 243
Numbered Lots: 238 Lettered Lots: 5
Public Open Space Lots: 17.496 Acres
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, said Council hereby accepts on
behalf of the Public: East Palomar Street, Paseo Ladera, Steiner
Drive, Rigley Street, Dawson Drive, Roush Drive, Sullivan Court,
Isom Court, Newport Court, Downey Court, Roush Court, Stewart
Court, Stefas Court, Lucero Court, Givens Street, Higgins Street
and accepts on behalf of the City of Chula Vista the ten (10)
foot wide general utility and access easements within Lots
"U", ~R", "P" and ~Q" for installation of public utilities, and
hereby accepts on behalf of the City of Chula Vista the easements
for: tree planting and maintenance, public drainage and landscape
buffer, noting that use of said general utility and general access
easements, and easements for tree planting and maintenance,
public drainage and landscape buffer, 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 tree maintenance, public
drainage, landscape buffers 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 acknowledges
on behalf of the City of Chula Vista the Irrevocable Offer of
Dedication of Fee Interest in Lot "Q" for Open Space and Other
Purposes as shown on this map within this subdivision noting that
Section 7050 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.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista hereby finds that certain map survey
entitled Chula Vista Tract 90-07 SUI~BOW PHASE 2B UNITS 7 and 11
and more particularly described as follows:
Chula Vista Tract No. 90-07, Sunbow, Phase 2B
Units 7 and 11, Being a Subdivision of
2
Portions of the ~Remainder Lot" of Chula
Vista Tract No. 90-07 Sunbow II, Units 1 and
2 according to Map No. 13423, 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, May 28, 1997.
Gross Area: 64.029 Acres No. of Lots: 116
Numbered Lots: 112 Lettered Lots: 5
Public Open Space Lots: 29.235 Acres
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, said Council hereby accepts on
behalf of the Public: Taber Court, Taber Drive, Wise Street,
Pappas Court, De La Toba Road, Welch Place, Israel Court and
accepts on behalf of the City of Chula Vista the ten (10) foot
wide general utility and access easements within Lots "K", "PP"
and "P" for installation of public utilities, and hereby accepts
on behalf of the City of Chula Vista the easements for: tree
planting and maintenance, public drainage, public sewer, and
landscape buffer, noting that the use of said general utility and
general access easements, and easements for tree planting and
maintenance, public drainage, public sewer and landscape buffer,
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 tree maintenance, public drainage, public sewer
and landscape buffers 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 acknowledges on
behalf of the City of Chula Vista the Irrevocable Offers of Dedication
of Fee Interest in Lot ~W" for Open Space and Other Public Purposes as
shown on this map within this subdivision noting that Section 7050 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.
BE IT FURTHER RESOLVED that City Clerk be and she is hereby
directed to transmit said maps to the Clerk of the Board of Supervisors
of the County of San Diego.
Presented by Approved as to form by
John P. Lippitt, Director of Jo~Y~. Kaheny, Cit~ Attorney
Public Works
H:\home\attorney\reso\SUNBOW II SIA
Recording Requested by:
CITY CLERK
When Recorded, Mail to:
CITY OP CHULA VISTA
276 Fourth Avenue
Chula Vista, Ca. 91910
No transfer tax is due as this is a conveyance
to a public agency of less than a fee interest
for which no cash consideration has been paid or
received.
Declarant
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of __
, 2000, by and between THE CITY OF CHULA VISTA, a
municipal corporation, hereinafter called "City", and ACI SUNBOW,
LLC, a California Limited Liability Company, 750 "B" Street, Suite
2370, 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 SUNBOW,
PHASE 2A, UNIT 8, CHULA VISTA TRACT NO. 90-07 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 willin9 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. 15640, approved on the 22nd day of May,
1990 ("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 th~ City Engineer, as
shown on Drawing Nos. 00036-1 through 00036-33 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 Million
Four Hundred Sixty-Five Thousand Seven Hundred Seventy-Three
Dollars and No Cents ($1,465,773).
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
2
Work required under the provisions of this contract to be done on
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 Seven Hundred Thirty-Two Thousand Eight Hundred Eighty-Six
Dollars and Fifty Cents ($732,886.50) 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 Seven Hundred Thirty-Two Thousand Eight Hundred Eighty-Six
Dollars and Fifty Cents ($732,886.50) 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 ~eliver 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 Thirteen Thousand Eight Hundred Sixty-Five Dollars and Fifty-
Five Cents ($13,865.55) 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
3
completed within the time agreed herein, the sums provided by said
improvement securities may be used by City for the completion of
the Improvement Work within said subdivision in accordance with
such specifications herein contained or referred, or at the option
of the City, as are approved by the City Council at the time of
engaging the work to be performed. Upon certification of
completion by the City Engineer and acceptance of said work by
City, and after certification by the Director of Finance that all
. costs hereof are fully paid, the whole amount, or any part thereof
not required for payment thereof, may be released to Subdivider or
its successors in interest, pursuant to the terms of the
improvement 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 ~roceeds 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
4
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 theresult 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
P.03
0¢t-05-00 03:53P
IO/OS,'O0 TI~U 1.~:$7 F~I 619 40S
SU~DrV'ISI'0N TMpROV~L~'T AG~M,SNT
SUL"'BOW PH~SB 2A, U~'~ 8
CHUI~ V]'STA TRACT N0. 90-07
IN WITNESS WHEREOF. the parties hereto have caused this
agreement to be executed the day and year ~iret hereinabove set
~orth.
THE CITY OF CHIFLA VISTA ACI SUNBOW, LLC. a California
Limited Liability
By: AYRES LAND COMPANY, INC. a
California c..orporation, its Manager
.ayOrvlsta of tEe city ~f Chula _ /~,,.~..,
ATTEST City Clerk Keit~ J. Home, President
Approved as to form by
city Attorney
(At=ach Notary Acknowledgment)
LIST OF EXHIBITS
Exhibit "A" Improvement Security - Faithful Performance
Form: Bonds
Amount: $732,886.50
Exhibit "B" Improvement Security - Material and Labor:
Form: Bpnds
Amount: $732,886.50
Exhibit "C" Improvement Security ~ Monuments:
Form: Bonds
Amount: $13,865.55
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 ~at t orney\sia %Su~bowPhase2Aunit 8
7
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 A~REEMENT
THIS AGREEMENT, made and entered into this day of __
2000, by and between THE CITY OF CHULA VISTA, a
municipal corporation, hereinafter called "City", and ACI SUNBOW,
LLC, a California Limited Liability Company, 750 "B" Street, Suite
2370, 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 SUNBOW,
PHASE 2A, UNIT 9, CHULA VISTA TRACT NO. 90-07 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 develdpment 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. 15640, approved on the 22nd day of May,
1990 ("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 th~ City Engineer, as
shown on Drawing Nos. 00036-1 through 00036-33 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 Million
Three Hundred Thirty-Six One Hundred Twenty-Eight Dollars and No
Cents ($1,336,128) .
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
2
Work required under the provisions of this contract to be done on
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 sixty-Eight Thousand Sixty-Four Dollars and No Cents
($668,064.00) 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 sixty-Eight Thousand Sixty-Four Dollars and No Cents
($668,064.00) 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 ~eliver 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 Seventeen Thousand Eight Hundred Ninety-Nine Dollars and Sixteen
Cents ($17,899.16) 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
3
completed within the time agreed herein, the sums provided by said
improvement securities may he used by City for the completion of
the Improvement Work within said subdivision in accordance with
such specifications herein contained or referred, or at the option
of the City, as are approved by the City Council at the time of
engaging the work to be performed. Upon certification of
completion by the City Engineer and a~ceptance 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
4
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 ~m~rovement 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
bec6me 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.
P.04
0c~-05~00 03:53P ~0~1 __
xo/os/oo 'r~ 1~:oo F.~ 81~ ~0~ Sa~3 cv cZ~' A~Oa~E¥
SUBDIVISION ~M~ROVEMENT AGREEMENT
SU/~BOW PHASE 2A, UNIT 9
C~JLA VISTA T~ACT NO. 90-0?
ZN WITNESS WHEP.~OF, the parties hereto have caused th£s
agreement to be executed the day and year first hereinabove set
forth.
TH~ CITY OF C~{ULA VISTA ACI SUNBOW, LLC, a California
Limited Liability Company
By: AYRES LAND COMPANY, INC. a
California corporation, its Hanager
Nayor of the city of Chula
Vista
ATTRST,
'City clerk Keith 3. Hsrne, Pre$ideDt
Approved as to form by
City Attorney
(Attach Notary Acknowledgment)
6
LIST OF EXHIBITS
Exhibit "A" Improvement Security - Faithful Performance
Form: Bonds
Amount: $668,064
Exhibit "B" Improvement Security - Material and Labor:
Form: Bonds
Amount: $668,064
Exhibit "C" Improvement Security - Monuments:
Form: Bonds
Amount: $17,89~.16
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
7
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 IMPRO~NT AGREF~ENT
THIS AGREEMENT, made and entered into this day of __
, 2000, by and between THE CITY OF CNULA VISTA, a
municipal corporation, hereinafter called "City", and ACI SUNBOW,
LLC, a California Limited Liability Company, 750 "B" Street, Suite
2370, 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 SUNBOW,
PHASE 2A, UNITS 10 AND 12, CHULA VISTA TRACT NO. 90-07 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. 15640, approved on the 22nd day of May,
1990 ("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 th~ City Engineer, as
shown on Drawing Nos. 00036-1 through 00036-33 inclusive, and
Drawing Nos. 00051-1 through 00051-5 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 Four Million
Eighty Thousand Eight Hundred Ninety-Eight Dollars and No Cents
($4,080,898.00).
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 R~citals ("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
2
/y
cause all necessary materials to be furnished and all Improvement
Work required under the provisions of this contract to be done on
or before the 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, approved improvement securities from a sufficient
surety, whose sufficiency has been approved by the City in the
total sum of Two Million Forty Thousand Four Hundred Forty-Nine
Dollars and No Cents ($2,040,449.00), 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, approved improvement securities from a sufficient
surety, whose sufficiency has been approved by the City in the
total sum of Two Million Forty Thousand Four Hundred Forty-Nine
Dollars and No Cents ($2,040,449.00) 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 ~eliver to the
City of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of Twenty-Eight Thousand Two Hundred Thirty-Five Dollars and
Twenty-Nine Cents ($28,235.29) 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 maybe used by City for the completion of
the Improvement Work within said subdivision in accordance with
such specifications herein contained or referred, or at the option
of the City, as are approved by the City Council at the time of
engaging the work to be performed. Upon certification of
completion by the City Engineer and acceptance of said work by
City, and after certification by the Director of Finance that all
'costs hereof are fully paid, the whole amount, or any part thereof
not required for payment thereof, may be released to Subdivider or
its successors in interest, pursuant to the terms of the
improvement 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
4
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
Oc~T**-05-O0 0:5: 5,~,P P. 05,
SUBDIVISION IMPROVEMENT AGREE~fENT
SUNBOW PHASE 2A, UNITS 10 AND 12
CHULA VISTA TRACT NO. 90-07
IN WITNESS WHEREOF, the parties hereto have cauaed this
agreement to be executed the day and year first hereinabove set
forth.
THE CITY OF CHULA VISTA ACI SUNBOW, LLC, a California
Lir~lted Liability Company
By: AYRES LAND COMPANY, INC., a
Mayor of the City o~ Chule C~/l~fo~ corporation, its Manager
Vista
ATTEST Kei~ O. Home, President
City Clgrk
Approved as to form by
Cit'~ Attorney
(Attach Notary Acknowledgment)
LIST OF EXHIBITS
Exhibit "A" Improvement Security - Faithful Performance:
Form: Bonds
Amount: $965,182.00
Improvements Security - Faithful Performance
for Paseo Ladera:
Form: Bonds
Amount: $779,664.50
Improvement Security - Faithful Performance
For East Palomar Street:.
Form: Bonds
Amount: $295,602.50
Exhibit "B" Improvement Security - Material and Labor:
Form: Bonds
Amount: $965,182.00
Improvements Security - Material and Labor:
for Paseo Ladera
Form: Bonds
Amount: $779,664.50
Improvement Security - Material and Labor:
For East Palomar Street
Form: Bonds
Amount: $295,602.50
Exhibit "C" Improvement Security - Monuments:
Form: Bonds
Amount: $28,235.29
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\at torney\sia\SunbowPhase2AUnits 10& 1
7
Recordin9 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 A~REEMENT
THIS AGREEMENT, made and entered into this day of
2000, by and between THE CITY OF CHULA VISTA, a
municipal corporation, hereinafter called "city", and ACI SUNBOW,
LLC, a California Limited Liability Company, 750 ~B" Street, Suite
2370, 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 SUNBOW,
PHASE 2B, UNITS 7 and 11, CHULA VISTA TRACT NO. 90-07 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. 15640, approved on the 22nd day of May,
1990 ("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 th~ City Engineer, as
shown on Drawing Nos. 00038-1 through 00038-16 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 Two Million Two
Hundred Thirty-Seven Thousand Two Hundred Forty-Four Dollars and No
Cents ($2,237,244).
NOW, THEREFORE, IT IS MUTUALLY D-NDERSTOOD 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 understaod and agreed that Subdivider will
cause all necessary materials to be furnished and all Improvement
2
Work required under the provisions of this contract to be done on
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 One Million One Hundred Eighteen Thousand Six Hundred Twenty-Two
Dollars and No Cents ($1,118,622.00) 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 One Million One Hundred Eighteen Thousand six Hundred Twenty-Two
Dollars and No Cents ($1,118,622.00) 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 ~eliver 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 Thirty Thousand Dollars and NO Cents ($30,000.00) 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
3
improvement securities may be used by city for the completion of
the Improvement Work within said subdivision in accordance with
such specifications herein contained or referred, or at the option
of the City, as are approved by the City Council at the time of
engaging the work to be performed. Upon certification of
completion by the City Engineer and acceptance of said work by
City, and after certification by the Director of Finance that all
costs hereof are fully paid, the whole amount, or any part thereof
not required for payment thereof, may be released to Subdivider or
its successors in interest, pursuant to the terms of the
improvement 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.
4
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 Man~ger 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
Oct-05-O0 03: 52P P.O2
10?05/00 ~l 1~:$3 ~ $111 40~ 6~Z;D ~;' bz&~ &zsu~14mz ~"~
SUBDIVISION IMPROV~M~NT AGR~E~NT
SUNBOW PHASE 2~, UNIT 7 ~ 11
C~ VISTA TP. ACT NO. 90-07
IN WITNESS W~RgOF, the Dartieg hereto have caused this
agreement to be executed the day a~_d year first hereinabove set
~orth.
THE CITY OF CHULA VISTA' ACT $ONBOW, LLC, a Callfornia
Li~tited Liab£11ty Company
By: AYRES LAND CONPANY, INC., a
California corporation, its Manager
ATTEST
city Clerk Keith 3. Home, President
Approved as to form by
City Attorney
(Attach Notary Acknowledgmenc)
LIST OF EXHIBITS
Exhibit "A" Improvement Security - Faithful Performance
Form: Bonds
Amount: $1,118,622
Exhibit "B" Improvement Security - Material and Labor:
Form: Bgnds
Amount: $1,118,622
Exhibit "C" Improvement Security - Monuments:
Form: Bonds
Amount: $30,000
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 \at t orney\sia \ SunbowPhase2BUnit s7 & 11
7
32.
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT
NO. 90-07, SUNBOW II, PHASE 2A, UNITS 8, 9, 10
AND 12 AND PHASE 2B UNITS 7 AND 11 REQUIRING
DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED
CONDITIONS OF RESOLUTIONS NUMBERED 15640 AND
17177 AI~D AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT
WHEREAS, the developer has executed a Supplemental
Subdivision Improvement Agreement to satisfy remaining conditions
of City Council Resolution No. 15640 and the Planning Commission
resolution approving a one-year extension, as affirmed by city
Council Resolution No. 17177.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby approve the Supplemental
Subdivision Improvement Agreement for Chula vista Tract No. 90-07,
Sunbow II, Phase 2A, Units 8, 9, 10 and 12 and Phase 2B Units 7 and
11, 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 J~hnU~a~eny
Director of Public Works City Attorney
[H:\HOME~ATTORNEY~RESO/ssia Sunbow II Phase 2A and 28 (October 3. 2000 (g:14am)]
RECORDING REQUESTED BY:
City Clerk
WHEN RECORDED MAIL TO:
CITY OF CHI/LA VISTA
276 Fourth Avenue
Chula vista, CA 91910
NO transfer tax is due as this is a
conveyance to a public agency o~
less than a fee interest for which
no cash consideration has been paid
or received.
ACI SUNBOW LLC
Developer
Above Space for Recorder's Use
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
FOR SUNBOW II, PHASE 2A AND 2B, UNITS 7, 8, 9, 10, 11 & 12
(Conditions 4, 7, 9, 10, 16, 17, 20, 28, 43, 45, 55, 58, 59, 60,
62, 67, 69, 72, 79, 81, and 89 of Resolution 15640 and
Conditions 90, 92, 93 and 94 of Resolution 17177)
This Supplemental Subdivision Improvement Agreement
("Agreement") is made this 10th day of October, 2000, by and
between THE CITY OF CHULA VISTA, California ("City" or "Grantee"
for recording purposes only) and ACI Sunbow, LLC a California
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
Attachment "A" attached hereto and incorporated herein
("Property"). The Property is referred to as Sunbow II, Phase 2A
and 2B, Units 7, 8, 9, 10, I1 and 12, Chula Vista Tract 90-07. For
purposes of this Agreement, the term "Project" shall mean
"Property".
B. Developer is the owner of the Property.
C. Developer has applied for and the City has approved a
Tentative Subdivision Map commonly referred to as Chula vista Tract
90-07, SUNBOW ("Tentative Subdivision Map") for the subdivision of
the Property.
D. 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.
NOW, THEREFORE, in exchange for the mutual covenants, terms
and conditions herein contained, the parties agree as set forth
below.
1. Agreement Applicable to Subsequent Owners.
1.1 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 until released by the mutual consent of the parties.
1.2 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.
2
a. Developer Release on Guest Builder Assignments. If
Developer assigns any portion of the Project, Developer may have
the right to obtain a release of any of Developer*s obligations
under this Agreement, provided Developer obtains the prior written
consent of the City to such release. Such assignment 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 reasonable 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.
b. 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 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.
2. Condition No. 4. (Off-Site Right of Way). In satisfaction
of Condition No. 4 of Resolution No. 15640, the Developer agrees to
notify the City at least 60 days prior to consideration of the
Final Map by City if off-site right of way cannot be obtained as
required by the Conditions of Approval. (Only offsite right of way
or easements affected by Section 66462.5 of the Subdivision Map Act
are covered by this condition).
After said notification, the owner shall:
a. Pay the full cost of acquiring offsite right of way
or easements required by the Conditions of Approval of the
Tentative Map.
b. Deposit with the City the estimated cost of
acquiring said right of way or easements. Said estimate to be
approved by the city Engineer.
c. Have all easement and/or right of way documents and
plats prepared and appraisals complete which are necessary to
commence condemnation proceedings.
d. If the developer so requests, the City may use its
powers to acquire right of way, easements or licenses needed for
offsite improvements or work related to the tentative 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
approval of the Final Map.
All offsite requirements which fall under the purview of Section
66462.5 of the State Subdivision Map Act will be waived if the City
does not comply with the 120 day time limitation specified in that
section of the Act.
3. Conditions No. 7. (Regulatory Compliance). In satisfaction
of Condition No. 7 of Resolution No. 15640, the Developer shall
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.
4. Conditions No. 9. (Development Threshold Limits and
Public Improvements). In partial satisfaction of Conditions No. 9
of Resolution No. 15640, the Developer:
a. Agrees that the City may withhold building permits
for any units in the Property if any one of the following occur:
i. Regional development threshold limits set by the
East Chula Vista Transportation Phasing Plan, as amended
from 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.
ii. 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
4
utilities shall include, but not be limited to, air
quality, drainagel sewer and water.
b. Agrees that the City may withhold occupancy permits
for any of the phases of development identified in the Sunbow
Public Facilities Financing Plan (SPFFP), adopted on February 20,
1990 by Resolution No. 15525, if the required public facilities, as
identified in the SPFFP or as amended by the Annual Monitoring
Pro§ram have not been completed.
c. The property owner may propose changes in the timing
and sequencing of development and the construction of improvements
affected. In such case, the SPFFP may be amended as approved by
the City Director of Planning and Building, or Public Works
Director and/or may be subject to City Council approval.
d. Agrees to provide to the City. At no cost, temporary
construction easements as the City determines necessary for
construction of East Palomar Street (SPFFP Facility No. 11) should
the City decide that said improvement should be completed by the
City or other entity prior to the Developer's obligation for
completion set forth in paragraph 3 of the Subdivision Improvement
Agreements for Sunbow Phase 2A Units 8, 9, 10 and 12.
5. Condition No. 10 (No Protest of Maintenance or
Reimbursement Districts) In partial satisfaction of Condition No.
10 of the Resolution, the Developer agrees to the following:
a. Not to protest formation of a district for the
maintenance of lighting and landscaped medians and parkways along
streets within and adjacent to the subject property.
b. Not to protest formation or inclusion in an Open
Space District.
c. Not to protest formation or inclusion in a district
for the maintenance of the Telegraph Canyon drainage channel or
facilities.
d. Not to protest formation or inclusion in a sewer
reimbursement district.
e. The agreement to not protest the inclusion of these
5
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.
6. Condition No. 16. (Cable Franchises) In satisfaction of
Condition No. 16 of Resolution No. 15640, the Developer hereby
agrees to insure that all franchised cable companies ("Cable
Companies") are permitted equal opportunity to place conduit and
provide cable television service to each lot within the Project
prior to approval of Final Maps for each phase or unit. Developer
further agrees to restrict access to the conduit to only those
franchised cable television companies who are, and remain in
compliance with, all terms and conditions of the franchise and
which are in further compliance with all other rules, regulations,
ordinances and procedures regulating and effecting the operation of
the cable television companies as same may have been, or may from
time to time be issued by the City of Chula Vista.
Developer further acknowledges and agrees that cablu 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 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 impair or interfere in any way with
City's use of City's easements as described herein.
7. Condition No. 17. (Hold Harmless) In satisfaction of
Condition No. 17 of Resolution No. 15640, 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, 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.
8o Condition No. 28 (Open Space) In partial satisfaction of
Condition No. 28 of the Resolution, Developer agrees to provide the
City, prior to execution of this Agreement, with an Irrevocable
Offer of Dedication (IOD), in accordance with Government Code
Section 7050, a fee interest, free and clear of all encumbrances,
6
in the real properties shown on the Final Maps as open space Lots
~W" (in Phase 2B) and "Q" (in Phase 2A) and offered to the City for
acceptance on such map. The IOD is attached to this Agreement as
Attachment '~B".
9. Condition Nos. 43 and 45 (Stormwater Detention and Basin
Maintenance). In satisfaction of Condition Nos. 43 and 45 of
Resolution No. 15640, the Developer agrees to design, construct and
maintain the detention basin in Phase 2A south of Telegraph Canyon
Road and east of Paseo Ladera located within Lot ,,Q, of the Final
Map for Phase 2A (also shown on the Grading Plans for the property
on Chula Vista Drawing No. 00037-5). The Developer further agrees
that such Detention Basin will be constructed and operational no
later than twelve (12) months after issuance of the first grading
permit for the Project. Developer further agrees to maintain the
detention basin until such time as the basin maintenance shall be
turned over to an Open Space Maintenance District in accordance
with the terms and provisions set forth in the "Detention Basin
Maintenance Agreement" attached hereto and incorporated herein as
Attachment ~C'.
10. Condition No. 55. (Municipal Code). In satisfaction of
Condition No. 55 of Resolution No. 15640, the Developer agrees to
comply with all applicable sections of the Chula Vista Municipal
Code. Preparation of all plans shall be in accordance with the
provisions of the Subdivision Map Act and the City of Chula Vista
Subdivision Ordinances and Manual.
11. Condition No. 58 (Fire Hydrants). In partial satisfaction
of Condition No. 58 of Resolution No. 15640), Developer agrees to
the following:
a. To install, test and have operational all required
fire hydrants prior to placement of any combustible material on
the Property;
b. Hydrants shall be 1000 gpm within single family
development;
c. Fire flows for multi-family dwellings based on
construction type and square footage shall comply with (1997 UFC,
Appendix III-A or as superseded, amended or revised);
7
d. Fire flows for commercial or other land uses shall
be determined by the City of Chula Vista Fire Marshal;
e. That the turning radius on all streets, access
roads, or emergency easements shall be: the minimum required to
turn fire apparatus, or 40 feet, whichever is greater, or as
approved by the Fire Marshal.
12. Condition NJ. 59 (Site Speci£ic Acoustical Analysis) In
satisfaction of Condition No. 59 of Resolution No. 15640, Developer
agrees to the following:
a. To submit a site-specific acoustical analysis to the City
Environmental Review Coordinator, for city's approval, prior to the
issuance of the first building permit for the Project. Developer
acknowledges that building permits may be withheld until submittal
and approval of the acoustical analysis.
b. That acoustical barrier sections as well as housing
construction and design for any residential areas identified within
a 65 dBA contour or greater shall be subject to review and approval
by the Director of Planning and Building to ensure interior noise
limits of 45 dBA. In addition, the Director of Planning and
Building shall review and have approval authority for barrier
and/or building design to ensure line of site acoustical protection
for all exterior areas subject to 65 dBA contours or greater prior
to issuance of any grading permit e~fected by said 65 dBA contours.
13. Condition No. 60. (Retaining Walls.) In satisfaction of
Condition No. 60 of Resolution No. 15640, Developer agrees that
retaining walls shall have a maximum height of 7.5 feet or as
approved by the Director of Planning and Building and that such
height restriction shall be included within the Project's
Covenants, Conditions and Restrictions ("CC&R's"). Submit evidence
of such CC&R's, which include the restrictions on wall height prior
to the issuance of the first building permit for the Project.
Developer acknowledges that building permits may be withheld until
submittal and approval of the CC&R's.
14. Condition No. 62 (Walls and Fences). In partial
satisfaction of Condition No. 62 of the Resolution, Developer
agrees to construct walls and fences in accordance with the Sunbow
II Sectional Planning Area Plan approved on February 20, 1990 by
8
Resolution No. 15524.
15. Condition Mos. 67 and 88 (Parks Agreement). In partial
satisfaction of Condition Nos. 67 and 88 of the Resolution, the
Developer agrees to comply with the provisions set forth in the
Attachment ~D" - "Parks Agreement" attached hereto and incorporated
herein.
16. Condition Mo. 69 (Wall Statement). In partial satisfaction
of Condition No. 69 of the Resolution, the Developer agrees to have
each purchaser of homes adjoining open space lots containing walls
maintained by the Open Space District sign a statement stipulating
that they are aware that the walls are on City Property and that
the purchasers shall not modify or supplement the wall or encroach
onto City Property. The Developer agrees that these restrictions
shall be reflected in the Covenants, Codes and Restrictions for
each lot so located.
17. Condition No. 72. (Reclaimed Water). In satisfaction of
Condition No. 72 of Resolution No. 15640, the Developer agrees to
accept and to use reclaimed water, when it is available, from the
appropriate district to use such water for park and parkway
landscaping.
18. Condition No, 79. (Open Space). In satisfaction of
Condition No. 79 of Resolution No. 15640, the Developer agrees that
turnover of maintenance of open space areas to the City will be
withheld until all encroachments and dumping issues (construction
and otherwise), which may occur during construction and landscape
maintenance by the Developer are rectified by the Developer, to the
satisfaction of the Director of Parks and Recreation.
19. Condition No. 81o (Assessment Disclosure Statement). In
satisfaction of Condition No. 81 of Resolution No. 15640, the
Developer shall ensure that prospective purchasers sign an
assessment disclosure statement fully explaining the fact they are
in a special open space district, and what the projected
assessments are anticipated to be, both in the near future and at
ultimate subdivision build out.
20. Condition No. 86. (Mitigation Monitoring Program).In
partial satisfaction of Condition No. 86 of the Resolution, the
Developer agrees to comply with the Sunbow Mitigation Monitoring
9
Program adopted on Dec. 5, 1989 by Resolution No. 15426. Developer
agrees to comply with all Mitigation and Monitoring Programs shown
on Attachment ~E" hereto. In addition Developer agrees to provide
the securities for said programs in the form and amounts shown on
Attachment ~E".
21. Condition No. 89. (Withhold Permits). In satisfaction
of Condition No. 89 of Resolution No. 15640, the Developer agrees
that before recordation of any final map for any unit, the
provision of all facilities affecting the Phase (as defined in the
Public Facilities Financing Plan) of which the unit is a part shall
be guaranteed in accordance with the timing and other requirements
of the Public Facilities Financing Plan. In addition, all
agreements required pursuant to the conditions of approval for this
tentative map~ the Sunbow II SPA Plan or Sunbow II General
Development Plan which relate to any unit, to the satisfaction of
the Director of Planning and city Engineer shall be executed by
Sunbow prior to approval of the final map. Ail such conditions or
facilities shall be completed prior to issuance of occupancy
permits, according to the conditions listed in the Sunbow II Public
Facilities Financing Plan as amended and approved by the City.
22. Condition No. 90. (Development Fees). In satisfaction of
Condition No. 90 of Resolution No. 17177, the Developer agrees to
pay the following fees in accordance with agreements, the City Code
and Council Policy:
a. Transportation and Public Facilities Development Impact
b. Signal Participation
c. school
d. Ail applicable sewer fees
e. Telegraph Canyon Drainage and Sewer Basin
f. Pay the SR 125 Transportation Development Impact fee.
g. Pay the amount of said fees in effect at the time of final
Map or building permit as required by the City Code.
23. Condition No. 92. (Indemnification)° In satisfaction of
Condition No. 92 of Resolution No. 17177, the Developer and its
successors in interests agrees to indemnify the City, its
employees, and agents from any or all lawsuits and liabilities in
connection with granting this Final Map, whether the issues and
liabilities are raised by the Developer, any successor(s) in
interest or any third party.
10
24. Condition No. 93. (Water and Air Quality). In partial
satisfaction of Condition No. 93 of Resolution No. 17177, the
Developer agrees to comply with any and all terms of the current
regulations and policies regarding Water Conservation and Air
Quality Improvement. Developer further agrees to comply with any
future adopted Water Conservation and Air Quality Improvement
policies, including fees, which may be applied to building permits
not yet issued prior to city Council adoption of such policies
and/or fees.
25. Condition No. 94. (PFFP). In satisfaction of Condition
No. 94 of Resolution No. 17177, the Developer agrees to comply with
all requirements of the Public Facilities Financing Plan for the
Project, as may be amended to conform with the City's adopted
Growth Management Program, pursuant to Section 19.09.120 of the
Municipal Code.
26. Building Permits. Developer understands and agrees 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 this Agreement, which includes those
agreements attached as Attachments "C" and "D" hereto. The City
shall provide the Developer of notice of such determination and
allow the Developer reasonable time to cure said breach,
27. Assignability. Upon request of the Developer, any or all
on-site duties and obligations set forth herein may be assigned to
Developer'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.
28. Satisfaction of Conditions. City agrees that the
execution of this Agreement constitutes satisfaction or partial
satisfaction of Developers obligations as to the Project of
Conditions 4, 7, 9, 10, 16, 17, 20, 28, 43, 45, 55, 58, 59, 60, 62,
67, 72, 79, 81, and 89 of Resolution 15640 and Conditions 90, 92,
11
93 and 94 of Resolution 17177.
29. Unfulfilled Conditions. Developer hereby agrees, unless
otherwise conditioned, that Developer shall comply with all
unfulfilled conditions of approval of the SUNBOW Tentative Map,
Chula Vista Tract No. 90-07 (Established by Resolution No. 15640
and Resolution No. 17177) and shall remain in compliance with and
implement the terms, conditions and provisions of the resolutions.
30. Previous Agreements. The Developer acknowledges that
nothing in this Agreement shall supersede, nullify or otherwise
negatively impact the terms of the Supplemental Subdivision
Improvement Agreements for Sunbow II, Phases IA, lB and lC, which
remain in full force and effect except to the extent specifically
modified by this Agreement. This Agreement affirms and reflects the
terms, conditions and provisions of the Sunbow II, Phase IA, lB and
lC Map Agreements, (Resolution Nos. 18661 dated May 13, 1997, 19342
dated January 19, 1999 and 19659 dated November 16, 2000
respectively, the Tentative Map conditions for Chula Vista Tract
90-07, applicable specifically to the Final Map for this Property
unless such terms have been specifically modified by this
Agreement.
31. Recording. This Agreement, or an abstract hereof
prepared by either or both parties, may be recorded by either
party.
32. 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.
12
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
Attn.: Director of Public Works
Developer:
ACI Sunbow, LLC
750 B Street, Suite 2370
San Diego, CA 92101
Attn.: Keith J. Horne
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.
13
e. Recitals; Exhibits. Any recitals set forth above
and exhibits referenced herein are incorporated by reference into
this Agreement.
f. Attorneys' Fees. If either party commences
litigation for the judicial interpretation, reformation, enforce-
ment 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.
(NEXT PAGE IS PAGE ONE OF TWO SIGNATURE PAGES)
14
PAGE ONE OF TWO SIGNATURE PAGES TO
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
SUNBOW II, PHASE 2A AND 2B
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed the day and year first herein above set
forth.
CITY OF CHULA VISTA
Shirley Horton, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to form:
John M. Kaheny, City Attorney
(NEXT PAGE IS PAGE TWO OF TWO SIGNATURE PAGES)
15
Oct-05-O0 02: 43P P.02
~.,,,vo,~, ~nt, ~.~:ut t-am. ~J.~ ,Iot~ ~Z-~ CV CITY ATTOR[~¥ 1~017
PA~.B~ ~0 OF TWO $~rGNATORB PA,~ES TO
SI~BOW II, PKASE 2A AND 2B
DE'LOPER:,
ACX Sunbow, LLC,
California Limited Liability
Company
By: Ayres Land Co.any. Inc..
Manager
Ke~th J.'Horne, President
(ATTACH NOTtLRY ACKNOWLEDGMENT FOR ALL SIGNATURES)
16
LIST OF ATTACHMENTS
Attachment A Legal Description of Property
Attachment B Open Space Irrevocable Offers of
Dedication
Attachment C Detention Basin Maintenance
Agreement
Attachment D Parks Agreement
Attachment E Mitigation Monitoring Agreement
17
ATTACHMENT A
LEGAL DESCRIPTION
Chula vista Tract No. 90-07, Sunbow, Phase 2A Units 8, 9, 10 and
12, and Phase 2B Units 7 and 11, Being a Subdivision of Portions
of the "Remainder Lot" of Chula vista Tract No. 90-07 Sunbow II,
Units 1 and 2 according to Map No. 13423, 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, May 28, 1997.
18
ATTAC~W. ENT B
OPEN SPACE IRREVOCABLE OFFERS OF DEDICATION
Attachment ~C" consists of pages of separately recorded
instruments, which irrevocably offer Lot ~Q" in Phase 2A and Lot
~W" in Phase 2B for Open Space and other Public Purposes
19
ATTACHMENT C
TO THE SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR SUNBOW
II FINAL MAPS PHASE 2A AND 2B
DETENTION BASIN MAINTENANCE AGREEMENT
1. Defined Terms. As used herein, the following terms shall mean:
1.1 "Complete Construction" shall mean that construction of
the improvements have been completed and have been inspected and
accepted by the City.
1.2 "Maintain" or "Maintenance" shall mean to furnish, or the
furnishing of, services and materials for the ordinary and usual
maintenance required for the operation of any detention basin or
similar type of improvement or as set forth in a City approved
maintenance program.
1.3 "Maintenance District" shall mean the Community Facility
District 98-3 (Open Space Maintenance District No. 35) established
by the City pursuant to State law.
1.4 "Detention Basin" shall mean the detention basin within
the property south of Telegraph Canyon Road and east of Paseo
Ladera as shown on Chula Vista Drawing No. 00037-5 and as "Drainage
Easement" located within Final Map Open Space Lot ~Q".
2. Condition Nos. &3 and 45 - Maintenance and Siltation Removal
in Detention Basin. In satisfaction of Condition Nos. 45 Tentative
the Developer agrees to the following:
2.1 Maintenance. Developer agrees to maintain the detention
basin in a manner that ensures its continued safe and effective
operation as a flood control facility protecting downstream
properties from damage due to inundation from the 100-year design
storm until both of the following has occurred but in no event
later than five years after issuance of the last building permit
within the final map:
1. Ail upstream grading within the Project area that is
tributary to the Detention Basin is completed and erosion
protection planting is adequately established, as determined by the
city Engineer in his sole discretion; and
2O
2.. The Detention Basin in Open Space Lot "Q" is accepted
for 100% of its maintenance by the Maintenance District.
Required maintenance activities shall particularly include but
not be limited to: removal of siltation attributable to the
Project; repair as necessary all slopes, berms and embankments
required to impound the 100 year design storm; repair and
replacement as necessary access roads, drainage structures, slope
protection including revegetation as required for erosion control
and energy dissipation installations all as shown on the Grading
Plans per Chula Vista Drawing No. 00037-01 through 13.
2.2 _Improvement Securities. Developer shall provide the City
with maintenance securities, in accordance with paragraph 4 below,
to guarantee Developer's maintenance obligations hereunder. In the
event of Developer's default in the performance of maintenance
obligations, Developer agrees to pay to the City any difference
between the total costs incurred by the City to perform such
maintenance work, and any proceeds from the maintenance security.
4. Security for Performance.
4.1 Cash De~oSito Prior to the City's issuance of the first
grading permit for the Project, Developer shall provide City with a
cash deposit or letter of credit for Developer's maintenance
obligations ("Security Deposit") under this Agreement in the amount
of $50,000. City shall hold the Security Deposit for the duration
of Developer's maintenance obligations hereunder, and expend such
deposit solely ~or purposes of said maintenance obligations in the
event of Developer's default in the performance of such
obligations. Should the City expend the cash deposit due to
Developer's default of its performance obligations, Developer
agrees to redeposit the equivalent sum of money needed to equal the
amount of the deposit required by this Agreement, $50,000, within
30 days of the City's request for such deposit. Ail interest
earnings on the Security Deposit shall be retained by the City
during this period. Except as provided in the Section below, any
unexpended amount of the Security Deposit, including any interest
earned, shall be released and remitted to Developer upon the
termination of its Maintenance obligations as set forth in this
Agreement.
21
4.2 Bonds. Prior to the City's issuance of the first
grading permit for the Project, Developer shall provide City with
bonds for a series of one year terms starting from the date of
issuance of said grading permit, in order to guaranty its
maintenance obligations in accordance with the provisions of this
Agreement and in the amount of $20,000. The Maintenance Bond(s)
shall be issued by a surety with a Best's A,V rating or better and
shall be in a form approved by the city Attorney. The City
Engineer, will review Developer's security provided herein every
year, when the bond expires and must be renewed by Developer. The
City recognizes bonds are issued for a one-year period, however it
will be the responsibility of Developer to ensure that at no time
will Developer leave a gap in providing security for its
outstanding obligations. Developer understands and agrees that the
City shall not issue any grading permits until the bonds and cash
deposit have been delivered and approved as sufficient by the City.
At the bond renewal time, the City Engineer may reduce the
bond requirement by an appropriate amount determined by the City
Engineer if i~ is determined by the City Engineer that the
maintenance obligations have been reduced. In addition, Developer
may request that another form of equivalent security, such as a
letter of credit or cash, acceptable to the City in its sole
discretion, be substituted for the bonds described herein.
Developer understands and agrees that such substitution is in the
sole discretion of the City.
4.3 Refund. In the event that the annual Maintenance costs
are reduced, the City Engineer may review at Developer's request to
reduce, proportionately, the amount of the Security Deposit and/or
Maintenance Bond required by this Section. City shall not
unreasonable withhold approval of such request.
5o Indemnification. Developer further understands and agrees
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 Developer, its agents or
employees, or indemnltee, related to the Developer's maintenance
activities within the Detention Basin. Developer 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
22
Developer, its agents or employees, or indemnitee, related to the
Developer's maintenance activities within the Detention Basin. The
approved 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 result of Developer's
maintenance activities 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 Developer's maintenance activities within the
Detention Basin. The approval of plans for the Developer's
maintenance activities within the Detention Basin and any related
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 the Developer's maintenance
activities within the Detention Basin and any related improvements.
The provisions of this paragraph shall become effective upon the
execution of this Agreement and shall remain in full force and
effect so long as the Developer has obligations under this
agreement.
23
ATTACHMENT D
TO THE SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
FOR SUNBOW II FINAL MAPS PHASE 2A AND 2B
SUNBOW PARK AGREEMENT
THIS SUlqBOW PARK AGREEMENT ("Agreement") is made effective on
the date hereinafter set forth below by and between ACI Sunbow,
LLC, a California limited liability company ("Owner"), and THE CITY
OF CHULA VISTA ("City"), a municipal corporation. City and Owner
whenever referenced herein collectively shall be referred to as
"Parties" and whenever referenced hereinafter individually may be
referred to as "Party." The Parties agree as herein provided, with
reference to the facts set forth below.
RECITALS
A. This Agreement concerns and effects certain real property
located in Chula Vista, California, more particularly described on
Exhibit "A" attached hereto and incorporated herein ("Property").
The Property is referred to as Sunbow II, Phases IIA and IIB, Units
7, 8, 9, and 10, Chula Vista Tract 90-07.
B. ACI Sunbow, LLC, is the owner of the Property.
C. Owner has applied for and the City has approved a
Tentative Subdivision Map commonly referred to as Chula Vista Tract
90-07 ("Tentative Subdivision Map") for the subdivision of the
Property.
D. The City has adopted Resolutions No. 15640 and 17177
("Resolutions") pursuant to which it has approved the Tentative
Subdivision Map subject to certain conditions as more particularly
described therein.
E. The Property is a part of a master planned community
commonly known as the Sunbow Project ("Project"), which is
subdivided by Owner's Tentative Map. The Project consists of
single-family and multiple-family residential units, a commercial
center, a community recreational park, an industrial park, open
space, and a school site.
F. Pursuant to the Resolutions, Owner must comply with
certain requirements as to park sites and facilities within the
Project in order for the city to approve its Final Map for the
Property.
1
G. The parties intend by entering into this Agreement that
Owner's compliance with th~ terms of this Agreement will fulfill
all of Owner's park requirements as described in the Resolutions.
NOW, THEREFORE, in exchange for the mutual covenants, terms
and conditions herein contained, the parties agree as set forth
below.
1. Park Obliqations. Notwithstanding any existing agreement
or existing entitlements for the Project which may provide to the
contrary, Owner's park obligations for the Project shall be limited
to the provisions contained in this Agreement, provided the Project
remains consistent with its approvals as of the date of this
Agreement and is not amended by the Owner to add more dwelling
units. The performance of Owner's obligations herein shall
completely satisfy Owner's park obligations for the Project,
provided., however, Owner understands and agrees that any changes by
the Owner to add more dwelling units to the Project may require
changes to the park obligations contained herein and that such
changes may require modifications to this Agreement and any existing
Project approvals. Owners and City acknowledge that the times for
performance set forth in this Article 7 are both critical and
exacting and thus both parties agree to work diligently and in good
faith to fully comply with these requirements since both parties
wi.ll benefit from such a joint effort. Owner and City further
acknowledge and agree that Owner's total park obligation for the
Project under the Existing Project Approvals, equals Seven Million
and 00/100 Dollars ($7,000,000.00) and shall be met as set forth in
this Agreement.
2. Greq Roqers Renovation Work. On or before October 14,
2000, Owner shall pay the City in cash an amount equal to Six
Hundred Thousand and 00/100 Dollars ($600,000.00) minus Two Hundred
Forty Three Thousand Two Hundred Sixteen and 74/100 Dollars
($243,216.74) (the total City approved costs of emergency repair
work performed by Owner or on Owner's behalf, pursuant to the
Emergency Repair Agreement between the Parties, dated February 1,
2000) and the One Hundred Thousand and 00/100 Dollar ($100,000.00)
(deposit provided to the City by the Owner). The money provided by
Owner, including the One Hundred Thousand and 00/100 Dollar
($100,000.00) deposit, shall be used by the City for the renovation
of Greg Rogers Park which will consist of improvements determined
by the City Manager's designee, which may include work to the ball
field, parking lot and food service facilities. City agrees to
consult with Owner with respect to the type of renovation work to
be performed at Greg Rogers Park.
3. Ten-Acre Park. Owner has previously provided the City with
an Irrevocable Offer of Dedication for a ten-acre park site ("Ten-
Acre Park") in accordance with the Supplemental Subdivision
Improvement Agreement, dated January 19, 1999. The Owner's
obligation to provide land for the location of a park within its
2
Project shall be limited to the ten acres described herein. In
addition to providing said land for the Ten-Acre Park, Owner shall
do the following:
a. On or before October 14, 2000, Owner shall provide
the City with a cash payment in an amount equivalent to Two Hundred
Fifty Thousand Dollars ($250,000.00) to be used by the City for the
design and preparation of improvement and construction plans for the
Ten-Acre Park. Owner acknowledges and agrees that the City shall
be responsible, in its sole discretion, for preparing such
documents.
b. On or before January 15, 2001, Owner shall provide
the City with a cash payment in an amount equivalent to One Million
Two Hundred Fifty Thousand Dollars ($1,250,000.00) for the
construction of park improvements for the Ten-Acre Park. The park
improvements for the Ten-Acre Park shall consist of improvements
determined by the City Manager's designee, provided, however, the
city Manager's designee agrees to consult with Owner with respect
to the type of improvements to be constructed. City agrees to
construct or have constructed by a third party hired by the City in
its sole discretion, the park improvements on the Ten-Acre Park in
the amount equal to the cash payment received by the City (pursuant
to paragraph 3(a) and 3(b) herein) minus the cost inc,~rred in the
preparation of all necessary plans, documents and/or any reasonable
costs approved'by the City for the Ten-Acre Park. City's obligation
to construct the Ten-Acre Park is contingent on the Owner having
furnished the City with the cash payments described in paragraphs
3a and 3b herein. City agrees to diligently pursue completion of
construction of the Ten-Acre Park.
4. Active Sports Park. City and Owner acknowledge that the
City Manager will be processing for City Council consideration,
after proper environmental review and analysis, a proposal for
construction of a sports park at some location on the Allied Waste
Landfill Property ("Sports Park"). Notwithstanding anything set
forth herein, Owner and City acknowledge and agree that there are
no commitments to construct the Sports Park.
5. Additional Payment. In addition to the cash payments
described in paragraph 3a and 3b, Owner agree to the following:
a. Owner shall provide the City with a cash payment in
an amount equivalent to Four Million Nine Hundred Thousand and
00/100 Dollars ($4,900,000.00) ("Additional Cash Payment") minus
money paid by Owner as set forth in this Paragraph 5c below on or
before the earlier of: the sale of any real property to be
developed for single family detached residential units in either
Phase II A or Phase II B located within the Property or the issuance
of the first building permit in either Phase II A or Phase II B.
The City anticipates that said money shall be used, in the City's
sole discretion, for construction of the Sports Park if said Park
3
is approved. Notwithstanding the foregoing, the City may use the
Additional Cash Payment as set forth below, if no later than
(March 1, 2001),the City determines, in its absolute discretion,
that the construction of Sports Park will not occur or cannot
progress within a reasonable time:
i. Two Million Five Hundred Thousand and 00/100
Dollars ($2,500,000.00) shall be applied by the City towards the
construction of additional improvements to the Ten-Acre Park as
determined by the City ~fter consultation with the Owner; and
ii. Two Million Four Hundred Thousand and 00/100
Dollars ($2,400,000.00) shall be applied by city for any park
purpose within the City's boundaries.
b. Failure to Provide Cash Payment. Owner's failure to
provide the Additional Cash Payment by the date set forth herein
shall be considered a failure to comply with the applicable
conditions of the tentative map, PFFP and this Agreement. In
addition, Owner's failure to provide the City with the Additional
Cash Payment shall be considered a default by Owner under this
Agreement.
c. Owner shall pay the City an amount not to exceed Two
Hundred Fifty Thousand and 00/100 Dollars ($250,000.00) in cash
within five (5) days after receiving City's written request for the
money. City agrees that said money shall be credited from the
Additional Cash Payment. City also agrees to use said money for
environmental review, planning and processing of the Sports Park.
If the Sports Park is not approved by the City for any reason, the
City shall have no obligation to refund to Owner any portion of the
money. In addition, City agrees to credit the Owner against the
Additional Cash Payment any reasonable costs determined by the City
to have been incurred by the Owner for the Sports Park. If the City
and Owner have a disagreement with respect to such credit or the
amount of the credit due to Owner, Owner shall still be responsible
for providing the City with the full amount of the Additional Cash
Payment as set forth herein. The parties agree to cooperate in good
faith in resolving any disagreement. Once the amount of the credit
has been agreed to by the parties, the City shall reimburse the
Owner such amount from the Additional Cash Payment received by the
City.
6. Deed of Trust. Within five (5) days of the City's
approval of this Agreement, Owner agrees to provide the City with
a properly executed and acknowledged deed of trust, in a form
attached hereto as Exhibit C, to be approved by the City, ("city's
Trust Deed") to be recorded in the Office of County Recorder, for
the purpose of securing the performance and satisfaction of Owner's
duties and obligations as contained in Paragraph 3 and 5 of this
Agreement. The occurrence-of a breach or default under Paragraph
3 or 5 of this Agreement shall constitute a "default" under the
4
City's Trust Deed.
a. Property. The real properties which are the subject
matter of the City's Trust Deed, are as described in said Trust Deed
("Trust Deed Property") and is commonly known as Phase IIA and Phase
IIB, as described in the PFFP.
b. Equity. Owner warrants and represents that a fair
market appraisal, of the Trust Deed Property has been performed as
of June 1, 2000 by an MAI appraiser and that the determination of
value under that fair market appraisal exceeds Six Million One
Hundred Fifty Thousand and 00/100 Dollars ($6,150,000.00) (~Minimum
Value"). The city further acknowledges and agrees that the TrUst
Deed Property is at least equal to the Minimum Value as of the
effective date of this Agreement, that the Trust Deed Property is
free and clear of all encumbrances thereon, other than those
encumbrances that are approved by the City (the "Approved Trust Deed
Property Encumbrances"). AS used herein, the term "Approved Trust
Deed Property Encumbrances" shall mean all of the following: (1) all
of those encumbrances and exceptions to title set forth in that
certain preliminary title report issued by Chicago Title Company
(~Title Company") (Order No. 93100D60-U52) dated as of
September 11, 2000, which is attached hereto as Exhibit D, other
than items Nos. thereof, and (2) such other encumbrances
reasonably approved by City. Owner shall bear the cost of said
title report. Owner shall cause Title Company to issue to City at
Owner's sole cost and expense within thirty (30) days after the
recordation of the City's Trust Deed a CLTA loan policy dated as of
the date and time of the recordation of the City's Trust Deed with
liability in the amount of the Minimum Value. This loan policy
shall name City as beneficiary under the City's Trust Deed and as
holder of a good and valid lien against the Trust Deed Property,
subject only to (i) the standard printed exceptions of Title
Company, and (ii) the Approved Trust Deed Property Encumbrances.
Owner agrees not to encumber the Trust Deed Property in a manner
which would adversely affect the City until the City's Trust Deeds
are released pursuant to Paragraph 6(c) below, provided, however,
that (a) Owner shall be entitled to encumber the Trust Deed
Property, Unit 12, and the school site in an amount sufficient to
provide adequate security to a third-party surety that Owner will
complete all required improvements equal to approximately
$15,000,000 to the Trust Deed Property, Unit 12, and the school
site; and (b) the City agrees to subordinate its interest and
priority in the Trust Deed Property, Unit 12, and the school site
to any such security provided by Owner to a third party surety~
provided said subordination is only for improvements equal to
$$15,000,000. Owner further agrees not to take any actions which
would cause the value of the equity of said Trust Deed Property to
decrease below the Minimum Value. If Owner takes any such action
which causes the value of the equity of said Trust Deed Property to
decrease below the Minimum Value, such action shall not be a default
by Owner under this Agreement, if, in such event, Owner supplements
5
the Trust Deed Property with real property that has sufficient
equity to cure such deficiency or otherwise provide security
acceptable to the City.
c. Full Reconveyance of Trust Deed. Within ten days of
Owner's request, the city shall execute and deliver to Owner a Full
Reconveyance of the city's Trust Deed in the form attached hereto
as Exhibit "E" at such time as all of Owner's obligations under
Paragraphs 3 and 5 of this Agreement have been fulfilled.
7. Satisfaction of ACI's Obliqations. Only as to Owner's park
obligations, compliance with this Agreement satisfies Owner's
obligations with respect to the Project as currently approved, under
the SPA Plan, the SSIA, and any other Sunbow entitlement.
8. Attorneys' Fees and Costs. The prevailing party in any
action or proceeding, including arbitration or declaratory relief,
arising from this Agreement shall be entitled to reasonable
attorneys' fees and costs incurred therein. For purposes of this
Agreement, "prevailing party" shall mean the party which is awarded
substantially the relief sought.
9. Time of Essence. Time is of the essence of this Agreement
and of all provisions hereof. Subject to the provisions of
Paragraph 8 of this Agreement relating to delays, all obligations
of this Agreement shall be performed as necessary to satisfy this
Agreement.
10. Covenant of Good Faith, Fair Dealinq and Cooperation.
City and Owner shall take no action which prevents or hinders the
other party's performance of its obligations created by this
Agreement, or which deprives the other party of the benefits hereof.
The parties shall act in good faith in the performance of their
obligations, and shall assist and reasonably cooperate with each
other in the performance of this Agreement and in executing such
documents and performing such acts as are necessary to fulfill this
Agreement.
11. Notices. Any demand upon or notice required or permitted
to be given by one party to the other party shall be in writing.
Except as otherwise provided by law, any demand upon or notice
required or permitted to be given by one party to the other party
shall be effective (i) immediately upon personal delivery, (ii) on
the second business day after mailing by certified or registered
U.S. Mail, return receipt requested, or (iii) on the business day
after mailing by Express Mail or after deposit with a private
delivery service of general use (e.g., Federal Express), postage or
fee prepaid as appropriate addressed as shown below:
If to City: City Manager
City of Chula Vista
276 Fourth Avenue
Chula vista, CA 91910
With a copy to: Director of Parks and Recreation
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
If to Owner: Keith Horne ACI Sunbow, LLC
750 KB" Street, Suite 2370
San Diego, CA 92101
With a copy to: Thomas F. Steinke, Esq.
Seltzer Caplan McMahon Vatic,
A Law Corporation
750 "B" Street, Suite 2100
San Diego, CA 92101
12. Inteqration. This Agreement, and the exhibits and
recitals incorporated herein, fully express all ~understandings of
the parties concerning the matters covered herein. All prior
negotiations and agreements are merged herein. No change,
alteration or modification of the terms or conditions of this
Agreement, and no oral understanding of the parties, their officers,
agents or employees, shall be valid unless made in a writing signed
by both parties.
13. No Waiver. No failure of either City or Owner to insist
upon the strict performance by the other of any covenant, term or
condition of this Agreement, nor any failure to exercise any right
or remedy consequent upon a breach of any covenant, term or
condition of this Agreement, shall constitute a waiver of any such
breach or of such covenant, term or condition. NO waiver of any
breach shall affect or alter this Agreement. Each and every
covenant, condition and term hereof shall continue in full force and
effect notwithstanding any existing or subsequent breach.
14. MuniciDal Powers. Nothing contained in this Agreement
shall be construed as a limitation upon the powers of city as a
chartered city of the State of California.
15. Additional Remedies. In addition to the remedy provided
by Paragraph 5(b) herein, Owner understands and agrees that the
remedy set forth in Paragraph 26 of the Supplemental Subdivision
Improvement Agreement dated October 10, 2000 (in which this
Agreement is attached as Attachment ~'D") shall be available to the
City, should the City determine the Owner to be in breach of the
terms of this Agreement.
7
Oct-05-O0 03: 53P P.06
SIGNATURE PAGE TO'
SUNBOW PARK AGREEMenT
IN WITNESS WHEREOF, this Agreement is signed by the City of
Chula vista acting by and through ,its City Mauager pursuant to
He~olutfon No. ,. au~horizlng ~uch execution, and by AC~
S~ow, ~C.
"CITy" ~'0~"
~E CI~ OF ca~ VISTA, ACI S~OW, LLC,
a municipal co~oration a California ~imited
Ey: By: /~yres Land Company, Inc.
Its: City Manager Its: Manager
A~PROVED AS TO FOR~{ BY: [tS: . .
city Attorney
LIST OF EXHIBITS
Exhibit "A" Real Property Description
(Phases IIA and IAB)
Exhibit '~C" Trust Deed
Exhibit "D" Preliminary Title Report
Exhibit ~E. Reconveyance Deed
EXHIBIT "A"
ATTAC~NTA
LEGAL DESCRIPTION
Chula Vista Tract No. 90-07, Sunbow, Phase 2A Units 8, 9, 10 and
12, and Phase 2B Units 7 and 11, Being a Subdivision of Portions
of the ~Remainder Lot" of Chula Vista Tract No. 90-07 Sur&bow II,
Units 1 and 2 according to Map No. 13423, 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, May 28, 1997.
18
OCT. 5.2888 9:31AM SCMV NO.?ii P.2/5
EXHIBIT "C"
RECORDING REQUESTED BY
AND ~ RECORDED IVlAIL TO
Name
City/State
Title Order No.
Escrow No.
Spac~ above this line for recorder's use "
DEED OF TRUST AS SECURITY
This DEED OF TRUST, made , betw~n
ACI SUNBOW, LLC, h~ein called TI~usToR, whose midmss is 750 B Street, Suite 2370, San
Diego, C~lifonga 92101, CHICAGO TITLE COMPANY, a California Corporation, he~ia
called TRUSTEE, and the CITY OF CHULA VISTA, a municipal corporation, he~in oal[ed
BENEFICIAKY, Tnmtor irrevocably grants, transfer~ and assigas to Trustee in Trust, with
Power of Sale that property in San Diego County, Chuia Vista, California, described as:
See description set forth in Exhibit "A" attached hereto mid incorporated herein
Together with thc rents, issues and profits dlcr~of, subjcct, howevc£, ~o ~he fight; power and authority her~fns~a' given to and
~ont~rred upon Ben efi~iary to collect and apply such re, Its. issues and profits.
For the Pu~ose of S~uring payment of the sum o1' $4,650,000.00 a~oording to thc ~erms of Section 5 of that certain agreement
dated madc by and bgtween Trustor and Bencficiary alia.hod hereto a~ Exhibit "B".
OCT. 5.2000 9:31AM SCM¥ M0.711 P.3/5
To proU~t thc security of this Dccd ui' Trust, end with respect to thc propert~y ohovc describe'4, Tm~or cx.or~zsty makes ca~h and
all of ~he e~r~mua~ end adop~ aud. ~eS ~o perform end be bound by ~a~l and all of thc terms and provioinns sc~ forth in
Bxh~it
STATB OF CALIFORNIA ) Siga~lure of Tmmior
OOUIn'I'Y OP S~ D~O )
On , b~ ~, , a
N~ ~bUc ~ ~d ~r ~d Co~ ~d S~ po~y
~P~
p~on~y ~o~ ~ mc (or p~v~ m mc on ~e ~is of
~(i~), ~d ~ by hi~/~ si~s) on ~
~t tc P~O) or tc ~ upon b~f of which the
~SS my h~ ~ o~ ~,
~is ~ for o~c~ no~l s~)
Si~h,~
O:\~\~739\51363\Tr~\dead of lmm! (wo a & b).duc
OCT. 5,~000 D:BERM SCMV N0,711 P.475
Exhibit "B'
Section 5 of the Sunbow Park Agreement to be added
P.OZ
Oct-05-O0 O1:43P v~-~.~,u~,~
EXHIBIT "D"
SUBDIVISION OUA_RANTEE
Dated: september 11. 2000 et ?:30 A.bl_
SUI3divis:iOn:
CHICAGO TITLE INSURANCE COMPANY
a corporation, herein called the Company
GUARANTEES
The County of SAI,~ DI'EGO and any City wlthin which said suDdivisJon is located inasumnot
exceeding $1,000_00 that, according to those 13ublic records which, under the recording laws, iml~t~ constructive
notice of mailers affecting the title to the land included within the exlerior boundary shown'on the map of the above
referenced subdivision, the only part/es having any record title interest in said land whose signatures are
necessary, under the requirements Of the Subdivision Map Act, on the certificates consenti~lg to the
recordation of said map and offering for dedication any streets, roads, avenues, and othe~ easements offered
~or dedication by said map are as set f0tlh In Schedule A.
Issued by:
CHICA~O TITLE INSURANCE COMPANY
925 "B" STREET
SAN DIEGO, CA 92101
PHONE NO. (619) 739-6081
FAX NO. (619) 54~.-62TT
OWNER;
ACI SUNBOW, LLC
TRUST DEED HOLDER:
CHICAGO TITLE COMPANY-, A CALIFOR.~A CORPORATION AS TRUSTEE UNDER DEED OF TRUST
RECORDED ~U~UST I. ~986 AS FILE NO. 86-32396G, OFFICI~.L R~CORD$.
T~ PROVISIONS OF SECTION 6~436, ~UBgECTION iA)(3)IA)ii} OF GOVERNMENT CODE, THEIR
PoAcy No-
Pa~,e 1
~ODY,
P.O5
Oct-05-O0 O1:44P ................................ ~u~,~*.
(~ CHICAGO rlrLE COMPANY
PRELIMINARY REPORT
THIRO AMENDEO O&ted as of: September 11.2.000 at 7:30AM
Reference: SUNROW UNIT 2A Order NO.: ~31000~0 - U52
CHICAGO TITLE COMPANY hereby reports that it is prepared to issue, or cause [o be ~ssued. as of. Ihe date
hereof, a Policy o~ Policies of Title Insurance descdl~iflg tl~e lam:/a¢~l the aet~e or intereSt therein hereinafter se( forth.
insuring against loss which may be sustained by reason of soy defect, lien or encuml0rence not shown or referred to as
an E. XCal~On in Sche~lule B or not exClpded from coverage Dursuan£ tO the prime~l Sche~lules. Conditions and
Stipulat'ion~ of ~airt Poticy foetus.
The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the ar~acheO list.
Copies of the Policy forms are available upon reques[.
Please read the mcceptlons shown or re~erred to in Schedule 8 and the exceptions and excluelone s.! to~h in the
att~Checi IJa of this report carefully, The excel~lons and exclusions era meant to provide you wl~h notice cf matters
which are not covered under the terms of the title insuranCe policy ami should t~e carefully conaicleracL it is
ImPolTent to note that this p~llmlnaty report is not · written reprelenm[Ion ag to the COndition of lille and may net
It~ ail liens, defects, -.nd encumbrances affecting ~ltle co the land.
THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOl.ELY FOR THE PURPOSE OF
FACILITATING THE ISSUANCE OF A POUCY OF TITLE INSURANCE AND NO LIAI~II ITy IS ASSUMED HEREBY'. IF IT IS
DESIRED THAT LIARILJTY 8E ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE. A BINDER
OR COMMITMENT SHOUU~ 8E REQUESTED.
The torm of policy of title insurance contemplated by this report is:
CALIFDI~NIA LAND TITLE ASSOCIATION ~TANDARD COVERAGE POLICY
'CF'IICAGO ;I~'LE COMPANY
925 "a' STRE~
~N DIEGO. CA.
(619J5~2~ f~: (61g)5~279
Gary Dry, an
TITI~ OFFICER
P.06
Oct-05-O0 O1:45P .~ . ~. .... .
SCHEDULE A
OrderNo: 93t00a~o ~S2 YourRef: gUNBOW ',~J.T 2A
L The e~tat¢ or interest ia the l~d hercia~ter dgscr ~d or rcferredto co~c~d by ~is repo. is:
2. Title to said estale or interest at the dzre hereO[ is vested in:
3. Thc land referred rom thi~ report Ls situated iu the State o[CaJi/ornia, Cou~P/of s~
~T ~RT~ OF ~ "R~I~ER LOT" OF ~ ~TA T~CT 90-0? ~OW
D~E~. ETATE OF ~I~, ACC0RD~ ~ ~ ~EOF ~. 13917, ~C0~
~E OFF~CE 0F ~E ~ RECO~ OF S~ DIEGO C0~ 0N J~Y
Oct-05-O0 01:q-SP ............................ ...... ~ --.P'07
$C.H~DUI-~ ]5
Pa~¢ I
· OA, A~ EASEMF2rr FOR THE ~URFOSE SHOWN ~ELOW
G~D TO: OTAY ~XCI~ WA~R DIS~ICT, A M~XCIP~ ~ATER
11. INTENTIONALLY OMITTED.
TRUSTEE: FIRST AMER.~CA~/ TITLE INSURAI4CE COMPANY, A CALIFORNIA
r A PARTIAL RECONVEYANCE OF SAID DEED OF T~UST RELF_ASING 9~CEL$ 1 THROUGH ¢
OF PARCEL MAy NO, 1496~ RECO~ED FEBRUARY 1O, 1~88 AS FILE NO. 88-0g]1~¢ OF
OFFICIAL RECORDS.
Oct-05-O0 01:46P ........................................
SCHEDUL~ B
'(continued)
A SU~STZTUT~'O~ OF TRU~TI~E UIqDER SA~D DEED OF ~UST ~CH ~ ~ THE
S~STI~ED ~U~TEE, ~E FGLLOWI~
~USTEE: Chi=ago Title Co~F, A California
w ]-3. INTF~qTZONALLY O~TTED.
PL~LIC UTtLI:TI£$, ENGRES$ ,a..'qD ~:~RESS
DATED: OCTOBL~ 6, 1988
~CO~, OC~B~ 28, 1988 ~ FZLE NO- 89-~51824 OF OFF~CI~
RECO~S
REG~ING: T;IE FINANCING OF THE SCKOOL F~CILITIES (COMMUNITY
FAVOR OF: THE CITY OF CHL~A VISTA
SAID OFFER WAS ACCEPTED FOE ~UBLrC USE BY A R~SOLUT[ON.
F~F~CUTED BY: TH~ CITY OF CHU[aA V~$TA
OCT. 5.2000 9: 3EAM SCMV N0.?ll P.5/5
EXHIBIT "E"
~CO~G~Q~S~DBY
AND ~frIEN RECORDED MAIL TO
Name
Addms~
clty/st~e
..... Space above this line for r~e°rde~~s use
FULL RKCONVEYANCE
CHICAGO TITLE COMPANY, Cslifornia corpera6on, as Trustee, or SUccessor Trustee, or
Substituted Trus~e, under Deed of Trust dated executed by
SUNBOW, LLC, Trustor, and recorder as Instrument No. on
, in Book , Page . , of Official
Reeords in the offiee of thc Recorder of San Diego County, California, describing land therein
a~:
Having received from holder of thc obli~stinn$ ~under a written .:quest ~o reconvey, reciting that alt sums secured by said
Deed of Trust lmw been fully paid, s~d s.~d Deed of Trust Md the not~ or noteS ~ecur~l ~emby having been surr~udv~l ~o said
1Yust~ for cunccllntion, do~s hen:by RECONVEY, without watteaU, W thc person or persons leg~ly enfi~ded thereto, the estaze
now held by it ~ermmder.
STATB OF CALIP0~CiA ) CHICAGO TErLE COMPANY,
COUNTY OF SAN DIBGO )
By:
, before m~. , · a Au~horlzed
Nots~ PubHo in ~d for said Co~ ~d
,.
p~o~y kno~ ~ me (~r pwv~ ~ me on ~e b~is of
~bscdb~ ~ t~ wi~ in~t ~d a~owl~ ~ me
~ he/~th~ ~u~ ~e ~ ~ ~/~eir ~o~
~i~(i~), ~ ~ by ~/~ek ~U~c(s) on
~SS ~ h~d ~d offidal
Si~ ........ (~
ATTACHMENT E
TO THE SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR SUNBOW
II FINAL MAPS PHASE 2A AND 2B
MITIGATION MONITORING AGREEMENT
Developer shall continue its monitoring program which includes the Snake
Cholla, Coast Barrel Cactus and Orcutt's Bird's-Beak for a period ending on
December 31, 2003, or at an earlier date if approved by the City's
Environmental Coordinator at her/his sole discretion and shall be responsible
for replacing said plants as may be needed to meet the success criteria set
forth in the Salvage and Revegetation Plan for Five Plant Species of the
Sunbow II Project, (SRP), ERCE, April 1992.
Developer shall, ~ontemporaneously with execution of this agreement, deposit
the cash sum of $15,000 with the City to ensure compliance with the monitoring
and replacement of plants as described above.
Should the city's Environmental Coordinator in her/his sole discretion
determine at the end of the monitoring period described above that the success
criteria has not been met, City shall have the absolute right to utilize the
cash deposit to achieve the success criteria.
25
\ 0 /l~/oo~ ~ ~~\).~LOl.\\(),\~
~k~~
ARTICLE III.
CITY COUNCIL.
Sec. 300.
Member~ Eliqibilitv and Terms.
A. There shall be a City Council of five members, consisting
of four Councilmembers and a Mayor, elected from the City at large
at the times and in the manner provided in this Charter.
B. No person shall be eligible to hold office as members of
the City Council unless they are residents of the City of Chula
Vista, and at the time of their election or appointment, qualified
electors of the City or of territory annexed thereto.
C. The term of each member of the City Council shall be for a
nominal term of four years and shall commence on the first Tuesday
of December of the year of the election and shall continue until a
successor qualifies. The term for the Mayoral seat and Council
seats numbers one (1) and two (2) shall be deemed to commence on
every fourth anniversary of the first Tuesday of December of 1990
and the term from Council seats numbers three (3) and four (4)
shall be deemed to commence on every fourth anniversary of the
first Tuesday of December 1988.
I
I
D. No person shall be eligible for nomination and election to
the office of City councilmember or Mayor for more than two (2)
consecutive terms, and no person who has held a Council office for
a period of two (2) consecutive terms or the Off~~ ~r for
two (2) consecutive terms, may again ~ nominat nand el ction
to said offices of Councilor Mayor respectively unt iod of
one (1) year from the termination of the second term for
Councilmember or Mayor has elapsed; provided, however, that any
person who is appointed by the Council to fill the office of
Councilor Mayor or elected in a special election for the balance
of a regular term of Mayor and/or Council for a period of two (2)
years or less may seek nomination and election for two (2) full
terms thereafter.
I
E. Each Council seat shall be numbered one (1) through four
(4) respectively. Persons seeking election to the City Council
shall at the time of filing nomination papers, select one of said
seats as the Council position for which they seek election.
I
F. Persons running for a Council office shall designate one of
the two numbered Council seats as memorialized by resolution of the
Chula Vista City Council on file in the office of the City Clerk.
Should a vacancy occur at any time in a Council seat or seats, if
said vacancy is to be filled by a special election as provided in
Section 303 of the Charter, candidates for said vacancy shall
similarly designate the appropriate numbered seat on their
nominating paper.
I
I
I
I
Schedule A
Type or print In Ink.
Amounts be nded
SCHEDULE A
Monetary Contributions Received may rou Stbb..........nt covers period
to whole dollars. CALIFORNIA 460
from 1-1-99 FORU
through 12-31-99 Page q of 8
SEE INSTRUCTlONS ON REVERSE
NAME OFFILER 1.0. NUMBER
Jerry RI ndone for CI ty Counc i I 992056
FULl NAME. MAlUNG ADDRESS AND ZIP COllE 01' CONTRIB\/TOR CONTRIBUTOR IF AN INDlVIDUAL. ENTER AMOUNT CUMUlATIVE TO DATE CUMUlATIVE TO DATE
DATE (Jf COIr6IlITEe, AlSO ENTER 1.0. NUMBER) OCCUPATION AND EMPLOYER RECEIVED TH1S CALENDAR YEAR OTHER
RECEIVED CODE * (IF SElF-EWPLOYED, ENTER NAME PERIOD (JAN. 1 . DEC. 31) (IF APPLICABlE)
Of BUSINESS)
10-30-99 Barbara M::AII I ster ~IND Ret I red 250.00 250.00
857 Cres t Dr I ve DeOM
Olula Vista, Ca 91910 DOTH
11-26-99 Wad I e Deddeh I2!lIND Bob WI I son 250.00 250.00
761 Cabr I I I 0 Avenue DeOM Associates
Coronado, Ca 91910 DOTH
11-26-99. M3ry Lynn Deddeh ~IND Ret i red 250.00 250.00
761 Cabr I I I 0 Avenue DeOM
Coronado, Ca 91910 DOTH
12-22-99 Howard Berkson I2'llIND Real Estate 250.00 250.00
3325 Wi ndbreak Ct. DeOM Deve I oper
San Diego, Ca 92130 DOTH Berkson Rea I ty
Mvisors
12-22-99 Bob Wi I son I2'llIND Bob Wi I son 250.00 250.00
P.O. Box 332 DeOM Associates
Driggs, Idaho 83q22 DOTH (se I f-errpl oyed)
. , I
SUBTOTAL S 1250.00
-
Schedule A Summary
1. Amount received this period - contributions of $100 or more.
(Include all Schedule A subtotals.)....................................................................................................... $
2. Amount received this period - un~emized contributions of less than $100 ......................................... $
3. Total monetary contributions received this period.
(Add Lines 1 and 2. Enter here and on the Summary Page, Column A, Line 1.) ................... TOTAL $
3300.00
1061.00
'~Codes
INO -1ndMduaI
COM - RecipIen1 Commltt99
OTH - Other
Q361.00
FPPC Form 460 (8199)
For Technical Assistance: 9161322--5660
Campaign Bank Account
Type Of" Print in Ink.
For ~ial Use Only
'99 NllV-5
Check One: KJ Initial
o Amendment
o Redesignate the Account for Future
Election to the Same Office
CITY OF CHULA ViS,
CITY CLERK'S omc
1. Candidate Information
FUll NAME OF CANDIDATE (lAST, FIRST, MIOOlE)
RINDONE, JERRY R.
ADDRESS (NO. AND STREET)
226 GUAVA AVENUE
DAYTIME PHONE
E-MAil (OPTIONAL)
CITY
CHUIA VISTA,
~rTE
gj''9'i'(j'E
(619 ) 691-5640
FAX NUMBER
YEAR OF elECTION
OFFICE SOUGHT AND AGENCY NAM!
COUNCIlMAN, SEAT #3, CITY OF CHUlA VISTA
(619 ) 422-8123
2000
TYPE OF ELECTION
{Check One if Applicablej
o Spec", 0 Recall
2. Account Information
FINANClAllNSTITUnoN
SCRIPPS BANK
ACCOUNT NUMBER
ADDRESS (NO. AND STREET)
399 H S1REET
0910056833
DAYTIME PHONE
DATE OPENED (Uonth/OaylYearl
CITy
STATE
ZIP CODE
91910
( 6191 409-1200
11-04-99
CHUlA VISTA,
CA
/
/
3. Verification
I certify under penalty of perjury under the laws of the State of Cal~ornia that the foregoing is true and correct.
11-4-99
DATE
By ~~~:,~ ~"\
Executed on
FPPC Form 502 (8/99)
For Technical Assistance: 9161322.S660
RECEI
OFFICIAL RUNG FORM
NOMINATION
PAPER
'99 lEe-9
CITY OF CHU
CITY CLERK'
We, the undersigned voters, hereby nominate
Jerry R. Rh..1Ui12
for the office of
Member of the City Council - Seat # 3
for the City of ..........................
Chula Vista
10 be voted for allhe ....................
General Municipal
March 7, 2000
Election
10 be held on Tuesday, ..................
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DECLARATION OF CIRCULATOR
(on next page)
AFFIDAVIT OF NOMINEE
AND OATH OR AFFIRMATION OF ALLEGIANCE
(on next page)
/
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DECLARATION OF CIRCULATOR
(Do not type this section. It MUST be filled out in your own handwriting.)
I, :s;;.(.1,f<.', ~. p.,,' N./)(JN t: ,residing at '5,1;~ed the petition and witnessed the appended
signatures being written. That according to the best infomtation and belief each signature is the genuine signature of the person Whose name it purports to be.
The signatures were obtOned between AJ d </ , I ~ , 19 !l!!I- ' and e ,;-~. ~ ' 19!1L.
I certify (or declare) under the penalty of pe~ury u_r the laws of the Stale of Cardomia that the foregoing is true and oorrect.
Executed by me at (;~V It+-- 1JJ~ ,on [)ec;. OJ ,19~.
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and that he or she _the _ng designation
to appear on Ihe ballot under his or her name: .,...........,.,.........,
AFFIDAVIT OF NOMINEE
AND OATH OR AFFIRMATION OF ALLEGIANCE
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that he or she wi! accept the office In the event of his or her-',
that he or she desires his or her name to appear on 1he ballot as follows: .....
I, do solemnly swear (or aftirm) that, wi! support and defend the ConstiIulion of the uniIeCI Stales and the ConsliIution of the State of CllIiIomia against 81 enemies,
Ioreign and domestic; that 1 will bear true Ial1h and allegiance to lhe Conslitution of the UniIeCI States and 1I1e Constillllion of lhe State 01 CaIiIomia; 1I1at 11ake this
obligation freely, without any mantO IllSOMltion or purpose of evasion; and that , wll....' and Iaithlully discharge the duties upon wI"ia1' am about to enter.
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COUNCIL AGENDA STATEMENT
Item
Meeting Date 10/10/00
ITEM TITLE: Resolution Approving the seventh amendment to Smith and
Kempton contract, waiving the consultant selection process as
impractical and appropriating funds therefor
SUBMITTED BY: Director of Public Works ~
REVIEWED BY: City Manager (~.Ia' w,~-~' (4/5ths Vote: X No __)
On August 8, 1995 Council approved an agreement with Smith & Kempton to provide Program
Management Services on the 1-805 Interchange Projects and to provide continuing Advocacy
Services related to the TransDIF Program and SR-125. A significant amount of progress has
been made toward completing the tasks contained in that agreement. The tasks for Program
Management of 1-805 interchanges were indicated in the agreement as ongoing. A 12-month
extension of the current contract was approved on July 25, 2000. The current contract will
expire on August 1, 2001. That contract included a continuation of task work relative to SR-125
toll road agreements and assistance to California Transportation Ventures. On August 22, 2000,
Council approved a resolution directing the City Manager to conduct further analysis regarding
the purchase of the SR-125 Toll Road Franchise. With the advent of this new work, and a new
role for Smith & Kempton in terms of representing the City during this review, Task 3 of the
current contract must be amended to incorporate a scope of work consistent with Council's
recommendations.
RECOMMENDATION: That Council approve the seventh amendment to Smith Kempton
contract, waive the consultant selection process as impractical and appropriate funds therefor.
BOARDS/COMMISSION: Not applicable.
DISCUSSION:
Current Contract Agreement
In terms of progress, Smith & Kempton, working with City staff and other consultants involved
in this effort, has made substantial gains in moving toward the City's objectives of: (1) early
delivery of the 1-805 interchanges at Telegraph Canyon Road, East Orange Avenue/Olympic
Parkway and East Palomar Street; (2) acquiring funding for these projects; and (3) addressing
implementation issues for the SR-125 Toll Road.
The 1-805/Telegraph Canyon Road interchange has been completed and is opened to traffic. The
East Orange Avenue/I-805 interchange is in final stages of the project study report. The design
phase will start next year with construction slated for 2002.
With respect to funding advocacy, the team continues to pursue all available funding sources and
strategies. In add/~tion, we have competed successfully for Surface Transportation Program
Page 2, Item
Meeting Date 10/10/00
funding through SANDAG to complete the necessary financing package. Smith &Kempton has
also been pivotal in negotiating and resolving issues with CTV on the SR-125 project.
Smith & Kempton has sent out letter of interests to consultants to provide the services needed to
further analyze the early implementation of SR~125. Those consultant contracts should be to
City Council by late October or early November.
The previous contract amendment included $30,000 for 1-805 Program Management (Task i),
and $190,000 for Advocacy Services (Task 2 and 3), including funding advocacy and SR-125
negotiations.
Additions to Task 3
Task 3 currently covers a level of effort not to exceed $30,000. It is proposed that the budget for
Task 3 be increased from a not to exceed $30,000 level to $90,000 for the course of this contract
amendment. This amount would include $87,600 to cover fees for services and an additional
$2,400 to cover increased travel expenses associated with this extra work. It is proposed that the
scope of this task be revised to eliminate any assistance to be provided to CTV unless such
assistance is provided in the capacity of a direct representative of the City, and that the following
subtasks be added to this work item:
1. Initiate and manage further discussions/negotiations with CTV on terms and conditions
for a transfer of the SR-125 Franchise which are acceptable to the City.
Product: A Revised Indicative Term Sheet
2. Obtain all available data and information from CTV to allow for a full peer-level review
of projected toll revenues, operating costs and project design and construction estimates.
3. Assist the City Manager in gaining the use of SR-125 Developer Impact Fees to hire
qualified expert resources to review traffic and revenue forecasts, to conduct a financial
appraisal and to obtain outside legal resources when necessary.
Product: Independent traffic and revenue forecasts and a completed financial appraisal.
4. Oversee and manage the selection and conduct of consultants involved in the peer-level
review of information used by CTV in making traffic and revenue projections for this
project.
Product: A peer-level review analysis of CTV projections.
5. Oversee and manage the selection and conduct of a financial consultant to develop a
financially based appraisal of the project.
Product: Completed financially based appraisal.
6. Working with the City Attorney Office, oversee and manage the selection of outside legal
counsel, when necessary, to advise the City on legal issues related to a public buyout of
SR-125.
Page 3, Item
Meeting Date 10/10/00
7. Involving appropriate City staff, initiate discussions with SANDAG, the County of San
Diego and other appropriate jurisdictions and agencies regarding potential creations of a
Joint Powers Authority.
Product: Proposed Joint Powers Agreement, as appropriate.
8. Involving appropriate City staff, initiate discussions with the City's legislative delegation
to inform members of the City's objectives and to review options for implementation of
the SR-125 toll facility.
9. Involving appropriate City staff, initiate discussions with officials at CalTrans, the
Business, Transportation and Housing Agency, the State Treasurer's Office and the
Governor's Office regarding the project and to gain support for the City's objectives.
10. Explore the need for legislation and identify statutory changes which might be required to
accomplish the City's objectives.
Product: Draft legislation, as needed.
11. Develop an implementation schedule which meets the City's needs and results in the
earliest possible construction of SR-125.
Product: Implementation schedule.
Waiver of Consultant Selection Process
Staff recommends that Smith and Kempton be engaged to do this additional work without
soliciting alternative bids in accordance with the City's standard consultant selection process.
Given Smith and Kempton's substantial work to date on this project and complete understanding
of the issues, they are uniquely qualified to perform this work. Under these circumstances it
would be impractical to solicit alternative bid proposals, and staff recommends that the
consultant selection process be waived.
FISCAL IMPACT: The City has authorized contracts and amendments to Smith & Kempton
totaling $803,431.76 over the last four years for project management work on the interchanges
and for SR-125 advocacy.
This action will increase the cost to the City by $60,000. This amendment will be funded from
the Interim Pre-SR-125 fund after the ordinance becomes effective in 37 days. The first reading
of that ordinance is a companion item on tonight's agenda.
File: 0735-10-STM327
H:LHOME~ENGINEERXAGENDA\s&k7thamend.doc
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE SEVENTH AMENDMENT TO
SMITH AND KEMPTON CONTRACT, WAIVING THE
CONSULTANT SELECTION PROCESS AS IMPRACTICAL
AND APPROPRIATING FUNDS THEREFOR
WHEREAS, on August 8, 1995, Council approved an agreement
with Smith & Kempton to provide Program Management Services on the
1-805 Interchange Projects and to provide continuing advocacy
Services related to the TransDIF Program and SR-125; and
WHEREAS, a significant amount of progress has been made
toward completing the tasks contained in the agreement, however,
the tasks for Program Management of 1-805 interchanges were
indicated in the agreement as ongoing; and
WHEREAS, a 12-month extension of the current contract was
approved on July 25, 2000 and will expire on August 1, 2001 and
included a continuation of task work relative to SR-125 toll road
agreements and assistance to California Transportation Ventures;
and
WHEREAS, on August 22, 2000, Council approved a
resolution directing the City Manager to conduct further analysis
regarding the purchase of the SR-125 Toll Road Franchise; and
WHEREAS, with the advent of this new work, and a new role
for Smith & Kempton in terms of representing the City during
review, Task 3 of the current contract must be amended to
incorporate a scope of work consistent with Council's
recommendations.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby approve the Seventh Amendment to
Smith and Kempton Agreement on the terms presented, 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
contract for and on behalf of the City of Chula Vista.
BE IT FURTHER RESOLVED that the City does hereby waive
the City's Consultant Selection Process as impractical for the work
to be performed under the Seventh Amendment based on Smith and
Kempton's unique qualifications to perform the work as a
continuation of their existing representation of the City.
BE IT FURTHER RESOLVED that the amount of $60,000 is
hereby appropriated from the Pre-SR125 DIF fund for the services
provided under the Seventh Amendment effective upon the effective
date of the Amendment of such fund being adopted concurrently
herewith.
Presented by Approved as to form by
Director of Public Works
(H:\HOM E~ATTORN EY~RESO\Smith & Kempton 7~ Amendment (October 3, 2000 (12: 9pm)]
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date Jl~.t~
1TEMTITLE: Ordinance Amending Ordinance 2579, relating to an
interim Pre-SR125 Development Impact Fee to pay for transportation
facilities in the City's eastern area to pay for costs associated with
advancing the construction of SR-125 (First Reading)
SUBMITTED BY: Director'of Public Works tt~
REVIEWED BY: City Manager ~ , (4/5ths Vote: No x )
Chula Vista created an Interim Pm-SR125 Development Impact Fee in November 1993 to
provide a funding source to construct an interim roadway facility should SR-125 be delayed
significantly. This was necessary in order to provide traffic capacity for future growth.
RECOMMENDATION: That Council place ordinance on first reading which will allow the
Interim Pre-SR-125 DIF to be used to study the acquisition of the CTV franchise and purchase
right-of-way.
BOARDS/COMMISSION: Not applicable.
DISCUSSION:
Since the initial Transportation Development Impact Fee (TDIF) created in 1988, an Interim SR-
125 facility has been included in the program. The TD1F program worked well in providing
major arterial highways in Chula Vista ahead of their need. Streets constructed included: East
"H" Street, Otay Lakes Road between Bonita Road and Hunte Parkway on Eastlake, Telegraph
Canyon Road, Olympic Parkway (under construction) and two freeway interchanges.
Most of the above facilities were not financed directly by the DIF fund because the roads were
needed prior to adequate funds being collected. Instead, developers installed the major facilities
as a subdivision condition, and were given credits for TDIF fees based on the cost of the
facilities that they constructed (i.e., If a developer spent $1 million on a facility and the fee was
$4,000 per EDU [equivalent dwelling unit] the number of dwelling units the developer could
build without paying TDIF fees would be $1,000,000/$4,000 -- 250 EDUs.)
This process constructed several City streets but staff was concerned that since most developers
received credit rather than pay fees, that adequate funds would not be collected to build the
Interim SR-125 project in time of need.
The City retained the consulting firm of HNTB in 1994 to develop a separate fee to insure that an
Interim SR-125 could be built, providing more traffic capacity on the street system which in turn
would allow more development. Interim SR-125 and a few other TDIF streets as appropriate
were removed from the TDIF program and included in the new Interim Pre-SR-125 DIF. That
fee was set at $820 per EDU and has accumulated approximately $6 million.
Page 2, Item ~
Meeting Date il0.~0,/~ 0
One partial paragraph in the staff report accompanying Ordinance 2579 (interim pre-SR-125
D]~F) should be noted:
"An additional potential program change might be financial participation in the
toll road. Since any of the programs contemplated, including the toll road
participation, would be aimed at providing additional capacity in the circulation
system, staff does not believe this is a departure from the intent of the adopted
program."
The above paragraph contemplated a possible future use, with Council approval, of the program
to assist in providing for SR-125. Without a change to the ordinance, it's the City's Attorney's
opinion that the Interim Pre-SR-125 DIF fund could not be used to aide in getting SR-125 built.
The proposed ordinance will provide for that use.
Status of SR-125
SR-125 has received the "Record of Decision" from the Federal Highway Administration
(FHWA). The next step is to obtain the 404 (Wetlands) permit from the Army Corps of
Engineers. This process is proceeding but not yet approved. Other actions required by the City
Council to follow in the next week or two are approval of: 1) the Freeway Agreement between
CalTrans and City of Chula Vista, and 2) SR-125 agreement between California Transportation
Venture (CTV) and the City of Chula Vista.
The next major step for CTV after receiving the 404 permit is sale of bonds to finance the toll
road. Chula Vista's interest is to insure that the road will be constructed on schedule. Council
has authorized staff to explore ways of aiding in the construction of the toll way. One possible
alternative is for the City, with another public entity, forming a Joint Powers Agreement (JPA) to
purchase the CTV franchise. This would be an option should CTV have difficulty obtaining
financing or to provide for lower interest rates and thus allowing for lower tolls to the public or
reduce the number of years that tolls are collected. The firm of Smith and Kempton has been
helping the City in identifying issues and they have recommended that the City hire additional
expertise. This expertise would aid in evaluating the revenue stream by analyzing traffic
volumes in the future. Smith and Kempton also recommended that we retain a business
appraiser to value the current franchise. This effort could cost between $300,000 to $500,000.
Staff believes it appropriate to use the interim pre-SR-125 funds to finance the effort. As stated
above, the ordinance needs to be modified to allow for this.
Ordinance Modification
Staff believes that the modification is appropriate because:
1. Since the first TDIF in 1988, a facility in this corridor has been planned and financing
was provided for.
2. If the SR-125 toll road is built then much of the interim facility will not be needed
because that facility will more than supply the traffic capacity provided for by the interim
pre-SR- 125 DIF.
Page 3, Item
Meeting Date ~0
3. It was anticipated at the time that the ordinance creating the Interim Pre-SR-125 DIF was
approved that the ordinance may be modified in the future to financially participate in the
toll road.
4. A delay in constructing SR-125 will severely limit the City's ability to handle the traffic
created by growth at an acceptable level of service.
5. The SR-125 toll road may not be able to be built in time to serve the new developments
without aid from the City.
Findings
It is staff's recommendation that Council make the following findings:
1. The City Council finds that the construction of State Route 125 will mitigate the adverse
impacts on the City's transportation system caused by increased traffic resulting from
new development;
2. The City Council finds that the construction of State Route 125 will provide a greater
benefit in accommodating the increased traffic than will construction of an interim
facility within the general SR-125 corridor which has limited traffic capacity;
3. The City Council finds that the adverse effects of Caltrans' delay in construction SR-125
can be avoided by the use of the Interim SR-125 Development Impact Fee to advance the
construction of SR-125 all to the benefit of public safety; and
4. The City Council finds that the use of the Interim Pre-SR125 Development Impact Fee
funds to advance the construction of State Route 125 is a reasonable means of spreading
the burden among all the developers in the Eastern Territories.
FISCAL IMPACT: This will allow the use of the Interim facility to fund $1/2 million for these
studies rather than using the TDIF or other City funds for this purpose. This fund has a balance
of approximately $6 million.
H:kHOME~NGADMIN~WORDJPL\S R 125ORD.DOC
9/27/00 12:07 PM
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA AMENDING ORDINANCE 2579,
RELATING TO AN INTERIM PRE-SR125 DEVELOPMENT IMPACT FEE TO PAY FOR
TRANSPORTATION FACILITIES 1N THE CITY'S EASTERN AREA TO PAY FOR COSTS
ASSOCIATED WITH ADVANCING THE CONSTRUCTION OF SR-125
WHEREAS, the City's General Plan Land Use and Circulation Elements require that adequate, safe
transportation facilities be available to accommodate the increased traffic created by new development; and
WHEREAS, the City Council has detemfined that potential delays in the construction of State Route
125 (SR125) by Caltrans or others will adversely impact the City's ability to accommodate said increased
traffic; and,
WHEREAS, Ordinance 2251, the original Transportation Development Impact Fee Ordinance
included State Route 125 from State Route 54 to the Southern Eastlake Boundary as a project to be financed
by the fee established by that ordinance in recognition of the importance of that facility to the City's overall
transportation network; and,
WHEREAS, Ordinance 2579 established an Interim Pre-SR125 Development Impact Fee which
recognized the importance of the State Route 125 to the City's circulation system in the Eastern Territories and
levied a fee on new development to pay for an interim facility in the event State Route 125 could not be built.
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
SECTION 1: FINDINGS
The City Council finds that the construction of State Route 125 will mitigate the adverse impacts on
the City's transportation system caused by increased traffic resulting from new development; and,
The City Council finds that the construction of State Route 125 will provide a greater benefit in
accommodating the increased traffic than will construction of an interim facility within the general SR125
corridor which has limited traffic capacity: and,
The City Council finds that the adverse effects of Caltrans' delay in constructing SR~125 can be
avoided by use of the Interim SR-125 Development Impact Fee to advance the construction of SR-125 all to
the benefit of public safety; and,
The City Council finds that the use of the Interim Pre-SR125 Development Impact Fee funds to
advance the construction of State Route 125 is a reasonable means of spreading the burden among all of the
developers in the Easteru Territories; and,
The City Council finds that the use of the Interim Pre-SRI25 Development hnpact Fee funds is an
equitable and reasonable mmmer of financing the activities necessary to advance the construction of State
Route 125; and,
The City Council finds that using the collected fees to advance the construction of SR-125 will benefit
overall transportation in the City of Chula Vista; and,
Ordinance No.
Page 2
The City Council finds that the "Interim State Route 125 Facility Feasibility Study" prepared by the
finn of Howard Needles Tmnmen & Bergendoff in May 1993 references the importance of SR-I25 and the
need for a transportation facility in the corridor in order to accomrnodate increasing traffic due to development;
and,
The City Council finds that there is a demonstrated need for a permanent facility to serve the needs
created by new development and that such a need is beneficially met by using transportation fees for purposes
related to such a pemmnent facility rather than solely relying on an interim, temporary solution; and,
The City Council finds that the legislative findings and determinations set forth in Ordinance Nos.
2579, 2759 and 2770 continue to be true and correct; and,
The City Council finds, based on the evidence presented at the meeting held for this Ordinance,
including the "Interim State Route 125 Facility Feasibility Study" prepared by the finn of Howard Needles
Tammen & Bergendoff in May 1993, the City's General Plan, and the various reports and information received
by the City Council in the ordinary course of its business, that the imposition of traffic impact fees on all
development in the eastern territories for which building p~rmits have not been issued is necessary in order to
prutect the public, health, Safety and welfare and in order to assure effective implementation of the City's
General Plan.
SECTION 2: Ordinance 2579, Section I (e), Establishment of Fees, is hereby amended to add a new
paragraph as follows:
5. To advance the construction of State Route 125 the expenditures for which include, but
are not limited to, the costs related to studying the feasibility of purchasing the franchise,
purchasing the franchise, acquiring right of way, and constructing SR125 as either a toll
facility or freeway.
SECTION 3: Time Limit for Protest and Judicial Action
Any judicial action or proceeding to attack, review, set aside void or annul this ordinance
shall be brought within the time period as established by law.
In accordance with Govenm~ent Code Section 66020(d)(1), the ninety day approval period in
which parties may protest begins upon the effective date of this ordinance.
SECTION 4: Those portions of Ordinances 2579, 2759 and 2770 not amended by this ordinance shall
remain in full force and effect.
SECTION 5: This ordinance shall take effect and be in full force on the thirtieth day from and after its
adoption.
Presented~by Approved as to form by
Jolm P. Lippitt John M. Kaheny
Director of Public Works
City Attorney
H:\home\attoruey\intemn sr 125 ord
COUNCIL AGENDA STATEMENT
Item 1~'
Meeting Date 10/10/00
ITEM TITLE: Resolution Ratifying the rejection and re-bid of all the bids listed
on Exhibit "B" for the renovation and expansion work associated with the
construction of the Public Works Operations Facility and Corporation Yard
Resolution Rejecting non-responsive bids and accepting the lowest
responsive bids and awarding contracts as designated for award on Exhibit
"A", for the renovation and expansion work associated with the future Public
Works Operations Facility and Corporation Yard, authorizing the expenditure
of funds, and authorizing the City Manager to execute said contracts
SUBMITTED BY: Director of Public Works ~
REVIEWED BY: City Manager ~¢/~ rP~' (4/Sths Vote: Yes NoX)
On August 15, 2000 the City Council approved Resolution 2000-297 appropriating $23,951,213.00 in
additional project funds and approximately $13,400,000.00 for borrowing costs on the new
Corporation Yard Project. On September 26, 2000 the City Council passed Resolutions 2000-333 and
2000-334 approving the rejection, re-bid and award associated with the first set of bids for the
Corporation Yard project. Approval of tonight's first resolution will ratify the rejection and re-bid of
all the bids listed on Exhibit "B". Approval of the second resolution will reject those bids determined
to be non-responsive and accept the lowest responsive bids and award all the contracts as designated
for award on Exhibit "A" covering some of the trade work associated with the construction of the
Corporation Yard project. It is Staff's intent to come back before the City Council on October 17
with a resolution accepting and awarding additional bids. The total contract value approved to date is
$17,048,037.
RECOMMENDATIONS:
1- That Council ratify the rejection and re-bid of all the bids listed on Exhibit "B" for the
renovation and expansion work associated with the future Public Works Operations Facility
and Corporation Yard.
2- That Council reject non-responsive bids and accept the lowest responsive bids and award
contracts as designated for award on Exhibit "A", for the renovation and expansion work
associated with the furore Public Works Operations Facility and Corporation Yard, authorize
the expenditure of funds, and authorize the City Manager to execute said contracts.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
Page 2, Item: __
Meeting Date: 10/10/00
DISCUSSION:
The Corporation Yard project involves the renovation and expansion of an existing facility that thc
City intends to use as its future Public Works Operations Facility and Corporation Yard. The existing
facility, which was purchased from San Diego Gas and Electric Company, consists of an
administrative office building, warehouse building and vehicle maintenance building located on a 25-
acre (16 net) site. The site also contains a fueling island, employee and visitor parking areas, and yard
areas for vehicle parking and equipment. Following its renovation, the facility will house the Public
Works Department/Operations Division Administration, Wastewater Maintenance, Streets, Traffic,
Vehicle Maintenance, Building Maintenance, Construction Inspection, Survey, Parks
Operations/Open Space, Communications and Central Stores function. Additionally, other City
functions will utilize the facility, such as Engineering, Transit and Planning (Building Inspection and
Plan Check). The project also includes landscaping, grading, paving, utility and site improvements.
On September 26, 2000 the City Council passed Resolutions 2000-333 and 2000-334 approving the
rejection, re-bid and award associated with the first set of bids for the Corporation Yard project. The
two resolutions with this agenda statement pertain to the second set of bids for the Corporation Yard
project.
Project Status:
On September 27, Highland conducted a Pre-Construction meeting at the Project site. Specialty
Contractors, City Representatives, the Architect, thc Architect's consultants, and Highland
Partnership representatives attended the Pre-Construction Meeting. The next day Highland
coordinated the City's Ground Breaking Ceremony. Highland delivered Notice to Proceed to
Specialty Contractors on September 29. As a result, the following Specialty Contractors, in
accordance with contracts awarded on September 26, have mobilized for immediate commencement
of work on the site:
Hard Demolition
Soft Demolition
Surveying
Grading
Site Concrete
Structural Concrete
Bid and Award Process for the Second Set of Bids:
In preparation for the September 22, Public Bid Opening for the project, Highland placed an
advertisement soliciting bids in "The Daily Transcript". The sealed bids were opened at 2:00 p.m. at
Highland's offices in Chula Vista. As shown on Exhibit A, the following trades are being proposed
for approval to award:
Item: Price:
Doors, Frames & Hardware $249,520.00
Acoustical Ceilings $55,709.34
Toilet Partitions and Accessories $23,203.98
Lockers & Benches $229,840.68
Sunscreens & Awnings $208,951.00
Ill[
Page 3, Item: __
Meeting Date: 10/10/00
Vacuum Equipment $95,950.00
Vehicle Service Equipment $224,025.00
Fire Sprinkler Systems $147,747.00
Compressed Air $124,845.00
Mechanical HVAC $1,720.00
Material Testing & Inspections $89,382.00
In some cases, the apparent low bidders' response was either withdrawn or determined to be non-
responsive. Exhibit "A" lists the contract amounts that include the bonding costs. Highland staff
checked the references, bonding and insurance capacity of each of the contractors. All references of
each low responsive bidder have been verified and their work has been satisfactory. Additionally,
Highland has met with each of the successful contractors to verify the scope of work for each. Each
trade received adequate coverage and bid prices are in line with established budgets.
Rejection of Building Insulation and Vehicle Lifts Bids:
The cause for rejection of the Building Insulation Bid is due to the lowest bidder's refusal to execute
the specialty contract. Highland attempted to contact the lowest bidder several times and finally
determined that we needed to go to the next responsive low bidder, Schmid Insulation who also
declined to execute a contract. They indicated that the material prices have significantly increased
and they would not be willing to enter into a contract with the City. The third bidder was
significantly higher than the first two and therefore we accepted Highland's recommendation to re-bid
this trade.
The cause for rejection of the Vehicle Lifts Bid is due to the lowest responsive bidder's rejection to
sign a contract with the City claiming that the contract included items that were not included in his
bid. The second responsive low bidder was not able to provide certification from the manufacturers
on the proposed lift. Highland staff and the Architect, RNL & Associates, determined that the
package will need to be re-bid and the specifications re-written to allow for proper certification on the
primary lifts.
Form of Agreement:
The contracts will be let on the City's standard public works contract form. The City Attorney will
approve the final form of the contracts.
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.
Environmental Status:
A Negative Declaration (IS-00-52) was prepared for this project pursuant to the provisions of CEQA.
The Negative Declaration was adopted by the City's Redevelopment Agency on July 11, 2000. A
Notice of Determination was posted in the Office of the County Clerk from July 19 through August
18, 2000.
Page 4, Item: __
Meeting Date: 10/10/00
Financial Statement:
FUNDS REQUIRED FOR CONSTRUCTION
A. Amount of contracts to be awarded $3,170,894.00
B. Contingencies (5%) $ 158,545.00
TOTAL FUNDS REQUIRED FOR CONSTRUCTION $3,329,439.00
FUNDS AVAILABLE FOR CONSTRUCTION
A. Appropriated Funds $21,699,409.00
B. Funds approved for first set of bids on 9/26/00 $13,718,598.00
C. Funds to cover remaining Trade Contracts $ 4,651,372.00
TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $ 3,329,439.00
FISCAL IMPACT: On August 15, 2000 the City Council approved Resolution 2000-297
appropriating $23,951,213.00 in additional project funds on the new Corporation Yard Project.
Approval of this resolution would authorize the expenditure of $3,329,439.00 to cover the contract '~!
amounts and contingencies associated with all the contracts designated for award on Exhibit "A'. The
total funding authorized for expenditure to date is $ 17,048,037. Since the proposed contracts
represent only a portion of the total construction effort, staff is not indicating any savings to date.
When the entire project is bid and accepted, staff will report potential savings at that time. Staffwill
come back before Council on October 17, 2000 with a resolution approving the award of the
remaining trade contracts.
Attachments:
Exhibit A - Current Bid Opening Report
Exhibit B - Pending Rejected and Re-bid Packages
Contractors' Disclosure Statements
File # 0735-10-GG131
H:\SHARED\ENGINEER\CORPYARDAWARD2NDA 113. SMN.doc
10/5/00 3:26 PM
EXHIBIT "A"
CITY OF CHULA VISTA CORPORATION YARD PROJECT
REBID OPENING REPORT
Bid Trade/
Package Company Scope Bid Amount Bond Amount Contract Total Comments
G The Brady Company Doors, Frames & Hdwre 249,520.00 0.00 249,520.00 Award
G Pullman Engineering Doors, Frames & Hardware 323,789.00
G Soltec Pacific Doors, Frames & Hardware 414,412.00
H.3 Daryl Griffis Acoustics Acous. Clgs. S4,617.00 1,092.34 55,709.34 Award
1.1 Daryl Griffis Acoustics Toil. Part. & Accs. 22,749.00 454.98 23,203.98 Award
L1 Anchor Constrcution Toil Pad. & Accs. 23,092.00
1.1 Industrial Distributors Toil. Part. & Accs. 23,110.50
L1 Henri Specialties Toil. Part. & Acc. s. Incomplete
1.5 Daryl Griffls Acoustics Lockers 225,344.00 4,496.68 229,840.68 Award
1.10 California Sheet Metal Sunscrsens & Awnings 206,883.00 2,068.00 208,951.00 Award
1.10 B & C Awnings Sunscreens & Awnings 217,511.00
J Transmatic Vacuum Equipment 85,000.00 Non Responsive
J Penn Equipment Vacuum Equipment 95,000.00 950.00 95,950.00 Award
J.2 Western Pump Vehicle Service Equip. 217,500.00 6,528.00 224,025.00 Award
J.2 Peterson Hydraulics Vehicle Service Equip. 267,000.00
N.3 Alpha Mechanical Fire Sprinklers 144,850.00 2,897.00 t47,747.00 Award
N.3 Jose Pereira Fire Sprinklers Fire Sprink[ers 174,250.00
N.6 Peterson Hydraulics Compressed Air 123,000.00 1,845.00 124,845.00 Award
N.6 Mark Hards Plumbing Compressed Air 205,000.00
N.6 Western Pump Compressed Air 257,700.00
N.4 General Air Mechanical HVAC 1,640,000.00 Non Responsive
N.4 Lemon Grove Sheet Metal Mechanical HVAC 1,720,000.00 1,720.00 1,721,720.00 Award
N4 Alpha Mechanical Mechanical HVAC 1,761,600.00
P.I PSI Material Testing 89,382.00 0.00 89,382.00 Award
P.1 Petra Material Testing 94,080.00
P.I Testing Engineers Material Testing 139,004.00
P.1 O Force Material Testing 142,920.00
H:/Shared~Engineer~Exhibd A. Rabid Opening Repod
EXHIBIT "B"
CITY OF CHULA VISTA CORPORATION YARD PROJECT
PENDING REJECTED AND REBID PACKAGES
Bid Trade/
Package Company Scope Bid Amount Comments
F.1 Spring Valley Insulation Insulation 14,985.00 Rejected - Rebid
F.1 Schmid Insulation Insulation 15,857.00 Rejected - Rebid
F.1 Insulcom Insulation 29,865.00 Rejected - Rebid
M Penn Equipment Vehicle Lifts 628,500.00 Rejected - Rebid
M Municipal Maintenance Equip. Vehicle Lifts 291,579.14 Rejected - Rebid
M Amis Automotive Vehicle Lifts 430,269.19 Rejected - Rebid
/,~ ~ H:\Shared\Engineer~Pending Rebid Reject Packages
City of Chula Vista Corporation Yard 1 10/5/00
TI~ CITY OF CHULA VISTA DISCLOSURE STATEMENT
Pursuant to Council Policy 101-01, prior to any action upon ~ which will require discxetionary action by the
Council. Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or
financial interests, payments, or carnpalg~ contributions for a City of Chula Vista election must be filed. The fol/ow/ng
information must be disclosed:
I. List the names of all persons having a financ/al interest in the pwperty which is the subject of the application or the
conu'act, e.g., owner, applicant, contractor, subconWactor, material supplier.
2_ If any l~tson* id~mified pursuant ~o (1) above is a corpora6on or parmemhip, list the names of ~11 individuals with a
$1000 invesn'nent in the business (corpOration~art~ership) entity.
If any p~son* id~nfd'~ed pursuant to (1) above is a non-profit orgenizarion or trust, list thc names of any person
serving as dit'eCtor of the non-profit organizadon or as trnstee or beneficiary or mJstor of the trust.
4. Please identify each and every person, including any agents, employees, consultants, or independent contracto~ who
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
R~bid Packa~
Page 1 of 2
If yes, briefly describe the nature of~e financial int~st the official** may have in this contract?
Have you ma&: a conu'~ut/on of more than $2S0 with/n the past twelve (12) months to a current rnemb~r of the Chula
Vista City Council? Yes No )C If yes. which Council Member(s)?
7. Have you or any member of your governing boani (i.e. Corporate Boald of DJ.rectors, Executives. non-profit Board of
Directors) mede contribution totaling more than $1,000 over the past four (4) years to a current member of the Chula
Vista City Council? Yes No 2~ If yes, which Council Member(s)?
Have you provided more than $300 (or an item of exluivalent value) to an office** of the City of Chula Vista in the
pa~t twelve (12) months? (This includes being a source of income, money to retire a legal debt. gift, loan, etc.)
Yes No ~ I~' yes, wh/ch orris(s) and what was the nature of thc item provided?
Sco ao), President
Print or Type Name of Contractor/Applicant
* Person is defined as: any individual, riven, co-parme~hip, joint venture, association, social club, frammal or~miz~on,
corporation, estate, trust, receiver, syndJgaro, any other county, city. municipality, district, or or.h~r political sub, vision, or any
other group or combination ~ting as a uniL
** Official includes, but is not limite~l to: Mayor. Council Member. Planning Commissioner. Member of a Bo~l. Commission or
Commi~ee of the City, Employee, or Staff Members_
Form L - D/~losure Statement
Re, bid packag&
Pag~2of2
THE CITY OF CHULA VISTA DISCLOSURE STATEMENT
Pursuant to Council Policy 101-01, prior to any action upon. matters which will require discretionary action by the
Council, Planning Commission and all other official bodies of thc 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 which is the subject of the application or the
contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a
$1000 investment in the business (corporation/partnership) entity.
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 each and every person, including any agents, employees, consultants, or independen.t contractors who
you have assigned to represent you before the City in this matter.
Todd Cooker, Estimator Vivian Griffis, President
Wanda Mounier, Office Clerk
Daryl Griffis, Vice President
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 X
Form L- Disclosure Statement
Bid Package
Page I of 2
If 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 (t2) months to a current member of the Chula
Vista City Council? Yes No X ff yes, which Council Member(s)?
7. Have you or any member of your governing board (i.e. Corporate Board of Directors, Executives, non-profit Board of
Directors) made contribution totaling more than $1,000 over the past four (4) years to a current member of the Chula
Vista City Council? Yes No x If yes, which Council Member(s)?
Have you provided more than $300 (or an item of equivalent value) to an office** of the City of Chula Vista in
past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.)
Yes No ~K If yes, which Official(s) and what was the nature of the item provided?
Signature Of Contractor/AXpl~licant
Vivian Griffis, President
Print or Type Name of Contractor/Applicant
* Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization,
corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, or 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, Commission ~
Committee of the City, Employee, or Staff Members.
Form L - Disclosure Statement
Bid Package
Page 2 of 2
THE CITY OF CHULA VISTA DISCLOSURE STATEMENT
:~,suant to Council Policy 101~01, prior to any action upon matters which will require discretionary action by the
Council, Planning 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 which is the subject of the application or the
contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
K. JOE ISOM
ROBIN S. HOFFOS
2. ff anypers~n*identi~edpursuantt~(~)ab~veisac~rati~n~rparmership~istthenames~fal~individu~switha
$1000investmentinthebusiness(co~oratio~partnership)entity.
K. JOE ISOM
ROBIN S. HOFFOS
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 tmstor of the trust.
4. Ple~ei&nti~ each andeve~ person, including anyagents, employees, consult~ts, orinde~ndem con~actorswho
youhaveassi~edtorepresentyoube~retheCityinthismatter..
BRIAN NEUFFER
ROBIN S. HOFFOS
K. JOE ISOM
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 X
Form L - Disclosure Statement
Bid Package
Pagelof2 /> _./~ //
If 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? Yes No XX ff yes, which Council Member(s)?
7. Have you or any member of your governing board (i.e. Corporate Board of Directors, Executives, non-profit Board of
Directors) made contribution totaling more than $1,000 over the past four (4) years to a current member of the Chula
Vista City Council? Yes No XX If yes, which Council Member(s)?
8. Have you provided mom than $300 (or an item of equivalent value) to an office** of the City of Chula Vista in t~'~ll
',, past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.)
Yes No XX If yes, which Official(s) and what was the nature of the item provided?
Signature of Contractor/Applicant
CAI~ IFORIq'IA SHEET' :Y,~EITAI~
Print or Type Name of Contractor/Applicant
* Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization,
corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, or 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. Commission or
Committee 0f the City, Employee. or Staff Members.
Form L - Disclosure Statement
Bid Package
Page 2 of 2
/~ ? ~
THE CITY OF CHELA VISTA Dl~)SURE STATEMENT
fin~ i~ ~ ~ ~ ~ ~ a ~ ~ C~ Vim e~ ~ ~ ~ ~ f~ng
,~,~ ......
If y~. briefly __a,r:.~be: ~.e ~-~ of ~he fman~al iutgres~ the of tic,al'"' may have in ~s contract?
'VtstaCityComcd? Yes No ~ ]~yet,.uhickCoaa~lMealbe~m)~.
¥~uCiuy Co,~'I'. Yes . No .~ If ~ wl~ C. emc{l Mfnube~s)?
F.i.,-a. ~ T~ae Name
other group or coa~mtion a=~ug m a uu~
THE CF~ OF CHULA VI$1',~ DISCLOSUI~ STATI~MI~NT
Pursuant to Council Policy [01-01, prior to any action apor~ matters which will requlrn discretional3,, action by the
Council, Planning Commission and ~tll other official boo[its of the City, a statelllent of disclosure of certain ownership or
filmmlcial int=r~tlts, pa},rncn~, or campaign conu'Ibutions for a City of Chula Vista election must be filed. The following
information must be disclosed:
1. IAst the names of all persons flaying a financial interest in the property which is the subject of r. he application or the
con,act, e.g., owner, applicant, contractor, subcontractor, material supplier,
2. If afly'pers~n~' identified pursuant to (I) above is it corporation or pannership, llst the names of all individuals with a
$1000 investment ia the business (corporador~pannership) entity.
.,.
It' any person* identified pursuant to (1) above is a non-profit Organization or trust, list the names of any person
sn~Jl~g as director of the non-profit organization or a~ trustee or belleficiar~ or trustor of the trusl.
4, Please identify each a~d every person, including any agents, employees, consultants, or itzdependenr contractors who
you haw' assigned to represent you before The City in this matter.
......
Has any person" associated with this contract had any financial dealings with an oflicial** of the City of Chula Vista
a.¢ it relates tO thls contract within the pair 12 momhs? Yes , No
Form L - l)iselo~sure Stalerr~
P~e 1 of 2
gO'd 90t~'/- 9EZ 6~E9 d~fld Nt:13.LS3R/J-313 O~:C~I O0-90-des
yes, bHeAy descril~ ~he na~ of ~he fin~nci~ in.rest d~e n~ciat~' may have in ~his contract?
6. Have you made a eontribt~tinn of mor~ than 1;250 within Se past t~clve <12) months to a current member of the Chula
Vista City Council? Yet ~o =~ ii'yes, which Council ]Vfember(s)?
7. Have you or an)' member of yOur gover~ting board (i.e. Corporate Board of Directors. Executives, non-profit Boazd of
Directors) made contri, bution totalmB mor~ than $1,000 over the past foe: (4) year~ to a current member of ~he Chula
Vista City Council? Yes No ,_~.~_ If yes, which Council Memberi's)?
8 Have you provided more than $300 (or an izem of eciuivaient value) to an offi,~e** of the City of Chuia Vista in th.
pa~t twelve (! 2) months? (This includes being a source of incon~e, money :o retire a lesa! debt, &irt. ]o ,~., etc.)
Yes ...... No ~ If yes, which Official(s) and what was the na~u~ of the item provided~
Person iS defined as: any ind~vidt~al, firm, co-partnersh¥, joint '~entU~'C, ~Sociax~o1~, social club. ~ema] Or~Rn~zafion,
co~raUon, estm, ~C ~elver. ~ynd~cile, any o~er coun~, dry. ~unicipali~)', distticL or o~ee poli~l su~ivisio~, or any
ot~ ~up or c~ina~on acting ~ a unic
~cial {~lu~s. b~t is nm limhcd to: ~ayo?. Council ~em~r. Planning Commissioner. Member of a Soard, Commi~io~ or
Comm~e of~e CJ~, ~mploy~, or S~affMem~
Pa~e 2
£O'd 90~ gEZ 619 dNAd N~3~3~3~ O~:~ O0-90-d~s
;
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA RATIFYING THE REJECTION AND RE-BID
OF ALL THE BIDS LISTED ON EXHIBIT ~B" FOR THE
RENOVATION AND E~PANSION WORK ASSOCIATED WITH
THE CONSTRUCTION OF THE PUBLIC WORKS
OPERATIONS FACILITY AND CORPORATION YARD
WHEREAS, in preparation for the August 24, 2000 Public
Bid Opening for the Construction of the Public Works Operations
Facility and Corporation Yard, Highland sent out Invitation to Bids
to over 780 Specialty Contractors in addition to an advertisement
soliciting bids in The Daily Transcript and the Star News; and
WHEREAS, on August 24, 2000, 152 individual bids for 65
bid packages were received; and
WHEREAS, in a number of instances, bid deficiencies were
discovered by Highland and City staff at the bid opening and during
subsequent reviews of the bid packages; and
WHEREAS, deficiencies in the bid packages primarily
included:
1 Failing to submit all of the documents required by
the Invitation and Instructions to Bidders at the
bid opening and/or
2 Ambiguities within the bid scope of work,
specifications and drawings resulting in a wide
array of bids and a failure to cover the necessary
scope of work adequately and/or
3 The bids received did not cover the complete scope
of work called for in the specifications; and
WHEREAS, it was determined that each of the bids for the
bid packages listed on Exhibit "B" contained one or more of the
aforementioned deficiencies; and
WHEREAS, it was determined that the bid deficiencies i'-~l,
compromised the integrity of the bid packages and that they should
not be accepted; and
WHEREAS, Highland and City staff felt that modifications
to the specifications, scope of work, and/or drawings and
repackaging of the trades would clarify the issues discovered
during this process and result in more complete, accurate and
appropriate bids for each of the trades required to complete the
Corporation Yard project which is in the best interest of the City;
and
WHEREAS, due to the long lead time required to obtain
many of the items listed on Exhibit ~B" it was necessary to begin
the rebidding process immediately or a delay in construction may
have resulted causing increased construction costs for the City;
and
WHEREAS, Highland and City staff recommend rejecting and
rebidding all of the bids listed on Exhibit "B" for the renovation
and expansion work.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby ratify the rejection and re-bid of
all the bids listed on Exhibit ~B" for the renovation and expansion
work associated with the construction of the Public Works
Operations Facility and Corporation Yard.
Presented by Approved as to form by
John P. Lippitt ~o~ M. Kahen~
Director of Public Works City Attorney
[H:\H OMEXATTORN EY\RESO\corp yard exhibit b bids (October 3, 2000 (1:59prn)]
EXHIBIT "B"
CITY OF CHULA VISTA CORPORATION YARD PROJECT
PENDING REJECTED AND REBID PACKAGES
Bid Trade/
Package Company Scope Bid Amount Comments
BUILDING INSULATION BID DATE 8124100 REBID DATE 101~17/00
F.1 Spring Valley Insulation . Insulation 14,985.00 Rejected - Rebid
F.1 Schmid Insulation Insulation 15,857.00 Rejected - Rebid
F.1 Insulcom Insulation 29,865.00 Rejected - Rebid
VEHICLE LIFTS BID DATE 1016100 REBID DATE 1016100
M Penn Equipment Vehicle Lifts 628,500.00 Rejected - Rebid
M Municipal Maintenance Equip. Vehicle Lifts 291,579.14 Rejected - Rebid
M Amis Automotive Vehicle Lifts 430,269.19 Rejected - Rebid
H:\Shared\Engineer~Pending Rebid Reject Packages
City of Chula Vista Corporation Yard 1 10/4/2000
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA REJECTING NON-RESPONSIVE BIDS AND
ACCEPTING THE LOWEST RESPONSIVE BIDS AND
AWARDING CONTRACTS AS DESIGNATED ON EXHIBIT
UA", FOR THE RENOVATION AND EXPANSION WORK
ASSOCIATED WITH THE FUTURE PUBLIC WORKS
OPERATIONS FACILITY AND CORPORATION YARD,
AUTHORIZING THE EXPENDITURE OF FUNDS, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID
CONTRACTS
WHEREAS, on July 18, 2000, the City~ Council approved
Resolution 2000-245 approving an agreement with Highland
Partnership, Inc. ("Highland") for the provision of Construction
Manager/Constructor services required for the construction of the
Corporation Yard Project; and
WHEREAS, on August 15, 2000, the City Council approved
Resolution 2000-297 appropriating $23,951,213.00 in additional
project funds on the new Corporation Yard Project; and
WHEREAS, at 2:00 p.m. on September 8, 2000 at Highland's
offices, 285 Bay Blvd, Chula Vista, the City received sealed bids
for doors, frames, and hardware necessary to construct the
corporation yard project; and
WHEREAS, at 4:00 p.m. on September 22, 2000, at
Highlands' offices, the City received sealed bids for sunscreens
and awnings, vacuum equipment, vehicle service equipment, fire
sprinkler systems, compressed air and material testing and
inspections; and
WHEREAS, the low bidder for the vacuum equipment bid
package failed to follow the specifications and Instructions to
Bidders because Transmatic is not licensed as required by the
specifications thereby submitting a non-responsive bid; and
WHEREAS, the low bidder for the Mechanical HVAC bid
package failed to follow the specifications and Instructions to
Bidders by including a subcontractor who was not appropriately
certified as required by the specifications thereby submitting a
non-responsive bid; and
WHEREAS, all bids for each trade are listed on Exhibit
"A"; and
WHEREAS, Highland has checked the references provided by
the contractors recommended to receive an award and all references
verified their work has been satisfactory; and
WHEREAS, Highland and staff have reviewed the low
responsive bids for each trade and are recommending awarding to
those contractors designated for award on Exhibit UA"; and
WHEREAS, on July 11, 2000, the Redevelopment Agency
adopted the Negative Declaration prepared for this project; and
WHEREAS, contractors bidding this project were not
required to pay prevailing wages to persons employed by them for
the work under this project and no special minority or women owned
business requirements were necessary as part of the bid documents,
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 reject non-responsive bids and does
hereby accept bids and awards contracts as designated on Exhibit
"A" for the renovation and expansion work associated with the
future Public Works Operations Facility and Corporation Yard.
BE IT FURTHER RESOLVED the City Council hereby authorizes
the expenditure of $ ~329,439.00 to cover the contract amounts and
contingencies associated with the trade contracts.
BE IT FURTHER RESOLVED that the City Manager of the City
of Chula Vista is hereby authorized and directed to execute said
contracts.
Presented by Approved as to form by
Jo M Kahen
John P. Lippitt [o.~ _M.~ Ka~ ~
Director of Public Works City Attorney
H: \Home \At t orney\Reso \ CorpYard2
2
EXHIBIT "A"
CITY OF CHULA VISTA CORPORATION YARD PROJECT
REBID OPENING REPORT
Bid Trade/
Package Company Scope Bid Amount Bond Amount Contract Total Comments
DOORS; FRAMES&~HARDWARE~;~ ~ ~; +
G The Brady Company Doors, Frames & Hdwre 249,520.00 0.00 249,520.00 Award
G Pullman Engineering Doors, Frames & Hardware 323,789.00
G Soltec Pacific Doors, Frames & Hardware 414,412.00
H.3 Daryl Griffis Acoustics Acous. Clgs. 54,617.00 1,092.34 55,709.34 Award
1.1 Daryl Griffis Acoustics Toil. Part. & Accs. 22,749.00 454.98 23,203.98 Award
1.1 Anchor Censtrcution Toil. Part. & Accs. 23.092.00
I 1 industrial Distributors Toil. Part. &Accs. 23,110.50
L1 Henri Specialties Toil. Part. & Accs. Incomplete
1.5 DalTI Griffis Acoustics Lockers 225,344.00 4,496.68 229,840.68 Award
1.10 California Sheet Metal Sunscreens & Awnings 206,883.00 2,068.00 208,951.00 Award
1.10 B & C Awnings Sunscreens & Awnings 217,511.00
J Transmatic Vacuum Equipment 85,000.00 Non Responsive
J Penn Equipment Vacuum Equipment 95,000.00 950.00 95,950.00 Award
J.2 Western Pump Vehicle Service Equip. 217,500.00 6,525.00 224,025.00 Award
J.2 Peterson Hydraulics Vehicle Service Equip. 267,000.00
N.3 Alpha Mechanical Fire Sprinklers 144,850.00 2,897.00 t47,747.00 Award
N.3 Jose Pereira Fire Sprinklers Fire Sprinklers 174,250.00
~oMp~E~
N.6 Peterson Hydraulics Compressed Air '123,000.00 1,845.00 124,845.00 Award
N6 Mark Hards Plumbing Compressed Air 205.000.00
N.6 Western Pump Compressed Air 257,700.00
N 4 General Air Mechanical HVAC 1.640.000.00 Non Responsive
N.4 Lemon Grove Sheet Metal Mechanical HVAC 1,720,000.00 1,720.00 1,721,720.00 Award
N4 Alpha Mechanical Mechanical HVAC 1,761,600.00
P.1 PSI Material Testing 89,382.00 0.00 89,382.00 Award
P.1 Petra Material Testing 94,080.00
P1 Testing Engineers Material Testing 139.004.00
P.1 G Force Matedal Testing 142.920.00
, ~:;: ~R~IOUSCONTRAC~ED~OUNTS,~ ~1297009307~
: ~ ,:i,'~ TQTA~ CONTRACT AMOUNTS~TO D ~E~>; ,~16'I~0 987~ 07
I'
:t:fem #IS
THE CITY OF CHULA VISTA DISCLOSURE STATEMENT
Pursuant to Council Policy 101-01, prior to any action upon matters which will require discretionary action by the
Council, Planning 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:
I. List the names of all persons having a financial interest in the property which is the subject of the application or the
contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
,J(f)NF'
2. If any person* identified pursuant to (I) 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 (I) 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 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.
NA
,
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
Form L - Disclosure Statement
Rebid Package
Page 10f2
;1
If 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 ofthe Chula
Vista City Council? Yes No X If yes, which Council Member(s)?
7. Have you or any member of your governing board (i.e. Corporate Board of Directors, Executives, non-profit Board of
Directors) made contribution totaling more than $1,000 over the past four (4) years to a current member of the Chula
Vista City Council? Yes No X If yes, which Council Member(s)?
&. Have you provided more than $300 (or an item of equivalent value) to an office** of the City of Chula Vista in tl
past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.)
Yes No If yes, which Official(s) and what was the nature of the item provided?
Date:
q, 2.2 - 2000
Signatur
..::r.- M, G.~~~...j
Print or Type Name of Contractorl Applicant
· Person is defined as: any individual, firm, co-partnership, joint venture. assoclallon, social club, fraternal organization,
corporation, estate, trust, receiver, syndicate. any other county, city, municipality, district, or other political subdivision. or 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~ Commission or
Committee of the City, Employee, or Staff Members.
Form L - Disclosure Statement
Rebid Package
Page 2 of2
o
/000 14: 18
3103233606
PETERSON HVD
PAGE 03
THE CITY OF CHULA VISTA DISCLOSURE STATEMF.I\IT
Pursuant to Council Policy 101-01, prior to any action upon matters which will require discretionuy action by the
Council, Planning Conunission and all other official bodies of tbe City, a statement of disclosure of cenain o~hip or
financial interests, paymentS, or campaign contributions for a City of Chula Vista election must be filed. '!be following
infonnation must be disclosed:
1. List the names of all persons baving a financial interest in the property which is the subject of the application or the
contract, e.g., owner, applicant, contractor, subconlI'llCtor, material supplier.
NOYIlt-'
2. If any person" identified pursuant to (I) above is a corporation or partnership, list the names of all individuals with a
$1000 invesnnent in the business (corporation/partnership) entity.
~e.-
3_ If any person" identified pursuant to (I) 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.
N?tia--
-
4_ 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.
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 [)(.
Form L - Oisclosun: Statement
&ebicl Paeble
Page 1 of2
E"
}
lelelel 14: 18
31e132336e16
PETERSON HVD
PAGE el4
i
^
If 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 withi,t. the pastlWelve (12) months [0 a C1lI1'ent member of the Chula
VistaCiry Council? Yes No If yes, which Council Member(s)?
7. Have you or any member of your governing board (i.e. Corporate Board of Directors, Executives. non-profit Board of
Directors) made contribution to~g more than $1,000 over the past four (4) years to a current member of the Chula
Vista City Council? Yes No t/- If yes, Which Council Member(s)? .
3. Have you provided mOre than $300 (or an item of equivalent value) to an office.... of the City of Chula Vista in It.
past twelve (12) months? (This inclodes being a source of income, money to retire a legal debt, gift, loan, etc.)
Yes No If yes. which Official(s) and what was the nature of the item provided?
Date: (Sf,~6er ~1.?--O\P
C1.,,^~\ 2 ~ 63;1 P^~
Signature of Contractorl Applicant
~ttV\\e\ ~ 'F-kJ.ey~
Print or Type Name of Contractor/Applicant
. Persoo is defined as: any individuaI. finn. co-partnership, joint venture, association, social club. fraternal organization,
corporation, e51l1te, 1rUSt, receiver. syndicale. any other county, city, municipality, district, or other political subdivision. or any
other group or combination acting 311 a unit.
... Official iocludes. but is nOt limited to: Mayor, Council Member. Planning Commissiooer, Member of a Board, Commission Or
Commiuee of the City. Employee, Or Slllff Members.
Form L - Disclosure Stalement
Rebid Package
Page 2 of2
".
.,
,
~
THE CITY OF CHULA VISTA DISCLOSURE STATEMENT
(
Pursuant to Council Policy 101-01, prior to any action upon matters which will require discretionary action by the
Coun:i!. Planning Commission and all other official bodies of the City, a Statement of disclosure of cenain ownership or
financial interests. payments, or campaign contributions for a City of Chula Vista election must be filed. The following
information must be disclosed:
I. List the names of all persons having a financial interest in the property which is the subject of the application or the
contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
NONF
2. If any person* identified pursuant to (I) above is a corporation or partnership, list the names of all individuals with a
$1000 investment in the business (corporation/partnership) entity.
NONE
(
3. If any person* identified pursuant to (I) 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.
NONE
4. 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.
N/A
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 X X
(
Fonn L - Disclosure Statement
Bid Package
Page lof2
~/1/)\'C')")
,
5ke,:j
.
:4
"
>
If yes, briefly describe the nature of the financial interest the official** may have in this contract?
N/A
6. Have you made a contribution of more than $250 within the past twelve (2) months to a current member of the Chula
Vista City Council? Yes No XX If yes. which Council Member(s)?
7. Have you or any member of your governing board (i.e. Corporate Board of Directors, Executives, non-profit Board of
Directors) made contribution totaling more than $1,000 over the past four (4) years to a current member of the Chula
Vista City Council? Yes No XX If yes, which Council Member(s)?
8. Have you provided more than $300 (or an item of equivalent value) to an office** of the City of Chula Vista in th,
past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.)
Yes No XX If yes, which Official(s) and what was the nature of the item provided?
Date: SEPT. 20, 2000
RICK R. VON GOTTBERG, PRESIDENT
Print or Type Name of Contractor/Applicant
LEMON GROVE SHEET METAL WORKS, INC.
.
Person is defined as: any individual. firm, co-pannership, joint venture, association, social club, fraternal organization,
corporation. estate. trust. receiver, syndicate. any other county. city, municipality, district, or other political subdivision. or 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, Commission or
Commitlee of the City, Employee, or Staff Members.
Form L - Disclosure Statement
Bid Package
Page 2 of2
THE CITY OF CHULA VISTA DISCLOSURE STATEMENT
Pursuant to Council Policy 101-01, prior to any action upon matters which will require discretionary action by the
Council, Planning Commission and all other official bodies of the City, a statement of disclosure of cenain ownetShip or
financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The followina
"
information must be disclosed:
I. List the names of all persons having a financial interest in the property which is the subject of the application or the
contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
None
2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a
S1000 investment in the business (corporation/partnership) entity.
None
3. If any person* identified pursuant to (I) 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.
None
4. 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.
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 X
Form L - Disclosure Statement
Rebid Package
Page lof2
, Ify~s: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? Yes No X If yes, which Council Member(s)?
7. Have you or any member of your governing board (i.e. Corporate Board of Directors, Executives, non-profit Board of
Directors) made contribution totaling more than $1,000 over the past four (4) years to a current member of the Chula
Vista City Council? Yes No X If yes, which Council Member(s)?
3. Have you provided more than $300 (or an item of equivalent value) to an office** of the City of Chula Vista in tt,
past twelve (12) months? (This includes being a Source of income, money to retire a legal debt, gift, loan, etc.)
Yes No X If yes, which Official(s) and what was the nature of the item provided?
-----.
q
C/-/I((/; f
Date:
September 22, 2000
// )
, I,
(f!:{i/PI
Signature of Contractor/Applicant
Spencer LaPlaca
Print or Type Name of Contractor/Applicant
* Person is defined as: any individual. firm. co-partnership. joint venture. association, social club. fraternal organization.
corporation, estate, trust. receiver, syndicate, any other county, city, municipality, district, or other political subdivision, or 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, Commission or
Committee of the City, Employee, or Staff Members.
Form L - Disclosure Statement
Rebid Package
Page 2 of2
September 28, 2000
MEMO TO: Donna Norris,,
FROM: Patricia SaN;zc'D~
SUBJECT: AGENDA -I~,IAYOR'S COMMENTS-OCTOBER 10, 2000
Please docket the followir,g for RATIFICATION OF APPOINTMENT to the Ethics
Commission:
JOHN MCCANN '~ ~ -~o ~T~-~ O~
~ FRANCISCO GONZALEZ
Thank you.
/
/
/
September 28, 2000
MEMO TO:
Donna Norris
Patricia salvac~
FROM:
SUBJECT: AGENDA -MAYOR'S COMMENTS-OCTOBER 10, 2000
Please docket the following for RATIFICATION OF APPOINTMENT to the Ethics
Commission:
JOHNMCCANN---~ ~'S ~;c.~
(fY<\u-s 10 ~~ Ih\...
Jr FRANCISCO GONZALEZ P\~ ~SSICm)
Thank you.
c.t. ~ :Atboej - c:::;,.'<..,~ ~ ~...'""\, ~\,)., 10/4/=,
(fOr Fra,ncl6CO 6en-z.o,Qe-z. ~