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Agenda Packet 2000/10/24
CITY COUNCIL AGENDA October 24, 2000 ~r 6:00 p.m. Council Chambers Public Services Building 276 Fourth Avenue, Chula Vista CrlY OF CHULA VISYA City Council City Manager Patty Davis David D. Rowlands, Jr. John S. Moot City Attorney Stephen C. Padilla John M. Kaheny Mary Salas City Clerk Shirley A. Horton, Mayor Susan Bigelow The City Council meets regularly on the first calendar Tuesday at 4:00 p.m. and on the second, third and fourth calendar Tuesdays at 6:00 p.m. Regular meetings may be viewed at 7:00 p.m. on Wednesdays on Cox Cable Channel 24 or Chula Vista Cable Channel 47 AGENDA OCTOBER 24, 2000 6:00 P.M. CALL TO ORDER ROLL CALL: Councilmembers Davis, Moot, Padilla, Salas, and Mayor Horton PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY · PRESENTATION BY DEPUTY CITY MANAGER POWELL OF NATIONAL AWARD BY THE NATIONAL PURCHASiNG iNSTITUTE, THE NATIONAL ASSOCIATION OF PURCHASiNG MANAGEMENT AND THE CALIFORNIA ASSOCIATION OF PUBLIC PURCHASING OFFICERS FOR EXCELLENCE iN PUBLIC PROCUREMENT AND RECOGNITION OF PURCHASING AGENT COGGiNS AND STAFF OF THE PURCHASING DIVISION OF THE FINANCE DEPARTMENT · PRESENTATION OF A PROCLAMATION COMMENDING CHARLOTTE MCCONNEY FOR HER DEDICATION AND SERVICE TO SENIOR CITIZENS CONSENT CALENDAR (Items 1 through 19) The Council will enact the staff recommendations regarding the following items listed under the Consent Calendar by one motion, without discussion, unless a Councilmember, a member of the public, or City staff requests that the item be removed for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak"form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed after Action Items. Items pulled by the public will be the first items of business. 1. APPROVAL OF MINUTES OF OCTOBER 10 AND OCTOBER 12, 2000 Staff recommendation: Council approve the minutes. 2. ORDiNANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING TITLE 2 OF THE CHULA VISTA MUNICIPAL CODE TO ADD CHAPTER 2.57, DESIGN-BUILD CONTRACTS, TO ESTABLISH THE PROCEDURE FOR THE SELECTION AND AWARD OF DESIGN-BUILD CONTRACTS (2ND READiNG AND ADOPTION) In March 2000, the voters approved Proposition B, amending City Charter section 1009, Public Works Contracts, to allow the City to award contracts pursuant to the Design- Build project delivery system. Proposition B required the City to approve an implementing ordinance establishing the bidding and award procedures for this new process. (City Manager/Director of Public Works) Staff recommendation: Council place the ordinance on second reading for adoption. 3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH CLAUDIO ESTRADA FOR THE PAYMENT OF SEWER CONNECTION FEES AT 285 SHIRLEY STREET AND AUTHORIZING THE CITY ENGINEER TO APPROVE SAID AGREEMENT AND FUTURE SEWER CONNECTION PAYMENT AGREEMENTS FOR REMAINiNG RESIDENTS ON SHIRLEY STREET The purpose of the agreement is to allow Claudio Estrada, owner of the property at 285 Shirley Street, to connect his residence to the public sewer main in Shirley Street and pay the sewer connection fees of $6,290 over a ten-year period with six pement interest. (Director of Public Works) Staff recommendation: Council adopt the resolution. 4A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROViNG FiNAL MAPS OF CHULA VISTA TRACT NO. 96-04A, OTAY RANCH VILLAGE ONE, PHASE SEVEN, NEIGHBORHOODS R-18 & R-48, ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA GENERAL UTILITY AND ACCESS EASEMENTS GRANTED ON SAID MAPS WITHiN SAID SUBDIVISIONS, APPROViNG THE SUBDWISION 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 THE "B" MAP SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR OTAY RANCH VILLAGE ONE, NEIGHBORHOODS R-18 AND R-45, CHULA VISTA TRACT NO. 96-04A, REQUIRING DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTION NO. 19448, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT On May 4, 1999, by Resolution No. 19448, Council approved a Tentative Subdivision Map for Chula Vista Tract 96-04A, Otay Ranch SPA One, Phase 7. On May 9, 2000, by Resolution No. 2000-208, Council approved the Village One "A" Map No. 2. Adoption of the resolutions will approve the first Final "B" Map within Village One, Phase 7. (Director of Public Works) Staff recommendation: Council adopt the resolutions. 5 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FINAL MAPS OF CHULA VISTA TRACT NO. 98-06, OTAY RANCH VILLAGE ONE WEST, NEIGHBORHOODS R-51A, R-51B, R-52 AND R-53, ACCEPTiNG ON BEHALF OF THE CITY OF CHULA VISTA GENERAL UTILITY AND ACCESS EASEMENTS AND WALL EASEMENTS GRANTED ON SAID MAPS WITHiN SAID SUBDIVISIONS, APPROVING THE SUBDIVISION IMPROVEMENTS AGREEMENTS FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISIONS, AND AUTHOR/ZING THE MAYOR TO EXECUTE SAID AGREEMENTS Page 2 - Council Agenda 10/24/2000 B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE "B" MAP SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 98~06, NEIGHBORHOODS R-5 lA, R-51B, R-52 AND R-53, PORTION OF VILLAGE ONE WEST, OTAY RANCH SPA ONE, REQUIRING DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTION NO. 19572, AND AUTHORIZING THE MAYOR TO EXECUTE SA1D AGREEMENT On August 17, 1999, Council approved a tentative subdivision map for Chula Vista Tract 98-06, Otay Ranch SPA One, Village One West. On August 22, 2000, Council approved Village One West "A" Map No. 1. Adoption of the resolutions will approve four final "B" Maps within Village One West. (Director of Public Works) Staff recommendation: Council adopt the resolutions. 6A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A REIMBURSEMENT AGREEMENT WITH THE OTAY RANCH COMPANY ASSOCIATED WITH THE SECOND BOND SALE OF COMMUNITY FACILITIES DISTRICT NO. 99-1 (OTAY RANCH VILLAGES 1 AND 5), AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT AND DIRECTING STAFF TO INITIATE THE PROCEEDINGS FOR THE SECOND BOND SERIES B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDED CONTRACT FOR APPRAISAL SERVICES WITH BRUCE HULL, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Adoption of the resolution will approve a reimbursement agreement with the developer for the second bond sale for Community Facilities District 99-1. The reimbursement agreement requires the developer to advance funds to the City for the payment of all initial consulting and administration costs and expenses related to the second bond sale. (Director of Public Works) Staff recommendation: Council adopt the resolution. 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A JOINT USE AGREEMENT BETWEEN SAN DIEGO GAS & ELECTRIC, A CORPORATION, AND THE CITY OF CHULA VISTA, A MUNICIPAL CORPORATION, AND AUTHORIZING THE CITY MANAGER TO APPROVE THE AGREEMENT The City has acquired right-of-way easements on portions of Otay Valley Road in connection with the Robinhood Ridge Subdivision. SDG&E is requesting that the City enter into a joint use agreement upon over, under and across that certain easement and right-of-way granted to SDG&E. SDG&E is requesting the joint use agreement to provide for the joint use of the area common to both the SDG&E easement and right-of- way and the City's dedicated street right-of-way. (Director of Public Works) Staff recommendation: Council adopt the resolution. Page 3 - Council Agenda 10/24/2000 8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, REGARDING STATE ROUTE 125, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The State of California, Department of Transportation (Caltrans) and California Transportation Ventures (CTV) have entered into a development franchise agreement authorizing CTV to construct that portion of State Route 125 (SR-125) within the City of Chula Vista. Before any construction activities can take place, the City and Caltrans must enter into an agreement that authorizes work on various City streets that may be affected by the construction of SR-125. (Director of Public Works) Staff recommendation: Council adopt the resolution. 9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING CITY'S INTENTION TO UNDERGROUND OVERHEAD UTILITIES ALONG BONITA ROAD FROM THE EASTERN CITY LIMITS TO OTAY LAKES ROAD, AND ON OTAY LAKES ROAD FROM BONITA ROAD TO CAMINO DEL CERRO GRANDE/SURREY DRIVE, AND SETTING A PUBLIC HEARING FOR THE FORMATION OF UTILITY UNDERGROUND DISTRICT NUMBER 132 FOR DECEMBER 5, 2000 AT 4:00 P.M. Public heatings were conducted before the Council on September 1 and 15, 1998, and during the second heating, Council approved Ordinance No. 2746, adopting the new franchise agreement with SDG&E. Part of the agreement involves the allocation of the California Public Utilities Commission Rule 20A Funds for constructing utility underground conversion projects. The next round of utility underground conversion projects, Otay Lakes Road from Bonita Road to Camino del Cerro Grande/Surrey Drive, as approved in the new franchise agreement, is scheduled for the year 2001. The section of Bonita Road from the eastern City limits to Otay Lakes Road is being added at the suggestion of SDG&E. (Director of Public Works) Staff recommendation: Council adopt the resolution. 10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE CAPITAL IMPROVEMENT PROGRAM BUDGET BY APPROPRIATING $65,000 FROM AVAILABLE CDBG FUNDS AND TRANSFERRING $177,957 FROM PAD FUNDS PREVIOUSLY APPROPRIATED FOR CIP PROJECTS PR213, PR224, PR226, AND PR227 FOR THE RENOVATION OF THE PARKWAY POOL (4/5THS VOTE REQUIRED) As part of the Parkway pool renovation capital improvement project, Council approved funds for the renovation of Parkway pool. The plans have been finalized and have exceeded the original budget by $242,957. In order to bring the swimming pool up to standards, the decking and underwater lighting need to be replaced. The approved capital improvement project (PR 223), for a total of $392,021, has been committed to the project from the following soumes: $217,431 in CDBG funds; $7,500 in PAD funds, and $151,690 from a state grant. A current estimate of $634,978 has been received identifying an additional $242,957 that is needed to complete the project. A window of opportunity exists for completion of the project between December 1, 2000 and March 1, 2001, when the pool is closed. (Director of Parks & Recreation) Staff recommendation: Council adopt the resolution. Page 4 - Council Agenda 10/24/2000 11. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR PHASE ONE OF THE DRAINAGE IMPROVEMENTS PROJECT (DR-127) ON TOBIAS DRIVE, BETWEEN ORLANDO COURT AND GENTRY WAY, TO PULLMAN ENGINEERING, INC., IN THE AMOUNT OF $229,426.93. At 2:00 p.m. on Wednesday, September 20, 2000, the Director of Public Works received sealed bids for the Tobias Drive drainage improvements project. This project provides for the construction of new drainage system improvements at Tobias Drive between Orlando Court and Gentry Way. The work also includes all labor, material, equipment, transportation, protection of existing improvements and traffic control necessary for the project. (Director of Public Works) Staff recommendation: Council adopt the resolution. 12. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FiRST AMENDMENT TO THE AGREEMENT WITH FRANK CHABOUDY FOR PROVISION OF PROFESSIONAL TENNIS SERVICES AND FOR OPERATION OF THE CHULA VISTA TENNIS CENTER TO MODIFY THE RESPONSIBILITY FOR CERTAIN COSTS AND APPROPRIATING FUNDS FROM UNANTICIPATED REVENUES AND AVAILABLE FUND BALANCE IN THE GENERAL FUND TO COVER ALL ELECTRICAL CHARGES FOR THE TENNIS CENTER FOR THE REMAINDER OF THE AGREEMENT (4/STHS VOTE REQUIRED) The proposed resolution will amend the existing agreement with the Chula Vista Tennis Center to include reimbursement for increased electricity costs from June 1 through September 30, 2000, and payment of all electricity charges from October 1, 2000 to the end of the agreement. In addition, as of October 1, 2000, all fees collected from coin- operated light meters at the complex will be the exclusive property of the City. It is anticipated that the total cost to the City will be approximately $600. (Director of Parks & Recreation) Staff recommendation: Council adopt the resolution. 13. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING AND APPROPRIATING UNANTICIPATED GRANT REVENUES IN THE AMOUNT OF $10,000 FROM THE CITY OF NATIONAL CITY FOR THE PURPOSE OF REIMBURSING OVERTIME COSTS ASSOCIATED WITH THE OFFICE OF TRAFFIC SAFETY HIGH INTENSITY PREVENTION ZONE GRANT (4/5THS VOTE REQUIRED) The City of National City, in partnership with other South Bay law enforcement agencies, recently received a High Intensity Prevention Zone grant from the Office of Traffic Safety. The grant allows for reimbursement of overtime costs related to enforcement activity and school presentations made by partner agencies. Chula Vista has been designated as a partner agency eligible for reimbursement of overtime costs. (Chief of Police) Staffrecommendation: Council adopt the resolution. Page 5 - Council Agenda 10/24/2000 14. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMEND1NG THE FISCAL YEAR 2000/2001 BUDGET TO ADD 1.5 POSITIONS TO THE POLICE DEPARTMENT AND 1 POSITION TO THE PLANNiNG AND BUILDING DEPARTMENT AND APPROPRIATING FULL FUNDING THEREFOR IN THE AMOUNT OF $232,713 FROM UNANTICIPATED REVENUES FROM THE ABANDONED VEHICLE ABATEMENT PROGRAM, ALL CONTINGENT ON PROGRAM APPROVAL BY THE ABANDONED VEHICLE ABATEMENT SERVICE AUTHORITY (4/5THS VOTE REQUIRED) At its September meeting, the Board members of the Abandoned Vehicle Abatement Service Authority (AVASA) considered a request to redistribute reserve balances among agencies that have deficits in their AVA programs. The decision was postponed to the November meeting to allow the Board time to review all proposals. Based on the AVASA's allocation formula, Chula Vista has accumulated a reserve balance. In response, staff has developed a proposal to expand the Chula Vista abandoned vehicle abatement program to expend reserve funds and increase abandoned vehicle abatements. The program is proposed to be an 18-month pilot program. (Chief of Police) Staff recommendation: Council adopt the resolution. 15. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDiNG THE CHULA VISTA EMPLOYEES ASSOCIATION MEMORANDUM OF UNDERSTANDiNG, ARTICLE 2.06 TO ESTABLISH A TWO-HOUR OVERTIME MiNIMUM FOR CALLBACK AND ESTABLISH BEGINNiNG AND ENDiNG POiNTS FOR THE CALCULATION OF OVERTIME; AND AMENDiNG ARTICLE 2.09 TO iNCREASE THE STANDBY DIFFERENTIAL TO $200 PER FULL WEEK OF STANDBY It has come to light that there has been some confusion and resulting inconsistent practice with respect to overtime for Chula Vista Employees Association (CVEA) represented employees. The recommended modifications to the CVEA memorandum of understanding should clarify and formalize the correct interpretation of that section. (Director of Human Resources) Staff recommendation: Council adopt the resolution. 16. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $20,385 FROM THE AVAILABLE FUND BALANCE IN THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE FUND, $16,075 iN OVER- REALIZED iNTEREST REVENUE FROM THE FiNANCiNG ESCROW ACCOUNT AND $38,540 FROM THE AVAILABLE FUND BALANCE 1N THE GENERAL FUND FOR THE LIBRARY AUTOMATION SYSTEM CAPITAL IMPROVEMENT PROGRAM PROJECT (4/5THS VOTE REQUIRED) Page 6 - Council Agenda 10/24/2000 As part of the Fiscal Year 1998-1999 Capital Improvement Program budget adoption, the Council approved the initial funding for the Library automation system to replace the old, labor-intensive, computerized catalog and circulation system with a client-server-based, fully integrated, online library system (IOLS). On December 7, 1999, Council approved an agreement with Innovative Interfaces to provide the IOLS and also authorized the Finance Director to execute a lease-purchase agreement with CaLease for $777,148 due to increases in the cost of the project. An additional $75,000 is needed to complete the project. The new system is targeted to come online on October 31, 2000. (Deputy City Manager Palmer) Staff recommendation: Council adopt the resolution. 17. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA 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 On September 26, 2000, 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. On October 10, 2000, Council passed Resolutions 2000-353 and 2000-354, approving the rejection, re-bid and award associated with the second set of bids for the Corporation Yard project. On October 17, 2000, Council passed Resolutions 2000-364 and 2000-365, approving the rejection, re-bid and award associated with the third set of bids for the Corporation Yard project. Approval of this resolution will accept the lowest responsive bids and award all the contracts as designated for award on Exhibit "A", on file in the Office of the City Clerk, covering some of the trade work associated with the construction of the Corporation Yard project. It is StaWs intent to come back before Council in November with a resolution accepting and awarding all remaining bids. The total contract value approved to date is $16,777,689. (Director of Public Works) Staffrecommendation: Council adopt the resolution. 18. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CERTAIN RECLASSIFICATIONS 1N THE PLANNING AND BUILDING DEPARTMENT, APPROPRIATING $19,400 FROM THE REMAINING FUND BALANCE OF THE GENERAL FUND, APPROPRIATING $4,800 FROM UNANTICIPATED DEVELOPMENT RELATED REVENUES AND AMENDING THE FISCAL YEAR 2000/2001 BUDGET OF THE PLANNING AND BUILDING DEPARTMENT TO REFLECT SAID CHANGES (4/5THS VOTE REQUIRED) The Planning and Building Department updated their work program and outlined a proposed organizational restructure to administer the work program, based on these position reclassifications. (Director of Planning and Building) Staffrecommendation: Council adopt the resolution. Page 7 - Council Agenda 10/24/2000 19. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A THREE-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA; RECON, CONSULTANT; AND NNP-TRIMARK SAN MIGUEL, LLC, APPLICANT, FOR BIOLOGICAL MITIGATION MONITORiNG SERVICES TO BE RENDERED FOR SAN MIGUEL RANCH AND AUTHORIZiNG THE MAYOR TO EXECUTE SAID AGREEMENT In compliance with state law, a Mitigation Monitoring and Reporting Program was adopted by the Council for the San Miguel Ranch Sectional Planning Area (SPA) Plan and Tentative Maps. State law requires public agencies to adopt such programs to ensure effective implementation of mitigation measures. Adoption of the resolution will approve the proposed contract with RECON for $30,000 annually to provide consulting services as the Environmental Monitor Specialist (Biologist) for San Miguel Ranch SPA Plan and Tentative Maps. (Director of Planning and Building) Staff recommendation: Council adopt the resolution. ORAL COMMUNICATIONS Persons speala'ng during Oral Communications may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. PUBLIC HEARINGS The following items have been advertised and/or posted as public hearings as required by law. If you wish to speak on any item, please fill out a "Request to Speak"form (available in the lobby) and submit it to the City Clerk prior to the meeting. 20. CONSDERATION OF APPROVAL OF CONDITIONAL USE PERMIT PCC-00-57, A PROPOSAL TO ALLOW THE CONVERSION OF A RESDENTIAL DWELLiNG LOCATED AT 247 FOURTH AVENUE TO A RESIDENTIAL CARE FACILITY FOR FIVE AMBULATORY SENIORS The property owner proposes to convert a duplex (two two-bedroom units) into a five- bedroom ambulatory residential care facility for seniors. In addition to the five seniors, a facility manager would also live on-site under the direction of the property owner, who is a licensed clinical social worker. (Director of Planning and Building) Staff recommendation: Council adopt the following resolution: Page 8 - Council Agenda 10/24/2000 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTiNG A CONDITIONAL USE PERMIT, PCC 00-57, TO ALLOW CONVERSION OF A RESIDENTIAL DWELLING TO A RESIDENTIAL CARE FACILITY (FRIENDSHIP BOARD AND CARE) AT 247 FOURTH AVENUE ACTION ITEMS The items listed in this section of the agenda are expected to elicit substantial discussion and deliberation by the Council, staff, or members of the public. The items will be considered individually by the Council, and staff recommendations may, in certain cases, be presented in the alternative. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 21. PRESENTATION OF THE SAN DIEGO ASSOCIATION OF GOVERNMENTS REPORTING RESULTS OF THE 2000 CHULA VISTA POLICE DEPARTMENT RESIDENT OPINION SURVEY The San Diego Association of Governments (SANDAG) assisted the Chula Vista Police Department in designing and administrating a survey to a random sample of 3,000 residents in June of this year. The survey was administered to measure how residents perceive crime and their level of safety, as well as how familiar they were with a variety of police services. A similar survey was conducted in 1997. Results from both surveys show that the majority of Chula Vista residents are satisfied with the Police Department and feel safe. (Chief of Police) Staffrecommendation: Council accept the results of the survey as information only. 22. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE ENVIRONMENTAL INITIAL STUDY/MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTiNG PROGRAM ISSUED FOR THE OLYMPIC PARKWAY WIDENiNG PROJECT FROM BRANDYWiNE AVENUE TO OLEANDER AVENUE (IS-00-42) Council is being asked to consider and adopt the Environmental Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Olympic Parkway widening project under the California Environmental Quality Act (CEQA). The analysis presented in the Mitigated Negative Declaration and Initial Study indicates that potentially significant project-related impacts to geophysical resources, water resources, hazards, noise, and paleontological resources would be reduced to a less-than-significant level after mitigation. (Director of Planning and Building) Staffrecommendation: Council adopt the resolution. Page 9 Council Agenda 10/24/2000 23. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING RESOLUTION 2000-275 REGARDING THE APPROPRIATION OF FUNDS FOR THE PREPARATION OF A MASTER PLAN FOR THE NEW POLICE FACILITY AND CIVIC CENTER EXPANSION TO REDUCE THE APPROPRIATION FROM THE CIVIC CENTER EXPANSION CAPITAL IMPROVEMENT PROGRAM (CIP) AND APPROVING AN APPROPRIATION FROM THE POLICE DEVELOPMENT IMPACT FEE (DIF) FUND (4/5THS VOTE REQUIRED) On August 1, 2000, Council passed Resolution 2000-275 approving an agreement with Highland Partnership, Inc. for the provision of consultant services for the programming and preparation of a Master Plan for the new Police Department building and expansion of the Civic Center complex. The funds covering the cost of the agreement were fully appropriated out of the Civic Center Expansion CIP (Project No. GG139). This Resolution will correct the August 1, 2000 appropriation to allow for the expenditure of Police DIF funds for the Police-related portion of the project, which is $444,000. The Civic Center Complex-related expenditures are estimated to be $159,000. (Director of Public Works) Staff recommendation: Council adopt the resolution, approving the re-appropriation as follows: Reduce the appropriation in the Civic Center Expansion CIP (Project No. GG139) by $444,000 and authorize the expenditure of $159,000 out of this project, approve the appropriation of $444,000 in Police DIF funds into CIP Project No. PS149 New Police Facility, and authorize the expenditure of $444,000 out of this project. ITEMS PULLED FROM THE CONSENT CALENDAR OTHER BUSINESS 24. CITY MANAGER'S REPORTS A. Scheduling of meetings. 25. MAYOR'S REPORTS 26. COUNCIL COMMENTS CLOSED SESSION 27. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B) · One Case ADJOURNMENT to the Regular Meeting of November 7, 2000, at 4:00 p.m. in the Council Chambers. Page 10 - Council Agenda 10/24/2000 RECEIVED INTEROFFICE MEMORANDUM '00 OOT 12 P2 :25 Date: October 12,2000 CITY OF CHULA VIS i .~ CITY CLERK'S OFFICi To: Susan Bigelow, City Clerk From: Donna Norris, Deputy City Clerk Robert W. Powell, Deputy City Manager .-y:' Via: Subject: Achievement of Excellence in Procurement Award I would like the opportunity to recognize the Purchasing Agent and the Purchasing Division at an upcoming Council meeting for a national award that they recently received. The National Purchasing Institute administers a program designed to recognize the achievement of organizational excellence in public procurement. In addition to the National Purchasing Institute, the achievement program is also sponsored by the National Association of Purchasing Management and the California Association of Public Purchasing Officers. The award is achieved by only those organizations that demonstrate excellence in procurement by obtaining a qualifying score against standardized rating criteria designed to measure innovation, professionalism, productivity, and leadership attributes. Chula Vista was one of only five cities in California and twenty-three nationwide to receive this award for fiscal year ended June 30, 2000. Obviously, I am extremely proud of this achievement and welcome the opportunity to share my pride with the Council and the citizens we serve. c: Mayor and Council City Manager October 17, 2000 FROM: Donna Norris, D~~ty Clerk Patricia Salvacion, Mayor/Council office MEMO TO: SUBJECT: SPECIAL ORDERS OF THE DAY. OCTOBER 24, 2000 Please docket the following for presentation at the above Council meeting: COMMENDING CHARLOTTEE MCCONNEY FOR HER DEDICATION AND SERVICE TO SENIOR CITIZENS Thank you. MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA OCTOBER 10, 2000 6:00 p.m. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:04 p.m., in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Councilmembers Davis, Moot, Padilla, Salas, and Mayor Horton ABSENT: Councilmembers: None ALSO PRESENT: City Manager Rowlands, City Attorney Kaheny, City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE CONSENT CALENDAR (Items 1 through 12) 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 NO. 2823, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE TRANSPORTATION DEVELOPMENT IMPACT FEE ORDINANCE, MUNICIPAL CODE SECTION 3.54.040.CA, 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 Some 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. 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. , CONSENT CALENDAR (Continued) 4. ORDINANCE NO. 2824, ORDINANCE OF THE CITY COUNCIL 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 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 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 NO. 2000-342, 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 W AlVING 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, has requested 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 NO. 2000-343, 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 The Beverage Container Recycling and Litter Reduction Act mandates that the Department of Conservation, Division of Recycling (DOC) use a portion of its funds ($10.5 million state-wide) to provide annual "grant" payments to local govemments for litter reduction and collection programs that encourage recycling. The DOC informed the City on about June 1, 2000 that its share of this year's per capita allotment would be $48,785. Conservation program staff 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. Page 2 - Council Mioutes 10/10/2000 CONSENT CALENDAR (Continued) 7. RESOLUTION NO. 2000-344, 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) 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 NO. 2000-345, 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 NO. 2000-346, 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 NO. 2000-347, RESOLUTON 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.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. Page 3 - Council Minutes 10/10/2000 CONSENT CALENDAR (Continued) 9. RESOLUTION NO. 2000-348, 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 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 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 and Fifth Avenues (STL- 241). The project provides for the construction of new sidewalk facilities and some pavement rehabilitation in front of the sidewalk on Palomar Street. The work also includes all labor, material, equipment, transportation and traffic control necessary for the project. (Director of Public Works) Staff recommendations: Council adopt the resolution. 10. ORDINANCE NO. 2825, 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 AS 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 NO. 2000-349, 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 (IOD) 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 Page 4 - Council Minutes 10/10/2000 CONSENT CALENDAR (Continued) 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. 12 A. RESOLUTION NO. 2000-350, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA 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, 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 NO. 2000-351, 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. ACTION: Mayor Horton moved to approve staff recommendations and offered the Consent Calendar, headings read, texts waived. The motion carried 5-0, except on Items #1 and #11, which carried 4-0-1, with Councilmember Padilla abstaining on #1 due to his absence at the meeting, and Deputy Mayor Moot abstaining on #11 due to a potential conflict of interest. Page 5 - Council Minutes 10/10/2000 ORAL COMMUNICATIONS Ramon Leyba, 751 Otay Lakes Road, Principal of Bonita Vista High School, spoke of infrastructure and classroom needs at the school that can be addressed by the passage of Proposition BB on the November ballot. Mike Diaz, 89 East Paisley, stated that Jerry Rindone violated Charter provisions for term limits and provided Council with documentation to support his contention. The matter was referred to the City Attorney for review and discussion with Council. ACTION ITEMS 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 I-80S 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 ofI-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 I, 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 analyses 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) Public Works Director Lippitt explained that the amendment would provide further analysis of the feasibility of forming a joint powers authority for a public toll road. He also recommended revisions to the work program tasks as set forth in the agenda report, pages 13-2 and 13-3, to precede tasks I, 7 and 8 with the phrase "upon further policy direction by the City CounciL" Councilmember Salas expressed concern that recent newspaper articles and Council agenda statements have indicated that the City will move forward with the JP A, and she expressed the need to make certain the public is aware that the City has not made such a decision. City Manager Rowlands confirmed that the City's direction has not yet been determined but stated that the proposed analyses will keep the City's options open so the City can proceed if private funding does not become available. Page 6 - Council Mioutes 10/10/2000 ACTION ITEMS (Continued) ACTION: Mayor Horton offered Resolution No. 2000-352, heading read, text waived. RESOLUTION NO. 2000-352, 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 The motion carried 5-0. 14. CONSIDERATION OF ADOPTION OF AN ORDINANCE AMENDING ORDINANCE NO. 2579 RELATING TO AN INTERIM PRE-SRI25 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) Chula Vista created an Interim Pre-SRI25 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) Public Works Director Lippitt informed Council that the purpose of the amendment is to allow use of the interim SR-125 funds to look at a three-pronged approach; the interim road, a private toll road, and a public toll road using a joint powers authority. Deputy Mayor Moot asked when CTV would obtain financing. City Manager Rowlands responded that funding would not be obtained until the 404 Permit has been issued by the Environmental Protection Agency. Councilmember Salas stated that steps must be taken to insure that the City is fully protected in whatever decision is ultimately made. Deputy Mayor Moot requested a time line of events on the project, to make sure that the project is moving forward. ACTION: Councilmember Padilla introduced Ordinance No. 2826, heading read, text waived: ORDINANCE NO. 2826, 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 TO PAY FOR COSTS ASSOCIATED WITH ADVANCING THE CONSTRUCTION OF SR-125 The motion carried 5-0. Page 7 - Council Minutes 10/10/2000 ACTION ITEMS (Continued) 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, appropnatmg $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 ratifies 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 rejects those bids determined to be non-responsive and accepts the lowest responsive bids and awards all the contracts as designated for award on Exhibit "A" of the agenda statement, covering some ofthe trade work associated with the construction of the Corporation Yard project. It is staffs intent to come back before Council on October 17th with a resolution accepting and awarding all the remaining bids. (Director of Public Works) ACTION: Mayor Horton offered Resolution Nos. 2000-353 and 2000-354 as amended to eliminate Item N-4 from Exhibit "A", headings read, texts waived. A. RESOLUTION NO. 2000-353, 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 EXPANSION WORK ASSOCIATED WITH THE CONSTRUCTION OF THE PUBLIC WORKS OPERATIONS FACILITY AND CORPORATION YARD B. RESOLUTION NO. 2000-354, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REJECTING NON- RESPONSIVE BIDS, ACCEPTING THE LOWEST RESPONSIVE BIDS, AWARDING CONTRACTS AS DESIGNATED 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 The motion carried 5-0. Page 8 - Council Minutes 10/10/2000 OTHER BUSINESS 16. CITY MANAGER'S REPORTS A. Scheduling of meetings. City Manager Rowlands reported that a Council workshop on the Eastern Urban Center was scheduled for Thursday, October 12, 2000, at 4:00 p.m., in the Council Conference Room; and staff workshops to obtain public input on the proposed Police Facility site were scheduled at 6:30 p.m. on the following dates: Monday, October 16, 2000 Monday, October 23, 2000 Wednesday, November 8, 2000 17. MAYOR'S REPORTS A. Ratification of appointment to the Board of Ethics - Francisco Gonzales. ACTION: Mayor Horton moved to ratify the appointment of Francisco Gonzales to the Board of Ethics. Councilmember Davis seconded the motion, and it carried 5-0. Mayor Horton commented on numerous calls and e-mails she received regarding the proposed use of Friendship Park for the new police facility and asked that citizens be given the same presentation as was given to Council as soon as possible. 18. COUNCIL COMMENTS Deputy Mayor Moot stated that he and Councilmember Padilla had reviewed the report regarding the Otay Water District audit, and the report would be forwarded to all Councilmembers. He also asked that staff review and report on the ICCD pipe project to make sure that Chula Vista residents would not be paying a disproportionate share for improvements that would benefit non-residential areas outside Chula Vista. Deputy Mayor Moot reported on the F.A.A. report recently released regarding Brown Field and the need to review the report to see how the Brown Field project would affect Chula Vista. Councilmember Davis reported on plans for Christmas in October, which will be held on October 14, 2000, at 8:00 a.m. Three homes have been selected for upgrades, and she invited the community to participate in painting the homes. CLOSED SESSION Mayor Horton announced that Closed Session had been cancelled, and the following items were not discussed: Page 9 - Council Minutes 10/10/2000 CLOSED SESSION (Continued) 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 ofChula Vista (Case No. GIC 743890) ADJOURNMENT: At 7:10 p.m., Mayor Horton adjourned the meeting to a 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 4:00 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. Respectfully submitted, ~~~ 10. ) Susan Bigelow, ME, CMC, City Clerk 10/10/2000 Page 10 - Council Minutes MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA OCTOBER 12, 2000 4:00 P.M. Mayor Horton called an Adjourned Regular Meeting of the City Council of the City of Chula Vista to order at 4:09 p.m. in the Council Conference Room of City Hall, 276 Fourth Avenue, Chula Vista, California. 1. ROLL CALL PRESENT: Councilmembers Davis, Padilla, Salas, and Mayor Horton (Councilmember Salas arrived at 4:21 p.m.) ABSENT: Councilmember Moot ALSO PRESENT: City Manager Rowlands, City Attorney Kaheny, City Clerk Bigelow 2. EASTERN URBAN CENTER WORKSHOP City staff, in cooperation with McMillin Land Development and its consultants, provided an overview of the Eastern Urban Center (EUe), including project goals and objectives, a review of adopted Otay Ranch General Development Plan guidelines, an overview of the EUC market analysis, and a discussion of EUC policy issues and public/private partnership opportunities. Economic Development Manager Dye indicated that staff would return to the Council for consideration of a proposed letter of intent and policy recommendations. The Council took no action. ORAL COMMUNICATIONS There were none. ADJOURNMENT At 5:23 p.m., Mayor Horton adjourned the meeting to an Adjourned Regular Meeting to be held on October 16, 2000 at 6:30 p.m. Respectfully submitted, ~tu.tLL~ Susan Bigelow, CMC/AAE, City Clerk ORDINANCE NO. The City Council of the City of Chula Vista does hereby ordain as follows: SECTION I: That Title 2 of the Chula Vista Municipal Code is hereby amended to add Chapter 2.57 to read as follows: Section 2.57.010 Purpose and Intent The purpose of this Division is to establish specific procedures to be used to solicit, qualify, evaluate, select and award design-build contracts. Section 2.57.020 Definitions For purposes of this Division, the following definitions apply: "Best Interest of the City" means a design-build process that is projected to meet the interests of the City and objectives of the project which may include reducing the project delivery schedule and total cost of the project while maintaining a high level of quality workmanship and materials. UBest Value~ means value determined by objective criteria, and may include, but is not limited to, price, features, functions, life cycle costs, and other criteria deemed appropriate. "Design-Build" means a public works contract procurement method in which both the design and construction of a project are procured from a single entity. '~Design-Build Entity~ means a partnership, corporation, or other legal entity that is able to provide appropriately licensed contracting, architectural, and engineering services as needed. Page 1 of 8 ~O/]~esign-Build Entity Member" includes any person who prov~s.~%~c~n~ed contracting, architectural or engineering services. "Design Profess~Ob~ means a professional, either City staff or an outside consultant, who develops the criteria package which may include, but is not limited to, facility program, design criteria-, performance specifications and other project-specific technical material. ~Qualified List of Design Build Entities" means those Design-Build Entities selected based on a competitive selection process and who are determined to be qualified to act as a Design-Build Entity for the City of Chula Vista on any project. ~Sole Source" means a commodity or service available from only one known source as the result of unique performance capabilities, manufacturing processes, compatibility requirements or market conditions. Section 2.57.030 Design-Build Procurement (a) Prior to procuring a Design-Build public works contract, the City shall either (1) prepare a project specific request for proposal or qualification setting forth the basic scope of the project that may include, but is not limited to the size, type and desired design character of the project and site, and performance specifications. The performance specifications shall describe the quality of construction materials, assemblies, and other information deemed necessary to adequately describe the City's needs. The performance specifications shall be prepared by a design professional designated by the City; or (2) Prepare a project specific request for proposal setting forth the basic scope of the project that may include, but is not limited to the size, type and desired design character of the project and site, and performance specifications to be distributed exclusively to those teams selected from the Qualified List of Design-Build Entities. The performance Page 2 of 8 specifications shall describe the quality of construction materials, assemblies, and other information deemed necessary to adequately describe the City's needs. The performance specifications shall be prepared by a design professional designated by the City; or (3) select a Design-Build Entity from those teams identified on the Qualified List of Design-Build Entities without preparing a formal request for proposals. Prior to an award to a Design-Build Entity pursuant to the Qualified List of Design-Build Entities, the City Manager shall certify to the City Council in writing that the most qualified firms have been invited to interview and the selected firm is capable of providing the services and it is in the Best Interest of the City to proceed in this manner; or (4) select a Design-Build team as a Sole Source, if, in advance of the contract, the City Manager certifies in writing the Sole Source status of the provider. Section 2.57.040 Qualification and Selection Process The City may establish a qualification and selection process for Design-Build Entities that specifies the qualification criteria, as well as recommends the manner in which the winning entity will be selected. Nothing in this Division precludes a Design-Build contract from being awarded to a Sole Source, if, in advance of the contract, the City Manager certifies in writing the Sole Source status of the provider. Section 2.57.050 Qualification Criteria Prior to the award of a Design-Build contract, the Design- Build Entity may be required to provide any or all of the following qualification criteria: (a) Possession of all required licenses, registration, and credentials in good standing that are required to design and construct the project. (b) Submission of documentation establishing that the Design-Build Entity members have completed, or demonstrated the Page 3 of 8 capability to complete projects of similar size, scope, building type, or complexity, and that proposed key personnel have sufficient experience and training to competently manage and complete the design and construction of the project. (c) Submission of a proposed project management plan establishing that the Design-Build Entity has the experience, competence and capacity needed to effectively complete the project. (d) Submission of evidence establishing the Design-Build Entity has the capacity to obtain all required payment and performance bonding, liability insurance, and errors and omissions insurance, as well as a financial statement demonstrating to the City's satisfaction that the Design-Build Entity has the capacity to complete the project. (e) Provision of a declaration that the applying members of the Design-Build Entity have not had a surety company finish work on any project within the past five years. (f) Provision of a declaration providing detail for the past five years concerning all of the following: (1) Civil or criminal violations of the Occupational Safety and Health Act against any member of the Design-Build Entity. (2) Civil or criminal violations of the Contractors' State License Law against any member of the Design-Build Entity. (3) Any conviction of any member of the Design-Build Entity of submitting a false or fraudulent claim to a public agency. (4) Civil or criminal violations of federal or state law governing the payment of wages, benefits, or personal income tax withholding, or of Pederal Insurance Contributions Act (FICA) withholding requirements, state disability insurance withholding, or unemployment insurance payment requirements against any member of the Design-Build Entity. For purposes of this section, only violations by a Design-Build Entity Member as an employer shall be deemed applicable, unless it is shown that the Design-Build Entity Member, in his or her capacity as an employer, had knowledge of a subcontractor's or employee's Page 4 of 8 violations or failed to comply with the conditions set forth in Section 1775(b) of the State Labor Code. (5) Civil or criminal violations of federal or state law against any Design-Build Entity Member governing equal opportunity employment, contracting or subcontracting. (6) Any construction or design claim or litigation totaling more than $50,000 pending or settled against any member of the Design-Build Entity over the last 5 years. (7) Any debarment, disqualification or removal from a federal, state, or local government public works project. (g) Provision of a declaration that the Design-Build Entity will comply with all other provisions of law applicable to the project. The declaration shall state that reasonable diligence has been used in its preparation and that it is true and complete to the best of the signer's knowledge. (h) In the case of a partnership or other association that is not a legal entity, a copy of the agreement creating the partnership or association and specifying that all partners or association members agree to be fully liable for the performance under the Design-Build contract. Section 2.57.060 Selection Method The City shall select one of the following methods as the process to be used for the selection of the winning entity: (a) A Design-Build competition based on performance specifications and criteria set forth by the City in the request for proposals. (1) Criteria used in this form of evaluation of proposals may include, but not be limited to, items such as proposed design approach, life-cycle costs, project features, financing, quality, total cost, past performance, business standing, schedule, and operational and functional performance of the facility. However, any criteria and methods used to evaluate proposals shall be limited to those contained in the request for Design-Build proposals or qualifications. (2) Any architectural firms, engineering firms, Page 5 of 8 specialty consultants, or individuals retained by the City to assist in the preparation of the request for proposals shall not be eligible to participate in the competition with any Design- Build Entity. (3) Award shall be made to the Design-Build Entity whose proposal is judged as providing best value meeting the interests of the City and meeting the objectives of the project. (b) A Design-Build competition based on program requirements, performance specifications, and a preliminary design or combination thereof set forth by the City in the request for proposals. Limited or preliminary drawings and specifications detailing the requirements of the project may accompany the request for proposals. (1) The City shall establish technical criteria and methodology, including price, to evaluate proposals and shall describe the criteria and methodology of evaluation and selection in the request for proposal or qualification Design- Build Entity. (2) Any architectural firms, engineering firms, specialty consultants, or individuals retained by the City to assist in the preparation of request for proposals shall not be eligible to participate in the competition with any Design-Build Entity. (3) Award shall be made to the Design-Build Entity on the basis of the technical criteria and methodology, including price, whose proposal is judged as providing best value in meeting the interests of the city and meeting the objectives of the project. (c) A Design-Build competition based on program requirements and a detailed scope of work, including any preliminary design drawings and specifications set forth by he City in the request for proposals. (1) Any architectural firms, engineering firms, specialty consultants, or individuals retained by the City to assist in the preparation of request for proposals shall not be eligible to participate in the competition with any Design-Build Entity. Page 6 of 8 (2) Award shall be made on the basis of the lowest responsive bid. (d) A ~Sole Source" award as otherwise allowed by law. Section 2.57.070 Work Listing The City recognizes that the Design-Build Entity is charged with performing both design and construction. Because a Design- Build contract may be awarded prior to the completion of the design, it is often impracticable for the Design-Build Entity to list all subcontractors at the time of the award. (a) All of the following requirements shall apply to ~subcontractors, licensed by the state that are employed on Design-Build projects undertaken pursuant to this Division. (1) The Design-Build Entity in each Design-Build proposal shall specify the construction trades or types of subcontractors that may be named as members of the Design-Build Entity at the time of award. In selecting the trades that may be identified as members of the Design-Build Entity, the Design- Build Entity shall identify the trades deemed essential in the design considerations of the project. All subcontractors that are listed at the time of award shall be afforded the protection of all applicable laws. (2) All subcontracts that were not listed by the Design-Build Entity at the time of award in accordance with Section 8(b) (1) shall be performed and awarded by the Design- Build Entity in accordance with a bidding process set forth in the Design-Build agreement. (3) In a contract between the Design-Build Entity and a subcontractor, and in a contract and any subcontractor thereunder, the percentage of the retention proceeds withheld may not exceed the percentage specified in the contact between the City and the Design-Build Entity. If the Design-Build Entity provides written notice to any subcontractor who is not a member of the Design-Build Entity, prior to or at the time that the bid is requested, that a bond may be required and the subcontractor subsequently is unable or refuses to furnish a bond to the Design-Build Entity, then the Design-Build Entity may withhold retention proceeds in excess of the percentage specifSed in the contract between the City and the Design-Build Entity from any Page 7 of 8 payment made by the Design-Build Entity to the subcontractor. 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 John P. Lippitt ~o~ M. Kah~ny Director of Public Works City Attorney Page 8 of 8 COUNCIL AGENDA STATEMENT Item ~.~ Meeting Date 10/24/00 ITEM TITLE: Resolution Approving an Agreement with Claudio Estrada for the payment of sewer connection fees at 285 Shirley Street and authorizing the City Engineer to approve said agreement and future sewer connection payment agreements for remaining residents on Shirley Street SUBMITTED BY: Director of Public Works ~/ REVIEWED BY: City Manager ~/~[~/ (4/5ths Vote: Yes No X ) The purpose of the agreement is to allow Claudio Estrada, owner of the property at 285 Shirley Street to connect his residence to the public sewer main in Shirley Street and pay the sewer connection fees of $6,290 over a ten year period with six percent interest. RECOMMENDATION: That Council approve the resolution authorizing the City Engineer to execute the payment agreement with Clandio Estrada and future payment agreements with residents of Shirley Street. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: At the January 19, 2000 City Council meeting, John Lippitt, Director of Public Works presented to Council an Informational Memorandum (Exhibit "A") which explained why a reimbursement district was not being used to reimburse the City for the installation of the Shirley Street sewer main between N. Second Avenue and N. Del Mar Avenue. Instead of forming a reimbursement district, it was decided to allow these residents to pay the standard rate in accordance with Section 13.16.170 of the Municipal Code which would be charged to any property owner in Chula Vista connecting to an existing sewer not in a reimbursement district or part ora sewer basin plan. The memo also indicated that staff offered the Shirley Street residents financing for up to ten years for the connection fees. On February 8, 2000 a letter (Exhibit "B") was sent to the 14 Shirley Street residents informing them of the total sewer connection fees and the financing option that includes a six percent interest charge. Recently, Claudio Estrada, owner of the property at 285 Shirley Street requested to connect to the sewer main and pay for the connection fee of $6,290 by means of the financing option. Mr. Estrada also indicated that he was aware that other residents on Shirley Street would also be requesting the financing option. Staff has prepared a payment agreement (Exhibit "C") for Mr. Estrada for financing the $6,290 connection fee plus six percent interest for up to ten years. The agreement also includes placing a lien on the property in the same mount for the purpose of securing the future payment of the fees. Staff proposes to use a similar agreement for any other Shirley Street residents requesting the financing option. 2,-/ Page 2, Item ~ Meeting Date 10/24/00 It is being requested that the City Engineer be authorized by this resolution to execute the payment agreement with Claudio Estrada and also be authorized to execute future payment agreements for the remaining residents along Shirley Street when requested. FISCAL IMPACT: $960 of the total $6,290 connection fee is to reimburse the City for the Shirley Street sewer main project. $3,015 is for the installation of the sewer lateral, $2,220 is the standard sewer capacity fee for a single family residence, $25 is for the Spring yalley Sanitation District charge and $70 covers administrative charges. Attachments A. Informational Memorandum to City Council B. Letter to Shirley Street residents C. Financing Agreement File No. 0790-40-SR009 H:\HOM E\ENGINEER\AGEN DA\SHIRLEY.SLY 10/13/00 3:18:08 PM INFORMATIONAL MEMOI~4NDUM -'~ ~'~'~ I/~5-//~C) ,~ January 19, 2000 File #0790-40-SR009 TO: The Honorable Mayor and City Council VIA: Da~Sd D. Rowlands, Jr., City Manager FROM: John P. Lippitt, Director of Public Works SUBJECT: Proposed Shirley Street Sewer Reimbursement District On November 16, 1999, Council adopted Resolution 19657, which initiated Proceedings for formation of a reimbursement district for the Shirley Street sewer and Scheduled a public hearing for December 7, 1999 (Attachment A). This sewer line had been constructed at the request of the property owner of 285 Shirley Street, whose septic system had failed~ Construction of an 8-inch sewer in Shirley Street between North Second and Del Mar Avenue was included in the Capital Improvement Program for Fiscal Year 1999-00, with the understanding that the upfront City funding would be repaid through a reimbursement district. Fourteen properties on both sides of Shir!ey Street were proposed to be included in the District. The properties located at 210 and 270 Shirley Street were excluded because they had akeady been connected to the sewer lines in North Second Avenue and C Street, respectively. Some of the other properties on the south side of Shirley Street could also connect to C Street. Two properties have akeady connected to the Shirley Street sewer. 240 Shirley Street connected prior to determination of total sewer costs and only paid $3015 for the lateral plus sewer capacity and administrative fees, while 260 Shirley Street paid $6300 towards the cost of the sewer main and lateral. Since this creates an issue of equity in the neighborhood, staffproposed that the City pick up City staff and advertizing costs, reducing the residents' share to $5001.67 for sewer main and lateral costs. Total sewer costs per resident were estimated at $7291.67. On December 7, owners of 8 of the 14 properties attended the Council Meeting. Due to the number of people in attendance, it was decided to hold a separate meeting at that time to address residents' concerns and postpone the publid hearing before Council. The following issues were brought up: 1. What was the rationale for constructing a sewer line averaging ten feet in depth? A shallower sewer would be cheaper to construct and easier to maintain. 2. Neighborhood meetings should have been held prior to sewer construction in order for the property owners to be made aware of the costs and the construction schedule. 3. Can residents repair their septic systems instead of connecting to the sewer? Is it necessary to connect to the sewer prior to selling the property? 4. The cost is still too high compared to fees paid by property owners connecting to either Shirley Street or C Street. 5. Many of the property owners are senior citizens and can't afford to pay a large fee with the The Honorable Mayor and City Council -2- January I9, 2000 building permit. Can the sewer fees be financed over several years? City staffnoticed all property owners and held an additional community meeting to address these concerns on January 13, 2000. As at the previous meeting, owners of 8 out of the 14 prope.wy owmers attended. Staff addressed the following issues: 1. Septic Systems: The Uniform Plumbing Code states that no permit shall be issued for the installation or repair of any private sewage disposal system .where a connection with a public sewer is within 200 feet. This would require Shirley Street residents with failed septic systems to connect to the sewer. However, owners who sell their properties will not be required to connect to the City if the septic systems are flmctional. Owners who build additions onto their properties may be required to connect to the sewer if the septic system would be undersized based on the additional uses. 2. Sewer Desi,.~n: The City dismibuted the attached "Shirley Street Sewer Insm/tation Respense to Questions"(Attaehment B). As discussed in the handout, the cost differential between a seven-foot deep sewer and a 10.5-foot deep sewer is minimal. One of the property owners wanted to build a shallower private sewer line under the lawns on the north side of Shirley Street and tried to convince his neighbors to go along with his plan, but he could not obtain a consensus. Staffwas opposed to this alternative. 3. Cost Offer: Ax%er reviewh2g the four current sewer connections to the 200 block of Shirley Street and C Street, City staffoffered to charge Shirley Street property owners in accor ,dance with Section 13.16.170 in the Municipal Code, as was charged the property at 270 Shirley Street. This is the rate which would be charged to any property owner in Chula Vista connecting to an existing sewer not in a reimbursement district or part of a sewer basin plan. The charges would be as follows: Sewer Lateral Fee $3015 Front Foot Sewer Charge (Ordinance 997) $960 ($16 per foot for a 60-foot wide lot) Sewer Capacity Charge $2220 Spring Valley Sanitation Dist. Charge $ 25 Admin/strative Charges I $ 70 ~ TOTAL I $6290 The use of this charge xvould not require establishing a reimbursement district on either Shirley Street or C Street. The residents seemed to be generally ag'reeable to this charge based oa its equitability. It is approximately $1000 less per resident than the option The Honorable Mayor and City Council -3- January 19, 2000 or/gSna~y proposed by staff, or a potent/al loss in revenue to the City of S 13,000 (excluding 240 ShJ. rley Street). All the lots ~Sthln the proposed District are approximately 60 feet wSde, with the excpfion of 235 Shirley Street, which is 120 feet wide. Staffoffered to connect this property owner to the sewer at the same fi'ont footage charge as the other property o~naers if he obtained a sewer connection permit within the next slx months. Financing Options: Staffoffered to provide financing for up to ten years for each propercy Ow-her, provided that the property owner sigma an agreement, and agree to have a lien placed on their property. The Director of Finance had tentatively agreed to this plan. 'Fne Director of Finance was subsequently consulted and agreed to this Plan. Property owners would be charged ma interest rate of slx percent, which is equal to the amount generally clmrged for reimbursement Districts minus the one percent District adm'mistrative fee. Unless otherwise directed by Council and because of past history of some properties getting connected to the sewer for lower costs, staff will discontinue the proceedings for the sewer reimbursement district and charge standard ordinance eharges for the sewer connection on both Shirley Street and "C' Street. I/Council does not object to this plan of action, the Shirley Street property owners will be notified of these conclusions after the Janum-y 25, 2000 Council meeting. The property owner of 260 Shirley Street, M. rs. Butikofer, will be ~ven a refund for the difference between what she paid for a server connection and $6290. Attachments: A. Shirley Street Agenda Statements B. Shirley Street Sewer Installation Response to Questions H 9HO M E~,ENGINEERkASMTDIST~SHiRLMEM.EMC 'g, t tt DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION Februa~-.: 8, 2000 File #0790740-SR009 JAMIE & CLAUDIO ESTRADA 285 SHIRLEY STREET ,~ -' ~ ~"q, 0 , CHULAVISTA. CA91910 {-~ ~!,~- ?' ..... :'- ' ' : Sh31~..LE¥ 5TR~.ET 5EWER CON~-ECTION CHARGES As discussed a~ tl~ Shirley Street propert3r owners'meeting held on January i3, Public Wor'~ En¢.neering staff prepared an informational memorandttm for the City Council to consider ar their. January 25, 2000 Counci/meting; Tim pruposal was to discontinue ptasuing a reimbursemerl district and ir~ead use ex2sring fees ro pay for sewer connection charges. Council did not offer any objections to the course of action proposed by staff. The following discusses the approved procedure and fees for property owners on the 200 block of Shirley Strut winhing tO connect to the sewer. The City will nor estaNish a reimbursement district for the sewer. Property owners will instead be charged in ac:ordance with the standard fees specified in City Ordinances. the Municipal Code and the Master Fee Schedule. These fees will be as follows: Lamral Fee I S3015 Sewer ; Front Foot Sewer Charge (Ordirmnce 99~ $ 960 for a 60-foot wide lot (S16 per foot) i Sewer Canaciry Charge I $2220 Spring Valley Sanitation District Charge [ $ 25 for an average lot (S130 per acre) Administrative Charges } S 70 TOTAL (Average lot) } $6290 If requested by the properW owner, the City will provide financing for up to ten years for payment of the sewer connection fees, provided that the property owner si[m an agreement with the City and agree to have a lien placed on the property. Property owners would be charged an annual interest rate of six percent. This offer will be avai/able for one year from the date of this letter. Hopefully, this solution will be fair and workable for property owners. Please contact Elizabeth Chopp, Civil Engineer, at (619) 691-5258 for further details or Silvester Evetovich, Civil Engineer, ar (619) 691-5115 for R. LPH k. SENIOR CFr'IL ENGINEER cc: Siivesrer Evetovich, Alex AI-Agha H:'JiOME'~NOIN~'.~,.SMTDIST~S't~'o~"T.-ZMC .......... gV=NU= C~L;L-:, VISZ-' C3L'.F,D~NIA ~191C,-2531 / {51~ ~91-5C21 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH CLAUDIO ESTRADA FOR THE PAYMENT OF SEWER CONNECTION FEES AT 285 SHIRLEY STREET AND AUTHORIZING THE CITY ENGINEER TO APPROVE SAID AGREEMENT AND FUTURE SEWER CONNECTION PAYMENT AGREEMENTS FOR REMAINING RESIDENTS ON SHIRLEY STREET WHEREAS, Claudio Estrada, owner of the property at 285 Shirley Street, is desirous of connecting his residence to the public sanitary sewer system; and WHEREAS, on January 19, 2000, an informational memorandum was presented to the Chul~ Vista City Council to explain the outcome of meetings between Engineering staff and residents of Shirley Street in relation to connecting their residences to the newly installed public sewer main in Shirley Street; and WHEREAS, said informational memorandum outlined the payment options given to the Shirley Street residents wishing to connect to the sewer main; and WHEREAS, said payment options included a lump-sum payment of $6,290.00 or a payment plan consisting of financing for up to ten years with an interest rate of six percent; and WHEREAS, implementation of the financing option requires Property Owner to enter an agreement with the City; and WHEREAS, Property Owner has requested connection of the Property to the City's sanitary sewer system and has requested the financing option. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve an agreement with Claudio Estrada for the payment of sewer connection fees at 285 Shirley Street. BE IT FURTHER RESOLVED the City Engineer of the City of Chula Vista is hereby authorized and directed to approve said 1 agreement and future sewer connection payment agreements for remaining residents on Shirley Street. Presented by Approved as to form by John P. Lippitt ~n M. Kaheny Director of Public WorksCity Attorney h:\HomekAttorney\Reso\Estrada sewer] 2 EXHIB T ~,_ Recording requested by and please return to: City Clerk City of Chula Vista P.O. Box lO87 Chula Vista, CA 91912 · This spaceforRecorder's use, only Assessors Parcel No: 563-321-02 0790-40-SR009 AGREEMENT FOR THE DEFERRAL OF SEWER CONNECTION FEES AND LIEN SECURING THE FUTURE PAYMENT OF SAID FEES ON THE PROPERTY OWNED BY JAMIE AND CLAUDIO ESTRADA AND LOCATED AT 285 SHIRLEY STREET IN THE CITY OF CHULA VISTA THIS AGREEMENT, made and entered into this day of 20__, by and between the CITY OF CHULA VISTA, a municipal corporation (hereinafter "City"), JAMIE AND CLAUDIO ESTRADA, as husband and wife (hereinafter "Property Owner"); WITNESSETH WHEREAS, the property which is the subject matter of this agreement is commonly known as 285 SHIRLEY STREET, CHULA VISTA, CALIFORNIA, is identified in the County Assessor records as Parcel No.563-321-02 in the City of Chula Vista, County of San Diego, State of California and is further described as: BEING LOT 37 OF UECKER'S SUBDIVISION NO. 3, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO 2441, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 11, 1947. (hereinafter "Property"); and, WHEREAS, Property is owned by Property Owner; and, WHEREAS, Property Owner is desirous of connecting Property to the City's public sanitary sewer system; and, WHEREAS, on January 25, 2000 an informational memorandum was presented to the Chula Vista City Council to explain the outcome of meetings between Engineering staff and residents of Shirley Street in relation to connecting their residences to the newly installed public sewer main in Shirley Street; and, WHEREAS, said informational memorandum outlined the payment options given to the Shirley Street residents wishing to connect to the sewer main; and, WHEREAS, said payment options included a lump-sum payment of $6290.00 or a payment plan consisting of financing for up to ten years with an interest rate of six percent; and, WHEREAS, implementation of the financing option requires Property Owner to enter an agreement with the City; and, WHEREAS, Property Owner has requested connection of the Property to the City's sanitary sewer system and has requested the financing option. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: A. Terms of Payment 1. Property owner shall pay to City the principal amount of $6290.00, with 6% compound interest, over a period of 10 years. The initial payment of $412.56 shall be due and payable on the date of sewer connection. The subsequent t9 semi-annual payments equal to $412.56 each shall be billed to Property owner and payable to the City beginning in March, 2001 through 2010. 2. Property owner may pay the principal at any time prior to March, 2010. Additional interest payments will not be billed subsequent to such payment. 3. Property owner shall pay balance as calculated in Item A2 above if Property is sold, transferred or conveyed. 4. For payment which is not made by the due date, Property Owner shall pay a penalty of 10 percent of the delinquent amount plus 1-1/2 percent per month in addition to the regular payment. B. Grant of Lien: For the purpose of securing the faithful performance of the promises and covenants herein contained, Property Owner hereby grants to the City of Chula Vista a lien ("Lien") upon the Property in an amount equal to a maximum of Six Thousand Two Hundred and Ninety Dollars ($6290.00) and which amount shall be increased or decreased annually at the request of Property Owner in direct proportion to Property Owners' payment or failure to make payment as herein agreed upon and the month in which this agreement was entered ("Lien Amount"). Page (2) 1. At any time during the period herein provided, Property Owner, may pay in cash the outstanding principal amount. If said cash payment is made, the City shall rescind the Lien granted by this Agreement, and shall record a notice of recision of same. The recision of the lien shall not constitute a recision of other covenants and property interests herein granted, and shall not constitute a basis for not recording this Agreement. 2. The Lien Amount shall operate as a maximum amount of the principal of this Lien, exclusive of Attorney's Fees and Costs, and interest from the date of filing of the foreclosure action on the Lien, which interest Property Owner agrees to pay at the rate of six (6%) percent per annum, compounded annually. C, Remedies: Nothing in this agreement shall constitute a limitation on the remedies provided at law or equity. It is understood, agreed and acknowledged by Property Owner that, upon failure of the Property Owner's obligation to pay at the time and in the manner specified by this Agreement, the City may, but is not required to, do any of the following: 1. In the event Property Owner defaults, City may foreclose on said Lien, as provided by law for the foreclosure of mortgages, and Property Owner agrees that the amount of said Lien includes administrative and attorneys' fees which shall be taxed as a cost in any suit or foreclosure. Foreclosure proceedings may commence after non-payment of two sequential installments. 2. Pursue any other remedy, legal or equitable by law, for the foreclosure of a lien, and Property Owner, bis/her heirs and assigns, shall pay reasonable attorneys' fees and costs to be taxed as a cost in said proceedings. D. Miscellaneous Provisions: I. Authority of City: Property Owner further agrees that, and agrees not to protest the fact, that the City is vested with the authority to require the Property Owner to make payments as agreed herewith. 2. Notices: Unless otherwise provided in this Agreement or by law, any and all notices required or permitted by this Agreement or by law to be served on or delivered to either party shall be in writing and shall be deemed duly served, delivered, and received when personally delivered to the party to whom it is directed, or in lieu thereof, when three (3) business days have elapsed following deposit in the U.S. mail, certified or registered mail, return receipt requested, first-class postage prepaid, addressed to the address indicated in this Agreement. A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party. Facsimile transmission shall constitute personal delivery. City_: City of Chula Vista 276 4th Ave. Chula Vista, CA 91910 Attu: Public Works, Engineering Division Proper _~ Owner: Jamie and Claudio Estrada 285 Shirley Street Chula Vista, CA 91910 (A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided in this paragraph. Facsimile transmission shall constitute personal delivery.) 3. 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. 4. Recitals: Exhibits: Any recitals set forth above are incorporated by reference into this Agreement. 5. Attorneys' Fees: The prevailing party in any action enforcing the provisions of this agreement shall be entitled to reasonable attorney's fees in addition to any other costs, damages, or remedies. 6. 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. 7. Invalidity: If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. 8. Time: Time is of the essence in the performance of the Parties' respective obligations herein contained. End of Page. Next Page is a Signature Page. SIGNATURE PAGE FOR LIEN AGREEMENT (PARCEL 563-321-02) IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. CITY OF CHULA VISTA BY: DATED: CLIFFORD L. SWANSON, DEPUTY PUBLIC WORKS DIRECTOR/CITY ENGINEER (City Clerk to attach acknowledgment.) PROPERTY OWNERS (Property Owner(s) to attach notary acknowledgment.) NOTE: Permit~ee is to submit a check or money order payable to County of San Diego in the amount to cover the cost of filing this permit with the County Recorder, which will be determined as follows: $7.00 for the first page and $3.00 for every page thereafter (including notary acknowledgments for permittee and City Engineer). ALL pages must be 8~ in. by 11 in. (including notary acknowledgments) or the fee for all pages after the first page will be $5.00 each. Approved as to form: JOHN M. KAHENY CITY ATTORNEY [H:\HOME\ENGINEER\PERMITS\SHIRLEY.AGR] CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California '~ Count,/of '~ ~ '~ Dale . Name and Title of Officer (e.g., 'Jane ~Doe, Notary Public") I personally appeared ~rl16. L-. ~_~5~i2[i~' ~ ~[tLo~.l~o ~, ~ Name(s) of Signer(s) ~personally known to me [] proved to me bn the basis of satisfactory evidence to be the person(s) whose name(s),'i's~are subscribed to the within instrument and acknowledged to me that I're~e/they executed the same in hisR~r/their authorized capacity(les), and that by hieCher/their signature(s) on the instrument the person(s), or the entity upon behalf of Which the person(s) ~OTAR.Y~LI~_LIC~;AUFORN[A ~ acted, executed the instrument. ~ WITNESS y hand and official seal. Place Notary Seal Above Signa~ OPTIONAL Though the information below is not required by/aw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ~ [] Individual Top of thumb here [] Corporate Officer -- Title(s): [] Partner-- [] Limited [] General ~ Attorney in Fact [] Trustee E; Guardian or Conservator [] Other: Signer Is Representing: © 1997 National Notary Association · 9350 De Soto Ave., P.O. Box 2402 · Chatsworth. CA 91313-2402 Prod No. 5907 Reorder; Call Tol~-Free 1-800-87©6927 COUNCIL AGENDA STATEMENT Item Meeting Date 10/24/00 ITEM TITLE: Resolution Approving the Final "B' Maps for Otay Ranch Village One, Neighborhoods R-18 and R-48, Chula Vista Tract No. 96-04A. Accepting on behalf of the City of Chula Vista, Assignable and Irrevocable General Util!ty and Access Easements, granted on said Maps within said Subdivisions, approving the Subdivision Improvement Agreement and authorizing the Mayor to execute said agreement. Resolution Approving the "B" Map Supplemental Subdivision Improvement Agreement for Otay Ranch Village One, Neighborhoods R-18 and R-48, Chula Vista Tract No. 9~-04A, requiring Developer to comply with certain unfulfilled conditions of Resolution No. 19448 and authorizing the Mayor to Execute Said Agreement SUBMITTED BY: Director of Public Work~,~ REVIEWED BY: City Manager~/~.~, (4/5ths Vote: Yes No X) On May 4, 1999, by Resolution No. 19448, the City Council approved a Tentative Subdivision Map for Chula Vista Tract 9:6-04A, Otay Ranch, SPA One, Village One, Phase 7. On May 9, 2000 by Resolution 2000-208, the Council approved Village One "A" Map No. 2. The Council will consider the approval of the first Final "B" Map within Village One, Phase 7 tonight. RECOMMENDATION: That Council adopt the following: 1. Resolution approving the Final "B" Maps. 2. Resolution approving the "B" Map Supplemental Subdivision Improvement Agreement. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable DISCUSSION: The project is generally located south of East Palomar Street and east of Paseo Ranchero within the area of Otay Ranch Village One, Phase 7. The Neighborhood R-18 "B" map consist of 83 numbered lots (Single Family Detached units) and 10 lettered lots with a total area of 10.257 acres (see Attachment 1). The Neighborhood R-48 "B" map consist of 95 numbered lots (Single Family Detached units) and 14 lettered lots with a total area of 16.487 acres (see Attachment 2). The final maps have been reviewed by the Public Works Department and found to be in substantial conformance with the approved Tentative Map. Approval of the maps constitute acceptance by the City of all assignable and irrevocable general access and utility easements within the Subdivision. Page 2, Item __ Meeting Date 10/24/00 The developer has executed an "A" Map Supplemental Subdivision Improvement Agreement, which addresses several on-going conditions of the tentative map. The Developer has secured its share of the development portion of the Park Acquisition and Development (PAD) fees for SPA One neighborhood and community parks. The Developer has provided an Irrevocable Offer of Dedication of Fee Interest for its portion of the land acquisition obligation for community parks with the approval of the first final "B" Map in Village One (Neighborhood R-3, approved 10/6/98, Resolution No. 192.10). The Developer has bonded for and agrees to complete all on and off-site street improvements required for the approval of these "B" Maps within two years following map approval, or sooner if construction permits for the required improvements have been issued. FISCAL IMPACT: None to the City. Developer has paid all costs associated with the proposed "A" Map and agreement. Attachments: Attachment 1: Plat - Otay Ranch Village One, Neighborhood R-18, Chula Vista Tract 98-04A Attachment 2: Plat - Otay Ranch Village One, Neighborhood R-48, Chula Vista Tract 98-04A Attachment 3: Minutes of May 4, 1999, by (Resolution No. 19448) Attachment 4: Developer's Disclosure Statements DRS File No. 0600-80-OR-168F C:\My Documents\R-18 all3.DOC ATTACHMENT #1 R-~g R-16 R-4~ SCALE: 1"= 750' OTAY RANCH VILLAGE 1, PHASE 7 NEIGHBORHOOD R-18 ATTACHMENT #2 R-15 R-t9 R- ~ SCALE: 1"= 750' OTAY RANCH VILLAGE 1, PHASE 7 NEIGHBORHOOD R-48 Attachment 3 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA. CALIFORNIA MAY 4, 1999 4:00 P.M. CALL TO ORDER A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:13 p.m. in the Council Chambers located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. I. ROLL CALL: PRESENT: Councilmembers Davis, Moot, Padil[a, Salas, and Mayor Horton. ABSENT: None ALSO PRESENT: City Manager Rowlands, City Attorney Kaheny, City Clerk Bigelow 2. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE 3. APPROVAL OF M[NUTES of April 13, 1999, April 20, 1999, and April 27, 1999 (Regular Meetings of the City Council) and April 20, 1999 (Joint Meeting of the Redevelopment Agency and the City Council). ACTION: Councilmember Moot moved to approve the minutes as submitted. Mayor Pro Tern Salas seconded the motion, and it carried 5-0. 4. SPECIAL ORDERS OF THE DAY A. Employee Recognition Award of the Month - Cheryl Crutcher, Senior Payroll Technician, Finance Department. Finance Director Powell introduced Ms. Crutcher, and Mayor Horton presented a proclamation. B. Proclaiming the week of May I through May 8, 1999 as "Youth Week." Mayor Horton read the proclamation, and Mayor Pro Tern Salas presented it to Ken Locke, Exalted Ruler of Chula Vista Elks//2011, and Garry Hummel, Youth Activities Chairman. C. Proclaiming the month of May as "Older Americans Month" and the week of May 16 - 22, 1999 as "Senior Center Awareness Week." Mayor Horton read the proclamation, and Mayor Pro lem Salas presented it to Will Brown, representing the Chula Vista Senior Citizens Club. D. Joe Amaro, Director of the Miss Chula Vista Pageant. will introduce Miss Chula Vista, Anika Dominguez, First Princess Claudia Gongora, Second Princess Jennifer Rowell, and Miss Congeniality Lillianna Montijo. Mr. Amaro was not present, and the introductions will be scheduled for a future ineeting. SPECIAL ORDERS OF THE DAY (Continued) E. Update on Port Matters by Port Commissioner David Malcolm. Mr. Malcolm could not be present, and the update will be presented at a future meeting. CONSENT CALENDAR (Items 5 and 6) 5. WRITTEN COMMUNICATIONS Letter from the City Attorney stating that, to the best of his knowledge from observance of actions taken in Closed Session on April 27, 1999, there were no actions taken which are required under the Brown Act to be reported. Staff recommendation: The letter be received and filed. 6.A. RESOLUTION 19445, AUTHORIZING AND APPROVING THE BORROWING OF FUNDS FOR F1SCAL YEAR 1999/2000; THE ISSUANCE AND SALE OF A 1999/2000 TAX AND REVENUE ANTICIPATION NOTE THEREFOR, AND PARTICIPATION IN THE CALIFORNIA COMMIJN1TIES CASH FLOW Fi'NANCING PROGRAM B. RESOLUTION 19446, DIRECTING THE CITY MANAGER TO INCLUDE IN THE FISCAL YEAR [ 999/2000 PROPOS ED BUDGET APPROPRIATIONS OF $245,000 FOR TAX AND REVENUE ANTICIPATION NOTE PROJECTED INTEREST AND ISSUANCE COSTS AND ESTIMATED INTEREST REVENUES OF $245,000 FROM INVESTMENT OF THE NOTE PROCEEDS In order to address cash shortfalls that are projected to occur in the General Fund during Fiscal Year 1999/2000 due to the cyclical nature of some of our major revenue sources, it is recommended that the City again take advantage of the opportunity to borrow money on a short-term basis at the lowest cost by issuing a Tax and Revenue Anticipation Note through the pooled financing program sponsored by the League of California Cities. As has been done during the last three fiscal years, such a borrowing is recommended as an alternative to borrowing from other City funds. Staffrecommendation: Council adopt the resolution. (Director of Finance) ACTION: Mayor Horton moved to approve staff recommendations and offered the Consent Calendar, headings read, texts waived. The motion carried 5-0. ORAL COMMUNICATIONS Ms. Carolyn Butler, 97 Bishop Street, asked the Council to develop the City slowly and wisely to avoid losing its current beauty She also questioned the purchase of land on Otay Mesa. Ms. Joan Wisser, 834 Lori Lane, expressed concern about alleviating the "mini freeway" near Lori Lane because it has created a traffic hazard and about the availability of water sources with the increasing development occurring in eastern Chula Vista. Page 2 05/04/99 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORD.INANCES 7. PUBLIC HEARING ON CONSIDERING AMENDMENT TO THE MASTER FEE SCHEDULE TO ADJUST EXISTING ANIMAL CONTROL FEES AND ADD NEW FEES (CONTINUED FROM APRIL 20, 1999) Staff'recommendation: The public heating be continued to May 18, 1999. (Ch]efofPolice) 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 and asked if anyone from the audience wished to speak. There was no response. ACTION: Councilmember Padilla moved to continue the hearing to May 18, 1999. Councihnember Davis seconded the motion, and it carried 5-0. 8. PUBLIC HEARING TO CONSIDER ADDING SECTIONS 9.1 &021 THROUGH 9.16.026 TO THE MUNICIPAL CODE RELATED TO SALES OF PRODUCTS CONTAINING EPHEDRINE ORDINANCE 2779, ADDING SECTIONS 9.[6.021 THROUGH 9.16.026 TO THE MUNICIPAL CODE RELATING TO SALES OF PRODUCTS CONTAINING EPHEDRINE (FIRST READING) The San Diego region has identified a dangerous trend emerging in the production of methamphetamine. Ephedrine is used as a key precursor chemical in the production of methamphetamine. Manufacturers ofmethamphetamine frequently purchase over-the-counter medications containing ephedrine in large quantities. Due to the significant impact of methamphetamine use in southern California, the City of San Diego, along with other communities such as Chino and San Bernardino County, have adopted ordinances to curb the availability ofephedtine Adding an effective ordinance to the Municipal Code prevents the sale of excessive amounts of over-the-counter prodncts containing ephedrine. Staff recommendation: Council place the ordinance on first reading. (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. Mayor Horton opened the public hearing and asked what over4he-counter products contain ephedrine. Captain Miranda replied that ephedrine is contained in such items as cough and asthma medications. Councilmember Padilla commented that while he supported the ordinance in concept, he was concerned with the practical aspects of enforcement and also that an individual could go to multiple purchase points to obtain quantities of the medications. He felt that there should be a more comprehensive approach for database tracking of these purchases by law enforcement intelligence. Captain Miranda responded that bulk purchases of ephedtine are tracked, and law enforcement is addressing the ephedrine problem on multiple levels. He stated that this ordinance is designed to limit opportunities and make it inconvenient to purchase over-the-counter products which contain ephedrine. Page 3 05/04/99 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES (Continued) Councilmember Davis expressed concern that the ordinance would place an undue burden on businesses, which would be required to track purchases or risk being in violation of the ordinance. Captain Miranda replied a business would have to knowingly sell the larger quantifies of the products to be in violation. Mayor Horton stated that it would be difficult to keep records of purchases in the larger drug stores due to the volume of customers: She also commented that the business community needs to be educated about the ordinance, and the City needs to send notices to inform business owners. Councilmember Moot pointed out that a business would knowingly have to sell the products repeatedly to the same person to be in violation of the ordinance. He expressed support for the ordinance, which would provide a method to deny sales and a tool for enforcement by the Police Department. Mayor Pro Tem Salas expressed support for the ordinance, since it would make it difficult for a person to purchase mass quantities of ephedrine products. Mayor Horton asked if anyone from the audience wished to speak. There was no response, and she closed the hearing. ACTION: Councilmember Padilla offered Ordinance #2779, heading read, text waived. The motion carried 4-1, with Councilmember Davis opposing. 7. PUBLIC HEAK1NG TO CONSIDER THE MODIFICATION OF THE EXISTING TRANSPORTATION DEVELOPMENT IMPACT FEE Staffrecommendation: The public hearing be continued to May 11, 1999. (Director of Public Works) 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 and asked if anyone fi'om the audience wished to speak. There was no response. ACT1ON: Mayor Horton moved to continue this item to May I I, 1999, as recommended by stale Mayor Pro Tern Salas seconded the motion, and it carried 5-0. 8. PUBLIC HEARING TO CONSIDER A TENTATIVE SUBDIVISION MAP KNOWN AS EASTLAKE TRAILS, TRACT 99-03, INVOLVING 749 SINGLE FAMILY LOTS, FOUR RESIDENTIAL SUPER LOTS, THREE OPEN SPACE LOTS, TWO PUBL1C QUASI- PUBLIC AND THREE PARK LOTS ON 322.8 ACRES LOCATED ON THE EAST SIDE OF HUNTE PARKWAY BETWEEN OTAY LAKES ROAD AND OLYMPIC PARKWAY RESOLUTION 19447, APPROVING THE SECOND ADDENDUM TO FSEIR 97-04 (EASTLAKE TRAILS/GREENS REPLANNING PROGRAM), INDEMNIFICATION AGREEMENT, AND ESTABLISHING CONDITIONS OF THE TENTATIVE SUBDIVISION MAP FOR EASTLAKE TRAILS, TRACT 99-03 Page 4 05/04/99 PUBLIC HEARINGS AND RELATED RESOLUTIONS (Continued) The applicant, The EastLake Company, has submitted an application for a Tentative Subdivision Map known as EastLake Trails, Tract 99-03, in order to subdivide and develop 322.8 acres east of Hunte Parkway, between Otay Lakes Road and the future alignment of Olympic Parkway. The Tentative Subdivision Map consists of 749 single family lots. 4 super lots with capacity for 394 dwelling units, 3 open space lots. a 31-acre community park, open space area, 10-acre school site, 4.5-acre Community Purpose Facilities site and several specialty lots (i.e. slopes and landscape buffer areas). Staffrecommendation: Council adopt the resolution. (Director of Planning and Building) 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 asked if the Planning Commission had any problems with the tentative subdivision map. Planning Commission Chair Willet responded that the Commission unanimously approved the map. Mayor Horton expressed concern about the poor design of the high density, multi-family areas where it is difficult for cars to get in and out. She asked that staffbe cognizant to prevent this in the future. Planning Director Leiter stated that his department is reviewing and refining standards for small-lot products, Councilmember Moot stated that he was uncomfortable that 40% of the proposed lots were 4500 square feet or less, which would provide a crowded development not in keeping with the village concept design. Councilmember Padilla stated that the single-family detached product would provide entry level housing, and future planning efforts should reflect a diversity in Chula Vista's housing stock. Mayor Horton opened the public hearing and asked if anyone from the audience wished to speak. Bill Osterman, EastLake Development Company, stated that 600 lots are at least 5.000 square feet in the low and medium price range of homes John Willett, Planning Commission Chair, stated that the Planning Commission shared Councilmember Moor's concerns, investigated the issues, and found all conditions to be workable, He was satisfied that the requirements had been met. Carolyn Butler, 97 Bishop Avenue, expressed concerns about Phase I and the narrow lots and driveways. Joan Wisser, 834 Lori Lane, expressed concern about entry-level multiple dwelling units and the narrow roads. There being no additional speakers, Mayor Horton closed the public hearing Councilmember Davis spoke in support of the project, which she felt would encourage homeownership. Page 5 05/04/99 PUBLIC HEARINGS AND RELATED .RESOLUTIONS (Continued) Mayer Pro Tem Salas suggested that there should be a study on the effects of high density living, and she expressed concern that those areas could turn into rental areas. Councilmember Moot questioned the cumulative effect of so many small lot products in one subdivision but expressed faith that Planning Department staffwould review and resolve any issues. Mayor Horton stated that the impacts and effects need to be closely monitored in future p{anning. She also indicated that when EastLake presents its Iow density proposal on the land adjacent to this project, it should offer a balance to the high density housing. Planning Director Leiter stated that the design solutions for small lot developments will be reviewed by the Planning Department, and a report will be brought back to Council for further comment and direction. ACT[ON: Mayor Horton offered Resolution #19447, heading read, text waived. The motion carried 5-0. 9. PUBLIC HEARING PCS-96-04A TO CONSIDER A TENTATIVE SUBDIVISION MAP REVISION SUBDIVIDING PHASE SEVEN (PURPLE PHASE) IN VILLAGE ONE OF OTAY RANCH, SECTIONAL PLANNING AREA (SPA ONE) INTO 447 LOTS - APPLICANT: THE OTAY RANCH COMPANY RESOLUTION 19448, APPROVING A TENTATIVE SUBDIVISION MAP REVISION FOR PHASE SEVEN (PURPLE PHASE) IN VILLAGE ONE OF THE OTAY RANCH SPECIFIC PLANNING AREA ONE PLAN, TRACT 96-04A The Planning Commission held a public hearing on April 14, 1999 and voted 7-0 to adopt a resolution recommending that Council approve the Phase Seven Tentative Subdivision Map, and adopt a resolution recommending that Council approve an amendment to the Otay Ranch Phase Two Resource Management Plan. Staffrecommendation: Council adopt the resolution. (Director of Planning and Building) 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 and asked if anyone from the audience wished to speak. Kent Arden, Otay Ranch Company, spoke in support of staff recommendations. Carolyn Butler, 97 Bishop Street, expressed concern about armed guards. There being no further comments, Mayor Horton closed the hearing. ACTION: Mayor Horton offered Resolution #19448, heading read, text waived. The motion carried 5-0. Page 6 05/04/99 ACTION ITEMS 12.A. RESOLUTION 19449, APPROVING THE CONSOLIDATED ANNUAL PLAN FOR FISCAL YEAR 1999/2000 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP (HOME) PROGRAM BUDGETS AND AUTHORIZING TRANSMITTAL OF THE CONSOLIDATED ANNUAL PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) B. RESOLUTION 19450, AUTHORIZING REALLOCATION OF $269,876 FROM PRIOR YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO INCORPORATE IN THE FISCAL YEAR 1999/2000 ENTITLEMENT RECEIVED FROM HUD (4/STH'S VOTE REQUIRED) Council held a public hearing on April 13, 1999 to review and receive public comment on projects and programs being considered for CDBG and HOME funding. The City is eligible to receive $2,020,000 in CDBG entitlement funds from HUD for 1999/2000. In addition to the HUD entitlement, staffhas identified $269,876 in prior year CDBG funds that are eligible to receive 5;843,000 in HOME funds from HUD. Combining both CDBG and HOME entitlements, the City will be able to invest into the community a grand total of$3,132,876 for 1999/2000. Staffrecommendation: Council adopt the resolution. (Director of Communib' Development) ACTION: Mayor Horton offered Resolutions ~ 19449 and # 19450, headings read, texts waived. The motion carried 5-0 OTHER BUSINESS 13. CITY MANAGER'S REPORTS There were none. 14. MAYOR'S REPORTS A Mayor Horton moved to ratify the appointment of John McCann to the Housing Advisory Commission. Councilmember Davis seconded the motion, and it carried %0. B. Mayor Horton thanked Community Development Director Salomone and his stafffor an efficient CDBG process. 15. COIJNCIL COMMENTS Mayor Pro Tern Salas and Councilmember Davis commented on the success of the Cinco de Mayo celebration held in downtown Chula Vista on May 2ha, and Councilrnember Padilla congratulated the Downtown Business Association on its successful event Page 7 05/04/99 ¥-// CLOSED SESSIONS -~ ._ _ . 1. CONFERENCE WITH. LEG'AL COUNSEL PURSUANT TO GOVERNNMENT CODE SECTION 54956.9(c)%" "I:NI:I'iATION OF LITIGATION One potential cas61-~ This item was not discussed. 2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE ...S~.._C.T1oN: 54956.8 Property: Apl~roximately 7 acres located on Bonita Road adjacent to the Ch~.la V sta Mun clpal Golf Course Negotiating Part~:~:i ~C~.. of Ch~ia: Vista (Chris Salomone) and Diamond ~ -Development Company Under Negotiati0'n:. Purchase price/lease rate and other terms and conditions for possible disposition of City-owned property. ACTION: Instructions were giy? to the negotiator. ADJOURNMENT - ' - At 7:40 p.m., Mayor Horton adjourned the meeting to the Regular Meeting of May I 1, 1999, at 6:00 p.m. in the Council Chambers~ ' · Respectfully submitted, Susan Bigelow, CMC/AAE, City Clerk Page 8 '~:"::" 05/04/99 .:,, TI!IE CITY OF (iFIL'LA '%"liT.-% DISCLOSURE STA~WCF_.N-f · Pu:-sua~4.t to Council Policy 101--0l, prior ~o ~ action upon mat~cr~ v, hich will r~quire dir. r."efionary action by the Council, Pla."min~ Coau. rdsslon ~ ~dl other official btu!les of m,,.~t ix: disr. lostd: ' I. ;L~st ~c rmmes ~f ~ ~¢r~n~ having a ~ma~ia~ inte~s£ in ~h= ProP~r~y ~iar. is th~ ~ub~t ~ t.he ~p~ida:i=n ~r ~h~ 0,r. av ?~o'; ec~c 2. If any person~ id-.~ifi~ pur~m, nc ,.o (I) above is a c~rporation or pa~, Ii~ ~e ~ of all h~vidu~ 3. If any person= identified pursuit I= (I) above is a n=n-pro~r ore'~,~;~'~tion or rru.~, list r~h= r.~rt=~ =f any p=rzon s=,wing as director of thc non-profit organization or ~ waste= or bcaeficiary or rru-~or of ',he wast. ~sizn:d to ~v~s~ you before .%! Baldwin ~o ~unter Klm Kitkenny Chuck Cater If 't'=s. briefly d=xcribc thc n~turc of thc fm~ucial intcr~t the of'ficiaJ';~ may have in ~hL~ Have you mada a comrlbu6on of more than $250 withhl ~c p~t ~elve (12) mon~ ~ a cu~cnt member of ~e. Ch~ V~m ~i~ Co~cil? No __ Yu ~ If yes. w~ch Co~cfi m~r? Council Member Mary Sala~ an~ Council Member Stmve Paflilla of Dk~ccoa ~e ~budom ~o~ ~ ~ $1,~ over ~e p~I ~ur (~) y~ ~o a c~c~ member of ~= Chula Vista C}~ Co~cB? Y~.__ No~ If Yes, w~ Co~ ~m~r? .. Have you provid~ more ~ ~ (or ~ i~m of ~e~ vflue] to ~ u~fl'* uf ~e Ciw of Chula V~a in ~= p~ ~dv= (12) ~? ~ Mdud~ b~g a s~ of M~ mu~ m ~ a l=gal d~ gi~ loa~ urn.) If Y~, which o~=~~ ~d ~t ~aa ~c ~mrc of i~m 9rovid=R? 5ignature of Contrtmtor/Applic~.nt Print or L'Ype nama of',Contrat:mr/A.pplic, r~__ . . ~' u~ur g~ or ~mb~ou ac~g ~ a ~t. =r c=~miu== of ~: Ci~, ~mpl~e=, or ~ HAHO/-~-~.NGD,'EER'O,D.~CONTI~C]X.WF~2~.23 (Boiler/er, mi 10/09/00 MON 10:46 FAX 619 $91 5171 C~ VISTA ENGINEI~ING ~00Z CITY O~ C~A ~STA'DISCLOS~ STATE~ con.susans on ~t m~ whi~ w[~ ~u~e dls~o~ =lea on ali o~er o~c;sZ bo~i~. ~= ~Ho~ ~o= must be List the n~ of ~ p~ havi~ a ~c~ ~s~ .~ndard Faci[~c COrP. 2, if any p~rson* identlflqd ptlrsu~n~ to (I) above is l:~rpomtion or ~ip, [Mt~ ~ of aU ~divlduals own~s Nome ,~ , . . 3. tf~yp~son' ~d~zificdpu~u~[lo (I) abe cfi a~o~-pmfit o~tlOn or a l~lt ~/A 4. Have you had more then ~250 worth of business iraneacmd with aay member of thc City staff~ Boards, Commissions. Commlr~oos. and Co.cji wl~ ~e put ~elve mo~s? ~es No~ If yes ple~e indite JoAmn Wa~nab~ : ':'~::'' ": ~b 0~1,~ Cristin Beall Greg S~rber: Lundstrom & Asmociates MicheD le Moran ~ :- 6. Have you anWor yo~ otSccm or ~cna, In ~he ~g~gate, con~bumd mo~ ~ $1.000 to a Council membar in the c~nt or prcccdin~ clcctlofl period? Y~ No~ If yes, st~ whl~ Councllm~m~s): * * * (NOTE: &ttacb Additional Pago~ itt Necessary) ~r. · : ~:'; '.':: ypodN~e of Con~/Appllca~t ' pef~'gn ~ d~d ~: '~ [~ivi~aI, ~rm, co-partn~hip, joint ~n~ ~s~iation, ~ocial chub, ~a~nal ~nltotlon, corp~atlon~' ~mte. ~ ~, syndicate, th~ ~nd a~ otker count, ~t~, ar countO, munictpali~, dl$~r[c~ or'oth~ golltiaal subd/vltlo~ or a~ othzr ~oup or combi~llon actl~ ~ a unO," . RESOLUTION NO. RESOLUTION APPROVING FINAL MAPS OF CHULA VISTA TRACT NO.96-04A, OTAY RANCH, VILLAGE ONE, PHASE SEVEN, NEIGHBORHOODS R-18, & R-48.' ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA GENERAL UTILITY AND ACCESS EASEMENTS GRANTED ON SAID MAPS WITHIN SAID SUBDIVISIONS, APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENTS FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISIONS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chuta Vista hereby finds that certain map survey entitled Chula Vista Tract 96-04A OTAY RANCH, SPA ONE, VILLAGE ONE, PHASE SEVEN, NEIGHBORHOOD R-18, and more particularly described as follows: Lot 1 according to map thereof No. 13990, Chula Vista Tract No. 96-04A Otay Ranch, Village One in the City of Chula Vista, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County on June 27, 2000. Area: 10.257 Acres No. of Lots: 83 Numbered Lots: 73 Lettered Lots: 10 Open Space Lots: 0.110 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 City of Chula Vista sixty-two (62)/hot wide general utility and access easements within over and around Lots "G, I, H, and J" for installation of public utilities, noting that use of said general utility and general access easements by others is subject to written permission and issuance of an Encroachment Permit from the City of Chula Vista, all as shown on this map within this subdivision, subject to the conditions set forth thereon. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be and she is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that those certain easements with the right of ingress and egress for general utility, and general access, as granted thereon and shown on said map within said subdivision, are accepted on behalf of the City of Chula Vista as herein above stated. BE IT FURTHER RESOLVED that City Clerk be and she is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement dated the for the completion of improvements in said subdivision, copy of which is on file in the office of the City Clerk, is hereby approved. 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 96-04A OTAY RANCH, SPA ONE, VILLAGE ONE, PHASE SEVEN, NEIGHBORHOOD R-48, and more particularly described as follows: Lot 2 according to map thereof No. 13990, Chula Vista Tract No. 96-04A Otay Ranch, Village One in the' City of Chula Vista, County of San Diego, State of Califomia, filed in the office of the County Recorder of San Diego County on June 27, 2000. Area: 16.487 Acres No. of Lots: 109 Numbered Lots: 95 Lettered Lots: 14 Open Space Lots: 0.194 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 City of Chula Vista sixty-two (62) foot wide general utility and access easements within over and around Lots "K, J, L, M, & N," for installation of public utilities, noting that use of said general utility and general access easements by others is subject to written permission and issuance of an Encroachment Permit from the City of Chula Vista, all as shown on this map within this subdivision, subject to the conditions set forth thereon. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be and she is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that those certain easements with the right of ingress and egress for general utility, and general access, as granted thereon and shown on said map within said subdivision, are accepted on behalf of the City of Chuta Vista as herein above stated. BE IT FURTHER RESOLVED that City Clerk be and she is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement dated the for the completion of improvements in said subdivision, copy of which is on file in the office of the City Clerk, is hereby approved. Presented by Approved as to form by John P. Lippitt Joh~M. Kaheny Director of Public Works City Attorney H:\home\attomey\Res\R18&R48 Recording Requested by: CITY CLERK When Recorded, Mail to: CITY OF CHULA VISTA 276 Fourth Avenue Chula vista, Ca. 91910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Declarant SUBDIVISION IMPROVEMENT AGREEMENT 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 STANDARD PACIFIC CORP., a Delaware Corporation, 5750 Fleet Street, #200, Carlsbad, CA 92009, hereinafter called "Subdivider" with reference to the facts set forth below, which Recitals constitute a part of this Agreement; RECITALS: WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as Otay Ranch, Village 1 Neighborhood R-18, Chula Vista Tract 96-04A, 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, t~ 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. 19448, approved on the 4th day of May, 1999 ("Tentative Map Resolution"); and WHEREAS, complete plans and specifications for the construction, installation and completion of said public improve- ment work have been prepared and submitted to the City Engineer, as shown on Drawing No. 00-061 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 Hundred Eighty-Eight Thousand Nine Hundred Forty Dollars and No Cents ($488,940.00) . NOW, THEREFORE, IT IS MUTUALLY ~ERSTOOD ~ 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 hereinabo~e, 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 approves by the city; provided, however, that the improvement security sh~ll 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 Two Hundred Forty-Four Thousand Four Hundred Seventy Dollars and No Cents ($244,470.00) 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 Two Hundred Forty-Four Thousand Four Hundred Seventy Dollars and No Cents ($244,470.00) to secure the payment of material and labor in connection with the installation of said public improvements, which security is attached hereto, marked Exhibit "B" and made a part hereof and the bond amounts as contained in Exhibit "B"~ and made a part hereof. 8. Subdivider further agrees to furnish and deliver to the city of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the city in the sum of Eight Thousand Five Hundred Fifty-Three Dollars and No Cents ($S,553.00) 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 conDtruction (including a reasonable allocation of overhead), and Any proceeds from the improvement security. 10. It is also expressly agreed and understood by the parties hereto that in no case will the city of Chula Vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor, except to the limits established by the approved improvement security in accordance with the requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista Municipal Code. 11. It is further understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the Improvement Work plans and installation of Improvement Work hereinabove provided for, and the cost of street signs and street trees as required by City and approved by the City Engineer shall be paid by Subdivider, and that Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money sufficient to cover said cost. 12. It is understood and agreed that until such time as all Improvement Work is fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alleys, easements, water and sewer lines within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by City, Subdivider shall grant to City, by appropriate conveyance, the public improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. 13. It is understood and agreed that city, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement. Subdivider further agrees to protect and hold the City, its officers and employees, harmless fr6m 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 ddwnstream 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 assumpt.ion 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 re_ch/est 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. (NEXT PAGE IS SIGNATURE PAGE) 5 SUBDIVISION IMPROVEMENT AGREEMENT OTAY RANCH, VILLAGE 1 NEIGHBORHOOD R-18 CHULA VISTA TRACT 96-04A IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA STANDARD PACIFIC CORP., a Delaware Corporation Mayor of the City of Chula Bria3~mJ~sler, Vice President Land Acquisition VistaATTEST N~nette Klecher, Vice President Controller City Clerk Approved as to form by / (Attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORIA ] COUNTY OF SAN DIEGO ] On October 17, 2000, before me, Elizabeth Mosle¥ , Notary Public, personally appeared Brian Utsler personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the insmmaent. WITNESS my hand and official seal. · - ~' ~_~X*'5 COMM.#1171119 o ~ ~-~' _~.,.h~ NOTARY PUItLIC.-CALIFORN A ~ , "~-~-~ MJ~ CommlMIon Expires ~' -mOmEr. MOS[E¥, Public CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORIA ] COUNTY OF SAN DIEGO ] On October 17, 2000, before me, Elizabeth Moslev . Notary Public, personally appeared Nannette Klecher personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. ~ ELiZ~E~H'~.Ey-'~'~ ,_£~r ~,.~'~.~ COMM.#1171119 .o_ ,~-~ _::~.~.~ NOTARY PUBLIC-CALIFORNIA c~ ~ ~.~,~'~'~VJ My Commi~ion Expime ~ JANUARY35,2002 I ..... ~"~~. THIS AREA FOE OFFICIAL NOTAPJAL SEAL "~LIZ~ETH MOSLF~¥, Nota~ Public LIST OF EXHIBITS Exhibit "A" Improvement Security - Faithful Performance Form: Bonds Amount: $244,470 Exhibit "B" Improvement Security.- Material and Labor Form: Bonds Amount: $244,470 Exhibit "C" Improvement Security - Monuments Form: Bonds Amount: $8,553 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 Recording Requested by: CITY CLERK When Recorded, Mail to: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, Ca. 91910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Declarant SUBDIVISION IMPROVEMENT AGREEMENT 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 STANDARD PACIFIC CORP., 5750 Fleet Street, #200, Carlsbad, CA 92009, hereinafter called "Subdivider" with reference to the facts set forth below, which Recitals constitute a part of this Agreement; RECITALS:, WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as OTAY P~kNCH, VILLAGE 1, PHASE SEVEN, NEIGHBORHOOD R-48 (CVT 96-04A), pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula Vista Municipal Code relating to the filing, approval and recordation of subdivision map; and WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula Vista, Subdivider must have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an alternative thereto, Subdivider shall enter into an agreement with City, secured by an approved improvement security to insure the performance of said work pursuant to the requirements of Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said Council; and WHEREAS, Subdivider is willing in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will install and complete, at Subdivider's own expense, all the public improvement work required by City in connect$0n 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. 19448, approved on the 4th day of May, 1999 ("Tentative Map Resolution"); and WHEREAS, complete plans and specifications for the construction, installation and completion of said public improve- ment work have been prepared and submitted to the City En§ineer, as shown on Drawings Nos.00104-01 through 00104-08 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 Eight Hundred Eighty Thousand Six Hundred Twenty Dollars and No Cents ($880,620.00) . NOW, THEREFORE, IT IS MUTU_~_LLY 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 qbe 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 Subdividel 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 Four Hundred Forty Thousand Three Hundred Ten Dollars and No Cents ($440,310.00) 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 tke 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 Four Hundred Forty Thousand Three Hundred Ten Dollars and No Cents ($440,310.00) to secure the payment of material and labor in connection with the installation of said public improvements, which security is attached hereto, marked Exhibit "B" and made a part hereof and the bond amounts as contained in Exhibit "B", and made a part hereof. 8. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of Eleven Thousand Seven Hundred Twenty Dollars and No Cents ($11,720.00) to secure the installation of monuments, which security is attached hereto, marked Exhibit "C" and made a part hereof. 9. It is further agreed that if the Improvement Work is not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the Improvement Work within said subdivision in accordance with such specifications herein contained or refer~ed, 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 ko 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 (i~cluding plan checking, inspection, materials furnished and other incidental expenses) incurred by city in connection with ~he 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 ¥,q ./5 .. 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 aecurity 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 ~ublic 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, er 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 SUBDIVISION IMPROICEMENT AGREEMENT OTAY RANCH, VILLAGE 1, PHASE SEVEN, NEIGHBORHOOD R-48 (CVT 96-04A) IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA ST/LNDARD PACIFIC CORP., a Delaware Corporation ATTEST ~nD~te~leche~, Vice President Controller City Clerk Approved as to form by Attach Notary Acknowledgment) 6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORIA ] COUNTY OF SAN DIEGO ] On October 17, 2000, before me, Elizabeth Mosley , Notary Public, personally appeared Brian Utsler personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Y_ [.,;~ MM #1 .u ~.~.~.,_~/ ~ ~Ocou~-- J ',~ ~)',~.O,l~q1111~/O~l Expires _ THIS AREA FOR OFFICIAL NOTARIAL SEAL KF~IZ-~TH MOSLEY[ Notary 0blic CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORIA COUNTY OF SAN DIEGO On October 17, 2000, before me, Elizabeth Mosle¥ , Notary Public, personally appeared Nannette Klecher personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. COMM, #1171119 0 .Sawn 0~0 couN'rv 0 THIS AREA FOR OFFICIAL NOTARIAL SEAL LIST OF EXHIBITS Exhibit "A" Improvement Security -'Faithful Performance Form: Bonds Amount: $440,310.00 Exhibit "B" Improvement Security.- Material and Labor: Form: Bonds Amount: $440,310.00 Exhibit "C" Improvement Security - Monuments: Form: Bonds Amount: $11,720.00 Securities approved as to form and amount by city Attorney Improvement Completion Date Two (2) years from date of city Council approval of the Subdivision Improvement Agreement. 7 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE "B" MAP SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR OTAY RANCH VILLAGE ONE, NEIGHBORHOODS R-18 AND R- 48, CHULA VISTA TRACT NO. 96-04A, REQUIRING DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTION NO. 19448 AND 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. 19448. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the ~B" Map Supplemental Subdivision Improvement Agreement for Chula Vista Tract No. 96-04A, Otay Ranch Village One, Neighborhoods R-18 and R-48, 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 P. Lippitt ~J?h~ M.-- Kaheny ~ John Director of Public Works Cfty Attorney [H:/HOME%ATTORN EY/RESO\ssJa OR R-18 and R-48 (October 17. 2000 (2:43pm)] RECORDING REQUEST BY: City Clerk WHEN RECORDED MAIL TO: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Developer Above Space for Recorder's Use SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR THE F1NAL "B" MAPS OF OTAY RANCH VILLAGE ONE, NEIGHBORHOODS R-18 AND R-48, CHULA VISTA TRACT NO. 96-04A (Conditions 1, 3, 4, 5, 8, 9, 10, 11, 22, 23, 24, 33, 34, 40, 56, 84, 90, 91,104, 105, 106, 108, 109, 114, 122, 123, !94, 125, 126, 127, 130, 131,132, I33,134, 136, 144, and 145 of Resolution 19448) This Supplemental Subdivision Improvement Agreement ("Agreement") is made this day of October, 2000, by and between THE CITY OF CHULA VISTA, California ("City" or "Grantee" for recording purposes only) and the signators of this Agreement, OTAY PROJECT L.P., a California Limited Partnership, and STANDARD PACIFIC CORP., a Delaware Corporation ("Developer" or "Grantor"), with reference to the facts set forth below, which recitals constitute a part of this Agreement: RECITALS A. This Agreement concerns and affects certain real property located in Chula Vista, California, more particularly described on Exhibit "A" attached hereto and incorporated herein ("Property"). The Property is within approved Tentative Subdivision Map Chula Vista Tract 96- 04A (Resolution No. 19448 on May 4, 1999 the "Resolution"), which project is commonly known as Village 1, Phase 7 of the Otay Ranch Project, Sectional Planning Area One (SPA One), and a portion of Chula Vista Tract 96-04. For purposes of this Agreement the term "Project" shall also mean "Property". B. "Owner" or "Developer" means the person, persons or entity having a legal or an equitable interest in the property or parts thereof and includes Owner's, successors-in-interest and assigns of any property within the boundaries of the "B" Map. C. Otay Ranch L.P. conveyed title of the Project area to South Bay Project, LLC, a Delaware limited liability company on August 26, 1997, which in turn conveyed the Property to Otay Project LLC, ("Otay Project"), a venture jointly owned-by South Bay Project, LLC, a Delaware limited liability company and Otay Ranch Development, LLC, a Delaware limited liability company, which in mm conveyed the Property to Standard Pacific CORP., A Delaware Corporation. D. Developer and/or Developer's predecessor in interest has applied for and the City has approved Tentative Subdivision Map commonly referred to as Chula Vista Tract 96-04A ("Tentative Subdivision Map") for the subdivision of the Property. E. The City has adopted Resolution No. 19448("Resolution") pursuant to which it has approved the Tentative Subdivision Map subject to certain conditions as more particularly described in the Resolution. The conditions are attached hereto as Exhibit "C". F. City is willing, on the premises, security, terms and conditions herein contained to approve the final map for which Developer has applied as being in substantial conformance with the Tentative Subdivision Map described in this Agreement. Developer understands that subsequent final maps may be subject to the same security terms and conditions contained herein. G. The following defined terms shall have the meaning set forth herein, unless otherwise specifically indicated: a. For purposes of this Agreement, "Final Map" means the final map for Otay Ranch Village One Neighborhood R-18 and R-48. b. "Commencing Construction" means when a construction permit or other such approval has been obtained from the City or a construction contract has been awarded for the improvement, whichever occurs first. c. "Complete Construction" means when construction on said improvement has been completed and the City accepts the improvement. d. "Owner or Developer" means the person, persons or entity having a legal or an equitable interest in the property or parts thereof and includes Owner's successors-in-interest and assignors of any property within the boundaries of the map. This includes Otay Project, L.P. and any and all owners of real property within the boundaries of the Property, and all signatories to this Agreement including: i) Otay Project, L.P. ii)Standard Pacific Corp., A Delaware Corporation e. "Guest Builder" means those entities obtaining any interest in the Property or a portion of the Property, after the Final Map has been recorded. f. "PFFP" means the SPA One Public Facilities Financing Plan adopted by Resolution No. 18286, as amended by Resolution No. 19408 and as may be further amended fi:om time to time. g. "RMP 2" means the Otay Ranch Resource Management Plan, Phase 2, approved by the City Council on June 4, 1996, as amended on July 20, 1999 by Resolution No. 19538 and as may be further amended fi:om time to time. h. "'A' Map Agreement" means the Supplemental Subdivision Improvement for the Village 1, Phase 7 of the Otay Ranch Project, Map Number 13990, adopted by Resolution No. 2000-208. h. "Preserve/Owner Manager" is the entity or entities defined by the RMP 2 with the duties and responsibilities described therein. i. "Parks Master Plan" means the City-wide Parks Master Plan, subject to future City Council approval. j. "Otay Ranch Parks Agreement" means the agreement pertaining to the construction of parks in Otay Ranch SPA One, McMillin Lomas Verdes and Otay Ranch adopted by Resolution No. 19636 as may be amended fi:om time to time. k. "Improvement Plans" means all the onsite and offsite improvements required to serve the lots created by the Final Map, in accordance with improvement plans to be approved by the City. Said improvements shall include, but not limited to, asphalt concrete pavement, base, concrete curb, gutter and sidewalk, sewer, reclaimed and potable water utilities, drainage facilities, street lights, signage, landscaping, irrigation, fencing and fire hydrants. 1. "SPA One Plan" means the Otay Ranch Sectional Planning Area Plan as adopted by the City Council on June 4, 1996 pursuant to Resolution No. 18286 and amended on February 16, 1999 by Resolution No. 19376. m. "Community Association" means the Otay Ranch Village One Community Association as defined in the Declaration of Covenants, Conditions and Restrictions of Otay Ranch Village One (C,C&R's) recorded on January 2, 1998 as Document No. 1998-0000749 and all Supplementary Declarations thereto. n. "Community Common Area" means real property, and improvements situated thereon, owned in fee or leased by the community Association for the common use and enjoyment of the Owners as further defined in said C,C&R's. o. "Olympic Parkway Agreement" means the Agreement for the Financing and Construction of Olympic Parkway and Related Roadway Improvements approved by the City Council on April 20, 1999 by Resolution No. 19410. NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein contained, the parties agree as set forth below. 1. Performance Obligation. Otay Project, L.P., co-signator to this Agreement, represents to the City that it is acting as the Master Developer for this Project and expressly assumes performance of the obligations set forth in paragraphs 8, 11 a, b and d, of this Agreement. Notwithstanding the foregoing, all parties to this Agreement acknowledge and agree that all such obligations remain a covenant nmning with the land as set forth more particularly in paragraph 2 below. 2. Agreement Applicable to Subsequent Owners. a. Agreement Binding Upon Successors. This Agreement shall be binding upon and inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property as described on Exhibit "A" until released by the mutual consent of the parties. b. Agreement Runs with the Laud. The burden of the covenants contained in this Agreement ("Burden") is for the benefit of the Property and the City, its successors and assigns and any successor in interest thereto. City is deemed the beneficiary of such covenants for and in its own right and for the purposes of protecting the interest of the community and other parties public or private, in whose favor and for whose benefit of such covenants running with the land have been provided without regard to whether City has been, remained or are owners of any particular land or interest therein. If such covenants are breached, the City shall have the right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach to which it or any other beneficiaries of this agreement and the covenants may be entitled. c. Developer Release on Guest Builder Assignments. If Developer assigns any portion of the Project to a Guest Builder, Developer may request to be released from Developer's obligations under this Agreement, that are expressly assumed by the Guest Builder, provided Developer obtains the prior written consent of the City to such release. Such assignment to the Guest Builder shall, however, be subject to this Agreement and the Burden of this Agreement shall remain a covenant running with the land. The City shall not withhold its consent to any such request for a release so long as the assignee acknowledges that the Burden of the Agreement runs with the land, assumes the obligations of the Developer under this Agreement, and demonstrates, to the satisfaction of the City, its ability to perform its obligations under this Agreement as it relates to the portion of the Project which is being acquired by the Assignee. d. Partial Release of Developer's Assignees. If Developer assigns any portion of the Project subject to the Burden of this Agreement, upon request by the Developer or its assignee, the City shall release the assignee of the Burden of this Agreement as to such assigned portion if such portion has complied with the requirements of this 'Agreement to the satisfaction of the City and such partial release will not, in the opinion of the City, jeopardize the likelihood that the remainder of the Burden will not be completed. e. Release of Individual Lots. Upon the occurrence of any of the following events, Developer shall, upon receipt of the prior written consent of the City Manager (or Manager's designee), have the right to release any lot(s) from Developer's obligation under this Agreement: i. The execution of a purchase agreement for the sale of a residential lot to a buyer of an individual housing unit; ii. The conveyance of a lot to a Homeowner's Association; The City shall not withhold its consent to such release so long as the City finds in good faith that such release will not jeopardize the City's assurance that the obligations set forth in this Agreement will be performed. At the request of the Developer, the City Manager (or Manager's designee) shall execute an instrmnent drafted by Developer in a recordable form acceptable to the City Manager (or Manager's designee), which confirms the release of such lot or parcel from the encumbrance of this Agreement. Notwithstanding the foregoing, at the close of an individual homeowner's escrow on any lot or parcel encumbered by this Agreement, such lot or parcel shall be automatically released from the encumbrance hereof. 3. Condition No. 1 - (General Preliminary). In partial satisfaction of Condition 1 of Resolution 19448, Developer hereby agrees, to comply with the requirements and guidelines of the Otay Ranch General Development Plan (GDP),the SPA One Parks, Recreation, Open Space and Trails Plan, the Public Facilities Financing Plan ("PFFP"), Ranch-Wide Affordable Housing Plan, SPA One Affordable Housing Plan, and the SPA One Non-Renewable Energy Conservation Plan, as may be amended from time to time, and shall remain in compliance with and implement the terms, conditions and provisions of said documents. 4. Condition No. 3 - (General Preliminary). In partial satisfaction of Condition No. 3 of the Resolution, Developer hereby agrees that if any of the terms, covenants or conditions contained within the Resolution shall fail to occur or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to deny the issuance of building permits for the Project, deny, or further condition the subsequent approvals that are derived from the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The applicant shall be notified ten (10) days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City within a reasonable period of time. 5. Condition No. 4 - (General Preliminary). In partial satisfaction of Condition No. 4 of the Resolution, Developer hereby agrees to indemnify, protect, defend and hold the City harmless from and against any and all claims, liabilities and costs, including attorney's fees, arising from challenges to the Environmental Impact Report for the Project and/or any or all entitlements and approvals issued by the City in connection with the Project. 6. Condition No. 5 - (General Preliminary). In partial satisfhction of Condition 5 of the Resolution, Developer hereby agrees, that Developer shall comply with the all applicable SPA One conditions of approval. 7. Condition Nos. 8, 10 and 11- (Conveyance Obligation). In partial satisfaction of Condition Nos. 8, 10 and 11, the Developer agrees as follows: a. The Developer provided the City with Irrevocable Grants of Fee Title, of approximately 712.8 acres of real property in accordance with the RMP 2, a portion of which (12.185 acres) is intended to satisfy the particular acreage conveyance obligation of the R-t8 Final Map (19.587 acres for R-48) at a rate of 1.188 acres of conveyance per acre of area within the Final Maps, as of the date of this Agreement. But such obligation may be subject to change in accordance with paragraph c below. Any remaining amount shall be credited towards any future map obligations. b. That such dedicated property shall be granted in fee title to the City and County of San Diego as joint tenants and subject to the approval of the Preserve Owner/Manager. Should the Preserve Owner/Manager not approve this conveyance, Developer agrees to convey equivalent real property that complies with this provision. c. That Developer shall convey additional real property if necessary in order to comply with the conveyance formula described in RMP 2, as may be amended by City. Developer acknowledges that the amended RMP 2 may contain a conveyance formula greater than 1.188 acres per developable acre. d. That all land to be conveyed as described above shall be free and clear of liens and encumbrances except for easements for existing public infrastructure and other easements approved by the City or for planned public infrastructure as permitted in the RMP, Phase 2. Developer further agrees to pay all taxes and assessments as they came due as to the land to be conveyed until title has legally transferred to the City and County of San Diego. e. Developer acknowledges that property within the boundaries of the "A" Map which will be the subject of future final maps may have conveyance obligations to fulfill for all development areas, including applicable streets, open space lots, paseos, pedestrian parks and slope areas shown on the "A" Map. 8. Condition No. 9 - (CEQA). In partial satisfaction of Condition No. 9 of the resolution, Prior to approval of each fmal "B" Map, the applicant shall implement all applicable mitigation measures identified in EIR 95-01, subsequent EIR 97-03, the CEQA Findings of Fact for this Project (on file in the City Clerk's Office as Document No. CO96-056 and Resolution No. 18286) and the Mitigation Monitoring and Reporting Program (on file in the City Clerk's Office as Document No. CO96-057 and Resolution Nos. 18284 and 18285). 9. Condition No. 22, 23 and 24 - (streets, right-of-way and public improvements). In partial satisfaction of Condition Nos. 22, 23 and 24 of the Resolution Developer hereby agrees as follows: a Improvement Work. Developer agrees to construct the street improvements and land development work in and adjoining said subdivision and as shown on the Drawings set forth on Exhibits "B" ("Street and Public Improvements"), at its own expense, without any cost to the City, in a good and workmanlike manner, under the d~rection and to the satisfaction and approval of the City Engineer. Developer further agrees to furnish the necessai~ materials therefore; all in strict conformity and in accordance with the plans and specifications, which documents have heretofore been filed in the Office of the City Engineer and by this reference are incorporated herein and made a part hereof. Developer shall complete construction of the Street Improvements on or before the earlier of the second anniversary date of Council approval of this Agreement or, if prior to Council approval of tkis agreement, a construction permit was issued for any portion of said Street Improvement, then construction on that portion for which a permit was issued shall be completed on or before the second anniversary date of issuance of said permit. It is expressly understood and agreed to by Developer that, in the performance of construction of said Street Improvements, Developer shall conform to and abide by all of the provisions of the ordinances of the City of Chula Vista, and the laws of the State of California applicable to said work. b. Bonding. i. Developer agrees to furnish and deIiver to the City of Chula Vista, simultaneously with the execution of this Agreement, and to thereafter maintain until City acceptance of the work referenced herein, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sums as set forth on Exhibit "B", which security shall guarantee the faithful performance in connection with the installation of the Street Improvements as shown on Exhibit "B". ii. Developer agrees to furnish and deliver to the City of Chula Vista simultaneously with the execution of this Agreement, and to thereafter maintain until City acceptance of the work referenced herein, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sums as set forth on Exhibit "C" to secure the payment of material and labor in connection with the installation of said Street Improvements, which security is shown on Exhibit "B". iii. Developer acknowledges and agrees that if the Street Improvements are not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the Street Improvements in accordance with those approved plans and specifications contained on Exhibit "B", or at the option of the City, for those improvements shown on Exhibit "B'" that are less than, but not greater to, the sums provided by said improvement securities. Upon certification of completion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to the Developer or its successors in interest, pursuant to the terms of the improvement security. Developer agrees to pay to the City any difference between the total costs incurred to perform the work, including limited and reasonable design and administration of construction in substantial conformance with the approved plans (including a reasonable allocation of overhead), and any proceeds from the improvement security. c. Developer's Costs and 'Expenses. It is also expressly agreed and understood by the parties hereto that in no case will the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall the City or the City's officer, sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor. d. Plan Check fees and Additional Costs. It is further understood and agreed by Developer that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the Street Improvements plans and installation of Street Improvements described above, as required by City and approved by the City Engineer shall be paid by Developer, and that Developer shall deposit, prior to recordation of the Final Map, with City a sum of money sufficient to cover said cost. e. Maintenance Costs. Developer understands and agrees that until such time as all of the Street Improvements as covered by any particular bond are fully completed and accepted by City, Developer shall be responsible for the care, maintenance of, and any damage to, such streets and any alleys, easements, water and sewer lines. It is further understood and agreed that Developer shall guarantee all of the Street Improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of Developer, its agents or employees in the performance of this Agreement, and that upon acceptance of the work by City, Developer shall grant to City, by appropriate conveyance, the public improvements constructed pursuant to this Agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. f. Indemnification Developer further understands and agrees that City, (as "Indenmitee") or any officer or employee thereof, shall not be liable for any bodily injury, death, or property damage, including thereto hazardous materials and property takings claims occasioned by reason of the acts or omissions of Developer, its subcontractors or suppliers, its agents or employees, or Indemnitee (which are not the result of Indemnitee's sole negligence or willful misconduct), related to the construction of the Street Improvements. Developer further agrees to defend, indemnify, protect and hold the Indemnitee, its officers and employees, harmless from any and all claims, demands, causes of action, liability, costs and expense (including, without limitation, reasonable attorney's fees) or loss for bodily injury, death or property damages, including thereto hazardous materials and property takings claims because of or arising out of Developer's construction of the Street Improvements or the acts or omissions of Developer, its subcontractors or suppliers, its agents or employees, or Indemnitee, related thereto; provided, however, that Developer shall have no obligation to indemnify, defend, protect or hold Indemnitee harmless from any such losses, claims, demands, causes of action, liability, damages, costs or expenses which arise out of the sole negligence or willful misconduct of the Indemnitee or any officer or employee thereof. Developer further agrees to defend, indemnify, protect and hold the Indemnitee, its officers and employees, harmless from any and all claims, demands, causes of action, liability, cost and expense (including without limitation, reasonable attorney's fees) made or incurred by such third parties pursuant to or arising out of contracts entered into by third parties with or on behalf of Developer or its successors, assigns or agents concerning construction of the Street Improvements; provided, however, that Developer shall have no obligation to indemnify, defend or hold Indemnitee harmless from any such losses, claims, demands, damages, causes of action, liability, costs and'expenses to the extent that they have arisen due to the sole negligence or willful misconduct of Indemnitee. The improvement securities referred to above shall not cover the provisions of this paragraph. Such indemnification and agreement to hold harmless shall extend to damages to adjacent or downstremTt properties or the taking of property from owners of such adjacent or downstream properties as a result of construction of the Street Improvements as provided herein. It shall also extend to damages resulting from diversion of waters, change in the volume of flow, modification of the velocity of the water, erosion or siltation, or the modification of the point of discharge as the result of construction of the Street Improvements. The approval of plans for the Street Improvements shall not constitute the assumption by City of any responsibility for such damage or taking, nor shall City, by said approval, be an insurer or surety for said work and related improvements. The provisions of this paragraph shall become effective upon the execution of this Agreement and shall remain in full force and effect for ten (10) years following the acceptance by the City of the Street Improvements. 10. Condition No. 33. (Street Trees). In partial satisfaction of Condition No.33 of the Resolution: a. Developer shall obtain approval from the Director of Planning and Building and the City Engineer of a separate street tree improvement plan which includes the final selection of trees, the location of trees within the parkway, and in relation to water laterals, sewer laterals, dry utilities, driveways, inlets and pedestrian ramps, within thirty (30) days of the approval of the Final Maps. Developer understands that the City may withhold the issuance of building permits within the Final Maps if the street tree improvement plan is not approved within said thirty (30) day period. b. Developer, upon request of the Director of Planning and Building, shall plant within all street parkways, trees which have been selected from the revised list of appropriate tree species described in the Village Design Plan which shall be approved by the Directors of Planning and Building and Public Works. The applicant shall provide root control methods per the requirements of the Director of Planning and Building and a deep watering irrigation system for the trees. An irrigation system shall be provided from each individual lot to the adjacent parkway. 11. Condition No. 34 - (ADA Standards). In satisfaction of Condition No. 34 of the Resolution the Developer agrees that in the event the Federal Government adopts ADA standards for street fights-of-way which are in conflict with the standards and approvals contained herein, all such approvals conflicting with those standards shall be updated to reflect those standards. Unless otherwise required be federal law, City ADA standards may be considered vested, as determined by Federal Regulations, only after construction has commenced. 12. Condition No. 40 (Encroachment Permit). In satisfaction of Condition No. 40 of the Resolution, the Developer shall apply and obtain an encroachment permit prior to the installation of all private facilities within the public right of way. The Developer shall maintain, in perpetuity, membership in an advance notice such as the USA Dig Alert Service and shall cause any private facilities owned by the Developer to be marked out whenever work is performed in the area. 13. Condition No. 56 - (NPDES). In satisfaction of Condition No. 56 of the Resolution, Developer agrees to comply with all the provisions of the National Pollutant Discharge Elimination System (NPDES) and the Clean Water Program. 14. Condition Nos. 84 - (Neighborhood Parks). In partial satisfaction of Condition No. 84 of the Resolution, Developer has entered into the Otay Ranch Park Agreement wherein the Developer agrees to construct neighborhood parks (P-1 and P-2 in Village One) in accordance with the terms of said Otay Ranch Park Agreement and consistent with the Parks Master Plan. The Developer also agrees to comply with the City's Parklands and Public Facilities Ordinance and any future modification thereof. The Otay Ranch Park Agreement also provides for reimbursement of park development fees and assignment of fee and/or land credits to the Developer as applicable. 15. Condition No. 90 - (Walls on City Property). In satisfaction of Condition No. 90 of the Resolution, 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. 16. Condition No. 104 - (Withhold Building Permits and Hold Harmless). In partial satisfaction of Condition No. 104 of the Resolution, the Developer understands and agrees that the performance of Developer's obligations hereunder is required for the health and safety of the residents of its Project. Therefore Developer agrees: a That the City may withhold building permits for any and all buildings within the Project if any one of the following occur: i. Regional development threshold limits set by the East Chula Vista Transportation Phasing Plan have been reached. ii. Traffic volumes, levels of service, public utilities and/or services exceed the adopted City threshold standards in the then effective Growth Management Ordinance. iii. The Developer does not comply with the terms of the Reserve Fund Program. b That the City may withhold building permits for any of the phases of development identified in the PFFP, if the required public facilities, as identified in the PFFP or as amended by the Annual Monitoring Program or otherwise conditioned have not been completed or constructed to satisfaction of the City. c That, on the condition that City shall promptly notify the Developer of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense, the Developer shall defend, indemnify, and hold harmless the City, and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees, to attack, set aside, void or annul any approval by the City, including approvals by its Planning Commission, City Council, or any approval by its agents, officers, or employees with regard to this Project. d That, on the condition that City shall promptly notify the Developer of any claim, action or proceeding, Developer shall defend, indemnify, and hold harmless the City, and its agents, officers and employees, from any claim, action, or proceeding against the City, or its agents, officers or employees, related to erosion, siltation or increased flow of drainage resulting from the Property. City agrees to reasonably cooperate with Developer in the defense of any such action, claim or proceeding. e. In partial satisfaction of Condition No. 104(e) of the Resolution, the Developer understands and agrees that cable television companies franchised by the City of Chula Vista may place conduit within the City easements and provide cable television service for lots within the Final Map area, as described on Exhibit A. Developer agrees to comply with all rules, regulations, ordinances and procedures regulating and affecting the operation of cable television within Chula Vista. Developer further acknowledges and agrees that Developer will not in any way impair or interfere with City's use of City's easements as described herein. f To include in the Articles of Incorporation or Charter for the Homeowner's Association (HOA) provisions prohibiting the HOA from dedicating or conveying for public streets, land used for private streets without approval of 100% of all the HOA members. g. That the City may withhold the issuance of building permits for the Project, should the Developer be determined by the City to be in breach of any of the terms of the Tentative Map Conditions or any Supplemental Agreement. The City shall provide the Developer of notice of such determination and allow the Developer reasonable time to cure said breach. 17. Condition No. 105 - (Congestion Management Program). In satisfaction of Condition No. 105 of the Resolution the Developer shall enter into a supplemental agreement with the City prior to approval of the first "B" Map or the approval of a parcel map for Neighborhood R-39 of the SPA One Plan where the Developer agrees to: a. Participate, on a fair share basis, in any deficiency plan or financial program adopted by SANDAG to comply with the Congestion Management Program (CMP) and b. Agrees to not protest formation of any future regional impact fee program or facilities benefit district to finance the construction of regional facilities described in the Otay Ranch GDP and Otay Ranch SPA One PFFP. This agreement to not protest the inclusion of these public improvements shall not be deemed a waiver of the right to challenge the amount of any fee, which may be imposed due to these new improvements and shall not interfere with the right of any person to vote in a secret ballot election. 18. Condition No. 106 - (High School Site). In satisfaction of Condition No. 106 of the Resolution the Developer shall deliver to the School District a graded high school site including utilities provided to the sire and an all weather access road acceptable to the District prior to issuance of the 1,400~ building permit. The all weather access road shall also be acceptable to the Fire Department. This schedule is subject to modification by the School District as based on District facility needs. 19. Condition Nos. 114 - (Growth Management Ordinance). In satisfaction of Condition No. 114 of the Resolution, the Developer agrees, upon the request of the City, to the following: a. Fund the preparation of an annual report monitoring the development of Otay Ranch as described in Chapter 9, "Growth_Management of the Otay Ranch General Development Plan". The annual report will analyze the supply of, and demand, for public facilities and services governed by the thresholds. b. Prepare a five (5) year 'development phasing forecast identifying targeted submittal dates for future discretionary, applications (SPAs and tentative maps), projected construction dates, corresponding public facility needs per the adopted threshold standards, and identifying financing options for necessary facilities as described in Chapter 9, "Growth Management" of the Otay Ranch General Development Plan". 20. Condition No. 122. - (PFFP). In partial satisfaction of Condition No. 122 of the Resolution, Developer agrees to adhere to the PFFP and any amendments thereto, approved by the City Council, including but not limited to the, SPA and tentative map improvements installed in accordance with said Plan or as required to meet threshold standards adopted by the City. Developer and City acknowledge that the PFFP identifies a facility phasing plan based upon a set of assumptions concerning the location and rate of development within and outside of the project area. Throughout the build-out of SPA One, actual development may differ from the assumptions contained in the PFFP (i.e., the development of EastLake III). Developer understands that neither the PFFP nor any other SPA One document grant the Applicant an entitlement to develr~p as assumed in the PFFP, or limit the SPA One's facility improvement requirements to those identified in the PFFP. Developer acknowledges that compliance with the City's threshold standards, based on actual development patterns and updated forecasts in reliance on changing entitlements and market conditions, shall govern SPA One development patterns and the facility improvement requirements to serve said development. In addition, the sequence in which improvements are constructed shall correspond to any future Eastern Chula Vista Transportation Phasing Plan or amendment to the Growth Management Program and Ordinance adopted by the City. Developer understands and agrees that the City Engineer may modify the sequence of improvement construction should conditions change to warrant such a revision. Developer agrees that concurrent with the approval of the first final map approved after a Public Facility Financing Plan has been approved for the EastLake III GDP Area, the Developer shall update, at Developer's sole expense and subject to a Reimbursement Agreement, the SPA 1 PFFP and agrees that the City Engineer may change the timing of construction of the public facilities, including without limitation, the nature, sizing, extent and timing for the construction of public facilities caused by SPA One, shall become a condition for all subsequent SPA One entitlements, including tentative and final maps. 21. Condition No. 123. - (Code Requirements). In-partial satisfaction of Condition No. 123 of the Resolution, Developer agrees to comply with all applicable sections of the Chula Vista Municipal Code. Developer further agrees that any final map for the Project and all plans for said Project shall be prepared in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual. 22. Condition No. 124. - (Undergrounding). In partial satisfaction of Condition No. 124 of the Resolution, Developer agrees to underground all utilities within the subdivision in accordance with Municipal Code requirements. 23. Condition No. 125. - (Payment of Fees). In partial satisfaction of Condition No. 125 of the Resolution, Developer agrees to pay the following fees in accordance with the City Code and Council Policy: a. The Transportation and Public Facilities Development Impact Fees. b. Signal Participation Fees. c. All applicable sewer fees, including but not limited to sewer connection fees. d. Interim SR-125 impact fee. e. Telegraph Canyon Sewer Basin DIF. f. Poggi Canyon Sewer Basin DIF as may be adopted by the City in the future. h. Reimbursement District for Telegraph Canyon Road Phase 2 24. Condition No. 126. - (Code Requirements). In partial satisfaction of Condition No. 126 of the Resolution, Developer agrees to 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. 25. Condition No. 127. - (Disclosure of Special Taxes). In partial satisfaction of Condition No. 127 of the Resolution, Developer agrees to ensure that prospective purchasers sign a "Notice of Special Taxes and Assessments" pursuant to Municipal Code Section 5.46.020 regarding projected taxes and assessments. Submit disclosure form for approval by the City Engineer prior to Final Map approval. 26. Condition No. 130. - (Landscape Manual). In satisfaction of Condition No. 130 of the Resolution, Developer agrees to comply with all aspects of the City of Chula Vista Landscape Manual. 27. Condition No. 131~ - (Planned Community District Regulations). In satisfaction of Condition No. 131 of the Resolution, Developer agrees to comply with the Otay Ranch SPA One planned Community District Regulations. 28. Condition No. 132. - (Code Requirements). In partial satisfaction of Condition No. 132 of the Resolution, Developer agrees to comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management) as may be amended from time to time by the City. Said chapter includes but is not limited to: threshold standards (19.09.04), public facilities finance plan implementation (19.09.090), and public facilities finance plan amendment procedures (19.09.100). Developer further acknowledges and agrees that the City is presently in the process of amending its Growth Management Ordinance to add a proposed Section 19.09.105, to establish provisions necessary to ensure compliance with adopted threshold standards (particularly traffic) prior to construction of State Route 125. Said provisions will require the demonstration, to the satisfaction of the City Engineer, of sufficient street system capacity to accommodate a proposed development as a prerequisite to final map approval for that development, and the applicant hereby agrees to comply with adopted amendments to the Growth Management Ordinance. 29. Condition No. 134. - (NPDES). In satisfaction of Condition No. 134 of the Resolution, Developer agrees to comply with all applicable regulations established by the United States Environmental Protection Agency as set forth in the National Pollution Discharge Elimination System(NPDES) permit requirements for urban runoff and storm water discharge and any regulations adopted by the City of Chula Vista pursuant to the NPDES regulations or requirements. Further, the applicant shall file a notice of intent with the State Water Recourses Control Board to obtain coverage under the NPDES General Permit for storm water discharges associated with construction activity and shall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. The SWPPP shall include both construction and post construction pollution prevention and pollution control measures and shall identify funding mechanisms for post construction control measures. 30. Condition No. 136 - (Guarded Entrances). In satisfaction of Condition No. 136 of the Resolution, Developer agrees that guarded entrances will not have physical barriers and that the entrances will be staffed from dusk until dawn, unless the MHOA or the applicant determines it is economically impractical. 31. Condition No. 144 - (MHOA). In satisfaction of Condition No. 144 of the Resolution, Developer agrees that future property owners will be notified during escrow, by a document to be initialed by the owners, and approved by the City Engineer and Director of Planning, of the maintenance responsibilities of the MHOA and their estimated annual cost. 32. Satisfaction of Conditions. City agrees that the execution of this Agreement constitutes satisfaction or partial satisfaction of Developer's obligation of Condition Nos. 1, 3, 4, 5, 8, 9, 10, 11, 22, 23, 24, 33, 34, 40, 56, 84, 90, 91,104, 105, 106, 108, 109, 114, 122, 123,124, 125, 126, 127, 130, 131,132, 133, 134, 136, 144, and 145 of the Resolution. Developer further understands and agrees that the some of the provisions herein may be required to be performed or accomplished prior to the approval of other final maps for the Project, as may be appropriate. 33. Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned, that Developer shall comply with all unfulfilled conditions of approval of the Tentative Map, established by Resolution No. 19448 and shall remain in compliance with and implement the terms, conditions and provisions therein. 34. Previous Agreements. The Developer acknowledges that nothing in this Agreement shall supersede, nullify or otherwise negatively impact the terms of the first and second Village 1 "A" Map Agreements, Map No. 13592 and Map No. 13990 thereof or all prior "B" Map Agreements for Village 1, unless specifically noted herein. This Agreement affirms and reflects the terms, conditions and provisions "A" Map Agreements, all subsequent Final "B" Map Agreements and of the Tentative Map 96-04 conditions applicable specifically to the Final Map for the Property. 35. Recording. This Agreement, or an abstract hereof shall be recorded simultaneously with the recordation of the Final Map. 36. Building Permits. Developer and Guest Builders understand and agree 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. The City shall provide the Developer of notice of such determination and allow the Developer with reasonable time to cure said breach. 37. 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. Facsimile transmission shall constitute personal delivery. CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA. 91910 Attn: Director of Public Works Developer: Otay Project, L.P. 350 West Ash Street, Suite 730 San Diego, CA 92101 Attn: Kim John Kilkenny Fax (619) 234-4088 Standard Pacific Corp., A Delaware Corporation 5750 Fleet Street, #200 Carlsbad, CA 92009 Attn: Brian Utsler A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided in this paragraph. Facsimile transmission shall constitute personal delivery. b. Captions. Captions in this Agreement are inserted for convenience of reference and do not define, describe or limit the scope or intent of this Agreement or any of its terms. c. Entire Agreement. This Agreement contains the entire agreement between the parties regarding the subject matter hereof. Any prior oral or written representations, agreements, understandings, and/or statements shall be of no force and effect. This Agreement is not intended to supersede or amend any other agreement between the parties unless expressly noted. d. Preparation of Agreement. No inference, assumption or presumption shall be drawn from the fact that a party or his attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation and/or drafting this Agreement. e. Recitals; Attachments. Any recitals and Attactunents set forth above are incorporated by reference into this Agreement. f. Attorneys' Fees. If either party commences litigation for the judicial interpretation, reformation, enfomement or rescission hereof, the prevailing party will be entitled to a judgment agains~ the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. g. Olympic Parkway Agreement. The parties do not intend by this Agreement to modify or amend in any way the Olympic Parkway Agreement. To the extent of any inconsistencies between this Agreement and the Olympic Parkway Agreement with regard to obligations specifically set forth in the Olympic Parkway Agreement, the Olympic Parkway Agreement shall control. [NEXT PAGE IS PAGE ONE OF THREE SIGNATURE PAGES] [PAGE ONE OF THREE SIGNATURE PAGES TO THE SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR THE FINAL "B" MAPS OF OTAY RANCH VILLAGE ONE NEIGHBORHOODS R-18and R-48, CHULA VISTA TRACT NO. 96-04A IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first hereinabove set forth. CITY OF CHULA VISTA Mayor Attest: Susan Bigelow City Clerk [NEXT PAGE IS PAGE TWO OF SIGNATURE PAGES] PAGE TWO OF THREE SIGNATURE PAGES TO THE SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR THE FINAL "B" MAPS OF OTAY RANCH VILLAGE ONE NEIGHBORHOODS R-18 and R-48, CHULA VISTA TRACT NO. 96-04A] DEVELOPERS/OWNERS: OTAY PROJECT, L.P., a California limited partnership By: Otay Project, LLC, a California limited liability company, General Partner By: Otay Ranch Development, LLC, a Delaware limited liability company, Authorized Member Title: (Attach Notary Acknowledgment) [NEXT PAGE IS PAGE THREE OF SIGNATURE PAGES] CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California j' ss. County of , enid ~/~i~ .before me, ~N~I~' ~,.~) L~/~ Date ~ - Name and Title of Offcer (e g, "Jan~ Doe, Notary ~ublic') personally appeared C,#l~.~!~ ~ proved to me on the basis of satisfactory evidence to be the person(~b~-- whose name(~ subscribed to the within instrument and acknowledged to me that he/sl~C..t.~xecuted the same in h i s / b, ec-fCn,~'-' authorized capacity(i.¢.,~, and that by his/~'~T/[heir- signature(~) on the instrument the person(~,~, or the entity upon behalf of which the person~')- acted, executed the instrument. Place Notary Seal Above OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Descr pt on of Attached I~ocument ., ~ Title or Type of Document: .~)l,~ ~ ,~_..,l~)' t Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: E~ Individual Top of thumb here · Corporate Officer-- Title(s): I Partner El Limited [i;I General : I Attorney in Fact ;~3 Trustee [~J Guardian or Conservator Ii Other: Signer Is Representing: [PAGE THREE OF THREE SIGNATURE PAGES TO THE SUPPLEMENTAL SUBDMSION IMPROVEMENT AGREEMENT FOR THE FINAL "B" MAPS OF OTAY RANCH VILLAGE ONE NEIGHBORHOODS R-18 and R-48, CHULA VISTA TRACT NO. 96-04A] DEVELOPERS/OWNERS: Standard Pacific Corp., a Delaware corporation Brian Utsler Title: Vice President Land Acauisition Nan~ett~.Klech~t~ - _ Title: Vice President Controller (Attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORIA ] COUNTY OF SAN DIEGO ] On October 17, 2000, before me, Elizabeth Mosley , Notary Public, personally appeared Brian Utsler personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me fla~t he executed the same in his authorized capacity, and that by his signature on tl~e instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. COMM. #1171119 c~ ~ (~/-a~'~] , BA_N DIEGO COUNTY (3 ~ UARY 25 2002 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORIA ] COUNTY OF SAN DIEGO ] On October 17, 2000, before me, Elizabeth Mosley , Notary Public, personally appeared Nannette Klecher personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. ,-,~? ~_..lt'~.~ COMM.#1171119 ~ t,"~-~7 BAN DIEGO COUNTY ~.';'~.~' My Comml~io~ Explrea ~ JANUARy ~$, blic THIS AREA FOR OFFICIAL NOTARIAL SEAL List of Exhibits Exhibit A Legal Description of Property Exhibit B Street and public Land Improvements, CV Tract 94-04A Exhibit C Conditions of Approval for Chula Vista Tract No. 96-04A Exhibit "A" Legal Description of Property OTAY RANCH VILLAGE 1, NEIGHBORHOOD R-18, CHULA VISTA TRACT NO. 96-04A BEING LOT 1 OF CHULA VISTA TRACT NO. 96-04 OTAY RANCH VILLAGE 1 "A" MAP NO. 2 IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13990, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 27, 2000. OTAY RANCH VILLAGE 1, NEIGHBORHOOD R-48, CHULA VISTA TRACT NO. 96-04A BEING LOT 2 OF CHULA VISTA TRACT NO. 96-04 OTAY RANCH VILLAGE 1 "A" MAP NO. 2 IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13990, FILED 1N THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 27, 2000. Exhibit B Street and Public Land Development Improvements Chula Vista Tract 96-04A Improvements Improvement Cost Bond No. Drawing No. Otay Ranch Village 1, Phase 7 $3,238,477 3SM95939500 99-458 to Rough Grading and Storm Drain 99-490 Otay Ranch Village 1, Phase 7, $835,682.50 5991057 99-768 to Street and Sewer Improvements 99-788 Otay Ranch Village 1, Phase 7, $1,073,435 SD00089323 99-1078 to Landscape and Irrigation 99-1034F SCHEDULE 1 Phase Seven (Purple) Tentative Subdivision Map (C.V.T. 96-04A) CONDITIONS OF APPROVAL Unless otherwise specified or required by law: (a) the conditions and Code requirements set forth below shall be completed prior to the related fmal map as determined by the Director of Planning and Building, and the City Engineer, (b) unless othe.rwise specified, "dedicate" means grant the appropriate easement, rather than fee title. Where an easement is required the applicant shall he required to provide subordination of any prior lien holders in order to ensure that the City has a first priority interest in such land unless otherwise excused by the City. Where fee title is granted or dedicated to the City, said fee title shall be flee and clear of all encumbrances, unless otherwise excused by the City. Should conflicting wording or standards occur between these conditions of approval, any conflict shall be resolved by the City Manager or designee. GENERAL/PRELIMINARY 1. Comply with all requirements and guidelines of the Parks, Recreation Open Space and Trails Plan, Public Facilities Financing Plan, Ranch Wide Affordable Housing Plan, Spa One Affordable Housing Plan, and the Non-Renewable Energy Conservation Plan, as amended from time to time, tmless specifically modified by the appropriate department head, with the approval of the City Manager. These plans may be subject to minor modifications by the appropriate department head, with the approval of the City Manager, however, any material modifications shall be subject to approval by the City Council. 2. All of the terms, covenants and conditions conta'med herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the Property. For purposes ofth/s document the term "Developer" shall also mean "Applicant". 3. If any of the terms, covenants or conditions contained herein shall fail to occur or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fall to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted including issuance of building permits, deny, or further condition the subsequent approvals that are derived from the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The applicant shall be notified 10 days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City. 27 4. Applicant shall indemnify, protect, defend and hold the City harmless fi.om and against any and all claims, liabilities and costs, including attorney's fees, arising fi.om challenges to the Environmental Impact Report for the Project and any or all entitlements and approvals issued by the City in connection with the Project. 5. The applicant shall comply with all applicable SPA conditions of approval. 6. Any and all agreements that the applicant is required to enter in hereunder, shall be in a form approved by the City Attorney. 7. The terms, conditions and time limits associated with this tentative map shall be consistent with the Development Agreement approved by Ordinance No. 2679 by the City Council on July 16, 1996 ("Development Agreement") and as amended on October 22, 1996. 8. The applicant shall comply with the terms of the Conveyance Agreement, as may be amended fi.om time to time, adopted by Resolution No. 18416 by the City Council on October 22, 1996 ("Conveyance Agreement"). ENVIRONMENTAL 9. Prior to approval of each final "B" Map, the applicant shall implement all applicable mitigation measures identified in EIR 95-01, subsequent EIR 97-03, the CEQA Findings of Fact for this Project (on file in the City Clerk's Office as Document No. CO96-056 and No. ) and the Mitigation Monitoring and Reporting Program (on file in the City Clerk's Office as Document No. CO96-057 and No. ). 10. Prior to the approval of each final "B" Map, the applicant shall comply with all applicable requirements of the Phase 2 Resource Management Plan (RMP) as approved by the City Council on June 4, 1996 and as may be amended from time to time by the City. 11. Prior to the approval of each final "B" Map, the applicant shall comply with the Otay Ranch Resource Preserve Conveyance Plan. 12. The Applicant shall comply with any applicable requirements of the California Department of Fish and Game, the U.S. Department of Fish and Wildlife and the U.S. Army Corps of Engineers. SPECIAL CONDITIONS OF APPROVAL 13. The following conditions of approval are based upon the project having multiple final maps for the entire subdivision which shall be referenced hereinafter as "final 'B' Maps". Unless 28 otherwise specified, all conditions and code requirements listed below shall be fully completed to the City's satisfaction prior to approvkl of the first Final "B~ Map. 14. Prior to approval of the first £mal map within each Village the tentative map, the developer shall submit and obtain the approval of the City of a master final map ("A" Map) over the portion of the tentative map within each Village area showing "super block" lots corresponding to the units and phasing or combination of units and phasing thereof. Said "A" map shall also show open space lot dedications, the backbone street dedications and utility easements required to serve the "super block" lots created by this "A" Map. All "super block" lots created by this "A" Map or previous parcel map shall have access to a dedicated public street. Said "A" map shall not be considered the first map as indicated in other conditions of approval unless said map contains single or multiple family lots or a subdivision of the multiple family lots shown on the tentative map. A lot line adjustment, if utilized in accordance with City standards and procedures, shall not be considered the first "A" Map. The "A" Map may contain single family residential units. 15. The subsequent development of a multiple family lot which does not require the filing of a "B" Map shall meet, prior to issuance of a building permit for that lot, all the applicable conditions of approval of the tentative map, as determined by the City Engineer. Construction of non-backbone streets adjacent to multiple family lots will not need to be bonded for with the final "A" Map which created such lot. However, such improvements will be required to be constructed under the Municipal Code provisions requiring construction of street improvements under the design review and building permit issuance processes. 16. In the event of a filing of a final map which requires oversizing (in accordance with the restrictions of state law and City ordinances) of the improvements necessary to serve other properties, said final map shall be required to install all necessary improvements to serve the project plus the necessary oversizing of facilities required to serve such other properties. DESIGN 17. A street connecting Montera Street and Cameros Street shall be installed as part of the improvements for Neighborhoods R-18 and R-48. The connection shall be located near lots 54 and 55 in R-18 and lots 26 and 27 in R-48. The connection shall be designed as a Residential Street - Condition "A". The northerly ends of Montera Street and Carneros Street may utilize the "Modified Cul-de-Sac" design depicted on the Tentative Map if they are less than 150 feet in length. The exact location of the connecting street shall be determined by the City Engineer and the Director of Planning and Building. 18. Any proposed monumentation/signage shall be consistent with the Village Design Plan and shall be reviewed and approved by the Director of Planning and Building prior to approval of the appropriate final map. 29 19. In addition to the requirements outlined in the City of Chula Vista Landscape Manual, privately maintained slopes in excess of 25 feet in height shall be landscaped and irrigated to soften their appearance as follows: one 5-gallon or larger size tree per each 150 square feet of slope area, one 1-gallon or larger size shrub per each 100 square feet of slope area, and appropriate groundcover. Trees and shrubs shall be planted in staggered clusters to soften and vary the slope plane. Landscape and irrigation plan~ for private slopes shall be reviewed and approved by the Director of Planning and Building prior to approval of the appropriate final map. 20. A comprehensive wall plan indicating color, materials, height and location shall be reviewed and approved by the Director of Planning and Building prior to approval of any final "B" Map. Materials and color used shall be compatible and all walls located in comer side-yards or rear yards facing public or private streets or pedestrian connections shall be constructed of a decorative masonry and/or wrought iron material. A revised acoustical analysis indicating if view fencing, such as a combination of masonry and wrought iron, is allowable at the ends of cul-de-sacs backing up to, Olympic Parkway, and Pasco Ranchero, shall be prepared prior to submittal of the wall plan indicated above. If such fencing is allowable per the final acoustical analysis it shall be provided at the ends of the following streets:--Weaverville Street, Greenfield Street, Hayfork Place, Cameros Street, Santa Rita East, Grayson Street, Delano Street, Belmont Street, and Atherton Street. View fencing shall be provided at the ends of all other open cul-de-sacs where a sound wall is not required. Any combination flee stand'mg/retaining walls shall not exceed 8.5 feet in height. The applicant shall submit a detail and/or cross section of the maximum/minimum conditions for all "combination walls" which include retaining and free standing walls. Said detail shall be reviewed and approved by the Director of Planning and Building prior to the approval of the first final map. The maximum height of all retaining walls shall be 2.5 feet in height when combined with freestand'mg walls which are six feet in height. A 2-3 foot separation shall be provided between free stand'rog and retaining walls where the combined height would otherwise exceed 8.5 feet. 21. Lots backing or siding onto pedestrian paseos or parks shall be provided with view fencing, such as three feet of wrought iron on top of a three foot masonry wall, subject to approval by the Fire Marshal and the Director of Planning and Building STREETS, RIGHT-OF-WAY AND PUBLIC IMPROVEMENTS 22. Install public facilities in accordance with the Otay Ranch SPA One, Public Facilities Finance Plan as may be amended from time to fane or as required by the City Engineer to meet threshold standards adopted by the City of Chula Vista. The City Engineer and Director of Planning and Building may, at their discretion, modify the sequence of improvement 3O construction should conditions change to warrant such a revision. The Developer shall construct the public improvements and provide' security satisfactory to the City Engineer as set forth in the first final ~B' map Supplemental Subdivision Improvement Agreement for Village One and attachment Exhibit "E' thereto, approved by City Council Resolution No. 19211 on October 6, 1998. 23. Dedicate for public use all the public streets shown on the tentative map within the subdivision boundary. Prior to the approval of the applicable "B" Map, the applicant shall enter into an agreement to guarantee the construction of all street improvements as required by the PFFP for each particular phase. 24. Secure in accordance with Section 18.16.220 of the Municipal Code, as necessary, the construction and/or construct full street improvements for all on-site and off-site streets deemed necessary to provide service to the subject subdivision. Said improvements shall include, but not be limited to, asphalt concrete pavement, base, concrete curb, gutter and sidewalk, sewer, reclaimed water and water utilities, drainage facilities, street lights, signs, landscaping, irrigation, fencing and fire hydrants. Street cross sections shall conform to the cross sections shown on the Tent~Iive Map, unless otherwise conditioned or approved herein. All other design criteria shall comply with the current Chula Vista Design Standards, Chula Vista Street Design Standards, and the Chula Vista Subdivision Manual unless otherwise conditioned or approved herein. 25. As part of the improvement plans associated with the final "B" Map which triggers the installation of the related street improvements, install a fully activated traffic signal including interconnect wiring at the following intersections: a. East Palomar Street and Paseo Ranchero b. Olympic Parkway and Paseo Ranchero Install underground improvements, standards and luminaries with construction of street improvements, and install mast arms, signal heads and associated equipment as determined by the City Engineer. 26. Submit to and obtain approval by the City Engineer of striping plans for all collector or higher classification streets simultaneously with the associated improvement plans. 27. Design all vertical and horizontal curves and intersection sight distances to conform to the Caltrans Highway Design Manual. All streets which intersect other streets at or near horizontal or vertical curves must meet intersection design sight distance requirements in accordance with City standards. Sight visibility easements shall~ be granted as necessary to comply with the requirements in the Caltrans Highway Design Manual. 33. 28. All cul-de-sacs and knuckles not conforming to City standards shall have a design waiver submitted by the Engineer-of-Work to the City Engineer stating the deviations from City standards and explaining that, in their professional opinion, no safety considerations will be compromised. The waiver will be subject to approval or disapproval at the discretion of the City Engineer. 29. Two (2) points of vehicular access shall be provided to each Neighborhoods/Sites as follows: a. Neighborhood R- 19 b. Neighborhood R-47 c. CPF-1/C-1 d. Neighborhood R- 15 e. CPF-2 The Developer shall construct and complete the required access improvements prior to occupancy of any building within the above Neighborhood/Sites. The exact locations of the two (2) points of vehicular access for each Neighborhood/Site shall be approved by the Director of Plarming and Building prior to Site Plan approval. The Director of Planning and Building may waive the requirement for one or more of the points of access to any Neighborhood/Site upon site plan approval in his/her sole discretion. 30. Access to East Palomar Street from the tentative map shall be relinquished on the final "A" map. 31. The private pasco located in Neighborhood R-15/CPF-2 shall be constructed concurrent with the development of Neighborhood R-15 and completed prior to occupancy of the first dwelling unit in R-15. The exact location, alignment and landscaping of the Pasco in Neighborhood R-15/CPF-2 shall be approved by the Director of Planning and Building at the time of Site Plan approval for R-15/CPF-2. The applicant may request reconsideration of the requirement for the pasco which the Director of Planning and Building may determine at his/her sole discretion~ 32. The General Utility Easement at the end of Santa Andrea leading to the emergency access road shown on the Tentative Map at the easterly end of Fieldbrook Street shall be included within the boundaries of Neighborhood R-16 and shall be granted on the final "B" map for R-16. The easement shall include pedestrian access improvements, construction of which shall be secured prior to the approval of the first final "B" map for R-16 and shall be approved by 32 the Director of Planning and Building. Security shall be provided in the form of a bond or as otherwise approved by the City Engineer. 33. Install all street trees in accordance with Section 18.28.10 of the Chula Vista Municipal Code. All street trees shall be planted in parkways which have been selected from the revised list of appropriate tree species described in the Village Design Plan, and shall be approved by the Director of Planning and Building and Director of Public Works. The applicant shall provide root control methods per the requirements of the Director of Ptanning and Building, and provide a deep watering irrigation system for the trees. An inigation system shall he provided from each individual lot to the adjacent parkway. A street tree improvemefit plan shall be submitted prior to or concurrent with the second submittal of street improvement plans for each subdivision. The street tree improvement plans, including f'mal selection of street trees, for the street parkways shall be approved by the Director of Planning and Building and the City Engineer. 34. Construct sidewalks and construct pedestrian ramps on all walkways to meet or exceed the "Americans with Disabilities Act" standards and as approved by the City Engineer. In the event the Federal Government adopts ADA standards for street rights-of-way which are in conflict with the standards and approvals contained herein, all such approvals conflicting with those standards shall be updated to reflect those standards. Unless otherwise required by federal law, City ADA standards may be considered vested, as determined by Federal regulations, only after construction has commenced. 35. Alley openings shall be per San Diego Regional Standard Drawing No. G-17, or approved modifications thereto. Additional requirements may be imposed by the City on alleys to address specific geometric and other design issues that may arise during the review of the site plan and/or improvement plans for Neighborhood R-16. These requirements shall include but are not limited to: a minimum turning radius for alleys, comer chamfers, alley signage, lighting, and unit addressing. 36. The applicant shall construct a 20-foot wide, all-weather concrete (6 inch minimum depth) emergency access road (secondary Village One Core access) from Olympic Parkway to the easterly end of Fieldbrook Street, upon the request of the City Engineer. The emergency access road shall be secured by a bond or as otherwise approved by the City Engineer prior to the approval of the "A" Map. The cross-section of the emergency access road shall be as shown on the Tentative Map. Upon the request of the City Engineer, the applicant shall submit a full set of road improvement plans; including but not limited to: horizontal alignment, vertical profiles, intersection details, drainage appurtenances and access control, all as approved by the City Engineer and the Fire Marshal. Emergency entrances shall be provided with mechanical gates and an "Opticom" system, or some other automated system with backup and/or fail safe features acceptable to the Police and Fire Chief. 37. Provide (1) twenty feet setback on driveways from property line to garage and (2) sectional roll-up type garage doors at all properties fronting on sweets where cul-de-sacs are 150 feet or less in length except as provided for in the Planned Community District Regulations or approved by the City Engineer and the Director of Planning and Building. 38. Residential Street Condition A as denoted on the cover page of the tentative map is the preferred section and shall be implemented on all residential streets, including the connecting street in Neighborhood R-15 as defined in SPA One. Unless otherwise approved by the City Engineer and Director of Planning and Building. However, Mount Maclure Drive, between Fieldbrook Street and Greenfield Street, and the easterly side of Santa Rita, between Fieldbrook Street and Cameros Street shall be constructed with five foot sidewalks in lieu of the four foot sidewalks indicated on the Tentative Map cross-sections. 39. Requested General Waivers 1, 2 and 4, as indicated on the cover sheet of the tentative map, are hereby approved. Specific Waivers 1 and 2 are approved subject to the condition that one-way circulation be provided at the north-south streets adjacent to park P-12, unless otherwise approved by the City Engineer. 40. Not install privately owned water, reclaimed water, or other utilities crossing any public street. This shall include the prohibition of the installation of sleeves for future construction of privately owned facilities. The City Engineer may waive this requirement if the following is accomplished: a. The developer enters into an agreement with the City where the developer agrees to the following: (1) Apply for an encroachment permit for installation of the private facilities within the public right-of-way. (2) Maintain membership in an advance notice such as the USA Dig Alert Service. (3) Mark out any private facilities owned by the developer whenever work is performed in the area. The terms of this agreement shall be binding upon the successors and assigns of the developer. b. Shutoff devices as determined by the City Engineer are provided at those locations where private facilities traverse public streets. 41. Prior to the approval of any improvement plan within the tentative map, submit and obtain preliminary approval for proposed street names from the Director of Planning and 34 Building and the City Engineer. No two intersections shall have the same name. Street name suffixes shall comply with City standards. 42. The applicant shall construct emergency access roads to East Palomar Street at the end of Weaverville Street and Fieldbrook Street upon the request of the City Engineer. The access roads shall be secured by a bond or as othenvise approved by the City Engineer and City Attorney in an amount approved by the City Engineer, prior to the approval of the final map for Neighborhood R-48 and R-18 respectively. The emergency access roads shall be contained within general access easements granted to the City of Chula Vista. Emergency access entrances shall be provided with mechanical gates and an "Opticom" s~'stem, or some other automated system with backup and/or fail safe features acceptable to the Police and Fire Chief. 43. The City of San Diego Water Line (Otay Lakes Pipeline No. 2) within the Tentative Map shall be relocated or a revised Tentative Map for Neighborhood R-17 shall be approved prior to the approval of the first Final Map within Neighborhood R-17. 44. Street light locations shall be approved by the City Engineer. 45. Prior to the approval of the first final "B" map, the applicant shall process and obtain the approval of a Parcel Map, or similar plat or instrument, whereupon the fight-of-way for Olympic Parkway fi.om Brandywine Avenue to SR-125 is offered for dedication to the City of Chula Vista. The alignment of Olympic Parkway shall substantially conform to the final Olympic Parkway Feasibility Report prepared by Kimley-Hom and Associates, Inc. If the City and Applicant enter into the Agreement for Financing and Construction of Olympic Parkway and Related Roadway_Improvements which requires the dedication of Olympic Parkway as described above, the Developer shall conform to that agreement. 46. The typical cross section of Olympic Parkway including the right-of-way, regional trail, and meandering sidewalks shall conform to the final Olympic Parkway Master Landscape Plan by Estmda Land Planning, Inc. The regional trail shall be located on the north side of Olympic Parkway, within the 20 foot landscape easement. Where the Poggi Canyon Channel crosses to the southerly side of Olympic Parkway, the developer shall provide an additional 12 foot wide flat area behind the Olympic Parkway fight-of-way. GRADING AND DRAINAGE 47. Storm drain systems that collect water from private property shall be designated private on grading and drainage and/or improvement plan~ to the point of connection with a public system or to the point at which storm water that is collected from public street right-of-way, public park or open space areas is first introduced into the system. Downstream from that point, the storm drain system shall be public. An encroachment permit shall be processed and approved by the City for private storm drains within the public right-of-way or within C.F.D. maintained Open Space lots. 3s 48. Submit with grading and drainage and/or improvement plans as applicable hydrologic and hydraulic studies and calculations, including dry lane calculations for all public streets. Calculations shall also be provided to demonstrate the adequacy of downstream drainage slxuctures, pipes and inlets. 49. The developer shall submit notarized letters of permission to grade for all off-site grading. 50. Storm drain design shall conform to the requirements of the Subdivision Manual and the Grading Ordinance as may be amended from time to time. 51. Design the storm drains and other drainage facilities to include Best Management Practices to minimize non-point source pollution, satisfactory to the City Engineer. 52. Provide a setback, as determined by the City Engineer, between the property lines of the proposed lots and the top or toe of any slope to be constructed where the proposed grading adjoins undeveloped property or property owned by others. The City Engineer shall not approve the creation of any lot that does not meet the required setback. 53. Submit a list of proposed lots with the appropriate grading plan indicating whether the structure will be located on fill, cut or a transition between the two situations unless otherwise approved by the City Engineer. 54. Grant on the appropriate final "B" Map a 15 feet minimum drainage and access easement for storm drain lines located between residential units unless otherwise directed by the City Engineer. All other easements shall meet City standards for required width. 55. Prior to approval of the ftrst final "B" Map or grading permit for land draining into Poggi Canyon or grading permit which requires construction of the Poggi Canyon Channel, whichever is earlier, the developer shall: a. Guarantee the construction of the applicable drainage facility, unless otherwise approved by the City Engineer including a runoff detention/desilting basin and naturalized channel in Poggi Canyon; The City Engineer may approve that these facilities are constructed at a later time if the developer provides private temporary runoff detention basins or other facilities, approved by the City Engineer, which would reduce the quantity of runoff from the development to an amount equal to less than the present 100 year flow. Said temporary facilities shall comply with all the provisions of the National Pollutant Discharge Elimination System (NPDES) and the Clean Water Program. Prior to issuance of any grading permit which approves any temporary facility, the developer shall enter into an agreement with the City to guarantee the adequate operation and maintenance (O & M) of said facility. The developer shall provide security satisfactory to the City to guarantee the O & M activities, in the event said facilities are not maintained to City standards as determined by the City Engineer. The developer shall be responsible for obtaining all permits and agreements with the environmental regulatory agencies required to perform this work. b. Prepare a maintenance program including a schedule, estimate of cost, operations manual and a. financing mechanism for the maintenance of the applicable facilities. Said program shall be subject to approval of the City Engineer, the Director of Planning and Building, and the applicable environmental agencies. c. Enter into 'an agreement with the City of Chula Vista and the applicable environmental agencies (Fish and Game, Fish and Wildlife) wherein the parties agree to implement the maintenance program. d. Enter into an agreement with the City where the developer agrees to the following: (1) Provide for the maintenance of the proposed naturalized channel and detention basin in Poggi Canyon until such time as maintenance of such facilities is assumed by the City or an open space district. (2) Provide for the removal of siltation in the Poggi Canyon Channel (including detention basins) until all upstream grading within the development is completed and erosion protection planting is adequately established as determined by the City Engineer and Director of Planning and Building. (3) Provide for the removal of any siltation in the Poggi Canyon Channel (including detention basins) attributable to the development for a minimum period of five years after maintenance of the facility is accepted by the City or an open space district. 56. Comply with all the provisions of the National Pollutant Discharge Elimination System (NPDES) and the Clean Water Program. 57. Provide rtmoff detention basins or any other facility approved by the City Engineer to reduce the quantity of runoff from the development to an amount equal to or less than the present 100-year frequency nmoff. 37 58. Storm drain clean outs shall not be located on slopes or in inaccessible areas for maintenance equipment. Public storm drains shall be installed as close to perpendicular to the slope contours as possible but in no case greater than 15 degrees from perpendicular to the contours. 59. Brow ditches that flow over a slope greater than 10 feet in height and are steeper than a 3:1 shall not be allowed. Drainage shall be collected in an inlet and carded to the bottom of the slope in an underground storm drain. 60. Ensure that brow channels and ditches emanating from and/or running through City Open Space are not routed through private property and vice versa. 61. Provide a graded access (12 feet minimum width) and access easements as required by the City Engineer to all public storm drain inlet structures, including but not limited to the following: a. The 8 ft. by 8 ft. box culvert located at the southeast comer of Pasco Ranchero and Olympic Parkway. b. Both ends of the box culvert crossing Olympic Parkway in th~ vicinity of the Emergency Access Road. c. To a secondary drainage channel along the southerly side of Olympic Parkway easterly of the point where the Poggi Canyon Channel crosses to the southerly side of Olympic Parkway, if such a channel is indicated on the grading plans for that area. The access road and easement may be deleted with the development of Village Two by approval of the City Engineer. Improved access as determined by the City Engineer shall be provided to public drainage structures located in the rear yard of any residential lot 62. Provide additional graded maintenance access roads along both sides of the proposed onsite and offsite portions of the Poggi Canyon Channel. The width of said roads shall be 12 feet unless otherwise approved by the City Engineer. The final dimensions and location of the access roads shall be as determined by the City Engineer. The maintenance access roads shall be designed to accommodate the space required for the 20 foot wide tree planting nodes as depicted on the Olympic Parkway Landscape Master Plan by Estrada Land Planning, Inc. 63. Provide a protective fencing system around (1) the proposed detention basins at Poggi Canyon, and (2) inlets and outlets of storm drain structures, as dh'ected by the City Engineer. The final design and types of construction materials shall be subject to approval of the Director of Planning and Building and the City Engineer. 38 64. Designate all drainage facilities draining private property to the point of connection with public facilities as private. 65. Provide a 6 inch thick concrete access road to the bottom of the proposed detention basins. This access shall have a minimum width of 12 feet, a maximum slope of 8%, and a heavy broom finish on the ramp as directed by the City Engineer. 66. Obtain a Letter of Map Revision (LOMR) from the Federal Emergency Management Agency revising the current National Flood Insurance Program maps of the downstream end of Poggi Canyon Channel west of Brandywine Avenue to reflect tlie effect of the proposed drainage improvements. The LOMR shall be completed prior to acceptance by the City of the proposed detention facility. 67. Obtain, prior to approval of the first final "B" Map, the approval of the Director of Public Works of any amendment necessary to make the Master Drainage plan consistent with the approved Tentative Map. 68. Prepare and obtain approval by the City Engineer and Director of Planning and Building an erosion and sedimentation control plan and landscape/irrigation plans as part of the grading plans. 69. Indicate on all affected grading plans that all walls which are to be maintained by open space districts shall be constructed entirely within open space lots dedicated to the City. 70. Prior to issuance of any grading permit for any land that is contained within the Tentative Map or within the Poggi Canyon Basin, the applicant shall: a. secure the approval of an amendment to the Otay Ranch Phase Two Resource Management Plan by the City Council. b. secure the required permits from the Army Corps of Engineers (ACOE) and the California Department of Fish and Game (CDFG). Grading plans that do not require ACOE or CDFG permits may be approved by the City Engineer. No grading adjacent to the Poggi Canyon shall occur without prior consultation with the City Mitigation Monitor, the City Engineering Inspector, the ACOE, and the CDFG. SEWER 71. All sewer access points (manholes) shall be located at the centerline of streets or cul-de- sacs unless otherwise approved by the City Engineer and Director of Public Works. 72. Provide an improved access road with a minimum width of 12 feet to all sanitary sewer manholes. The roadway shall be designed for an H-20 wheel load or other loading as approved by the City Engineer. 73. Grant on the appropriate final "B" Map a 20 feet minimum sewer and access easement for sewerlines located between residential units unless otherwise directed by the City Engineer. All other easements shall meet City standards for required width. 74. No diversion from the natural boundaries of the Poggi Canyon Sewer Basin will be allowed, unless approved by the City Engineer. 75. Prior to the approval of the first final 'B" map or site plan approval, whichever comes first, for any portion of the tentative map which was within the Poggi Canyon Basin prior to any grading, the applicant shall submit a study analyzing the capacity of sewer facilities within and downstream from the Poggi Canyon Basin. The study shall be approved by the City Engineer and shall consider all approved land development projects and anticipated future land uses that would utilize the downstream facilities. The sewer study shall update the "Overview of Sewer Service for SPA One at the Otay Ranch Project" (SPA One Sewer Report) prepared by Wilson Engineering dated June 4, 1996. PARKS/OPEN SPACE/WILDLIFE PRESERVATION 76. The SPA One project shall satisfy the requirements of the City's Park Land Dedication Ordinance (PLDO) (Chapter 17.10). The ordinance establishes a requirement that the project provide three (3) acres of local parks and related improvements per 1,000 residents. Local parks are comprised of community parks, neighborhood parks and pedestrian parks (to the extent that pedestrian parks receive partial park credit as defined below). Two thirds (2 acres/I,000 residents) of local park requirement shall be satisfied through the provision of turn-key neighborhood and pedestrian parks within SPA One. The remaining requirement (1 acre/I,000 residents) shall be satisfied through the payment of Park Acquisition and Dedication (PAD) fees, dedication of land, or a combination thereof. 77. All local parks shall be consistent with the SPA One PFFP, as may be amended from time to time, and shall be installed by the Applicant. A construction schedule, requiring all parks to be completed in a timely manner, shall be approved by the Director of Planning and Building. 78. All local parks shall be designed and constructed consistent with the provisions of the Chula Vista Landscape Manual and related Planning and Building Depathnent specifications and policies. 79. The applicant shall enter into a Chula Vista standard three party agreement with the City of Chula Vista and design consultant(s), for the design of all aspects of the neighborhood and community parks in accordance with the Master Plan whereby the Planning and Building Director selects the design consultant(s), to be funded by the applicant. The cost for the consultant(s) shall be established and said amount deposited into an account prior to any work being initiated by the consultant. The agreement shall include, but not be limited to, master planning, design development phase, construction document phase and construction supervision phase for the park sites. The construction documents shall reflect the then current requirements of the City's Code/Landscape Manual requirements. 80. The Applicant shall receive surplus park credit to the extent the combined park credit for neighborhood parks, pedestrian parks, and the community park exceeds the 3 acres per 1,000 residents standard. This surplus park credit may be utilized by the Applicant to satisfy local park requirements in future SPAs. 81. The Applicant and the City shall mutually agree on a PAD fee reimbursement schedule in coordination with the adopted construction schedule. Milestones will be established for partial reimbursement during the construction process. The City may withhold up to 20% of the park construction funds until the park has been completed and accepted. Reimbursement of PAD fees shall include the interest accrued by the City on said PAD fees minus the City's cost of processing and administering this reimbursement program. 82. Grant in fee all designated public park lands at such time as is necessary to implement the requirements of the PLDO and the PFFP. 83. Pedestrian Parks (also known as mini-parks): Pedestrian parks less than five acres, as identified in the SPA One Plan, shall be maintained by a funding entity other than the City's General Fund. Pedestrian parks shall receive a minimum of 25% and a maximum of 50% park credit, as determined by the Director of Planning and Building pursuant to the City wide small park credit criteria which shall be approved by the City Council. Parks located within guarded areas shall not receive park credit. 84. Neighborhood Parks: a. In addition to those PAD fees required by Condition No. 76, the Applicant shall pay PAD fees based on a formula of 2 acres per 1,000 residents for the first 500 dwelling units within SPA One. In the City's sole discretion, PAD fees may be required for units in excess of the first 500 dwelling units within SPA One. b. Prior to the approval of the first final map which creates residential lots ("B" Map), the applicant shall enter into a supplemental agreement where the applicant agrees to construct the first neighborhood park in SPA One, in a location 43. determined by the Director of Planning and Building, no later than issuance of the build'rog permit f6r the 500th dwelling unit within SPA One. The agreement shall also provide the following: (1) Developer shall commence construction of the first neighborhood park in SPA One, identified as Park P-l, at the location set forth in SPA One Plan and as shown on the Village One "A" Map No. 13592 thereof as lot "F", no later than issuance of the building permit for the 500th dwelling unit for the Project. The level of amenities required in said construction of the first neighborhood park shall be determihed by the Director of Planning and Building in conjunction with the park master planning effort required by the City of Chula Vista Landscape Manual. Notwithstanding anything herein to the contrary, the developer shall complete construction of the entire P-1 neighborhood park as identified in SPA One Plan within eight (8) months after commencing construction of said park. For purposes of this paragraph, "complete construction" shall mean that the construction of the park has been completed and accepted by the City as being in compliance with the Park Master Plan, but prior to the City's required mandatory maintenance period. (2) Developer agrees to commence construction of the second neighborhood park in SPA One, identified as P-2, at the location set forth in the SPA One Plan and as shown on said Village One "A" Map as lot "R". Such construction shall commence upon the earlier of: a) issuance of the building permit for the 2033th dwelling unit for SPA One, or b) if the Project is determined by the City to be in deficit in constructed neighborhood parks based upon 2 acres/I,000 residents. Such construction shall be completed within eight (8) months after commencing construction of said park. For purposes of this paragraph, "complete construction" shall mean that the construction of the park has been completed and accepted by the City as being in compliance with the Park Master Plan, but prior to the City's required mandatory maintenance period. This is not intended to supersede any of the City's maintenance guarantee requirements. The Developer and City agree to negotiate in good faith a park agreement concerning Developer's neighborhood and community park obligations for Villages 1 and 5 of SPA One. (3) At no time following completion of construction of the first phase of the first neighborhood park shall there be a deficit in "constructed neighborhood park" based upon 2 acres/I,000 residents. Applicant agrees that the City may withhold the issuance of building permits should said deficit occur. For purposes of this condition, the term "constructed 42 neighborhood park" shall mean that construction of the park has been completed and accepted by the Director of Planning and Building as being in compliance with the Park Master Plan, but prior to the mandatory 9-12 month maintenance period. This condition is not intended to supersede any of the City's maintenance guarantee requirements. (4) The Applicant shall receive reimbursement of PAD fees, proportionate to what has been constructed, should they deliver a turn-key park which has been constructed in accordance with the Parks Master Plan subject to approval by the Director of Planning and Building. c. The applicant shall grant to the City, at the "A" Map stage, an irrevocable offer of dedication for all public neighborhood parks shown on the Tentative Map. 85. Community Parks: a. Prior to the approval of each f'mal "B" Map the Applicant shall comply with the PLDO for the Community Park based upon a formula of 1 acre per 1, 000 residents, until such time as a turn-key facility has been constructed by the applicant and accepted by the Director of Planning and Building. Said mm-key facility is subject to the reimbursement mechanism set forth below. b. The first Otay Ranch Community Park, to satisfy SPA One demand, shall be located in Village 2 as identified in the GDP. c. Notwithstanding that the community park requirement (1 acre/I,000 residents) shall be satisfied through the payment of PAD fees, the Applicant shall commence construction of the first phase of the Community Park prior to issuance of the building permit for the 2,650th dwelling unit within SPA One. The first phase of construction shall include, but not be limited to, improvements such as a graded site with utilities provided to the property line and an all weather access road acceptable to the Fire Department. d. The Applicant shall commence construction of the second phase of the Community Park prior to issuance of the building permit for the 3,000th dwelling trait within SPA One. Second phase improvements shall include recreational amenities as identified in the Park Master Plan. e. The Community Park shall be ready for acceptance by the Director of Planning and Building for maintenance prior to issuance of the building permit for the 3,900th dwelling unit within SPA One. f. If the Director of Planning and Building determines that it is not feasible for the Applicant to commence construction of the first phase improvements of the 43 community park prior to issuance of the building permit for the 2,650th unit within SPA One, the~ the Director of Planning and Building shall have the option to utilize the PAD fees for said improvements, or to construct another park facility, east of the 1-805 Freeway within an acceptable service radius of SPA One, as set forth in the GDP. g. The Applicant shall provide a maintenance period of 9-12 months in accordance with the City of Chula Vista Planning and Building Deptu hnent policy. h. The Applicant shall receive reimbursement of PAD fees, proportionate to what has been constructed, excluding the cost of construction of the all weather access road, for the community park should they deliver a mm-key facility to the City in accordance with the Community Park Master Plan, subject to the approval of the Director of Planning and Building. 86. Trails/Open Space: The applicant shall construct trails as follows: a. The Regional Trail shall be located on the north side of Poggi Canyon (Olympic Parkway) for the entire length of Olympic Parkway in Village One, and shall be designed to incorporate the Olympic Parkway Landscape Master Plan by Estrada Land Planning, Inc., as approved by the the City and as amended from time to time including the "tree planting nodes" as specified in the Olympic Parkway Landscape Master Plan. Specific locations shall be subject to the approval of the Director of Planning and Building. The Regional Trail shall meander away from the curb as much as possible avoiding the "tree planting nodes" If retaining walls are necessary, they should be kept to a minimum and/or if a grading solution can be found, retaining walls will not be used to gain additional space for the street corridor. The retaining walls are to be located and detailed on the Grading Plans for Olympic Parkway and/or the Poggi Canyon Drainage Channel, and approved by the Director of Planning and Building. Slopes gradients may be increased to the maximum permitted in the grading ordinance in limited locations to accomodate the "tree planting nodes" and maintenance access ways. Landform grading policies shall be observed. If a combination of low retaining walls and modified landform grading cannot accomodate "tree planting nodes" and maintenance access areas, the top of slope shall be adjusted as necessary. Prior to the installation of the regional trail, install a fence along those portions of the proposed maintenance access roads of the Poggi Canyon Channel, which are proposed to be incorporated into the Regional Trail System. The fence shall be erected only at those locations where its installation will not interfere with the normal channel maintenance. The specific locations where the fence will be allowed and the fence details shall be as determined by the City Engineer and Director of Planning and Building. b. All trails shall be constructed concurrent with the approved Phase Seven rough grading, and connect to adjoining existing and/or proposed trails in neighboring development projects, as determined by the Director of Planning and Building. c. The maximum gradient for non-ADA compliant connector trails shall be 10%. Steeper grades of up to 12% for short runs of 50 feet may be permitted subject to the approval by the Director of Planning and Building. d. The graded section upon which the connecting trails are constructed shall be 10 feet in width. Six feet shall be provided for the trail bed, with a 2 foot graded shoulder on either side. e. Applicant shall install appropriate signage indicating location of trail connections, handicap access, and bikeway locations to the Regional Trail, and shall be approved by the Director of Planning and Building prior to the approval of the first final "B" map for Phase Seven (Purple Phase). Signage shall be installed upon the request of the Director of Planning and Building. f. Prior to the installation of the regional trail, install a fence along those portions of the proposed maintenance access roads of the Poggi Canyon Channel, which are proposed to be incorporated into the Regional Trail System. The fence shall be erected only at those locations where its installation will not interfere with the normal channel maintenance. The specific locations where the fence will be allowed and the fence details shall be as determined by the City Engineer and Director of Planning and Building. 87. Community Gardens: a. Community Gardens shall be consistent with the guidelines in the SPA One Parks, Recreation, Open Space and Trails Master Plan, including creation of the Community Garden Committee and their responsibilities. b. Water lines shall be stubbed from the nearest open space water meter to the site(s) in order to facilitate development of the Community Gardens. c. Community Garden sites shall be consistent with those identified on the tentative map. d. Maintenance of Community Gardens shall be funded by an Open Space Maintenance District, Homeowner's Association or other funding mechanism approved by the Director of Planning and Building and the City Engineer. e. Community Gardens shall not receive park credit. OPEN SPACE/ASSESSMENTS 88. Prior to the approval of the first final Map, the developer shall: a. Submit and obtain approval of an updated Open Space Maintenance Responsibilities Map from the Director of Planning and Building. b. Submit evidence acceptable to the City Engineer and the Director of Planning and Building of the formation of a Master Homeowner's Association (MHOA), or another financial mechanism acceptable to the City Manager, which includes all the properties within the approved tentative map. The MHOA shall be responsible for the maintenance of all improvements not specifically maintained by the Community Facilities District 97-1 (CFD 97-1). The MHOA shall be structured to allow annexation of future tentative map areas in the event the City Engineer and Director of Planning and Building require such annexation of furore tentative map areas. The MHOA formation documents shall be approved by the City Attorney. 89. Grade a level, clear area at least three feet wide (face of wall to top of slope), along the length of any wall abutting an open space district lot, as measured fi.om face-of-wall to beginning of slope, said area as approved by the City Engineer and the Director of Planning and Building. 90. Ensure that all buyers of lots adjoining open space lots containing walls maintained by the open space district sign a statement, when purchasing their homes, stipulating that they are aware that the walls are on City property and that they shall not modify or supplement the wall or encroach onto City property. These restrictions shall also be incorporated in the CC&R's for each lot. 91. Agree to not protest formation or inclusion in a maintenance district or zone for the maintenance of landscaped medians and scenic corridors along streets within and adjacent to the subject subdivision. 92. Grant in fee to the City on the first final map for the project, all open space lots shown on the tentative map and execute and record a deed for each of the lots to be maintained by the City through the open space district. 93. Fund the revision of the Public Facilities Development Impact Fee (PFDIF) Program, which shall be prepared by the City, as directed by the City Manager or his designee, and approved by the City Council prior to approval of the first final "B" Map. The developer shall receive 100% credits towards future PFDIF fees for funding this update. Provide a deposit of $20,000 to begin this process. All cost of revising the PFDIF shall be borne by the developer. 94. Prior to issuance of any grading permit which includes Landscaping and Irrigation (L&I) improvements to be installed in an open space lot to be maintained by the open space district, the developer shall place a cash deposit with the City which will guarantee the ma'mtenance of the L&I improvements, prior to City acceptance of said improvements, in the event the improvements are not maintained to City standards as determined by the City Engineer and the Director of Planning and Building. The amount of the deposit shall be equivalent to the estimated cost of maintaining the open space lots to City standards for a period of six months as determined by the City Engineer. Any unused portion of said deposit could be incorporated into the open space district's reserve at such time as the maintenance of the open space lot is assumed by the open space district. WATER 95. Provide to the City a letter from Otay Municipal Water District indicating that the assessments/bonded indebtedness for all parcels dedicated or granted in fee to the City have been paid or that no assessments exist on the parcel(s). 96. Present verification to the City Engineer in the form of a letter from Otay Water District that the subdivision will be provided adequate water service and long term water storage facilities. EASEMENTS 97. Grant to the City a 10' wide easement for general utility purposes along public street frontage of all open space lots offered for dedication to the City unless otherwise approved by the City Engineer. Ensure to the satisfaction of the Director of Planning and Building that sufficient room is available for street tree planting when locating utilities within this easement. 98. Indicate on the appropriate "B" Map a reservation of easements to the future Homeowners' Association for private storm dram and within open space lots as directed by the City Engineer. Obtain, prior to approval of any final "B" Map, ail off-site right-of-way necessary for the installation of the required improvements for that subdivision thereto. The developer shall also provide easements for all on-site and off-site public drainage facilities, sewers, maintenance roads, and any other public facilities necessary to provide service to the subject subdivision. 47 99. Notify the City at least 60 days prior to consideration of the fmal map by City if off-site right-of-way cannot be obtained as required by the Conditions of approval. (Only off-site right- of-way or easements affected by Section 66462.5 of the Subdivision Map Act are covered by this condition.) After said notification, the developer shall: a. Pay the full cost of acquiring off-site fight-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 easements and/or fight-of-way documents and plats prepared and appraisals complete which are necessary to commence condemnation proceedings as determined by the City Attorney. d. Request that the City use its powers of Eminent Domain to acquire right-of-way, easements or licenses needed for off-site improvements or work related to the final map. The developers shall pay all costs, both direct and indirect incurred in said acquisition. The requirements of a, b, and c above shall be accomplished prior to the approval of the appropriate Final Map. 100. Grant easements to subsequent owners pursuant to Section 18.20.150 of the City Code on any final map that proposes private utilities or drainage facilities crossing property lines as directed by the City Engineer. 101. Grant to City on the appropriate final "B' Map two foot access easements along the rear and side property line of lots adjoining walls to be maintained by the open space district. The locations of these easements shall be as required by the Director of Planning and Building and the City Engineer to provide adequate access for maintenance of said walls. 102. Storm drain easements shall be private unless the storm drain systems therein are public. 103. Where a private storm drain easement will parallel a public sewer easement, the easements shall be delineated separately on the final map and on the grading and improvement plans. If any portion of the easements will overlap one another, the City shall have a superior right to the common portion of the easements. AGREEMENTS/FINANCIAL 104. Enter into a supplemental agreement with the City, prior to approval of each final "B" Map, where the developer agrees to the following: a. That the City may withhold building pemaits for the subject subdivision if any one of the following occur: (1) Regional development threshold limits set by the adopted East Chula Vista Transportation Phasing Plan have been reached. (2) Traffic volumes, levels of service, public utilities and/or services exceed the threshold standards in the then effective Growth Management Ordinance. (3) The applicant does not comply with the terms of the Reserve Fund Program. b. That the City may withhold building permits for any of the phases of development identified in the Public Facilities Financing Plan (PFFP) for Otay Ranch SPA One if the required facilities, as identified in the PFFP or as amended by the Annual Monitoring Program, have not been completed. c. Defend, indemnify, and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Council or any approval by its agents, officers, or employees with regard to this subdivision provided the City promptly notifies the subdivider of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. d. Hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting from this project. e. Ensure that all franchised cable television companies ("Cable Company") are permitted equal opportunity to place conduit and provide cable television service to each lot on public streets within the subdivision. Restrict access to the conduit to only those franchised cable television companies who are, and remain in compliance with, all of the terms and conditions of the franchise and which are in further compliance with all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be issued by the City of Chula Vista. f. Include in the Articles of Incorporation or Charter for the Homeowners' Association (HOA) provisions prohibiting the HOA from dedicating or conveying 49 for public streets, land used for private streets without approval of 100% of all the HOA members. g. That the City may withhold the issuance of building perm/ts for the Project, should the Developer be determined by the City to be in breach of any of the terms of the Tentative Map Conditions or any Supplemental Agreement. The City shall provide the Developer of notice of Such determination and allow the Developer reasonable time to cure said breach. 105. Enter into an supplemental agreement with the City prior to approval of the first final "B" Map, where the developer agrees to the following: a. Participate, on a fair share basis, in any deficiency plan or financial program adopted by SANDAG to comply with the Congestion Management Program (cme). b. To not protest the formation of any future regional impact fee program or facilities benefit district to finance the construction of correctional facilities. SCHOOLS 106. The Applicant shall deliver to the School District a graded high school site including utilities provided to the site and an all weather access road acceptable to the District prior to issuance of the 1,400th building permit. The all weather access road shall also be acceptable to the Fire Department. This schedule is subject to modification by the School District as based on District facility needs. 107. The Applicant shall deliver to the School District, a graded elementary school site including utilities provided to the site and an all weather access road acceptable to the District, located within Village One, prior to issuance of the 500th residential building permit (150 students) within SPA One. The all weather access road shall also be acceptable to the Fire Department. This schedule is subject to modification by the School district as based on District facility needs. 108. The Applicant shall deliver to the School District, a graded elementary school site including utilities provided to the site and an all weather access road acceptable to the District, located within Village Five, prior to issuance of the 2,500th residential building permit (750 students) within SPA One. The all weather access road shall also be acceptable to the Fire Department. This schedule is subject to modification by the School District as based on District facility needs. 109. The applicant shall deliver to the School District, a graded elementary school site including utilities provided to the site and an all weather access road acceptable to the District, 50 located west of Paseo Ranchero, prior to issuance of the 4,500th residential building permit (1,350 students) within SPA One. The all weather access road shall also be acceptable to the Fire Department. This schedule is subject to modification by the School District as based on District facility needs. MISCELLANEOUS 110. Include in the Declaration of Covenants, Conditions and Restrictions (CC&R's) provisions assuring maintenance of all streets, driveways, drainage and sewage systems which are private. The City of Chula Vista shall be named as party to' said Declaration authorizing the City to enforce the terms and conditions of the Declaration in the same manner as any owner within the subdivision. The CC&R's shall also include language which states that any proposal by the HOA for dedication or conveyance for public purposes of land used for private streets will require prior written approval of 100% of all the Homeowners' Association members. 111. Submit copies of Final Maps, grading and improvement plans in a digital format such as (DXF) graphic file prior to approval of each Final Map. Provide computer aided Design (CAD) copy of all Final Maps based on accurate coordinate geometry calculations and submit the information in accordance with the City Guidelines for Digital Submittal in duplicate on media acceptable to the City Engineer prior to the approval of each Final Map. t 12. Tie the boundary of the subdivision to the California System -Zone VI (1983). 113. The Applicant shall secure approval of a Master Precise Plan for the Village One Core Areas, prior to or concurrent with submitting any development proposals for commercial, multi- family and Community Purpose Facility areas within the Village One Core. 114. Pursuant to the provisions of the Growth Management Ordinance (Section 19.09 of the CVMC) and the Otay Ranch General Development Plan (GDP), the Applicant shall complete the following: (1) Fund the preparation of an annual report monitoring the development of the community of Otay Ranch. The annual monitoring report will analyze the supply of, and demand for, public facilities and services governed by the threshold standards. An annual review shall commence following the first fiscal year in which residential occupancy occurs and is to be completed during the second quarter of the following fiscal year. The annual report shall adhere to those guidelines noted on page 353, Section D of the GDP/SRP; and (2) Prepare a five year development phasing forecast identifying targeted submittal dates for future discretionary applications (SPAs and tentative maps), projected construction dates, corresponding public facility needs per the adopted threshold standards, and identifying financing options for necessmy facilities. 115. The Developer shall be responsible for retaining a project manager to coordinate the processing of discretionary permit applications originating from the private sector and submitted to the City of Chula Vista. The project manager shall establish a formal submittal package 53_ required of each developer to ensure a high standard of design and to ensure consistency with standards and policies identified in the adopted SPA Plan. The project manager shall have a well rounded educational background and experience, including but not limited to land use planning and architecture. 116. The applicant shall submit copies of any proposed CC&R's for review and approval by the Director of Planning and Building and the City Engineer prior to approval of each final "B" Map. 117. The CPF-2 site located within Village One, shall be congidered a floating designation and shall be located in Neighborhood R-15. A schematic project design for this site will be submitted, reviewed and approved by the Director of Planning and Building concurrently with the Precise Plan for this area. 118. If developer desires to do certain work on the property after approval ofthe tentative map but prior to recordation of the applicable final "B" Map, they may do so by obtaining the required approvals and permits from the City. The permits can be. approved or denied by the City in accordance with the City's Municipal Code, regulations and policies. Said permits do not constitute a guarantee that subsequent submittals (i.e., final "B" Map and improvement plans) will be approved. All work performed by the developer prior to approval of the applicable "B" Map shall be at developer's own risk. Prior to permit issuance, the developer shall acknowledge in writing that subsequent submittals (i.e., final "B" Map and improvement plans) may require extensive changes, at developers cost, to work done under such early permit. Prior to the issuance ora permit, the developer shall post a bond or other security acceptable to the City in an amount determined by the City to guarantee the rehabilitation of the land if the applicable final "B" Map does not record. 119. Slopes in excess of 2 feet above the adjacent curb elevation of residential streets shall be landscaped in accordance with the City of Chula Vista landscape manual and approved by the Director of Planning and Building. The slope areas shall be within open space lots that shall be maintained by a Homeowners Association. This slope landscaping/open space lot requirement shall apply to the front and side yard areas of individual residential units, including the return portion of comer lots as well. The open space lot boundary shall extend to a logical break in maintenance responsibility such as a driveway, a utility pad or other physical demarcation. PHASING 120. If the applicant modifies the SPA One approved phasing plan, the applicant shall submit to the City a revised phasing plan for review and approval prior to approval of the first final "B" Map. The PFFP shall be revised where necessary to reflect the revised phasing plan. 52 121. If phasing is proposed within an individual map or through multiple final maps, the developer shall submit and obtain approval for a development phasing plan by the City Engineer and Director of Planning and Building prior to approval of any final map. Improvements, facilities and dedications to be provided with each phase or unit of development shall be as determined by the City Engineer and Director of Planning and Building. The City reserves the right to require said improvements, facilities and/or dedications as necessary to provide adequate circulation and to meet the requirements of police and fire departments. The City Engineer and Director of Planning and Building may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. 122. The Public Facilities Finance Plan or revisions thereto shall be adhered to for the SPA and tentative map with improvements installed in accordance with said plan or as required to meet threshold standards adopted by the City of Chula Vista. The PFFP identifies a facility phasing plan based upon a set of assumptions concerning the location and rate of development within and outside of the project area. Throughout the build-out of SPA One, actual development may differ from the assumptions contained in the PFFP (i.e., the development of EastLake III). Neither the PFFP nor any other SPA One document grant the Applicant an entitlement to develop as assumed in the PFFP, or limit the SPA One's facility improvement requirements to those identified in the PFFP. Compliance with the City of Chula Vista threshold standards, based on actual development patterns and updated forecasts in reliance on changing entitlements and market conditions, shall govern SPA One development patterns and the facility improvement requirements to serve such development. In addition, the sequence in which improvements are constructed shall correspond to any future Eastern Chula Vista Transportation Phasing Plan or amendment to the Growth Management Program and Ordinance adopted by the City. The City Engineer may modify the sequence of improvement construction should conditions change to warrant such a revision. Concurrent with the approval of the first final map approved after the PFFP for the EastLake III GDP Area, the Applicant shall update, at the Applicant's expense and subject to a Reimbursement Agreement, the SPA One PFFP and agrees that the City Engineer may change the timing of construction of the public facilities, including without limitation, the nature, sizing, extent and timing for the construction of public facilities caused by SPA One, which shall become a condition for all subsequent SPA One entitlements, including tentative and final maps. CODE REQUIREMENTS 123. Comply with all applicable sections of the Chula Vista Municipal Code. Preparation of the Final Map and all plans shall be in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual. 124. Underground all utilities within the subdivision in accordance with Municipal Code requirements. 125. Pay the following fees in accordance with the City Code and Council Policy: 53 a. The Transportation and Public Facilities Development Impact Fees. b. Signal Participation Fees. c. All applicable sewer fees, including but not limited to sewer connection fees. d. Interim SR-125 impact fee. e. Telegraph Canyon Sewer Basin DIF. f. Poggi Canyon Sewer Basin DIF as may be adopted by the City in the future. g. Telegraph Canyon Basin Drainage DIF. h. Reimbursement District for Telegraph Canyon Road Phase 2 Undergrounding. i. Otay Ranch Reserve Fund fee. j. Pedestrian Bridges Development Impact Fee Pay the amount of said fees in effect at the time of issuance of building permits. 126. 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. 127. Ensure that prospective purchasers sign a "Notice of Special Taxes and Assessments" pursuant to Municipal Code Section 5.46.020 regarding projected taxes and assessments. Submit disclosure form for approval by the City Engineer prior to Final Map approval. 128. Comply with Council Policy No. 570-03 if pump stations for sewer purposes are proposed. 129. Comply with Council Policy No. 522-02 regarding maintenance of natural channels within open spaces. 130. The applicant shall comply with all aspects of the City of Chula Vista Landscape Manual. 131. All proposed development shall be consistent with the Otay Ranch SPA One Planned Community District Regulations. 132. The Applicant shall comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management) as may be amended from time to time by the City. Said chapter includes but is not limited to: threshold standards (19.09.04), public facilities finance plan implementation (19.09.090), and public facilities finance plan amendment procedures (19.09.100). The applicant acknowledges that the City is presently in the process of amending its Growth Management Ordinance to add a proposed Section 19.09.105, to establish provisions necessary to ensure compliance with adopted threshold standards (particularly traffic) prior to construction of State Route 125. Said provisions will require the demonstration, to the satisfaction of the City Engineer, of sufficient street system capacity to accommodate a proposed development as a prerequisite to final map approval for that development, and the applicant hereby agrees to comply with adopted amendments to the Growth Management Ordinance. 133. Upon submittal of building plans for small lot single family (5,000 square feet or less as de£med in the City of Chula Vista Design Manual) residential development, plans shall clearly indicate that 750 square feet of private open space will be provided within the subdivision. 134. Development of the subdivision shall comply with all applicable regu!ations established by the United States Environmental Protection Agency CUSEPA) as set forth in the National Pollutant Discharge Elimination System (N.P.D.E.S.) permit requirements for urban runoff and storm water discharge and any regulations adopted by the City of Chula Vista pursuant to the N.P.D.E.S. regulations or requirements. Further, the applicant shall file notice of intent with the State Water Resources Control Board to obtain coverage under the N.P.D.E.S. General Permit for Storm Water Discharges Associated with Construction Activity and shall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. The SWPPP shall include both construction and post construction pollution prevention and pollution control measures and shall identify funding mechanisms for post construction control measures. GUARDED AREAS 135. The following locations as proposed by the applicant are authorized for guarded entrances: Santa Alicia Drive and Santa Rita in Village One, Phase Seven. 136. Guarded entrances shall not have physical barriers. Guarded entrances shall be staffed from dusk until dawn, unless the MHOA or the applicant determines it is economically impractical. Physical barriers shall be prohibited at the entrances to guarded areas unless specifically approved by City Council 137. All streets within guarded areas shall be designated as private. Design of said streets shall meet the City standards for public streets unless otherwise approved by the City Engineer. Private street cross sections shall conform to those shown on the Tentative Map. 138. All private streets within Final "B" Maps shall be included in separate lots. The applicant shall provide a certificate granting to the City a public utility easement over the entire private street lots on the appropriate Final "B" Map. All private streets shall be owned as an equal and undivided interest by each subsequent property within the subdivision. 139. Guarded entrances shall: a. Require approval by the City Engineer and the Director of Planning and Building. b. Provide sufficient mom on the private roadway to queue without interrupting traffic on public streets. c. Provide a mm around. The size and location of said turn around shall be approved by the City Engineer. d. Provide a clearly delineated border between public and private streets through the use of distinctive pavements. e. Provide a dedicated parking space for the gate attendant to be shown on appropriate grading and/or improvement plans. f. Be equipped with a video camera to record entering and exiting vehicles. 140. The CC&R's shall prohibit "speed bumps" on private streets. The CC&R's shall also include language which states that any proposal by the HOA to allow "speed bumps" in the future shall require prior written approval of 100% of all the Homeowner's Association members. 141. Establish Homeowners Associations (HOA) to provide for the maintenance of private storm drains, private open space lots, slope areas, landscape and irrigation and walls within each subdivision prior to the approval of the associated Final "B" Maps and include such requirements in the CC&R's. 142. Prior to approval of any "B" Map proposing private streets, the applicant shall initiate and complete the process enabling the City to enforce the California Vehicle Code on said private streets. 143. The MHOA shall be responsible for the maintenance and operation of all facilities within the common areas and streets behind the guarded entrance and such responsibility shall be included in the CC&R's. The facilities to be maintained include, but are not limited to, pavements, sidewalks, street trees, street lights including energy, street sweeping, private drainage facilities and landscaping of private common areas. The only facilities to be maintained by the City are mainline sewers and public concrete drainage facilities (i.e., pipes and catch basins). 144. Future property owners shall be notified during escrow, by a document to be initialed by the owners, and approved by the City Engineer and Director 6f Planning and Building, of the maintenance responsibilities of the MHOA and their estimated annual cost. 145. The applicant shall comply with all previous Agreements as they pertain to the tentative map, including but not limited to: Maintenance Agreements, Financing Agreements, and the Supplemental Subdivision Improvement Agreement for previously approved Village One "A" Map (Map thereof No. 13592, Resolution No. 19044) and subsequent "B' Map Agreements thereto. SCHEDULE "1" COUNCIL AGENDA STATEMENT Item ~ Meeting Date 10/17/00 ITEM TITLE: Resolution Approving Final "B" Maps for Otay Ranch SPA One Village One West, Chula Vista Tract No. 98-06 Neighborhoods R-51A, R-51B, R-52 and R-53. Accepting on behalf of the City of Chula Vista, Assignable anal Irrevocable General Utility and Access Easements, granted on said Maps within said Subdivisions, approving the Subdivision Improvement Agreements and authorizing the Mayor to execute said agreement. Resolution Approving the "B" Map Supplemental Subdivision Improvement Agreement for Chula Vista Tract No. 98-06, Neighborhoods R-5 lA, R-5 lB, R-52 and R-53, Portion of Village One West, Otay Ranch SPA One, requiring Developer to comply with certain unfulfilled conditions of Resolution No. 19572 and authorizing the Mayor to Execute Said Agreement SUBMITTED BY: Director of Public Works REVIEWED BY: City Manage (4/5tbs Vote: Yes No X ) On August 17, 1999, by Resolution No. 19572, the City Council approved a Tentative Subdivision Map for Chula Vista Tract 98-06, Otay Ranch, SPA One, Village One West. On August 22, 2000 by Resolution 2000-301, the Council approved Village One West "A" Map No. 1. The Council will consider the approval of four Final "B" Maps within Village One West. RECOMMENDATION: That Council adopt the following: 1. Resolution approving the Final "B" Maps. 2. Resolution approving the "B" Map Supplemental Subdivision Improvement Agreement. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable DISCUSSION: The project is generally located south of Telegraph Canyon Road and west of Paseo Ranchero within the area of Otay Ranch Village One designated as Otay Ranch Village One West. The "B" maps consist of 200 numbered lots and 33 lettered lots with a total area of 51.22 acres (see Attachment 1). The final maps have been reviewed by the Public Works Department and found to be in substantial conformance with the approved Tentative Map. Approval of the maps constitute acceptance by the City of all assignable and irrevocable general access and utility easements within the Subdivision. The developer has executed an "A" Map Supplemental Subdivision Improvement Agreement, which addresses several on-going conditions of the tentative map. Page 2, Item /~ Meeting Date 10/17/00 The Developer has secured its share of the development portion of the Park Acquisition and Development (PAD) fees for SPA One neighborhood and community parks. The Developer has provided an Irrevocable Offer of Dedication of Fee Interest for its portion of the land acquisition obligation for community parks with the approval of the first fmal "B" Map in Village One (Neighborhood R-3, approved 10/6/98, Resolution No. 19210). The Telegraph Canyon Drainage Basin DIF in the mount of $234,513.49 has been paid. The Developer has bonded for and agrees to complete all on and off-site street improvements required for the approval of these "B" Maps within two years following map approval, or sooner if construction permits for the required improvements have been issued. East Palomar Street Improvements Off-site improvements, for which the Developer is obligated per the SPA One Public Facility Finance Plan and the Olympic Parkway Agreement, include the portion of East Palomar Street within the Sunbow II development, between Pasco Ladera and the eastern boundary of the Subdivision. Sunbow developer is also obligated to construct this section of East Palomar Street with the last remaining fmal maps in Sunbow II. However, the final map EDU thresholds of the Olympic Parkway Agreement require that the street be secured prior to the approval of the 1788t~ equivalent dwelling unit (EDU) in Otay Ranch's portion of SPA One. The 1788t~ EDU is within the Subdivision. The Otay Ranch Company has requested that the bonds that they have provided for this section of East Palomar Street be released upon Sunbow's secured agreement to construct the street. FISCAL IMPACT: None to the City. Developer has paid all costs associated with the proposed "A" Map and agreement. Attachments: Attachment 1: Plat - Chula Vista Tract 98-06, Otay Ranch, Village One West, Neighborhoods R-51A, R-51B, R- 52 and R-53 Attachment 2: Minutes of 8/17/99 (Resolution No. 19572) Attachment 3: Developer's Disclosure Statement DRS File No. 0600-80-OR306F, OR307F, OR308F and OR309F H:\HOME\ENG1NEER\AGENDA\V 1 West_ 1 stBMAPS.doc A'FrACHMENT Page 3 - Council Minutes 08/17/99 CONSENT CALENDAR (Continued) ACTION: Mayor Horton moved to approve staff recommendations and offered the Consent Calendar, headings read, texts waived. The motion carded 5-0, except with regard to Item #10, which carried 4-0-1, with Councilmember Moot abstaining. ORAL COMMUNICATIONS Mr. Walter Thatcher, 730 Glover Street, spoke in opposition to the Planning Commission's approval of a large day care home across the street from his residence and objected to the $1,000 fee to appeal the Commission's decision to the Council. Mr. Thatcher was advised to contact the City Manager to obtain a waiver of the appeal fee, and Mayor Horton asked that the matter be brought before the Council for consideration. PUBLIC HEAR1N~S AND RELATED RESOLUTIONS AND ORDiNANCES 11. PUBLIC HEARING PCS 98-06; CONSIDERATION OF A TENTATIVE SUBDIVISION MAP FOR VILLAGE ONE WEST OF OTAY RANCH SECTIONAL PLANNING AREA ONE PLAN, TRACT 98-06; APPLICANT: THE OTAY RANCH COMPANY RESOLUTION 10572, APPROVING A TENTATIVE SUBDIVISION MAP FOR VILLAGE ONE WEST OF THE OTAY RANCH SECTIONAL PLANNING AREA ONE PLAN, TRACT 98-06, AND MAKING THE NECESSARY FINDINGS The Otay Ranch Company has applied to subdivide Village One West of the Otay Ranch Sectional Planning Area One Plan into 774 lots on 275 acres. The application proposes 684 single-family residential lots, a 6-acre neighborhood park, a 1 O-acre elementary school site, right-of-way reservation for the furore Metropolitan Transit Development Board Light Rail Transit System, and open space lots. Included in the application is an "Alternative Map," which includes properties identified as "Out-Parcels," that subdivides approximately 294 acres into a total of 901 lots. Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Principal Planner Rosaler made a slide presentation explaining the proposed subdivision. Mayor Horton opened the public hearing. Kent Aden, representing The Otay Ranch Company, stated that one of the primary issues concerns the level of development whichwill trigger the construction of the P-13 neighborhood park. Staff would like construction of the park to commence with the issuance of the 300th building permit for the project, and his company would like to commence the park's construction when the 400th permit is issued. He also spoke regarding the grid street system for Neighborhoods R-55 and R-58, stating that the company prefers the design recommended by the Planning Commission, rather than the one Page 4 - Council Minutes 08/17/99 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES (Continued) proposed by staff, to allow view lots and less grading. He also commented on the proximity of some lots to the trolley line and stated that potential noise levels will be disclosed to future buyers, and the noise will be mitigated by installing air conditioning systems and sound walls. He asked the Council to approve the proposed subdivision, the alternative map, and the Planning Commission's recommendations for the project. ACTION: Following Council discussion, Councilmember Moot moved to delete Lots #36 and #43 in Neighborhood R-50, Lot #8 in Neighborhood 5lA, and Lot #45 in Neighborhood 52A from the Alternative Map to mitigate future light rail noise impacts to single-family homes and to include the lot area in Open Space Lots #29 and #30. Mayor Horton seconded the motion, and it carried 4-1, with Councilmember Davis voting in opposition. ACTION: Mayor Horton moved to require construction of Park P-13 commencing with the issuance of the building permit for the 400th dwelling unit. Councilmember Davis seconded the motion, and it carried 5-0. ACTION: Councilmember Moot moved to approve the applicant's proposed lot configuration as shown on the Altemative Map and to adopt Resolution Nol 19572, heading read, text waived. Councilmember Padilla seconded the motion, and it carried 5-0. 12. PUBLIC HEARING REGARDING CONSIDERATION OF DECLARATION OF INTENTION TO FORM AND ESTABLISH COMMUNITY FACILITIES DISTRICT 99-1 (OTAY RANCH SPA ONE - PORTIONS OF VILLAGE ONE, VILLAGE FIVE, AND VILLAGE ONE WEST); AND DECLARATION OF NECESSITY TO INCUR A BONDED INDEBTEDNESS, PURSUANT TO THE PROVISIONS OF THE "MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982", FOR THE PURPOSE OF ACQUISITION OF CERTA1N PUBLIC FACILITIES THROUGH THE ISSUANCE OF BONDS SECURED BY SPECIAL TAXES On July 13, 1999, Council approved a resolution of intention to form Community Facilities District No. 99-1 and set the public hearing for August 17, 1999. The district will fund the construction of public facilities serving the Otay Ranch SPA One, portions of Village One, Village Five and Village One West. The action proposed at this meeting will continue the formal proceedings leading to the establishment of Community Facilities District No. 99-1. Recommendation: The public heating be continued to August 24, 1999. (Director of Public Works) Notice of the heating 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 heating. ACTION: Mayor Horton moved to continue the heating to August 31, 1999, as recommended. Councilmember Davis seconded the motion, and it carried 5-0. CITY OF CHULA VISTA DISCLOSURE STATEMENT You are required to file a Statement of Disclosure of certain ownership or financial interests, payments, or campaign contributions on all matters which will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: 1. List the names of all persons having a financial interest in the property which is the subject of the application or the Contract, e.g., owner, applicant, Contractor, subcontractor, material supplier, etc. 2. If any person* identified pursuant to (1) above is a corporation or parmership, list the names of all individuals owning more than 10% of die shares in the corporation or owning any partnership interest in the partnership. 3. If any person* identified pursuant to (1) above is a non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. 4. Have you had mom than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees, and Council within the past twelve months? Yes.._ No_~If yes, please indicate person(s): 5. Please identify each and every person, including agents, employees, consultants, or independent Contractors who you have assigned to represem you before the City in this matter. 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Council member in the current or preceding election period? Yes.__ No~'If yes, state which Council member(s): * * * (NOTE: Attach Additional Pages as Necessary) * * * Signgtore of Con/xactor/Applicant Printed or Typed Name of Contractor/Applicant * Person is defined as: "Any individual, firm, co-partnership, joint venture, association, social club, paternal organization, corporation, estate, trust, receiver, syndicate, this and any other county, city, or country, city municipality, district, or other political subdivision, or any other group or combination acting as a unit. H:\HOME\ENGINEER\LANDDEV\FORMS\DISCLOSE.FRM CITY OF CHULA VISTA DISCLOSURE STATEMENT You are required to fde a Statement of Disclosure of certain ownership or financial interests, payments, or campaign contributions on all matters winch will require discretionary action on the part of die City Council, Planning Commission, and all other official bodies. The following information must be disclosed: 1. List the names of all persons having a financial interest in the property which is the subject of the application or the Contract, e.g., owner, applicant, Contractor, subcontractor, material supplier, etc. 2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any parmership interest in the partnership. 3. If any person* identified pursuant to (1) above is a non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. 4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees, and Council within the past twelve months? Yes__ No~ If yes, please indicate person(s): 5. Please identify each and every person, including agents, employees, consultants, or independent Contractors who you have assigned to represent you before the City in this matter. 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Council member in the current or preceding election period? Yes__ No_~c If yes, state which Council member(s): * * * (NOTE: Attach Additional Pages as Necessary) * * * SFgndture bf Contractor/Applicant ' Printed or Typed 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, this and any other county, city, or country, city municipality, district, or other political subdivision, or any other group or combination acting as a unit. H:\HOME\ENGINEER\LANDDEV\FORMS\DISCLOSE.FRM RESOLUTION NO. RESOLUTION OF THE CITY OF CHULA VISTA APPROVING FINAL MAPS OF CHULA VISTA TRACT NO.98-06, OTAY RANCH, VILLAGE ONE WEST, NEIGHBORHOODS R~51A, R-51B, R-52 AND R-53. ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA GENERAL UTILITY AND ACCESS EASEMENTS, AND WALL EASEMENTS GRANTED ON SAID MAPS WITHIN SAID SUBDIVISIONS, APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENTS FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISIONS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby finds that certain map survey entitled Chula Vista Tract, NO.98-06, Otay Ranch, Village One West, Neighborhoods R-51A and more particularly described as follows: Portion of Lot 1 of Otay Ranch, Village One West "A" Map No. 1, Chula Vista Tract No. 98-06 according to the map thereof No. 14029 in the City of Chula Vista, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County on August 30, 2000. Area: 15.574 Acres No. of Lots: 72 Numbered Lots: 62 Lettered Lots: 10 Open Space Lots: 0.153 Acres is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said ~nap and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED, said Council hereby accepts on behalf of the City of Chula Vista sixty-two (62) foot wide general utility and access easements within Lots "A", "B" and "D" for installation of public utilities, noting that use of said general utility and general access easements by others is subject to written permission and issuance of an Encroachment Permit from the City of Chula Vista, all as shown on this map within this subdivision, subject to the conditions set forth thereon. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be and she is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that those certain easements with the fight of ingress and egress for general utility, and general access, as granted thereon and shown on said map within said subdivision, are accepted on behalf of the City of Chula Vista as herein above stated. BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement dated the for the completion of improvements in said subdivision, a copy of which is on file in the office of the City Clerk, is hereby approved. H:\SHARED~Attorney\RESO Village One West No.l.doc 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, NO.98-06, Otay Ranch, Village One West, Neighborhoods R-5 lB and more particularly described as follows: Portion of Lot 1 of Otay Ranch, Village One West "A" Map No. 1, Chula Vista Tract No. 98-06 according to the map thereof No. 14029 in the City of Chula Vista, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County on August 30, 2000. Area: 7.905 Acres No. of Lots: 34 Numbered Lots: 27 Lettered Lots: 7 Open Space Lots: 0.104 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 City of Chula Vista the sixty-two (62) foot wide general utility and access easement within Lots "A", "B" and "C' for installation of public utilities, the two (2) foot wall easement, noting that use of said general utility and general access easements by others is subject to written permission and issuance of an Encroachment Permit from the City of Chula Vista, all as shown on this map within this subdivision, subject to the conditions set forth thereon. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be and she is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that those certain easements with the right of ingress and egress for general utility, and general access, as granted thereon and shown on said map within said subdivision, are accepted on behalf of the City of Chula Vista as hereinabove stated. BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement dated the for the completion of improvements in said subdivision, a copy of which is on file in the office of the City Clerk, is hereby approved. 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, NO.98-06, Otay Ranch, Village One West, Neighborhoods R-52 and more particularly described as follows: Lot 2 of Otay Ranch, Village One West "A" Map No. 1, Chula Vista Tract No. 98-06 according to the map thereof No. 14029 in the City of Chula Vista, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County on August 30, 2000. Area: 18.725 Acres No. of Lots: 85 Numbered Lots: 75 Lettered Lots: 10 Open Space Lots: 0.370 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. H:\SHARED~,ttorney\RESO Village One West No. 1 .doc BE IT FURTHER RESOLVED, said Council hereby accepts on behalf of the City of Chula Vista the sixty-two (62) foot wide general utility and access easement within Lots "A", "B" "C" and "D" for installation of public utilities, the two (2) foot wall easement, noting that use of said general utility and general access easements by others is subject to written permission and issuance of an Encroachment Permit from the City of Chula Vista, all as shown on this map within this subdivision, subject to the conditions set forth thereon. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be and she is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that those certain easements with the right of ingress and egress for general utility, and general access, as granted thereon and shown on said map within said subdivision, are accepted on behalf of the City of Chula Vista as hereinabove stated. BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement dated the for the completion of improvements in said subdivision, a copy of which is on file in the office of the City Clerk, is hereby approved. 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, NO.98-06, Otay Ranch, Village One West, Neighborhoods R-53 and more particularly described as follows: Lot 3 of Otay Ranch, Village One West "A" Map No. 1, Chula Vista Tract No. 98-06 according to the map thereof No. 14029 in the City of Chula Vista, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County on August 30, 2000. Area: 9.011 Acres No. of Lots: 42 Numbered Lots: 36 Lettered Lots: 6 Open Space Lots: 0.305 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 City of Chula Vista the sixty-two (62) foot wide general utility and access easement within Lots "A", and "B" for installation of public utilities, the two (2) foot wall easement, noting that use of said general utility and general access easements by others is subject to written permission and issuance of an Encroachment Permit from the City of Chula Vista, all as shown on this map ~vithin 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, as granted thereon and shown on said map within said subdivision, are accepted on behalf of the City of Chula Vista as hereinabove stated. H:\SHARED~Attorney\RESO Village One West No. 1.doc BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement dated the for the completion of improvements in said subdivision, a copy of which is on file in the office of the City Clerk, is hereby approved. BE IT FURTHER RESOLVED that 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 Joh~ffn-hKaheny, City Attom6~ Public Works H:\SHAREDtAttorney\RESO Village One West No.l.doc Recording Requested by: CITY CLERK When Recorded, Mail to: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, Ca. 91910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Declarant SUBDIVISION IMPROVEMENT AGREEMENT ~ ,THIS AGREEMENT, made and entered into this~ day of ~3J~ , 2000, by and between THE CITY OF CHU~A VISTA, a m~cipai corporation, hereinafter called "City", and RWR Companies, 3130 Bonita Road, Suite 200B, Chula Vista, CA 91910, hereinafter called "Subdivider" with reference to the facts set forth below, which Recitals constitute a part of this Agreement; RECITALS: WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as OTAY RANCH VILLAGE ONE WEST, SPA ONE, NEIGHBORHOOD R-51A, ~HULA VISTA TRACT NO. 98-06, 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. 19572, approved on the 17th day of August, 1999 ("Tentative Map Resolution"); and WHEREAS, complete plans and specifications for the construction, installation and completion of said public improve- ment work have been prepared and submitted to the City Engineer, as shown on Drawing Nos. 00081-1 through 00081-8 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 Six Hundred Thirty-Eight Thousand One Hundred Seventy-Six Dollars and No Cents ($638,176.00). 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 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 Three Hundred Nineteen Thousand Eighty-Eight Dollars and No Cents ($319,088.00) 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 Three Hundred Nineteen Thousand Eighty-Eight Dollars and No Cents ($319,088.00) to secure the payment of material and labor in connection with the installation of said public improvements, which security is attached hereto, marked Exhibit "B" and made a part hereof and the bond amounts as contained in Exhibit "B", and made a part hereof. 8. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of Eleven Thousand Five Hundred Dollars and No Cents ($11,500.00) 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 shal'l 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 10ng 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. SUBDIVISION'IMPROVEMENT AGREEMENT OTAY RANCH VILLAGE ONE WEST, SPA ONE NEIGHBORHOOD R-51A, CHULA VISTA TRACT NO. 98-06 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA RWR COMPANIES ~ n=.~ .~.~ ~* Sig~__=t,L~e D=ge Mayor of the City of Chula Vista ATTEST city Clerk Approved as to form by City&r~ttorney ~ (Attach Notary Acknowledgment) PAGE TWO OF TWO SIGNATURE PAGES TO SUBDIVISION IMPROVEMENT AGREEMENT OTAY RANCH VILLAGE ONE WEST, SPA ONE NEIGHBORHOOD R-5 lA, CHULA VISTA NO. 98-06 LB/L-RWR OTAY 62 LLC, a Delaware limited liability company By: LB/L-RWR Master LLC,a Delaware limited liability company, its Member By: LB/Lakeside Capital Partners LLC, ~a~tawa~mited liability company, its LB/L-RWR OTAY 91 LLC, ~ a Delaware limited liability company By: LB/L-RWR Master LLC,a Delaware limited liability company, its Member By: LB/Lakeside Capital Partners LLC, a Delaware limited liability company, its ember (ATTACH NOTARY ACKNOWLEDGMENTS FOR ALL ABOVE SIGNATURES) State of ~;/~,~ RIGHT THUMBPRINT (Opt~nal) (DATEI ~ ' '{NAME/TITLE oF O~:'~ICER-i.e."~JA~. DOE. NG~T~RY PUBLIC"I INAME(BI OF SIGNERISB CAPACITY CLAIMED BY $1GNEB(S) [:]INDIVIDUA L(S} [::]CORPORATE [] personally known to me-OR-XJ~Z] proved to me on the OEE~CER(S~ / basis of satlstactory E]PARTNERI$) [~ LIMITED evidence to be the [~]OENERAL person(s) whose name(s) ~]A~rORNE¥ IN FACT Is/are subscribed to the D~RUSTEE~S~ within instrument and []GUARDIAN/CONSERVATOR acknowledged to me th. at nOT,ER: ~,,,-.,~ he/she/t.hey executed the PA same in his/her/their ~ COMM. # 1205124 ~ authorized capacity(les), SIGNER IS REPRESENTING: ~. ~orARy PUeUC.C~U.OR~ ~ and that by his/her/their (N.~o of Per.on(s) or Entay(ie.l S~0~E~0 ¢OUR~ " signature(s) on the ~~;!!~!'ian., 2, 2003, instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. RIGHT THUMBPRINT (Optional~ Witness my hand and official seal. (SEALI CAPACITY CLAIMED BY BIONERiS) E]INDIVIOUAL(SI [~CORPORATE ATTENTION NOTARY OFFICER(SI The information requested below and in the column to the right is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any [~PARTNER(SI EJLIMITED unauthorized document. {~]GENERAL mis CERTIFICATE T. re O' Type of Docume.t~ ~/V-~-d~ J ~-~--~ '-'-- ' [~TRUSTEE(S) MUST BE ATTACHED E]GUARD(AN/CONSERVATOR TO THE DO ME.T Nut,ere, P.o. Co u e., CO OTH .: DESCRIBED AT RIGHT: Signer(s} Other l~an Named Above SIGNER IS REPRESENTING: (Name of Person(s) or Entity(ies) WOLCOTTS FORM BB240 Rev. 3-94 Iprice class 8-2Al (~)1994 WOLCOTTS ~ORMS, INC. ALL PURPOSE ACKNOWLEOGMENT WITH SIGNER CAPACITY/REPRESENTATION/TWO FINGERPRtNTS 7 67775 63240 LIST OF EXHIBITS Exhibit "A" Improvement Security - Faithful Performance Form: Bonds Amount: $319,088.00 Exhibit "B" Improvement Security - Material and Labor: Form: Bonds Amount: $319,088.00 Exhibit "C" Improvement Security - Monuments: Form: Bonds Amount: $11,500.00 Securities approved as to form and amount by ~ City Atto~ey Improvement Completion Date: Two (2) years from date of City Council approval of the Subdivision Improvement Agreement. H; \home ~at t orney~ sia\ORR- 5 lA 7 r~ lt:o4 eAA 619 691 5171 CHULA VISTA ENGINEERING ISSUED IN TRIPLICATE I BOND FORFAITI:IFUL PERFORMANCE ] BondNo.: B__~g~929_9~8 (To Be Used With Subdivision Improvement Agreemont) Premium: $6,882.00 WHEREAS, the City Council of the City of Chula Vista, County of San Diego, State of California, and LB/L-RWR OTAY 62 LLC (hereinafter "Principal") have entered into a Subdivision Improvement Agreement (hereinafter referred to aa "Agreement") whereby Principal agrees to install and complete certain designated public improvements, which said Agreement, dated ,20 ....., and identified as project R5iA , is hereby referred to and made a pan hereof; and, WHEREAS, said Principal is required under the terms of said Agreement to furnish a bond for faithful performance of said Agreement. NOW THEREFORE, we, the Principal and GULF INSURANCE COHPANY , a corporation of the State of ~4Issou~I , (hereinafter "Surety"), are held and fn-raly bound unto the City of Chula Vista, a municipal corporation (hereinafter "City") in the County of San Diego, State of California, and to and for the benefit of any and all persons who may suffer damages by breach of the conditions hereof, in the penal sum of THREE HUNDRED NINETEEN THOUSAND EIGHTY EIGR[bllars, ($3 19. 088.00-**** ), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, fn'mly by these presents. The condition of this obligation is such that if the above-bound Principal, his or its heirs, executors, administrators, successors or asdgns, shall in 011 things stand to and abide by, and well and truly keep and perform the covenants, conditions, and provisions in the said Agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it doe~ hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications. 09/01/00 FRI 17:3S FAX 619 $91 $171 CHULA VISTA ENGINEERING ~005 In addition to thc acts bonded for pursuant to the Agreement incorporated above, the following acts and performances are additionally subject to the terms of this bond: IN WITNESS WHEREOF, this instrumem has been duly executed by the Principal and Surety above primed, on SEPTEMBER 15, ,20 0.0... LB/L-RWR OTAY 62 LLC GULF INSURANCE COMPANY , ~/~licant) Name of Surety Company By. 101 }./EST BROADWAY STE 700 Add. ss of Surety Company BE0929958 SAN DIEGO G^ 071 fll Boad/Policy No. City State Zip Code ABOVE-SIGNATORi]~S M-tlST BE NOTARIZED APPROVED AS TO FORM: H:XI-IOIVIEklE'NGINEERkLAN DDEV~F orms-Word VersionkBond Faith Perf with SIA.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California personally appeared ~ ~. ~"~ , Name(s) of Signe~s) ~ersonally known to me [~ proved to me on the basis of satisfactow evidence to be the person~ whose name~ is~ subscribed to the within instrument and acknowledged to me that he/~ executed the same in his~ authorized capacity~), and that by his~ signature~on the instrument the person~, or the entity upon.b~ of which the person~ acted, exe~h~. ~trument. WITNESS~v~O ~ ~d official seal. r~ou~h t~o inlo~ofion bolow is not ro~uiro~ ~ Ia~, it ma~ proue valu~Dlo to porso~s ~l~n~ oo tDo ~ocumont Titlo or lype o[ Documont: ~ocument Date: ~ Signor(s) Othor Than ~amed Sl~ner~s ~ame: ~ Corporate Officer~Title(s): ~ ~adnor ~ D Umited ~ General ~ A~omey in Fact ~ Trustee Conse~ato~ Guardian STATE OF CALIFORNIA } }ss COUNTY OF SAN DIEGO} On September 15, 2000, before me, N. Ortiz, personally appeared David C. Banfer, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrumem and acknowledged to me that he/she/they executed the same in Ms/her/their authorized capacity(ies), and that by Ms/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. -"~ oR~Z ~ ~ NotCh/pub,lC - C.c~hrci'rlla . ~ \~ so. Di~-~o co~, Signature. ',~--4 ~. L ~ ,~'~"'"'"~"------~ (THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK) GUI_~ INS;~'.-~ANC? 'COMPANY ~. ~61~ ~lsso~ NUMBE~ BE0929958 PO~ O~O~ ~ ~ P~*~ ~V,~ ~ ~ ~ ~V~ LB/L-RWR OTAY 62 LLC ' ' ' "- 16461 S~ WAY STE 350 =~=~--~~.~~-~' - ~ V~ ~YS CA 91406 ~o~/ *~ ~=~ ~ ~=, ~ ~*t ~ ~ SEPTE~ER 15, 2000 ~ 319, 088.00 ........ MG~O ~ 319, ~88.00 - z DAVID C. B~FER GULP [NSU~4C~ COMPA/-F~ COU~f OF N~.~O~K J qual;~ in K;.~ C~unty ~;g,~ =nd Scai~ :t ~t~c '~Ly al' N~.v Yo~. 'u~"c* e Dated the 15 TH dnv of SEPTE~ER . lO uU~Ol/00 FRI 17:34 FAX 619 691 5171 CHULA VISTA ~NGINEER1NG ~00Z ~** ISSUED IN TRIPLICATE ~* BOND FOR MATERIAL AND LABOR ~ File No.: /9 ~..~ L)~ ~ , , I Bond No.: BE0929958 i (To Be Used With Subdivision Improvement Agrex~l~nt) Premiunl: INCLUDED IN -,, PERFORMANCE BOND WHEREAS, the City Council of the City of Chula Vista, County of San Diego, State of Califomia, and LB/L-RWR OTAY 62 LLC (hereinafter "Principal") have entered into a Subdivision Improvement Agreement (hereinafter referred to as "agreement") whereby Principal agrees to install and complete certain designated public improvements, which said Agreement, dated , 19 , and identified as project R51A , is hereby referred to and made a part hereof; and, WHEREAS, under the terms of said Agreement, Principal is required, bofore ento~4ng upon the performance of the work, to file a good and sufficient payment bond with the City of Chula Vista to aecum the claims to which reference is made in Title 15 (commencing with Section 3082), Part 4, Division 3, of the Civil Code of the State of Califomim NOW THEREFORE, said Principal and GULF tNSURANCE COMPANY ~ a corporation of the Stat~ of SISS0URI , (hereinafter "Surety'3, are held and firmly bound unto the City of Chula Vista, a municipal corporation (hereinafter "City") in the County of San Diego, State of California, and all contractors, subconm~ctors, laborers, material, men and other persons employed in the performance of the aforesaid Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of THREE HUNDRED NINETEEN THOUSAND EIGHTY E IGH~ollaI-S, ($ 319,088-00'*~, lawful money of the United States, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said Surety will pay the same in an amount not exceeding the amount hereinabov¢ set forth, and also in case suit is brought upen this bond, will pay, in add/fion to the face amount thereof, costa and reasonable expenses and fees, inclualng reasonable attorney's fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costa and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file clalm.q under Title 15 (commencing with Section 3082), Part 4, Division 3, of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise, it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extensmn oftnue, alteratioh or addition to the terms of the Agreement or to the work to be performed thereunder ortbe specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension oftlme, alteration or addition to the terms of the Agreement or to the work or to the specifications. · o~/ok/o0 P'RI 17:34 PAX 619 691 5171 CHI[LA VISTA ENGINEERING IN WITNESS WHEREOF, this instrument has been dilly executed by thc Principal and Surety above named, on SEPTEMBER 15 , ~ 200Q LB/L-RWR OTAY 62 LLC GULF INSURANCE COMP3d~IY ~(Appliean0 Name of Surety Company C. BANFER, ATTORNEY-iN-FACT By 101 WEST BROADWAY STE 700 Address of Smty Company BE0929958 SAN DIEGO CA 92101 Bond/Policy No. City State Zip Code ABOV~.-SIGNATORIES 1V[UST BE NOTARIZED APPROVED AS TO FORM: H:~IO ME~ENGI~EERkLANDDEVWorin~-Word V~'rsionklvt&L_BOND.S IA STATE OF CALIFORNIA } }ss COUNTY OF SAN DIEGO} On September 15, 2000, before me, N. Ortiz, personally appeared David C. Banfer, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subsgribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instxurnent. WITNESS my hand and official seal. Signat~e r ~)C~..Z (THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK) :ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Countyof ~./~ i~l_~l.~_~ ~ ss. On ~)¢~)/(~ , before me,(~ (~. '~L~/~ '' Dar' ~A O,ce~ (e.g., "Jane Doe, ~taP/Public') personally appeared ~ N, N,~ , Name(s) of Signer(s) ,~.personally known to me [] proved to me on the basis of satisfactory evidence to be the person,~lf~ whose name~ is/ere. subscribed to the within instrument and acknowledged to me that he/eh~ executed the same in h i s/her, lt.h~ authorized capacity(4~), and that by signatureC~'on the instrument the person(ca'), or the entit~'~ behalf of which the person(c) ~ act~xe, cu~tI the instrument. Place Notary Seal Above ,~ ~ig ~,3{{m~,~[y Public OPTIONAL Though the info~mafion be/ow is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document, Description of Attached Document~t~2~ ~~.~. ¢ .~i~1~.~ Title or Type of Document: Document Date: __ Number o Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Sign~/~ Signer's Name: ~ . ~_ [] Individual Top of thumD here [] Corporate Officer -- Title(s): L~ Partner-- [] Limited [] General [] Attorney in Fact [] Trustee E~ Guardian or Conservator/~, ...... ~ , .,~_._ ..... · SignerlsRepresenting:~~/~JJ~ ~t/ (~__~", LL~...~- Nati~&l NOlaW ~sociatiee · 9350 De SOlO Ave, ~O Bex 2402 · Ch~t~wedh' CA 91313-2402 · ~ natio~l~lar~ ~rg prod No $B~7 Reorder: Call Toll-Free t 2 GUt-`= mS!'.'~Arq c?_C? M~'AN¥ BOND s-r. l_~.ll~, MI$=O .U~-d. NUMBER BE0929958 POmA O~A AO~ '~O~. ~ ~ P~ ~V~ P~ ~ ~ ~,~V~ LB/L-R~ OTAY 62 LLC ' ' "- 16461 S~ WAY 'STE 350 ~=om~. ''~--~=~~~'~ . - -- V~ ~Y$ CA 91406 o~ ~ · ~/ o~ ~== ~ ~ o. ~r ~ SEPTE~ER 15, 2000 S 3z~, 088.00 ~ 319,~88.00 ' ~ DAVID C. B~FER ISSUED IN TRIPLICATE ST.]RVEY MOUNT ENST/kLLATION BOND Bond No.: Bg0929057 Premium:$2$8. oo LET IT BE KNOWN BY THESE PRESENTS, that LB/L-RWR OTAY 62, LLC as the subdivider (hereinafter "Principal"), and GULF I};SURANC~ COMPANY , a corporation of the State of t4I$S0tlRI (hereimafter 'Surety"), are held and firmly bound unto the City of Chnia Vista, a municipal corporation (hereinafter 'City"), in the County of San Diego, State of California, and to and for the benefit of any and aR:persons who may suffer damage by reason of the breach of the conditions hereof, in the penal sum of ELEVEN T AND Drlr. LAR.q alan NO/!00 ' S dollars ($. 11,500.00 ) lawful money of the United States, to be paid to City. WHEREAS, Principal is presently engaged in subdividing certain lands to be known as OTAY RANClt _V.I LA - subdivision in the City of Chula Vista; and, WHEREAS, Principal and City have entered into a Subdivision Improvement Agreement approved by City Council Resolution No. - (hereinafter referred to as "Agreement") whereby Principal agrees to install durable survey monuments for said subdivision, which said Agreement, dated ,20 . ...., and. identified,as project R51A (MONUMENTATION) , is hereby referred to and made a part hereof; and, WHEREAS, Principal desires to not install du~able survey monuments prior to the recordation of the final map of the subdivision and desires to install same at a later date, NOW, THEREFORE, the condition of the above obligation is that if Principal shah have installed durable monuments of the survey by HUNSAKER AND ASSOCIATES SAN DIEGO INC. in accordance with the final map of said subdivision, a copy of which said map is hereby made and same is incorporated herein as though set forth in full, and according to the ordinances of the City of Chula Vista in full force and effect at the time of the giving of this bond, on or before the expiration of thirty (30) consecutive days following completion and acceptance Of public improvements within said sulxlivision as specified in said Agreemeat, then the obligation shall bc void, otherwise to be and remain in full force and effect. IN WITNESS WI4EKEOF, this. insmnnent has been duly cxecuted by the Principal and Surety above named, on SEla~,[,IBEIt 15 ,2000 LB/L-RWR OTAY 62, LLC Name of Principal (Applicant) Name of Surciy ~ompany By Address of Surety Company SAN DllgOO, CA 92101 B~?oqs? (619) 515-5100 Ben~olicy No. BE0929957 ABOVE-SIGNATORIES MUST BE NOTARIZED APPROVED AS TO FORM: City Alf6~fley c~ H:',I-IOMEXENGINEERLLANDDEVX, Forms-Word ~/er~ionXBond Manuments.doc STATE OF CALIFORNIA } }SS COUNTY OF SAN DIEGO} ON, SEPTEMBER 15, 2000 before me, N. Ortiz, personally appeared David C. Banfer, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrmnent the person(s), or the emity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (THE BALANCE OF THIS PAGE IS iNTENTIONALLY LEFT BLANK) GUL3: IN~;.'.~~AI'ICc-- 'CO~IPANY P, OND '~OD~. ~ ~ P~ ~V,~ P~d~ ~ ~ ~V~ LB/L-R~ 0TAY 62 LLC ~~.~~d~, 16461 S~ WAY STE 350 ~-~~-~~-~$~. '' V~ NUYS CA 91406 · ~n~/ ~r ~=='~ ~c~ ~. ~ ~ ~ ~ SEPTEMBER 15, 2000 ~ 11,500.00'~* ~ 11,50'0.00'** -" ' ' DAVID C. BANFER ~ ~ STATE ~ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California '~ County of O.Y~. ~. E' 0~) Date O personally appeared ~0 ~.. jlk~ e. (._(,_~0. w.._ (,,- . ,o~r~ P.U,c') ~ Name(s) Of S~gner(s) [] personally known to me [~_...l~oVed to me on the basis of satisfactory evidence to be the p~r~on(-s) whose r~me/~)..i~/ar.e- subscribed to the within instrument and acknowledged to me that h__e/she/~-hey executed ~...'.'.'.'.'.'.'.'~ Noto~ Pu~c -- C.c~om~ .~ the same in his_~/hec-/-th~~ authorized '~,~/.,' Son p~o~C~r-ty [ capacity(les-), and that by hj_s/~ ~ ~, Comm, E~'p~ Feb ~, 2003 ~ s!gnatza:e(s) on the instrument the person~), or ~' '~'~'~ the entity upon behalf of which the p~r~nn(s) acted, executed the instrument. WITN~S my hand and off'.~l sel~. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document, Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: LJ Individual ~ of thumb her~ [] Corporate Officer -- Title(s): [] Partner-- [] Limited [] General [] Attorney in Fact EJ Trustee [] Guardian or Conservator [] Other: Signer Is Representing: © 1997 Na[ional Notary Associa[ion - 9350 De Soto Ave , PO Box 2402 * Chatswo~th, CA 91313 2402 Prod NO 5907 Reorder: Call Toll-Free 1-800-876 6827 Recording Requested by: CITY CLERK When Recorded, Mail to: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, Ca. 91910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Declarant SUBDIVISION IMPROVEMENT AGREEMENT C ~IS ~AGREEMENT, made and entered into this ~/~day of __ ~~m~ , 2000, by and between THE CITY OF CHULA VISTA, a munidipal corporation, hereinafter called "City", and RWR CQmpanies, 3130 Bonita Road, Suite 200B, Chula Vista, CA 91910, hereinafter called "Subdivider" with reference to the facts set forth below, which Recitals constitute a part of this Agreement; RECITALS: WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as OTAY RANCH VILLAGE ONE WEST, SPA ONE, NEIGHBORHOOD R-51B, CHULA VISTA TRACT NO. 98-06, pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula Vista Municipal Code relating to the filing, approval and recordation of subdivision map; and WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula Vista, Subdivider must have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an alternative thereto, Subdivider shall enter into an agreement with City, secured by an approved improvement security to insure the performance of said work pursuant to the requirements of Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said Council; and WHEREAS, Subdivider is willing in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will install and complete, at Subdivider's own expense, all the public improvement work required by City in connection with the proposed subdivision and will deliver to City improvement securities as approved by the City Attorney; and WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditions, as contained in Resolution No. 19572, approved on the 17th day of August, 1999 ("Tentative Map Resolution"); and WHEREAS, complete plans and specifications for the construction, installation and completion of said public improve- ment work have been prepared and submitted to the City Engineer, as shown on Drawing Nos. 00090-1 through 00090-6 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 Four Hundred Twenty Thousand Three Hundred Ninety-Nine Dollars and No Cents ($420,399.00). NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD D~ND 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 Two Hundred Ten Thousand One Hundred Ninety-Nine Dollars and Fifty Cents ($210,199.50) 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 Two Hundred Ten Thousand One Hundred Ninety-Nine Dollars and Fifty Cents ($210,199.50) 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 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 Thousand Four Hundred Dollars and No Cents ($6,400.00) 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 a§reed 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 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 SUBDIVISIONIMPROVEMENT AGREEMENT OTAY RANCH VILLAGE ONE WEST, SPA ONE NEIGHBORHOOD R-51B, CHULA VISTA TRACT NO. 98-06 IN WITNESS W~EREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA RWR COMPANIES See PageTwoof Signature Page Mayor of the City of Chula Vista ATTEST City Clerk Approved as to form by Cit~t~Jey (Attach Notary Acknowledgment) PAGE TWO OF TWO SIGNATURE PAGES TO SUBDIVISION IMPROVEMENT AGREEMENT OTAY RANCH VILLAGE ONE WEST, SPA ONE NEIGHBORHOOD R-5 lB, CHULA VISTA NO. 98-06 LB/L-RWR OTAY 62 LLC, a Delaware limited liability company By: LB/L-RWR Master LLC,a Delaware limited liability company, its Member By: LB/Lakeside Capital Parmers LLC, a Delaware~limited liability company, its a Delaware limited liability company By: LB/L-RWR Master LLC,a Delaware limited liability company, its Member By: LB/Lakeside Capital Partners LLC, a De!awar~limited liability company, its Managing Me~er County of ~ ~ ~ personally known to me-OR-~ proved to me_,, _°n the OFFICERISI basis of sa[isTaozory DPA~T~R(S~ evidence to be the ~,~,AL person(s) whose name(s) aA~O..~V IN FACT is/are subscribed to the ...... ~, within instrument and ~GUARDIAN/CONSERVATOR ~ PATRI~~ acknowledged to me that nOTHER: --/~-X COB~. ~ 120S]24 . he/she/they executed the ~ · s~. ~o cou~ authorized capacity(les), SIGNER IS REPRESENTING: ~ .... signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the in st r u me nt. RIGHT THUMB~INT (Optional) Witness my hand and official seal. (SIGNATURE O~ ~OTARY) ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL, Recording of this document is not required by law and is also optional. WOI.COTTS FO,~i~ 63240 Rev. 3-g4 Iprice class 8-2AI ~)1994 WOLCOTT$ FORMS, INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACiTY/REPRESENTATION/TWO FINGERPRINTS 7 8 LIST OF EXHIBITS Exhibit "A" Improvement Security - Faithful Performance Form: Bonds Amount: $210,199.50 Exhibit "B" Improvement Security - Material and Labor: Form: Bonds Amount: $210,199.50 Exhibit "C" Improvement Security - Monuments: Form: Bonds Amount: $6,400.00 Securities approved as to form and amount by Improvement Completion Date: Two (2) years from date of City Council approval of the Subdivision Improvement Agreement. 7 O9/01/00 FRI 17:34 FAX 619 691 5171 CHULA VISTA ENGINEERING *** ISSUED IN TRIPLICATE *** r ,eNo.: O Oqf I BOND FORFAITI UL PERFORMANCE I ondNo.: (To Be Used With Subdivision Improvement Agreement) Premium: $% 704.00 WHEREAS, the City Council of the City of Chula Vi~a, County of San Diego, State of California, and LB/L-RWR OTA¥ 62 LLC (her¢inaX%r "Principal") have entered into a Subdivision Improvement Agreement (hereinafter referred to as "Agreement") whereby Principal agrees to install and complete certain designated pnbl/c improvements, which said Agreement, dated ,20____, and identified as project RSIB ~ is hereby referred to and made a part hereof; and, WHEREAS, said Principal is required under the terms of said Agreement to furnish a bond for falth/-vJ performance of' said Agreement. NOW THEREFORE, we, the Principal and GULF INSURANCE · a corporation of the State of MISSOURI , (hereinafter "$umty"i', a~e held ~nd firraly bound unto the City of Chula Vista, a municipal corporation (bereinafter "City") in the County of San Diego, State of California, and to and for the benefit of any and all persons who may suffer damages by breach of thc conditions hereof, in the penal sum of TWO HUNDRED TEN THOUSAND ONE HUNDRED NINETtl'oI~E 50~ ($~210,199, ~0'**** ), lav, fful money of the United States, for the payment of which sm well and truly to be made, we bind ourselves, our hefts, succcsso~, executors and administrators, jointly and severally,/Tu-mly by these presents. The condition of this obligation is such that if the above-bound Principal, his or its heirs, executors, administrators, successors or assig~s, shall in all things stand to and abide by, amd well and truly keep and perform the covenants, conditions, and provisions in the said Agreement and any alteration thereof made as therein provided, on h/s or theft part, to be kept and performed at the and in the manner therein specified, and in all respects according to/heir true intent and meaning, and shall indemnify and save harmless City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall bo and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension oft/me, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications. 09/01/00 FRI 17:36 FAX 619 691 5171 CHULA VISTA ENGINEERING ~00§ In addition to the acts bonded for pursuant to the Agreement incorporated above, the following acts and performances am additionally subject to the terms of this bond: IN WITNESS WHEREOF, this instrument has been duly executed by thc Principal and Surety above named, on SEPTEMBER 15 ,20 0.0... LB/L-RJ~J~A~ 62 LLC GULF INSURANC~ Cf)MPAI~y Na~of Princip~l (Applicant) Name of Su~ty Company DA¥ID C. BANFER,ATTORNE¥-IN-FACT By 101 ~EST BROADWAY STE 70Q Address of Surety Company BE0929960 SAN DIEGO C^ 071 g ~ Bond/Policy No. City State Zip Code ABOVE-SIGNATORIeS MUST BE NOTARIZED APPROVED AS TO FORM: H:',HOIvIEYENG1N-EEK'~LANDDEV%Forms-Word VetsionkBoad Faith perf with SIA_doc · ~ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of !~---~' .~l 1~'..~ __ ss. On ~:)/~ , before me,~ personally appeared Name(s) of Signer(s} ,]~f, personally known to me [] proved to me on the basis of satisfactory evidence to be the personJ,CJ whose name.(¢¢~ is/er.e- subscribed to the within instrument and acknowledged to me that he/ehe~ executed the same in h is/he~4'f~r authorized capacity(.ie~), and that by his/hefCth,efl' signature{,C}'on the instrument the person(~, or the entity upon_,/b~lf of which the person(c) i V M,f C_~,~Ex~re~ j%~ ~ i acted' ex. d2 i~strument' ~ WlTNES official seat. Place Notary Seal Able OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and realtaohment of this fonw to another document, Description of Attached Document'~A¢,,,..~¢,~ . Title or Type of Document: __ Document Date: __ (~ (~ Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signe~,~,,~,~t Signer's Name: l~[.2l ~'~ I..IJ ~, [] Individual Top of thumb here [] Corporate Officer -- Title(s): [] Partner-- [] Limited [] General I~ Attorney in Fact ~ Trustee [] Guardian or ConservatorJ~, ..... ~' -- ,~ Other:__ SignerlsRepresenting:~ ~ _~ (¢) STATE OF CALIFORNIA } }ss COUNTY OF SAN DIEGO} On September 15, 2000, before me, N. Ortiz, personally appeared David C. Banfer, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. 1~-~'"~-~ i~'~ (THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK) sw. ~tS, MISaOU~ NUMEER BE0929960 PO~R 0 F k~O ~ D~d~ lO~~,c LB/L-RWR OTAY 62 LLC ~. p~~V~ ~~,~V~ ~6461 S~ WAY STE 350 ~.~ = ~.-F~ ~ ~ ~ ~ V~ NUYS CA 91406 ~/ ~, ~c= ~ ~ .- ~ ~ ~ ~ SEPTE~ER 15, 2000 ~ 210,199. $ 210, ~'99 ~ 5~ .... DAVID C. B~FER ~ ~, ~ ~ five ~ ~ ~ ~ on, ~ ~, 000,000.00~ ).~'~ GULF ,INS U~CE N~.~YO~K f -- ~wrence P. Mini~ E~cc=cive Vice P~iden~ did d~a ~d ~ ~c. he .~d~ ~ ~e ~u~ ~ B~. ~ 0¢ N~ ~ ~ he ~ ma ~c(~ Vice P~d~.a~ Sc:flor Vice Pr~idcn[ *** ISSUED IN TRIPLICATE *** I BOND FOR MATERIAL AND LABOR :ii Bond No,: BE0929960 I(To Be Used W!th Subdivision Improvement Agreement) Pre~mr INCLUDED IN ' PERFORMANCE BOND WHEREAS, the City Council of the City of Chula Vista, County of Sun Diego, State of California, and LB/L-RWR OTAY 62 LLC (hereinaf~r "Principal") have entered into a Subdivision Improvement Agreement (hereinalier mfetr~d to as "agreement") whereby Principal agrees to install and complete certain designated public improvements, which said Agreement, dated , 19 , and identified as project is hereby referred to and made a part hereof; and, WHEREAS, under the terms of sa~d Agreement, Principal is required, before ent~ing upon the performance of the work, to file a good and sufficient payrne~at bond with the City of Chula Vista to secure the claims to which reference is made in Title 15 (commencing with Section 3082), Part 4, Division 3, of the Civil Code of the State of Califomi& NOW TH~EREFORE, said Principal and ~ULF INSmU~NCE COMPANY .~ a corporation of the State of ~I ssou~ ~ , ~ereinaRer "Surety"), are held and firmly bound unto the City of Chula Vista, a municipal ~rpomtion (hereinaRcr "City'3 in the County of San Diego, Stag of California, and all contractors, subcontractors, laborers, material, men and other persons employed in tho performance of thc aforesaid Agreement and referred to in the aforesEtd Code of Civil Procedure in the sum of TWO RUNDREO TEN THOUSAND ONE HUNDRED NINETY NIl'~olifLr~, ($210,199.50'**), lawful money of the United States, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said Surety ~ill pay the same in an amount not exceeding the amount hereinabove sot forth, and also in case suit is brought upon this bond, will pay, in addison to the face amount thexeof, costs and reasonable expenses and fees, inclodlng reasonable attorney's fees, incurred by City in successfully ¢~forcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inur~ to the benefit of any and ali persons, companies and corporations entitled to file claims under Title 15 (commcnoing with Section 3082). Part ~, Division 3, of the Civil Code, so as to give a right of action to th~a or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise, it shall be and remain in fiji force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any mariner affect its obligations on this bond, and it docs hereby waive notice of any such change, extension of time, alteration or addition to the terms of thc .4greement or to the work or to the specifications. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Name{s) of Signer(s) ~ersonally known to me ~ proved to me on the basis of satisfacto~ evidence to be the person~ whose name~ is~ subscribed to the within instrument and acknowledged to me that he/sht/th~ executed the same in his~ authorized 1~ u ~ ~~ ~~z~ · siunature~n the instrument the person~, or ~ ~.~ ~ thoen~up~ behalr or which the person~ ! K~fi ~ ~ C~ [ tho instrument. .............. ~ ~d and 9fficial seal. and could p~vent fraudulent removal and reattachment of this ~o~ to another document. Description of Attached Title or Type of Document: Document Date: __ ~//~/OO Number of Pages: Signer(s) Other Than Named Above: - Signer's Name: _ ~ Individual Top of thumb here ~ Corporate Officer ~ Title(s): ~ Pa~ner ~ EJ Limited ~ General ~ AEorney in Fact ~ Trustee D Guardian or Gonso~ator~ IN WITNESS WHEREOF, thls instrument has been d~ly executed by the Principal and Surety abovg ilar/led, on SEPTEMBER 15 , ~ 200,0 LB/L-RWR OTAY 62 LLC GULF INSURANCE COMPANY Nan~'~f Prin~{pal (Applioant) Name of Surety C~mpany By ~ By 101 WEST BROADWAY STE 700 Address of Surety Company BE0929960 SAN DIEGO CA 92101 Bond/Policy No. City State Zip Code ABOVE-SIGNATORIES MUST BE NOTARIZED APPROVED AS TO FORM: city H AHOME~CNG/~EER~LANDDEV~Fonms-Word V~r s/o n',lvl~l.,~B OND. fl IA STATE OF CALIFORNIA } }ss COUNTY OF SAN DIEGO} On September 15, 2000, before me, N. Ortiz, personally appeared David C. Banfer, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within inslxument and acknowledged to me that he/she/they e~ecuted the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instxument. WITNESS my hand and official seal. Signature ~.~r ]~ L~, ~.~___~._~ L ' (THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK) GULF ~N~;~'~C? 'COMPANY P.C)ND .' NUMEER BE0929960 PO~R OFkz ~0~ O,~~ tam~~=.,c LB/L-RWR OTAY 62 LLC me P~ ~V~ P~ ~ ~ ~,~V~ 16461 S~ WAY STE 350 ~ ~ ~n-F~ ~ ~ ~ ~ V~ NUYS CA 91406 ~,~ ~ ~ ~ ~. ~. ~ ~e ~ ~ SEPTE~ER 15, 2000 ~ 210,199.50*** ...... ac~o ~ 210.1~99~ 5~* '~" ' ~' DAVID C. B~FER GULF INSUranCE COMP~a~Y COif OF ~YO~K f S3 ~wre=cc P. E~ecucivc Vice P~id~c STA~ OF NEW'fO~K ~- 53 ' No. COU~ OF N~.~YORK J C;g.~ :.d g~31~ = ch= C:Ly m' N~.. York. ~ O=~cd dm 15TH d=y of SEPTEMBER G~orge S~:l/or Vice P~idcnt ISSUED IN TRIPLICATE SURVEY MONUMENT INSTALLATION BOND Bond No.: Blg0929959 Pr~-~inm:-'~l 60.00 LET IT BE KNOV~N BY THESE PRESENTS, that LB/L-RWR OTAY 6:> ~ LLC · as the subdivider (hereinafter "Principal"), and , a corporation of the Stat~ of MISS~,~RI (hereinafter ~Surety"), are held and firmly bound unto thc City of Chula Vista, a municipal corporation (hereinafter "City"), in the County of San Diego, State of California, and to and for the benefit of any and all persons who may sl~ffer drainage by reason of thc breach of the conditions hereof, in thc penal sum of SIX THOUSAND FOUR HUNDRED AND NO/100'S dollars ($_ 6 ,~uu .oo*-** ) lawful money of the United States, to be paid to City. WHEREAS, Principal is presently engaged in subdividing certain lands to be known as subdivision in the City of Chula Vista; ~ud, W~IEREAS, Principal and City have entered into a Subdivision Improvement Agreement approved by Cit~ Council Resolution No. (hereim,fter referred to as "Agreement") whereby Principal agrees to install durable survey monuments for said subdivision, which said Agreement, dated ,20 - . and'identified ~s project R51B (NONL~N~TON) · is hereby referred co and made a par~ hereof; and, WHEREAS, Principal desires to not install durable survey monuments prior to the recordation of the finn! map of the subdivision and desire~ to instal! same at a later date, NOW, THERlqFORE, the condition of the above obligation is that if Principal shall have installed durable monuments of the survey by HUNSAK~R A.ND ASSOCTA~ES SAN DIEGO ~.NC. in accordance with the final map of said subdivision, a copy of which said map is hereby made and same is incorporated herein as though set forth in full, and according to thc ordinances of the City of Chula Vista in full force and effect at the time of the giving of tiffs bond, on or before thc expiration of thirty (30) consecutive days following completion and acceptance of public improvements within said subdivision as specified in said Agreement, then the obligation shall be void, otherwise to be and remain in fi~l forco a.~d effect. IN WITNF~S WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on Si~PTF31BEIt 15, ,2000 LB/L-RWR OTAY 62, LLC Name of Principal (Applicaat) Name of Surety Compaay By ~__q~.~~ GULF INSb~RANCE COMPANY Address of Surety Company 101 WEMT BROADWAY #?00 SAN DIEGO, CA 92101 BE0929959 (619) 515-5100 Bond/Policy No. BEO9a9959 '' ABOVE-SIGNATORIES MIJST BE NOTARIZED APPROVED AS TO FORM: ~Ity ~ney H:WIOMEXENG INEER.\LANDD EV~Forms-Word Vetsion~B OhO Monuments.doc STATE OF CALIFORNIA } }ss COUNTY OF SAN DIEGO} ON, SEPTE~IBER 15 ~ 2000 before me, N. Ortiz, personally appeared David C. Banfer, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ~~a~. ! ~-~.-~.~ ~i~~ ~ k:~'al~J~ so. ~ao co~r.y [ Signature (THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK) PO~R O~ ~l l 0~ N~ m~ P~ ~Vl~ P~ ~ ~ ~,~V~ LB/L-RWR OTAY 62 LLC ~.~c~,~~~~i~, 16461 S~ WAY STE 350 ~aa~ = ~ ~ ~ ~m ~ ~ a~ ~ ~ ~-~-~ VAN NUYS CA 91406 ~l~r ~r ~u~ o~ ~ ~ ~ ~ ~ ~ SEPTE~ER 15, 2000 ~ 6,400.00*** DAVID C. BANFER -~A~ OF NEWYO~K ] COif OF ~YO~ J ~ me d~v ~ did d~se :~d ~ ~c'hc ~d~ ~ ~c ~un~ of ~. 5~te of N~ J~ ~ he ~ me ~ti~ Vic~ P~d~qt af ~ Gui~ Da~ Jaffa STATE OF NEW'fORK ]- SS ' !lg.~ :ha ~cai~ :t ,he '~i7 qf N~.v York. ~ Dated the 15TH day of SEPTEMBER . lO Of ~ ~/' // George CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ~,_ ~.~q o personally appeared ~)~¢ ~q[~ ~ ~ Name(s) of Signer(s) ~ personally known to me ~ed to me on the basis of satisfacto~ evidence to be the~p~r~nn~ whose .na~e(~ ~!~e subscribed to the within instrument and acknowledged to me that he/~ executed the same in hi~/~ authorized ~ , .. ) and that by ~ 1j-- ~~~~~ · ~ sion~t' ,rc(s)on the instrument the person), or the entity upon behalf of which the pers~(~ acted, executed the instrument. ~n d~ d. o~~ Pla~ Nota~ Seal Above ~ - ~gnature of Nola~ Public OPTIONAL Though the information below is not requi~d by law, it may pmve valuable to pe~on~ relyin~ on the document and could pmvent fraudulent removal and r~a~achment of this fo~ to another document~ Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Sioner Signer's Name: ~ Individual Top oHhumb here ~ Corporate Officer ~ Title(s): ~ PaAner-- ~ Limited ~ General [3 A~omey in Fact ~ Trustee ~ Guardian or Conse~ator [} Other: Signer Is Representing: ~ 1997 National No~a~ Association · 9350 De Soto Ave, ~O Box 2402 · Chatswo~h, CA 91313-2402 Pr~ No 5907 Reorder: Call Toil Free Recording Requested by: CITY CLERK When Recorded, Mail to: CITY OF CHULA VISTA 276 Fourth Avenue chula vista, Ca. 91910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Declarant SUBDIVISION IMPROVEMENT AGREEMENT oEEMENT, made and entered into this ~l~day of , 2000, by and between THE CITY OF CHULA VISTA, a rporation, hereinafter called "City", and RWR Companies, 3130 Bonita Road, Suite 200B, Chula vista, CA 91910, hereinafter called "Subdivider" with reference to the facts set forth below, which Recitals constitute a part of this Agreement; RECITALS: WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as OTAY RANCH VILLAGE ONE WEST, SPA ONE, NEIGHBORHOOD R-52, CHULA VISTA TRACT NO. 98-06, pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula Vista Municipal Code relating to the filing, approval and recordation of subdivision map; and WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula Vista, Subdivider must have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an alternative thereto, subdivider shall enter into an agreement with City, secured by an approved improvement security to insure the performance of said work pursuant to the requirements of Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said Council; and WHEREAS, Subdivider is willing in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will install and complete, at Subdivider's own expense, all the public improvement work required by City in connection with the proposed subdivision and will deliver to City improvement securities as approved by the City Attorney; and WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditions, as contained in Resolution No. 19572, approved on the 17th day of August, 1999 ("Tentative Map Resolution"); and WHEREAS, complete plans and specifications for the construction, installation and completion of said public improve- ment work have been prepared and submitted to the City Engineer, as shown on Drawing Nos. 00082-1 through 00082-9 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 Eight Hundred Four Thousand Five Hundred Sixty-Five Dollars and No Cents ($804,565.00) 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 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 Four Hundred Two Thousand Two Hundred Eighty-Two Dollars and Fifty Cents ($402,282.50) 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 Four Hundred Two Thousand Two Hundred Eighty-Two Dollars and Fifty Cents ($402,282.50) of to secure the payment of material and labor in connection with the installation of said public improvements, which security is attached hereto, marked Exhibit "B" and made a part hereof and the bond amounts as contained in Exhibit "B", and made a part hereof. 8. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of Fifteen Thousand Dollars and NO Cents ($15,000.00) 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 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 SUBDIVISION IMPROVEMENT AGREEMENT OTAY RANCH VILLAGE ONE WEST, SPA ONE NEIGHBORHOOD R-52, CHI/LA VISTA TRACT NO. 98-06 IN WITNESS W~EREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CNULA VISTA RWR COMPANIES See PageTwoof Signature Pages Mayor of the City of Chula Vista ATTEST City Clerk Approved as to form by Cit~rney (Attach Notary Acknowledgment) 6 PAGE TWO OF TWO SIGNATURE PAGES TO SUBDIVISION IMPROVEMENT AGREEMENT OTAY RANCH VILLAGE ONE WEST, SPA ONE NEIGHBORHOOD R-52, CHULA VISTA NO. 98-06 LB/L-RWR OTAY 62 LLC, a Delaware limited liability company By: LB/L-RWR Master LLC,a Delaware limited liability company, its Member By: LB/Lakeside Capital Partners LLC, a Delaware limited liability company, its mber LB/L-RWR OTAY 91 LLC, a Delaware limited liability company By: LB/L-RWR Master LLC,a Delaware limited liability company, its Member By: LB/Lakeside Capital Partners LLC, a Dela~are4~mited liability company, its ~a~ging~lber (ATTACH NOTARY ACKNOWLEDGMENTS FOR ALL ABOVE SIGNATURES) County of ~ ~',~ personally appeared ~~ ~ ~ personally known to me -OR- ~ proved to me.,....°n the omc~.~s~ D basis of saus~ac[ory DPARTNER(S) DLIMI~D evidence to be the ~GENERAL personls~'' whose name(s) aA.o.~v IN FACT ~s/are subscribed to the Dmus~Elsl within instrument and ~GUARDIAN/CONSERVATOR ...... ' ........ ~~ acknowledged to me that aom~.: ~' FATRIGI,, ....--- - he/she/they executed the ~ COMM.~ 1205124 ~ . o l~%) NOTARY pU~LIC.CAUmRN~ ~ same in his/her/their ~ ~] s~ ~,~o cou~ authorized capacity(ies), SIGNER IS REPRESENTING: co*m.~~ and that by his/her/their (Na,wofPer.on/,JorEntity(i,,) ~~ .................... ~ignature(s) on the mstrumenttho person{s}, or tho entitg upon bohalf of which tho person{s) actod~ oxecutod tho instrument. RIGHT ~UMBffilNT (Optional) Witness my hand and official seal. (SEAL) ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL. ~,~s~ Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any DPARTNERIS) ~LIMITED unauthorized document. OGENERAL DESCRIBED AT RIGHT: LIST OF EXHIBITS Exhibit "A" Improvement Security - Faithful Performance Form: Bonds Amount: $402,282.50 Exhibit "B" Improvement Security - Material and Labor: Form: Bonds Amount: $402,282.50 Exhibit "C" Improvement Security - Monuments: Form: Bonds Amount: $15,000.00 Securities approved as to form and amount by L/City Attorney Improvement Completion Date: Two (2) years from date of City Council approval of the Subdivision Improvement Agreement. 7 09/01/00 FRI 17:34 FAX 619 691 5171 CHULA VISTA ENGINEERING ~004 *** ISSUED IN TRIPLICATE *** " 3° F BOND FORFAITtH UL PERFORMANCE I BondNo.: ~.O0~OO~a (To Bc Used With Subdivision Improvement Agreement) Premium: ~8,546.00 WHE!R.EAS, the City Council of the City of Chula Vista, County of gan Diego, State of California, and LB/L-RWR 0TAY 91 LLC (hereinafter "Principal") have entered into a Subdivision Improvement Agreement Cnereinaf~er referred to as "Agreement") whereby Principal agrees to install and complete certsln designated public improvements, which said Agreement, dated ,20___, and identified as project R52 , is hereby referred to and rn~He a part hereof; and, WI-IEI~EAS, said Principal is required under the terms of said Agreement to furnish a bond for faithful performance of said Agreement. NOW THEREFORE, we, the Principal and GULF INSURANCE CO,mANY , a corporation of thc State of ~4ISSOORI , (here'mafter "Surety"), are held and firmly bound unto thc City of Chula Vista, a municipal corporation (hereinafter "City") in the County of San Diego, State of Califomie, mid to and for the benefit of any and all persons who m~y suffer damages by brea~h of the con_..d~OonSs0~lO^ hereof, /n the penai sum of FOUR~,HUNnm~D TWO THOUSAND TWO HONDPmD EIZ}t~t01~rs~ ($ 402,282.50*** ), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heh's, successors, executors and administrators, jointly and severally, fumly by these presents. Thc condition of this obligation is such that if the above-bound Principal, his or its heirs, executors, adrninistrators, successors or assigns, shall in all thl,gs stand to and abide by, and well and truly keep and perform the covenants, collditions, and provisions in the said Agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save hannless City, its officers, agents and employees, as therein stip~ated, then this obligation shall become null and void; otherwise, it shall be and remain in full forc~ and effect. As part of the obligation secured hereby and in addition to the face amount specified therefor, them shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it do~$ hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to thc work or to the specifications. 09/01/00 FRI 17:35 FAX 619 691 $171 CI~;LA VISTA ENGINEERING [~005 In addition to the acts bonded for pursuant to the Agreement incorporated above, thc follovfing acta ~nd performances are additionally subj~-t to the terms of rids bond: IN W]TNESS W-I-IEREOF, this instrument has been duly executed by the Principal and Surety above named, on SEPTEMBER 15 ,20 0..0. LB/L-RWR 0TAY 91 LLC GULF INSURANCE COMPANY ~6c~,/ DAVID C. BANFER, ATTORNEY-IN-FACT By. 101 WEST BROADWAY STE 700 Address of Surety Company ~E0929966 SAN DIEGO CA 92101 Boad/Policy No. City State Zip Code A~OVE-SIGNATOI~IES MUST BE NOTARIZED APPROVED AS TO FORM: H:kt-IOMELENG1NEER~LANDDEV~Forms-Word VersionkBond Faith Pert'with SIA.doo CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Name(s) of Signer(s) ~pemonally known to me ~ proved to me on the bas~s of satisfacto~ evidence subscribed to the within instrument and acknowledged to me that he/~ executed the same in his/~ authorized ~--~-- -- ~;;.;;E----i capacity~, and that by his/~ signature~n the instrument the person~), or _ ~ ~ 1~7~ [ the en~up~ behalf of which the person~ ]~] ~C~ ~ ac~t~d the instrument. ........... - - - WlTN~nd and official seal. OPTIONAL Though the relocation below is not required by law, it may prove valuable to pemons relying on the document and could prevent fraudulent removal and rea~achment of this form to another document Description of Attached Docume.~ Title or Type of Document: Document Date: 0~?~/~ N,mber of Pages: Signer(s) Other Than Named Above: Signoras 0 Individual Top of thumb here [~ Corporate Officer ~ Title(s): ~ Padner-- ~ Umited ~ General ~ AEorney in Fact ~ Trustee Sig~er Is Representing: ~-- ~ STATE OF CALIFORNIA } }ss COUNTY OF SAN DIEGO} On September 15, 2000, before me, N. Ortiz, personally appeared David C. Banfer, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ~~ Signature ~'"-'~f"~.~:;~~'~ ~~~ (THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK) ~. ~1~, MI~ NUMEER BE0929966 '~O~. ~ ~ P.~ ~V~ P~ ~ ~ ~V~ LB/L-RWR OTAY 91 LLC F~'~-~~~~~, 16461 S~ WAY STE 350 F~ ~ ~ ~'~ ~ ~~ ~ ~ ~ ~ V~ N~S CA 91406 SEPTE~ER 15, 2000 ~ 402,282.50*** ~ 402, ~82.5~*** .... ' ~ '~ DAVID C. B~FER ~e ~m =~. ~ GULE [NSUP~CE ~ecudve Vice COU~f OF N~.~ YORK J ~ No. - i;~.~ :.~ ~e=i~ ~ il~* ,~ ~[ N~.v York. ~=[cd cbc 15TH day of S~PT~HB~R 0 G~org~ Bia.c:~i *** iSSUED IN TRIPLICATE *** I BoND FORMATERIAL AND LABOR" :i] FileNo.:BondNo.:0 ~f~0C~PBI~0929966 [(To Be Used With Subdivision Improvement Agmemeat) Premium: INCLUDED IN . ',,, PERFORMANCE BOND WHEREAS, the City Council of the City of Chula Vista, County of San Diego, State of Cnllfornia, LR/T.-RWR OTAY 91 LLC (herehmf~er "Principal") have entered into a Subdivision Improvement Agreement (hereinaf~r r~ferred to as "agreement") whereby Principal agrees to install and complete certain designated public improvements, which said Agreement, dated ' .., {,~ , and identified as project is hereby refm-red to and made a part hereof; and, WI-IEREAS, under the tenns of said Agreement, Principal is required, before ente~ag upon the performanc~ of the work, to file a good and sufficient payment bond with the City of Chula Vista to secure the claims to which reference is made in Title 15 (commencing with Section 3082), Part 4, Division 3. of the Civil Code of the State of California. NOW THEREFORE, said Principal aud' OULF TNSUP~U~CE CO~IPA~Y , a corporation of th~ State of ~I SSOURI , (hereinafl:r "Surety'~, are held and fu'mly bound unto the City of Chula Vis, a, a municipal corporation (hcreinaf[er"City") in the County of San Diego, State of California, and all contractors, subcontractors, laborers, material, men and other persons employed in the performance of the aforesaid Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of FOUR HUtannen ~rwc~ Trim,RAin rwr~ mmnR~n ETC.~ITY TWO dollies, ($&D?:2/~?.Rfl***), lawful money of thc United States, for materials furnished or labor thereon of any kind. or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said Surety Will pay the same in an amount not exceeding the mnount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in suc~ssfuIly eaforeing such obligation, to be awarded and fixed by the court, aud to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file ¢laim.~ under Title 15 (commencing with Section 3082). Part 4, Division 3, of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise, it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hen=by waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement orto the work or to the specifications. uo/u~/oo F~! 17:34 ~'AA 61g 69L 5171 CHULA VISTA ENGINEERING ~003 IN WITNESS WHEREOF, this instramcnt has been daly executed by thc Principal and Surety above named, on sEPTEMBER 15 , ~[ 2000. LB/L-RWR OTAY 91 LLC GULF INSURANCE COMPANY By 101 WEST BROADWAY STE 7~0 Address of Sul~ty Company BE0929966 SAN DIEGO CA 92101 Bond/Policy No. City State Zip Code ABOVE-SIGNATORIES MUST BE NOTARIZED APPROVED AS TO FORM: city H:q-IOM~ENGINEER~t,ANDDEVXFOrmS-Word Vcrsiong,4~L_BOND.ft IA CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California '~ County of ~,/~__.~ .~ ss. On 0~/~/00 ,before me, ~ S,~ ~ ¢~0 personally appeared ~~ ~, e~m~r(e.g..'Jane~e. No~*P~blic") ~personally known to me ~ proved to me on the basis of satisfactow evidence to be the person~ whose nam~ is/crc subscribed to the within instrument and acknowledged to me that he~ executed the same in his/~ authorized capacity~, and that by his/~ signature~ on the instrument the person~), or the entit~ ~ behalf of which the person~ ~. ac~ d the instrument. WI~ ~nd and o~cial seal. OPTIONAL Though the info~ation below i~ not required by law, it may prove valuable to persons relying on the document Descri ptio n of Attach ed Docu m en~ ~ ~'~1~/~ ~ ~ ~ ~ Title or Type of Document: ~ I ~" ,(~1 ~ ~ ~l ~ Document Date: 0~/~ N~m ~,~~ . Signer(s) Other Than Named Above: ' ~ Individual ~ Corporate Officer ~ Title(s): Top of thumb here ~ Padner ~ ~ Limited ~ General ~ Attorney in Fact ~ Trustee ~ GuardianorConse~ator~l~l~~ ~,~ ,~. · SignerlsRepresenting:~--~¢~ ~y *', ~0 STATE OF CALIFORNIA } }ss COUNTY OF SAN DIEGO} On September 15, 2000, before me, N. Ortiz, personally appeared David C. Banfer, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature ~ ~' [, ~-.~_~J&-,~L.~_~ (THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK) Guu: [~s;~u~-c-~ ;C0~.AN¥ BOND sr. L_~01S, MlSSOUF4 NUMEER BE0929966 ' PO~R 0 E kilO ~ 0~~-~ lam~l~m~,c LB/L-RWR OTAY 91 LLC ~~-~~~' 16461 S~ WAY STE 350 ~ . ~c~ ~ ~ ~ ~ V~ N~S CA 91406 ~.~ ~. ~uc= ~ ~= ~ ~ ~r ~ ~ SEPTE~ER 15, 2000 ~ 402,282.50*** ~C~O ~ 402 ~82 58e** DAVID C. B~FER T. oo.U~oo.o(m.C~,.~,v. =~.o,~-. five million- ~,000,000.00 ' -~A~ OF NEWYO~K ~ COif OF ~YO~K J ~wre~ce P. MiniVer [<ec=dve Vice ~A~ OF NEW'fO~K ]- S3 COU~f O~ N~.~RK J quaiifi~ in Kin~ Caun~y , ' SURVEY MONUMENT INSTALLATION BOND Bond No. BE0gZ9965 Premium: $375.oo LET IT BE KNOWN BY THESE PRESENTS, that LB/L-RWR OTAY gt LLC ___ as thc subdivider (hereinafter ~Princip.]~), and GULF I~q~]RANCE COMPANY , a corporation of the State of T ~- ,,~,~ S,~ .~v ~. ~e held and fLrmly bound unto I~ ~oo .~. 01ereinaf~ :r ..... ~ "~ due C~ty of Chula Vista, a municipal co~poration (hereinafter 'City'), in the County of San Diego, State of California, and to and for die benefit of any and all persons who may suffer damage by reason of the breach of the conditions hereof, in the penal s,m of FIFTEEN THOUS.~ND DOLLARS AND NO/'L00'$*** dollars ($.1_5,0.c0.00'*** __.) lawful money of the United States, to be paid t9 City. V, qqEREAS, Principal is presently engaged in subdividing certain lands to be 0~.~ P~CH VILLAGE ~ WES~ - F,52 ...... subtl;v;.si,,a itl die City vf Chola Vi, t< ~d. WHEREAS, Principal and City have catered into a Subdivision Improvemevt Agreement approved by City Council Resolution No. __ (hereinafter referred to as "Agreement") whereby Principal agrees to instsR durable survey monuments for said subdivision, which said Agreement, dated ,20 - , and identified as project , is hereby referred to and made a part hereof; and, WHEREAS, Principal desires to not install durable survey monuments prior to the recordation of the final map of the subdivision and desires to install same at a later NOW, THEREFORE, the condition of the above obligation is that if Principal shall have installed durable monuments of the survey by HLRqSAKER ~ ASSOCIATES SAN DIEGO INC. in accordance with the final map of said subdivision, a copy of which said map is hereby made and same is incorporated herein as though set forth in full, and according to the ordiuances of the City of Chula Vista in full force and effect at the time of the giving of this bond, on or before the expiration of thirty (30) consecutive days following completion and acceptance of public improvements within said subdivision as specified in said Agreement, then the obligation shall be void, otherwise to be and remain in full force and effect. IN WITNESS WHEREOF, this 'n~__~mnnent has been duly executed by the Principal and Surety above named, on ~v.m,wR~ 1 ~: ,2000 . LB/L-RWR OTA~ 91, LLC Name of Princip~ (.%l:,pliczet~ Name of Surety Company By-'~'~ ~ __~ GULF INSUIqi~MCE COMP",q2IY By¥' Ad&ess of S~e~ Comply 101 ~EST BROaD~a~ --~ SAN DIE~O, CA 92~01 BE09299o) (619) 515-5100 Bon~Policy No. BE0929965 ' ' ABOVE-SIGNATORIES MUST BE NOTARIZI~,D APPROVED AS TO FORM: City ~l~ney H:',HOME~ENGINEERKLANDDEV~Forms-Word VersionkBond Monument~.do¢ STATE OF CALIFORNIA } }ss COUNTY 'OF SAN DIEGO} On September 15, 2000, before me, N. Ortiz, personally appeared David C. Banfer, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature ' I. ~------~'~/'x-3C~ ~ (THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK) GULF INSURANCE COMPANY BOND ST. LOUIS, MISSOURI NUMBER BE0929965 POWER OF A'rro RNEY NAME, ADDRESS KNOWN ALL MEN BY THE~E pRESiEN'I~: T~at the G~tf ~ PRINCIPAI~ Dl~¢~ of m~ ~atd C~mvaay on t~ 10th ctay ot Aua~ 1~93. to '~ic LB/L-RWR Otay 91, LLC 'RESOLVED, mat me Pmmdent. Executlv~ Vice president o* any .~nlo* Vice 16461 Sherman Way Ste. 350 Pr~ident of the Company ~zlt ha~a th~ authority t~ mak& ~t~-~t~ mad denver · Van Nuys, CA 91406 September 15; 2000 $ $15,000.00 , $ $15,000.00 David C. Banfer The obligatioa of the Compan¥~hatl not exceed five million ............................... ~5,000,000.00 .... ) IN V~[TNF~$ WHEREOF. the Gulf Insurance Company has caused these pre~cnts to besigned by any oll~ccr of the Com'pany and its Corporate Seal to -STATE OF NEWYORK COUNTY OF NEWYORK J N ~ / Lawrence P. Miniter Executive Vice President Oathi~ 25th dayof July ZO00 AD before mc came Lawcence E Miaitec known to me pcrsona yw obe ~k~.x~3~O~..~jJ Notary Public, State of New 't~ck STATE OF NEW YORK SS No. OZlAelsg634 COUNTY OF NEW YORK ~ Qualified in Kings County Signed and Sealed at Ihe City of New York. ~ Dated the 15th day of September .20 00 George giancardi Senlor Vice President CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California , County of ~ ,,~ personally appeared t~.)0 v',,...~ ~ ~_ Leo. v',._ [] personally known to me ~-T)'Fdved to me on the basis of satisfactory to be the _Dersen(-s) whose _name~s)_Ls/~e- subscribed to the within instrument and acknowledged to me that he__/sheA,hey executed the same in his/~ir authorized capacit~/(ias), and that by his__~/~¢~e~ir ~ ~ ~n ~ ~ ..... [ s~i.i.ignatur~ee(.s) on the instrument the p~rs~n~), or '~"My'C~.nm.E, pir.~r-~27,~,-.-~ the entity upon behalf of which the person(s-) acted, executed the instrument. OPTIONAL Description of Attached Document Title or Type of Document: Signer{s) Other Than Named Above: Capacity{ies) Claimed by Signer Signer's Name: [] Individual [] Partner-- [] Limited [] General [] Attorney in Fact [] Trustee ,] Guardian or Conservator [] Other: Signer Is Representing: Recording Requested by: CITY CLERK When Recorded, Mail to: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, Ca. 91910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Declarant SUBDIVISION IMPROVEMENT AGREEMENT <g_ ~HI~ AGREEMENT, made and entered into this ~lS~day of __ ~'~ , 2000, by and between THE CITY OF CHULA VISTA, a ~ntcipal corporation, hereinafter called "City", and RWR Companies, 3130 Bonita Road, Suite 200B, Chula Vista, CA 91910, hereinafter called "Subdivider" with reference to the facts set forth below, which Recitals constitute a part of this Agreement; RECITALS: WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as OTAY RANCH VILLAGE ONE WEST, SPA ONE, NEIGHBORHOOD R-53, CHULA VISTA TRACT NO. 98-06, 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. 19572, approved on the 17th day of August, 1999 ("Tentative Map Resolution"); and WHEREAS, complete plans and specifications for the construction, installation and completion of said public improve- ment work have been prepared and submitted to the City Engineer, as shown on Drawing Nos. 00085-1 through 00085-6 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 Four Hundred Thirty-Eight Thousand Nine Hundred Forty Dollars and No Cents ($438,940.00). 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 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 Two Hundred Nineteen Thousand Four Hundred Seventy Dollars and No Cents ($219,470.00) 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 Two Hundred Nineteen Thousand Four Hundred Seventy Dollars and No Cents ($219,470.00) to secure the payment of material and labor in connection with the installation of said public improvements, which security is attached hereto, marked Exhibit "B" and made a part hereof and the bond amounts as contained in Exhibit "B", and made a part hereof. 8. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of Seven Thousand Two Hundred Dollars and No Cents ($7,200.00) 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 6A - 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 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 p. ursuant 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 SUBDIVISION IMPROVEMENT AGREEMENT OTAY RANCH VILLAGE ONE WEST, SPA ONE NEIGHBORHOOD R-53, CHULA VISTA TRACT NO. 98-06 IN WITNESS W~EREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA RWR COMPANIES See Page Two of Signature Page Mayor of the City of Chula Vista ATTEST City Clerk Approved as to form by (Attach Notary Acknowledgment) PAGE TWO OF TWO SIGNATURE PAGES TO SUBDMSION IMPROVEMENT AGREEMENT OTAY RANCH VILLAGE ONE WEST, SPA ONE NEIGHBORHOOD R-53, CHULA VISTA NO. 98-06 LB/L-RWR OTAY 62 LLC, a Delaware limited liability company By: LB/L-RWR Master LLC,a Delaware limited liability company, its Member By: LB/Lakeside Capital Partners LLC, ~Managi~g~Member. I)ela~.ware limited liability company, its a Delaware limited liability company By: LB/L-RWR Master LLC,a Delaware limited liability company, its Member By: LB/Lakeside Capital Partners LLC, a Delaware limited liability company, its ~1~er (ATTACH~I~IENTS FOR ALL ABOVE SIGNATURES) ' (DATEI ~ (NAM EfflTLE O~ O[FICER-i.e." J~ ~ D~OT~ PUBLIC") {NAM[(S) OF SIGNER{SJl ~ personally known to me-OR-~ proved to me on the omc~.(s~ basis of satlstactory DPARTNER{S) OLIMI~D ' evidence to be the DGENERAL person (s) whose name(s) OA~O..~V ~N FACT as/are subscribed to the Dmus~s~ within instrument and DGUARDIANICONSERVATOR .............. acknowledged to me that UOmER: ~ P~~ he/she/they executed the ~) ~o~,u~uc"c~u~""~ same ~n his/her/their ~ s~ ~0 cou,~ authorized capacity(les), s~o.~, is REPRESENTINe: ~~'~ ........ signaturo(s) on the instrument the or the entitg upon behalf of which the person{s) acted, oxocutod the instrument. RIGHT mUMBffilNT (Optional) Witness my hand and official seal. ATTENTION NOTARY OFFICER(S) The information requested below and in the column to the right is OPTIONAL. Recording of this document is not required by law and ~s also optional. It could, however, prevent fraudulent attachment of this certificate to any ~PARTNER(S) ~LIMI~D unauthorized document. ~GEN/RAL ~IS CERTIFICATE T~le or Type of Do~ ent__~'~ ~ ~, ~. MUST BE A~A~ED ~ OGUARDIAN/CONSERVATOR TO~EDO~MENT Numberer Peges~_j Dete of Document ~- ~ ~ ~OTH~R: DESCRIBED AT RIGHT: (Name of Person(s) or Entity~ies) LIST OF EXHIBITS Exhibit "A" Improvement Security - Faithful Performance Form: Bonds Amount: $219,470.00 Exhibit "B" Improvement Security - Material and Labor: Form: Bonds Amount: $219,470.00 Exhibit "C" Improvement Security - Monuments: Form: Bonds Amount: $7,200.09 Securities approved as to form and amount by /UU ~-/City Attorney ~ Improvement Completion Date: Two (2) years from date of City Council approval of the Subdivision Improvement Agreement. H: ~home~at t orney\sia\ORR- 52 7 ua/u1/oo FRI 17:34 FAK 619 691 5171 CHULA VISTA ENGINEERING ~00, *** ISSUED IN TRIPLICATE *** BOND FORFAITttFUL PERFORMANCE I BondNo.: BE0929969 (To Be Used With Subdivision Improvement Agreement) Premium: Sa ~.889. oo WHEREAS, the City Council of the City of Chula Vis~a, County of San Diego, State of California, and LE/L-RWR OTAY 91 LLC (hereinafter "Principal") have entered into a Subdivision Improvement Agreement (hereinafter referred to as "Agreement") whereby Principal agrees to install and complete eerraln designated public improvements, which said Agreement, dated ,20 ., and identified as project R53 , is hereby referred to and made a part hereof; and, WI-IEREAS, said Principal is required under the terms of said Agreement to furvJsh a bond for faithful performance of said Agreement. NOW THEREFORE, we, the Principul and GULF INSURANCE COMPANY , a corporation of the State of ~i~ssouut , (hereinafter "Surety"), are held and firmly bound unto the City of Chula Vista, a municipal corporation (hereinafter "City") in the County of San Diego, State of California, mad to and for the benefit of any and all persons who may suffer damages by breach of the ennditions hereof, in the penal slim of TWO HUNDRED NINETEEN THOUSAND FOUR HUNDRED ($~219~470.00'**** ), laV~lll money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and adrainislrators, jointly and severally, fmxtly by these presents. The condition of this obligation is such that if the above-bound Principal, his or its heirs, executors, adminislrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and provisions in the said Agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at tile tira¢ and in the manner therein specified, and in all ~espects according to their true intent and mean;rig, and shall indemnify and save harmless City, its officers, agents and employees, es therein stipulated, then this obligation shall beenme null and void; otherwise, it shall be and remain in full force and effect. As part of the obligation secored hereby ~nd in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, ail to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any manner affect its obligation~ on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications. 09/01/00 FRI 17:35 FAX 619 691 5171 CHULA VISTA ENGINEERING ~005 In addition to the acts bonded for pursuant to the Agreement incorporated above, the following act~ and performances are additionally sul~ject to the terms of ti[ds bond: IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above ilatlled~ on SEPTEMBER 15 ,20 00. LB~J~mW~OTAY 91 LLC GULF INSURANCE COMPANY (Applicant) Name of Surety Company By ~ DAVID C. BANFER, ATTORNEY-IN-FACT 101 WEST BROADWAY STE 700 Address of Surety Company BE0929069 SA~ DIEGO CA 02~O1 Bond/Policy No. City State Zip Code ABOVE-SIGNATORIES MUST BE NOTARIZED APPROVED AS TO FORM: H:~IO~Gllq~EK~LANDDEVXFom~-Word VemionkBoad F~ith perf with SlA.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of '~ At~ '~["~'/ ss. personally appeared .~}~, ~:me~,.O~f~cer(e,g,"Ja~eD~e, Nota,yPublic"} Nares{s) of Signer(s) ~l~personally known to me L~ proved to me on the basis of satisfactory evidence to be tile person,(,~ whose name~ ic/:rc subscribed to the within instrument and acknowledged to me that he/c, he~ executed the same in h is/~:m~' authorized i, -- - --D~--N ;. ~; -- -- ~ capacity(.iee), and that by his/.be,~,their ,~f ~.zL'~ CommL~o~ # ~2~9755 · signature~ on the instrument the person~), or t[ ~ ~'~om~ ~l:~c- Col,lerr~ ~ the ~'~y O~on behalf of which the person(,~)' ~~,nd and official seal. Notary Seat Above ~"~',~-- - S~l~ry Public Place OPTIONAL Though the information be ow is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document, Description of Attached Document~ - Title or Type of Document: Documen' D ' O~//'~-/r''''v''~ t ate: !/I,.~lt.,'~ Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signe~'"~t~_.~ (/V, ~'~'-- Signer's Name: . - .],=. , ..... [] Individual [] Corporate Officer--Title(s): Top of thumb here [] Padner--~] Limited [] General [] Attorney in Fact [] Trustee [] Guardian or Conservator/~ i ~ J/"V~ ~ --7__~,.,.-,_. ~,,,t, ~ · ~ ,-,,. · GULF INc:'~.~"~ANCE 'COMPANy EONE) POWER OF~O~ NUMEER BE0929969 ~.~~~~~~, 16461 S~ WAY STE 350 ~ ~ ~ ~.~ ~ ~g~ ~ ~ ~ ~ V~ NUYS CA 91406 SEPTEMBER 15, 2000 ~ 219,470.00'** DAVID C. B~EER ~ m~ d~y ~ ~d d~e ~d ~ ~*h~.~d~ ~ ~c ~ ~i H~ ~ o~ N~ I~ ~c hc ~ ~e ~ Vice P~d~ o~ ~ G. ~AT~ OF NE;~'fORK ~- ~3 ' Na.~ZlA4~5~ COU~f OF NDNYORK J ~uaiifi~2 in Kin~ Caun? Ci~n~ :n~ !c2i~ :[ u~c C:ty of Nc.v York. (~~]~ Da~ed cite 15TH /~ d;y or__SEPTEMBER/ . · ~ 0, S~:dor V/ce P~idcnt *** ISSUED IN TRIPLICATE *** ......... O~ BOND FOR MATERIAL AND LABOR ]~ond No.: BE0929969 I I °BeUsedWith Subdivision Imp~ove~mentAgro~e~lt) ' I Premium: iNCLUDED tN , PERFORMAiqCE BOND WHEREAS, thc City Council of thc City of Chula Vista, County of San Diego. State of California, and_ ~ l ~ / [.l[W[ OTAY 91 LLC (hareina~er "Principal") have entered into a Subdivision Improvement Agreement (hereinafter referred to as "agreement") whereby Principal agrees to install and complete certain designated public improvements, which said Agreement, dated ., 19 , and identified as project R53 , is hereby referred to and made a part hereof; and, WHEREAS, under the terms of auld Agreement, Pfinoipal is required, before entre-tag upon the performance of the work, to file a good and sufficient payment bond with the City of Chula Vista to secure the claims to which reference is made in Title 15 (commencing with Section 3082), Part 4, Division 3, of the Civil Code of the State of Californim NOW THEREFORE, said Principal and GULF INSURANCE COMPANY ~ a corporation of the State of MISSOURI , (hereinaRer "Surety'd, are beld and firmly bocmd unto the City of Chula Vista, a municipal corporation 0tereinaRer "City'9 in the County of San Diego, State of Califor~da, and all contractors, subcontractors, laborers, material, men and other persons employed in the performance of the aforesaid Agreement and referred to in the aforesaid Code of Civil Procedure in the suns of 'we HUNDRED NINETEEN THOUSAND FOUR HUNDRED SEVENTY dollar8, ($. 219,470.00'**), lawful money of the United States, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said 8ttrety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses mid fees, includin~ reasonable attorney's fees, inourred by City ia successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file {:lalms under Title 15 (¢ollalalen¢ing with S~tion 3082), Part 4, Division 3, of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise, it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to b~ performed thereunder or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications. 17:34 ~'AX §19 691 $171 CHULA VISTA ENGINEERING ~UU3 IN WITNESS WI~EREOF, this instrument has been duly executed by the Principal and Surety above flamed, o11 SEPTEMBER 15 ,1~9. 2009 LB/L-RWR OTAY 91 LLC GULF INSURANCE COMPANY N~al (Applicant) Name of Su~ty Company Si~L~f~ DAVID C. I~ANFER, ATTORNEY-IN-FACT By. 101 WEST BROADWAY STE 700 Address of Surety Company BE0929969 SAN DIEGO CA 92101 Bond/Policy No. City State Zip Code ABOVE-SIGNATORII~S M-~JST BE NOTARIZED APPROVED AS TO FORM: H:kHO ME~ENGINP~RkLAWDDEV~Fo/ms-gt ord V,:~sion~lvl&L...B OND. SIA CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of .~ .A~ .~-.~/ ss. On 0~/~/OO ,before me, personally appeared Name(s) of Signer(s) ~personally known to me ~ proved to me on the basis of satisfacto~ evidence to be the perso~ whose name~ it/crc subscribed to the within instrument and acknowledged to me that he/~ executed the same in his/~ authorized --~---~.~----~ capacity~, and that by his/~ ~ -, ~ c~ ~.1~97~ · signature~ on the instrument the person~), or ~ ~ ~ p~. ~ ~ the entit~ behalf of which the person~ ] ~/ ~ ~g~. C~ ~ ac~ the instrument. .............. Wl~(~ and official seal. OPTIONAL Though the info~ation below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent ~moval and rea~achment of this fo~ to another document. Description of A.ached Title or Type of Document: Document Date 0~/~ ~~'~ ~ Si~ner(s) Other lhan ~amod Abovo: Capa?ty(ies) Claimed by Signe~/~ Signer s Name: ~ Individual ~ Corporate Officer -- Title(s): Top of thumb hem ~ Pa~ner--~ Limited ~ General ~ A~orney in Fact ~ Trustee ~ Guardian or Conse~ator Signer Is Representing: STATE OF CALIFORNIA } }ss COUNTY OF SAN DIEGO} On September 15, 2000, before me, N. Ortiz, personally appeared David C. Banfer, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrumem and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK) Oi~d~ [Om~~,~ LB/L-RWR OTAY 91 LLC ~~-~m~~ 16461 S~N WAY STE 350 ~ ~'~ "~"-g~ ~ ~--- ~'~ ~ V~ NUYS CA 91406 ~ ~u~/ or ~ ~ ~ ~ ~ ot ~ ~ SEPTE~ER 15, 2000 ~ 219,470.00'** DAVID C. B~ER / . ~A~ OF N~YO~K ] SS ~ecucive Vice P~id~nc Oa~ laKa COU~f OF N~.~YORK J Q~tia~ i. Ki.~ cau.? ~;g.~ :nd ~gai~ =[ (tlc ,~ly Of' N~.v York. ~ Dated cbc 15TH day of SEPTEMBER . ~0 0( - /' S¢:~iur Vlcc P~idcnt ISSUED IN TRIPLICATE SLrRVEY MONUMENT INSTAI,LATION BOND Bond No.: BE0929968 Pre.m: $~8o.oo LEr ~ BE ~O%~ BY ~SE P~SENTS, ~at La/L-RWR OTAY 9L, LLC ~ ~e su~i~der ~ere~er '~cip~ "), ~d_ G~F *?~SURANCE COMPaNv , a co~ora6on of ~he S~re of EISSOURI ' ~er~Rer 'S~"), ~ h=ld ~d ~y bound · e Ci~ of Ch~ V~m, a m~c~ co~ora6on ~re~er 'C~"), ~ ~ Coun~- S~ Di~go, S~e of C~ifo~a, ~d m ~d for ~: benefir of ~y ~d ~ perso~ who ~y suffer H~m~ge by re. on of~ br~ of~e conffi6om h~reof, ~ ~e De~ ~ of SEV~ THOUSAND TWO H~DRED DOLLARS AND NO/100'S** doH~s (5 7,200.00*** ) Ia~l money'of~ U~tcd Stores, ~o be p~d ro C~. ~n~AS, ~mcip~ is pr~e~y e~g~ge~ ~ sub~d~g c~ua~. ~ds ~ b~ ~ov,~ ~ OTAY ~%NCH VItaE I ~ST - ~3 sub~io~ ~ ~e CiU of ~a V~m; ~d, ~KS, ~cip~ ~d Ciq~ Mve entered ~o a Subdivision ~provemen: A~emen[ approved by Ci~ Co~c~ R~oludon No. ~ere~ff~r r~fe~ed ~o ~ 'A~m") whereby P~c~p~ a~es to ~ tmab~= su~y mo~menm for sad ~bdi~sion. w~ch s~d Ag~em~I, ,20 . , ~ ~de~6fied ~ project R53 (MONUMENTATiON) , ~ hereby refe~eff ro ~d made a p~ hereof; ~d, ~AS, P~ci?l d~kes m nor ~ d~abI~ su~ey monumenm p~or to ~e r~or~on of ~= ~ map of ~ sub~v~ion ~d d~s~es ro ~ s~e ar a larer date, NOW, ~E~FO~. ~e co~ffi6ou of ~e above obligation is ~ar ~ Pr~cip~ sh~l haw ~ed d~able monm~nm of ~e ~ey by H~S~R ~D ASSOCIATES S~ DIEGO INC. in aczordance with the final map of said subdivision, a copy of which said map is hereby made and same is incorporated herein as though set forth in full, and according to the ordinances of the City. of Chuia Vista in full force and effect at the time of the giving of this bond, on or before the expiration of thirty (30) consecutive days following completion and acceptance of public irnprovmnents within said subdivision as specifiec[ in said Agre=ment, then the obligation shaft be void, otherwise to be and remain in full force and effect. i2q WITI, IF_~SS VqI-II~!RJ~OF, this instw,ment has been duly executed by tlxe Principal and Surety above named, on gMPTEMBEI:t !5. , 2000 LB/L-RWH OT~.Y 91, LLC Nmme of Pr/nC~al (Ap/RI/cant)' Name of Surety Company By~ ~ ~_.~ GULF iNSURANCE By_ Address of S~e~ Comply _ iOl WEST BRO~WAY ~700 _~0929968 SAN DIEGO, CA 9210~ Bond/Policy (619) 515~100 .a_BOVE-SIGNATOR.I~S MI.rST BE NOT~-kRIZED APPROVED AS TO FOILM: Ci~ ~fol./ney H:~IOME~'NGiI¥'6ER'd_,ANI)DEVXFormmWord Version~load Monumenm. do¢ STATE OF CALIFORNIA } }ss COUNTY OF SAN DIEGO} ON, SEPTEMBER 15, 2000 before me, N. Ortiz, personally appeared David C. Banfer, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ~ Signature (THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK) GULF INSURANCE COMPANY BOND ST. LOUIS, MISSOURI NUMBER BE0929968 POWER OF A-l-t O RHEY NAME, ADORESS KN~fFI ALL MEN BY THESE PRESENT& Tl~t ~h~ Gulf [m~"~nce PRINCIPAL: ~..o0. ~o~ ~ ~ F~. · ~ ~ of ~ ~ o~ LB~-R~ Otay 91, LLC 'R~OLVED. ~t ~ P~l~nc ~U~ Vice P~l~ ~ my ~nl~ V~ce 16461 Sherman Way Ste. 350 P~d~.~ o~ ~ ~y ~. ~ ~ ..~.~ ~ ~ ~ ~ ~,~ · Van Nuys, CA 91406 ~: September 15, 2000 $ $ 7,200.00 $ $ 7,200.00 David C. Banfer ' Tt~e ob~ig,,io,~ of the C.~mpamy ,baa ....~five million ............................... ~5,000,000.00 .... )~o*, .... ~e~ , GULF INSU~NCE COMPANY 'STATE OF NEWYORK } SS ~ ~ce(i~~ COU~ OF NEWYORK ' ' ' Executive Vice President STATE OF NEW YORK SS No. 0ZJA4SSSa34 COUNTY OF NEW YORK Qualified in Kings Cou.ty Sig.~ and Seal~ a~ dm City of New York. ~ Dated the 15m day o~eptember . z0 00 George Biancardi CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California '~ Countyof .%c~V~ ~_ ,b~.~O ~ ss. personally appeared ~)O~ J ~' ~ ~ , Name(s) of Signer(s) ~ personally known to me ~ved to me on the basis of satisfacto~ evidence to be the ~) whose ~)~s/~ subscribed to the within instrument and acknowledged to me that ~ executed the same in ~/~r authorized ] ~~ ~ ~ ~ [ n~?nity(~), and that by his/hcdt,hclr ~~~b~ ~onature~) on the instrument the person~, or the entity upon behalf of which thews) acted, executed the instrument. nd and o~cial seal. Place Nota~ Sea~ Above Signature of Nota~ Public OPTIONAL Though the information below is not required by lam it may prove valuable to persons ~lying on the document and cou/d prevent fraudulent removal and rea~achment of this form to another document. Description of A~ached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ~ Individual Top of thumb here ~ Corporate Officer-- Title(s): ~ Padner-- ~ Limited ~ General ~ A~orney in Fact ~ Trustee [] Guardian or Conse~ator ~ Other: Signer Is Representing: ~ 1997 National No~a~ Associslion - 9350 De Sore Ave, Re Box 2402 · Chatswodh, CA 91313-2402 Prod No. 5~7 Reorder: Call Toll Free 1-8~ 876~827 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE nB" MAP SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 98-06, NEIGHBORHOODS R-51A, R- 5lB, R-52 and R-53, PORTION OF VILLAGE ONE WEST, OTAY PJkNCH SPA ONE, REQUIRING DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTION NO. 19572 AND 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. 19572. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the "B" Map Supplemental Subdivision Improvement Agreement for Chula Vista Tract No. 98-06, Neighborhoods R-51A, R-51B, R-52 and R-53, 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 Joh~/~. Kaheny Director of Public Works City Attorney [H \H OM E/ATTORN EY/RESOtssia Otay Ranch Neighborhoods R-51A, R-52B, R-52and R-53 (October 3, 2000 (10:19am)] RECORDING REQUEST BY: City Clerk WHEN RECORDED MAIL TO: CITY OF Ch~CrLAVISTA 276 Fourth Avenue Chula Vista, CA 91910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Developer Above Space for Recorder's Use SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR THE FINAL "B" MAPS OF NEIGHBORHOODS R-5 lA, R51B, R52 AND R53 IN VILLAGE ONE WEST, SPA ONE OF THE OTAY RANCH PROJECT (Conditions: 1,3, 4, 5, 8, 9, 10, 11, 23, 26, 29, 38, 39, 42, 45, 62 b, c, and d, 63, 94, 96, 115, 116, 118, 123, 126, 129, 130, 132, 133,134, 138, 139, 140, and 144 of Resolution No. 19572) This Supplemental Subdivision Improvement Agreement ("Agreement") is made this da), of October, 2000, by and between THE CITY OF CHULA VISTA, California ("City" or "Grantee" for recording purposes only) and the signators of this Agreement, OTAY PROJECT L.P., a California Limited Partnership, LB/L-RWR Otay 91 LLC, a Delaware limited liability company, LB/L-RWR Otay 62 LLC, a Delaware limited liability company (collectively referred to as "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 certa'm real property located in Chula Vist& Califomia, more particularly described on Exhibit "A" attached hereto and incorporated herein ("Property"). The Property is part of the Otay Ranch, Village One West, SPA One, a master planned development. For purposes of this Agreement the term "project" shall also mean "Property". Developer has applied for final maps for the Property, more specifically known as Neighborhoods R-51 A, R-51 B, R-52 and R-53. B. Otay Project L.P. conveyed title to Planning Areas R-51A, R-51B, R-52B and R-53 to LB/L-RWR Otay 91 LLC, and LB/L-RWR Otay 62 LLC on Dec. 29, 1999. C. Developer and/or Developer's predecessor in interest has applied for and the City has approved Tentative Subdivision Map commonly referred to as Chula Vista Tract 98-06 ("Tentative Subdivision Map") for the subdivision of the Property. D. The City has adopted Resolution No. 19572 ("Resolution") pursuant to which it has approved the Tentative Subdivision Map subject to certain conditions as more particularly described in the Resolution. E. City is willing, on the premises, security, terms and conditions herein contained to approve final map of the property known as Neighborhoods R-51A, R-51B, R-52 and R-53 as being in substantial conformance with the Tentative Subdivision Map described in this Agreement. Developer understands that subsequent final maps may be subject to the same security, terms and conditions contained herein. F. The following defined terms shall have the meaning set forth herein, unless otherwise specifically indicated: 1. For the purposes if this Agreement, "Final Map" means each of the final maps for Neighborhoods R-51 A, R-51 B, R-52 and R-53 of Otay Ranch Village One West, SPA One. 2. "commencing construction" means when a construction permit or other such approval has been obtained from the City or a construction contract has been awarded for the improvement, whichever occurs first. 3. "complete construction" means when construction on said improvement has been completed and the City accepts the improvement. 4. "Owner or Developer" means the person, persons or entity having a legal or an equitable interest in the property or parts thereof and includes Owner's successors-in-interest and assignors of any property within the boundaries of the map. This includes Otay Project, L.P. and any and all owners of real property within the boundaries of the Property, and all signatories to this Agreement including: i) Otay Project, L.P. ii) LB/L-RWR Otay 62 LLC iii) LB/L-RWR Otay 91 LLC 5. "guest builder" means those entities obtaining any interest in the Property or a portion of the Property, after the Final Map has been recorded. 6. "PFFP" means the SPA One Public Facilities Finance Plan adopted by Resolution No. 18286 as may be amended from time to time. 7. "RMP 2" means the Otay Ranch Resource Management Plan, Phase 2, approved by the City Council on June 4, 1996, as may be amended from time to time. 8. "'A' Map'Agreement" means the Supplemental Subdivision Improvement Agreement for the Village One West "A" Map No. 1, map number thereof 14029, adopted by Resolution No. 2000-302. 9. "Preserve/Owner Manager" is the entity or entities defined by the RMP 2 with the duties and responsibilities described therein. 10. "SPA One Plan" means the Otay Ranch Sectional Planning Area Plan as adopted by the City Council on June 4, 1996 pursuant to Resolution No. 18286 and amended on February 16, 1999 by Resolution No. 19376. 11. "Olympic Parkway Agreement" means the Agreement for the Financing and Construction of Olympic Parkway and Related Roadway Improvements approved by the City Council on April 20, 1999 by Resolution No. 19410. NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein contained, the parties agree as set forth below. 1. Performance Obligation. Otay Project, L.P., signator to this Agreement, represents to the City that it is acting as the master developer for this Project and expressly assumes performance of the obligations set forth in paragraphs 7, 8, 9 and 14 of this Agreement. Notwithstanding the foregoing, all parties to this agreement acknowledge and agree that all such obligations remain a covenant running with the land as set forth more particularly in paragraph 2 below. The City in its discretion will make a good faith effort to execute on bonds securing the obligations contained herein to the extent necessary to complete any unfulfilled obligations of the master developer. 2. Agreement Applicable to Subsequent Owners. a. Agreement Binding Upon Successors. This Agreement shall be binding upon and inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property until released by the mutual consent of the parties. b. Agreement Runs with the Land. The burden of the covenants contained in this Agreement ("Burden") is for the benefit of the Property and the City, its successors and assigns and any successor in interest thereto. City is deemed the beneficiary of such covenants for and in its own right and for the purposes of protecting the interest of the community and other parties public or 3 private, in whose favor and for whose benefit of such covenants running with the land have been provided without regard to whether City has been, remained or are owners of any particular land or interest therein. If such covenants are breached, the City shall have the right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach to which it or any other beneficiaries of this Agreement and the covenants may be entitled. c. Developer Release on Guest Builder Assignments. If Developer assigns any portion of the Project to a guest builder, Developer may request to be released from Developer's obligations under this Agreement, that are expressly assumed by the guest builder. Developer must obtain the written consent of the City to such release. Such assignment to the guest builder shall, however, be subject to this Agreement and the Burden of this Agreement shall remain a covenant running with the land. The City shall not withhold its consent to any such request for a release so long as the assignee acknowledges that the Burden of the Agreement hms with the land, assumes the obligations of the Developer under this Agreement, and demonstrates, to the satisfaction of the City; its ability to perform its obligations under this Agreement as it relates to the portion of the Project which is being acquired by the Assignee. d. Partial Release of Developer's Assignees. If Developer assigns any portion of the Project subject to the Burden of this Agreement, upon request by the Developer or its assignee, the City shall release the assignee of the Burden of this Agreement as to such assigned portion if such portion has complied with the requirements of this Agreement to the satisfaction of the City and such partial release will not, in the opinion of the City, jeopardize the likelihood that the remainder of the Burden will not be completed. e. Release of Individual Lots. Upon the occurrence of any of the following events, Developer shall, upon receipt of the prior written consent of the City Manager (or Manager's designee), have the right to release any lot(s) from Developer's obligation under this Agreement: i. The execution of a purchase agreement for the sale of a residential lot to a buyer of an individual housing unit; ii. The conveyance of a lot to a Homeowner's Association. The City shall not withhold its consent to such release so long as the City finds in good faith that such release will not jeopardize the City's assurance that the obligations set forth in this Agreement will be performed. At the request of the Developer, the City Manager (or Manager's designee) shall execute an instrument drafted by Developer in a recordable form acceptable to the City Manager (or Manager's designee) which confirms the release of such lot or parcel from the encumbrance of this Agreement. Notwithstanding the foregoing, 1) at the close of an individual homeowner's escrow, or 2) conveyance to a homeowner's association of any lot or parcel encumbered by this Agreement, such 4 lot or parcel shall be automatically released from the encumbrance hereof. 3. Condition No. 1 - (General Preliminary). In partial satisfaction of Condition 1 of the Resolution, Developer hereby agrees to comply with the requirements and guidelines of the Otay Ranch General Development Plan (GDP), the SPA One Parks, Recreation, Open Space and Trails Plan, the Public Facilities Financing Plan ("PFFP"), Ranch-Wide Affordable Housing Plan, SPA One Affordable Housing Plan, and the SPA One Non-Renewable Energy Conservation Plan, as may be amended from time to time, and shall remain in compliance with and implement the terms, conditions and provisions of said documents. 4. Condition No. 3 - (General Prelimin_ary). In partial satisfaction of Condition No. 3 of the Resolution, Developer agrees that if any of the terms, covenants or conditions contained within the Resolution shall fail to occur or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to deny the issuance of building permits for the Project, deny, or further condition the subsequent approvals that are derived from the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The Developer shall be notified ten (10) days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City within a reasonable period of time. 5. Condition No. 4 - (General Preliminary). In partial satisfaction of Condition No. 4 of the Resolution, Developer hereby agrees to indemnify, protect, defend and hold the City harmless from and against any and all claims, liabilities and costs, including attorney's fees, arising from challenges to the Enviroumental Impact Report for the Project and/or any or all entitlements and approvals issued by the City in connection with the Project. 6. Condition No. 5 - (General Preliminary). In partial satisfaction of Condition No. 5 of the Resolution, Developer hereby agrees that Developer shall comply with all the applicable SPA One conditions of approval. 7. Condition Nos. 8, 10 and 11 - (Conveyance Obligation). In partial satisfaction of Condition Nos. 8, 10, and 11, the Developer agrees as follows: a. The Developer provided the City with Irrevocable Grants of Fee Title, of approximately 712.5 acres of real property in accordance with the RMP 2, a portion of which (60.84 acres) is intended to satisfy the particular acreage conveyance obligation of the Final Maps at a rate of 1.188 acres of conveyance per acre of area within the Final Maps, as of the date of this Agreement. But such obligation may be subject to change in accordance with paragraph c below. Any remaining amount shall be credited towards any future map obligations. b. That such dedicated property shall be granted in fee title to the City and County of San Diego ~s joint tenants and subject to the approval of the Preserve Owner/Manager. Should the 5 Preserve Owner/Manager not approve this conveyance, Developer agrees to convey equivalent real property that complies with this provision. c. That Developer shall convey additional real property if necessary in order to comply with the conveyance formula described in RMP 2, as may be amended by City. Developer acknowledges that the amended RMP 2 may contain a conveyance formula greater than 1.188 acres per developable acre. d. That all land to be conveyed as described above shall be free and clear of liens and encumbrances except for easements for existing public infrastructure and other easements approved by the City or for planned public infrastructure as permitted in the.RMP, Phase 2. Developer further agrees to pay all taxes and assessments as they came due as to the land to be conveyed until title has legally transferred to the City and County of San Diego. e. Developer acknowledges that property within the boundaries of the "A" Map which will be the subject of future final maps may have conveyance obligations to fulfill for all development areas, including applicable streets, open space lots, paseos, pedestrian parks and slope areas shown on the "A" Map. 8. Condition No. 9 - (CEQA). In partial satisfaction of Condition No. 9 of the resolution, prior to approval of each final "B" Map, the Developer shall implement all applicable mitigation measures identified in EIR 95-01, subsequent EIR 97-03, the CEQA Findings of Fact for this Project (on file in the City Clerk's Office as Document No. CO96-056 and Resolution No. 18286 ) and the Mitigation Monitoring and Reporting Program (on file in the City Clerk's Office as Document No. CO96-057 and Resolution Nos. 18284 and 18285). 9. Condition No. 23 -(Driveways). In partial satisfaction of Condition No. 23 of the Resolution the Developer agrees to provide a minimum of thirty percent of all 60xl 10 feet lots in each final map with Hollywood driveways, and comply with the requirements of the Otay Ranch SPA One Planned Community District Regulations as may be amended from time to time. 10. Condition No. 26 and 29 (streets, right-of-way and public improvements). In partial satisfaction of Condition Nos. 26 and 29 of the Resolution Developer hereby agrees as follows: a Improvement Work. Developer agrees to construct the street improvements and land development work in and adjoining and required by said subdivision in accordance with the PFFP and the Olympic Parkway Agreement and as shown on the Drawings set forth on Exhibits "B" ("Street and Public Improvements"), at its own expense, without any cost to the City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer. Developer further agrees to furnish the necessary materials therefore; all in strict conformity and in accordance with the plans and specifications, which documents have heretofore been filed in the Office of the City Engineer and by this reference are incorporated herein and made a part hereof. B-7 ' Developer shall complete construction of the Street Improvements on or before the earlier of the second anniversary date of Council approval of this Agreement or, if prior to Council approval of this agreement, a construction permit was issued for any portion of said Street Improvement, then construction on that portion for which a permit was issued shall be completed on or before the second anniversary date of issuance of said permit. It is expressly understood and agreed to by Developer that, in the performance of construction of said Street Improvements, Developer shall conform to and abide by all of the provisions of the ordinances of the City of Chula Vista, and the laws of the State of California applicable to the work specified as follows: i. Traffic Signal Improvements for East Palomar Street between the easterly boundary of Village One West and Paseo Ranchero Street, inclgding signals at Santa Olivia and Santa Maria as shox~m on City of Chula Vista Drawing Nos. 00144-1 to 00144-3. ii. Prior to construction of East Palomar Street and Santa Olivia, the City of San Diego Otay 2na Pipeline ("Waterline") shall be protected in place where it crosses beneath East Palomar Street and Santa Olivia shown on the East Palomar Street Improvement Plans (Chula Vista Drawing Nos. 0009-1 to 0009-16) and Village One West, Phase 1 Improvements Plans (Chula Vista Drawing Nos. 00063-1 to 00063-14), respectively. The protection of the Waterline shall be as approved by the City San Diego in accordance with the "Right of Entry Permit - Otay 2''d Pipeline Project Three Locations" (the draft of which is attached.hereto as Exhibit "C"). After removal of the Waterline from service it shall be abandoned in-place in a manner to be approved by the City Engineer of the City of Chula Vista. b. Bonding. i. Developer agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this Agreement, and to thereafter maintain until City acceptance of the work referenced herein, a cash deposit or an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sums as set forth on Exhibit "B", which security shall guarantee the faithful performance in connection with the installation of the Street Improvements as shown on Exhibit "B". ii. Developer agrees to furnish and deliver to the City of Chula Vista simultaneously with the execution of this Agreement, and to thereafter maintain until City acceptance of the work referenced herein, a cash deposit or an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sums as set forth on Exhibit "B" to secure the payment of material and labor in connection with the installation of said Street Improvements, which security is shown on Exhibit "B". iii. Developer acknowledges and agrees that if the Street Improvements are not completed within the time agreed herein, the sums provided by said cash deposit and/or improvement securities may be used by City for the completion of the Street Improvements in accordance with those approved plans and specifications contained on Exhibit "B", or at the option 7 of the City, for those improvements shown on Exhibit "13" that are less than, but not greater to, the sums provided by said cash deposit and/or improvement securities. Upon certification of completion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole mount, or any part thereof not required for payment thereof, may be released to the Developer or its successors in interest, pursuant to the terms of the improvement security. Developer agrees to pay to the City any difference between the total costs incurred to perform the work, including limited and reasonable design and administration of construction in substantial conformance with the approved plans (including a reasonable allocation of overhead), and any proceeds from the improvement security. e. Developer's Costs and Expenses. It is also expressly agreed and understood by the parties hereto that in no case will the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall the City or the City's officer, sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor. d. Plan Check fees and Additional Costs. It is further understood and agreed by Developer that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the Street Improvements plans and installation of Street Improvements described above, as required by City and approved by the City Engineer shall be paid by Developer, and that Developer shall deposit, prior to recordation of the Final Map, with City a sum of money sufficient to cover said cost. e. Maintenance Costs. Developer understands and agrees that until such time as all of the Street Improvements as covered by any particular bond are fully completed and accepted by City, Developer shall be responsible for the care, maintenance of, and any damage to, such streets and any alleys, easements, water and sewer lines. It is further understood and agreed that Developer shall guarantee all of the Street Improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of Developer, its agents or employees in the performance of this Agreement, and that upon acceptance of the work by City, Developer shall grant to City, by appropriate conveyance, the public improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. f. Indemnification Developer further understands and agrees that City, (as "Indemnitee") or any officer or employee thereof, shall not be liable for any bodily injury, death, or property damage, including thereto hazardous materials and property takings claims occasioned by reason of the acts or omissions of Developer, its subcontractors or suppliers, its agents or employees, or Indemnitee (which are not the result of Indernnitee's sole negligence or willful misconduct), related to the construction of the Street Improvements. Developer further agrees to defend, indemnify, protect and hold the Indemnitee, its officers and employees, harmless from any and all claims, demands, causes of action, liability, costs and expense (including, without limitation, reasonable attorney's fees) or loss for bodily injury, death or property damages, including thereto hazardous materials and property takings claims because of or arising out of Developer's construction of the Street Improvements or the acts or omissions of Developer, its subcontractors or suppliers, its agents or employees, or Indemnitee, related thereto; provided, however, that Developer shall have no obligation to indemnify, defend, protect or hold Indemnitee harmless from any such losses, claims, demands, causes of action, liability, damages, costs or expenses which arise out of the sole negligence or willful misconduct of the Indemnitee or any officer or employee thereof. Developer further agrees to defend, indemnify, protect and hold the Indemnitee, its officers and employees, harmless from any and all claims, demands, causes of action, liability, cost and expense (including without limitation, reasonable attorney's fees) made or incurred by such third parties pursuant to or arising out of contracts entered into by. third parties with or on behalf of Developer or its successors, assigns or agents concerning construction of the Street Improvements; provided, however, that Developer shall have no obligation to indemnify, defend or hold Indemnitee harmless from any such losses, claims, demands, damages, causes of action, liability, costs and expenses to the extent that they have arisen due to the sole negligence or willful misconduct of Indemnitee. The cash deposits and/or 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 construction of the Street Improvements as provided herein. It shall also extend to damages resulting from diversion of waters, change in the volume of flow, modification of the velocity of the water, erosion or siltation, or the modification of the point of discharge as the result of construction of the Street Improvements. The approval of plans for the Street Improvements shall not constitute the assumption by City of any responsibility for such damage or taking, nor shall City, by said approval, be an insurer or surety for said work and related improvements. The provisions of this paragraph shall become effective upon the execution of this Agreement and shall remain in full force and effect for ten (I0) years following the acceptance by the City of the Street Improvements. 11. Condition No. 38 (Street Trees). In partial satisfaction of Condition No.38 of the Resolution: a. Developer shall obtain approval from the Director of Planning and Building and the City Engineer of a separate street tree improvement plan which includes the final selection of trees, the location of trees within the parkway, and in relation to water laterals, sewer laterals, dry utilities, driveways, inlets and pedestrian ramps, within thirty (30) days of the approval of the Final Maps. Developer understands that the City may withhold the issuance of building permits within the Final Maps if the street tree improvement plan is not approved within said thirty (30) day period. b. Developer, upon request of the Director of Plarming and Building, shall plant within all street parkways, trees which have been selected from the revised list of appropriate tree species described in the Village Design Plan which shall be approved by the Directors of Planning and Building and Public Works. The Developer shall provide root control methods per the requirements of the Director of Planning and Building and a deep watering irrigation system for the trees. 9 12. Condition No. 39 - (ADA Standards). In satisfaction of ConditionNo. 39 of the Resolution the Developer agrees that in the event the Federal Government adopts American with Disabilities Act ("ADA") standards for street rights-of-way which are in conflict with the standards and approvals contained herein, all such approvals conflicting with those standards shall be updated to reflect those standards. Unless otherwise required be federal law, City ADA standards may be considered vested, as determined by Federal Regulations, only at'er construction has commenced. 13. Condition No. 42 - {Driveway Setback). In partial satisfaction of Condition No. 42 of the Resolution, the Developer agrees to provide on streets where cul-de-sacs are 150 feet or less in length, a twenty-foot setback on driveways from property line to garage and sectional roll-up type garage doors except as provided for in the Planned Community District Regulations or approved by the City Engineer and the Director of Planning and Building 14. Condition No. 62 b, c and d - (Basin Maintenance Agreement). In satisfaction of Condition No. 62 b, c and d, within sixty days (60 days) of the approval of the final map the Developer complete the following Poggi Canyon Channel and Detention Basin requirements: b. Prepare a maintenance program including a schedule, estimate of cost, operations manual and a financing mechanism for the maintenance ofthe applicable facilities. Said program shall be subject to approval of the City Engineer, the Director of Planning and Building, and the applicable environmental agencies. c. Enter into an agreement with the City of Chula Vista wherein the parties agree to implement the maintenance program. Such agreement may include environmental agencies the City of Chula Vista deems necessary parties to such agreement. d. Enter into an agreement with the City where the developer agrees to the following: (i) Provide for the maintenance of the naturalized channel and detention basin in Poggi Canyon until such time as maintenance of such facilities is assumed by the City or an open space district. (ii) Provide for the removal of siltation in Poggi Canyon Channels (including detention basins) until all upstream grading within the development is completed and erosion protection planting is adequately established as determined by the City Engineer and Director of Planning and Building. (iii) Provide for the removal of any siltation in the Poggi Canyon Channel (including detention basins) attributable to the development for a minimum period of five years after maintenance of the facility is accepted by the City i0 or an open space district. 15. Condition No. 63 - (NPDES). In satisfaction of Condition No. 63 of the Resolution, Developer agrees to comply with all the provisions of the National Pollutant Discharge Elimination System (NPDES) and the Clean Water Program. 16. Condition No. 45 - (Privately Owned Utilities). In partial fulfillment of Condition No. 45 of the Resolution, the developer agrees not to install privately owned water, reclaimed water, or other utilities crossing any public street. This shall include the prohibition of the installation of sleeves for future construction of privately owned facilities. The City Engineer may waive this requirement if the following is accomplished: a. The developer enters into an agreement with the City where the developer agrees to the following: (i) Apply for an encroachment permit for installation of the private facilities within the public right-of-way. (ii) Maintain membership in an advance notice such as the USA Dig Alert Service. (iii) Mark out any private facilities owned by the developer whenever work is performed in the area. The terms of this agreement shall be binding upon the successors and assigns of the Developer. b. Shutoff devices as determined by the City Engineer are provided at those locations where private facilities traverse public streets. 17. Condition No. 94 - (MHOA Maintenance Responsibilities). In satisfaction of Condition No. 94 of the Resolution, Developer agrees to notify future property owners at escrow, by a document to be initialed by the property owner, of the maintenance responsibilities of the Otay Ranch One Master Homeowner Association ("MHOA") and the estimated annual cost of those maintenance responsibilities. 18. Condition No. 96 - (Walls on City Property). In satisfaction of Condition No. 96 of the Resolution, 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. 19. Condition No. 115 - (Withhold Building Permits and Hold Harmless). In partial satisfaction of Condition No. 115 of the Resolution, the Developer understands and agrees that the performance of Developer's obligations hereunder is required for the health and safety of the residents of its Project. Therefore Developer agrees: a. That the City may withhold building permits for any and all buildings within the Project if any one of the following occur: (i). Regional development threshold limits set by the East Chula Vista Transportation Phasing Plan, 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 fi.om 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 utilities shall include, but not be limited to, air quality, drainage, sewer and water. (iii.) The Developer does not comply with the terms of the Reserve Fund Program. b. That the City may withhold building permits for any of the phases of development identified in the PFFP, if the required public facilities, as identified in the PFFP or as amended by the Annual Monitoring Program or otherwise conditioned have not been completed or constructed to satisfaction of the City. c. That, on the condition that City shall promptly notify the Developer of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense, the Developer shall defend, indemnify, and hold harmless the City, and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees, to attack, set aside, void or annul any approval by the City, including approvals by its Planning Commission, City Council, or any approval by its agents, officers, or employees with regard to this Project. d. That, on the condition that City shall promptly notify the Developer of any claim, action or proceeding, Developer shall defend, indemnify, and hold harmless the City, and its agents, officers and employees, from any claim, action, or proceeding against the City, or its agents, officers or employees, related to erosion, siltation or increased flow of drainage resulting fi.om the Property. City agrees to reasonably cooperate with Developer in the defense of any such action, claim or proceeding. e. In partial satisfaction of Condition No. 115(e) of the Resolution, the Developer understands and agrees that cable television companies franchised by the City of Chula Vista may place conduit within the City easements and provide cable television service for lots within the Final Map area, as described on Exhibit A. Developer agrees to comply with all rules, regulations, ordinances and procedures regulating and affecting the operation of cable television within Chula Vista. Developer further acknowledges and agrees that Developer will not in any way impair or interfere with City's use of City's easements as described herein. 12 5/g- /$ f. That the City may withhold the issuance of building permits for the Project, should the Developer be determined by the City to be in breach of any of the terms of the Tentative Map Conditions or any Supplemental Agreement, including this Agreement. The City shall provide the Developer of notice of such determination and allow the Developer reasonable time to cure said breach. 20. Condition No. 116- (Congestion Management Program). In satisfaction of Condition No. 116 of the Resolution the Developer agrees: a. To participate, on a fair share basis, in any deficiency plan or financial program adopted by SANDAG to comply with the Congestion Management Program (CMP) and b. To not protest formation of any future regional impact fee program or facilities benefit district to finance the construction of regional facilities described in the Otay Ranch GDP and Otay Ranch SPA One PFFP. This agreement to not protest the inclusion of these public improvements shall not be deemed a waiver of the right to challenge the amount of any fee, which may be imposed due to these new improvements and shall not interfere with the right of any person to vote in a secret ballot election. 21. Condition No. 118- (Previous Agreements). The Developer shall comply with all previous Agreements as they pertain to the tentative map, such as the Olympic Parkway Agreement and the "A" Map Agreement. 22. Condition Nos. 123 - (Growth Management Ordinance). In satisfaction of Condition No. 123 of the Resolution, the Developer agrees, upon the request of the City, to the following: a. Fund the preparation of an annual report monitoring the development of Otay Ranch as described in Chapter 9, "Growth Management of the Otay Ranch General Development Plan". The annual report will analyze the supply of, and demand, for public facilities and services governed by the thresholds. b. Prepare a five (5) year development phasing forecast identifying targeted submittal dates for future discretionary applications (SPAs and tentative maps), projected construction dates, corresponding public facility needs per the adopted threshold standards, and identifying financing options for necessary facilities as described in Chapter 9, "Growth Management" of the Otay Ranch General Development Plan. 23. Condition No. 126 - (Acoustic Analysis). In partial satisfaction of Condition No. 126, the Developer agrees during escrow to notify by a document to be initialed by future property owners within 200 feet of the centerline of the MTDB San Diego Trolley (the "Furore Lightrail Easement" depicted on the "A" Map), that an acoustical analysis for the Trolley was prepared and will be made available for the future owners to review. 24. Condition No. 129. - (PFFP). In partial satisfaction of Condition No. 129 of the Resolution, Developer agrees to adhere to the PFFP and any amendments thereto, approved by the City Council, including but not limited to the, SPA and tentative map improvements installed in 2[3 accordance with said Plan or as required to meet threshold standards adopted by the City. Developer and City acknowledge that the PFFP identifies a facility phasing plan based upon a set of assumptions concerning the location and rate of development within and outside of the project area. Throughout the build-out of SPA One, actual development may differ from the assumptions contained in the PFFP (i.e., the development of EastLake III).. Developer understands that neither the PFFP nor any other SPA One document grant the Developer an entitlement to develop as assumed in the PFFP, or limit the SPA One's facility improvement requirements to those identified in the PFFP. Developer acknowledges that compliance with the City's threshold standards, based on actual development patterns and updated forecasts in reliance on changing entitlements and market conditions, shall govern SPA One development patterns and the facility improvement requirements to serve said development. In addition, the sequence in which improvements are constructed shall correspond to any future Eastern Chula Vista Transportation Phasing Plan or amendment to the Growth Management Program and Ordinance adopted by the City. Developer understands and agrees that the City Engineer may modify the sequence of improvement construction should conditions change to warrant such a revision. Developer agrees that concurrent with the approval of the first final map approved after a Public Facility Financing Plan has been approved for the EastLake III GDP Area, the Developer shall update, at Developer's sole expense and subject to a Reimbursement Agreement, the SPA 1 PFFP and agrees that the City Engineer may change the timing of construction of the public facilities, including without limitation, the nature, sizing, extent and timing for the construction of public facilities caused by SPA One, shall become a condition for all subsequent SPA One entitlements, including tentative and final maps. 25. Condition No. 130. - (Code Requirements). In partial satisfaction of Condition No. 130 of the Resolution, Developer agrees to comply with all applicable sections of the Chula Vista Municipal Code. 26. Condition No. 132. - (Payment of Fees). In partial satisfaction of Condition No. 132 of the Resolution, Developer agrees to pay the following fees in accordance with the City Code and Council Policy: a. The Transportation and Public Facilities Development Impact Fees. b. Signal Participation Fees. c. All applicable sewer fees, including but not limited to sewer connection fees. d. Interim SR-125 impact fee. e. Telegraph Canyon Sewer Basin DIF. f. Reimbursement District for Telegraph Canyon Road Phase 2 27. Condition No. 133. - (Regulations; Clean Water Act). In partial satisfaction of Condition No. 133 of the Resolution, Developer agrees to comply with all relevant Federal, State, and Local regulations, including the Clean Water Act. The Developer shall be responsible for providing all required testing and documentation to demonstrate said compliance as required by the City Engineer. 28. Condition No. 134 - (Disclosure of Special Taxes). In partial satisfaction of Condition No. 134 of the Resolution, Developer agrees to ensure that prospective purchasers sign a "Notice of Special Taxes and Assessments" pursuant to Municipal Code Section 5.46.020 regarding projected taxes and assessments. 29. Condition No. 138 - (Planned Community District Regulations). In partial satisfaction of the Condition No. 138 of the Resolution, the Developer agrees that all proposed development shall be consistent with the Otay Ranch SPA One Planned Community District Regulations. 30. Condition No. 139. - (Growth Management). In partial satisfaction of Condition No. 139 of the Resolution, Developer agrees to comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management) as may be amended from time to time by the City. Said chapter includes but is not limited to: threshold standards (19.09.04), public facilities finance plan implementation (19.09.090), and public facilities finance plan amendment procedures (19.09.100). 31. Condition No. 140. - (GMO Amendment). In partial satisfaction of Condition No. 140 of the Resolution, the Developer acknowledges and agrees that the City is presently in the process of mending its Growth Management Ordinance to add a proposed Section 19.09.105, to establish provisions necessary to ensure compliance with the adopted Growth M,nagement Program (particularly traffic) prior to construction of State Route 125. Said provisions will require the demonstration, to the satisfaction of the City Engineer, of sufficient street system capacity to accommodate a proposed development as a prerequisite to £mal map approval for that development, and the Developer hereby agrees to comply with adopted amendments to the Growth Management Ordinance. 32. Condition No. 144 - (Guarded Entrances). In satisfaction of Condition No. 144 of the Resolution, Developer agrees that guarded entrances will not have physical barriers unless specifically approved by the City Council and that the entrances will be staffed from dusk until dawn, unless the MHOA or the Developer determines it is economically impractical. 33. Satisfaction of Conditions. City agrees that the execmion of this Agreement constitutes partial satisfaction of Developer's obligation of Conditions: 1, 3, 4, 5, 8, 9, 10, 11, 26, 23, 29, 38, 42, 45, 62b, c and d, 115, 126, 129, 130, 132, 133, 134, 138, 139 and 140, and of the Resolution and satisfaction of Condition Nos. 39, 63, 94, 96, 116, 118, 123, and 144 of the Resolution. Developer further understands and agrees that some of the provisions herein may be required to be performed or accomplished prior to the approval of other final maps for the Project, as may be appropriate. 34. Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned, that Developer shall comply with all unfulfilled conditions of approval of the Tentative Map, established by the Resolution and shall remain in compliance with and implement the terms, conditions and provisions therein. 15 35. Previous Agreements. The Developer acknowledges that nothing in this Agreement shall supersede, nullify or otherwise negatively impact the terms of the "A" Map Agreement, unless specifically noted herein. This Agreement affirms and reflects the terms, conditions and provisions of the "A" Map Agreement, and of the Tentative Map 98-06 conditions applicable specifically to the Final Maps for the Property. 36. Recording. This Agreement, or afl abstract hereof shall be recorded simultaneously with the recordation of the Final Maps. 37. Building Permits. Developer understands and agrees that the City may withhold the issuance of building permits and all other permits for the entire SPA One project area, should the Developer be determined by the City to be in breach of any of the terms of this Agreement. The City shall provide the Developer of notice of such determination and allow the Developer reasonable time to cure said breach. Developer fi. trther acknowledges and agrees that the City may withhold building pem~its within the Final Map as defined herein if the required public facilities for SPA One, as defined in the PFFP or as amended by the Annual Monitoring Program or otherwise conditioned, have not been completed or constructed to the satisfaction of the City. 38. Miscellaneous. a. Notices. Unless otherwise provided in this Agreement or by law, any and ali notices required or permitted by this Agreement or by law to be served on or delivered to either party shall be in writing and shall be deemed duly served, delivered, and received when personally delivered to the party to whom it is directed, or in lieu thereof, when three (3) business days have elapsed following deposit in the U.S. mail, certified or registered mail, return receipt requested, first~ class postage prepaid, addressed to the address indicated in this Agreement. A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party. CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA. 91910 Atto: Director of Public Works Otay Project, LLC 350 West Ash Street, Suite 730 San Diego, CA 92101 Attn: Kim John Kilkenny Fax (619) 234-4088 RWR Companies 3130 Bonita Road Suite 200B 3_6 Chula Vista, CA 91910 Attention: Don McClean 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, maderstandings, and/or statements shall be of no force and effect. _This Agreement is not intended to supersede or amend any other agreement between the parties unless expressly noted. d. Preparation of Agreement. No inference, assumption or presumption shall be drawn from the fact that a party or his attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation and/or drafting this Agreement. e. Recitals; Exhibits. Any recitals and exhibits set forth above are incorporated by reference into this Agreement. fi Attorneys' Fees. If either party commences litigation for the judicial interpretation, reformation, enforcement or rescission hereof, the prevailing party will be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. iNEXT PAGE IS PAGE ONE OF SIGNATURE PAGES~ 17 . [PAGE ONE OF THREE SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT NEIGHBORHOODS R-51A, R-51B, R-52 AND R-53 OF THE OTAY RANCH, VILLAGE ONE WEST, SPA ONE] CITY OF CHULA VISTA Mayor of the City of Chula Vista Attest: Susan Bigelow City Clerk Approved as to Form: Joh~ ~1~./ Kah. eny City Attorney DATED: ,2000 [NEXT PAGE IS PAGE TWO OF SIGNATURE PAGES] 18 [PAGE TWO OF THREE SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR NEIGHBORHOODS R-51A, R-51B, R-52 AND R- 53 OF THE OTAY RANCH, VILLAGE ONE WEST, SPA ONE] DEVELOPERS/OWNERS: OTAY PROJECT, L.P., a California limited partnership By: Otay Project, LLC, a California limited liability company, General Partner By: Otay Ranch Development, LLC, a Delaware limited liability company, Authorized Member · (ATTACH NOTARY ACKNOWLEDGMENTS FOR ALL ABOVE SIGNATURES) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 1 County of -~ ]~]'~::::~ / ss. On ~ before me, ~ LOC.~lJO personally appeared ~U¢,~¢.~ C.,¢~-~2:~ _ L~ersonally known to me F3 proved to me on the basis of satisfactory evidence to be the person(s-),-whose namc(o) is/ere- "~' --'----~-----'iJ---~;~,-~"~M;RCLIICIANOLOVATO Jl subscribed to the within instrument and -J J~l~._.,~_.~ CommL~lon # 1260466 acknowledged to me that he/she/t~rey executed jj ~ Not,m/Public- California ~ ~ ,~--,...~,, the same in his/~ authorized -~on Diego Courtly 'i~1~'~ MyC~mm. BCr~¢rla. 2004f capacity(ic,.~s~, and that by ~ ......... .~ -- w ~. signature(e) on the instrument the person(¢,,~-, or the entity upon behalf of which the person(e) acted, executed the instrument. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document Description of Attached Document Title or Type of Document: '%CIA- fZ_-' IA_I IZ- I/ i Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: [ i Individual Top of thumb here I I Corporate Officer-- Title(s): LJ Partner--[ ] Limited IJ General L~ Attorney in Fact [;] Trustee [~ Guardian or Conservator LJ Other: Signer Is Representing: [PAGE THREE OF THREE SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR NEIGHBORHOODS R-51A, R- 5lB, R-52 AND R-53 OF TIIE. OTAY RANCH, VILLAGE ONE WEST, SPA ONE] LB/L-RWR OTAY 62 LLC, a Delaware limited liability company By: LB/L-RWR Master LLC,a Delaware · limited liability company, its Member By: LB/Lakeside Capital Partners LLC, a Delawa~imited liability company, its ~.Managing M~ber LB/L-RWR OTAY 91 LLC, a Delaware limited liability company By: LB/L-RWR Master LLC,a Delaware limited liability company, its Member By: LB/Lakeside Capital Partners LLC, a Delaware limited liability company, its M~g'~g ~ember State of RIGHT THUMBPRINT (Optional} County of personally appeared ~INDIVIDUALJS) ~ personally known to me -OR- ~ proved to me on the OFFICER(SI basis of saUstactory ~PARTNER(S} DLIMI~D evidence to be the ~GENERAL personts}'' whose name(s) ~A~ORNEY IN FACT is/are subscribed to the within instrument and DGUARDIAN/CONSERVATOR he/she/theg executed tho t~x couu. · ~os~ta ~ same in his/hor/thoir ~) NOTARY PUBLICaOALIFORNa 0 ~ ~O S~ ~EG0 COU~ -- .;, * t ~auth°rized capacity(ieS),on the SIGNER IS REPRESENTING: 0~m. Ex~;~a~:~00a ~ and that by his/her/their ......... ~ o,,na,ure~s, instrument the person(s), or tho ontitg upon of which tho actod, oxocutod tho instrument. RIGHT mUMBmlNT (Optional( Witness my hand and official seal. (SEAL) CAPACITY CLAIMED BY 8IGNERJS) QINDIVIDUALJSI ATTENTION NOTARY OFFICER(SI The information requested below and in the column to the right is OPTIONAL. ~T,~[~S~ Recording 0f this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any gPARTNERJS) ~LIMI~D unauthorized document. ~GENERAL TO~EOOCUUENT NumberofPaoes ~q OateofOocumen, fl--¢'' ~ WOLCOTTS FORM 63240 Rev. 3-94 ~prlce class 8-2A) ~)1994 WOLCOTTS FORMS. INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESENTATION/TWO RNGERPRINTS 7 8 List of Exhibits Exhibit A Legal Description of Property Exhibit B Street and Public Improvements Exhibit C Right of Entry Permit - Otay 2Rd Pipeline Project Three Locations 21 EXHIBIT "A" DESCRIPTIONS OF PROPERTY OF FINAL MAPS FOR NEIGHBORHOODS R-51A, R-5 lB, R-52 AND R-53 LOTS 1, 2 AND 3 OF OTAY RANCH, VILLAGE ONE WEST "A" MAP NO. 1, CHULA VISTA TRACT NO. 98-06, ACCORDING TO MAP THEREOF NO. 14029 FILED IN THE OFFICE OF THE COLrNTY RECORDER AUGUST 30, 2000 IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. EXHIBIT "B" STREET and PUBLIC IMPROVEMENTS CHULA VISTA TRACT NO. 98-06 VILLAGE ONE WEST, SPA ONE FINAL MAPS FOR NEIGHBORHOODS R-51A, R-51B, R-52 and R-53 East Palomar Street Traffic $150,978.00 024-006-524 Pending 00144-1 Signals: Sunbow to Paseo to Ranchero (at Santa Maria and 00144-3 Santa Olivia) East Palomar Street - City of San $85,000.00 Cash deposit Pending N/A Diego Waterline Protection .: East Palomar Street - City of San $85,000.00 6024144 8/I/00 00011-1 Diego Waterline Abandonment .: (included in to bond for Village 00011-31 One West, Phase 1, Rough Grading Plan) EXHIBIT_ ~ . DRAFT October 11, 2000 The Dray Ranch Company 350 West Ash Street, Suite 730 San Diego CA 92101 Attention: Chuck Ca[er Re: Right of Entry Permit - Dray 2nd Pipeline Proiect- Three Locations The City of San Diego ¢'CltY") hereby grants permission to Dray Ran{;h Company ("Permittee") to enter upon the above-referenced City-owned property ("permit area"), as delineated on the attached Exhibit "Location Map," upon the following terms and conditions: 1. Permittee's use of the permit areas shall be limited to the areas described on Exhibit "Location Map" as Location No. 1, Location No. 2, and Location No.3, and as follows: A. Location No. ] Permlttee shall be limited to grading for Santa Olivia Road and an earthen swale. For the Santa Olivia Road grading, the maximum fill over the top of the pipeline located in the subject parcel shall be 36.5 feet; the entire length of the pipeline in Location No. 1 shell be encased in concrete (135 [eat +/-), Thu following utilities shall be installed over the pipeline: One eight- inch Dray Water District water line; one eight-inch City of Chula Vista se,~'er line: and one thirty-inch private storm drain. For the earthen swale grading, the maximum fill over the top of the pipeline located in the subject parcel shall be 7.5 feet. The use of Location No. 1 ia more particularly described by Exhibit "Location No. 1". B. ~ Permlttee shall be restricted to grading for Santa Olivia Road, A lateral fill slope shall encroach into the pipeline easement, with the zone of influence of the fill not affecting the pipeline, The use of Location No. 2 is more particularly described in Exhibit "Location No, 2", C. Location No, 3~ Permittee shall be restricted to grading for East Palomar 0',:- '~. ~:~ '.() i]:!()A"¢~mTETHE OTAY RAf~CH (]O~}4T PROG ]e ~D2G,~,~.E~8~ : NO. ~243~o_eP. ~- POO~/oo~ Street, a four-lane major roadway, The pipeline through this area is located within an approximately 6,5 foot by 6.5 foot tunnel (Tunnel No.4). The maximum fill over the top of the pipeline located in the subject parcel shall be 70 feet, The entire length of the tunnel, including portals, shell be completely filled with grout, in accordance with the recommendations of Geocon, Inc., as described by Exhibit "Geocon", attached. Permittee shall verify ~ompliance with all of the recommendations of Geocon. Inc.. including the grout's compressive strength. The existing pipeline and associated valves shalt remain fully operational and accessible until the replacement pipeline is complete, Once the new pipeline is in service, the existing pipeline shall be abandoned, and grout filled using the same specifications as the tunnel filllr~g, The following utilities shell be installed over the pipeline: One sixteen-inch Otay Water District water line; one six-inch O~y Water District recycled water line; end one thiRy-inch City of Chule Vista storm drain. The use of Location No. 3 is more particularly described by Exhibit "Location No. 3". Permittee further agrees to notify City in writing at least 48 hours prior to any grading over the pipeline, Such notice shall be given to: Vic Sianes, Engineering Manager Mike Conner, Senior Civil Engineer City of San Diego Water Operations City of San Diego CIP L3ivision 2797 caminito Chollas 600 B Street, Suite 700 San Diego, CA 92105 San Diego. CA 92103-4506 (619) 527-8057 (619) 533-7484 2. Consideration to City for granting this permit shall be 5360.00 Processing Fee, and annual rent in Ihs amount of $3,31 g. O0. 3, This permil shall be in effect for one calendar year, commencing the date of final City execution, 4, Permittee certifies that a policy of public liability end property damage insurance, in which "The City of San Diego" is named as an additional insured, has been secured in an amount of not less than $1 million combined single limit liability with an occurrence claims form and that said policy shall be I(ept in force for the duration of this permit, A certificate of said insurance shall be filed with the City Property Department upon execution of this permit. 5. Permirtee agrees to defend, indemnify, protect, and hold the City. its agents, officers, and employees harmless from and against any and ell claims asserted or liabilily established for damages or injuries to any person or property, including injury to Permittee's employees, invitees, guests, agents, or officers, 2 .... ~', , ': , -~i)A!~dATeTHE OTAY RANCH COENT PROS -~ ~Z3,~,~e~e NO, ~2~-~ ~P, 5 Pi~I~,~/OB6 which arise out of or are in any manner directly or indirectly connected with the development or operation of the permit area or the work to be performed under this agreement, and all expenses of investigating end defending against same; provided, however, that Permittee's duty to indemnify a~d hold harmless shall not include any claims or liability arising from the established active negligence, sole negligence, or sole wilfful misconduct of the City, its agents, officers, or employees 6. Portal,tee agrees not to discriminate in any manner against any person or persons on account of race, color, religion, gender, sexual orientation, medical status, national origin, age, marital status, or physical disability in Permittae's use of the permit area, including but not limited to the providing of goods, son, ices, facilities, privileges, advantages, end accommodations, and the obtaining and holding of employment. 7. All risks in connection with Permittee's use of the permit area and any damages to the improvements thereon, thereunder, or in the vicinity thereof shall be borne in full by Permittee. Permittee shall not use the permit area in any manner which, in the opinion of the City Manager, creates a nuisance or disturbs the quiet enjoyment of persons in the surrounding area. 9. This permit is revocable at any time by the City of San Diego. It is mutually agreed that the City of Sen Diego shall not be obligated for any loss, ~nancial or otherwise, whict~ may be incurred by Permittee as a result of termination of this permit, and, further, that Permittee expressly waives any claim for expense or loss which Portal,tee might incur as a result of termination of this permit. 10. Permittae recognizes and understands that this permit may create a possesson/interest subject to property taxation and that Permittee may be subject to the payment of property taxes levied on s~ch interest. Portal,tee fudher agrees that such tax payment shall not reduce any fee paid the City o~ Sen Diego hereunder and that such tax shall be paid by Permittee before becoming delinquent. 11. Permittee shall at its sole cost and expense comply with all the requirements of ail municipal, state, and federal authorities now in effect or which may hereafter be in effect, which pertain to the permit area. 12. Permit£ee shall not assign any rights granted by this permit nor any interest therein without the prior written approval ortho City Manager. Approval of any such proposed assignment may be withheld in the sole anti absolute discretion S - '~ ~:.:::: !~' ~q~ .... T~F OTAY ~^ ~' ' --. .... .. '' ' ~H~ .... ('OENT ~ of the City Manager. Any .assignment by operation of law shall al~torrlatically terminate this permit. 13. No signs shall be displayed on the permit area without the prior written consent nf the City Manager, t4. Maintenance of the permit area shall be the sole responsibility of @ermittee during the entire term of this permit. 15. The City of San Diego as Responsible Agency under CEQA has reviewed and considered an Environmental Impact Report. File No,97-031SCH No. 97091079, dated November 1998, covering this activity end prepared by [he City of Chula Vista. Please acknowledge your agreement to the foregoing terms and conditions on the enclosed copy of this letter and return it to the City Real Estate Assets Department, together with your insurance certificate and check for $$3,679.00 made payable to the "City Treasurer," within 10 days from receipt hereof. 4 OC- '~ .....r', ,..·~' ',, . !!AMuI~TETHF_ OTAY RAN(:H COE~T PR06 -~ 923,"~[~88 NO. ":,2~o.~p. if you should require additional information or have any questions, please call Albert C. Gaudio, Property Agent, at (1~19) 236-6063. Very truly yours, Lucille M. Goodman Supen~ising Property Agent Real Estate Aaseta Department AC Gib Attachments cc: County Assessor Auditor Financial Management THE ABOVE IS ACKNOWLEDGED AND ACCEPTED THIS DAY OF ,2000. OTAY RANCH COMPANY By Charles T, Cater, Project Manager CITY QF SAN DIEGO EAS CLEARANCE VERIFIED: APPROVED AS TO FORM AND LEGALITY BY: CASEY G. GWINN, CITY ATTORNEY EAS Planner By Deputy City Attorney 5 COUNCIL AGENDA STATEMENT Item Meeting Date 10/24/00 ITEM TITLE: Resolution Approving a Reimbursement Agreement with the Otay Ranch Company associated with the second bond sale of Community Facilities District No. 99-1 (Otay Ranch Village 1 and 5), authorizing the Mayor to execute said agreement, and directing staff to initiate the proceedings for the second bond series. Resolution Approving the first amendment to contract for appraisal services with Bruce Hull and authorizing the Mayor to execute said amendment. SUBMITTED BY: Director of Public Works~/ REVIEWED BY: City Manager~J; ~)~ (4/Sths Vote: Yes No X) Tonight, Council will consider approving a Reimbursement Agreement with the developer for the second bond sale of CFD 99-1 and amending the agreement with the appraiser to provide additional services. The Reimbursement Agreement requires the developer to advance funds to the City for the payment of all initial consulting and administration costs and expenses related to the second bond sale of CFD 99-1. RECOMMENDATION: It is recommended that Council adopt: 1. The resolution approving the reimbursement agreement with the Otay Ranch Company for Community Facilities District 99-1, authorizing the Mayor to execute said agreement, and directing staff to initiate the proceedings for the second bond series. 2. The resolution approving the first amendment to contract with Bruce Hull, Inc for appraisal services associated with Community Facilities District 99-1. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: CDF 99-1 was formed to finance the construction of Olympic Parkway. The first round of bonds were dated March 1, 2000 in the amount of $23 million. The district was sized larger than the first bond sale amount to allow for a second bond sale as the value of the property increased. The proceedings tonight will begin the process of the second bond sale, anticipated for the first quarter of 2001. The amendment of the appraiser's contract will increase the contract by $20,000 to reappraise the property. The reimbursement agreement insures that the developer will front all costs associated Page 2, Item __ Meeting Date 10/24/00 with the Second Bond Sale. If the sale is successful the developer will be reimbursed by the bond proceeds. Reimbursement Agreement The developer, the Otay Ranch Company has advanced $78,500 to begin the proceeding leading to the second bond sale. The Reimbursement Agreement outlines the developer's requirement to advance funds for all staff and consultant costs associated with the second bond sale. Appraiser The appraiser works in concert with the Financial Advisor providing current data for analysis. The appraisal is a key component in the viability of CFD financing. Familiarity with the community, fee structures, etc. is essential for the protection of the future bond purchasers. Brace W. Hull and Associates performed the original appraisal for CFD 99-1 and has extensive knowledge of property values in this area. The contract amendment is in the amount of $20,000 for the second bond sale appraisal of Villages 1, 5 and Village 1 West. FISCAL IMPACT: The developer will pay all costs and has deposited money to fund initial consultant and City staff costs in accordance with the proposed Reimbursement Agreement. Such monies are eligible for reimbursement upon a successful sale of bonds. The City will receive the benefit of the full cost recovery for City staff (estimated at $25,000) and 1% of the second bond series as an origination fee. The amount of the second series of bonds has not been determined at this time and is limited by the value of the property as well as the selling price of the homes. A $10 million second bond series would equate to a $100,000 origination fee. Exhibits: 1. Reimbursement Agreement 2. Amended Contract with Bruce Hull 3. Disclosure Statement tea H:\HOME\ENGINEERXAGENDA~eirnbursement agreement99-1 bond sale2.DOC 10/17/00 3:20:00 PM COMMUNITY FACILITIES DISTRICT REIMBURSEMENT AGREEMENT THIS AGREEMENT is made and entered into this~ day of ~,9C _~o~A~--, 2000, by and between the CITY OF CHULA VISTA, a municipal corporation (the "City"), COMMUNITY FACILITIES DISTRICT NO. 99-1 (OTAY RANCH SPA ONE - PORTIONS OF VILLAGE ONE, VILLAGE FIVE AND VILLAGE ONE WEST) and OTAY PROJECT L.P., a California limited liability company ("Applicant"). RECITALS A. The City, at Applicant's request, initiated proceedings under the provisions of the "Mello- Roos Community Facilities Act of 1982," as amended, (Government Code Section 53311 and following), to form and did form Community Facilities District No. 99-1 (Otay Ranch Spa One - Portions of Village One, Village Five and Village One Wes0 (the "Community Facilities District") to finance the acquisition and/or construction of certain public improvements. B. The City Council and the authorized electors of the Community Facilities District authorized the issuance of not to exceed $60,000,000 principal amount of bonds to be secured by the levy of special taxes within the Community Facilities District; and C. The Community Facilities District subsequently issued an initial series of bonds designated as the Community Facilities District No. 99-1 (Otay Ranch Spa One - Portions of Village One, Village Five and Village One Wes0 1999 Special Tax Bonds (the "1999 Bonds") to finance the.~cquisition of certain the public improvements authorized to be acquked from the proceed~ of bonds issued by the Community Facilities District; and D. The Applicant has asked the Community Facilities District to issue a second series of bonds to finance the acquisition of additional public improvements; and E. The City and the Community Facilities District has agreed to initiate the proceedings necessary to consider the issuance of such second series of bonds if the Applicant agrees to advance the funds necessary to pay any consulting and administration costs and expense incurred by the City, acting for and on behalf of the Community Facilities District, in undertaking such proceedings. Such monies shall be subject to reimbursement or credit pursuant to the provisions of this Agreement upon the successful sale of the second series of bonds for the Community Facilities District and the receipt thereby of the proceeds of such bonds; and F. The parties hereto wish to enter into an Agreement to provide for the advance of monies and reimbursement or credit for monies so advanced. AGREEMENT The parties hereto, for mutual consideration, agree as follows: SECTION 1. Advances. The Applicant shall advance monies to the City in such amounts and at such times as specified below to pay all costs and expenses incurred by the City, for and on behalf of the Community Facilities District, in undertaking the proceedings to consider the issuance of the second series of bonds for the Community Facilities District, including without limitation, the following: A. Special Tax Consultant services; B. Appraisal and market absorption services; and C. City staff and City Attorney time. All such costs and expenses are collectively referred to as the "Pre - Issuance Costs." Advances have and shall be made to the City pursuant to the following schedule: A. The Applicant has advanced to the City the sum of $_'~O, receipt of which is acknowledged by the City. B. If monies in addition to the initial advance are necessary to pay for the Pre - Issuance Costs, the City shall as necessary and from time to time make written demand upon the Applicant and the Applicant shall immediately thereafter, within five (5) working days, deposit said monies with the City to pay for the balance of the P_re - Issuance Costs. If the full amount of any future advance requested by the City, is not timely received, all proceedings shall be suspended until the full amount of sflch advance is received. SECTION 2. Records. The City agrees to keep records consistent with its regular accounting practices of the amount of monies advanced from the Applicant and the expenditure of such monies. Additionally, the City shall enter into and maintain contracts with all consultants that shall specify the scope of services and compensation to be paid to all such consultants. Such records and contracts shall be available for review by the Applicant during normal business hours upon reasonable notice to the City. SECTION 3. Reimbursement. If the second series of bonds is sold, all monies advanced hereunder shall be reimbursed in cash solely from bond proceeds. SECTION 4. Ownership of Documents. All market absorption studies, reports, appraisals and other documentation as prepared as a part of the proceedings shall become the property of the City. SECTION 5. No Obligation to Issue the Second Series of Bonds. The Applicant acknowledges that the decision of the City Council, acting as the legislative body of the Community Facilities District is an exercise of the legislative authority of the City Council, and that the City and Community Facilities District may not enter into a contract to obligate the City Council to exercise 2 its legislative discretion in a particular manner. This Agreement does not, therefore, in any way create a contractual, legal or equitable obligation of or commitment by the City to approve the issuance of the second series of bonds for the Community Facilities District. Should the Applicant elect to abandon the proceedings to consider the issuance of the second series of bonds, the Applicant shall provide written notification of such election to the City and request the City to immediately terminate all consulting agreements and use all efforts to minimize any and all additional Pre - Issuance Costs. If the proceedings to consider the issuance of the second series of bonds for the Community Facilities District are not completed and are abandoned for any reason at any time prior to the successful sale thereof or the City is unable for any reason to issue or sell the bonds, there will be no obligation on the part of the City to reimburse the Applicant for any monies previously advanced pursuant to this Agreement. In such event, the City does, however, agree to return to Applicant any monies previously advanced by Applicant which remain on deposit with the City and which the City determines are in excess of the amount necessary to pay for any outstanding Pre - Issuance Costs previously incurred by the City. SECTION 6. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. SECTION 7. Arbitration. Any controversy arising out of this Agreement or its breach shall be settled by arbitratio, n if, prior to the commencement of any legal proceeding arising out of this Agreement or its breach, either party demands by written notice that such controversy be arbitrated. After s~ch demand, and within ten (10) days from such demand, the parties shall attempt to designate a mutually acceptable individual to arbitrate the controversy. If within the ten (10) day period the parties are unable to designate an individual, the controversy Shall be arbitrated under the rules of the American Arbitration Association, and judgment on the award rendered by the arbitrator Chosen by the parties or used pursuant to the rules of the American Arbitration Association may be entered in any court having jurisdiction and shall be fully binding on the parties. SECTION 8. Authority to Execute Agreement. The City and the Applicant represent that the individuals signing this Agreement have full right and authority to bind their respective parties to this Agreement. SECTION 9 Best Efforts. The parties promise to use their best efforts to satisfy all conditions to this Agreement and to take all further steps and execute all further documents reasonably necessary to put this Agreement into effect. SECTION 10. Successor and Assigns. This Agreement shall be binding on and inure to the benefit of the respective parties and their respective heirs, legal representatives, successors and assigns. Applicant may not assign its rights or obligations hereunder except upon written notice to City within ten (10) days of the date of such assignment indicating the name and address of the 3 assignee. Upon such notice and the assumption by the assignee in writing delivered to the City of the rights, duties and obligations of the Applicant arising under or from this Agreement, Applicant shall be released for all future duties or obligations arising under or from this Agreement. SECTION 11. Singular and Plural; Gender. Whenever used herein, the singular number shall include the plural, the plural number shall include the singular, and the masculine feminine or neuter gender shall include the others whenever the context of the Agreement so indicates. SECTION 12. Entire Agreement. This Agreement contains the entire Agreement between the parties hereto with respect to the subject matter hereof. This Agreement may not be altered, modified or amended except by an instrument in writing executed by all of the parties. SECTION 13. Governing Law. This Agreement h/~s been executed in and shall be governed by the laws of the State of California. SECTION 14. Construction. This Agreement shall be construed as a whole and in accordance with its fair meaning. Captions and organizations are for convenience and shall not be used in construing meaning. SECTION 15. Severability. If any term, covenant, condition Or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable the remainder of the provision thereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. SECTION 16. Noti~zes. All notices and demands shall be given in writing by personal delivery or first-class mail, po~tage prepaid. Notices shall be addressed as appears below for the respective party; provided that, if any party gives notice of a change of name of address, notices to the giver of that notice shall thereafter be given as demanded in that notice. Notices shall be deemed received seventy-two (72) hours after deposit in the United States mail. CITY: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 Attention: City Manager APPLICANT: OTAY PROJECT L.P. 350 West Ash Street, Suite 370 San Diego, CA 92101 Attention: Kent Aden SECTION 17. Time of the Essence. Time is of the essence in the performance of the parties respective obligations herein contained. SECTION 18. Waiver. The waiver by one party of the performance of any covenant, condition or promise shall not invalidate this Agreement, nor shall it be considered a waiver by him of any other covenant, condition or promise. The waiver by either or both parties of the time for performing any act shall not constitute a waiver of the time for performing any other act or an identical act required to be performed at a later time. The exercise of any remedy provided in this Agreement shall not be a waiver of any consistent remedy provided by law, and any provision of this Agreement for any remedy shall not exclude other consistent remedies unless they are expressly excluded. SECTION 19. Amendment. No provision of this Agreement may be modified, waived, amended or added to except by a writing signed by the party against which the enforcement of such modification, waiver, amendment or addition is or may be sought. [Remainder of this page intentionally left blank. Next p~ge is the signature page.] 5 Signature Page tO Community Facilities District Reimbursement Agreement between the City of Chula Vista and Otay Project L.P. IN WITNESS WHEREOF, City and Applicant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms. Dated: (~)C.,~-O_l~fll~ q , 20~0 CITY OF CHULA VISTA By: Attest: City Clerk By:OTA,YPRO TL.P., ~~ Its: ~ 6 Exhibit 2 FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF CHULA VISTA AND BRUCE HULL & ASSOCIATES, INC. WHEREAS, the City of Chula Vista, by Resolution 19528 on July 13, 1999, approved an Agreement to provide Appraisal Services in connection with Community Facilities District 99-1 ("CFD99-1"); and, WHEREAS, Bruce Hull & Associates, Inc. performed the appraisal for the first bond sale; and, WHEREAS, there is a need for additional consultant services associated with the Second Bond Sale for CFD 99-1; and, WHEREAS, Bruce Hull & Associates, Inc. has been requested to perform a second appraisal in connection with the Second Bond Sale for Community Facilities District No. 97-1. NOW, THRERFORE, the parties agree as follows: 1. Exhibit A, paragraph 7.A to the Agreement is hereby amended to read as follows: Consultant shall prepare an appraisal for the Property for the second bond sale for Community Facilities District No. 99-1 (see Exhibit B), Otay Ranch SPA I. The Property for the purpose of this agreement is the area between the Sunbow development and SR-125, south of Telegraph Canyon Road and north of Olympic Parkway. 2. Exhibit A, paragraph 8.B to the Agreement is hereby amended to read as follows: Date for Commencement of Consultant Services: ( ) Same as Effective Date of Agreement (X) Other: Upon notice to proceed of the Director of Public Works. 3. Exhibit A, paragraph 8.C to the Agreement is hereby amended to read as follows: Dates or Time Limits for Delivery of Deliverables: A draft appraisal shall be delivered within 6 weeks of the notice to proceed. 4. Exhibit A, paragraph 8.D to the Agreement is hereby amended to read as follows: Upon completion of the appraisal to the satisfaction of the City's Director of Public Works but not later than eight (8) weeks from the date of the "notice to proceed". 5. Exhibit A, paragraph 11.A_~he Agreement is hereby amended to add the following to the Single Fixed FeeA~ndm'i~nt: $20,000, payable upon delivery of Second Bond Sale Final Appraisal in ~ for~ acceptable to the Director of Public Works. 6. Exhibit A, paragraph to the Agreement is hereby amended to read as follows: City's Account Number: 7. All other terms and conditions not modified by this First Amendment to the Agreement shall remain in full force and effect. NEXT PAGE IS SIGNATURE PAGE & 18--13--288 3:S8At4 FROM P. 2 Signature Page to first amendment to Agreement between City of Chula Vista and Bruce W. Hull & Associates, Inc, for appraisal services associated with CFD 99-1 IN WITNESS WHEREOF, City and Consultant have executed this first amendment to Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: ,2000 City of Chula Vista by: Shirley Horton, Mayor Attest: Susan Bigelow, City Clerk Approved as to form: John M; Kaheny, City Attorney Dated: ff~ '¥ ~'~' c~ ,~ Bruce W. Hull &/~ssociates Bruce Hull, Presi nt 2. if zny person" identified pursua, nt to (1) above is a corparsfian ar pa~gm~p. IiK ~e ~ of all ~vi&~ wi~ a Sl~ ~ve~e~ ~ ~e b~s (eo~or~to~p~e~hip) ~ g~d~n ii' z,ny p--rson' id~niified purmlaut t~ (I) above is a n~re-pr:~fit or~on or trm~, list the rmm~ of any sg.-~.k~ as diderot of thc non-profit org~r~ization or z~ tvaste--, or bv. neficiary or w. ator of r. hc ~rust. 1, 'I _~. briefly ,-.~s~,.b_ the nature of the .qn.~ncial int:r~t the official~''' may ha,.'e in th'm ,-o,,.a_..- ..... '~ 6. Ha',,e you made a conm'budon of more than $250 within thc pug %WEN,' (12) month~ to z cu~em member Ch~ Vkm Ciff Co.ail? Nm ~ Y~ ~ If yes. wMch Counc~ m~r? C~unci! Member Mary Salas-an~ Council Member St~ve Padilla Chula Vise Ci~ Co~eR? Y~ No X ~ '" HaYs you provifl~ mom ~ ~ffi (or m i~ of ~&~em v~uel to ~ offidfl-~ nf ~, Ci~ ef Chula V~ La if Y~, ~hizh c~=~~ ~d ~t ~s ~= ~mr= of i=m provided~ bi3" RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A REIMBURSEMENT AGREEMENT WITH THE OTAY RANCH COMPANY ASSOCIATED WITH THE SECOND BOND SALE OF COMMUNITY FACILITIES DISTRICT NO. 99-1 (OTAY RANCH VILLAGE 1 AND 5), AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT AND DIRECTING STAFF TO INITIATE THE PROCEEDINGS FOR THE SECOND BOND SERIES WHEREAS, CFD 99-1 was formed to finance the construction of Olympic Parkway; and WHEREAS, the first round of bonds were dated March 1, 2000 in the amount of $23 million; and WHEREAS, the district was sized larger than the first bond sale amount to allow for a second bond sale as the value of the property increased; and WHEREAS, the developer, the Otay Ranch Company, has advanced $78,500 to begin the proceeding leading to the second bond sale; and WHEREAS, the Reimbursement Agreement outlines the developer's requirement to advance funds for all staff and consultant costs associated with the second bond sale. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve a Reimbursement Agreement with the Otay Ranch Company associated with the second bond sale of Community Facilities District No. 99-1 (Otay Ranch Village 1 and 5), a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said Agreement on behalf of the City of Chula Vista. BE IT FURTHER RESOLVED that staff is hereby directed to initiate the proceedings for the second bond series. Presented by Approved as to form by John P. Lippitt Joh~U~/. Kaheny Director of Public Works City Attorney COMMUNITY FACILITIES DISTRICT REIMBURSEMENT AGREEMENT THIS AGREEMENT is made and entered into thist~ day of ~fOf_ _do~ff ,2000, by and between the CITY OF CHULA VISTA, a municipal corporation (the "CIO/"), COMMUNITY FACILITIES DISTRICT NO. 99-1 (OTAY RANCH SPA ONE - PORTIONS OF VILLAGE ONE, VILLAGE FIVE AND VILLAGE ONE WEST) and OTAY PROJECT L.P., a California limited liability company ("Applicant"). RECITALS A. The City, at Applicant's request, initiated proceedings under the provisions of the "Mello- Roos Community Facilities Act of 1982," as amended, (Government Code Section 53311 and following), to form and did form Community Facilities District No. 99-1 (Otay Ranch Spa One - Portions of Village One, Village Five and Village One West) (the "Community Facilities District") to finance the acquisition and/or construction of certain public improvements. B. The City Council and the authorized electors of the Community Facilities District authorized the issuance of not to exceed $60,000,000 principal amount of bonds to be secured by the levy of special taxes within the Community Facilities District; and C. The Community Facilities District subsequently issued an initial series of bonds designated as the Community Facilities District No. 99-1 (Otay Ranch Spa One - Portions of Village One, Village Five and Village One West) 1999 Special Tax Bonds (the "1999 Bonds") to finance the acquisition of certain the public improvements authorized to be acquired from the proceeds of bonds issued by the Community Facilities District; and D. The Applicant has asked the Community Facilities District to issue a second series of bonds to finance the acquisition of additional public improvements; and E. The City and the Community Facilities District has agreed to initiate the proceedings necessary to consider the issuance of such second series of bonds if the Applicant agrees to advance the funds necessary to pay any consulting and administration costs and expense incurred by the City, acting for and on behalf of the Community Facilities District, in undertaking such proceedings. Such monies shall be subject to reimbursement or credit pursuant to the provisions of this Agreement upon the successful sale of the second series of bonds for the Community Facilities District and the receipt thereby of the proceeds of such bonds; and F. The parties hereto wish to enter into an Agreement to provide for the advance of monies and reimbursement or credit for monies so advanced. AGREEMENT The parties hereto, for mutual consideration, agree as follows: SECTION 1. Advances. The Applicant shall advance monies to the City in such amounts and at such times as specified below to pay all costs and expenses incurred by the City, for and on behalf of the Community Facilities District, in undertaking the proceedings to consider the issuance of the second series of bonds for the Community Facilities District, including without limitation, the following: A. Special Tax Consultant services; B. Appraisal and market absorption services; and C. City staff and City'Attorney time. All such costs and expenses are collectively referred to as the "Pre - Issuance Costs." Advances have and shall be made to the City pursuant to the following schedule: A. The Applicant has advanced to the City the sum of $.--~, .~,OO, receipt of which is acknowledged by the City. B. If monies in addition to the initial advance are necessary m pay for the Pre - Issuance Costs, the City shall as necessary and from time to time make written demand upon the Applicant and the Applicant shall immediately thereafter, within five (5) working days, deposit said monies with the City to pay for the balance of the Pre - Issuance Costs. If the full amount of any furore advance requested by the City is not timely received, all proceedings shall be suspended until the full amount of such advance is received. SECTION 2. Records. The City agrees to keep records consistent with its regular accounting practices of the amount of monies advanced from the Applicant and the expenditure of such monies. Additionally, the City shall enter into and maintain contracts with all consultants that shall specify the scope of services and compensation to be paid to all such consultants. Such records and contracts shall be available for review by the Applicant during normal business hours upon reasonable notice to the City. SECTION 3. Reimbursement. If the second series of bonds is sold, all monies advanced hereunder shall be reimbursed in cash solely from bond proceeds. SECTION 4. Ownership of Documents. All market absorption studies, reports, appraisals and other documentation as prepared as a part of the proceedings shall become the property of the City. SECTION 5. No Obligation to Issue the Second Series of Bonds. The Applicant acknowledges that the decision of the City Council, acting as the legislative body of the Community Facilities District is an exercise of the legislative authority of the City Council, and that the City and Community Facilities District may not enter into a contract to obligate the City Council to exercise 2 its legislative discretion in a particular manner. This Agreement does not, therefore, in any way create a contractual, legal or equitable obligation of or commitment by the City to approve the issuance of the second series of bonds for the Community Facilities District. Should the Applicant elect to abandon the proceedings to consider the issuance of the second series of bonds, the Applicant shall provide written notification of such election to the City and request the City to immediately terminate all consulting agreements and use all efforts to minimize any and all additional Pre - Issuance Costs. If the proceedings to consider the issuance of the second series of bonds for the Community Facilities District are not completed and are abandoned for any reason at any time prior to the successful sale thereof or the City is unable for any reason to issue or sell the bonds, there will be no obligation on the part of the City to reimburse the Applicam for any monies previously advanced pursuant to this Agreement. In such event, the City does, however, agree to return to Applicant any monies previously advanced by Applicant which remain on deposit with the City and which the City determines are in excess of the amount necessary to pay for any outstanding Pre - Issuance Costs previously incurred by the City. SECTION 6. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. SECTION 7. Arbitration. Any controversy arising out of this Agreement or its breach shall be settled by arbitration if, prior to the commencement of any legal proceeding arising out of this Agreement or its breach, either party demands by written notice that such controversy be arbitrated. After such demand, and within ten (10) days from such demand, the parties shall attempt to designate a mutually acceptable individual to arbitrate the controversy. If within the ten (10) day period the parties are unable to designate an individual, the controversy shall be arbitrated under the rules of the American Arbitration Association, and judgment on the award rendered by the arbitrator chosen by the parties or used pursuant to the rules of the American Arbitration Association may be entered in any court having jurisdiction and shall be fully binding on the parties. SECTION 8. Authority to Execute Agreement. The City and the Applicant represent that the individuals signing this Agreement have full right and authority to bind their respective parties to this Agreement. SECTION 9 Best Efforts. The parties promise to use their best efforts to satisfy all conditions to this Agreement and to take all further steps and execute all further documents reasonably necessary to put this Agreement into effect. SECTION 10. Successor and Assigns. This Agreement shall be binding on and inure to the benefit of the respective parties and their respective heirs, legal representatives, successors and assigns. Applicant may not assign its rights or obligations hereunder except upon written notice to City within ten (10) days of the date of such assignment indicating the name and address of the 3 assignee. Upon such notice and the assumption by the assignee in writing delivered to the City of the rights, duties and obligations of the Applicant arising under or from this Agreement, Applicant shall be released for all future duties or obligations arising under or from this Agreement. SECTION 11. Singular and Plural; Gender. Whenever used herein, the singular number shall include the plural, the plural number shall include the singular, and the masculine feminine or neuter gender shall include the others whenever the context of the Agreement so indicates. SECTION 12. Entire Agreement. This Agreement contains the entire Agreement between the parties hereto with respect to the subject matter hereof. This Agreement may not be altered, modified or amended except by an instrument in writing executed by all of the parties. SECTION 13. Governing Law. This Agreement has been executed in and shall be governed by the laws of the State of California. SECTION 14. Construction. This Agreement shall be construed as a whole and in accordance with its fair meaning. Captions and organizations are for convenience and shall not be used in construing meaning. SECTION 15. Severability. If any term, covenant, condition Or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable the remainder of the provision thereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. SECTION 16. Notices. All notices and demands shall be given in writing by personal delivery or first-class mail, postage prepaid. Notices shall be addressed as appears below for the respective party; provided that, if any party gives notice of a change of name of address, notices to the giver of that notice shall thereafter be given as demanded in that notice. Notices shall be deemed received seventy-two (72) hours after deposit in the United States mail. CITY: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 Attention: City Manager APPLICANT: OTAY PROJECT L.P. 350 West Ash Street, Suite 370 San Diego, CA 92101 Attention: Kent Aden SECTION 17. Time of the Essence. Time is of the essence in the performance of the parties respective obligations herein contained. SECTION 18. Waiver. The waiver by one party of the performance of any covenant, condition or promise shall not invalidate this Agreement, nor shall it be considered a waiver by him of any 4 &A other covenant, condition or promise. The waiver by either or both parties of the time for performing any act shall not constitute a waiver of the time for performing any other act or an identical act required to be performed at a later time. The exercise of any remedy provided in this Agreement shall not be a waiver of any consistent remedy provided by law, and any provision of this Agreement for any remedy shall not exclude other consistent remedies unless they are expressly excluded. SECTION 19. Amendment. No provision of this Agreement may be modified, waived, amended or added to except by a writing signed by the party against which the enforcement of such modification, waiver, amendment or addition is or may be sought. [Remainder of this page intentionally left blank. Next page is the signature page.] 5 Signature Page to Community Facilities District Reimbursement Agreement between the City of Chula Vista and Otay Project L.P. IN WITNESS WHEREOF, City and Applicant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms. Dated: (~)C;~.1.1.1.1~2~_ ~ , 20100 CITY OF CHULA VISTA By: Attest: City Clerk OTA;Y PRO T L.P., Its: ~ 6 I 11[ RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDED CONTRACT FOR APPRAISAL SERVICES WITH BRUCE HULL AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, CFD 99-1 was formed to finance the construction of Olympic Parkway; and WHEREAS, the appraiser works in concert with the Financial Advisor providing current data for analysis; and WHEREAS, the appraisal is a key component in the viability of CFD financing; and WHEREAS, familiarity with the community, fee structures, etc. is essential for the protection of the future bond purchasers; and WHEREAS, Bruce W. Hull and Associates performed the original appraisal for CFD 9901 and has extensive knowledge of property values in this area; and WHEREAS, the amendment of the appraiser's contract will increase the contract by $20,000 to reappraise the property. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the amended contract for appraisal services with Bruce Hull, 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 on behalf of the City of Chula Vista. Presented by Approved as to form by John P. Lippitt JohnL~. Ka~eny Director of Public Works City Attorney [H \HOMELATTORNEY%RESO\Bruce Hull Amendment (October 9, 2000 (10 8am)] FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF CHULA VISTA AND BRUCE HULL & ASSOCIATES, INC. WHEREAS, the City of Chula Vista, by Resolution 19528 on July 13, 1999, approved an Agreement to provide Appraisal Services in connection with Community Facilities District 99-1 ("CFD99-1"); and, WHEREAS, Bruce Hull & Associates, Inc. performed the appraisal for the first bond sale; and, WHEREAS, there is a need for additional consultant services associated with the Second Bond Sale for CFD 99-1; and, WHEREAS, Bruce Hull & Associates, Inc. has been requested to perform a second appraisal in connection with the Second Bond Sale for Community Facilities District No. 97-1. NOW, THRERFORE, the parties agree as follows: 1. Exhibit A, paragraph 7.A to the Agreement is hereby amended to read as follows: Consultant shall prepare an appraisal for the Property for the second bond sale for Community Facilities District No. 99-1 (see Exhibit B), Otay Ranch SPA I. The Property for the purpose of this agreement is the area between the Sunbow development and SR-125, south of Telegraph Canyon Road and north of Olympic Parkway. 2. Exhibit A, paragraph 8.B to the Agreement is hereby amended to read as follows: Date for Commencement of Consultant Services: ( ) Same as Effective Date of Agreement (X) Other: Upon notice to proceed of the Director of Public Works. 3. Exhibit A, paragraph 8.C to the Agreement is hereby amended to read as follows: Dates or Time Limits for Delivery of Deliverables: A draft appraisal shall be delivered within 6 weeks of the notice to proceed. 4. Exhibit A, paragraph 8.D to the Agreement is hereby amended to read as follows: Upon completion of the appraisal to the satisfaction of the City's Director of Public Works but not later than eight (8) weeks from the date of the "notice to proceed". 5. Exhibit A, paragraph 11.~.to~tbe Agreement is hereby amended to add the following to the Single Fixed Fee~"A~ndm~nt: $20,000, payable upon delivery of Second Bond Sale Final Appraisal in afo¢~ ~c~eptable to the Director of Public Works. 6. Exhibit A, paragraph to the Agreement is hereby amended to read as follows: City's Account Number: 7. All other terms and conditions not modified by this First Amendment to the Agreement shall remain in full force and effect. NEXT PAGE IS SIGNATURE PAGE 10--13--2~0 ~:~AM FRDM P. 2 Signature Page to first amendment to Agreement between City of Chula Vista and Bruce W. Hull & Associates, Inc. for appraisal services associated with CFD 99-1 IN WITNESS WHEREOF, City and Consultant have executed this first amendment to Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: . ,2000 City of Chula Vista by: Shirley Horton, Mayor Attest: Susan Bigelow, City Clerk Approved as to form: John M Kaheny, City Attorney Dated:/O --/~--- ~ ~ Bruce W. Hull &/~ssociates COUNCIL AGENDA STATEMENT Item ~ Meeting Date 10/24/00 ITEM TITLE: Resolution Approving a Joint Use Agreement between San Diego Gas & Electric, a corporation (SDG&E) and the City of Chula Vista, a municipal corporation (CITY) and authorizing the City Manager to approve the agreement SUBMITTED BY: Director of Public Work REVIEWED BY: City Manager ~-~ ? ¢// (4/5ths Vote: Yes No X ) The City of Chula Vista has acquired right-of-way easements on portions of Otay Valley Road in connection with the Robinhood Ridge Subdivision. SDG&E is requesting the City enter into a Joint Use Agreement upon, over, under and across that certain easement and right-of- way granted to SDG&E. SDG&E is requesting the Joint Use Agreement to provide for the joint use of the area common to both the SDG&E easement and right-of-way and the City's dedicated street right-of-way. RECOMMENDATION: That Council approve the resolution approving a Joint Use Agreement between San Diego Gas & Electric, a corporation (SDG&E) and the City of Chula Vista, a municipal corporation (CITY) and authorizing the City Manager to approve the agreement. BOARDS/COMMISSIONS RECOMMENDATION: None. DISCUSSION: The City of Chula Vista has acquired Right-of-Way Easements on portions of Otay Valley Road in connection with the Robinhood Ridge Subdivision, (Attachment 1). The new right-of- way documents have a previously recorded easement associated with them for SDG&E's facilities. SDG&E is requesting the City enter into a Joint Use Agreement upon, over, under and across that certain easement and right of way granted to SDG&E per document recorded February 1, 1962 as File/Page No. 18845 of Official Records,. SDG&E is requesting the Joint Use Agreement to provide for the joint use of the area common to both the SDG&E easement and right of way and the City's dedicated street right of way ( Attachment 2 ). FISCAL I1VIPACT: None. All staff costs associated with processing of Joint Use Agreement will be reimbursed from a deposit by the developer of Robinhood Ridge. Attachment 1: Right-of-Way Easement on portions of Otay Valley Road. Attachment 2: Joint Use Agreement between San Diego Gas & Electric, and the City of Chula Vista. H:\HOME\ENGIN EER\LANDDEV\CASjointUSEagreementw-SDGE.DEK_r t f. doc 10/17/00 3:25 PM I ! Re:arding Requested by and ~ P ~ Please Return to: P.O. Box 1087 ~: 0.~ Chula Vis~, Cal~omia 91912 ~: This Inst~ments ~nefits C~ Only. No Fee Required. This Space for Recordeds Use Only APN(s)644-060-11.645-030-18 C.V. File ~o: OV001G EASEMENT FOR STREET PURPOSES FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, OTAY LAND COMPAq. ~C. A DE,WARE LIMI~D UABILI~ COMPANY (in the case of multiple owners, collectively referred to as "Grantor") hereby grants, conveys, and dedicates to ~e CI~ OF OHU~ VISTA, a municipal co~oration ("C~y"), in the County of San Diego, State of California, right-of-way and incidents thereto for a public street upon, over, and across that ce~ain real prope~y in the C~¢ of Chula Vista, County of San Die~o, State of California, and more padicuiariy described as foliows; SEE EXHIBIT "A" AND EXHIBIT Gramor hereby fu~her grants ~o City all trees, gro,~hs (growing or that may herea~er grow), 8nd road- building matefia!s ~hin said right-of-way, including the right to.take water, together w~h the righ~ to use same in such a manner and at such iocations as Ci~ may deem proper, needful, or necessary in the construction, reconstruction, improvement, or mainteRance of said public street. Gramor, for himself, his successors, Bnd assigns, hereby waives any claim for any and all ~smsoss '};~[O;'S re,bi,in3 D~oPe~ OOPtiOUOUS [O ;~9 n~h[-2f-wBy herein conveyed by reason D; t~ ,~ ~3..~.,u~don. iandscaping of said public s[reeL ,_.. >- THE REMAINDER OF THIS PAGE I~ INTENTIONALLY LEFT BLANK 6309 Signed this .~"~ day of~'~ OTAY I-AND COMPANY, LLC, A DELAWARE LIMITED LIABILITY COMPANY By:.. (Notary Acknowledgment Required for E~ch Signatory) T'nis is to certify that the interest in real property conveyed herein to the City of Chula Vista, a governmental agency, is hereby accepted by the undersigned, City Clerk, on behalf of the Chula Vista City Counci! pursuant to authorily conferred by Resolution No. 15E45 of said Council adopted on June 5, 7990, and the grantee(s) consent(s) to the recordation thereof by its duly authorized officer. SUSAN BIGELOW, CITY CLERK EXHIBIT "A" STREf: f DEDICATION THAT PORTION OF LOTS 44 AND 45 OF OTAY RANCH IN Tf-EE CITY OF CHI.IL,A VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 662, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN. DIEGO, FEBRUARY 7, 1900 LYING WITHIN A STRIP OF LAND 64.00 FEET WIDE, THE ~Y LINE THEREOF BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHERLY TERMINUS OF ~ 1800.00 FOOT RADIUS CURVE fN THE CENTERLINE OF OTAY VALLY ROAD, AS DELINEATED ON SH~P-. 1 7 OF l0 SHEETS OF THE MAP OF OTAY RIO BUSINESS PARK UNIT NO. 1, MAP NO. 124581 ~CE.ALONG SAID CURVE 561.61 FEET THROUGH A CENTRAL ANGLE OF 17°52'36"; THENCE SOUTH 36D29'42'' EAST 201.5F/FEET TO A TANG~-NT 1400.00 FOOT RADIUS CURVE CONCAVE WESTEKLY; THENCE ALONG SAID CURVE ~84.59 FEET THROUGH A CENTRAL ANGLE OF 36°12'0g"; THENCE SOUTH 0° 17'34" EAST 230.20 FEET TO TH~ SOUTHERLY LINE OF THE NORTHERLY HALF OF SA~D LOT 44. THE SIDELINES OF SAID 0a.00 FOOT WIDE STRIP OF LAND SHALL BE LENGTHENED OR SttORTENE~ TO BEGIN IN TIlE NORTHERLY LINE AND TER.~IINATE I'N THE SOUTHEP~UY LINE OF THE NORTHERLY HALF OF SAID LOT 44. EXCEPTING THEREFROM THAT PORTION THEREOF LYING WITHI'N THE IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY RECORDED MARCH 7, 1985 AS FILE NO. 85-076,443 OF OFFICIAL RECORDS. TOGETHER ~ TH. AT PORTION OF SAID LOT45 LYING E. ASTER.LY OF THE HEREINBEFORE DESCRIBED ~54.00 FOOT WIDE STRIP OF LAND AND W~STERLY OF SAID iRREVOCABLE OFFER TO DEDICATE REAL PROPERTY. \ / ?,~ VISED 10/&/1931 t t:\p -DR iV ~.PRO~EC'~'S~095150 .S\095 t 12 .{~ I\WP~OVRD-D~D.DOC. $3!1 [/J S~ OE~ICA~ON ACREAGE E ~ ~ DR~NAGE ~S~T ~z~ PARCEL D-1 0.032 PARCEL D-2 1.331 PARCEL E-IOD-] ~.05~ .. PARC~ E-lDO- 2 0.064 UNE TABLE DEDICA~D PER ~AP ~245~ , UNE DIRECTION ~ DI~TANCE . L1 N63'24'45"E i 29.32' SPYOLASS HILL + L6 N35'5~'20"W 97.62' VACA~D AND CLOSED -' ' To PUeUC us~ BY o~ L7 N71'29'06"~ I COUNCIL RESOLU~ON NO. 1B~l L~ N18'37'OG"W ~ ~X ~ CURVE TABLE ~EX'S~C*CC~SSS~O~SE~T~*~'II. ' ICURVE RADIUS I LENGTH I DELTA N0''2458 ~ %5 C2 1051.00' ,18.89' lO5'25'52" i MAP ~qO. 1245~ ~¢ ~ LOT 44 "' J A" LEGEND PROPOSED CENTERLINE OF OTAY VALLEY ROAD PROPOSED RIGHT OF WAY OF OTAY VALL_, ROAD PROPOSED DRAINAGE EASEMENT ......... %M~qNO SIDELINE OF IOD EXISaNO CENTERLINE OF EXIS~NG OWNERSHIP UNE w.o. NO. OV--OO11 CITY OF C~ULA VISTA ENGINEERING DEPAR~ENT OTAY VALLEY BOAD RIGhT-Of-WAY PLAT Sheet 'i" EXHIBIT ~ LINEi DIREC,TION I DISTANCE L]O N36'29,42'W. I 20!. ~, [12 ~3~'2~'~2~w ~ 201.77' k15 ~35'55'20"W ~ 257.50' ,, N CyR~ TABLE ~ ', N CUR~ RADIUS LENG~ DEL~A &OT 12 "~ C5 949.00' 612.77 ~36'59'45 ~ "~ C6 1400.00' 884.59' 36'12'08 ,,~~ C7 ,1336.00' 844.15' 36'12'09 ~ ',~ C8 i1300.00' 813.79' 36q2'0~ ~ EXIST. CITY OF SAN DIEGO ',~ WA~R EASEMENT .... ',~ EXIST. SDG~ EASEMENT wOR ~I~N OF ,.AC ..... ' ~'-' ~ 0,7!6 W. Oo NC). OV--O01 ~ CITY OF CHULA VISTA ENGINEERING DEPARTi~iENT OTAY VALLEY ROAD RIGHT-OF-WAY PLAT ~h~et2 cf 3 / / PAAG=.EZC 4 ! {RREVOCk~LE 3rFER TO PM '" ' = ~',a~-~? ~, PROPERT'f PER ~L[ [ 85-076¢43 RECORDED 3/'7/~ , RODINHOOD RIDGE ~ / , V. T. M. 86-i014o[~ ~ SECTION 2B ~ ~ ~'- T~SS - R~W - ~M ~ . / f ~0 B~ VACATED ~ / .~ ',' ~--iOD-2 LINE TABLE I CURVE TADLE LINE DIRECTION I DISTANCE CURVEI RADIUS;:_,_Nu~'-'~H L5 ' ") '~-" '- N71 ~.0-~a E t 30.50' C5 I 949.00' 612.77 I C5 11400.00' 884.59' L14 N00'i, ,~. W I 230.20' C7 11336.00' ~4-~" ~.'='_. L15 N02': .... J 274,57' CS !150O.0O ..... o 00 W 2!,:'. u,a NO0'I 7'34"W I 251.4.5' L17 N00'03'20"W I 215.14-' L18 N71'2O'43"E [ 67.43' f L19 N18'57'O6"W I 51.2~'I w.o. NO. CITY OF CHULA VISTA ENGINEERING DEPARTI~,ENT OTAY VALLEY ROAD RIGHT-OF-WAY PLAT CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT P~Y ~ ......... *O~IONAL INFORMATION* DESCRI~ION OF A~ACHED DOCUMENT St~E~S) OTHER ~ N~ED CAPACiTY(IE~) C~IMED BY SIGNER(S) [NDI~DU~ ~Df~DU~ Recording Requested by ATTACHMENT ~ City of Chula Vista When recorded, mail to: San Diego Gas & Electric 8316 Century Park Court San Diego, CA 92123 Attn: Rolanda Hayward - 5 lB SPACE ABOVE FOR RECORDER'S USE APN: 644-060-11~ 645-030-18 THE UNDERSIGNED DECLARES CONSIDERATION IS LESS THAN $100 AND TRANSFER TAX IS NONE. JOINT USE AGREEMENT THIS AGREEMENT, dated , by and between SAN DIEGO GAS & ELECTRIC, a corporation (SDG&E), and THE CITY OF CHULA VISTA, a municipal corporation (CITY), is made with reference to the following facts: A. SDG&E is engaged in the business of transmitting and distnT0uting gas and electricity within the City of Chula Vista, County of San Diego, State of California, and has facilities for such purposes located in, upon, over, under, and across that certain easements and right-of-way granted to SDG&E per documents recorded February 1, 1962 as File/Page No. 18845 of Officlal Records. B. CITY is now acquiring or has acquired, easements for public street purposes in, upon, over and across the real property described in Ex~u'bit "A", which is attached hereto and by this reference made a part hereof~ and intends to construct, operate and maintain therein a public dedicated street the location of which is shown on Extnnoit "B" attached hereto and made a part hereo~ and C. The street dedication referred hereto is shown on City Drawing Nos, Grading Plan No. 99-1311 and Street Improverment Plan Nos. 99-1304 & 99-1305 (Public Improvements), copies of which is on file in the office of the City Engineer of the City of Chula Vista; and D. CITY and SDG&E desire to provide for the joint use of the area common to both the SDG&E easement and fight-of-way and the CITY's dedicated street right-of- way for the construction, operation, and maintenance of both parties' facilities in, over, under, and across the aforesaid common ~ NOW, THEREFORE, for valuable consideration, receipt of which is hereby acknowledged, the parties hereby agree as follows: In lieu of dedication, SDG&E hereby consents that a public street may be constructed and maintained over, upon and across that portion of SDG&E's aforementioned easemem and right- of-way lying within the limits of the proposed public street as shown on said Exhibit "B" hereinafter referred to as area subject to the following: (a) In the event that the future use or alteration of said area by the CITY for streets or public improvements incidental thereto shall at any time or times necessitate a rearrangement, relocation or reconstruction of any of SDG&E's facilities or the acquisition of additional property easements, or both, pursuant thereto, the same shall be performed by SDG&E, or by any other party with the consem of SDG&E, at the cost of the CITY. (b) In the event that the future use of SDG&E's easement or properties by SDG&E shall at any time or times necessitate a rearrangement, relocation, or reconstruction of the Public Improvements incidental thereto, the same shall be performed at the cost of SDG&E. (c) All uses of said area by either party shall he such as will not permanently interrupt the use or operation of the facilities therein of the other party; uses of said area by either party which temporarily interfere with the use of the other party will be made only when reasonably necessary and will be promptly terminated as soon as the necessity therefore no longer exists. (d) SDG&E retains the right to review and approve of specific locations of all facilities within its easement to avoid conflict with existing and future SDG&E facilities. Such approvals shall be granted by SDG&E's "Letter of Permission for Grading and Construction 6f Improvements" and approvals shall not be unreasov~bly withheld. (e) If the CITY shall hereaRer vacate, in whole or in part, the area which is occupied by SDG&E's easement, the CITY shall: in the vacation proceedings, reserve to SDG&E all fights owned by SDG&E prior to the execution of this agreement. (f) Except as expressly herein set forth, this agreement shall not in any way alter, modify, or terminate any of SDG&E's rights in said area. IN WITNESS WHEREOF, the parties hereto have mused this agreement to be executed by duly authorized officers. SAN DIEGO GAS & ELECTRIC CO., CITY OF CHI. JLA VISTA, a California ,~n'pt~Jation a Municipal Corporation By: By: er City Manager Real Estate & Facilities Duly Authorized Agent For SDG&E Name APPROVED as to fonn~ This day of 19 R/W NO.: 45463 DWG. NOS.: GP No. 99-1311, St. I P Nos. 99-t304 & 99-1305 STATE OF CA[.1~ORNIA ) COUNTY OF SAN DIEGO ) name is subscribed to the within instrument and acknowledgement to me that he executed the same in his authorized capacity, and that by his signature on the instrument he or the entity upon which he acted, executed the instrument. WITNESS my hand and official seal. ~v~ ~a~a ~I~II~"~I~N OTA RY PUBLIC* ~ SAN DIEGO ~ ~ Comm. ~xp. Rolan~ F. Ha~, Not~ Public / ***OPTIONAL INFORMATION*** T1TLE OR TYPE OF DOCUMENT DATE OF DOCUMENT NUMBER OF PAGES EXHIBIT "A" STREET DEDICATION THAT PORTION OF LOTS 44 AND 45 OF OTAY RANCH IN THE CITY OF CHULA VESTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO, 862, F~.~r~ IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, FEBRUARY 7, 1900 LYING WITHIN A STRIP OF LAND 64.00 FEET WIDE, THE EASTERLY LINE THEREOF BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NOKTHERLY TERMINUS OF THE 1800.00 FOOT RADIus CURVE IN THE CEN'I~,J~INE OF OTAY VALLY ROAD, AS DELINEATED ON SHEET 7 OF 10 SHEETS OF TI~ MAP OF OTAY RIO BUSINESS PARK UNIT NO. 1, MAP NO. 12458; THENCE ALONG SAID CUKVE 561.61 FEET THKOUGH A CENTRAL ANGLE OF 17°52'36~; THENCE SOUTH 38029'42" EAST 201.77 FEET TO A TANGENT 1400.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE ALONG SAID CUKVE 884.59 FEET THROUGH A CENTRAL ANGLE OF THENCE SOUTH 0017'34~ EAST 23020 FEET TO THE SOUTHERLY LINE OF TH]E NORTI-IERLY HALF OF SAID LOT 44. THE SIDF_~LINES OF SAID 64.00 FOOT WIDE STRIP OF LAND SHALL BE LENG~D OR SHORTENED TO BEGIN IN THE NORTHERLY LINE AND TERMINATE IN THE SOUTHERLY LINE OF THE NOKTH]~RLY HALF OF SAID LOT 44. EXCEPTING THEREFROM THAT POKTION THEREOF LYING WITHIN THE IRKEVOCABLE OFI'£K TO DEDICATE REAL PROPERTY RECORDED MAKCH. 7, 1985 AS FILE NOi ;',5-076443 OF OFFICIAL RECORDS. TOGETHER WITH THAT PORTION OF SAID LOT 45 LYING EASTERLY OF THE HEREINBEFORE DESCRIBED 64.00 FOOT WIDE STRIP OF LAND AND WESTERLY OF SAID IRREVOCABLE Ok'P'hP~ TO DEDICATE REAL PROPEKTY. REVISED 10/8/1998 HAP.DRIVE~ROJEC77~095150.S\0951 $2.01 \Wt~OVRD-DED.DOC I PA. RCE.L 4 I ~ ~ ~ I ' I ' ~ ROBINHOOD RIDGE i t ~ V. T. m. 86-1014 / , ~ ~1~ / ~1~ I / NORTH I / t~ E-tOD-2 W.O. NO. OV--O011 CITY OF CHULA VISTA ENGINEERING DEPARTMENT OTAY VALLEY ROAD RIGHT'OF'WAY PLAT EXIffBIT "B" LOT ~£ \ \ I NORTH ~ E-IOD-1, ,SDG~ EASEMENT S-1 ~ WATER EASEMENT FUTURE ULTIMATE R/W I , I I I W.O. NO. OV--OO1 I OITY OF GHULA VISTA ENGINEERING DEPARTMENT I OTAY VALLEY ROAD RIGHT'OF'WAY PLAT Sh~t 2 of EE~BZT "B" ~7" / 5 " d~=~: '''~ ~ S"~EET DEDICATION AOREAC-~ 'ii /~ ~-~ ~,~ P~C~ S-1 1.~1~ .~ s-~ o.o.~ ~ ~1~", ~c~ s-~ o.oo~ NOR~ ~ ~)~, DRNNA~ ~ ~.~r~=~ " P ~cEL D-1 0.032 ~ o , P~L D-2 1.331 . ' PARC~ D'3 0.032 ? C-' ----~- ~ ~S~NG I~ TO BE A~ P~CEL E--IOD-1 1.054 PARCEL E'IOD-2 0.064 DEDICATED PER MAP 12458 SPYGLASS HILE ..+. MNE TABLE LINE DIRECTION DISTANCE L1 N63'24~45,E 29.32' L2 N71 '20'4-3"E 51.59' L5 I NOO'lT"D4"W 97.09' L4- N71'20'4-3"E 11.21' L5 N71.20'43"E 30.50' L6 NDS'55'20"W 97:62' CURVE TABLE [ CURVE RADIUS LENGTH DELTA MAP NO. '124,58 % C1 1864.00' 198.69' 06'06'26" ~ C2 1051.00' 118.89" 06'28'52" ~. C5 1838.00' 145.78' 04'32'4-0' % STORM DRNN [ 0-]'.,6. y ACCE~SS EA..~E],IT GRANTED PER MAP NO. t, 97.27' ~ LOT 46 0-1 ~ \ 6#6-030-38 s-~ I \, ~ LEGEND PROPOSED CENTERLINE OF OTAY VALLEY ROAD PROPOSED RIGHT OF WAY OF OTAY VALLEY ROAD PROPOSED DRAINAGE EASEMENT ........ EXISTING SIDELINE OF IOD EXISTING CENTERLINE OF IOD EXISTING OWNERSHIP LINE W.O. NO. OV--OOl! CITY OF CI, iULA. VISTA £NC~N££R~N¢ D£P~T~ENT OTAY VALLEY ROAD RIGHT-OF-WAY PLAT Sheet '1 of r ~Xi'IBIT "B" ~7 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A JOINT USE AGREEMENT BETWEEN SAN DIEGO GAS & ELECTRIC, A CORPORATION (SDG&E) AND THE CITY OF CHULA VISTA, A MUNICIPAL CORPORATION (CITY) AND AUTHORIZING THE CITY MANAGER TO APPROVE THE AGREEMENT WHEREAS, the City of Chula Vista has acquired right-of- way easements on portions of Otay Valley Road in connection with the Robinhood Ridge Subdivision; and WHEREAS, SDG&E is requesting that the City enter into a Joint Use Agreement upon, over, under and across that certain easement and right-of-way granted to SDG&E; and WHEREAS, SDG&E is requesting the Joint Use Agreement to provide for the joint use of the area common to both the SDG&E easement and right-of-way and the City's dedicated street right of way. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve a Joint Use Agreement between San Diego Gas & Electric and the City of Chula Vista, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Manager of the City of Chula Vista is hereby authorized and directed to execute said agreement on behalf of the City of Chula Vista. Presented by Approved as to form by John P. Lippitt Joh~. Kaheny Director of Public Works City Attorney [H:\HOME~,TTORNEY~RESO\SDG&E Joint Use Agreement (October 13, 2000 (12:16pm)] Recording Requested by City of Chula Vista When recorded, mail to: San Diego Gas & Electric 8316 Century Park Court SanDiego, CA 92123 Attn: Rolanda HayWard - 5lB SPACE ABOVE FOR RECORDER'S USE APN: 644-060-11, 64S-030-18 THE UNDERSIGNED DECLARES CONSIDERATION IS LESS THAN $100 AND TRANSFER TAX IS NONE. JOINT USE AGREEMENT THIS AGREEMENT, dated , by and between SAN DIEGO GAS & ELECTRIC, a corporation (SDG&E), and THE CITY OF CHULA VISTA, a municipal corporation (CITY), is made with reference to the following facts: A. SDG&E is engaged in the business of transmitting and distributing gas and electricity within the City of ChUla Vista, County of San Diego, State of California, and has facilities for such purposes located in, upon, over, under, and across that certain easements and right-of-way granted to SDG&E per documents recorded February 1, 1962 as File/Page No. 18845 of Official Records. B. CITY is now acquiring or has acquired, easements for public street purposes in, upon, over and across the real property described in Exhibit "A", which is attached hereto and by this reference made a part hereof, and intends to construct, operate and maintain therein a public dedicated street the location of which is shown on Exba~bit "B" attached hereto and made a part hereof; and C. The street dedication referred hereto is shown on City Drawing Nos, Grading Plan No. 99-1311 and Street Improverment Plan Nos. 99-1304 & 99-1305 (Public Improvements), copies of which is on file in the office of the City Engineer of the City of Chula Vista; and D. CITY and SDG&E desire to provide for the joint use of the area common to both the SDG&E easement and right-of-way and the CITY's dedicated street right-of- way for the construction, operation, and maintenance of both parties' facilities in, over, under, and across the aforesaid common area. NOW, THEREFORE, for valuable consideration, receipt of which is hereby acknowledged, the parties hereby agree as follows: In lieu of dedication, SDG&E hereby consents that a public street may be constructed and maintained over, upon and across that portion of SDG&E's aforementioned easement and right- of-way lying within the limits of the proposed public street as shown on said Exhibit "B" bereinalter referred to as area subject to the following: (a) In the event that the future use or alteration of said area by the CITY for streets or public improvements incidental thereto shall at any time or times necessitate a rearrangement, relocation or reconstruction of any of SDG&E's facilities or the acquisition of additional property easements, or both, pursuant thereto, the same shall be performed by SDG&E, or by any other party with the consent of SDG&E, at the cost of the CITY. (b) In the evem that the future use of SDG&E's easement or properties by SDG&E shall at any time or times necessitate a rearrangement, relocation, or reconstruction of the Public Improvements incidental thereto, the same shall be performed at the cost of SDG&E. (c) Ail uses of said area by either party shall be such as will not permanently interrupt the use or operation of the facilities therein of the other party; uses of said area by either party which temporar'fly interfere with the use of the other party will be made only when reasonably necessary and will be promptly terminated as soon as the necessity therefore no longer exists. (d) SDG&E retains the right to review and approve of specific locations of all facilities within its easement to avoid conflict with existing and future SDG&E facilities. Such approvals shall be granted by SDG&E's "Letter of Permission for Grading T · 11[ and Construction Of Improvements" and approvals shall not be unreasonably withheld. (e) If the CITY shall herealter vacate, in whole or in part, the area which is occupied by SDG&E's easement, the CITY shall) in the vacation proceedings, reserve to SDG&E all rights owned by SDG&E prior to the execution of this agreement. (f) Except as expressly herein set forth, this agreement shall not in any way alter, modify, or terminate any of SDG&E's rights in said area. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by duly authorized officers. SAN DIEGO GAS & ELECTRIC CO., CITY OF CHULA VISTA, a California ~nl~ation a Municipal Corporation By: Jo . City Manager Land 1V~ement Manager Real Estate & Facilities Duly Authorized Agent For SDG&E Name APPROVED as to form This day of 19 ' UU~ ~ NO.: 45463 DWG. NOS.: GP No. 99-1311, St. I P Nos. 99-1304 & 99-1305 -3- rT' O STATE OF CALFFORNIA ) COUNTY OF SAN DIEGO ) i | On ~ t~ ] ~ before me Rolanda F. Hayward, Notary Public, personally, api~eared John B. Burton, personally known to me to be the person whose name is subscribed to the within instrument and acknowledgement to me that he executed the same in his authorized capacity, and that by his signature on the instrument he or the entity upon which he acted, executed the instrument. WITNESS my hand and official seal. ~-~;t~a;d~. ~4a~-a~ ~i~'~NOTAR¥ PUBLIC- CAlX ~ll~'~ BAN DIEGO cOUNI~f ~1~ \~./ comm. Exp. Aug. Rolanda F. Hayw. a~, Notary Public / ***OPTIONAL INFORMATION*** TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT NUMBER OF PAGES EXHIBIT "A" STREET DEDICATION THAT PORTION OF LOTS 44 AND 45 OF OTAY RANCH 1N THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 862, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, FEBRUARY 7, 1900 LYING WITHIN A STRIP OF LAND 64.00 FEET WIDE, THE EASTERLY LINE THEREOF BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHERLY TERMINUS OF THE I$00.00 FOOT RADIUS CURVE IN THE CENTERLINE OF OTAY VALLY ROAD, AS DELINEATED ON SHEET 7 OF 10 SHEETS OF THE MAP OF OTAY RIO BUSINESS PARK UNIT NO. 1, MAP NO. 12458; THL~NCE ALONG SAID CURVE 561.61 FEET THROUGH A CENTRAL ANGLE OF 17°52'36"; THENCE SOUTH 36029'42'' EAST 201.77 FEET TO A TANGENT 1400.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE ALONG SAID CURVE 884.59 FEET TI{ROUGH A CENTRAL ANGLE OF 36°12'05"; THENCE SOUTH 0°17'34'' EAST 230.20 FEET TO THE SOUTHERLY LINE OF THE NORTHERLY HALF OF SAID LOT 44. THE SIDELINES OF SAID 64.00 FOOT WIDE STRIP OF LAND SHALL BE LENGTHENED OR SHORTENED TO BEGIN IN TH]E NORTHERLY LINE AND TERMINATE IN THE SOUTHERLY LINE OF THE NORTHERLY HALF OF SAID LOT 44. EXCEPTING THEREFROM THAT PORTION THEREOF LYING WITHi'N THE IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY RECORDED MARCH 7, 1985 AS FILE NO, 85-076443 OF OFFICIAL RECORDS. TOGETHER WITH THAT PORTION OF SAID LOT 45 LYING EASTERLY OF THE HEREINBEFORE DESCRIBED 64.00 FOOT WIDE STRIP OF LAND AND WESTERLY OF SAID IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY. S D. NOWLAN L.S. 4260 DATE REVISED 10/8/1998 H:~P-DRIVEkPROJECTS\095150.S\095182.01 \WP\OVRD-DED.DOC PM '~46'J I I ROBtNHOOD RIDGE / V, % M. 86-1014 / ~ I / / / / NORTH ~ / / / / / / / / ~ E-IOD-2 / / W. Oo NO. OV--OOll CITY OF CHULA VISTA ENGINEERING DEPARTMENT L..OTAY VALLEY ROAD RIGHT-OF-WAY PLAT LOT ~2 \ ~ NORTH \\ ~ E-~OD-~. \\ ~'" \~ ~SDGAE EASEMENT ~-2 ~ [ 5 Cl~ OF SAN DIEGO S-1 ~ WA~R EASEMENT ~RE UL~MA~ R/W WoO. NO. OV--OOll CITY OF CHULA VISTA ENGINEERING DEPARTMENT OTAY VALLEY ROAD RIGHT'OF'WAY PLAT s~..t :~ of ,* · dc~=~ ~ r~ STREET DEDICATION ACREAGE ~.- PARCEL S-2 0.208 _~ ~%, PARCEL S-5 0.098 .~3 ~lt~= i PARCEL S-4 0.006 NORTH ~ ~J~.z~., ~] DRAINAGE EASEMENT ~ "' """ ~ q-I?J~j~' l ~ z~_ , PARCEL D-1 0.032 PARCEL D-3 0.032 ~ EXlSTINO IOD TO BE ACCEPTED PARCEL E-IOD-1 1.054 PARCEL E-IOD-2 0.064 DEDICATED PER IdN3 12458 SPYGLASS HILL -I- VACATED AND CLOSED TO PUaUC USE BY aw MNE TABLE COUNCIL R/SOLUTION qO. 18061 LINE DIRECTION DISTANCE L1 N63'24'45"E 29.32' L2 N71 '20'43"E 51.59' ' L3 NO0~I 7'34"W 97.09' ~ ' L4 N71'20'45"E 11.21' L5 N71 '20'45"E ~0,50' E-IOD-1 L6 N35'55'20"W 97.62' t CURVE TABLE C,.V. TR..No. 87-6~ "" \ t JCURVEJ RADIUS J LENGTH J DELTA u~rr No. v , t I Cl 11864.00'1198.69' J06'06'26" M_AP NO. "J24,58 t J C2 J1051.00' J118.89' J06'28'52" t I C3 J1838.00'1145.78' J04'32'40" & ACCES~ EASEMENT GRANTED PER MAP NO. LO'[' 44 ~ 97.27' \ 844-.060.':I'1 \ LO7' 4,5 D-1 ~ \ 645-030-~8 s-1 I \.~ LEGEND PROPOSED CENTERLINE OF OTAY VALLEY ROAD PROPOSED RIGHT OF WAY OF OTAY VALLEY ROAD PROPOSED DRAINAGE EASEMENT ........ EXISTING SIDELINE OF IOD EXISTING CENTERLINE OF IOD --~- EXISTING OWNERSHIP LINE W.O. NO. OV--O0~ CITY OF CHULA. VISTA ENGINEERING DEPARTMENT OTAY VALEL Y ROA,D RIOHT'OF'W, MAY PLAT Sh.-t, of.~ ~XI{IBIT 'B" '/- "~"""' .............. -T · 11 1F COUNCIL AGENDA STATEMENT Item Meeting Date October 24, 2000 ITEM TITLE: Resolution Approving an agreement with the State of California Department of Transportation regarding State Route 125. SUBMITTED BY: Director of Public Works~ REVIEWED BY: City Manager ~'~ (4/5tbs Vote: No X ) The State of California Department of Transportation (Caltrans) and California Transportation Ventures (CTV) have entered into a Development Franchise Agreement authorizing CTV to construct that portion of State Route 125 (SR-125) within the City of Chula Vista. Before any construction activities can take place, the City and Caltrans must enter into an agreement which authorizes work on various City streets which may be affected by the construction of SR-125. RECOMMENDATION: That the City Council approve the agreement with the State of California Department of Transportation regarding State Route 125 and authorize the Mayor to sign the agreement. BOARDS/COMMISSION: None. DISCUSSION: In order for Caltrans to acquire right of way for, and construct, SR-125, an agreement between the City and Caltrans needs to be entered into. The agreement provides that the City consents to the potential closing or relocation of City streets, construction of frontage streets and other local streets, and other construction affecting the City's streets. The agreement recognizes that the State and CTV have entered into a Development Franchise Agreement authorizing CTV to construct the portion of SR-125 within the City's jurisdiction, but CTV is not a party to the agreement and Caltrans is obligated to insure that when CTV constructs the toll facility that the conditions contained within the agreement are carried out. Under the agreement, the State shall construct the freeway or toll facility, and make changes affecting City streets in accordance with the agreement as shown on Exhibit A. The agreement also authorizes Caltrans to acquire all necessary right of way which may be required for City streets. Further, the agreement provides that Caltrans may acquire the fight of way in sections or units and that the right of way acquisition and construction shall be carried out at such time and for such units of SR~125 as funds are budgeted. Last, the agreement provides that the City will accept control and maintenance of the relocated or reconstructed City streets upon written notice that the work on those streets has been completed. FISCAL IMPACT: None. Caltrans and/or CTV will pay for all construction contemplated by this agreement unless a separate agreement authorizing City contributions or payments is entered into. File: 0750-95-HT003; 0140-30-LY072 H:\HOME\ENGINEER\AGENDA\I25agreement.doc ~ ~ ] RESOLUTION NO. RESOLUTION OF TEE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRAI~SPORTATION REGARDING SR 125, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the State of California Department of Transportation (Caltrans) and California Transportation Ventures (CTV) have entered into a Development Franchise Agreement authorizing CTV to construct that portion of State Route 125 (SR- 125) within the City of Chula Vista; and WHEREAS, before any construction activities can take place, the City and Caltrans must enter into an agreement which authorizes work on various City streets which may be affected by the construction of SR-125. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve an Agreement with the State of California Department of Transportation regarding State Route 125, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said agreement on behalf of the City of Chula Vista. Presented by Approved as to form by John P. Lippitt John~/~.~Kaheny ~' Director of Public Works City Attorney [H:\HOME~ATTORNEY\RESO/SR 125 Agreement with State (October 16, 2000 (2:22prn)] 11-SD-125 KP 3.8/12.5 FREEWAY AGREEMENT THIS AGREEMENT, made and entered into effective this .day of ,20 __, is by and between the STATE OF CALIFORNIA, acting by and through its Department of Transportation (hereinafter referred to as "STATE"), and the City of Chula Vista (hereinafter referred to as "CITY"), WlTNESSETH: WHEREAS, State highway 125 has been declared to be a freeway by Resolution of the California Transportation Commission on February 23, 2000; and WHEREAS, a plan map for such freeway has been prepared showing the proposed plan of the STATE freeway (the Project) as it affects streets of the CITY; and WHEREAS, State and California Transportation Ventures, Inc.(CTV) have entered into a Development Franchise Agreement authorizing CTV to construct that portion of SR- 125 within the jurisdiction of CITY. NOW, THEREFORE, IT IS AGREED: 1. CITY agrees and consents to the permanent closing of CITY streets, relocation of CITY streets, construction of frontage streets and other local streets, and other construction affecting CITY streets, in accordance with Caltrans' standards, only as shown on the plan map marked Exhibit A attached hereto and made a part hereof by this reference. 2. STATE shall construct the freeway, and make such changes affecting CITY streets as are in accordance with the plan map attached hereto marked Exhibit A. 3. STATE agrees that all necessary fight of way as may be required for construction, reconstruction, or alteration of these affected CITY streets, frontage roads, and other local streets will be acquired by or for STATE, and CITY hereby authorizes STATE to acquire in its behalf all such necessary right of way as STATE may require for CITY'S final amended CITY street configuration in accordance with Exhibit A. 4. It is understood between the parties that this fight of way may be acquired in sections or units, and that both as to the acquisition of right of way and the construction of the freeway Project, the obligations of STATE hereunder shall be carried out at such time and for such unit or units of the Project as Project funds are budgeted and made lawfully available for such expenditures. 5. CITY will accept control over and maintenance of each of the relocated or reconstructed CITY streets, the frontage roads, and other STATE constructed local streets upon receipt of written notice to CITY from STATE that the work thereon has been completed, except for any portion which is adopted by STATE as a part of the freeway proper. CITY will accept title to the portions of such streets lying outside the Project freeway limits upon transfer by STATE. 6. This Agreement may be modified at any time by the mutual consent of the parties hereto, as may become necessary for the best accomplishment, through STATE and CITY cooperation, of the whole freeway Project for the benefit of the people of the STATE and of the CITY. 1N WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers. STATE OF CALIFORNIA THE CITY OF CHULA VISTA Department of Transportation By JEFF MORALES Director of Transportation By ROBERT L. BUCKLEY Project Planning and Design Engineer APPROVED AS TO FORM: APPROVED AS TO FORM: Attorney, City of Chula Vista Attorney, State of California COUNCIL AGENDA STATEMENT tem Meeting Date 10/24/00 ITEM TITLE: Resolution Declaring City's intention to underground overhead utilities along Bonita Road from the eastern City limits to Otay Lakes Road and on Otay Lakes Road from Bonita Road to Camino del Cerro Grande/Surrey Drive and setting a public hearing for the formation of Utility Underground District Number 132 for December 5, 2000 at 4:00 p.m. SUBMITTED BY: Director of Public Works ~ REVIEWED BY: City Manager ~ft~ ~/ (4/5ths Vote: Yes __ No X ) A public hearing was conducted before the City Council on September 1 and 15, 1998, at which time the City Council approved the ordinance (Ordinance No.2746) adopting the new Franchise Agreement with SDG&E during its second hearing. Part of this agreement involves the allocation of the California Public Utilities Commission (CPUC) Rule 20A Funds for constructing the Utility Underground Conversion Projects shown in Exhibit "A". Thc next round of utility underground conversion projects, Otay Lakes Road from Bonita Road to Camino del Cerro Grande/Surrey Drive, as approved in the new Franchise Agreement, is scheduled for the year 2001. The section of Bonita Road from the eastern City limits to Otay Lakes Road is being added at the suggestion of SDG&E. RECOMMENDATION: That Council approve the resolution declaring the City's intention to underground overhead utilities along Bonita Road from the eastern City limits to Otay Lakes Road and on Otay Lakes Road from Bonita Road to Camino del Cerro Grande/Surrey Drive and setting a public hearing for the formation of Utility Underground District Number 132 for December 5, 2000 at 4:00 p.m. BOARD COMMISSIONS RECOMMENDATION: Not applicable DISCUSSION: The adoption of the new Franchise Agreement with SDG&E Company allocates CPUC Rule 20A Funds for constructing a Utility Underground Conversion project along Otay Lakes Road from Bonita Road to just east of Camino del Cerro Grande/Surrey Drive. On August 11, 2000, representatives from the City and SDG&E held a "walk-thru" of the site, to determine the proposed boundary of the utility underground district for the conversion of existing overhead utilities to underground. All utility poles along this section of Otay Lakes Road and two utility poles at the head of the "tee" intersection at Bonita Road will be included in the proposed district. With the removal of the two poles at the "tee" intersection, only three more utility poles will be left on Bonita Road east of Otay Lakes Road to the eastern City limits; the only remaining section of Bonita Road within the City boundary that is not undergrounded. Page 2, Item Meeting Date 10/24/00 It was determined during this "walk-thru" that the addition of Bonita Road to this project is appropriate at this time and economical. The Bonita Road portion remaining is not large enough to form a separate underground project in the future and must be combined with the Otay Lakes Road project. The proposed boundary is shown on attached Exhibit "B". The Underground Utility Advisory Committee (UUAC) representative agreed to propose to the City Council the formation of a utility undergrounding district for the conversion of overhead utilities along Otay Lakes Road from Bonita Road to just east of Camino del Cerro Grande/Surrey Drive and Bonita Road from Otay Lakes Road to the eastern City limits. The proposed utility undergrounding district is about 4,350 feet long along Otay Lakes Road and 800 feet along Bonita Road and will be mostly high voltage (65KV) transmission line conversion. This project will cost approximately $2,730,000 for both streets, $2,250,000 for Otay Lakes Road and $480,000 for Bonita Road. Undergrounding of overhead utilities at Bonita Road west of Otay Lakes Road has been completed whereas two phases of undergrounding will be needed to complete Otay Lakes Road from Bonita Road to Ridgeback Drive. The first phase of Otay Lakes Road conversion covers this district and is scheduled for 2001, while the second phase, from Camino del Cerro Grande/Surrey Drive to Ridgeback Drive, is scheduled in 2003. The Average Daily Traffic (ADT) counts on Bonita Road east of Otay Lakes Road to the City limits and Otay Lakes Road between Bonita Road and Camino del Cerro Grande/Surrey Drive is approximately 24,700 and 31,190 respectively. Staff recommends the formation of this conversion district because: 1. Bonita Road is a major east/west thoroughfare in the northeastern portion of Chula Vista and an entrance into the City. Otay Lakes Road, on the other hand, is a north/south thoroughfare linking the northern part of the City with the new developments to the eastern and southern portion of the City. The undergrounding of existing overhead utilities will contribute to the creation of an aesthetically pleasing major street. 2. This segment of Bonita Road is classified in the General Plan's Circulation Element as a four-lane major street. Otay Lakes Road is classified as a six-lane prime arterial street. 3. Undergrounding has been completed on Bonita Road from Willow Street to Otay Lakes Road and on Otay Lakes Road from Ridgeback Drive/Canyon Drive to Telegraph Canyon Road, thus making the proposed district an extension of an undergrounded section. Undergrounding of the overhead utilities will complete the only remaining portion of Bonita Road that is not undergrounded. Otay Lakes Road will be completely undergrounded in FY03/04 Section 15.32.130 of the Chula Vista Municipal Code requires the City Council to set a public hearing to determine whether the public health, safety, and general welfare requires the under- grounding of existing overhead utilities within designated areas of the City. The intent of the public hearing is to give persons the opportunity to speak in favor of or against the formation of a proposed district to underground utilities. The purpose of forming the district is to require the utility companies to underground all overhead lines, to remove all existing wooden utility poles within the District, and to require property owner(s) to convert their service connections to underground. Page 3, Item Meeting Date 10/24/00 Four utility poles located on a hill approximately 130 feet above Otay Lakes Road north of Camino Elevado are serving several properties along the cul-de-sac on Calle Mesita and Songbird Lane. These utility poles are, in turn, being served from a pole on the west side of Otay Lakes Road. City staff has asked SDG&E about the possibility of rerouting the service feed to these properties using an existing electrical pole distribution on Calle Mesita. If the rerouting ("reverse-feed") of the existing electrical service is not possible at this location, then there is a possibility that these overhead utility lines would remain in place. The conversion work required from the property owner(s) will involve the trenching, backfilling and installation of conduits from property line to the point of connection. Chula Vista City Council Policy No. 585-1 established a mechanism that helps property owner(s) with the cost of the conversion work from the distribution lines to the structure. This policy provides for the reimbursement of property owner(s) at a rate of $35 per foot of trenching up to a maximum of 100 feet. Property owner(s) will also be reimbursed $300 to $400 for the modification of existing meter service panel. The modification of the meter service panel will be reimbursed at $300 for commercial and residential properties with less than 200-Amp electrical service. For other commercial and multi-family dwelling units (apartments and condominiums) with at least 200- Amp service panel, the reimbursement amount will be $400. This reimbursement is designed to help property owner(s) defray a portion of the total cost of their respective underground conversion work. Only two customers, the Bonita Golf Course (City-owned and operated) and 201 Camino Elevado, will be affected by this conversion project. The Bonita Golf Course will get reimbursement for it's electrical work while 201 Camino Elevado, which only requires telephone conversion, will not. The maximum reimbursement amount for the golf course, estimated to be approximately $3,900, will be adjusted based on the actual trenching and meter service panel work completed. Approval of this resolution will set a public hearing to be held during the City Council meeting of December 5, 2000 at 4:00 p.m., in accordance with Section 15.32.130 of the Municipal Code for the formation of this district. Section 15.32.140 of the City Code requires the City Clerk to notify all affected persons and each utility company of the time and place of the public hearing at least 15 days prior to the date of the public hearing. Notice is to be given by mail to all property owner(s) and occupants of property located within the boundaries of the proposed district. The City Clerk is required by said section of the Code to publish the Resolution of Intention, setting the public hearing in the local newspaper no less than five days prior to the date of the public hearing. FISCAL IMPACT: The cost of pole removal, undergrounding overhead facilities and private property conversion reimbursements as outlined above is estimated to be approximately $2,730,000. SDG&E's allocation funds (Rule 20-A) will cover the estimated cost of the undergrounding project. A new Street Lighting Installation and Golf Course Maintenance Building Underground Conversion Capital Improvement Projects (CIP) will be necessary as a result of this undergrounding district. Both projects will coincide with the Utility Undergrounding project. The Street Lighting Installation project is estimated to cost approximately $164,000 while $5,000 is estimated for the modification to the electrical and Page 4, Item Meeting Date 10/24/00 telephone utilities serving the golf course maintenance building. Both CIP projects will be submitted for Council's approval during the FY01/02 Capital Improvement Program budget process. Gas Tax Funds will be proposed to cover the cost of the street lighting project and general fund for the golf course maintenance building. All staff costs associated with the formation of this district are not reimbursable from the allocation funds and, therefore, are borne by the general fund. Attachments: Exhibit A - Utility Underground Conversion Projects Exhibit B - Boundary Map File No. 810-20-AY103 10/19/00 8:21:34 AM H:\HOME\ENGINEER\AGENDA\00a-Otay Lakes UG District Intention.rdj.doc CITY OF CHULA VISTA UTILITY UNDERGROUNDING PROGRAM UTILITY UNDERGROUNDING PROJE~TS TO BE COMPLETED BY END OF 1999 DISTRICT STREET LIMITS NUMBER E Street Broadway to Toyon Lane 123 Main Street Industrial Boulevard to Third Avenue 126 Otay Lakes Road Ridgeback to Apache Drive 129 Palomar Street I-5 to Industrial Boulevard 127 FUTURE UTILITY UNDERGROUNDING PROJECTS TO BE COMPLETED IN 2000 ESTIMATED STREET LIMITS COST Broadway "C" Street to "E" Street $513,000 Fourth Avenue "H" Street to "L" Street $1,000,000 Orange Avenue Palomar Street to Fourth Avenue $440~00,0 TOTAL $1,953,000 FUTURE UTILITY UNDERGROUNDING PROJECTS TO BE COMPLETED IN 2001 STREET LIMITS, ESTIMATED ~ COST ~ iOtay Lakes Road Bonita Road to Cam no Del Cerro Grande $2~250~000 II TOTAL $2,250,000 FUTURE UTILITY UNDERGROUNDING PROJECTS TO BE COMPLETED IN 2002 ESTIMATED STREET LIMITS COST Fourth Avenue "L" Street to Orange Avenue $1,150,000 "L" Street Monserate Avenue to Nacion Avenue $340,000 "L" Street Broadway to Third Avenue $700~000 TOTAL $2,190,000 FUTURE UTILITY UNDERGROUNDING PROJECTS TO BE COMPLETED IN 2003 I STREET LIMITS IESTIMATED I COST I IIOta}' Lakes Road Cam no Del Cerro Grande to Rid~]eback Road $2I100~000 If TOTAL $2,100,000 FUTURE UTILITY UNDERGROUNDING PROJECTS TO BE COMPLETED IN 2004 ESTIMATED STREET LIMITS COST "J" Street East of Broadway to Third Avenue $700,000 "J" Street East of Nacion Avenue'to West of Lori Lane $290,000 ",J" Street Third Avenue to First Avenue $4751000 TOTAL $1,465,000 JULY27,1998 "~~-- EXHIBIT "A" RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING CITY'S INTENTION TO UNDERGROUND OVERHEAD UTILITIES ALONG BONITA ROAD FROM THE EASTERN CITY LIMITS TO OTAY LAKES ROAD AND ON OTAY LAKES ROAD FROM BONITA ROAD TO CAMINO DEL CERRO GPJ~NDE/SURREY DRIVE AND SETTING A PUBLIC HEARING FOR THE FORMATION OF UTILITY UNDERGROUND DISTRICT NUMBER 132 FOR DECEMBER 5, 2000 AT 4:00 P.M. WHEREAS, Chapter 15.32 of the Chula Vista Municipal Code establishes a procedure for the creation of underground utility districts and requires as the initial step in such procedure the holding of a public hearing to ascertain whether public necessity, health, safety, or welfare requires the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service in any such district; and WHEREAS, on August 11, 2000, an Underground Utility Advisory Committee (UUAC) meeting was held at the site to determine the proposed boundary of an underground utility district along Bonita Road from the eastern City limits to Otay Lakes Road and on Otay Lakes Road from Bonita Road to Camino Del Cerro Grande/Surrey Drive; and WHEREAS, it has been recommended that such an underground utility district, hereinafter called "District", be formed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as follows: 1. NOTICE IS HEREBY GIVEN that a public hearing will be held in the Council Chambers of the City of Chula Vista at 276 Fourth Avenue in said City on Tuesday, the 5th day of December, 2000, at the hour of 4:00 p.m., to ascertain whether the public necessity, health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication, or similar associated service in the District hereinabove described. At such hearing, all persons interested shall be given an opportunity to be heard. Said hearing may be continued from time to time as may be determined by the City Council. 2. The City Clerk shall notify all affected property owners as shown on the last equalized assessment roll and utilities concerned of the time and place of such hearing by mailing a copy 1 of this resolution to such property owners and utilities concerned at least fifteen (15) days prior to the date thereof. 3. The area proposed to be included in the District is as shown on Exhibit A attached hereto and made a part hereof by reference. Presented by ~proved as to form by JOhnpublic P' WorksLippitt' Director of AtJ°h~M;yKaheny'/xi~y~Orn~ H:~home\attorney~reso~ Intention 132 2 CITY COUNCIL AGENDA STATEMENT Item: Meeting Date: /0 10/24/00 ITEM TITLE: Resolution amending the capital improvement program budget by appropnatmg $65,000 from available CDBG funds and transferring $177,957 from PAD funds previously appropriated for CIP projects PR213, PR224, PR226, and PR227 for Parkway Pool renovation. SUBMITTED BY: Director Parks & Recreation $/ a (0<- REVIEWED BY: City Manager f<'or;V (4/5thsVote: Yes-X No_) As part of the CIP Parkway Pool Renovation Project, Council approved funds for renovation of Parkway Pool June 2000. The plans have been finalized and have exceeded the original budget by $242,957. In order to bring the swimming pool up to standards the decking and underwater lighting need to be replaced. The approved CIP PR223 (Exhibit A) for a total of $392,021 has been committed to the project from: CDBG funds - $217,431; PAD funds - $7,500; PR226 transfer - $15,400; and a State Grant - $151,690. A current estimate of $634,978 has been received identifying an additional $242,957 as needed to complete the project. A window of opportunity exists between December I, 2000 and March 1,2001, when the pool is closed, for completion of this project. RECOMMENDATION: That the City Council approves the Resolution amending the capital improvement program budget by appropriating $65,000 from available CDBG funds (Exhibit B) and transferring $177,957 from PAD funds previously appropriated for CIP projects PR213, PR224, PR226, and PR227 (Exhibit C). BOARD/COMMISSION RECOMMENDATION: The Parks and Recreation Commission approved the original plans for the Parkway Pool renovation in April 1998. The commission has been kept apprised of the projects progress. DISCUSSION: In January 2000 the City of Chula Vista received an initial bid (Exhibit D) of $354,000 for the Parkway Pool renovation and underwater lighting project. This amount was used for the justification of CIP PR223 identifying funds from CDBG funds - $217,431; PAD funds - $7,500; PR226 transfer - $15,400; and a State Grant - $151,690 for a total of $392,021 for completion of the project. This CIP was approved in June 2000 and subsequently a purchase requisition was issued to the consultant for $39,000 to finalize the plans and submit a final estimate. This final estimate (Exhibit E) was received in August 2000 indicating that the total to complete the project was now $530,324. During a comparison of the two estimates (Exhibit F) several line items were discovered to have been left off or grossly underbid on the original estimate. Because staff was concerned with the discrepancy between the two estimates, a second consultant was contacted to review the plans. Their preliminary verbal estimate was closer to $600,000, which does not include inspection costs of around $25,000 to $30,000, leaving a J ~ -I - I deficit of $237,979. The escalation in cost, excluding the oversights, can be contributed to significant increases in labor and material. The funds identified to facilitate completion of this proj ect in a timely manner include: . Available CDBG funds . PR213 (Rohr Park Maintenance Shed) - PAD transfer . PR224 (Lorna Verde Complex Improvements) - PAD transfer . PR226 (Lorna Verde Pool Renovation) - PAD transfer . PR227 (Rohr Park Jogging Trail Improvements) - PAD transfer $65,000 $31,198 $44,936 $6,823 $95.000 $242,957 These identified CIP projects have either been completed with funds remaining or can be postponed until a later time when the Parks and Recreation department can repay the open CIPs with state grant money due late FY 00/01. The pool renovation project has been a priority item for the Parks and Recreation Department for some time in light of the fact that City staff has been patching and repairing the pool as needed for the last few years. The pool is a much used facility by the community and would certainly overburden the Lorna Verde pool if it was shut down longer than the scheduled three months during the winter, hence the urgency of this Resolution. The window of opportunity exists between December I, 2000 and March 1,2001, when the pool is closed, for completion of this project. FISCAL IMPACT: Appropriating $65,000 from available CDBG funds and transferring $177,957 from PAD funds previously appropriated for CIP projects PR213, PR224, PR226, and PR227 for the Parkway Pool renovation. Attachments: Exhibit A - CIP PR223 Exhibit B - Letter to Community Development Exhibit C - CIPs PR213, PR224, PR226, and PR227 Exhibit D - Estimate dated January 2000 Exhibit E - Estimate dated August 2000 Exhibit F - Comparison of estimates /o-~ I I I I I I I ::::! ~ UI Q :E ~ c(<:l I.~ ~ >Q. :3~ I ::) <: :CUI O:E I~ * 1=8: O:E - I I I I I I I I I j , i I I II -! e u I~ ~I : ~ <> .. a.. a .., ..J ~ o .., % .:.: o Z .,. .., ~I ~ ~ I <( E I Do Z' .., _I C i ! .... ~ a: ~ "0 o a.. >- M .. N " 2 ~ a.. a.. o Z Q. i3 '" o U " .. -.: '" >; .c en >- " 3 en 00 " -s. ~ ~ 1l> " -;:; ~ " w ~ ~ :> .. :; .c I~ Ie! ,E 1<3 , , 115 I~ IZ 1:5 ,I>. 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N1i~ 2" .= a.. a-" ." - >-,,~ .oNE -g~o "" - " " " u ::S'- ..c ~ 00- w".c C':I ._ _ 3: C:'- " " -5'~ u ._ II,) '"0 ..c..o'u ~ g.s -g..::: 8 li2S ~t;;1J 0."- u 0 " ~u-g ",s.c U) .- u g ~ In ''::: -:.~ .. 0- ~o5 'u ~ E 1tg -" ~N~ C ~ 0 " u u w 1:: u u ~ e ~ cr..= ~ e.~ ell;:; ~ .,,"" 15gb ...c~e _.- C':I o u " '" .0 a- " Z :; ~ o .., J: <.> '" , t . . -0 N _2 ua.. ~g ii.::: sil 1lJ! ~~ irO ~~ 8.,;- ,,- il" ~ II =-0 -- " "<l - " ll-- -e'~ 0. . _!<!~ ,s'" ~~ 02 c w o 0 -<:u .!! " 0... E -- o II uo >' o .., ... ... .., Iii Cl o EXHIBIT A COMMUNITY DEVELOPMENT DEPARTMENT Memo From: Char1ine Long, Senior Management Assistant Judith Atwood, Senior Community Development Specialist 11\ To: Date: 10/9/2000 Re: COSG Funds for Parkway Pool I have received and reviewed your memorandum of October 5, 2000 and have been able to identify $65,000 in CDSG funds for the Parkway Pool. The Salvation Army was awarded $65,000 for fiscal year 2000-01 for a CIP project, however, are now unable to utilize the funds. The remaining CDSG funds are allocated to other projects. Your memorandum mentioned that the $65,000 in CDSG funds could be repaid upon the Parks and Recreation Department receiving a $1.5 million state grant. I would like to meet and discuss with you this possibility. If you should have any questions or require further information, please contact me at extension 5036. Cc: Chris Salomone, Director of Community Development Juan P. Arroyo, Housing Manager /~' 1- EXHIBIT B ... 0 I 0 0 .. .. .. CO CO ... >- ... .:l .., 0 CO q .. .. ;; ... ... ~ w C >- 0 ... -; ; '" ...... $! '" ... CO CO . ~ .. ... w q .. l; ~ - 3:tf CO CO en .2 >- N 0):iS- ~ (3)l; - .., - 0 <> 0 .. .. <> 0 0 N .... Q >- '" 0: ~ <l: .... " ~ '" .... 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H 1U '~ .. :g ~~..s::~=o s.ae-2u5 :3 2." a. ~ .... ..s::1U."ClSfc "Oa.~9 ~ o9u"'~:: a.v.I~coo u ego 0 c "E .2.- ~ Q.. u u v.I U U Q) > > ClS." 1-0 1U ~ 15 'S ~ :::l ..c: E~oc'";j~ 013o.E~~ ::~::::~9~ ~~~eoo~ .S ~ ~ Q..E 0:' S ~..c:::::....S;...: ~~~vi~~ ""O-i:l=..:>o:co ~2og..:~ t- gbc:o ~ 00 -.; e.5 ~3 ,5 'Y. bO 1-0 ,_ v.I ~ ;j~~~c~ fS~Vi8"'C :Z o ~ u u: ;:: tIl ::> .., .~] .." c- ._ 0. ." E :'2 0 '" " " -OJ> "." :! a ~N 0.8 e", H t ~~ > " 1l" ~"E "'" " " E-s i3 e o .- ." e c 'So o " .- J> 1:) 0 " - - - ~ ~ o ~ " .- ." e a .g ~ " g E .- ~ 1<l e " 0 ."u '~~ ~o '" ~ - " ~ ~ " " " E~ '';:: e ~t:N ].58 " c '" ..... ,- 1-0 " .. " .~.8 a "295- <--g-s .:.;:;...,. "." " ~U-S ..s::-fic: 0.. v.I'_ Ci z ::; ::> Q w B ." " " C " -s " 1<l .5 .5 U ] o U " -s - .s E " " c o . " ~ " !.! " .- a i: e " " ~ .58 E 0. ." }3 a 5~ - " 8..g ]-5 " 1<l ..0. "'" 'i;1'C; ._ 0. ~ e " 0 1;;; c " .- " E .- :-= i: ~ !l ~'";j ~ a = ~ -Y - ~c - 0 " " ~ .g .....c <: It: ... ,:: u w u. u. w Iii Cl EXHffiIT C (3 of 4 I" . I' I . . .' . . . . . I I I I I I I .... ~ UJ Q := <~ ....Cl !2~ >Q. :s~ ~~ O::!! u..!!;! 00 ~g: 0:= - .... ~ ii: ~ ~ .:; UI ...J ~ o UI :c u m ~ ...J :S l- i!!: -l! .. 0.. ~ .c o 0: . :l c o Ii > o j ~ 00 r- c M "60 ~ .. 0.. ~ o z ... o ~ 0.. . ~ C o .~ ~ ] -l! 11 ~ S "" ~ o ~ .~ :g 0.. ~ Z UI ::E Ii: <( 0.. UI o ~ <( Z j ... I~ z ::> Iii 2 ...J ::E I- 0 ;:: u 000000' ~ ~ ""l fo4 ~ .. Cf g <> .. ~ .0 <0 <0 <0 .0 "" "" "" ~ "" ~ ... <> <> .. > II. ... Cf .. <> <> .. ~ Ii! UI ~ <( ::E I- U UI .., ~ ... .. Cf ~ <> ~ ~ q <> <> <> .. > II. ~a: 2:1 ...J<(> ;!:ii!!z o"'~ 1-~i2 ... ~ ~u i ! o ~ '" I- U...J ~;! 00 ~I- ,;; UI < :IE ;:: m UI I- m o U <0 0' (:) 0 0 "" "" "" "" "" <0 <0 <0 0, 0 "" ~ (,jilt "" "" 00.000 "" "" fA "" "" 000 .... .... 0 on ... .... 8 8 o on vl'r-: r- .... .... a a ~ 8 ~ Nv\'r--:' r- .... .... .... ~ 'S; 8! c >- ,g ill -Vi ." g>~ 'le ~ 5: ~ .,..: N l5 tl c .E: .2> on :ll 8 00 M ~ ~ c 'E ~ c o 8 Q) ~ 5 g <ri I- ,;; UI u a: ~ o m Cl z (3 in ~ ~I~ " ~ 000 ..OJ B " 0 .. il' ,,<n all 11 ~ o ~ . 0: "-;:- .....5..2 B >. ~ ~~-g u 0 > o V 0 il' 0 e. <n.c E 0-'- _ c ~ E~..2 "il'1l ~ ~ - .~ u u l1~g :l ~ ~ ~ c .. 0 fi u ~ ~11~ .J:E:: -",~il' ~ il' " 0.. " ~~J! o "-- D:: u-C; ~.c~ gi-"'CI :; . a o ~_ " il' w ~..8. o oo~ ooc~ ".- .s"8~ -g ~ :i " ,.,- 0-0 a:2~ 0..0 =e"'B g.!!! " ~Cii-g -;0 -= "'0 ~-;;; :i ---. C "'0 o C .. .c .. 0 t--fia: z o ;:: ... ii! u m lU o / D- <6 -50 " - ._ 0. il' 0 o w 0. :s.... .. 0 0. .. .~1 "0 .2,-5 " ,., -5.0 'oil C w o " .- ~ .. .- 2= " .. 01: - 0 ~~ o " . -u; ~ c 0 o ._ ,,- " " e 0._ '!l" .. .c ,,- 0.8 ;; c .c .- c~ .g'ol " 1: 1J:.c 11 OJ o 0. 0: ~ ~ ~ 0_ OJ- ! ~ ...- ... ~ ~.o 0-5 -5:2 ooil' c ... ~t: ~ c .; -c; u ~~ ~ a >. 2""Cl:": ~ C .. ~ .." z o ~ u u:: ;:: m ~ .., .,; ... " a a. .!!! ~ " 0" " C o " o w .5 c .2 tl " 1: w c o " .. .1; .5 " 00 .;;; " " bO C ." " " c '00 " o S2 8 g " o ~ ... o (; z ::; ~ o UI :c u m .: ... 1i " 0" u u <5 o .... o ;: ~ ~ a. ... ~ ~ " ~ :0 l!i " o .c ~ il' .5 ;E S o e 'C :a ;;; 11 ... " " .:! ti lU II. II. UI I- UI Cl o ~ .. EXHIBIT C (4 of 4 f-'iKl-.l"1t"'~ ll'-ll- .c:>oc:.>.;p-r.;>..~ PARKWAY FOOL RENOV ATJON (PRZZ6) Surfuee Mea (square feel): Perim...... (Ii....". ii:el): Depth. (feel): Volume (gallon.): TlImova (gallons per minute): DESCIUPTJON "._ . .... , .... ~~ UJ. ,_" .", ~. , "00' .'" .'... .... DEMOUllON Deek Removal &. Dh-pos:ll Return gullcr Demo & Mi"" RcnlOW: c.'<istinll pI:Is1cr Surge Pit Demo DEMO. TOTAL: ROUGH MECHANICAL T~"'I piping 1 replace as TCquircd ROUGH MECH. TOTAL: ROVGH ELF.cTRICAL GfCI OullelS (WP) ROUGH ELECT. TOTAL: STRUCTURES Replace Pool decking New Surge Pit New storm SCW~r in d~kjng INfRASTRUCTURE TOTAL: T1LE &: coPING &: PLASTER '"'" W:J.rning Markers " Dcplh Markers ~ Edge coping &: water line lile ---.... Collom Marks -- P1a~lcr --... L"\DC Lines CERAMIC TILE. TOTAL: DECK EQUIPMENT -- Grab Rails ell: Steps . -Hand Rail - Anchor SockelS ........E....'Utchron P1a~ DECK EQUIPMENT. TOTAL: FINISH El.ECTIlICAL " New Undc,w'lIcr LighL< "" MisccUal1<."OUs Wiring FINISH ELECTRICAL. TOTAL: 'C.'~< .....-r. ___ ~. ....... CI1""'''-C." 7311.J.on .JIO.tlC! 1/12.5 I91I.5IM) 830 PHASE 1 PHASE 2 #".~._.... c;~,_.., _~~~!'~:'H"" <J.mll.oo SF UKI L<; 12,000.00 $17 1.00 LS I,nn LS .J.!K) EA 9.(,00,00 SF 100,m. SF 500,00 LF 16.00 fA 16.00 EA .J20.00 LF 60.0n SF 12.000.00 SF 6.00 EA 6.110 PR 1.00 EA 30.110 fA 7.00 PR 15.00 F.A L'Kl LS Arch, pac, In&< 1 /o-q 4,00 ".OOO.IM' 1.00 3.000.00 20.nml.OO -,IXI,(M. 8.00 200.00 20,00 5".IK) SO.OO 1".00 14.00 3.0\) 1.41KI,OO UKJO.IK) 1I00JIO 80.00 30.00 l..JllO."l 2,llOl),OO 12.000.00 11.0lMJ.00 n.oo 0.00 L200.00 1,21N1.00 o,oe 1I1K1.OIl 81KI,(Kl 5.lSS0.IKl !l40.l1O 36.001l.01l. 1l.411O.oo . -- ,-.......-.. 5I;no.OO . r.,IIOl),OO lIIlO.00 1.4(KI.OO 1'''.00 9.410.00 11.000.00 2.000.00 CI.OOO.OO:p . ?:;>/~Cr) . .l8..JllO.OO 4JKIO.00 3.000.llO . ... -..--" 45,400.00 20.000,00 10,000.00 0:00 76.l!OO.00 20.000.00 10.000.00 106,800jjCJ 0.00 "'0'.00 0.00 EXHffiIT D (1 of 3) HI""t'-r:" r-l-'tL. """1'- .0<(.0 .::1"1'"0 .-='"f''=' ~~.~~(~ ~J~~. r~~~ PARKWAY POOL RENOV ATlON (PIU26) l>'llMMAllY OF COSTS: OEMOUllON ROUOH MECHANlCI\L ROUGH ELECTRICAL STRUC11JRES CERAMIC TILE DECK EQUIPMENT FlNISlI ELECTRICAL TOTAL HARD COSTS OVERflEAD 10"/0 PROFIT AT 10% BONDS &: INSURANCE AT 2".4 CONTINGENCY AT 15% TOTAL: GRAND TOTAL: A~P~ II'U>. 2 /o~/O 12,000.00 0.00 1,200.00 0.00 52,720.00 ( 9,410.00 ..A'(~~:. .~~OC)():oo.. 77,330.00: 7.733.00 &,506.30 1)171.39 14.316.10 109.756.79 <...... v..... CA 45,400.00 20,000.00 0.00 106.,800.00 0.00 0.00 0.00 . ......... ..... l'72.2eo.OO 17,220.00 I &.942.00 4,167.24 31,879.39 . .... .. ..... ......~. ... 244.408.63 ..........,-"..............y.... 109.756.79 354.165.41 ~- -:'Y (11lfP ,n:. u' EXHIBIT D (2 of: r4RCH PAC lNt.,.: o"bfO :::14.::1 ....J::l<+:::I ~~...~~~~ ~I~~~ ~.~~ I , ~~ - ~\, t e l~~5' e ~ l! ~ ~ ~ ow : ~ ~ ~ e ... ).1. ~.. ..~ ft -( ( ~ I~ t. !. , .. ~ /' ~ b .r_ , . i. ...... .- . ,. I_II /' -" ~li e!l~ ,,- _. ! ~I ..:; Ii: t:.\.'i1 - -~ ... ~ I.' - I 'lC1' I~ " I ~ I _. t!-.J.l I }.-- I a ....i Ii" "; - I , .. ~ I , ~ -- \--- ~-- I ,-- ;! . I. ~ I. _ ~ d r~ ~ , P ;'l I'} -- 4' ,~ '" J : ~-!l .. ~ " ~ .... .... ~ e~ ) 'I~ j~ . ,. . + .. I- It) I~- I. Ji: K ~ ~ . . .. ! DOlI. ') . . . I . . ~ .. .... I e3I + I"" ~ A\ :1 ..+.. It 'lC1' I I ~ ~ Ii ~ .. . o:wi · I... 0 . . . i~ . . ~ ~bP= _I - . .... - i. :L - =r f ~ " .. ~ ~ !'- { ~n ! - "e ~e ~ ~t.... .. ti i ~ - e ~ e i .. ~ ......~ - ~ - .. n I) .. ot..:: D r ~ ~ u u u j jtJ-1/ EXHffiIT D (3 ofc Cbla VIs.. PARKWAY POOL RENOVATION (pR226) 814100 SurfBce Area (square teet): 7304 Perimeter (linear feet): 420 Depths (feet): 2/12.5 Volume (gallons): 298,500 Turnover (gallons per minute): 830.00 DESCRIPTION #I UNIT COST EXTENSION DEMOLITION Deck Removal 8< Diposal 9,600 SF 4.00 38,400.00 Outter Demo 1 LS 4,000.00 4,000.00 Existing Plaster 10,000 SF 1.00 10,000.00 Roof of Surge Pit 1 LS 3,000.00 3,000.00 Miscellaneous Demolition 1 LS 500.00 . 500.00 SUBlOTAL- DEMOLmoN 55,900.00 ROUGH MECHANICAL Test Piping to Remain 1 LS 10,000.00 10,000.00 New 8< Replaced Piping 1 LS 10,000.00 10,000.00 SUBTOTAL- ROUGH MECHANICAL 20,000.00 ROUGH ELECfRJCAL J-Boxes 10 EA 200.00 2,000.00 Bonding 500 LF 1.00 500.00 GF1Iweatherproofoutlets 4 EA 500.00 2,000.ll2.__.~.. SUBlOTAL- ROUGH ELECTRICAL 4,500.00 STRUCTURES 2'000.~ Balch fur Surge Pit wi ladder 1 EA 2,000.00 New Surge Pit roof 200 SF 40.00 ___._18~~~-? New Storm Sewer in. Decking 500 LF 20.00 SUBTOTAL-STRUCTURES 20,000.00 CONCRETE DECKING Replace Pool Decking 9,600 SF 8.00 ----1.6,8<<;JO.~ SUBTOTAL- CONCRETE DECKING 76,800. ArcJr,Pao; I~ z /0 -/rr EXHIBIT E (1 of3; DESCRIPTION # UNIT COST ~... VIolo EXTENSION nLE & COPING ~Edge Coping & Waterline TIle ---Warning Morl<ers _ Depth Markers --;-Plaater Pool Shell -Lane Lines & 4'-6" line & steps ----- Inlet Surrounds SUBlOTAL-11LE & COPING DECK EQUIPMENT ~ Rails wi ladder rungs --.starting Block Stanchions ~dRails ....... Life Guard Chair - Rope Anchors '-Waterpolo goal anchors """'- Stanchions wi poles -Anchor Sockets __ Escutcheon Plates SUBTOTAL- DECK EQUIPMENT POOL FITTINGS Floor Inlet Covers Outler Inlet Fittings SUBTOTAL- POOL FITI1NGS MECHANICAL EQUIl'MENT Water Level Sensor & Well Misc. Butterfly Valves Butterfly Float Valve SUBTOTAL- MECHANICAL EQUIPMENT FINISH MECHANICAL Sanitary & Storm Sewer Connect. SUBTOTAL- FINISH MECHANICAL FINISH ELECTRICAL ,New Electrical Sub-Panel New Couduits ~ New Underwater Lights (complete) "New Underwater Lights (replace) Security Lights ~ Lighting Contactor Deck Lights 'Miscellaneons Wiring SUBTOTAL- FINISH ELECTRICAL WATERPROOFING Surge pit waterproofing SUBTOTAL- WATERPROOFING 420 LF 32 EA 32 EA 10,000 SF 7 EA 40 SF 6 PR 7 EA 3 EA 3 EA 20 EA 4 EA g EA 30 EA 30 EA 54 EA 36 EA I EA 2 EA I EA 1 LS 1 EA 2,000 LF 2 EA 25 EA 4 EA 1 EA g EA I LS 1,000 SF Ig.00 50.00 50.00 3.50 1,400.00 14.00 1,200.00 200.00 800.00 2,000.00 200.00 200.00 700.00 SO.OO 30.00 30.00 120.00 1,500.00 1,200.00 1,500.00 2,000.00 1,500.00 3.50 1,500.00 1,000;00 1,000.00 1,000.00 2,500.00 500.00 2.50 ArckPa4 Ina 2 7,560.00 1,600.00 1,600;00 35,000.00 9,890.00 564?,00 56,120.00 7,200.00..........-.........--- 1,400.00~ 2,400.00 ~ 6,000.00 ~ 4,000.00 .,......- 800.00 /. 5,600.00/ 2,400.00/ --,~...- / 1, _~._~_~~~0.. 5,940.~~'~'/ 7 ~ e> 1,500.00 2,400.00 .~._!!.~Q!l,f!I>_..~ 5,400.00 . 7 2,000.00 =).~ IP ~~.~...,..c~...,.,..~.~r 2,000.00 ~. 1,500.00 ____ 7,000. ()()-\./"" 3,000.00 :::::::---: 25,000.00" ~. 4,000.00 c../" 1,000.00 ~/ 20,000.00 ~ 500.00 ...,.....~-,,~--._~., ..... .- "..-,,=,~~--.-.~ 62,000.00 __ 2,500:00_.~ 2,500.00 ,,' II) ~ IS EXHIDIT E (2 of 3 SUMMARY OF COSTS: DEMOLITION ROUGH MECHANICAL ROUGH ELECTRICAL STRUCTURES CONCRETB DECKING TILE 8< COPING DECK EQUIPMENT POOL FfITlNOS MECHANICAL EQUIPMENT FINlSH MECHANICAL FINISH ELECTRICAL W ATIlRPROOFINO TOFAL HARD COSTS CONTRAC1OR OVERHEAD AT 15% CONTRAC1OR PROFIT AT 15% BONDS 8< INSURANCE AT 2% CONTINGENCY AT 15% GRAND TOTAL C 1/ /{".J 7 J,'-t;.h-" H.- /A-':.,{-rlle-f,,,J- tPv6-~ An:Jt" paq I nee 3 55,900.00 20,000.00 4,500.00 20,000.00 76,800.00 56,pO.00 30;700.00 5,940.00 5,400.00' 2,000.00 62,000.00 . 2,500.00 341,868.00 J 51,279.00 ~ 58,970.85'........ _____ 9,042.20 ~ ~ 69,172.81.V C S~l!.r3:z4.8S ~J V- 31.2, 'I:1{ /U" '7,;1'.1" I()~/'f a"da ViIlll EXHIBIT E (3 00) PARKWAY POOL RENOVATION ESTIMATE NO.1 ESTIMATE NO.2 JAN. 24, 2000 AUG. 4, 2000 DIFFERENCE DEMOLmON DEMOUTlON Deck Removal & Disposal $38,400.00 Deck Removal & Disposal $38,400.00 $0.00 Return Gutter Demo & Mise. $4,000.00 Gutter Demo $4,000.00 $0.00 Remove existing plaster Remove existing plaster (12,000 sq It) $12.000.00 (10,000 sq It) $111,000.00 -$2,000.00 Surge ptt Demo $3,000.00 Roof of Surge Pit $3;000.00 $0.00 Miscellaneous Demolition $500.00 $500.00 Demo Total $57,400.00 $55,900.00 -$1,500.00 ROUGH MECHANiCAL ROUGH MECHANICAL Test piping/replace as required $20,000.00 Test Piping to Remain $10,000.00 -$10,000.00 New & Replace Piping $10,000.00 $10,000.00 Rough Mechanical Total $20,000.00 $20,000.00 $0.00 ROUGH ELECTRICAL ROUGH ELECTRICAL GFCI Outlets (WP) $1,200.00 J-Boxes $2,000.00 $800.00 Bonding $500.00 $500.00 GFI Weatherproof outlets $2,000.00 $2,000.00 Rough Electrical Total $1,200.00 $4,500.00 $3,300.00 STRUCTURES STRUCTURES Replace Pool Decking $76,800.00 Replace Pool Decking $76,BOO.00 $0.00 New Surge ptt $20,000.00 New Surge Pit Roof $8,000.00 -$12,000.00 New Storm Sewer in decking $10,000.00 New Storm Sewer in Decking $10,000.00 $0.00 Hatch for Surge Pit w/ladder $2,000.00 $?,OOO.OO $106,800.00 $96,800.00 -$10,000.00 TILE & COPING & PLASTER TILE & COPING & PLASTER Edge Coping & Water Line TII $5.880.00 Edge Coping & Waterline TIle $7,560.00 $1,680.00 Warning Markers (16) $800.00 Warning Markers (32) $I,BOO.OO $800.00 Depth Markers (16) $800.00 Depth Markers (32) $1,600.00 $800.00 Plaster (12,000 sq It) $36.000.00 Plaster Pool Shell (10,000 sq $35,000.00 -$1,000.00 lane Lines (6) $8,400.00 lane Lines (7) & 4'-6" line & $9,800.00 $1,400.00 Bottom Marks (60 sq It) $840.00 Inlet Surrounds (40 sq It) $560.00 -$280.00 Tile & Coping & Plaster Total $52,720.00 $56,120.00 $3,400.00 DECK EQUIPMENT DECK EQUIPMENT Grab Rails & Steps (6 pr) $6,000.00 Grab Rails wnadder rungs (6 $7,200.00 $1,200.00 Hand Rails (1) $800.00 Hand Rails (3) $2,400.00 $1,BOO.OO Anchor Sockets (30) $2,400.00 Anchor Sockets (30) $2,400.00 $0.00 Escutcheon Plates (7 pr) $210.00 Escutheon Plates (30 00) $900.00 $690.00 Starting Block Stanchions (7) $1,400.00 $1,400.00 Life Guard Chair (3) $6,000.00 $6,000.00 Rope Anchors (20) $4,000.00 $4,000.00 Waterpolo Goal Anchors (4) $800.00 $800.00 Stanchions w/poles (8) $5,BOO.00 $5,600.00 Deck Equipment Total $9,410.00 $30,700.00 $21,290.00 /0-,;5 EXHIBIT F (1 0[2 FiNISH ELECTRICAL FINISH ELECTRICAL New UndelW3ter Lights $0.00 New Underwater Lights (Com $3,000.00 $3,000.00 Miscellaneous Wiring $2,000.00 Miscellaneous Wiring $500.00 -$1,500.00 New Conduits $7,000.00 $7,000.00 . New Electrical Sub-Panel $1,500.00 $1,500.00 New Underwater Lights (rep! $25,000.00 $25,000.00 Security Lights $4,000.00 $4,000.00 Lighting Contaclor $1,000.00 $1,000.00 Deck Lights $20,000.00 $20,000.00 Finish Electrical Total $2,000.00 $62,000.00 $60,000.00 . POOL FITTINGS POOL FITTINGS $0.00 Floor Inlet Covers $1,620.00 $1,620.00 Gutter Inlet Fillings $4,320.00 $4,320.00 Pool FJllings Total $0.00 $5,940.00 $5,940.00 MECHANICAL EQUIPMENT MECHANICAL EQUIPMENT $0.00 Water Level Sensor & Well $1,500.00 $1,500.00 Misc. Butterfly Valves $2,400.00 $2,400.00 Butterfly Float Valve $1,500.00 . $1,500.00 Mechanical Equipment Total $0.00 $5,400.00 $5,400.00 FINISH MECHANICAL FINISH MECHANICAL Sanitary & Storm Sewer $0.00 Connection $2,000.00 $2,000.00 Finish Mechanical Total $0.00 $2,000.00 $2,000.00 WATERPROOFING WATERPROOFtNG Surge pit waterproofing $2,500.00 $2,500.00 Waterproofing Total $0.00 $2,500.00 $2,500.00 SUMMARY OF COSTS $249,530.00 $341,860.00 $92,330.00 OVERHEAD 10% $24,953.00 OVERHEAD 15% $51,279.00 $26,326.00 PROFIT 10% $27,448.30 PROFIT 15% $58,970.85 $31,522.55 BONDS & INSURANCE 2% $6,038.63 BONDS & INSURANCE 2% $9,042.20 $3,003.57 CONTINGENCY 15% $46,195.49 CONTINGENCY 15% $69,172.81 $22,977.32 OVERHEAD & ETC TOTAL $104,635.42 $188,464.86 $83,829.44 TOTAL COSTS $354,165.42 $530,324.86 $176,159.44 /~~/b EXHIBIT F (2 of RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE CAPITAL IMPROVEMENT PROGRAM BUDGET BY APPROPRIATING $65,000 FROM AVAILABLE CDBG FUNDS AND TRANSFERRING $177,957 FROM PAD FUNDS PREVIOUSLY APPROPRIATED FOR CIP PROJECTS PR213 , PR224, PR226, AND PR227 FOR THE RENOVATION OF THE PARKWAY POOL WHEREAS, as part of the CIP Parkway Pool Renovation Project, Council approved funds for the renovation of Parkway Pool in June, 2000; and WHEREAS, the plans have been finalized and have exceeded the original budget by $242,957; and WHEREAS, in order to bring the swimming pool up to standards, the decking and underwater lighting need to be replaced; and WHEREAS, CIP PR223 was approved for a total of $392,021 from the following: CDBG funds - $217,431; PAD funds - $7,500; PR226 transfer - $15,400; and a State Grant - $151,690; and WHEREAS, a current estimate identifying an additional $242,957 project; and of $634,978 has been received as needed to complete the WHEREAS, a window of opportunity exists between December 1, 2000 and March 1, 2001, when the pool is closed, for completion of this proj ect. NOW, THEREFORE, BE IT RESOLVED the City council of the City of Chula vista does hereby amend the Capital Improvement Program budget by appropriating $65,000 from the available CDBG funds and transferring $177,957 from PAD funds previously appropriated for CIP Projects PR213, PR224, PR226 and PR227 for the renovation of Parkway Pool. Presented by Approved as to form by A;::' (/ M. Kaheny ~ Attorney Andy Campbell, Director of Parks & Recreation [H:\HOME\ATTORNEY\RESO\ Parkway Pool Renovation (October 16, 2000 (10:52am)] /0 ~ /1 COUNCIL AGENDA STATEMENT Item Meeting Date 10/24/00 ITEM TITLE: Resolution Accepting bids and awarding contract for the "Drainage Improvements, Tobias Drive Phase 1, Between Orlando Court and Gentry Way, in the City of Chula Vista, CA (DR-127)" project to Pullman Engineering, Inc., in the amount of $229,426.93. SUBMITTED BY: Director of Public Works,~j~ REVIEWED BY: City Manager ~ ~ (4/5ths Vote: Yes No X At 2:00 p.m. on Wednesday, September 20, 2000, the Director of Public Works received sealed bids for the "Drainage Improvements, Tobias Drive Phase 1, Between Orlando Court and Gentry Way, in the City of Chula Vista, CA (DR-127)" project. This project provides for the construction of new drainage system improvements at Tobias Drive between Orlando Court and Gentry Way. The work also includes all labor, material, equipment, transportation, protection of existing improvements and traffic control necessary for the project. RECOMMENDATION: That Council accept bids and award the contract for the "Drainage improvements, Tobias Drive Phase 1, Between Orlando Court and Gentry Way, in the City of Chula Vista, CA (DR-127)" project to Pullman Engineering, Inc. of San Diego, California, in the amount of $229,426.93. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: General This project provides £or the construction of new drainage system improvements at Tobias Drive between Orlando Court and Gentry Way. The existing unimproved earthen channel to the east of Tobias Drive is eroding and temporary bank stabilization has been installed. The proposed construction of a Portland Cement Concrete (PCC) trapezoidal channel to replace the existing earthen channel would eliminate the erosion that currently exists and will enhance the flow characteristics of the channel. Proposed improvements downstream to the west of the new PCC channel include a concrete box culvert and dual 36-inch storm drain pipes. These improvements shall convey the runoff across Tobias Drive which currently experiences flooding during perio'ds of rainfall. The runoff shall ultimately outlet from the proposed improvements into an existing earthen channel. l/r/ Page 2, Item Meeting Date 10/24/00 The general scope of the project involves the construction of drainage facilities which includes a reinforced concrete box culvert, a concrete lined trapezoidal channel, dual 36-inch storm drain pipes, reconstruction of the existing pavement, installation of asphalt concrete berm and driveways, replacement of sewer manhole ring and cover, installation of storm drain cleanout and inlets, and general excavation and grading on Tobias Drive between Palomar Street and Oxford Street in the City of Chula Vista, California. The work also includes all labor, materials, equipment, transportation, protection of existing improvements and traffic control necessary for the project and other work necessary to render the new improvements complete and workable. Bidding Process Engineering staff prepared plans and specifications and advertised the project. Staff received and opened bids for the project on September 20, 2000. Bids were received from ten (10) contractors to perform the work as follows (listed in order of base bid amount): Contractor Base Bid Amount Pullman Engineering, Inc. $229,426.93 New Century Construction, Inc. $246,145.00 MJC Construction $259,560.00 Tiger Equipment $272,794.25 Scheidel Contracting $286,690.00 Southern California Underground Construction $287,425.00 Heffier Company, Inc. $293,149.80 Orion Construction $293,827.00 Mesa Construction $369,479.00 PJA, Inc. dba Kay Construction Co. $457,140.00 Staff received excellent bids for the proposed project. The low bid submitted by Pullman Engineering, Inc. is below the Engineer's estimate of $317,600.00 by $88,173.07 or approximately 27.8%. Staff's bid estimate was based on average prices for similar type work completed during the last three years. While staff has seen a recent trend with bids coming in below the estimate, it is unclear as to the eventual impact on our prices. Pullman Engineering, Inc. has performed work for the City of Chula Vista in the past, and their performance has been satisfactory. Engineering staff checked the references provided by the contractor. All references were verified and their work has been satisfactory. Their Contractor's License No. 770533 is clear and current. Staff has reviewed the low bid and is recommending awarding the contract to Pullman Engineering, Inc. of San Diego, California, in the amount of $229,426.93. Page 3, Item Meeting Date 10/24/00 Disadvantaged Business Enterprise Goal The bid documents set forth participation requirements per Federal Regulation for meeting the disadvantaged and women-owned business goals. Judith Atwood, Community Development Specialist with the City of Chula Vista, has reviewed the bid documents submitted by the three lowest bidders. Her conclusion is that the lowest bidder, Pullman Engineering, Inc., meets the Minority and Women Business Enterprise (MBE/WBE) goals (See Attachment "A"). Staff also reviewed Pullman Engineering, Inc. eligibility status with regard to federal procurement programs. Pullman Engineering, Inc. is not listed as excluded from Federal Procurement Programs (list of parties excluded from Federal procurement of non-procurement programs as of April 5, 1998). Disclosure Statement Attachment "B" is a copy of the contractor's Disclosure Statement. Prevailing Wage Statement The source of funding for this project is Community Development Block Grant Funds (CDBG). Based on the current project funding guidelines, the Contractor is obligated to meet the prevailing wage requirements which were included as part of the bid documents for this project. Prevailing wage scales are those determined by the Federal Department of Labor. Environmental Status A Negative Declaration (IS-99-04) pursuant to California Environmental Quality Act (CEQA) requirements was prepared by the Environmental Review Coordinator. Based on the findings ofiS- 99-04, the project will not have a significant adverse effect on the environment and wildlife resources as defined in Section 711.2 of the Fish and Game Code. A Filing of Notice of determination in compliance with Sec 21108 or 21152 of the Public Resources Code was filed and recorded with the Office of the County Clerk, San Diego. Financial Statement FUNDS REQUIRED FOR CONSTRUCTION A. Contract Amount (Pullman Engineering, Inc.) $229,426.93 B. Contingencies (20%) $ 45,900.00 C. Utility Relocation $ 21,000.00 D. Staff Costs (Desi[~n, Inspection) $ 40,000.00 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $336,326.93 Page 4, Item Meeting Date 10/24/00 FUNDS AVAILABLE FOR CONSTRUCTION A. CDBG $265,235.93 B. Storm Drain Fee $ 71,091.00 TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $336,326.93 The above action of awarding the contract will authorize a total expenditure of $336,326.93 from the budgeted CIP project. After construction, only routine City maintenance will be required. Attachments A - Letter from Judith Atwood B - Contractor's Disclosure Statement H:\HOME~ENGINEER\AGENDA\DR 127 A 113.get.doc Memo To: Ben Herrera, Assistant Engineer Il, Design Section From: Judith Atwood, Senior Community Deve opment Specialist [1,~\~ Date: 10/11/00 Re: DBE Review of DR 127 I have reviewed the lowest bid estimate from Pullman Engineering, Inc and have determined that, as the pdme contractor, Pullman Engineering, Inc. has attempted to meet the DBE goals and has submitted the required DBE Certification to the Housing Division for Frank and Sons Paving. If you should have any questions regarding this memorandum, please call me at extension 5036. Page 1 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 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 parmership, 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 trastee or beneficiary or tmstor of the trust. 4. Please identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter? 5. Has any person* associated with this contract had any financial dealings with an official~,~ of the city of Chula Vista as it relates to this contract within the past 12 months. Yes. No '~ ' 48 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? No e__Yes _ If yes, which Council member? 7. Have you or any member of your governing board (i.e. Corporate Board of Directors/Executives, non-profit Board of Directors made comributions totaling more than $1,000 over the past four (4) years to a current member of the Chula Vista City Council? Yes No If Yes, which Council member? 8. Have you provided more than $300 (or an item of equivalent value) to an official** of the City of Chula Vista in the past twelve (12) mon. t~? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes No If Yes, which official** and what was the nature of item provided? signature of Contractor/Applicant Print or type n~ame 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. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE "DRAINGAGE IMPROVEMENTS, TOBIAS DRIVE PHASE 1, BETWEEN ORLANDO COURT AND GENTRY WAY IN THE CITY OF CHULA VISTA, CA (DR-127)" PROJECT TO PULLMAN ENGINEERING, INC. IN THE AMOUNT OF $229,426.93 WHEREAS, at 2:00 p.m. on Wednesday, September 20, 2000, the Director of Public Works received the following ten sealed bids for the "Drainage Improvements, Tobias Drive Phase 1, Between Orlando Court and Gentry Way, in the City of Chula Vista, CA DR-127)" project: Contractor Base Bid Amount Pullman Engineering, Inc. $229,426.93 New Century Construction, Inc. $246,145.00 MJC Construction $259,560.00 Tiger Equipment $272,794.25 Scheidel Contracting $286,690.00 Southern California Underground Construction $287,425.00 Heftier Company, Inc. $293,149.80 Orion Construction $293,827.00 Mesa Construction $369,479.00 PJA, Inc. dba Kay Construction Co. $457,140.00 WHEREAS, the low bid submitted by Pullman Engineering, Inc. is below the Engineer's estimate of $317,600.00 by $88,173.07 or approximately 27.8%; and WHEREAS, Pullman Engineering, Inc. has performed work for the City of Chula Vista in the past, and their performance has been satisfactory; and WHEREAS, staff has reviewed the low bid and is recommending awarding the contract to Pullman Engineering, Inc. of San Diego, California, in the amount of $229,426.93. WHEREAS, the bid documents set forth participation requirements per Federal Regulation for meeting the disadvantaged and women-owned business goals and staff has reviewed the bid documents submitted by the three lowest bidders and concluded that the lowest bidder, Pullman Engineering, Inc., meets the Minority and Women Business Enterprise (MBE/WBE) goals; and WHEREAS, a Negative Declaration (IS-99-04) pursuant to California Environmental Quality Act (CEQA) requirements was prepared by the Environmental Review Coordinator and based on the findings of IS-99-04, the project will not have a significant adverse effect on the environment and wildlife resources as defined in Section 711.2 of the Fish and Game Code and a Filing of Notice of determination in compliance with Sec 21108 or 21152 of the Public Resources Code was filed and recorded with the Office of the County Clerk, San Diego. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby accept bids and award the contract for the ~Drainage Improvements, Tobias Drive Phase 1, between Orlando Court and Gentry Way, in the City of Chula Vista, CA. (DR-127)" project to Pullman Engineering, Inc. in the amount of $229,426.93. 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 J~nn M./~ak~ny Director of Public Works City Attorney [H:~HOME\ATTORNEYkRESO\ Drainage Improvements Tobias drive (October 16, 2000 (11:33~M)] 2 COUNCIL AGENDA STATEMENT Item: Meeting Date: 10/24/00 ITEM TITLE: Resolution approving the first amendment to the agreement with Mr. Frank Chaboudy for provision of professional tennis services and for operation of~he Chula Vista Tennis Center to modify the responsibility of certain costs and appropriating funds from unanticipated revenues and available fund balance in the General Fnnd to cover all electrical charges for the Tennis Center for the remainder of the agreement. SUBMITTED BY: Director of Parks and Recreation ~ REVIEWED BY: City Manager~ t~/ (4/5ths Vote: Yes X No--) The Chula Vista Tennis Center has been operated by a tennis professional, Mr. Frank Chaboudy, since November of 1985, under a series of agreements with the City. A first amendment to the agreement with Mr. Chaboudy has been prepared to more equitably address escalating electrical costs associated with the operation of the Center. STAFF RECOMMENDATION: That the Council approve the Resolution: 1. Reimbursing Mr. Chaboudy for increased electricity costs incurred from June 1, 2000 through September 30, 2000; and 2. Shifting responsibility for future electrical costs and collection of associated off-setting revenue from Mr. Chaboudy to the City; and 3. Appropriating funds to cover the electrical costs associated with the operation of the Tennis Center. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The City constructed a tennis facility on the campus of Southwestern College in 1970, under an agreement with the Sweetwater Junior College District. Following completion of the project, the City opened and began to operate the Chula Vista Tennis Center at Southwestern College in late 1971, in conjunction with a 30 year joint powers agreement with the College District that delineated respective rights for use of the facility. The Tennis Center has been managed through contractual agreements with tennis professionals since the facility opened. Mr. Frank Chaboudy has operated the Tennis Center since November of 1985, with his most recent agreement with the City being approved by Council in August of 1998. Mr. Chaboudy has successfully operated the Center for 15 years and has kept it financially solvent and programmatically sound during this time. Mr. Chaboudy is responsible for all expenses related to the day-to-day operations of the Tennis Center. These expenses include utilities (gas, electric, telephone, water) and all expenses incurred in maintaining the tennis courts, including replacement of tennis nets. Additional expenditures include insurance, dues, furniture, advertising and promotion, mileage, office supplies and instructional materials. These expenses are offset by revenue generated by Mr. Chaboudy through the collection of fees for instructional programs, tournaments and other specialized programs. Up until approximately ten years ago, the City paid all electricity expenses associated with the operation of the Tennis Center and collected corresponding, offsetting revenue from coin- operated light meters on the four, night-lighted tennis courts. However, at that time an agreement was worked out between Mr. Chaboudy and the City whereby the responsibility for electricity expenses and the authority to collect the corresponding, offsetting revenue fi.om the light meters was shifted from the City to Mr. Chaboudy. The main benefit of this arrangement for the City was that staff time normally associated with the collection of the light meter revenue was reallocated to more critical areas. At that time, and for the subsequent period of time up to the present, revenue realized from the light meters equaled the electrical expenses being incurred. However, the recent developments in the utility industry have caused electrical expenses to substantially exceed revenue. Mr. Chaboudy now bears an unfair burden of these costs, as the vast majority of night-time usage of the Tennis Center lights is by the general public and not by programs supervised by Mr. Chaboudy. Mr. Chaboudy is, in effect, in the position of subsidizing this night-time use of the lights by the general public. It is proposed that Mr. Chaboudy be reimbursed for these additional costs incurred from June 1, 2000 through September 30, 2000 (approximately $300) and that responsibility for electric expenses and collection of offsetting revenue shift from Mr. Chaboudy to the City as of October 1, 2000 through the remainder of the agreement. FICAL IMPACT: In addition to the approximately $300 necessary to reimburse Mr. Chaboudy, staff projects that electrical expenses for the remaining nine months of the current fiscal year (the duration of the agreement) will approximate $3,150, while offsetting revenue from the coin-operated light meters will approximate $2,025, resulting in a net total cost to the City of $1,725. It is proposed that a total of $3,750 be appropriated based on $2,025 in unanticipated revenues and $1,725 from the available fund balance in the General Fund to Parks Division expense account 16783 to cover the cost of the electrical expense. Attachments: Amendment Original Resolution Original Agreement RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE AGREEMENT WITH FRANK CHABOUDY FOR PROVISION OF PROFESSIONAL TENNIS SERVICES AND FOR OPERATION OF THE CHULA VISTA TENNIS CENTER TO MODIFY THE RESPONSIBILITY FOR CERTAIN COSTS AND APPROPRIATING FUNDS FROM UNANTICIPATED REVENUES AND AVAILABLE FUND BALANCE IN THE GENERAL FUND TO COVER ALL ELECTRICAL CHARGES FOR THE TENNIS CENTER FOR THE REMAINDER OF THE AGREEMENT WHEREAS, the Chula Vista Tennis Center has been operated by a tennis professional, Frank Chaboudy, since November, 1985, under an agreement with the City; and WHEREAS, recent developments in the utility industry have caused electrical expenses to substantially exceed revenue and Mr. Chaboudy now bears an unfair burden of these costs; and WHEREAS, as the vast majority of night-time usage of the Tennis Center lights is by the general public and not by programs supervised by Mr. Chaboudy, it is proposed that Mr. Chaboudy be reimbursed for these additional costs incurred from June 1, 2000 through September 30, 2000 (approximately $600) and that responsibility for electric expenses and collection of offsetting revenue shift from Mr. Chaboudy to the City as of October 1, 2000 through the remainder of the Agreement. NOW, THEREFORE, BE IT RESOLVED that' the City Council of the City of Chula Vista does hereby approve the First Amendment to the Agreement with Frank Chaboudy for Professional Tennis Services and for Opera~ion of the Chula Vista Tennis Center to modify the responsibility for certain costs, a copy of which is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City ~f - - Chula Vista is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. BE IT ~URTHER RESOLVED that the amount of $3,750 be appropriated based on $2,025 in unanticipated revenues and $1,725 from the available fund balance in the General Fund to Parks Division Account 16783 to cover the cost of the electrical expenses. Presented by Approved as to form by Andy Campbell, Director ~K~ahe~y~~'~ of Parks and Recreation H:\home\attorney~reso~tennis pro AMENDMENT TO The Agreement Between the City of Chula Vista and Frank Chaboudy for Tennis Services and Permit for Use of the Chula Vista Tennis Center Recitals This Amendment is entered into effective as of October 24, 2000, by and between the City of Chuta Vista ("City") and Frank Chaboudy, Tennis Professional ("Professional") with reference to the following facts: WHEREAS, City and Professional previously entered into an agreement whereby Professional provides tennis instruction and complex management for the Chula Vista Tennis Center; and WHEREAS, the parties now desire to amend the Agreement to provide reimbursement for certain expenses and to transfer responsibility for collection of certain fees and payment of certain expenses; NOW, THEREFORE, in consideration of the recitals and the mutual obligation of the parties set forth herein, the City and Professional agree as follows: 1. Section m, B, Responsibility for Utilities, is hereby amended as follows: B. The Professional shall pay all charges for ga~,~.~...~..~'~ '";~":^~......~, telephone service, and court washing expense necessary to carry on the operations of the tennis complex unless otherwise specified in the permit. 2. Section HI, entitled Financial Matters, is hereby amended to add: C. The City shall pay all gas and electrical charges of the tennis complex. D. City agrees to pay to Professional, as a one time expense, the sum of Two Hundred Seventy Seven dollars ($ 277.00) for reimbursement of increased electrical costs due to industry deregulation. These increased costs are related to night use of coin-metered lights by the general public unrelated to instruction and services provided by Professional, and cover the period of June 1 through September 30, 2000. 3. Section 1V of the original Agreement, entitled Consideration for Professional, is hereby amended as follows: A. All professional fees and revenues from the sales and/or repair of tennis equipment fees collected at the Tennis Complex shall be the exclusive property of the Professional. These fees shall be based upon a posted fee rate and must be consistent with those charges being made at other facilities within San Diego County. Any change in these charges will be made only upon prior approval of the Director of Public Works. 4. Section V, B, 4, entitled, Duties of ProfessionaI, Maintenance and Operation of Tennis Complex, Light Coin-Meters, is deleted. SIGNATURE PAGE TO AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND FRANK CHABOUDY FOR TENNIS SERVICES AND PERMIT FOR USE OF THE CHULA VISTA TENNIS CENTER City of Chula Vista Tennis Professional By. F~ra~h~a~~_ Shirley Horton, Mayor Date ATTEST: City Clerk Approved in form by: City Attorney RESOLUTION NO. 19123 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE BIDDING PROCESS, AND APPROVING AN AGREEMENT WITH FRANK CHABOUDY FOR PROVISION OF PROFESSIONAL TENNIS SERVICES AND FOR OPERATION OF THE CHULA VISTA TENNIS CENTER, AND AUTHORIZING MAYOR TO EXECUTE SAME WHEREAS, the Chula Vista Tennis Center has been operated by a tennis professional, Frank Chaboudy, since November, 1985, under an agreement with the City; and WHEREAS, based on the history of this program and because of the nature of the services provided by Mr. Chaboudy, advertising for bids would be impractical; and WHEREAS, a new agreement has been prepared to continue his professional tennis services for an additional 3-1/2 years until November of 2001 with an option to continue services during the period of contract negotiations between the City and Southwestern Community College. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby waive the bidding process and approve an Agreement with Frank Chaboudy for Professional Tennis Service and for Operation of the Chul~ Vista Tennis Center, a copy of which is on rite in the office of the City Clerk as Document No: C098-120. 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 of Chula Vista. Presented by Approved as to form by David J. P(a~er John M. Kaheny Library Director City Attorney AoR~M~NT FOR TE~IS SERVICES A~ PERMIT FOR USE OF THE C~A VISTA TENNIS CENTER THIS AGREEMENT, made and entered into in the City of Chula Vista, California, this O3~,~. ~ \q~ by and between the CiTY OF CHULA VISTA, a municipal corporation, hereinafter referred to as "CITY", and FPJkNK CHA_BOUDY, Tennis Professional, hereinafter referred to as "PROFESSIONAL"; ~N~SS~T.~. WHEREAS, the City is the owner of four tennis courts ("Courts") and a small ancillary structure currently housing a pro shcp, lounge, restrooms ("Pro Shop") located at the Southwestern Community College campus in the City of Chula Vista (the courts and Pro Shop and related ancillary grounds, including the parking shall herein be referred to as "Tennis Complex" or "Complex"); and, WHEREAS, City desires that the general public, and in parsicular the residents of the City of Chula Vista, should have a good quality of municipally provided tennis facilities and services; and, WHEREAS, Professional represents and warrants that he is able to provide nennis instruction and complex management and maintenance according to the terms of this agreement; NOW, T~RmrOR~, in consideranion of the premises and upon the terms and' conditions contained herein, the City and the Professional agree as follows: !. License to Occupy and Use. For the Term of this Agreement, City hereby grants a revocable license to Professional to occupy and use the Tennis Complex for the purposes cf permitting the public to learn, enjoy and play the spot% of tennis, and in the manner herein specified: ii. TERM A. The nominal term of this agreement, subject to special termination or extension as herein below provided, shall be for forty-one (41) months beginning on June 8, 1998, and ending at m ..... ght on November 2, 2001 ("Nominal Term") B. Special Extension. Notwinhstanding the preceding subsection, City and Professional upon mutual written agreement may exzend the nominal term of this Agreement so that the Professional ma'.- continue oDera:ions az 5he Tennis Como!ex as specified herein ! during the time that contract negotiations by City and Southwestern Community College for use of the site are occurring. C. Special Termination. Notwithstanding subsection A, and in addition to the other remedies provided by City within the terms of this agreement, City shall have the right, upon thirty (30) days notice to the Professional to cancel this agreement if, in the opinion of the City Manager, the operations conducted by Professional are unsatisfactory and, after Professional has been granted t~irty (30) days to correct same, they have not been corrected. In the event of such cancellation, the replacement Professional obtained by the City shall purchase f~om Professional his non-returnable inventory of merchandise for sale at Professional's cost and his equipment at its fair market value. In the event of disagreement on values, the City Manager shall establish a value which shall be binding upon the parties to this agreement. D. Definition: Term. As used herein, "Term" shall refer to the period of time during which this agreement is actually in effect which shall be the Nominal Term unless specially terminated as herein provided. E. At the conclusion of the Term of this agreement, the City reserves the right to solicit and advertise for new proposals to operate and manage the tennis facilities. F. Upon the expiration of the agreement, the Professional shall be expected to put the premises in as good a condition as at the beginning of said contract, ordinary wear and tear excepted. G. During the last thirty (30) days of the Term of this agreement, or within thirty (30) days of any cancellation or o5her expira5ion, Professional shall remove at his own expense his own furniture, furnishings, equipment and fixtures. Should Professional fail to remove said items within said thirty (30) day period, he shall lose all rights, title and interest in said items, and Ci5y may elect to keep same upon the premises or ~o sell, remove or demolish them. In the event of such sale, removal or demolition, Professional shall reimburse City for any cost in excess of any consideration received by City as a result of said sale, removal or demolition. III. FINANCIAL MATTERS A. Accounting Matters. 1. The Professional shall keep adequate books and records, make all tax returns and pay all taxes required in connection therewith in his own name. Such books and records shall be the property of [he Professional but shall be open to the inspection of the City by and through its City Manager or other 2 duly authorized agent at reasonable times during business hours. The Professional shall be required to maintain a method of accounting of all the receipts and disbursements received of'made by said Professional from the operation of said concession. 2. The bookkeeping records installed and maintained by the Professional shall be approved as to form by the City and shall permit the preparation of statements of profit and loss and balance sheet. The Professional shall submit to the City, on a semi-annual basis, a financial statement indicating all profits, losses, and balances of the operation of said Tennis Center~ The City may inspect and audit books and accounts and records of the Professional at all times. B. Responsibility for Utilities. The Professional shall pay all charges for gas, electrical utilities, telephone service, and court washing expense necessary to carry on the operations of the tennis complex u~less otherwise specified in the permit. IV. CONSIDERATION FOR PROFESSIONAL. As consideration for the sei-vices rendered by the Professional and the services of all additional employees, it is expressly understood and agreed by the parties hereto that the Professional may retain the following revenue charged according to the provisions of this Agreement: 1. Ail revenues from tennis lessons. 2. Ail revenues from nhe sale and/or repair of tennis equipment. A. Ail fees collected at the Tennis Complex shall be the exclusive property of the Professional. These fees shall be based upon a posted fee rate and must be c6nsistent with those charges being made at other facilities within San Diego County. Any change in these charges will be made only upon prior approval of the Director of Public Works. V. DUTIES OF THE PROFESSIONAL A. Operation of Pro Shop. 1. Supplies and Equipment. The Professional shall at his discretion keep and maintain for sale an inventory of supplies and equipment in keeping with the demand of the Tennis Complex and shall keep these items at prices recommended by the manufacturers of said merchandise. The Professional shall operate all concessions as an independent 3 contractor. He shall purchase and pay for all materials and merchandise used or sold in the operation of said concession in his name, and at his own responsibility, and receive and retain all income derived from the operation as his own and for sole use and benefit. 2. Maintenance of Pro Shop Premises. The Professional shall keep the Pro Shop premises assigned by this agreement in a clean and sanitary condition and free from rubbish at all times and shall ~ssume complete responsibility for janitorial services for said premises. 3. Equipment Servicing. The Professional shall be required to provide all maintenance, repair and service required on all equipment used at the Complex, or sold at the Pro Shop. a. City Equipment. In the event City owned equipment is used, the City shall have the right to prescribe in detail the type and frequency of maintenance and repair to be performed by the Professional. Because of the CiEy's interest in preserving ins equipment and providing clean and sanitary conditions in the event the Professional fails to perform the work prescribed pursuant to the above on City or Professional owned equipment, the City Manager or Director of Public Works shall have the right, after ten (10) days written notice to correct the deficiency, to cause the prescribed work to be performed in an efficient manner and to charge the Professional for the cost thereof. Cost shall be equal to the sum of the cost cf the direct labor and materials necessary to perform the work in an efficient manner plus overhead cost. No equipment provided by the City shall be removed or reD!aced by the Professional withou5 prior written consent of the C~ty Manager and if consent is secured, such removal and/or replacement shall be to the sole cost and expense of the Professional. 4. Furniture and Furnishings. The Professional shall furnish and install at his own expense in the Tennis Pro Shop building, all necessary furniture, furnishings and equipment required in order to render sufficient and adequate service, as determined by the City. Professional further agrees that all furniture, furnishings and equipment will be maintained and kept intact by repair or replacement as required a~ Professional's expense. B. Mainnenance and Operation of Tennis Complex. The Professional shall provide necessary materials and 4 'personnel at his own expense to adequately cover the operation of the Tennis Complex, including specifically the Pro-Shop and four (4) tennis courts, during the operating hours hereafter referred to. 1. Courts. Professional shall be required to clean the four (4) CityYowned tennis courts daily before 9:00 a.m., cleaning to including picking up of rubbish on~ courts, emptying trash containers, sweeping off excessive dirt from courts; washing of said courts must be on a regular weekly schedule prior to 8:00 a.m., except during drought conditions, in which c~se, they should be washed in accordance with a schedule approved by the Director of Public Works. 2. Nets. The Professional shall maintain and replace all tennis nets. 3. Parking Permits. The Professional shall distribute parking permits for City-owned tennis facilities. Permits shall be provided by the City. 4. Light Coin-Meters. The Professional shall collect al! revenues from City-owned light meSers. 5. Help. The Professional shall employ any and all assistants tha5 may be necessary to carry out the terms and provisions of this agreement and shall pay their salaries and such other and further sums as may be required of them for tax and other purposes. If these assistants collect or handle any money due the City of Chu!a Vista, they shall be approved as provided herein by the C±ty before being employed by 5he Professional. If, for any reason, any of said assistants shall display flagrant misconducs, he/she shall be dismissed at the request of the City Manager. Ssaffing and Hours of Operation. a. Except as may be otherwise provided by the ~ity, the Professional or a similarly qualified assistant shall be presen5 at the Tennis Complex during all hours in which the complex is open to operate, supe=~vise, promote and manage the functions authorized by this agreement. b. The Professional, his agents or employees in sufficient number to handle Tennis Complex activities, shall be on duty daily at the Tennis Complex, Monday through Saturday, weather permitting, from 9:00 a.m. to 5:00 p.m., excluding Sunday and holidays. Provisions shall be made to provide a method in receiving te!eDhone calls while on the court giving lessons. The Pro Shop may be kept open additional hours at the discretion of the Tennis Professional to meet the needs of the public. 5 c. The Professional shall not be absent from the Tennis Complex for an excessive period in any week unless he is representing the City of Chu!a Vista by performing in a tennis tournament. Such attendance must have the consent of the Director of Public Works, except in instances of illness or during vacation periods. 7. Maintenance of a Health-Conscious Environment. Professional shall take such steps as are necessary to create a health-conscious environment at the Tennis Complex. The determination of such steps to take shall be made in the discretion of Professional except that such steps shall include the prohibition against smoking and against the consumption of alcohol and illegal drugs at the Tennis Complex. C. Tennis Lessons. It is agreed that in addition to his other duties hereunder, the Professional shall cause instruction to be given in the game of tennis. Tennis instruction shall be given only to bona fide instructees, with individual lessons confined to one court at a time (exception see Premises). Adult group lessons may be conducted provided prior written approval is obtained from the City both as to the hours during which group lessons may be conducted and ~he location of courts which shall use only one court if five (5) or less persons undertake group lessons and two (2) courts if six (6) or more persons undertake instruction. Fees for such instruction shall be in keeping with accepted custom and practices in the tennis profession. Classes will be completely self-sustain- ing. Ail proceeds will go to the Tennis Professional. 1. Professional shall be entitled to physically occupy one (!) and, with the City's advance consent, possibly two (2) courts at the Tennis Complex for the purpose of providing tennis lessons to members of the public according to the following times, a. The professional may be permitted the use of a second court at the tennis center in accordance with the following conditions: (1) A second teaching court may be used with prior written approval from the Director of Public Works. Times and day must be included in any such request. (2) If the Professional is using a second court at times and days not approved, the following condition for usage must be adhered to: (a) No player may be asked to relinquish ~ ~ ~ court in order to provide additional usage for the Professional to make up canceled lessons. (b) Professional must relinquish, the additional court to waiting players after completion of the lesson in progress or after thirty (30) minutes. D. Tennis Events. 1. The Tennis Professional will also coordinate ar~a-wlQe open tennis tournaments annually, one of which shall be for Chula Vista residents only. 2. The Professional shall coordinate, promote and schedule such tennis events sponsored by, by way of illustration but not limitation, the City of Chula Vista, convention type organizations, and such other recognized organizations as may from time to time re_cs~est scheduling of tennis events. 3. Youth Tennis Program. The Professional shall utilize all four (4) tennis courts at the tennis center Monday-Friday between the hours of 3:30 p.m. and 7:00 p.m.; and Saturday between the hours of 1:00 p.m. and 3:00 p.m. for the Youth Tennis Program. In addition, Professional shall utilize two (2) tennis courts at the center on Sundays between the hours of 1:00 p.m. and 5:00 p.m. for the Youth Tennis Program. Chuta Vista residents shall receive priority over non-residents in this program. 4. Adult Doubles Program. The Professional shall util- ize two (2) tennis courts at the center from 6:30 p.m. to 7:00 p.m., and all four (4) tennis courts from 7:00 p.m. to 8:00 p.m. on Wednesday for an open-enrollment adult doubles program. Chu!a Vista residents shall receive priority over non-residents if par- ticipation reaches maximum levels in this program. 5. Access to Youth Tennis Program. Youth participating in the Junior Tennis Program must maintain an academic grade point a,,a~a~e of at least 2.0. E. Come!ex Promotion. Under the direction of the City, the Professional shall advertise and eromote the Tennis Complex and shall be responsible for such promotional functions. The Director of Public Works or his/her des~n=~__ .... shall approve~_ all promotional material prior to distribution. F. Signage. No signs or advertising matter shall be displayed outside such premises winhoun prior consent of the City. 7 G. City's Inspection Rights. The City shall have the right to enter upon said premises at any and all reasonable times during the term of the permit for the purpose of inspection and observation of the Professional's operations. It is further agreed that the inspections may be made by City employees, or may be made by independent contractors engaged by the City. The City shall have, the right to inspect for the purposes set forth below; however, the enumerations below shall not be construed to limit the City's right of inspection for any purpose incidental to the right of the City Manager: 1. To determine if the terms and conditions of this permit are being complied with. 2. To observe transactions between the Professional and patrons in order to evaluate the quality and quantities of other items sold or dispensed, the courtesy extended to and method of dealing with the public, the performance and caliber of the Professional's employees, and the methods of recording receipts. It is understood that the information gathered on these inspections will be used to evaluate the Professional to provide a basis for any action by the Ciny Manager or Director of Public Works or City for the removal or denial or renewal of this permit. H. Indemnity Provisions. The Professional shall indemnify and hold harmless the City, its officers, employees, or agents from any claims arising from the use of the premises or from the operation of the Tennis Professional Shop. i. Insurance. The Professional shall provide and maintain throughout the berm of this Agreement a policy of general liability and property damage insurance approved by the City Attorney with limits of $300,000 for injury to any one person and any one accident, $500,000 to two or more persons from any one accident or occurrence, and $50,000 for property damage or $500,000 combined single limit and shall also carry a policy for Worker's Compensation Insurance covering any and all employees. Certificates evidencing coverage and a policy endorsement for the general liability policy which names the City of Chula Vista as additional insured shall be filed with the City Clerk, 276 Fourth Avenue, Chula Vista, CA. J. Alterations or Additions. it is further understood and agreed that the Professional ~' ~nt make any alterations or additions to the Pro Shop or to 8 'any equipment belonging to the City without first having the consent of the City to such change or alteration. 1. The Professional shall be fully aware of the material conditions of the Tennis Complex and tennis facilities at all times, and as the conditions dictate, make specific recommendations to ~he City for corrective actions as the City deems necessary. The Professional shall not be held responsible for work performed or lack of same by the City. City's Duties Regarding Professional and Tennis Complex. k. Exterior Pro Shop Maintenance. City agrees to maintain and repair the exterior and related portions of the Pro Shop building, excluding repairs of major proportion which are subject to coverage by Professional's insurance. VI!. Assignability. it is expressly understood and agreed that the Professional may not sign or transfer any of the rights, licenses, or privileges or any part thereof of this agreement without the written consent of the City Council having been obtained. The agreement cannot be assigned involuntarily or by operation or process of law and should the Professional be adjudged bankrupt or become insolvent or make a general assignment for the benefit of his creditors or fail to obtain the release of any levy of attachment or execution upon his payment within ten (10) days after such leery is made, the City may consider such to be a breach of the agreement and may cancel and term.,inate same. [NEXT PAGE IS SIGNATURE PAGE] 9 [S!GNTURE PAGE TO AGREEMENT FOR TENNIS SERVICES AND PERMIT FOR USE OF THE CHULA VISTA TENNIS CENTER] Dated: ~~_, 1998 THE CITY OF CHULA VISTA Mayor of ~he City of Chula Vista ATTEST: Beverly ~uthelet City CleYk Approved as to form by Dated: 7/~ , 1998 TENNIS PROFESSIONAL C"~.~k Chaboudy // ,~ COUNCIL AGENDA STATEMENT Item No /3 Meeting Date 10124100 ITEM TITLE: Resolution Accepting and appropriating unanticipated grant revenues in the amount of $10,000 from the City of National City for the purpose of reimbursing overtime costs associated with the Office of Traffic Safety High Intensity Prevention Zone Grant SUBMITTED BY: Chief of Polic~ REVIEWED BY: City Manager~;)[~ (4/5ths Vote: Yes XX No The City of National City, in partnership with other South Bay Law Enforcement Agencies, recently received a High Intensity Prevention Zone Grant from the Office of Traffic Safety. The Grant allows for reimbursement of overtime costs related to enforcement activity and school presentations made by partner agencies. The City of Chula Vista has been designated as a partner agency eligible for reimbursement of overtime costs. RECOMMENDATION: That the City Council accept and appropriate unanticipated grant revenues in the amount of $10,000 from the City of National City for the purpose of reimbursing overtime costs associated with the Office of Traffic Safety High Intensity Prevention Zone Grant. BOARDS/COMMISSIONS RECOMMENDATIONS: N/A DISCUSSION: The Chula Vista Police Department has been designated as a grant partner in the High Intensity Prevention Zone Grant awarded to the City of National City by the Office of Traffic Safety. The National City Police Department will work with partner agencies in the South Bay region to create a "High Intensity Prevention Zone." The main goal is to combine enforcement, education and public policy development towards reducing alcohol related traffic incidents. This will be accomplished by addressing root causes of drinking and driving incidents in a coordinated fashion through a collaborative, multi-jurisdictional partnership. Working together the five police jurisdictions in the South Bay region will conduct driving under the influence (DUI) and driver license checkpoints, minor decoy Page 2, Item /~ Meeting Date 10/24/00 operations, COPS in Shops and roving DUI patrols. Additionally, enforcement agencies will establish working relationships with schools, public health organizations and other agencies to carry out regional strategies within South Bay communities. The total grant award to the City of National City and South Bay partner law enforcement agencies is $542,824. The South Bay region consists of five separate municipalities including Chula Vista, National City, Coronado, Imperial Beach and a section of the City of San Diego. DUI and other alcohol related enforcement is currently conducted on a department-by-department basis. Overlapping traffic and safety issues related to drinking and driving exists through all five jurisdictions. The project goal is to reduce by 10% the number of reportable, alcohol involved collisions on surface streets in the South Bay region. In order to achieve a reduction, South Bay law enforcement agencies will participate in the following: · Coordinated monthly DUI/DL checkpoints · Multi-agency roving DUI patrols · Minor decoy operations at on-sale and off-sale establishments · COPS in Shops Operations aimed at reducing youth access to alcohol · Community workshops · School programs Program Costs The Chula Vista Police Department will use existing police personnel on an overtime basis to accomplish enforcement operations related to this project. It is anticipated that each agency (Chula Vista, San Diego, Imperial Beach and Coronado) will conduct approximately 19 separate enforcement operations during the course of the project. A mix of personnel from each agency will be combined to execute these enforcement operations. The grant allows for reimbursement for overtime costs related to the enforcement activity and school presentations. FISCAL IMPACT: Acceptance of this grant will provide $10,000 for reimbursement of overtime expenditures associated with enforcement activities of the High Intensity Prevention Zone Grant. All activities will be performed on an overtime basis and will be reimbursed by the City of National City as part of the Office of Traffic Safety High Intensity Prevention Zone Grant. There is no fiscal impact to the General Fund. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ' CHULA VISTA ACCEPTING AND APPROPRIATING UNANTICIPATED GRANT REVENUES IN THE AMOUNT OF $10,000 FROM THE CITY OF NATIONAL CITY FOR THE PURPOSE OF REIMBURSING OVERTIME COSTS ASSOCIATED WITH THE OFFICE OF TRAFFIC SAFETY HIGH INTENSITY PREVENTION ZONE GRANT WHEREAS, the City of National City, in partnership with other South Bay law enfomement agencies, recently received a High Intensity Prevention Zone Grant from the Office of Traffic Safety; and, WHEREAS, the grant allows for reimbursement of overtime costs related to enforcement activity and school presentations made by partner agencies; and, WHEREAS, the City of Chula Vista has been designated as a partner agency eligible for reimbursement of overtime costs; and, WHEREAS, the main goal of the program will be to combine enforcement, education and public policy development towards reducing alcohol related traffic incidents; and, WHEREAS, it is anticipated that each agency (Chula Vista, San Diego, Imperial Beach and Coronado), will conduct approximately 19 separate enforcement operations during the course of the project; and, WHEREAS, a mix of personnel from each agency will be combined to execute these enforcement operations; and, WHEREAS, the grant will allow reimbursement for overtime costs up to $10,000 for the City of Chula Vista; and, NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Chula Vista does hereby accept and appropriate unanticipated grant revenues in the amount of $10.000 from the City of National City for the purpose of reimbursing overtime costs associated with the Office of Traffic Safety High Intensity Prevention Zone Grant. Presented by: Approved as to form by: Richard P. Emerson J,,~ M. Kaheny Police Chief ~ity Attorney COUNCIL AGENDA STATEMENT Item: ~ Meeting Date: 1 4/00 ITEM TITLE: RESOLUTION AMENDING THE FY 00 - 01 BUDGET TO ADD 1.5 POSITIONS TO THE POLICE DEPARTMENT AND 1 POSITION TO THE PLANNING AND BUILDING DEPARTMENT AND APPROPRIATING FULL FUNDING THEREFORE IN THE AMOUNT OF $232,713 FROM UNANTICIPATED REVENUES FROM THE ABANDONED VEHICLE ABATEMENT PROGRAM, ALL CONTINGENT ON PROGRAM APPROVAL BY THE ABANDONED VEHICLE ABATEMENT SERVICE AUTHORITY. SUBMITTED BY: Chief of Police~ Director of Planhing and Building/'~,~'/_~ REVIEWED BY: City Manager(d _~o~" (4/5ths Vote: Yes X No __) At its September meeting the Board members of the Abandoned Vehicle Abatement Service Authority (AVASA) considered a request to redistribute reserve balances among agencies that have deficits in their AVA programs. The decision was postponed to the November meeting to allow the board time to review ali proposals. Based on the AVASA's allocation formula Chula Vista has accumulated a reserve balance. In response, staff has developed a proposal to expand the Chula Vista Abandoned Vehicle Abatement program to expend reserve funds and increase abandoned vehicle abatements. The program is proposed to be an 18-month pilot project. RECOMMENDATION: That Council adopt the resolution amending the FYO0-01 Budget to add 1.5 positions to the Police Department, 1.0 position to the Department of Planning and Building, and appropriating $232,713 from unanticipated revenue from the Abandoned Vehicle Abatement Program, all contingent on the program expansion being approved by the Abandoned Vehicle Abatement Service Authority. BOARDS/COMMISSIONS RECOMMENDATION: N/A Page 2, Item Meeting Date 10/24/00 BACKGROUND At its September meeting the Abandoned Vehicle Abatement Service Authority (AVASA), board considered a request to redistribute reserve balances among agencies that have deficits in their AVA programs. The decision was postponed to the November meeting to allow the Board time to review all proposals. Based on the AVASA's allocation formula Chula Vista has accumulated a reserve balance. In response staff has developed a proposal to expand the Chula Vista Abandoned Vehicle Abatement program in an effort to expend reserve funds and increase abandoned vehicle abatements. The program is proposed to be an 18- month pilot project. The Abandoned Vehicle Abatement Service Authority (AVASA) provides for an organized program for the abatement of abandoned vehicles. AVASA bases the distribution of funds on a formula of 50% on city population and 50% on the number of vehicles abated. The application of this formula has allowed the City of Chula Vista to build a reserve balance despite full cost recovery of the existing program. The AVASA reimburses cities only for direct costs associated with the AVA program. Currently, the Department has one Community Service Officer (CSO) responsible for vehicle abatement. The CSO is responsible for managing the referral hotline and processing abatements for Planning and Building and Police. Private abatement is done as a collateral duty of Code Enforcement Officers and existing staff provides clerical support. In FY 99 - 00 AVA revenues totaled $114,099. compared with $86,442 in direct program costs. Last year the program was responsible for 4,446 vehicles or parts abated. Vehicle/Parts Abated FY 99 - 00 1400 1200 1000 800 · Private/Public Property 600 I; Streets Right of Way 400 200 0 1st Qtr 2nd Qtr 3rd Qtr 4th Qtr DISCUSSION The City of Chula Vista has a reserve balance in excess of $260,000 with the AVASA, This balance is a result of a change in the formula used to distribute funds to local agencies. The City has the opportunity to use the reserve funds for the expansion of the AVA program with no net fiscal impact. The reserve funds 2:- PAGE 3, Item Meeting Date 10-24-00 can be used for the salaries and benefits of the additional personnel as well as for equipment for AVA related personnel. The funds may not be used for other programs. The Police Department has worked closely with Planning and Building to develop an 18-month pilot project to reduce the number of abandoned vehicles in the City. The project would entail an educational and public awareness campaign as well as additional staff to target abandoned vehicle abatement. Proposed staff additions are as follows: a Community Service Officer and part-time clerical support for the Police Department and a Code Enforcement Officer for Planning and Building to address both pubic and private abatements. The Code Enforcement Officer will enable the Planning and Building Department to remove inoperative/abandoned vehicles on private property. Currently, the Department responds to public complaints only. The addition of staff would allow the department to work with the Police Department to take a more proactive approach. The pilot project will be a targeted approach to abandoned vehicle abatement, during the 18-month period the department will educate the public thereby reducing the number of abandoned vehicles. It is anticipated that at the end of the 18-month period the reserve funds will be depleted. At that time staff will downsize the program to a level equal to workload and funding available from the authority. Personnel will be hired for the 18-month period allowing the department the flexibility to downscale the program as needed. The AVASA board will consider reallocation of reserve balances at the November meeting. All agencies with reserve balances have been requested to submit an expenditure plan. Staff recommends Council approval of the 18-month pilot project contingent upon AVASA approval. FISCAL IMPACT The Department is proposing using AVA reserve funds for the initial costs of expanding the AVA program. Staff anticipates that the reserve balance coupled with the increase in quarterly allocations will be sufficient to offset AVA program expenditures for an 18-month period. The addition of staff will result in no net impact. The equipment will be designated as one-time purchases with no replacements. Once reserve funds are depleted, staff will scale back the program to insure no impact on the General Fund. Although approval by the AVASA is anticipated, if approval is not received, the proposed actions will not become effective. Page 4, Item Meeting Date 10/24/00 SUMMARY Personnel Code Enforcement Officer II $69,856 $139,712 Community Service Officer $48,489 $96,978 Administrative Office Assistant $23,515 $47,030 SUBTOTAL - Personnel $141,860 $283,720 Equipment 2 Vehicles $40,000 Maintenance/fuel $2,000 $6,668 2 Mobile Data Computers $24,000 2 Personal Computer $6,000 2 Laptop Computers and cases $6,260 Printer and Scanner $1,133 Digital Camera $400 2 Work Stations $4,000 3 Chairs $1,000 3 Cellular Phones and Service $1,060 $500 Police Radio System $3,000 Promotional/Educational Material $2,000 $1,500 SUBTOTAL - Equipment $90,853 $8,668 TOTAL - Program Augmentation $232,713 $292,388 Current Program Cost $149,758 $149,758 AVA Program Cost $382,471 $442,146 Reserve Balance $180,449 $86,092 Estimated Reimbursement $202,022 $356,054 TOTAL Program Revenue $382,471 $442,146 NET GENERAL FUND COST $0 $0 /¥-¥ RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FY 00 - 01 BUDGET TO ADD 1.5 POSITIONS TO THE POLICE DEPARTMENT AND 1 POSITION TO THE PLANNING AND BUILDING DEPARTMENT AND APPROPRIATING FULL FUNDING THEREFORE IN THE AMOUNT OF $232,713 FROM UNANTICIPATED REVENUES FROM THE ABANDONED VEHICLE ABATEMENT PROGRAM, ALL CONTINGENT ON PROGRAM APPROVAL BY THE ABANDONED VEHICLE ABATEMENT SERVICE AUTHORITY. WHEREAS, staff was informed that the City has a reserve balance with the Abandoned Vehicle Abatement Service Authority and that AVASA is considering a proposal to redistribute reserve funds to agencies with AVA program deficits; and, WHEREAS, a proposed 18-month pilot program has been developed to target abandoned vehicle abatement; and, WHEREAS, the pilot program will allow the City to draw down funds from the AVASA reserve fund and increase proactive enforcement; and, WHEREAS, the Fiscal Year 2000 -2001 budget will be amended to add 1.5 positions to the Police Department and 1 position to the Planning and Building Department and appropriating full funding therefore in the amount of $232,713 from unanticipated revenues from the abandoned vehicle abatement program, all contingent on program approval by the abandoned vehicle abatement service authority; and, WHEREAS, the Fiscal Year 2000 - 2001 Police revenues will be amended to add $252,471 in unanticipated revenues from Abandoned Vehicle Abatement; and, WHEREAS, the pilot project will be scaled back at the end of the 18- month period to insure no net impact to the General Fund; and, NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby amend the FY 00-01 to add 1.5 positions to the Police Department and 1 position to the Planning and Building Department and appropriating full funding therefore in the amount of $232,713 from unanticipated revenues from the abandoned vehicle abatement program, all contingent on program approval by the abandoned vehicle abatement service authority. Presented by: Approved as to form by: Richard P. Emerson Jo~M. Kaheny ~ Police Chief ~i~y Attorney ~ COUNCIL AGENDA STATEMENT ITEM MEETING DATE October 24~ 2000 ITEM TITLE: Resolution Amending the CVEA MOU, Article 2.06 to Establish a Two-hour Overtime Minimum for Callback and establish Beginning and Ending Points for the Calculation of Overtime; and amending Article 2.09 to Increase the Standby Differential to $200 per full week of standby. Director of Hun~an Resource~f.-~ SUBMITTED BY: City Manager ~ o,~ (4/5th Vote: Yes X No._) REVIEWED BY: _ SUMMARY: It has come to light that there has been some con.sion and resulting inconsistent practice with respect to overtime for CVEA-represented employees, The recommended modifications to the CVEA MOU should clarify and formalize the correct interpretation of that section. RECOMMENDATION: Approve the Resolution amending the CVEA MOU, Article 2.06, setting the minimum number of hours eligible for payment of overtime as a result of a "callback"; and establishing start and stop points for overtime calculation; and Article 2.09, increasing the Standby Differential to $200 per full week assigned standby duties. BOARD/COMMISSION RECOMMENDATION: N/A DISCUSSION: With respect to Overtime, the CVEA MOU, Article 2.06 OVERTIME, states: "Whenever an employee is ordered to work more than 40 hours in a work week, they shall be granted overtime pay at the rate of 1 ~ times their FLSA 'Regular Rate 'for all time worked in excess of the 40 hours." The MOU is silent with respect to the minimum number of hours guaranteed, while the Civil Service Rules provide for a minimum of three hours. The result has been inconsistent application. A further confusion and inconsistent practice is the point at which pay commences and ends. In some cases it has been "home", in others, "the worksite" and still others a combination of the two. In an effort to create consistent practices, the following is recommended: · Establish two (2) as the minimum number of hours of overtime received as the result of a callback. · Designate as starting and stopping points for the calculation of overtime hours as: ° Starting time for recording overtime hours is the earliest of the following: The place the employee reports to on a routine basis; i.e. the Corporation Yard, a Fire Station, the Animal Shelter. The actual worksite. Wherever the employee is directed to report. ° The stopping point for the calculation of overtime will be the latest off The place the employee routinely ends their work day, as described above. The actual worksite. A location directed by the supervisor. · The Callback Bonus of $50 will remain the same. A second issue impacting a relatively small percentage of CVEA employees is Standby pay. Article 2.09 of the MOU defines Standby as: "that period of time assigned by the appointing authority in addition to the employee's normal work week during which time the employee must leave word with a designated individual where he or she can be reached in case a callback is necessary. Employees on standby shall be compensated at the rate of $95 in additional pay for each full week during which they are assigned to standby." The $95 differential has not been adjusted in the past ten years and is currently inadequate when viewed in light of the restrictions (available for callback at any time, no alcohol consumption, etc.) placed on an employee for that week. It is therefore proposed that the differential be increased to $200 per full week assigned to standby. The aforementioned recommendations are supported by the CVEA Board and are consistent with the instructions to Negotiators given by the City Council. FISCAL IMPACT: The impact of the proposed changes is minimal and will be absorbed by the departments. It is anticipated that the two-hour minimum and clarified start/stop work times will result in no additional fiscal impact. With no more than four employees on standby each week, the cost of this amendment should not exceed $25,000 per year citywide. ARTICLE 2.05 MILEAGE REIMBURSEMENT Employees shall be subject to the City=s Mileage Reimbursement Program when required to use their personal vehicle for authorized City business. The reimbursement rate will be tied to the current maximum IRS rate. ARTICLE 2.06 WORK WEEK I. The work week is a fixed and regular recurring period of 168 consecutive hours, 7 consecutive 24 hour periods. The usual work week in the City begins at 12:01 a.m. on Friday morning and ends at 12:01 a.m. the following Friday morning. A. Communication Operators Lunch Break - Communication Operators who work a 10-hour shift will be on call during their lunch hour. As such, they shall eat lunch in the Communication Center at a designated table in the center, or in the lunch/break room in the Police Department. ARTICLE 2.06 OVERTIME I. Definition - Whenever an employee is ordered to work more than 40 hours in a work week they shall be granted overtime pay at the rate of 1-1/2 times their Fair Labor Standards Act (FLSA) "Regular Rate", compensatory time off at 1-1/2 times the extra hours worked, or upon employee request and with the approval of his/her supervisor and Department Head, the employee may take off the number of overtime hours worked on a straight-time basis within the same work week. Such overtime work shall be only at the direction of and first approved by the employee's immediate supervisor. Payment for overtime shall be made during the pay period wherein the overtime was earned. A record of compensatory overtime earned and utilized shall be maintained on the biweekly pay records. Compensatory overtime shall not be accrued to an employee's credit for any time in excess of 65 hours. Reimbursement for overtime with time off or pay will be at the option of the supervisor and the department head based on the employee's request while recognizing the overall departmental staffing requirements. "Time Worked" - Includes all paid hours including sick leave, leaves during which Workers' Compensation is paid, vacation time, holidays or any other time away from the job that is paid. CVEA MOU FY 98-01 Page 12 II. Administration of Overtime - All time worked in addition to the work week with the exception of insignificant amounts of "hours worked" will be counted toward the 40 hour work week. Insignificant amounts of hours worked is defined as any time worked outside the regular schedule that is less than 15 minutes in a day, unless definition is changed in Federal Regulations or by court action. III. Meal Break - When employees are required to work over four hours overtime, they shall be granted a 2 hour unpaid meal break. IV. Minimum Hours - Employees shall receive a minimum of (2) two hours as a result of a callback. V. Beginning and Ending points for the calculation of overtime hours as: Starting time for recording overtime hours is the earliest of the following: · The place the employee reports to on a routine basis; i.e., the Corporation Yard, a Fire Station, the Animal Shelter. · The actual worksite. · Wherever the employee is directed to report. Stopping times for the calculation of overtime will be the latest of: · The place the employee routinely ends their workday, as described above. · The actual worksite. · A location directed by the supervisor. ARTICLE 2.08 CALLBACK Whenever employees are called back to work after they have left their work site and are required to return to work before the scheduled start of the next shift, they will receive a bonus of $50.00 in addition to actual overtime worked. However, the callback bonus will only apply when the employee has not been notified of the date and time of the callback prior to leaving the worksite. ARTICLE 2.09 STANDBY I. Definition - Standby duty is defined as that period of time assigned by the appointing authority in addition to the employee's normal work week during which time the employee must leave word with a designated individual where he or she can be reached in case a callback is necessary, Hours spent on standby will not be considered hours worked. Employees assigned to standby duty are subject to the provisions of Section 2.07. II. Standby pay - Employees on standby shall be compensated at the rate of ~ $200.00 in additional pay for each full work week dudng which they are assigned to standby. Such employees are bound by the City's substance abuse policy. CVEA MOU FY 98-01 Page 13 RESOLUTION NO. RESOLUTION OF THE CITY COUlqCIL OF THE CITY OF CHULA VISTA AMENDING THE CVEA MOU, ARTICLE 2.06 TO ESTABLISH A TWO-HOUR OVERTIME MINIMUM FOR CALLBACK AND ESTABLISH BEGINNING AND ENDING POINTS FOR THE CALCULATION OF OVERTIME; A_ND AMENDING ARTICLE 2.09 TO INCREASE THE ST~2~DBY DIFFERENTIAL TO $200 PER FULL WEEK OF STANDBY WHEREAS, it has come to light that there has been some confusion and resulting inconsistent practice with respect to overtime for CVEA-represented employees; and WHEREAS, in an effort to create consistent practices, it is recommended that Article 2.06 of the CVEA MOU be amended to set the minimum number of hours eligible for payment of overtime as a result of a ~callback" and establish start and stop points for overtime calculation; and Article 2.09 be amended to increase the Standby Differential to $200 per full week of assigned standby duties. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby amend the CVEA MOU, Article 2.06 to establish a two-hour overtime minimum for callback and establish beginning and ending points for the calculation of overtime; and amending Article 2.09 to increase the standby differential to $200 per full week of standby. Presented by Approved as to form by Candy Emerson /~o~ M. Kaheny f Director of Human Resources~ty Attorney [H :\H OME~ORNEY\RESO/CVEA MOU Amend (October 13, 2000 (2:23pm)] COUNCIL AGENDA STATEMENT Item Meeting Date October 24~ 2000 ITEM TITLE: Resolution Appropriating $20,385 fi.om the Available Fund Balance in the Public Facilities DIF Fund, $16,075 in Over-Realized Interest Revenue from the Financing Escrow Account, and $38,540 from the Available Fund Balance in the General Fund for the Library Automation System Capital Improvement Program (CIP) project SUBMITTED BY: Deputy City Manager Palmer REVIEWED BY: City Manager ~.~ (4/5ths Vote: X No ) As part of the FY1998-99 CIP budget adoption, the City Council approved the initial funding for the Library Automation System, to replace the Library's old, labor intensive, computerized catalog, acquisition, cataloging, and circulation system with a client server based, fully integrated-online-library-system (IOLS). On December 7, 1999, Council approved an agreement with Innovative Interfaces to provide the IOLS and also authorized the Finance Director to execute a lease-purchase agreement with CaLease for $777,148. Due to increases in the cost of the project, an additional $75,000 is needed to complete installation. The new system is targeted to come online on October 31, 2000. RECOMMENDATION: That the City Council adopt the resolution to appropriate $20,385from the Available Fund Balance in the Public Facilities DIF Fund, $16,075 in Over- Realized Interest Revenue from the Financing Escrow Account, and $38,540 from the Available Fund Balance in the General Fund for the Library Automation System Capital Improvement Program (CIP) project. BOARDS/COMMISSION: Not applicable. DISCUSSION: As a result of the rapid changes and development in the computer and related automation industry, and to provide better services to the public, it is necessary to request that an additional $75,000 be added to the Library Automation CIP to fully install and make functional the Library Automation Project. The project's original 10% contingency fund, or $83,942, was used primarily to meet the increases in the cost of hardware, unanticipated upgrade of memory for the new public access computers, Internet filtering, networked printing, computer reservations for the public, and provide new system connectivity to the Eastlake branch, which is explained below. Additional funds are now needed for remote access to Library databases, public computer workstation configurations, additional memory for the Circulation computers, privacy screens at public Intemet workstations at the South Chula Vista Library branch, sales tax on the IOLS software system, and a contingency for items that may be needed once the system is activated on October 31. Page 2, Item __ Meeting Date October 24~ 2000 BACKGROUND In the implementation of the Library's automation project over the past 10 months, technological changes have required new versions of hardware and software and additional hardware that had not been anticipated. In addition, these technological changes have allowed the Library to improve the final product to the public. These changes have resulted in: ~ An Interact filtering product available for children that lets parents make the choice for their own child, and meets the requirements of pending legislation for receiving Federal library funds )~ A user-friendly, networked printing system for the public ~ A system that allows users to reserve a library computer in advance ~ T-1 connectivity with EastLake that will allow the branch to have full use of the new automated system, which was not previously possible Changes that need to be made and that make up part of the $75,000 request are: ~ Public access to automated library catalog, and databases ~ Faster service to the public at the materials checkout areas ~ Privacy for members of the public using the public Interact workstations How a Maiority of the Existing Contingency Funds Have Been Spent Additional Hardware a~d Upgraded Computer Memory The cost of memory, necessary to upgrade the existing computers, and the memory requirements for the new computers cost much more than originally budgeted. This, along with some hardware specification changes, resulting in a cost increase of $15,000. Three barcode duplicators were purchased, at a cost of $7,000, to save staff time on issuing replacement barcodes on library materials. Finally, $8,000 was spent to purchase a new system printer when it was determined that the existing 12-year-old system printer was not compatible with the new software system. Funds Used: $30,000 Internet Filtering The library currently has Interact access for children, but only with parental permission in the adult area and with staff monitoring the child's access. This method is labor intensive and is intrusive into the child's privacy. The library technology industry has been quickly developing "safe" ways for children to use the Internet. One such method is "filtering." Filtering is the use of a commercial product to presumably screen out questionable websites that many viewers fmd offensive, such as pornographic sites. While a somewhat useful tool, it is not foolproof. Nevertheless, filtering is being used by schools, and is currently in proposed Federal legislation which mandates that all libraries have filtering on children's computers in order to receive E-rate discoants and Library Services and Technology Act funds (Chula Vista receives both). In anticipation of this or similar legislation passing, the library has made a concerted effort to find an Internet filtering product that gives parents, not the library, the ultimate say in their child's Internet use. Page 3, Item __ Meeting Date October 24~ 2000 The library has addressed this issue by developing a user-friendly yet cutting edge system of Internet access for the public. Any patron may have full or filtered Internet access from any computer terminal in the library system. Full Internet access for children requires a one-time signature by the parent, but it may be changed at anytime with ease. Through the use of a server, an online filtering provider, locally specified filtering parameters, and use of barcode readers, a child or adult may sit down at a computer, swipe their card through a barcode reader, and have instant personally customized access to the Intemet. Cotmcil was previously informed about the Library's Internet Access Policy in an Information Item dated May 22, 2000, which is attached. Funds Used: $26,100 Networked Printing With over 110 public computers in the Library system, it is not practical, affordable, or necessary for each computer to have its own printer. The library has designed a networked printing solution for the public that uses system-wide software, barcode readers, and debit cards. This method lets the patron independently choose an item on the computer to print, swipe their barcode, and pickup their copy at a printing station by inserting a debit card. Funds Used: $15,380 Computer Reservations for the Public Currently the public is able to reserve a library computer through a primitive paper/pencil method done through a single service point in each branch library. Staff monitors the time a person uses the computer by watching a clock. This is necessary so the next reservation may be honored. This system is very labor intensive. The library will be using a new software program that allows the patron or staff to reserve a computer online with the swipe of a barcode, and then electronically monitors'the time the user is on the computer. This system makes the reserving and monitoring the use of computers an independent process with minimal staff intervention. Funds Used: $4,000 EastLake Connectivity When the EastLake Branch was brought into the Library system in 1993, the library provided the best connectivity to the catalog and circulation system it could- a 56K dataline. However, this dataline cannot handle the new, more powerful IOLS. This 56K dataline has now been replaced with a T-1 line that provides the necessary bandwidth to connect EastLake to the new system. Funds Used: $1,400 How the $75,000 Request Will Be Used Remote Access for Patrons The Library now wishes to complete the final stages of IOLS implementation, including the installation of hardware that will allow patrons to access Library paid subscription databases from home, school or office. These databases include English and Spanish language encyclopedias, online indices and full text magazines, health journals and books, company and business analysis, and specialized biographical information. Additional funds are necessary to Page 4, Item __ Meeting Date October 24, 2000 complete the hardware set-up that will provide "authentication," the feature which says a remote user (the Chula Vista Library card holder), has permission to access the subscription based databases on the Internet from any computer, regardless of location. Additional Funds Needed: $23,520 Workstation Configuration and Contingency An additional $2,100 is needed to reconfigure the CPU holders for the public computers due to the configuration of the new computer furniture and workstations. A contingency of $2,500 is requested to allow for any refinements that may be needed once the system is up and running. Additional Funds Needed: $4,600 Additional Memory for Circulation's Computers As discussed above, all Library computers were configured with the minimum 128K of RAM needed to mn the new IOLS system. However, staff recently discovered that the new check-out function is running at a slower speed than the current system. Therefore, in order to rectify this unacceptable situation for the public, it is necessary to upgrade the RAM in 20 computers at Circulation to 256k. A similar situation occurred with the installation of the City's GIS system, when staff discovered that computers running the GIS system were very slow. Additional RAM was then purchased in order to more effectively use the system. Additional Funds Needed: $3,340 Privacy Screens for Public Internet Computers Traditional use of the public library has been through printed material- books and magazines. Doing research with a book created a one-on-one relationship between patron and information medium. This meant the library user could confidentially research their medical condition, start a business, or perhaps prepare a will. However, in the past 5 years the world of information has become increasingly available via computers. Use of a public library computer workstation challenges the ability of the library to provide privacy for the patron using the computer and the ability of the passerby not to have TV-type images jumping off the screen. After much investigation and consideration, the Library determined that the use of commercially produced privacy screens, fitted onto individual computer monitors, provided patrons with the best measure of privacy. As a result, the use of privacy screens was included in the Library's Intemet Access Policy. Originally, the Library proposed that privacy screens be used only at the Civic Center Branch with other methods being used in the computer lab at South Chula Vista Branch. Since that original decision, the Library has concluded privacy screens are a more effective method than staff monitoring. The library will purchase 11 more privacy screens to be used in the computer lab at South Chula Vista Branch. Additional Funds Needed: $2,015 Sales Tax for IOLS System The project's budget included both the cost of the IOLS software and the necessary sales tax. However, when the Purchase Order for the IOLS software was prepared, staff neglected to include the sales tax. As a result, the $23,000 in sales tax was not encumbered. This mistake Page 5, Item __ Meeting Date October 24~ 2000 was not discovered until after the dollars allocated for the sales tax had been spent on the necessary hardware and software upgrades and public service enhancements outlined above. Additional Funds Needed: $23,000 Additional Contingency Additional contingency funds are recommended to be set aside in the event that additional hardware is needed once the system is activated on October 31. With cutting edge technology such as the IOLS system, there are a lot of unknowns and as staff has found, unanticipated expenditures are the norm, but are needed, in order to make the system functional for the public. Additional Funds Needed: $18,525 FISCAL IMPACT: The current project cost is $1,028,118, which includes financing costs of $104,757. The PFDIF share of the project is 27.18%, or $250,970. The remaining City share or $777,148 was financed, and the debt service is being paid by California State Library Act (CLSA) funds. This request is for an additional $75,000, of which 27.18% or $20,385 is the DIF share. The remaining City share of $54,615 is proposed to be funded from two sources: $16,075 in interest from the CaLease proceeds, and $38,540 in General Fund monies. File: H:\shared\library\LIBRARY AUTOMATION A-113 INFORIVIATION MEMORANDUM DATE: May 22, 2000 TO: The Honorable Mayor and City Council VIA: David D. Rowlands, Jr., City Manaoer FROM: David J. Palmer, Deputy City Manager'-0 ~ SUBJECT: Intemet Use Policy On May 17, 2000 the Library Board of Trustees unanimously voted to endorse the Library's new Intemet Use Policy (ATTACHED). This new policy, which will go into effect in August 2000, will include the use of filtering softxvare on Intemet Workstations in the Children's areas at each branch library, and a software package which will allow patrons a personal choice of filtered or unfiltered Intemet workstations in the adults areas. In addition, parents will be able to select whether they want their children to have filtered or unfiltered Internet access. If they choice unfiltered access their children xvill only have that level of access on adult computer workstations. It is important to stress that the use of filters does not necessarily prevent access to web sites that some will deem unacceptable. Also, because filters, xvilI on occasion, block constitutionally protected speech, it is very important to provide patrons unfiltered access. Ever since the Library instituted public Internet access in 1997, parental consent has been required for children. This policy worked when the Library had only three to five Intemet workstations at each branch and none were located in Children's areas. However, this summer the Library will upgrade all of its computer systems. This upgrade will include a new web-based public library catalog and subscription to numerous products such as periodical indices and full- text articles, via the Internet. In order to facilitate access, the number of Intemet workstations at each branch library will also dramatically increase. As a result, this policy puts in place a multi- faceted program of parental consent, judicious filtering, and privacy screens. In preparing this policy, staff has been working closely with the City Attorney to implement the most prudent steps possible, both in terms of the protection of children and protecting tree speech. Internet Access Policy 1) The Chula Vista Public Library provides access to the h~ternct via the World Wide Web as a frec service. Patrons are expected to use all Library. computers responsibly, courteously, and in accordance with Libra~. Conduct Policy, the Libm_ry's Computer Use Guidelines. and all Federal, State and local laws govemiag the use of computer and telecommunications resources, including protection of copyright and intellectual property. 2) The Internct is a global electronic network and its content is not under the authority off nor regulated by, government agency. The Interact may not provide accurar2 imCormmion Interact sites rnay contain graphics or text ora controversial nature Thc Library a~rrus the ri~t of each patron to have access to constitutionally protected material, and supports the .~nerican Library Association's Libra~.' Bill qfR~ghts. 3) hnternct stations outside the Children's arm are equipped v~sth privacy screens to enable users to access reformation privately Passersby should respect the privacy of those using computers and reco_m~ize that some materials viewed by patrons may be offensive to others. 4) When registering for a Library_ card. either filtered or unfiltered Interaet access needs to be chosen for each patron Adult patrons may choose for themselves. Patrons under thc ag_e of i 8 must hax e a parent or guar~an read thc follow, lng stmement, then make thc choice for them. Filtering is not a substitute for parental super-:i~ion. Parents are always responsible for their children's use of the Internet anywhere in the Library. The commercially produced filtenng softxtm-e available on L~bra~- Internct computers may assist m bloc'king some sites that might be considered offensive or unsuitable for cl~ildren, but does not eliminate the possibiliB.' of accessing offensive material. c) Patrons who choose not to apply for a regular library card and do not ~fish to check out materials may request a g'uest card_ usable onJy for accessing Libra?' Interact & other electronic resources 5) Computers in Librur?' Children's areas will only offer filtered Interact access to all patrons. When a patron inputs his or her Library or guest card number mto a computer wnh Internct outside the Children's area, the computer will check to see whether filtered or unfiltered access has been chosen. 6) The Library. does nor directly provide e-rnml accounts. There are links to free. Web-based e-mOJI services from thc Libmn,'s lnternct home page. The Library is not responsible for patrons' e-malt or other online acrivmcs such as purchases, financial traasaCUons, file transfers, c,Mt, games, etc. 7) Patrons may not bnng in may outside softx~ure, hardware or equipment for use on Library computers. Files may only be accessed through thc apphcations already installed on LibraB., computers. 8) Thc Chula Vista Public Librar?' shall comply with Federal. state and local laws. 9) Library staffmay deny patrons use ora Library. computer if they fail to comply with any pan of this policy. 5/I/00 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $20,385 FROM AVAILABLE FUND BALANCE IN THE PUBLIC FACILITIES DIF FUND, $16,075 IN OVER-REALIZED INTEREST REVENUE FROM THE FINANCING ESCROW ACCOUNT, AND $38,540 FROM THE AVAILABLE FUND BALANCE IN THE GENERAL FUND FOR THE LIBRARY AUTOMATION SYSTEM CAPITAL IMPROVEMENT PROGRAM (CI~) PROJECT WHEREAS, as part of the FY1998-99 CIP budget adoption, the City Council approved the initial funding for the Library Automation System, to replace the Library's old, labor intensive, computerized catalog, acquisition, cataloging, and circulation system with a client server based, fully integrated-online-library- system (IOLS); and WHEREAS, on December 7, 1999, Council approved an agreement with Innovative Interfaces to provide the IOLS and also authorized the Finance Director to execute a lease-purchase agreement with CaLease for $777,148 but due to increases in the cost of the project, an additional $75,000 is needed to complete installation; and WHEREAS, the new system is targeted to come online on October 31, 2000. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby appropriate $20,385 from the available fund balance in the Public Facilities DIF Fund, $16,075 in over-realized interest revenue from the Financing Escrow Account and $38,540 from the available fund balance in the General Fund for the Library Automation System Capital Improvement Program (CIP) project. Presented by Approved as to form by Deputy City Manager Cfty Attorney [H:\HOME~ATTORN EY/RESO/Library Automation Approp (October 18, 2000 (2 55pm)] COUNCIL AGENDA STATEMENT Meeting Date 10/24/00 ITEM TITLE: Resolution 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 Work~/~ ~ oRan ~i~cWEmb~r ~:200~itlcYe cMiiia~ass~e~u~t~.c~ns 2000_3~i/f~s2~:0~i~e:~pro~igX-~the rejection, re-bid and award associated with the first set of bids for the Corporation Yard project. On October 10, 2000, the City Council passed Resolutions 2000-353 and 2000-354 approving the rejection, re-bid and award associated with the second set of bids for the Corporation Yard project. On October 17, 2000, the City Council passed Resolutions 2000-364 and 2000-365 approving the rejection, re-bid and award associated with the third set of bids for the Corporation Yard project. Approval of tonight's resolution will 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 in November with a resolution accepting and awarding additional bids. The total contract value approved to date is $16,777,689. RECOMMENDATIONS: That Council accept the lowest responsive bids and award 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, authorize the expenditure of funds, and authorize the City Manager to execute said contracts. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The Corporation Yard project involves the renovation and expansion of an existing facility that the City intends to use as its future Public Works Operations Facility and Corporation Yard. 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. On October 10, 2000 the City Council passed Resolutions 2000-353 and 2000-354 approving the rejection, re-bid and award associated with the second set of bids for the Corporation Yard project. Page 2, Item: .__ Meeting Date: 10/24/00 On October 17, 2000 the City Council passed Resolutions 2000-364 and 2000-365 approving the rejection, re-bid and award associated with the third set of bids for the Corporation Yard project. The resolution with this agenda statement pertains to the fourth set of bids for the Corporation Yard project. Bid and Award Process for the Fourth Set of Bids: In preparation for the October 17, 2000 Public Bid Opening for the project, Highland placed an advertisement soliciting bids in '~rhe 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: Trade Item Contract Total CNG Fueling Systems $828,930.00 Insulation $18,793.00 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. Financial Statement: FUNDS REQUIRED FOR CONSTRUCTION A. Amount of contracts to be awarded $ 847,723.00 B. Contingencies (5%) $ 42,386.00 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $ 890,109.00 FUNDS AVAILABLE FOR CONSTRUCTION A. Appropriated Funds $21,699,409.00 B. Funds approved for first and second sets of bids $15,887,580.00 C. Funds to cover remaining Trade Contracts $ 4,921,720.00 TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $ 890,109.00 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 I [] Page 3, Item: __ Meeting Date: 10/24/00 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. 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 $890,109.00 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 $ 16,777,689. Since the proposed contracts represent only a portion of the total construction efforL staff is not indicating any savings to date. When the entire project is bid and accepted, staff will report potential savings at that time. Staff will come back before Council in November with resolutions approving the award of additional trade contracts. Attachments: Exhibit "A" - Re-Bid Opening Report Contractors' Disclosure Statements File # 0735-10-GG131 H:~SHARED~,NGINEER\CORPYARDAWARD4THA 113.SMN.doc 10/19/00 3:13 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 N.t AIIsup CNG Fueling 8t7,082.00 tt,848.00 828,930.00 Award N.I AE Schmidt CNG Fueling 855,289.00 F.1 Schmid Insulation Insulation 18,793.00 0.00 18,793.00 Award Oct-l?-ZO00 15:5g Frgm-HiGNLAND PARTNERSNiP INC, ~lg4g~Zg?O T-$~ P 0~1/004 F-TEg THE CITY OF CHULA VISTA DISCLOSURE STATEMENT Pursuant to Council Policy 101-01, prior to any action upon matters which will ~xluirc discretionary action by the COuncil, Planning Commission a~d all ogler official bodies of the City, a statement of disclosure of certain ownership or iVmanciai inmmsrs, payments, of campaign conlributions for a City of C-'hula 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 subjecx of the application or the contrac~ e.g., owner, applicant, contrac~of, subcon~agtor, ma~erlal 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 (cotporatlon/parmer~hip) entity. If any person* identified ptirsuant io (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 trusu:e or beneficiary or mistor of the trust. 4. Please idenfi~'y each and every person, including any agents, employees, consultants, or independent contractors who you have assigned to represent you before the City in this mal~cr, , Has any person* associated with this conlract had any financial dealings with ~ooffic~**~of the City of Chula Vista az it relates to this conwaet within the past 12 months? Yes · . Form L - DiScl°~u~ Stateraeat Rebtd Package Page ~ of 2 Oc:-l?-2eOO 15:50 Fram-HIGHLAND PARTNERSHIP INC, Glg4gg2g?O T-683 P OQZ/O04 F-T6Q If yes, briefly describe the nature of thc financial interest the official** may have in this contrac[? 6. Have you made a conmbufion of more than $250 wi~p the past twelve (12) months to a current member of the Chula Vista City Council? Yes No ~ ff yes, which Council Member(s)? 7. Have you or any member of your governing board (i.e. Corporate Board of Directoxs.'Executives, non-profit Board of Directors) made contribution totaling more ~hun $1,000 over the past four (4) years to a current rn~mb~r of the Chula Vista City Council? Yes No .~. If yes. which Council Member(s)? ,~.3, Have you provided more than $300 (or an item of equivalent value) to an office** of the City of Chula Vista in the past twelve (12) months? ,0~his includes being a source of income, money to retire a legal debt, gift. loan, etc.) Yes No .7~_ If yes, which Official(s) and what was the nature of the item provided? Date: Signature of C~'tract°r/Applicant Print or Type Name of Contractor/Applicant Pa'son is d¢fi~-d a~: any individual firm, ce-partnership, join~ venture, association, social club. frar~'nml orgamZaUoa. co.flotation, estate, stus~ receiver, syndicate, any other county, city. municipality, di$~'~ct, or othe~ political subdivision, or any oth~ group or combination ac6ng as a unit. Official includ~ but is not limited ~o: Mayor, Council Member, Planning comrm~$ion~, Member of a Board. Commi~ion or Comminee of~he City, Employee, or $~ff Member~. ReOid Pack~ge Pal:e 2 of 2 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 ~ financial interest in the property which is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. 2. ff any person* identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $10t30 investment in the business (corporation/partnership) entity. lqOlql~ If any person* identified pursuant to (1) above is a non-profit or~ization or trust, list the names of any person serving as director of the non-profit organization or as u'ustee 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. Peg Tichenor, lgmployee 5. Has any person* associated with this contract had any financial dealing 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 1 of 2 If yes. briefly describe the nature of the financial interest the official** may have in this contract? Ilia 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 (~.) years to a current member of the Chula Vista City Council? Yes No x 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 the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, ~ft, loan, etc.) Yes No x ff yes, which Official(s) and what was the nature of the item provided? Signature ~oht~'ac~or]A~plicant ~;clruald Insulation Contractors~ Inc. 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 ~m'oup 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 Bid Package Page 2 of 2 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA 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 ~UTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACTS WHEREAS, on September 26, 2000, the City Council approved 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; and WHEREAS, on October 10, 2000, the City Council approved Resolutions 2000-353 and 2000-354 approving the rejection, re-bid and award associated with the second set of bids for the Corporation Yard Project; and WHEREAS, on October 17, 2000, the City Council approved Resolutions 2000-364 and 2000-365 approving the rejection, re-bid and award associated with the third set of bids for the Corporation Yard Project; and WHEREAS, at 2:00 p.m. on October 17, 2000, at Highland Partnership's offices, Highland opened sealed bids received for CNG fueling systems and insulation; and WHEREAS, Exhibit "A" lists the contract amounts covering some of the trade work associated with the construction of the Corporation Yard Project; and WHEREAS, Highland staff checked the references, bonding and insurance capacity of each of the contractors and all references of each low responsive bidder have been verified and their work has been satisfactory; and WHEREAS, a Negative Declaration (IS-00-52) was prepared for this project pursuant to the provisions of CEQA and was adopted by the Redevelopment Agency on July 11, 2000; 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 WHEREAS, 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 accept the lowest responsive bids and award contracts as designated for award on Exhibit UA", 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 $890,109.00 to cover the contract amounts and contingencies associated with the 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 John P. Lippitt Jo~ M. Kah~ny~ Director of Public Works City Attorney H: \ Home\At t orney\ Reso\ CorpYard4 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 CNG FUELING SYSTEMS N.1 AIIsup CNG Fueling 817,082.00 11,848.00 828,930.00 Award N.I AE Schmidt CNG Fueling 855,289.00 INSULATION F.I Schmid Insulation Insulation 18,793.80 0.00 18,793.00 Award SUBTOTAL CONTRACT AMOUNTS 847,723.00 PREVIOUS CONTRACTED AMOUNTS 15,035,789,82 TOTAL CONTRACT AMOUNTS TO DATE 15,883,512.82 COUNCIL AGENDA STATEMENT Item: /~ Meeting Date 10/24/00 ITEM TITLE: Resolution approving certain position reclassifications in the Planning and Building Department, appropriating $19,400 from the remaining fund balance of the General Fund, appropriating $4,800 from unanticipated development related revenues and amending the FY 20004)1 Budget of the Planning and Building Department to reflect said changes. SUBMITTED BY: Director of Planning and Building/~/'~ Director of Human Resources ~;~-~ REVIEWED BY: City Manager ~{~ .~ (4/Sths Vote: Yes X No ) In June 2000, the City Council approved the City's Operating Budget for FY 2000-01, which included certain staff positions in the Planning and Building Department. Since that fane, the Director of Planning and Building has worked with the City Manager's office to refine the Planning and Building Department work program for FY 2000-01, and has worked with the Director of Human Resources to review classifications of certain staff positions within the Department. Based on this review, staff is recommending the reclassification of five staff positions within the Department. RECOMMENDATION: That the City Council adopt the resolution approving certain position reclassifications in the Planning and Building Department, appropriating funds therefore, and amending the FY 2000-01 Budget to reflect said changes. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Background In June 2000, the City Council adopted the FY 2000-01 Operating Budget, which included appropriations for certain staff positions in the Planning and Building Department. Since that time, our staff has been working with the City Manager's office to refine the work program for the Planning and Building Department for the current fiscal year, as well as identifying long-term projects and responsibilities for the Department. In the Planning Division, we have focussed on the upcoming General Plan Update, as well as major community planning projects in Otay Ranch and other master planned communities. In the Building Division, we have focussed on implementation of the "Permits Plus" automated permit processing and tracking system in the Planning and Building Department and other development service departments in the City, which will eventually allow vastly improved coordination of permitting and code enforcement activities Page 2, Item No.: Meeting Date: 10/24/00 among City departments and outside agencies, and will also allow issuance of certain permits over the Internet. Proposals Based on this analysis, we are proposing the following changes: 1. Three of the supervising planners in the Planning Division (section heads in Development Planning, "Community Planning - Eastlake, Sunbow, and Rolling Hills Ranch," and Growth Management / Special Projects) will have their positions reclassified from Senior Planner to Principal Planner. This change will achieve parity among all the section heads within the Planning Division, with the exception of the General Plan Project Manager, which is a senior management position with a limited term. On an annualized basis, personnel costs for these positions will increase from $253,500 to $274,400, an increase of $20,900, of which $7,300 will be funded from developer deposits and $13,600 funded from the General Fund. 2. One of the Associate Planner positions (CVEA) in the Environmental Planning Section will be reclassified to Environmental Project Manager (Mid-Mgr). This position will be responsible for overseeing completion of Phase II of the MSCP program (implementing ordinances and agreements,) as well as long-term implementation of the regulatory components of the MSCP program. This reclassification is intended to address additional seniorqevel project management responsibilities being assigned to this position. On an annualized basis, the personnel cost for this position will increase from $66,000 to $74,300, an increase of $8,300. This position will be funded from the General Fund. 3. The Director of Planning and Building will take over direct responsibility for supervision of the General Plan Project Manager, and the section heads in Advance Planning and Growth Management / Special Projects, while the Assistant Director of Planning will be responsible for supervising the four remaining section heads: "Community Planning - Otay Ranch,", "Community Planning - Eastlake et al," Development Planning, and Environmental Planning. This change will more clearly delineate lines of responsibility for managing the major activities within the Planning Division over the next two to three years, during the period of preparing and completing the General Plan Update. There is no change in personnel costs associated with this realignment of responsibility. 4. The Building Permit Section of the Building Division will be placed under the supervision of the Code Enforcement Manager, and the position will be reclassified from Code Enforcement Manager to "Code Enforcement / Permit Manager." The salary level change being proposed with this reclassification will bring the position into parity with section head positions in the Planning Division. This change will result in the Code Enforcement / Permit Manager being responsible for administering all activities within the Building Division's main office at the Civic Center, while the Deputy Building Official is responsible for administering building Page 3, Item No.: Meeting Date: 10/24/00 inspection and plan review activities which are housed at the Division's eastern office. This change will allow the Assistant Director of Building additional time to coordinate the ongoing implementation of the "Permits Plus" automated permitting and tracking system in the Planning and Building Department, as well as assisting in the implementation of this system in other development service departments, such as Public Works and Community Development. On an annualized basis, the personnel cost for this position will increase from $87,200 to $94,500, an increase of $7,300. This position will be funded from the General Fund. It should be noted that the reclassifications outlined above have been validated by the Director of Human Resources as being appropriate at the present time, and do not preclude consideration of other classification changes through the Citywide classification studies that are currently being conducted. FISCAL IMPACT: The total amount of the proposed position reclassifications is $24,200 for the remainder of Fiscal Year 2000-01, $4,800 of which will be funded from unanticipated developer deposit revenues and $19,400 to be funded from the remaining fund balance of the General Fund. On an annualized basis, the proposed reclassifications will increase from $406,700 to $443,200, an increase of $36,500, $7,300 to be funded from development related revenues and $29,200 to be funded from the General Fund. Attachment 1. Planning and Building Department Organization Chart H:\home\planning\bobl\council agenda statement- midyear budget.doc RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CERTAIN RECLASSIFICATIONS IN THE PLANNING AND BUILDING DEPARTMENT, APPROPRIATING $19,400 FROM THE REMAINING FUND BALANCE OF THE GENERAL FUND, APPROPRIATING $4,800 FROM UN~kNTICIPATED DEVELOPMENT RELATED REVENUES AND AMENDING THE FY 2000-01 BUDGET OF THE PLANNING AND BUILDING DEPARTMENT TO REFLECT SAID CHANGES WHEREAS, on June 20, 2000 the Chula Vista City Council adopted Resolution 2000-230 approving the Fiscal Year 2000- 2001 Operating and Capital budgets of the City of Chula Vista; and, WHEREAS, since that time, the Director of Planning and Building has worked with the City Manager's office to refine the Department work program and recommends reclassifying five positions. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the following reclassifications in the Planning and Building Department: 1. Three supervising planners in the Planning Division (section heads in Development Planning, "Community Planning Eastlake, Sunbow, and Rolling Hills Ranch" and Growth Management/Special Projects) will be reclassified from Senior Planner to Principal Planner. 2. One Associate Planner position in the Environmental Planning Section will be reclassified to Environmental Project Manager. 3. The Code Enforcement Manager will be reclassified to Code Enforcement/Permit Manager. BE IT FURTHER RESOLVED that $19,400 in funding is appropriated to the Planning and Building Department from the remaining fund balance of the General Fund, $4,800 in funding is appropriated from unanticipated development related revenues, and staff is directed to amend the FY 2000-01 budget to reflect said changes. Presented by Approved as to form by Robert A. Leiter ~'6/~n M. Kaheny Planning and Building Director I~ity Attorney H: ~home ~at t orney~reso~ Senior Reclass 2 COUNCIL AGENDA STATEMENT Item: It~ Meeting Date: 10/24/00 ITEM TITLE: Resolution of the City of Chula Vista approving a three-party agreement between the City of Chula Vista; RECON, Consultant; and NNP- Trimark San Miguel Ranch, LLC, Applicant, for biological mitigation monitoring services to be rendered for San Miguel Ranch, and authorizing the Mayor to execute said Agreement SUBMITTED BY: Director of Planning and Building//~_~ /, REVIEWED BY: City Manager ~9~ 0 (4/5ths Vote: Yes No X .) In compliance with AB 3180, a Mitigation Monitoring and Reporting Program (MMRP) was adopted by City Council for the San Miguel Ranch Sectional Planning Area (SPA) Plan and Tentative Maps. AB 3180 requires public agencies to adopt such programs to ensure effective implementation of mitigation measures. This report requests that the City Council approve the proposed contract with RECON for $30,000 annually to provide consulting services as the Environmental Monitor Specialist (biologis0 for San Miguel Ranch SPA Plan and Tentative Maps. RECOiVEVIENDATION: That the City Council adopt Resolution approving a three-party agreement between the City of Chula Vista; RECON; and NNP-Trimark San Miguel, LLC for environmental consulting services for biological mitigation monitoring to be rendered for San Miguel Ranch. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: Background City staff in the environmental planning section will be performing the general mitigation monitoring tasks for San Miguel Ranch. However, mitigation monitoring for San Miguel Ranch requires the services of a biologist specifically experienced with Otay Tarplant restoration plans as well as restoration plans for other narrow endemic plant species. This individual would function as the Environmental Monitor Specialist (biologis0 for the City of Chula Vista. The Environmental Monitor Specialist will provide services as needed related to biological resources associated with San Miguel Ranch, including overseeing the implementation of the biological conditions of the MMRP and City of Chula Vista's Multiple Species Conservation Program (MSCP) Subarea Plan relative to San Miguel Ranch. Page2, Item No.: t~ Meeting Date: 10/24/00 Consultant Services Selection Process A request for proposal was distributed to the 61 persons or firms included on the City's list of qualified Environmental Consultants, six proposals were received. The Selection Committee appointed by the City Manager invited three firms to interview. The Environmental Review Coordinator and the Selection Committee have determined that RECON has demonstrated unique qualifications to serve as the Consultant for this contract. This determination was based upon RECON's experience and expertise with Otay Tarplant restoration plans (as well as restoration plans for other narrow endemic plant species), experience with the resource agencies, grasp of the project's complexities, and project experience within this region. The Consultant represents that they are experienced and staffed in a manner such that they can prepare and deliver the required services to the City within the necessary time frames. The Environmental Review Coordinator has negotiated the details of these agreements in accordance with procedures set forth in Section 6.5.2 of the Environmental Review Procedures. Scope-of-Work Under an agreement with the City of Chula Vista and the project applicant, RECON will function as the Environmental Monitor Specialist (biologist) for the City of Chula Vista. The responsibilities of the Environmental Monitor Specialist (biologist) will include tasks such as review of biology technical reports, including but not limited to the wetland mitigation plan, the Area Specific Management Plan, and revegetation plan. The Consultant will also be responsible for the following tasks: administration and preparation of daily logs, status reports, compliance reports, and preparation of the final grading/construction monitoring report. The monitoring of on-site, daily grading/construction activities including the understanding of all permit conditions, site specific project requirements, construction schedules, and the environmental quality control efforts will also be the responsibility of the Consultant. Contract Payment: The total not-to-exceed amount for this contract is $30,000 annually. NNP-Trimark San Miguel, LLC agrees to maintain a minimum balance of $10,000 in subject account which shall be replenished upon the request of the City. The City will also receive a standard administrative fee amounting to 10% of the contract. NNP-Trimark San Miguel, LLC will also reimburse any City staff time associated with implementation of the MMRP and the City of Chula Vista MSCP Subarea Plan relative to San Miguel Ranch through a separate deposit account which has already been established. FISCAL IMPACT: RECON's consulting fees will be paid by the project applicant, NNP- Trimark San Miguel, LLC, through a deposit account. Page 3, Item No.: Meeting Date: 10/24/00 Attachment Three-party Agreement H:\homeplanning\MarniB\SMRanch\Bio Monitor\RECON A113 RESOLUTION NO. RESOLUTION OF THE CITY OF CHULA VISTA APPROVING A THREE- PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA; RECON, CONSULTANT; AND NNP-TRIMARK SAN MIGUEL RANCH, LLC, APPLICANT, FOR BIOLOGICAL MITIGATION MONITORING SERVICES TO BE RENDERED FOR SAN MIGUEL RANCH, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the expertise of an Environmental Monitor Specialist (Biologist) is necessary and requires the hiring of a Consultant; and WHEREAS, the Consultant, chosen through the formal bidding process, is uniquely qualified to serve as the Consultant for this contract based on their experience and expertise with Otay Tarplant restoration plans as well as restoration plans for other narrow enderriic plant species, their experience with the resource agencies, their grasp of the project's complexities, and the firm's project experience within this region; and WHEREAS, the Consultant, chosen through the informal bidding process, is currently working as a Consultant to the Environmental Mitigation Monitor to provide expertise related to the preparation of the San Miguel Ranch Otay Tarplant Habitat Management Plan; and WHEREAS, the Consultant has demonstrated the ability to perform while working as a Consultant to the Environmental Mitigation Monitor; and WHEREAS, a request for proposal was distributed to the 61 persons or firms included on the City's list of qualified Environmental Consultants, and six proposals were received by the City; and WHEREAS, the City Manager appointed a selection conunittee which has in accordance with Section 2.56.110 of the Chula Vista Municipal Code, recommended the above noted Consultant to perf?m the required services for the City; and WHEREAS, the Environmental Review Coordinator has negotiated the details of this agreement in accordance with procedures set lbrth in Section 6.5.2 of the Environmental Review Procedures. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve a three-party agreement between the City of Chula Vista; RECON ("Consultant") and NNP-Trimark san Miguel Ranch, LLC ("Applicant") for consulting services related to biological mitigation monitoring for San Miguel Ranch, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said Agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by Robert A. Leiter J'/'o~hn~hen~y Director of Planning and Building City Attorney Three Party Agreement Between City of Chula Vista, RECON, Consultant, and NNP-Trimark San Miguel Ranch, LLC, Applicant For Consulting Work to be Rendered with regard to Applicant's Project 1. Parties. This Agreement is made as of the reference date set forth in Exhibit A, for thc purposes of reference only, and effective as of the date last executed by the parties hereto, between thc City of Chula Vista ("City") herein, a municipal corporation of the State of California, the person designated on the attached Exhibit A as "Consultant", RECON, whose business form and address are indicated on the attached Exhibit A, and the person designated on the attached Exhibit A as "Applicant", NNP- Trimark San Miguel Ranch, LLC, whose business form and address are indicated on the attached Exhibit A, and is made with reference to the following facts: 2. Recitals, Warranties and Representations. 2.1. Warranty of Ownership. Applicant warrants that Applicant is the owner of land ("Property") commonly known as, or generally located as, described on Exhibit A, Paragraph 1, or has an option or other entitlement to develop said Property. 2.2. Applicant desires to develop the Property with the Project described on Exhibit A, Paragraph 2, and in that regard, has made application ("Application") with the City for approval of the plan, map, zone, or other permits ("Entitlements") described on Exhibit A, Paragraph 3. 2.3. In order for the City to process the Application of Applicant, Work ofthe general nature and type described in Exhibit A, Paragraph 4, ("Work") will need to be completed. 2.4. City does not presently have the "in-house" staff or resources to process the application within the time frame requested for review by the Applicant. 2.5. This agreement proposes an arrangement by which Applicant shall retain, and be liable for the costs of retaihing, Consultant, who shall perform the services required of Consultant by this Agreement solely to, and under the direction of, the City. Three Party Agreement 10/18/00 Page 1 2.6. Additional facts and cimumstances regarding the background for this agreement are set forth on Exhibit B. 3. Agreement. NOW, THEREFORE, IT IS MUTUALLY AGREED TO AND BETWEEN THE CITY, CONSULTANT, AND APPLICANT AS FOLLOWS: 3.1. Employment of Consultant by Applicant. Consultant is hereby engaged by the Applicant, not the City, and at Applicant's sole cost and expense, to perform to, and for the primary benefit of, City, and solely at City's direction, all of the services described on the attached Exhibit A, Paragraph 4, entitled "General Nature of Consulting Services", ("General Services"), and in the process of performing and delivering said General Services, Consultant shall also perform to and for the benefit of City all of the services described in Exhibit A, Paragraph 5, entitled "Detailed Scope of Work", ("Detailed Services"), and all services reasonably necessary to accomplish said General Services and Detailed Scope of Work, and shall deliver such documents required ("Deliverables") herein, all within the time frames herein set forth, and in particular as set forth in Exhibit A, Paragraph 6, and if none are set forth, within a reasonable period of time for the diligent execution of Consultant's duties hereunder. Time is of the essence of this covenant. The Consultant does hereby agree to perform said General and Detailed Services to and for the primary benefit of the City for the compensation herein fixed to be paid by Applicant. In delivering the General and Detailed Services hereunder, the Consultant shall do so in a good, professional manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations, at its own cost and expense except for the compensation and/or reimbursement, if any, herein promised, and shall furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, machinery, equipment, printing, vehicles, transportation, office space and facilities, calculations, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by the City or Applicant, necessary or proper to perform and complete the work and provide the Services required of the Consultant. 3.2. Compensation of Consultant. Applicant shall compensate Consultant for all services rendered by Consultant without regard to the conclusions reached by the Consultant, and according to the terms and conditions set forth in Exhibit C adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, by paying said amount to the City, within 15 days of Consultant's billing, or in accordance with the security deposit provisions of Paragraph 3.3 and Exhibit C, if Three Party Agreement 10/18/00 Page 2 checked, and upon receipt of such payment by the City, City shall promptly, not later than 15 days, or in accordance with the Bill Processing procedure in Exhibit C, if checked, pay said amount to the Consultant. City is merely acting in the capacity as a conduit for payment, and shall not be liable for the compensation unless it receives same from Applicant. Applicant shall not make any payments of compensation or otherwise directly to the Consultant. 3.2.1. Additional Work. If the Applicant, with the concurrence of City, determines that additional services ("Additional Services") are needed from Consultant of the type Consultant is qualified to render or reasonably related to the Services Consultant is otherwise required to provide by this Agreement, the Consultant agrees to provide such additional services on a time and materials basis paid for by Applicant at the rates set forth in Exhibit C, unless a separate fixed fee is otherwise agreed upon in writing for said Additional Work between the parties. 3.2.2. In the event that the City shall determine that additional work is required to be performed above and beyond the scope of work herein provided, City will consult with Applicant regarding the additional work, and if thereupon the Applicant fails or refuses to arrange and pay for said Additional Services, the City may, at its option, suspend any further processing of Applicant's Application until the Applicant shall deposit the City's estimate of the costs of the additional work which the City determines is or may be required. Applicant shall pay any and all additional costs for the additional work. 3.2.3. Reductions in Scope of Work. City may independently, or upon request from Consultant, from time to time reduce the Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. Upon failure to agree, the Fixed Fee may be unilaterally reduced by the City by the amount of time and materials budgeted by Consultant for the Services deleted. 3.3. Security for Payment of Compensation by Applicant. 3.3.1. Deposit. As security for the payment of Consultant by Applicant, Applicant shall, upon execution of this Agreement, deposit the amount indicated on Exhibit C as "Deposit Amount" with the City, as trustee for Consultant, the conditions of such trust being as indicated on Exhibit C and as hereinbelow set forth: 3.3.l.1 Other Terms of Deposit Trust. 3.3.1.1.1. City shall also be entitled to retain from said Deposit all costs incurred by City for which it is entitled to compensation by law or under the terms of this agreement. Three Party Agreement 10/18/00 Page 3 3.3.1.1.2. All interest earned on the Deposit Amount, if any, shall accrue to the benefit of, and be used for, Trust purposes. City may, in lieu of deposit into a separate bank account, separately account for said deposit in one or more of its various bank accounts, and upon doing so, shall proportionately distribute to the Deposit Trust, the average interest earned during the period on its general fund. 3.3.1.1.3. Any unused balance of Deposit Amount, including any unused interest earned, shall be returned to Applicant not later than 30 days after the termination of this Agreement and any claims resulting therefrom. 3.3.1.1.4. Applicant shall be notified within 30 days after of the use of the Deposit in any manner. Nothing herein shall invalidate use of the Deposit in the manner herein authorized. 3.3.1.1.5. At such time as City shall reasonably determine that inadequate funds remain on Deposit to secure future compensation likely due Consultant or City, City may make demand of Applicant to supplement said Deposit Amount in such amount as City shall reasonably specify, and upon doing so, Applicant shall, within 30 days pays said amount ("Supplemental Deposit Amount") to City. Said Supplement Deposit Amount or Amounts shall be governed by the same terms of trust governing the original Deposit. 3.3.2. Withholding of Processing. In addition to use of the Deposit as security, in order to secure the duty of Applicant to pay Consultant for Services rendered under this agreement, City shall be entitled to withhold processing of Applicant's Application upon a breach of Applicant's duty to compensate Consultant. 4. Non-Service Related Duties of Consultant. 4.1. Insurance. Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of"A, Class V" or better, or shall meet with the approval of the City: 4.1.1. Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 10. 4.1.2. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 10, combined single limit'applied separately to each project away from premises owned or rented by Consultant, which names City and Three Party Agreement 10/18/00 Page 4 Applicant as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and Which treats the employees of the City and Applicant in the same manner as members of the general public ("Cross-liability Coverage"). 4.1.3. Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 10, unless Errors and Omissions coverage is included in the General Liability policy. 4.2. Proof of Insurance Coverage. 4.2.1. Certificates of Insurance. Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. 4.2.2. Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City and Applicant demonstrating same. 4.3. Public Statements. All public statements and releases to the news media shall be the responsibility of the City and the Applicant. The Consultant shall not publish or release news items, articles or present lectures on the Project, either during the course of the study or after its completion, except on written concurrence of the City and Applicant. 4.4. Communication to Applicant. Consultant shall not communicate directly to the Applicant except in the presence of the City, or by writing an exact copy of which is simultaneously provided to City, except with the express consent of City. The Consultant may request such meetings with the Applicant to ensure the adequacy of services performed by Consultant. 5. Non-Compensation Duties of the Applicant. 5.1. Documents Access. The Applicant shall provide to the Consultant, through the City, for the use by the Consultant and City, such documents, or copies of such documents requested by Consultant, within the possession of Applicant reasonably useful to the Consultant in performing the services herein required of Consultant, including but not limited to those described in Exhibit A, Paragraph 7. Three Party Agreement 10/18/00 Page 5 5.2. Property Access. The Applicant hereby grants permission to the City and Consultant to enter and access the Property, to take any borings, make any tests, conduct any surveys or reconnaissance necessary to deliver the Services of Consultant, subject to the approval of the Applicant. Consultant shall promptly repair any damage to the subject property occasioned by such entry and shall indemnify, defend, and hold Applicant harmless from all loss, cost, damage, expenses, claims, and liabilities in connection with or arising from any such entry and access. 5.3. Communication to Consultant. Applicant shall not communicate directly to the Consultant except in the presence of the City, or by writing an exact copy of which is simultaneously provided to City, except with the express consent of City. The Applicant may request such meetings as they desire with the Consultant to ensure the adequacy of services performed by Consultant. 6. Administrative Representatives. Each party designates the individuals ("Administrators") indicated in Exhibit A, Paragraph 8, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 7. Conflicts of Interest. 7.1. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 9, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report his economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 9 of Exhibit A, or if none are specified, then as determined by the City Attorney. 7.2. Decline to Participate. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. Tttree Party Agreement 10/18/00 Page 6 7.3. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. 7.4. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. 7.5. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. 7.6. Specific Warranties Against Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in the property which is the subject matter of the Project, or in any property within 10 radial miles from the exterior boundaries of the property which is the subject matter of the Project, or ("Prohibited Interest"). Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates by Applicant or by any other party as a result of Consultant's performance of this Agreement. Consultant premises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement. Three Party Agreement 10/18/00 Page 7 8. Default of the Consultant for Breach. This agreement may be terminated by the City for default if the Consultant breaches this agreement or if the Consultant refuses or fails to pursue the work under this agreement or any phase of the work with such diligence which would assure its completion within a reasonable period of time. Termination of this agreement because of a default of the Consultant shall not relieve the Consultant from liability of such default. 9. City's Right to Terminate Payment for Convenience, Documents. 9.1. Notwithstanding any other section or provision of this agreement, the City shall have the absolute right at any time to terminate this agreement or any work to be performed pursuant to this agreement. 9.2. In the event of termination of this agreement by the City in the absence of default of the Consultant, the City shall pay the Consultant for the reasonable value of the services actually performed by the Consultant up to the date of such termination, less the aggregate of all sums previously paid to the Consultant for services performed after execution of this agreement and prior to its termination. 9.3. The Consultant hereby expressly waives any and all claims for damage or compensation arising under this agreement, except as set forth herein, in the event of such termination. 9.4. In the event of termination of this agreement, and upon demand of the City, the Consultant shall deliver to the City, all field notes, surveys, studies, reports, plans, drawings and all other materials and documents prepared by the Consultant in performance of this agreement, and all such documents and materials shall be the property of the City; provided however, that the Consultant may retain copies for their own use and the City shall provide a copy, at Applicant's cost, of all such documents to the Applicant. 9.5. Applicant shall have no right to terminate Consultant, and shall not exercise any control or direction over Consultant's work. 10. Administrative Claims Requirement and Procedures. No suit shall be brought arising out of this agreement, against the City, unless a claim has first been presented in writing and filed with the City of Chula Vista and acted upon by the City of Chula Vista in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, the provisions of which are incorporated by this reference as if set fully set forth herein. Three Party Agreement 10/18/00 Page 8 11. Hold Harmless and IndemnificatiOn. 11.1. Consultant to Indemni~y City and Applicant re Injuries. Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees and Applicant fi:om and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct of the Consultant, or any agent or employees, subcontractors, or others of City or Applicant in connection with the execution of the work covered by this Agreement, except only for those claims arising fi:om the sole negligence or sole willful misconduct of the City, its officers, or employees, or Applicant, Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or employees or Applicant in defending against such claims, whether the same proceed to judgment or not. Further, Consultant at its own expense shall, upon written request by the City or Applicant, defend any such suit or action brought against the City, its officers, agents, or employees or Applicant. Consultants' indemnification of City and Applicant shall not be limited by any prior or subsequent declaration by the Consultant. 11.2. Applicant to Indemnify City re Compensation of Consultant. Applicant agrees to defend, indemnify and hold the City harmless against and fi.om any and all claims, losses, damages, expenses or expenditures of City, including its elected officials, officers, employees, agents, or representatives of the City ("City Indemnitees"), in any way resulting fi:om or arising out of the refusal to pay compensation as demanded by Consultant for the performance of services required by this Agreement. 12. Business Licenses. Applicant agrees to obtain a business license from the City and to otherwise comply with Chula Vista Municipal Code, Title 5. Applicant further agrees to require Consultant to obtain such business license and to comply with Chula Vista Municipal Code, Title 5. 13. Miscellaneous. 13.1. Consultant not authorized to Represent City. Unless specifically authorized in writing by City, neither Consultant nor Applicant shall have authority to act as City's agent to bind City to any contractual agreements whatsoever. Three Party Agreement 10/18/00 Page 9 13.2. Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified for the parties in Exhibit A. 13.3. Entitlement to Subsequent Notices. No notice to or demand on the parties for notice of an event not herein legally required to be given shall in itself create the right in the parties to any other or further notice or demand in the same, similar or other circumstances. 13.4. Entire Agreement. This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enfomement of such amendment, waiver or discharge is sought. 13.5. Capacity of Parties. Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement; that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. 13.6. Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. 13.7. Modification. No modification or waiver of any provision of this Agreement shall be effective unless the same shall be in writing and signed by the parties hereto, and then shall be valid only in the specific instance and for the purpose for which given. Three Party Agreement 10/18/00 Page 10 13.8. Counterparts. This Agreement may be executed in more than one counterpart, each of which shall be deemed to be an original but all of which, when taken together shall constitute but one instrument. 13.9. Severability. In the event that any provision of this Agreement shall for any reason, be determined to be invalid, illegal, or unenforceable itl anY respect, the parties hereto shall negotiate in good faith and agree to such amendments, modifications, or supplements to this Agreement or such other appropriate action as shall, to the maximum extent practicable in light of such determination, implement and give effect to the intentions of the parties as reflected herein. 13.10. Headings. The captions and headings in this Agreement are for convenience only and shall not define or limit the provisions hereof. 13.11. Waiver. No course of dealing or failure or delay, nor the single failure or delay, or the partial exercise of any right, power or privilege, on the part of the parties shall operate as a waiver of any rights herein contained. The making or the acceptance of a payment by either party with knowledge of the existence of a breach shall not operate or be construed to operate as a waiver of any such breach. 13.12. Remedies. The rights of the parties under this Agreement are cumulative and not exclusive of any rights or remedies which the parties might otherwise have unless this Agreement provides to the contrary. 13.13. No Additional Beneficiaries. Despite the fact that the required performance under this agreement may have an affect upon persons not parties hereto, the parties specifically intend no benefit therefrom, and agree that no performance hereunder may be enforced by any person not a party to this agreement. Notwithstanding the foregoing, this is a three party agreement and the City is an express third party beneficiary of the promises of Consultant to provide services paid for by Applicant. (End of Page. Next Page is Signature Page.) Three Parry Agreement 10/18/00 Page 11 Signature Page NOW THEREFORE, the parties hereto, having read and understood the terms and conditions of this agreement, do hereby express their consent to the terms hereof by setting their hand hereto on the date set forth adjacent thereto. Dated: City of Chula Vista by: Shirley Horton, Mayor Attest: Susan Bigelow, City Clerk Approved as to Form: Johffl~.t/Kaheny, City Attom~ Dated: Consultant: RECON Charles S. Bull, President Dated: Applicant: NNP-Trimark San MiguelfiLLC Stephen ~-. Heste~, D~'i~--'~'-~resident Three Party Agreement 10/17/00 Page 12 Exhibit A Reference Date of Agreement: October 24, 2000 Effective Date of Agreement: Date of City Council Approval of Agreement City: City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 Consultant: RECON Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership (X) Corporation Address: 1927 Fifth Avenue, Suite 200, San Diego, CA 92101-2358 Applicant: NNP-Trimark San Miguel Ranch, LLC Business Form of Applicant: ( ) Sole Proprietorship ( ) Partnership (X) Corporation Address: 85 Argonaut, Suite 205, Aliso Viejo, CA 92656 1. Property (Commonly known address or General Description): 743-acre San Miguel Ranch South Parcel generally located east and north of Bonita Meadows, west of Rolling Hills Ranch and south of the 1,852-acre San Miguel Ranch North Parcel. 2. Project Description ("Project"): 1,394-unit residential subdivision including commercial, recreation, school and open space areas. 3. Entitlements applied for: N/A Three Pat~ry Agreement 10/18/00 Page 13 4. General Nature of Consulting Services ("Services--General"): Environmental Monitor Specialist (Biologist) primarily for San Miguel Ranch Mitigation Monitoring and Reporting Program (MMP-97-02) and other expert consulting services related to biological resoumes and the San Miguel Ranch Project. 5. Detailed Scope of Work ("Detailed Services"): The Consultant will function as the 'Environmental Monitor Specialist (Biologist) for the City of Chula Vista for the San Miguel Ranch project. The Consultant will provide biotechnical support to City staff to oversee all issues related to biological resoumes associated with San Miguel Ranch, including but not limited to overseeing the implementation of the biological conditions of the MMRP and City of Chula Vista's Multiple Species Conservation Program (MSCP) Subarea Plan relative to San Miguel Ranch. Specific responsibilities of the Environmental Monitor Specialist with reference to the San Miguel Ranch Project (Biologist) will include, but may not be limited to: 1. At the direction of City staff and pertaining to the San Miguel Ranch Project, coordination with the Applicant's biologist and City staff, attendance at preconstruction conferences in the field, attendance at meetings with City staff, and attendance at meetings with appropriate field personnel; 2. Review of biology technical reports, including but not limited to the wetland mitigation plan, the Area Specific Management Plan, and revegetation plan; 3. Site visits and monitoring of on-site, daily grading/construction activities to monitor compliance with all project permit conditions, site-specific project requirements, construction schedules, and the environmental quality control requirements; 4. Administration and preparation of daily logs, status reports, compliance reports and the final grading/construction monitoring report, all in a form as approved by the Environmental Review Coordinator; 5. Review of monitoring reports as well as plans during City plan check process; 6. Advise contractors of and ensure compliance with all appropriate permit conditions; 7. Review all grading/construction impact mitigation and if need be propose additional mitigation measures; and 8. Require correction and remedying of activities observed that violate project environmental conditions or that represent unsafe or dangerous conditions. 6. Schedule, Milestone, Time-Limitations within which to Perform Services. Date for Commencement of Consultant Services: (X) Same as Effective Date of Agreement Dates or Time Limits for Delivery of Deliverables: N/A Three Par[y Agreement 10/18/00 Page 14 Dates for Completion of all Consultant Services: The term of this agreement shall be for five years from commencement of revegetation, pursuant to the San Miguel Ranch Landscape Slope Erosion Control Planting and Irrigation Plans prepared by Gillespie Design Group, Inc., as a component of the San Miguel Ranch Grading Permit. This contract may be extended at the sole discretion of the City for a one year period, for up to five additional years. 7. Documents to be provided by Applicant to Consultant: (X) site plans (X) grading plans ( ) architectural elevations (X) project description. (X) other: Improvement Plans, revegetation plans, irrigation plans, Master Landscape Plan, landscape plans, Wetland Mitigation Plan, Otay Tarplant Habitat Management Plan and Area Specific Management Plan. 8. Contract Administrators. City: Marilyn R.F. Ponseggi, Environmental Review Coordinator Applicant: Stephen Hester, Vice President, NNP-Trimark San Miguel Ranch, LLC Consultant: Charles Bull, President, RECON 9. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (X) Not Applicable. Not an FPPC Filer. Category No. l. Investments and sources of income. Category No. 2. Interests in real property. Category No. 3. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. Category No. 4. Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property. Category No. 5. Investments in business entities and sources of income of the type which, within the past two years, have contracted with Three Party Agreement 10/18/00 Page 15 ( ) Category No. 5. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. ( ) Category No. 6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. ( ) Category No. 7. Business positions. 10. Insurance Requirements: ( ) Statutory Worker's Compensation Insurance ( ) Employer's Liability Insurance coverage: $1,000,000. (X) Commercial General Liability Insurance: $1,000,000. ( ) Errors and Omissions insurance: None Required (included in Commercial General Liability coverage). ( ) Errors and Omissions insurance: $250,000 (not included in Commercial General Liability coverage). Three Party Agreement 10/18/00 Page 16 f Exhibit B Additional Recitals WHEREAS, the Applicant has deposited an initial sum for biological monitoring support to City staff to oversee all issues related to biological resoumes associated with San Miguel Ranch, including but not limited to overseeing the implementation of the biological conditions of the San Miguel Ranch MMRP and City ofChula Vista's MSCP Subarea Plan relative to San Miguel Ranch, and WHEREAS, a request for proposal was distributed to the 61 persons or finns included on the City's list of qualified Environmental Consultants, and six proposals were received by the City, and WHEREAS, the City Manager appointed a selection committee which has in accordance with Section 2.56.110 of the Chula Vista Municipal Code, recommended the above noted Consultant to perform the required services for the City, and WHEREAS, the Environmental Review Coordinator has negotiated the details of this agreement in accordance with procedures set forth in Section 6.5.2 of the Environmental Review Procedures. Three Party Agreement 10/18/00 Page 17 Exhibit C Compensation Schedule and Deposit: Terms and Conditions. ( ) Single Fixed Fee Arrangement. For performance of all of the General and Detailed Services of Consultant as herein required, Applicant shall pay a single fixed fee in the amounts and at the times or milestones set forth below: ( ) Single Fixed Fee Amount: Milestone or Event Amount or Percent of Fixed Fee 1. ( ) Phased Fixed Fee Arrangement. For the performance of each phase or portion of the General and Detailed Services of Consultant as are separately identified in Exhibit C, under the category labeled "Phased Fixed Fee Arrangement", Applicant shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones set forth hereinbelow ("Phase Fixed Fee Arrangement"). Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless Applicant shall have issued a notice to proceed to Consultant as to said Phase. Three Party Agreement 10/18/00 Page 18 Fee for Phase Said Phase 1. $ 3. $ 4. $ (X) Time and Materials For performance Of the General and Detailed Services of Consultant as herein required, Applicant shall pay Consultant for the productive hours of time and material spent by Consultant in the performance of said Services, at the rates or amounts set forth hereinbelow according to the following terms and conditions: (X) Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the General and Detailed Services herein required of Consultant for $30,000.00 annually including all Materials and other "reimburseables" ("Maximum Compensation"). The City will also receive a standard administrative fee amounting to 10% of the contract. ( ) Limitation without Further Authorization on Time and Materials Arrangement Three Pa~ty Agreement 10/18/00 Page 19 Rate Schedule Hourly Category of Employee Name Rate Expert Witness $200.00 Principal Bobbie Stephenson $125.00 Senior Biologist/Project Manager Mark Dodero $97.00 Senior Biologist Gerry Scheid $97.00 Cynthia Jones Assistant Biologist Fred S. Edwards $76.00 Research Assistant $49.00 Production Supervisor $52.00 Production Specialist III $42.00 Production Specialist II $36.00 Production Specialist I $31.00 Graphic Illustrator III $46.00 Specialist III $77.00 Specialist II $67.00 Specialist I $57.00 Resource Monitor II $50.00 Resource Monitor I $40.00 Technician III $31.00 Technician II $26.00 Technician I $21.00 Field Supervisor $27.00 Field Crew Chief $20.00 Field Technician $17.00 (X) Consultant's hourly rates may increase by 6% for services rendered after January, 2002, and every year thereafter. Materials Separately Paid For by Applicant Cost or Rate (X) Materials Actual Reports Copies (X) Travel Actual (X) Printing Actual (X) Postage Actual (X) Delivery Actual (X) Long Distance Telephone Charges Actual (X) Other Actual Identifiable Direct Costs Actual Three Par~y Agreement 10/18/00 Page 20 Deposit (X) Deposit Amount: $15,000 (X) Use of Deposit to Pay Consultant. Notwithstanding the sole duty and liability of Applicant to pay Consultant, if this paragraph is "checked", upon City's receipt of billing by Consultant, and determination by City in good faith that Consultant's billing is proper, ajudgment for which Applicant agrees to hold City harmless and waive any claim against City, City shall pay Consultant's billing fi.om the amount of the Deposit. If Applicant shall protest the propriety of a billing to City in advance of payment, City shall consider Applicant's protest and any evidence submitted prior to the due date for the payment of said bill by Applicant in making its good faith determination of propriety. Applicant agrees to maintain a minimum balance of $10,000 in subject account which shall be immediately replenished upon the request of the City. ( Use of Deposit as Security Only; Applicant to Make Billing Payments. Upon determination by City made in good faith that Consultant is entitled to compensation which shall remain unpaid by Applicant 30 days after billing, City may, at its option, use the Deposit to pay said billing. (X) Bill Processing: A. Consultant's Billing to be submitted for the following period of time: (X) Monthly ( ) Quarterly ( ) Other: B. Day of the Period for submission of Consultant's Billing: (X) First of the Month ( ) 15th Day of each Month ( ) End of the Month ( ) Other: C. City's Account Number: To be assigned after agreement is processed. Three Party Agreement 10/18/00 Page 21 / q-0% COUNCIL AGENDA STATEMENT Item: ,~C) Meeting Date: 10/24/00 ITEM TITLE: Resolution of the Chula Vista City Council granting a Conditional Use Permit, PCC 00-57, to allow conversion of a residential dwelling to a residential care facility (Friendship Board & Care) at 247 Fourth Avenue. SUBMITTED BY: Director of planning and Building/~ REVIEWED BY: City Manager ~/~ 9~ (4/5tbs Vote: Yes No X) The property owner proposes to convert a two 2-bedroom duplex into a five-bedroom ambulatory residential care facility for seniors. In addition to the five seniors, a facility manager will also live on-site under the direction of the property owner, who is a licensed clinical social worker. The Environmental Review Coordinator prepared a Negative Declaration that was posted on July 13, 2000 and is recommended for adoption. RECOMMENDATION: That the City Council approve the attached resolution. BOARDS/COMMISSIONS RECOMMENDATION: On September 13, 2000, the Planning Commission voted (7 - 0) to adopt Planning Commission Resolution PCC-00-57, recommending the City Council adopt the Negative Declaration and approve the Conditional Use Permit with the conditions and findings contained in the attached City Council Resolution. On July 17, 2000, the Resource Conservation Commission determined that the Initial Study was adequate and recommended adoption of the Negative Declaration. DISCUSSION: 1. Site Characteristics he site consists of a residential lot on the northeast comer of Fourth Avenue and Davidson Street. The 6,644-square foot lot contains a one-story duplex with six parking spaces. The site area is surrounded by residential and public uses, including Friendship Park and the Chula Vista Public Library to the south, the Civic Center Police Station to the west, and the Chamber of Commerce building three residences to the north. Page 2, Item: Meeting Date: 10/24/00 2. General Plan, Zoning and Land Use GENERAL PLAN ZONING CURRENT LAND USE Site: Professional & Administrative COP Residential Duplex North: Professional & Administrative COP Residential Duplex South: Public/Quasi-Public CO Friendship Park/Library East: Residential High R-3 Residential Triplex West: Residential Low Medium R- 1 Residential Single Family 3. Proposal he proposal is to allow for a residential care facility for seniors. The facility would be for ambulatory seniors who are able to live independently with minimal assistance, and the resident manager is not required to be a nurse. Residential care facilities and senior housing developments are considered unclassified uses within the CO Zone, and require Conditional Use Permits. Code: Residential care facilities for the elderly are interpreted to be "hospitals, including, but not limited to, emergency, general, convalescent, rest homes, nursing homes (for the aged, crippled, mentally retarded of all ages), psychiatric, etc." under the unclassified uses (Section 19.54.020-H) of the Zoning Code. The Code allows for churches, hospitals, and convalescent hospitals, religious, or eleemosynary institutions with a Conditional Use Permit in the CO zone, where this facility would be situated. According to the Code, the Planning Commission and City Council must approve such developments, and may make exceptions to the density, off-street parking, minimum unit size, open space, setbacks, building height, and yard areas to provide an adequate living environment both within the development and on nearby properties, provided that the development will be available to only seniors. Facility: The State of California Community Care Licensing Division considers the facility a "Residential Care Facility (RCF) for the Elderly". The definitions and regulations are attached. The owner of the property in this case is a Licensed Clinical Social Worker (LCSW) and will be the licensed administrator of the facility; however, since the facility only provides custodial care rather than nursing care, the regulations for the on-site personnel do not require a nurse or license for the actual caregiver (at facilities of less than 16 persons). The owner/administrator will have the responsibility and authority to carry out the policies of the state license. The state regulations only require that the on-site staff person be an adult (18 Page 3, Item: Meeting Date: 10/24/00 years of age or older) of good character and a continuing reputation of personal integrity, with experience in basic supervision and caring for the elderly. In addition, the State Department of Social Services will oversee the operation and will provide routine inspection visits as a condition of granting the RCF license. The facility manager must be available to provide care and supervision in the following nine areas: (1) assist with personal hygiene, (2) taking medication, (3) storing and distribution of medication, (4) arrangements for medical and dental care, (5) maintenance of house rules, (6) supervision of client schedules and activities, (7) maintenance of client cash resources of property, (8) monitoring of food intake or special diets, and (9) the providing of basic services to maintain the facility. 4. Analysis The facility appears to be a good fit for the location. Although the property is located in a commercial office zone, and has been used for professional (medical) offices in the past, the structure retains the appearance of a single family residential home near other residences. There is also a demand for private residential housing for seniors. The facility will entail minimal interior structural building changes. The structure currently appears as a residential duplex dwelling but has been used for various community services for the past twenty years. A door opening between the two units has been installed, and the kitchen in the rear unit will be converted to a room for the resident manager. The remaining four bedrooms will provide three single rooms and one double room for the five senior residents. As part of the building permit approval for the above alterations, conditions of approval will require that the property undergo general repair, upgrade, and painting of the exterior elevations, including the doors, windows, fascia, elevated wood deck, and railings as part of the approval of the residential care facility use. Setbacks and Parking: The required setbacks in the CO zone are 10-ft. for the front, exterior side, and rear yards (when adjacent to a residential zone), and zero for the interior yard in the CO Zone. The site plan shows that the setbacks are maintained on all sides except the front, due to a handicap access ramp. An elevated deck extends an average of 8 to 10-ft. in width on the front and side of the house, as well as along the interior side yard property line, except for a landscaped box area towards the front. Regarding the handicap ramp, the Code states that a landing may extend up to six feet into a required yard area. In this case the ramp extends the entire length of the 1 O-ft. front yard setback, which is four feet beyond the Code allowance; however, the ramp is required for Page 4, Item: Meeting Date: 10/24/00 handicapped access to make the transition from the floor level of the house (and deck) to the level of the sidewalk. The existing building permits show that the elevated decking and other architectural features were permitted as part of the conversion from residential use to professional office space in 1977 as a part of a Planning Commission permit (PCM-76-25). The residential garage was demolished at the time that the conversion to office space was permitted. As a result, there is available parking in the rear, for up to six vehicles. Since the Code requires one parking space per three beds in homes for the aged, the number of parking spaces exceeds the requirement by four spaces. It is anticipated that parking demand will be limited to resident staff and visitors. Traffic: The conversion of the duplex residential structure to a five-person board and care facility would have a negligible effect on traffic patterns and volumes on adjacent streets. The generation rate for the proposed facility is estimated at 4 average daily trips (ADT) per patient. The current use generates 16 ADT and the proposed use would be expected to generate 20 ADT. Open Space and Landscaping: Because of the parking area, there is no usable rear yard area, but there is a substantial usable interior side yard wrapping around to the front of the residence because of the existing elevated wood deck. There is a large landscape planter area within this wood deck area. In addition, the front and exterior side yards facing Fourth Avenue and Davidson Street are substantially landscaped areas. There are large shrubs and groundcover in all open space areas. There is a palm tree adjacent to the interior side yard. There are pine trees in the front and exterior side yards. There is additional groundcover and pine trees along the rear property line shading the parking. The proximity of Friendship Park is an adjacent landscaped tree-filled open space amenity that is just a short walk across Davidson Street. 5. Conclusion Based on the location and the surrounding land uses, the use of the property for a residential care facility would be appropriate at this location; therefore staff is recommending approval of the application for the Friendship Board and Care residential care facility for the elderly, based upon the findings and subject to the conditions of approval. FISCAL IMPACT: Applicant has paid or will pay all processing fees. Page 5, Item: Meeting Date: 10/24/00 ATTACHMENTS: 1. Locator Map 2. Planning Commission Resolution 3. Planning Commission Minutes 4. Application Documents with Disclosure Statement 5. Site Plan/Floor Plan (H:\HOME\PLANNING\HAROLD\CC00-57 .DOC) FRIENDSHIP PARK POLICE STATION CIVIC CENTER LIBRARY PARK PLAZA CIVIC CENTER TELECENTER MEMORIAL PARK LOCATOR PROJECT GLEN COMING PROJECT DESCRIPTION: ( ~ ^PP,,C~T: CONDITIONAL USE PERMIT PROJECT 247 - 249 Fourth Avenue ADDRESS: Request: Proposed use of an existing building in a residential area to be utilized as a small "Board & Cam" facility to house SCALE: FILE NUMBER: (5) ambulatory seniom and provide general care, meals, NORTH No Scale PCC - 00-57 housekeeping, and a dignified quality of life. h:\home\planning\hector\locators\PCC0057.cdr 05/22/00 / RESOLUTION NO. PCC 00-57 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL GRANT A CONDITIONAL USE PERMIT, PCC 00-57, TO ALLOW CONVERSION OF A RESIDENTIAL DWELLING TO A RESIDENTIAL CARE FACILITY (FRIENDSHIP BOARD AND CARE) AT 247 FOURTH AVENUE. WHEREAS, a duly verified application for a conditional use permit was filed with the City of Chula Vista Planning Department on April 27, 2000 by Glen Coming; and WHEREAS, said applicant requests permission to remodel an existing duplex dwelling into a residential care facility for five ambulatory seniors, at 247-249 Fourth Avenue; and WHEREAS, the Resource Conservation Commission determined that the initial study was adequate and recomanended adoption of the Negative Declaration as to the effects of thc proposal on thc environment in compllance with the Cali£omia Environmental Quality Act; and WHEREAS, the Planning Director set the time and place £or a hearing on said conditional use permit and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners and residents within 300-ft. of the exterior boundaries of the property at least I0 days prior to the hearing; and WHEREAS, thc hearing was held at the time and place as advertised, namely September 13, 2000 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and WHEREAS, the Planning Commission considered all reports, evidence, and testimony presented at the public hearing with respect to subject application. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION does hereby recommend that the City Council approve Conditional Use Permit ]?CC 00-57 in accordance with the findings and subject to the conditions and findings contained in the attached City Council Resolution. BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 13th day of September, 2000, by the following vote, to-wit: AYES: Chair Thomas, Commissioners Castaneda, Hall, Cortes, Willett, McCann, O'Neill NOES: ABSTAIN: Bob Thomas, Chair ATTEST: Diana Vargas, Secretary to Planning Commission Planning Commission Minutes - 2 - September 13, 2000 2. PUBLIC HEARING: PCC-00-57; Conditional Use Permit to allow conversion of a residential dwelling to a residential care facility for five ambulatory senior. Background: Harold Phelps, Associate Planner reported that the applicant is proposing to convert a two 2-bedroom duplex into a five 5~bedroom ambulatory residential care facility for senior citizens. A facility manager will live on site under the direction of the property owner, who is a licensed Clinical Social Worker. Although the property is located in a Commercial Office zone, it has been used for various community uses in the past and the structure retains the appearance of a single-family residence. A door opening between the two units has been installed, and the kitchen in the rear unit will be converted to a room for the resident manager. The remaining 4 bedrooms will provide 3 single rooms and 1 double room for the 5 senior residents. The site will meet setback, parking, open space and landscape requirements. The Conditions of Approval will require that the property undergo general repair, upgrade and painting. Staff Recommendation: That the Planning Commission adopt Resolution PCC-00-57 recommending that the City Council adopt the Negative Declaration and approve the Conditional Use Permit in accordance with the conditions and findings contained therein for a residential care facility. Commission Discussion: Commissioner Willett asked if this type of facility would require compliance with ADA requirements, and to what extent does the State licensing involve itself in ensuring that these requirements are met. Cmr. Willett stated that he had concern with the patio area and the lack of back restraint or railing along the seating area, which poses a danger where people could fall back over the side. Additionally, there is a trap door on the patio floor that is raised and also poses a threat for stumbling or tripping over it. Mr. Phelps responded that a building permits would be required for the upgrades and the Building Division would conduct building inspections to ensure that all UBC codes and ADA requirements are being met. Ann Moore, Assistant City Attorney stated that Condition #3 requires them to obtain building permits, which requires compliance with the Uniform Building Code. Ms. Moore indicated that the State license deals strictly with the parameters of their operation, not the construction of the facility, which is regulated by the City. Planning Commission Minutes - 3 - September 13, 2000 Ms. Moore further stated that the Uniform Building Code addresses the safety of the building and covers ADA requirements. It does not, however, address unsafe conditions that may be on the premises. The City would never expect to be regulating the safety of premises because the liability would be enormous. What the City regulates is the construction and safety of the building. The assumption is that when the State licenses such a facility, they would probably inspect and check for those types of things because they deal with the operation of the premises and these types of conditions would probably be what they would most likely be looking at. Public Hearing Opened 6:40. Glenn Cummins, Clinical Social Worker and owner of the property, stated he has worked in many board and care facilities and in the field of home health care for seniors. This type of facility provides an option for senior when the family feels it is not safe for them to be on their own any longer and yet are ambulatory and in general good health. This allows the senior to maintain independent living for as long as possible. Mr. Cummins stated there are two types of State licensing in the board and care industry and the following is a list of services a Residential Care Facility can offer: · Assist in dressing, grooming, bathing and other personal hygiene · Assist with taking medication and storing medication · Have a central storage place for their financial matters. The facility does not manage their financial matters, but they can store money for them · Arrange and assist with medical and dental appointments · Maintain certain kinds of protective rules for them · Supervision of clients schedules and activities · Can maintain or supervise cash resources on the property · Monitor food intake or special diet The location of this property is optimal for ambulatory senior because it is in close proximity to the senior center, library, parks, and some medical facilities. This particular location has been under the watchful eye of the City as it was once a learning center, a family counseling/guidance center and as such the City made sure that the facility met ADA requirements. Mr. Cummins stated that he had not considered the trap door on the gas and electric meter to be a safety hazard, and would certainly look into seeing what can be done remove that potential danger. Additionally, he stated he would be glad to install a railing of some type in the patio area to prevent any falls. Public Hearing Closed 6:45 Commissioner McCann stated he believes this proposal is an appropriate use and fit for this area, and stated that this is probably one of many such facilities to come down the pike line Planning Commission Minutes - 4 - September 13, 2000 because of the demand that baby-boomers will create having a longer life expectancy, therefore, he is in support of the project once the compliance issues are resolved. MSC (Willetl~McCann) (7-0) that the Planning Commission adopt Resolution PCC-00-57 recommending that the City Council adopt the Negative Declaration and approve the Conditional Use Permit in accordance with the conditions and findings contained therein for a residential care facility. Motion carried. 3. REPORT: Wireless Communication Facilities round: Beverly Blessent, Senior Planner reported that in 1996 the City participated in a IDAG Regional Workshop on wireless communication facilities and as a result an Issues which is the most current regional document available on the sub ~mmunications facilities processed by the City require a Conditional U~ and ed Uses" and are see in similar nature to radio transmitters. There are two ways to ew these applications. The first and sim administrative review by the Zonin '~istrator; the second would be a publi~ which would require approval by Commission as well as the City C Both reviews would have a noticing requirement. , new building or substantial structural improvements, it is it reviewed by the Zoning Administrator. Those that require a public hearing and review I ~ Planning Commission and City Council are those that involve monopole and/or or those which the Zoning Administrator feels are somewhat or ther( ~eighborhood opposition. ,~. Based on a dramatic increase in th( of facilities that'l~ve recently been processed, staff believes that this is an ap~ ~riate time to review the'"~isting policy and draft comprehensive program for t~ ~=~e t¥ ,es of facilities. As a note, in J~l~ and August, 10 out of 17 applications for a Condi~ ~al Use Permit were for wireless commutation facilities. In conclusion, Ms. BI ~ent st~ Ced that staff has contacted SAN DAG to receive~put from other jurisdictions to ~v they are handling these facilities and will be plann~ to have a workshop in future that will hopefully includ? rep. r.esentatives from tge~.,various jurisdiction carriers, and experts in the industry. ~ Discussion: ~commended that somehow staff should apprise the building community early in the approval process that their site meets certain desired criteria for wireless communication facilities and that if they are approached by a provider with such a request, that they know that , . .' '~, ~V?- ~.~ ~~~~ em OF CHUlA VISTA .- , AlTAUII/JEif{ f Development Processing Application Form - Type A Page One CITY OF CHULA VISTA Planning & Building Department 276 Fourth Avenue (619)691-5101 TYPE OF REVIEW REQUESTED Conditional Use Permit (staff use onlv) Case No.: Filing Date: Lt(Z7(f)O By: 1J S Assigned Planner: Il---LJ Ptdt> Receipt No,: Project Acct: ~ t.1- f'" '- L/r,j- J83 Deposit Acct: Df{ ,,<{7 Related Cases: :J=S-O-O--G{ p o Z.A. ~ Public Hearing o Variance o Design Review o Special Land Use Permit (Redevelopment Area Only) o Miscellaneous: APPLICANT INFORMATION I Applicant Name J CO"'/~ Applicant Address Phone No. 'St'rrV /:)le6-i> e./J 'J ~/ 6 If applicant is not owner, owne~s authorization o Optio to purchase is required to process request. See signature on Page Two. Phone No. Applicanfs Interest in Property ~Own 0 Lease 0 In Escrow GENERAL PROJECT DESCRIPTION (for all types) Proposed Use ~S~ Fe Architect/Agent ?tClIJ~s 10 &1<~ILAe~O Architect/Agent Address Project Name - 1,,"'.iS I i~,ftt n:>/. General Descri tion of Proposed Project (Please use Appendix A to provide a full description and Justification for the project) . .__ .. ll:> P- RCFj~~t/~~~,~~ l'{tle~ ~ ?= ,~ ~ fa ~ ~~ .t--1 ~~ ~ .,....uJL "} ~ !JeJ.... ~ ~ ~, ~ ~ WL,a ~ 5", Has a representative attended a Pre-Applicaflon Conference to diSC~ this projec1? If so, what was the date? Pre-App No.: 11- /) 10, ll7' l/-P <; / I SUBJECT PROPERTY INFORMATION (for all types) Location/ treet Address 1"Th L "<...., 9/9/ () Redevelopment Area (if applicable) urren Cof~ lanne tYo.'QI1 Is this in Montgomery S.P.? No (p FORM A.DEV PL (Fl'IGE 1 OF 2) ...::)C~ - \, \ 11/99 bevelopment Processing CITY OF CHULA VISTA Planning & Building Department Application Form aw O!: 276 Fourth Avenue Page lwo CHUlA VISIA (619)691-5101 I (staff use only) Case No.: PROPOSED PROJECT (all t~pes) Type of Use Proposed Landscape Coverage (% of Lot) ~J. Residential E]Comm. E]lnd. E]Other Bu ding Coverage (°/gelLer) RESIDENTIAL PROJECT SUMMARY Type of Dwelling Unit(s) Number of Lots No. of Dwelling Units Proposed Existing 1BR 2BR 3+BR Total Densily (PUs/acre) Maximum Building Height Minimum Lot Size Average Lot 5ize Parking Sl:)aces Total Off-street Type of Parking (size; whether coveredI Required by Code: Provided: ,~ -/- //,/,~ Open Space Description (Acres eaoh of private, common, and landsoaping) NON-RESIDENTIAL PROJECT SUMMARY Gross Floor Area Esr) Proposed Existing Building Height Hours of Operation (Days & Hours) Anticipated Total Cf Employees Max. Cf of Employees at any one time Parking Spaces Required Spaces Provided Type of parking (size) # of Students/Children (Jr applicable) Age et students/children jif appllcableJ 5eating L;apaciW Print Applicant~"~f< '~' or Agent Name A.opli~;x~nt or Agent Signatur~J'~ Date L/ T Print Owner Name Owner Signature* Date (Required if Applloant is not Owner} * Letter of awner consent may be used in lieu of signature, 7 FORM A-PAGE 2 OF 2 _.,~'~ (~ -- 15. 11/99 Appendix A PROJECT DESCRIPTION AND JUSTIFICATION PROJECT NAME: F~, I ~'~' '~ .~/~ I P ~o~ i,~-J ~' ~-,/.,{/'u~ _ APPLICANT NAME: Please describe fully the proposed project, any and all construction that may be accomplished as a result of approval of this project and the project's benefits to yourself, the property, the neighborhood and the City of Chula Vista. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. For all Conditional Use Permits or Variances, please address the required "Findings" as listed in listed in the Application prOcedural Guide. Description & Justification. Appendix B THE CI I-Y OF CHULA VISTA DISCLOSURE S ,,~¥EMENT You are required to file a Statement of Disclosure of certain ownership or financial interests, payments, or campaign contributions, on all mattem which will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: 1. List the names of all pemons having financial interest in the property which is the subject of the application or the contract, e.g., owner applicant, contractor, subcontractor, material supplier. 2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. 3. If any person* identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. 4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees, and Council within the past twelve months? Yes No If yes, please indicate person(s): /f,),/.,~ 5. Please identify each and every person, including any agents, employees, consultants, or independent contractors who you have assigned to represent you before the City in this matter. 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election period? Yes __ No X If yes, state which Councilmember(s): (NOTE: ATTACH ADDITIONAL PAGES AS NECES~SARY) Date: / / - '/ ,, S~nature of contractor/ap~ant Print or type name of contractor/applicant ? * Person is defined as: "Any individual, firm, co-partnership, joint venture, a~sociation, social club, freaternal organization, corporation, estate, truxt, receiver, syndicate, this and any other county, city and country, city municipality, district, or other political subdivision, or any other group or combination acting as a unit." APPENDIX C (l of 3) DEVELOPMENT PERMIT PROCESSING AGREEMENT Permit Applicant: ~?l.~ A) ~ o n/t, Applicant'sAddress: 100 ~::~tbK ¢"~/,0. ~,5.47V /~/~-0 (-'/I-. ~.2./~c/ Type of Permit: ~o /¢ d177 ,,/v,~ L '[.z. 5,~, ~.,.',4[ ~' ' ' Agreement Date: z/- ,~ 7- O0 Deposit Amount: ~ ,~OOD, o~ This Agreement ("Agreement") between the City of Chula Vista, a chartered municipal corporation ("City") and the forenamed applicant for a development permit ("Applicant"), effective as of the Agreement Date set forth above, is made with reference to the following facts: VVhereas, Applicant has applied to the City for a permit of the type aforereferenced ("Permit") which the City has required to be obtained as a condition to permitting Applicant to develop a parcel of property; and, Whereas, the City will incur expenses in order to process said permit through the vadous departments and before the various boards and commissions of the City ("Processing Services"); and, Whereas the purpose of this agreement is to reimburse the City for all expenses it will incur in connection with providing the Processing Services; Now, therefore, the parties do hereby agree, in exchange for the mutual promises herein contained, as follows: 1. Applicant's Duty to Pay. Applicant shall pay all of City's expenses incurred in providing Processing Services related to Applicant's Permit, including all of City's direct and overhead costs related thereto. This duty of Applicant shall be referred to herein as "Applicant's Duty to Pay." 1.1. Applicant's Deposit Duty. As partial performance of Applicant's Duty to Pay, Applicant shall deposit the amount aforereferenced ("Deposit"). 1.1.1. City shall charge its lawful expenses incurred in providing Processing Services against Applicant's Deposit. If, after the conclusion of processing Applicant's Permit, any portion of the Deposit remains, City shall return said balance to Applicant without interest thereon. If, during the processing of Applicant's Permit, the amount of the Deposit becomes exhausted, or is imminently likely to become exhausted in the opinion of the e City, upon notice of same by City, Applicant shall forthwith provide such additional deposit as City shall calculate as reasonably necessary to continue Processing Services. The duty of Applicant to initially deposit and to supplement said deposit as herein required shall be known as "Applicant's Deposit Duty". 2. City's Duty. City shall, upon the condition that Applicant is no in breach of Applicant's Duty to Pay or Applicant's Deposit Duty, use good faith to provide processing services in relation to Applicant's Permit application. 2.1. City shall have no liability hereunder to Applicant for the failure to process Applicant's Permit application, or for failure to process Applicant's Permit within the time frame requested by Applicant or estimated by City. ·: APPENDIX C ~ (2 of 3) 2.2. By execution of this agreement Applicant shall have no right to the Permit for which Applicant has applied. City shall use its discretion in valuating Applicant's Permit Application without regard to Applicant's promise to pay for the Processing Services, or the execution of the Agreement. 3. Remedies. 3.1. Suspension of Processing In addition to all other rights and remedies which the City shall otherwise have at law or equity, the City has the right to suspend and/or withhold the processing of the Permit which is the subject matter of this Agreement, as well as the Permit which may be the subject matter of any other Permit which Applicant has before the City. 3.2. Civil Collection In addition to all other rights and remedies which the City shall otherwise have at law or equity, the City has the right to collect all sums which are or may become due hereunder by civil action, and upon instituting litigation to collect same, the prevailing party shall be entitled to reasonable attorney's fees and costs. 4. Miscellaneous. 4.1 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested at the addresses identified adjacent to the signatures of the parties represented. 4.2 Governing LawNenue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. 4.3. Multiple Signatories. If there are multiple signatories to this agreement on behalf of Applicant, each of such signatories shall be jointly and severally liable for the performance of Applicant's duties herein set forth. 4.4. Signatory Authority. This signatory to this agreement hereby warrants and represents that he is the duly designated agent for the Applicant and has been duly authorized by the Applicant to execute this Agreement on behalf of the Applicant. Signatory shall be personally liable for Applicant's Duty to Pay and Applicant's Duty to Deposit in the event he has not been authorized to execute this Agreement by Applicant. · APPENDIX C ~/ 0 of~) 4.5 Hold Harmless. Applicant shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against any claims, suits, actions or proceedings, judicial or administrative, for writs, orders, injunction or other relief, damages, liability, cost and expense (including without limitation attorneys' fees) arising out of City's actions in processing or issuing Applicant's Permit, or in exercising any discretion related thereto including but not limited to the giving of proper environmental review, the holding of public hearings, the extension of due process rights, except only for those claims, suits, actions or proceedings arising from the sole negligence or sole willful conduct of the City, its officers, or employees known to, but not objected to, by the Applicant. Applicant's indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgement or not. Further, Applicant, at its own expense, shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Applicant's indemnification of City shall not be limited by any prior or subsequent declaration by the Applicant. At its sole discretion, the City may participate at its own expense in the defense of any such actin, but such participation shall not relieve the applicant of any obligation imposed by this condition· 4.6 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this agreement against the City unless a claim has first been presented in writing and filed with the City of Chula Vista and acted upon by the City of Chula Vista in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. Now therefore, the parties hereto, having read and understood the terms and conditions of this agreement, do hereby express their consent to the terms hereof by setting their hand hereto on the date set forth adjacent thereto. Dated: ~/· ~ 7- 0 0 City of Chula Vista .~,.~7 ~, .~j (~6uiFa°~i~stha,A;,~nue Dated: By: CONDITIONAL USE PERMIT Friendship Board and Care 247-249 4t~ Ave, Chula Vista, Ca. 91910 REQLrlRED FINDINGS: l.That the proposed use at the particular location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the comrmmity. It is almost certain that the Board and Care facility will provide the Ch[da Vista community with an increased number of desirable alternative care units for seniors whose ability to be independent d°es not yet warrant nursin~me care yet does require a safe environment and assistance with activities of daily living.~rhis is a desirable site due to it's close proximity to senior services, day care, medical, transportation and socialization services. It is good for the commllnity tO look after it's elderly and provide aging with dignity and housing that promotes this goal which thi~ project does. Each senior will have their own private room and be able to bring personal affects and items fi.om their homes. Family members prefer thi~ type of placement option over crowded nursing homes with shared rooms and noisy hallways. 2.That such use will not, under the circumstances of the particular ease ,be detrimental to the health, safety or general welfare of the persons residing or working in the vicinity, or injurious to property or improvements in the vicinity. A care facility for 5 ambulatory seniors who need minimal assistance with daily activities will not harm or be detrimental to the health, safety or general welfare of the persons residing or working in the vicinity. This is not a nursing home and there will be no tmalrnent or therapy conducted in this facility. This is not a medical facility. It will not be injurious to the improvements in the vicinity. 3.That the proposed use will comply with the regulations and conditions specified in this code for such use. The use of this property as a Board and Care will comply with all that is required by the code and City of Chula Vista as proposed in the Conditional Use Permit. 4.That the granting of this conditional use will not adversely affect the general plan of the city or the adopted plan of any governmental agency. As there are no major changes to the property and this property has housed various community services for the past 20 years without in any way adversely affecting the general plan of the city. The current proposed use as alternative housing for seniors will not detract from the general plan or the adopted plan of any governmental agency. Residential Board and Care 247-249 4* ave,Chula Vista,CA. 91910 Project Description and Justification Senior care is a critical issue today with fewer facilities available to care for the elderly and increased life span of our current seniors. There is a serious need for private residential housing to meet the demand for seniors no longer able to live independently and need moderate" assistance with daily activities. The families face tough decisions when they consider the options. Skilled nursing facilities,nursing homes, provides the least quality of life for the active senior who is still able to get around. RCF's (residential care facilities) such as this project, provide a very desirable option which allows our seniors to live out their life in a home environment, have a private room, their personal belongings, be close to friends and family, and close to community resources where they can still go for recreation, social companionship and medical care. This project proposes to use an existing building in a residential area (the building and site was residential itself for many years) without any new construction or changes that would affect the immediate neighbors or the community. The project proposes to use the five bedrooms available to house 5 ambulatory seniors who would be looked after and given general care, meals, housekeeping, shopping, transportation, and access to the resources close by which contribute to maintaining a dignified quality of life. This site is perfect for this use. Seniors benefit and utilize community resources far more when they are able to get to them quickly. At this site the have: 1. A beautiful Friendship park directly across the street to walk in or to exercise, 2. A library within walking distance with various senior programs provided weekly; 3. Medical offices 1 block away; hospital 3 blocks away; 4. Shopping within 1 block with caft's, theatres, restaurants. 5. A senior center three blocks away for day care and outings, and socialization. What could be more ideal. The building has a beautiful sitting deck safe from traffic and street noise, handicap ramps for easy walking to the entrance. The interior provides adequate space for 5 to live comfortable together. The owner is a LCSW,(lieeneed clinical Social Worker) and is currently employed by a hospice agency and is very well qualified to run such a facility. It's everyday manager is a trained caregiver with nursing background who has operated other board and cares. This facility does not propose to do any intensive nursing care only custodial care. The operation is overseen by the State of California Dept. O f Social Services who also will be routinely inspecting the facility and granting the RCF license. This ensures that there will be high quality of service maintained and standards of excellence to meeX to maintain the license. The city of Chula Vista will benefit from this project by providing increased beds available to area seniors and their families. South Bay has a shortage of this type of private facility from our inquiry with local placement agencies. They have expressed encouragement to us that Chula Vista needs more resources of this type. There is no adverse or negative impact on the community or surrounding neighbors. This is not a noisy type of business. There is no more noise or disturbance with this residence than with private tenants or residents. Most residents would hardly know they have a Board and Care in the community and if they are aware they are supportive and often provide assistance, volunteer time, take residents on outings, and it provides community members with opportunities to care for the elderly. This project benefits the owner in the sense that it's current office or commercial zoning is difficult to fred adequate tenants for older structures like this. With all the newer office space available in the city this is not competitive or that attractive to those seeking good locati6~ts for office space. Therefore it provides a ppportunity for using this space to fill a community need which is in demand and ideal for the use being proposed. We hope that you will find this adequate justification for granting this conditional use permit. Thank you so much Glen S. Coming LCSW, owner. 7/19/00 Chula Vista Planning Dept Mr. Harold Phelps Re; Friendship Board and Care PLANNIN(~ Case #IS-00-48 ...... Dear Mr. Phelps; Per your request I have asked Emesto Guerrero to make the additions as you described to me. He will drop those copies offto you this Friday 7/21 Please note that the door way or passage way between the two Units is in fact already in existence. It was put there some years ago when the building was a learning center. It simply has some drywall covering it up but essentially the framing etc was done long ago. I don't think Emesto remembered that when he did the drawing and measuring. I've enclosed from the RCF manuel the care activities provided in a Board and Care. The Definitions sheet lists 9 activities. The caregiver therefore does not need any licence for this or anything more that basic supervision and experience caring for the elderly. I've also included the Personnel requirement section 87564,87565,87566 to show what the employee requirements are. I hope this assists you in your presentation. Once again may I remind you I will be out of town from Aug 16 to Sept 4 and have no one available to represent me so I urge you to try to schedule the hearing for Aug 9 as we has discussed..Thanks so much for your consideration of this point. Sincerely y~ , ~e S.C° !,g,ow e a Manual of Policies and Procedures COMMUNITM CARE LICENSING DIVISION 'RESIDENTIAL CARE FACILITIES FOR THE ELDERLY Title 22 Division 6 STATE OF CALIFORNIA Gray Davis, Governor HEALTH AND HUMAN SERVICES AGENCY Grantland Johnson, Secretary · DEPARTMENT OF SOCIAL SERVICES Rita Saenz, Director Distrfbuted Under the Library Distrfbut~on Act December 1998 (Reprinted January 2000) DEFINITIONS ADULT (Section 80001) means a person who is 18 years of age or older. BASIC SERVICES (Section 80001b(2)) means those services required by applicable law and regulation to be provided by the licensee in order to obtain and maintain a community care facility license. CAPACIT~ (Section 80001c(1)) means that maximum number of persons authorized to be provided care and supervision at anyone time in any facility. CARE&SUPERVISION (Section 80001c(2)(A)-(I))means anyone or more of the following activities provided by a person or facility to meet the needs of the clients: 1. Assistance in the dressing, grooming, bathing and other personal hygiene. 2. Assistance with taking medication as specified in Section 80075. 3. Central storing and/or distribution of ~edications, as specified in Section 80075. Arrangement of and assistance with medical and dental care. 5. Maintenance of house rules for the protection of clients. 6. Supervision of client schedules and activities. 7. Maintenance and/or supervision of client cash resources of property. Monitoring food intake or special diets. 9. Providing basic services as defined in Section 80001b(2). CHILD (Section 80001c.(4)) means a person who is under 18 years of age. CLIENT (Section 80001c(6)) means a child or adult who is receiving care and supervision in a community care facility. Client includes "resident" as used in the Community Care ~acility Act. COM~/~UNITY CARE FACILITY (Section 80001c(7)) means any facility, place or building where nonmedical care and supervision, as defined in Section 80001c(2) are provided. COMPLETED APPLICATION (Section 80001c(8)) means: 1. The applicant has submitted and the licensing agency has received all req~/ired materials including; an approved fire clearance, if appropriate, from the State Fire Marshall, a criminal record clearance on the applicant and any other individuals specified in Section 80019. 2. The licensing agency has completed a site visit to the facility. 87.~63 PROVISION FOR 8'/.~63 ~idmiuistrator. ADMINISTRATOR (Continued) (3) . Administrators who possess a valid nursing home administrator license shall (b) The administrator of a facility or facilities shall exempt from this requi~ment. have thc respo~ibility and authority to carry out thc policies of the licensee. (4) Administrators required to complete a certification program shall pass a standardized (c) When a change of administrator occurs, the te~t administered by the Department. licensing agency shall be notified, in writing and the following information shall be submitted within fifteen ('o) The administrator shall have the qualifications (15) working days of the change: specified in (1) through (5) below. If the licensee is also the adtninistrator all requirements for an (1) Name and address, of the new administrator shall apply. administrator. (1) Knowledge of the requirements for (2) Date he/she assumed office, providing care and supervtsion appropriate to the residents. (3) Brief description of his/her background . ' and qtmlifications. . (2) - Knowledge of and abilit~ to conform : . , the applicable laws, rules and regulations. . (4) ,Fingerprint cards. .- ? :. ' ,~ - .= ~ _.. (3) _ Ability to main.ti~in or sUpervise the (5) A copy of t~e certificate'0f completion maintenance of fihuncial and other.reCords. of an approved certification program, unless - exempt from this requirement by possession of (4) When applicable, the ability to direct a valid nursing home administrator license. ~ -the.work of others. NO : Authority cited: Section 1569.30. Health and (5) Good charact~} and a continuing Safety Code, Reference: Sections 1569.1, 1569,2; _ '_ reputation ofl~r~onalintegrity. 1569.17, 1569.30, 1569.31,- I569.312, 1569.615 and _ . 1569.62. Health and Safety Code. (c) The administrator of a facility licensed for . ~ · _ sixteen (16) to forty-nine (49) residents shall havi compl.eted at least fifteen college or continuing 87~64 ADMINISTRATOR .87.qO$ education units; and'shall have at least one year's ~ QUALIlelCATIONS AND DUTIES experience providing residential care to the ~lderiy; or equivalent e~incation and experience as approved by the (a) All administrators shall successfully complete licensing agency. an app, roved certificatiou program. (d) The administrator in facilitibs licensed for fifty (1) Individuals employed as an (50) or more shall.have two years of college; at lenst administrator as of December 30, 1992 shall ~ years experience providing residential care to the have completed an approved certification elderly; or equivalent, education and experience as program on or before that date, approved by the. licensing agency.- (2) As of December 31, 1992 individuals (e) All admlni.~'ators shall be required to complete shall c. omplete an approved certification at Iea~t 20 clock horn- of contin, ing education per year program prior to being cu~loyed as an in areas related to aging and/or administration. ;49- 87,~64 ADMINISTRATOR 87564 effectively with social agenCieS - QUALIFICATIONS AND DUTIES (Continued) NOTE: Authority cited: Section 1569.30, Health and Safety Code. Reference: Sections 1569.1, 1569.2, (f) Administrators emplOyed/licensed prior to the 1569.30, 1569.31, 1569.312, 1569.315, 1569.615 and effective date of these regulations shall not be required 1569.62, Health and Safety Cede. to comply with the provisions of (c) and (d) above. (g) The administrator shall have the responsibility 87565 PERSONNEL REQUIREMENTS - 87565 to: ' GENERAL (1) Administer the facility in accordance (a) .Facility personnel shall at all times be sufficient with these regulations and established policy, in numbers, and competent tO provide the services program and budget, necessary to meet resident needs. In facilities licensed -. for sixteen or more, sufficient support staff shall be (2) Where applicable, report to the licensee employed to ensure provision of personal assistance and on the operation Of the facility, and provide the care as required ia Section 87578. Additional staff licensee with necessary interpretations of shall be ~mployed as necessary to perform office work, recognized standards of care and supervision, cooklflg, house cleaning, laundering, and maintenance of buildings, equipment and grounds:- The licensing (3) · Develop an administrative plan and ~ agency may require any facility to provide additional procedures to ensure clear definition of lines of staff whensvef ~t determines through documentation that responsibility,-~equitable workloads, and ' the. needs or.the.particular residents, the extent of adequate supervision, services provided, or the physical arrangements of the facility require such additional staff for the provision of (4) - 'Recruit, employ and train qualified adequate services. staff, and terminate employment of staff who - perform in an unsatisfactory manner. Co) All persons Who supervise employees or who - ~ supervise0r c. are for residents shall be at least eighteen (5) Provide or ensure the provision of (18) years 0fage. services to the residents with appropriate regard for the residents' physical and mental well- (c) All persomlei shall be given oi~ the'job lxaining being and needs, including those services or have related experience in the job assigned to them. identified, in the 'residents' pre-admission This training and/or related experience shall provide appraisal, specified in Section 87583. knowledge of and skill in the following, as' appropriate for the job assigned and as evidenced:by'safe and (6) Make special provisions for the safety effective job perforumnce: .and guidance of residents with visual or auditory deficiencies. (1) 'Principles of good nutn'fion~goed food - preparation and storage, and menu planning. (7) Make provision for the resident with unmet needs, to attend 'a~vailable community (2) Housekeeping and aanitatiunprinciples. programs, including but .not limited to, arranging for transportation. (3) Skill and knowledge .required to provide necessary . resident care and (8) Have the personal characteristics, supervision, including the ability to physical energy and competence to provide care communicate with residents. and supervision and, where applicable', to work 87565 ' PERSONNEL REQUIREMENTS - 87565 violation as specified in Sectitn'87219(e): ' GENERAL (Continued) - - (2) Information regarding any prior (4) Knowledge required to safely assist convictions of a crime, with the exception of with prescribed medications which are self- any minor traffic violation as specified in administered. Section 872 l~(e). (5) Knowledge necessary in order to (A) If a person has been convicted recognize early signs of illness and the need for of a crime, other than a minor traffic professional help. violation as specified in Section 87219(e), he/she shall also (6) Knowledge of commumty services and acknowledge that Ns/her continued resources, employment or presence in the' facility is conditioned on approval of the (d) In facilities licensed for sixteen (16) ar more · licensing agency· there shall be a planned on the job training program m the areas above including orientation, skil! training and .(g) All services requiring specialized skills shall be continuing education, performed by personnel qualified by,.training or experience in accordance with recognized professional. (e) All personnel, including the licensee and standards. administrator, shall be in good. health, and physically and.mentally capable of performing assigned tasks. (h) Residents shall not be used'as substitutes for ' Good physical health shall, he verified b3/ a health required staff ibut' may, as a voluntary 'part of their · screening, including a chest x ray or an intraderrda program of activities, participate in household duties test, performed by a physician not more than six (6) and other tasks''suited to the resident's needs, and months prior to or seven (7) days after employment or abilities. . . - ' - . . licensure. A report shall be made of each screening ..... signed by the examining physician.. The report shall (i) Volunteers may be utilized but may'not be indicate whether the person is physically qualified to included in the facility staffing plan. Volunteers shall perform the duties to he assigned, and whether he/she he supervised. - .has any health condition that wOUld create a hazard to . him/herself, other staff members or residents.',A signed NOTE: Authority cited: Section 1569.30, Health and statement shall be obtained from each volunteer Safety Code. Reference: Sections 1569.17. 1569.30. affirming that he/she is in good health. Personnel with 1569.31 and 1569.312, Health and Safety Code; and evidence of physical illness or emotional instability that Section 42001, Vehicle Cede. poses a significant threat to the well-being of residents -- ' shall be relieved of their duties. 87566 PERSONNEL RECORDS 87566 (f) _ : pending receipt of a criminal record transcript, ·' :' ~ as specified in_Section. 87219, and prior to employment - (a) Employment - application forms shall be or at initial presence in the facility, all employees and completed and maintained on each employee and shall volunteers determined by the licensing agency to be available to the Depamnent or licensing agency for require criminal record clearances shall sign a statement review. Each personnel record shall contain under penalty of perjury, on a form provided by the following information: Department,'which conmina either of the following: . - " ' (1) Employee's flilI name. {1) A declaration that he/she has. not~en ..... ~ convicted of a crime, other than a minor traffic (2) Social Security mlmber... -51- RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF ~ CITY OF CHULA VISTA GRANTING A CONDITIONAL USE PERM/T, PCC 00-57, TO ALLOW CONVERSION OF A RESIDENTIAL DWELLING TO A RESIDENTIAL CARE FACILITY (FRIENDSHIP BOARD AND CARE) AT 247 FOURTH AVENUE. A. RECITALS 1. Project Site WHEREAS, the parcel which is the subject matter of this resolution is represented in Exhibit A attached hereto and incorporated herein by this reference, and for the purpose of general description is located at 247-249 Fourth Avenue ("Project Site"); and 2. Project Applicant WHEREAS, on April 27, 2000 a duly verified application for a conditional use permit (PCC 00-57) was filed with the City of Chula Vista Planning Department by Glen Coming ("Applicant"); and 3. Project Description; Application for Conditional Use Permit WHEREAS, applicant requests permission to convert a duplex residential dwelling into a five-bedroom ambulatory residential care facility for seniors on the project site; and 4. Planning Commission Record of Application WHEREAS, the Planning Commission held an advertised public heating on the project on September 13, 2000 and voted 7 - 0 recommending that the City Council approve the project in accordance with Resolution PCC 00-57; and 5. City Council Record of Application WHEREAS, a duly called and noticed public hearing on the project was held before the City Council of the City of Chula Vista on October 24, 2000; to receive the recommendation of the Planning Commission, and to hear public testimony with regard to the same. NOW, THEREFORE BE IT RESOLVED that the City Council does hereby find, determine, and resolve as follows: B. PLANNING COMMISSION RECORD Resolution No. __ Page 2 The proceedings and all evidence on the project introduced before the Planning Commission at their public hearing on this project held on September 13, 2000 and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. C. ENVIRONMENTAL DETERMINATION The Resource Conservation Commission determined that the Initial Study was adequate and recommended adoption of the Negative Declaration on July 17, 2000. The Planning Commission adopted the attached Resolution PCC 00-57 recommending that the City Council adopt the Negative Declaration on September 13, 2000. D. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council does hereby find that the environmental determination of the Resource Conservation Commission and the Planning Commission was reached in accordance with requirements of the California Environmental Quality Act, the State EIR Guidelines, and the Environmental Review Procedures of the City of Chula Vista. E. CONDITIONAL USE PERMIT FINDINGS The City Council of the City of Chula Vista does hereby make the findings required by the City's rules and regulations for the issuance of conditional use permits, as hereinbelow set forth, and sets forth, thereunder, the evidentiary basis that permits the stated finding to be made. 1. That the proposed use at this location is necessa~3~ or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. The facility will provide the neighborhood or community with an alternative care housing opportunity for seniors whose ability to be independent does not yet warrant full-time nursing home care. It is a desirable alternative since it will provide a safe environment in a home-like setting with assistance for various activities of dally living. This is a desirable location due to its dose proximity to other senior services, a pedestrian-oriented downtown, medical facilities, public transportation, parks and recreational services. It provides the neighborhood or community with elderly housing that allows for the aging to live in a dignified manner. Family members also prefer this housing option in lieu of crowded nursing homes. Three seniors will have their own private rooms and two will share a room and be able to bring personal affects and items from their homes. 2. That such use will not under the circumstances of the particular case be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. Resolution No. __ Page 3 A care facility for five ambulatory seniors who need minimal assistance with daily activities will not harm or be detrimental to the health, safety, or general welfare of the persons residing or working in the vicinity. This is not a nursing home and there will be no medical treatments or physical therapy conducted in the fac'flity. Since the facility will essentially function as a home, the minor improvements necessary will not be injurious to the property or improvements in the vicinity. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. ' The use of the property as a board and care fadlity will comply with all local regulations required by the Municipal Code and any conditions of approval for as required by the entitlement permits needed for such a use. In addition, the Planning Commission and City Council must approve this conditional use permit prior to occupancy, due to its location within a Commercial Office (CO) Zone, although the surrounding uses remain residential in character. 4. That the granting of this Conditional Use Permit will not adversely affect the General Plan of the City or the adopted plan of any government agency. The proposed use for alternative housing for seniors will not adversely affect the General Plan of the City or the adopted plan of any government agency. The subject property has housed various community service uses for the past twenty years without any adverse affects to the General Plan. F. TERMS OF GRANT OF PERMIT The City Council hereby grants Conditional Use Permit PCC 00-57 subject to the following conditions whereby the applicant and/or property owners shall: 1. Construct the project as shown on plans, elevations, and other exhibits submitted for review at the City Council public hearing on October 24, 2000. Provide general repair, upgrade, and painting to the exterior elevations, including the doors, windows, fascia, elevated wood deck, and railings as indicated on the approved plans prior to the issuance of building permits. 2. Approval of this request shall not waive compliance with all sections of Title 19 (Zoning) of the Municipal Code, and all other applicable City Ordinances in effect at the time of building permit issuance, with the exception of the previously approved handicap ramp. 3. Obtain all necessary permits from the Chula Vista Building Division. A building permit is required to change from an R3 to R2 occupancy. Compliance with 1998 Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, and 1996 National Electrical Code is required. Fire separation at the property lines and Resolution No. __ Page 4 fire rating of external walls shall also be required as approved by the Fire Marshall. 4. Comply with all requirements of the Chula Vista Fire Department. Additional review will be required at the time of building permit approval. Two exits are required from the facility, and corridors are required to be a minimum 3-ft. in width. All doors must be a minimum 20-minute fire rated. Changes in floor levels greater than V2 inch shall be accomplished by means of a ramp. Smoke detectors shall be required in every sleeping area and in the hallway. Provide one 2A10BC fire extinguisher every 3,000- sq. fl. One manual pull station shall be provided at a location approved by the Fire Department. 5. Comply with all requirements of the Chula Vista Engineering Department. Additional review will be required at the time of building permit approval. Sewer capacity and traffic signal impact fees may be required. A construction permit for work in the City's right-of-way will be required for the construction of a driveway approach per Chula Vista construction standards CVCS-1. 6. The owner must submit a letter to the Sweetwater Authority from the Chula Vista Fire Department stating the fire flow requirements for water prior to the certificate of occupancy. The Sweetwater Authority will determine if there is a need for new water systems or substantial alteration to the existing water system and the owner must comply with any such determination. 7. The Sweetwater Union High School District and Chula Vista Elementary School Districts will require fees based on any additional square footage of residential floor area, to be assessed at the time of building permit issuance. Said fees shall be paid prior to issuance of building permit. 8. This conditional use permit shall become void and ineffective if not utilized within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. Failure to comply with any conditions of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. 9. This conditional use permit shall limit the use of the facility to five (5) ambulatory seniors and one resident adult caregiver. Any chm~ges or modifications will require a reapplication for conditional use permit review. 10. This permit shall be subject to any and all new, modified or deleted conditions imposed after approval of this pernfit to advance a legitimate governmental interest related to health, safety or welfare which the City shall impose after advance written notice to the Permittee and after the City has given to the Permittee the right to be heard with regard thereto. However, the City, in exercising this reserved right/condition, may not impose a substantial expense or deprive Permittee of a substantial revenue source, which the Permittee cannot, in the nornml operation of the use permitted, be expected to economically recover. Resolution No. __ Page 5 11. Applicant/operator shall and does hereby agree to indemnify, protect, defend and hold harmless City, its Council members, officers, employees, agents and representatives, fi.om and against any and all liabilities, losses, damages, demands, claima and costs, including court costs and attorneys' fees (collectively, "liabilities") incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this conditional use permit, (b) City's approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein. Applicant/operator shall acknowledge their agreement to this provision by executing a copy of this conditional use permit where indicated, below. Applicant's/operator's compliance with this provision is an express condition of this conditional use permit and this provision shall be binding on any and all of Applicant' s/operator's successors and assigns. G. ADDITIONAL TERM OF GRANT This permit shall expire ten (10) years after the date of its approval by the City Council. After the first five- (5) years, the Zoning Administrator shall review this Conditional Use Permit for compliance with the conditions of approval, and shall determine, in consultation with the applicant. H. NOTICE OF DETERMINATION The City Council directs the Environmental Review Coordinator to post a Notice of Determination and file the same with the County Clerk. I. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision, and condition herein stated; and that in the event that any one or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, this resolution and the permit shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by: Approved as to form by: Director of Planning & Building (h:\home\planning\harold\RESOCCpccOO-57.doc) COUNCIL AGENDA STATEMENT Item No c~/ Meeting Date 10124100 ITEM TITLE: Report Presentation of the San Diego Association of Governments (SANDAG) reporting results of the 2000 Chula Vista Police Department Resident Opinion Survey. · SUBMITTED BY: Richard Emerson, Chief of Police'S"- REVIEWED BY: City Manager ~,~ ~ (4/5ths Vote: Yes__ No X .) The San Diego Association of Governments (SANDAG) assisted the Chula Vista Police Department in designing and administrating a survey to a random sample of 3,000 residents in June of this year. This survey was administered to measure satisfaction with police services, perceptions of safety, concern about neighborhood issues and familiarity with a variety of police services. A similar survey was conducted in 1997. Results from both surveys show that the majority of Chula Vista residents are satisfied with the police department and feel safe. RECOMMENDATION: That the City Council accept the results of the 2000 Chula Vista Police Department Resident Opinion Survey as information only. BOARDS/COMMISSIONS RECOMMENDATIONS: N/A BACKGROUND: The Chula Vista Resident Opinion Survey was first administered in 1997 to obtain a baseline reading of opinions of Chula Vista residents about the Chula Vista Police Department. It was administered in the year 2000 to serve as a comparison tool to determine what changes may have occurred with respect to the respondents' perceptions. The Chula Vista Resident Opinion Survey is designed to help the police department: · Understand the public's perception of crime and their fear of victimization · Measure the public's concern about a variety of issues in their neighborhood · Obtain the respondents' opinions concerning police priorities · Learn how well police services are known and utilized by survey participants · Gather information on how residents perceive their contacts with police · Solicit ideas from residents about how the police can improve their services Page 2, Item Meeting Date 10/24/00 DISCUSSION Surveys were distributed to a random sample of 3,000 households in Chula Vista. The sample was stratified by three distinct police sectors based on population. According to the 1990 US Census, and SANDAG's demographic projections, 35% of Chula Vista households are in Sector one - the Northwest portion of the City; 39% in Sector two - the Southwestern portion of the City and 26% in Sector three the Eastern part of the City. All surveys were administered and analyzed by SANDAG staff. Survey data was entered and analyzed using Statistical Product and Service Solutions (SPSS) software. Responses were weighted in proportion to the frequency from each sector. The survey produced response rates of 39% in 2000 and 37% in 1997. Survey Highlights · Nine out of ten (10) respondents from both surveys were satisfied with the services of the Chula Vista Police Department. · More than 80% of survey participants agreed that police respond in a reasonable amount of time and are knowledgeable, professional, courteous and caring. · Overall, fewer respondents in 2000, than in 1997, think crime has increased. · Pemeptions about safety remain relatively the same, residents feel relatively safe and most think the level of crime is unchanged. When asked "during the past year, do you think that crime in the following areas has increased?" responses were as follows: 3o.,. 15% 0% Neighborhood Chula Vista County of San Diego · A greater percentage of respondents in 2000 think that their chance of being victimized decreased than respondents in 1997. Page 3, Item Meeting Date 10124/00 · Over half of respondents from both surveys indicated the following should be high police priorities: o Respond quickly to calls for service o Reduce number of crimes o Maintain a visible presence in the community o Enforce laws in general o Enforce juvenile truancy and curfew laws o Reduce citizen's fear of crime o Educate public about crime prevention o Be available to take reports in person · When asked how concerned residents are about neighborhood issues survey respondents are most concerned about the same three issues: Speeding Vehicles, Burglary and Graffiti. Of least concern is prostitution. 84% 74% 72% Speeding Vehicles Burglary Graffiti Neighborhood Issues Resident Opinion Surveys provide an opportunity to address specific issues of concern to the community. They are an instrumental component of the Department's Community Oriented Policing and Problem Solving (COPPS) philosophy and strategy. As such, these surveys are shared with department personnel to enable the development of policing strategies to address issues of concern to the Community. Since the 1997 Survey several policing strategies have been implemented to try and address resident's concerns. They include the following: · Speeding Vehicles - Recognizing that traffic law enforcement is a critical function, the Traffic Unit administers enforcement strategies and proactive programs designed to maintain a safe driving environment through the City. Educational programs keep the public abreast of new traffic laws and remind motorists of their driving responsibilities, while DUI Page 4, Item Meeting Date 10/24/00 checkpoints reduce the number of drunk driver related accidents. Issuing warnings for minor, non-hazardous traffic law violations and using SMART devices to slow drivers has been an effective method to educate conscientious drivers, while maintaining positive public relations. Targeted speed enforcement activities and the use of automated SMART traffic speed trailers indicate that this issue may be a pemeption rather than reality. SMART machine printouts indicate that most drivers follow the speed limit within neighborhoods. Speeding vehicles on major corridors such as Telegraph Canyon Road and H Street are deterred by the use of radars by traffic officers. More analysis and community outreach are necessary in order to further address this concern. Both the Community Outreach unit and the Planning and Research unit will work with Traffic to develop a comprehensive approach to address the community's concern regarding speeding vehicles. These units will work to keep the community informed of progress made regarding this issue. · Burglary- While burglary continues to be of high concern, residents surveyed reported less of a concern than in 1997. This primarily indicates that the department's focus on this issue may have had an impact on residential burglary. Specifically, following the 1997 Resident Opinion Survey, the Department accepted a Problem-Solving Partnership Grant from the COPS office in an effort to address the residential burglary issues. The Problem-Solving Partnership Grant gave the Department the opportunity to take a systematic, analytical approach to addressing burglaries in our community. The study of this issue resulted in the implementation of the Crime-Free Multi-Housing Program, the addition of a part-time Latent Print Examiner to the Crime Lab to facilitate more burglary suspect arrests, and problem-solving partnerships with developers in the City of Chula Vista who improved home safety by adding safety features to newly built homes. Developers also agreed to work with staff to organize Neighborhood Watch programs and give new homeowners crime prevention brochures. · Graffiti - City staff has proactively, on a citywide basis, been addressing the graffiti problem. Four departments directly involved in these issues are currently working together as part of the Community-Oriented Policing Committee to combat this problem. Public Works continues to routinely remove graffiti within 48 hours of being reported. The Planning and Building Department Code Enforcement Unit maintains a Iow-tolerance policy when it comes to removing graffiti from commercial property. The City Attorney's office and several other departments continue to be active members of the City's Community-Oriented Policing Committee that includes members of the public. The Police Department continues to work on a day-to-day basis with the prevention aspect of the problem. Page 5, Item Meeting Date 10/24/00 Most of these interventions have been in place for some time and will further be enhanced by the Community Resoume Coordinator (Graffiti Coordinator) approved last year. The Coordinator position, recently filled by Christianne DeMamo, is currently in partnership with community leaders and city staff working to combat the graffiti problems. We anticipate that with the full-time dedication of this position to focus on this issue, future surveys will indicate that this issue is of decreased concern to residents. Other Survey Findings Community Outreach - Resident Opinion surveys also help the Department inform the public about available police services. About half of the respondents from both surveys had heard of most programs, services or special units in the Department. The programs most frequently utilized included Neighborhood Watch and the School Safety Patrol Program. However, those who responded did not use police services, programs, or special units very much. Safety - Survey results show that residents have a perception that certain areas of Chula Vista should be avoided, specifically Downtown Chula Vista and Broadway Street. Insufficient data and analysis exist to validate this perception. However, the department will use this information to address citizens' concerns by providing the public with the "good news" about crime and how it has decreased in certain downtown areas. The department will also work with the downtown business community to change the City's image as it relates to these areas. The Community Relations and the Research and Planning Units, added as part of the Strategic Plan, will be instrumental in the delivery of this message. Additionally, the Department has a unit - the Street Team that focuses on resolution strategies to crime problems identified by Chula Vista residents and merchants. Domestic Violence - The issue that showed the greatest change over time was concern over domestic violence, 48% of 2000 survey respondents indicated this was a concern, a decrease of 13% from the 1997 survey. Between 1995 and 1999, the number of domestic violence incidents reported in Chula Vista also declined 33%, compared with a 28% drop for the County overall. Between 1995 and 1999, a major change occurred in the Department, which may have contributed to the decline in domestic violence incidents. The Investigations Division of the Department was restructured to create a new unit - the Family Protection Unit that encompasses a comprehensive approach to family issues. The reorganization was made possible by funding received under the COPS Domestic Violence Grant. As part of this grant, investigators specializing in the areas of domestic violence, sex crimes and child abuse, as well as a Domestic Violence Advocate and Family Protection Coordinating Council, joined forces to address family violence. Page 6, Item Meeting Date 10/24/00 Overall Rating Overall, both surveys indicate that residents are satisfied with services provided by the Department. Furthermore, most survey participants rated the contacts with the Department as either excellent or good. Not At All Not Too Satisfied Satisfied 7% 1% Very Satisfied 34% Satisfied 58% FISCAL IMPACT: There is no fiscal impact for acceptance of this report. Funding for the survey was budgeted in the Police Department FY 1999-2000 budget. This survey was also supported through SANDAG's Local Technical Assistance Program. Attachment - The 2000 Chula Vista Police Department Resident Opinion Survey. I I I I I I I I I I I I I I I I I I I 2000 CHULA VISTA POLICE DEPARTMENT RESIDENT OPINION SURVEY San Diego ~ ASSOCIATION OF GOVERNMENTS 401 B Street, Suite 800 San Diego. CA 92101 (619) 595.5300 October 2000 Criminal Justice Research Division Nancy Kerry Susan Pennell MEMBER AGENCIES: Cities of Ca~sbad, Chula Vista, Coronado, Del Mar, EI Cajon, Encinitas, Esoondido, Imperial Beach, La Mesa Lemon Grove, National City, Oceanside, Poway, San Diego, San Marcos, Santee, Solana Beech, Vista, and County of San Diego. ADVISORYIlIAISON MEMBERS: CalWomia Depertment of Transporiation, Metropolitan Transit Development Board, North San Diego County Transn Development Board, U.S. Depertment of Defense, San Diego Unified Po~ District, San Diego County Water Authority, and TijuanalBaja CamomialMexico - Board of Directors SAN DIEGO ASSOCIATION OF GOVERNMENTS ... The 18 cities and county govemment are SANDAG serving as the forum for regional decision-making. The Association builds consensus, makes strategic plans, obtains and allocates resources, and provides information on a broad range of topics pertinent to the region's quality of life. ... CHAIR: Hon. Ramona Finnila VICE CHAIR: Hon. Ron Morrison SECRETARY-EXECUTIVE DIRECTOR: Kenneth E. Sulzer ... ... CITY OF CARLSBAD Hen. Ramona Rnnila, Councilmember (Al Hon. Bud Lewis, Mayor (A Hon. Matt Hall, Mayor Pro Tern CITY OF CHULA VISTA Hon. Shiriey Horton, Mayor (A) Hon. Mary Salas, Councilmember CITY OF CORONADO Hen. Thomas Smisek, Mayor (A) Hen. Chuck Mar1<s, Councilmember (A) Hen. AI OVrom, Councilmember CITY OF DEL MAR Hon. Richard Earnest, Councilmember (A) Hon. Crystal Crawford, Deputy Mayor CITY OF EL CAJON Hon. Richard Ramos, Councilmember (A) Hon. Mar1< Lewis, Mayor CITY OF ENCINITAS Hon. Dennis Hotz, Councilmember (A) Hen. Christy Guerin, Councilmember CITY OF ESCONDIDO Hen. Keith Beier, Mayor Pro Tern (A) Hen. June Rady, Councilmember CITY OF IMPERiAl BEACH Hen. Diane Rose, Mayor (A) Hen. Mayda Winter, Councilmember (A) Hon. Patricia McCoy, Mayor Pro Tem CITY OF LA MESA Hon. Art Madrid, Mayor (A) Hon. Barrv Jantz, Councilmember (A) Hon. Jay La Suer, Vice Mayor CITY OF LEMON GROVE Hen. Mary Sessom, Mayor (A) Hen. Jill Greer, Councilmember CITY OF NATIONAl CITY Hon. Ron Morrison. Councilmember (A) Hon. George H. Waters, Mayor CITY OF OCEANSIDE Hon. Carol McCauley, Deputy Mayor (A) Hon. Colleen O'Harra, Councilmember CITYOFPOWAY Hen. Mickey cafagna, Mayor (A) Hon. Don Higginson, Deputy Mayor (A) Hon. Robert Emery, Councilmember CITY OF SAN MARCOS Hon. Hal Martin, Councilmember (A) Hen. Pia Harris-Ebert, Vice Mayor CITY OF SANTEE Hon. Jack Dale, Mayor (A) Hon. Hal Ryan, Vice Mayor (A) Hen. Jim Bartell, Councilmember CITY OF SOLANA BEACH Hen. Marion Dodson, Councilmember (A) Hon. Joe Kellejian, Mayor (A) Hon. Marcia Smerican, Councilmember - .. - CITY OF SAN DIEGO Hen. Susan Golding, Mayor (A) Hen. Byron Wear, Councilmember (A) Hon. Valerie Stallings, Councilmember CITY OF VISTA Hon. Gloria E. McClellan, Mayor (A) Hon. Judy Ritter, Mayor Pro Tem COUNTY OF SAN DIEGO Hen. Pam Slater, Supervisor (A) Hon. Greg Cox, Supervisor STATE DEPARTMENT OF TRANSPORTATION (Advisory Member) Jeff Morales, Director (A) Gary Gallegos, District 11 Director METROPOLITAN TRANSIT DEVELOPMENT BOARD (Advisory Member) Leon Williams, Chainnan (A) Hen. Harry Mathis, Deputy Mayor (A) Jerry Rindene NORTH SAN DIEGO COUNTY TRANSIT DEVELOPMENT BOARD (Advisory Member) Hen. David Oruker, Councilmember (A) Hen. Bill Horn, Supervisor U.S. DEPARTMENT OF DEFENSE (Uaison Member) CAPT Gary Engle, CEC, USN Commander, Southwest Division Naval Facilities Engineering Command (A) CAPT Robert Schenk, CEC, USN SAN DIEGO UNIFIED PORT DISTRICT (Advisory Member) Jess Van Deventsr, Commissioner (A) Frank Urtasun, Commissioner SAN DIEGO COUNTY WATER AUTHORITY (Advisory Member) Frank Chenelle (A) John Fowier TlJUANAlBAJA CAUFORNIAlMEXICO (Advisory Member) Hon. Gabriela Torres Ramirez Consul General of Mexico ... - ""! - ... "'I - - - - Revised October 5, 2000 - I I I I I I I I I I I I I I I I I I I ABSTRACT TITLE: AUTHOR: DATE: SOURCE OF COPIES: NUMBER OF PAGES: ABSTRACT: LOCAL USE GUIDELINES: 2000 Chula Vista Police Deparhnent Resident Opinion Survey San Diego Association of Governments August 2000 Chula Vista Police Deparhnent 276 Fourth Avenue Chula Vista, CA 91910 (619) 691-5150 98 SANDAG assisted the Chula Vista Police Deparhnent in designing and administering a survey to a random sample of 3,000 residents in June of the year 2000. Police administrators and city officials wanted to know how residents perceive crime and their level of safety, as well as how familiar they were with a variety of police services. To learn if there have been any changes in the residents' perceptions and opinions, the results of the survey administered in 2000 are compared with a similar survey conducted in 1997. Results from both surveys show that the majority of Chula Vista residents are satisfied with the police deparhnent personnel and their delivery of services and rate their experience with the police as excellent or good. Although only one in six respondents reported having been victimized, a high proportion was willing to report the crime to police. The same three issues are still of most concern to residents in 2000 as they were in 1997: speeding vehicles, burglary, and graffiti. This survey was supported through SANDAG's Local Technical Assistance program. This report is for information; action by member agencies is not required. iii I I I I I I I I I I I I I I I I I I I TABLE OF CONTENTS EXECUTIVE SUMMARy.................................................................................................................. 3 Introduction ........................ .................... ................ ....... ............. ............. ........... ............. ........... 3 Respondent Demographic Profile ........................................................................................... 3 Satisfaction with Police Services .............................................................................................. 3 Perceptions of Safety ....... ...... ...... .................... ....... .......................... ....... .... ...................... ........ 4 Concern about Neighborhood Issues...................................................................................... 4 Familiarity with Police Services, Programs, and Special Units ........................................... 4 Recommendations......................................................................................................................5 INTRODUCTION .............................................................................................................................. 9 DISCUSSION OF SURVEY RESULTS .......................................................................................... 13 Introduction.............................................................................................................................. 13 Respondent Demographic Profile .........................................................................................13 Sources of Information About Crime.............................................................. ..14 Personal Opinions About Crime............................................................................................16 Perceptions of Safety ...............................................................................................................18 Concerns About Neighborhood Issues ................................................................................. 20 Personal Experiences as Crime Victims in Past Year .......................................................... 22 Contact with Police in the Past year...................................................................................... 24 Familiarity With Police Services, Programs and Special Units .........................................29 Opinions About Police Priorities ........................................................................................... 32 Satisfaction With Police Services ........................................................................................... 34 Summary ................................................................................................................................... 36 MElliODOLOGY............................................................................................................................39 Survey 2000 Sampling ............................................................................................................. 39 Survey Review ..........................................................................................................................39 Data Analysis............................................................................................................................39 Weighted Responses ...............................................................................................................40 REFERENCES................................................................................................... 43 APPENDIX A - Analysis of Respondent Characteristics and Responses........................ 47 APPENDIX B- Characteristics of Survey Respondents ............................................ 85 APPENDIX C - Survey Instrument ....................................................................... 89 v I I I I I I I I I I I I I I I I I I I LIST OF TABLES Table 1 Table 2 Table 3 Table 4 Table 5 Table 6 Table 7 Table 8 Table 9 Table 10 Table 11 Table 12 Table 13 Table 14 Table 15 Table A-l.l Table A-1.2 Table A-l.3 Table A-l.4 Table A-2.1 Table A-2.2 HOW RESIDENTS FIND OUT ABOUT CRIME ..................................................................14 OPINIONS ABOUT MEDIA PORTRAYAL OF CRIME .....................................................15 OPINIONS ABOUT VICTIMIZATION .................................................................................16 OPINIONS ABOUT CRIME....................................................................................................17 PERCEPTIONS OF SAFETY ...................................................................................................18 AREAS A VOIDED....................................................................................................................19 CONCERNS ABOUT NEIGHBORHOOD ISSUES..............................................................21 VICTIMIZATION .....................................................................................................................23 CONTACT WITH POLICE .....................................................................................................25 OPINIONS OF POLICE OFFICERS' BEHAVIOR AND ATTITUDE ................................27 NUMBER OF POLICE ON THE STREETS ...........................................................................29 FAMILIARITY WITH POLICE SERVI CES ..........................................................................30 POLICE PRIORITY LEVEL .....................................................................................................33 SATISFACTION WITH POLICE SERVICES ........................................................................34 RESPONDENT COMMENTS.................................................................................................35 HOW RESIDENTS FIND OUT ABOUT CRIME, by AGE ..................................................47 HOW RESIDENTS FIND OUT ABOUT CRIME, by ETHNICITY.....................................47 HOW RESIDENTS FIND OUT ABOUT CRIME, by SECTOR ...........................................48 HOW RESIDENTS FIND OUT ABOUT CRIME, by GENDER..........................................48 OPINIONS ABOUT MEDIA PORTRAYAL OF CRIME, by AGE......................................49 OPINIONS ABOUT MEDIA PORTRAYAL OF CRIME, by ETHNICITY........................49 vii Table A-2.3 Table A-2.4 Table A-3.1 Table A-3.2 Table A-3.3 Table A-3.4 Table A-3.5 Table A-4.1 Table A-4.2 Table A-4.3 Table A-4.4 Table A-5.1 Table A-5.2 Table A-5.3 Table A-5.4 Table A-55 Table A-7.1 Table A-7.2 Table A-7.3 Table A-7.4 Table A-8.1 Table A-8.2 Table A-8.3 Table A-8.4 Table A-9.1 Table A-9.2 .. OPINIONS ABOUT MEDIA PORTRAYAL OF CRIME, by SECTOR ............................50 OPINIONS ABOUT MEDIA PORTRAYAL OF CRIME, by GENDER ........................... 50 OPINIONS ABOUT VICTIMIZATION, by AGE ...............................................................51 OPINIONS ABOUT VICTIMIZATION, by ETHNICITY..................................................51 OPINIONS ABOUT VICTIMIZATION, by SECTOR ........................................................ 52 OPINIONS ABOUT VICTIMIZATION, by GENDER....................................................... 52 OPINIONS ABOUT VICTIMIZATION, by VICTIMIZED................................................ 53 OPINIONS ABOUT CRIME, by AGE..................................................................................54 OPINIONS ABOUT CRIME, by ETHNICITY ....................................................................55 OPINIONS ABOUT CRIME, by SECTOR...........................................................................56 OPINIONS ABOUT CRIME, by GENDER..........................................................................57 PERCEPTIONS OF SAFETY, by AGE .................................................................................58 PERCEPTIONS OF SAFETY, by ETHNICITY .................................................................... 59 PERCEPTIONS OF SAFETY, by SECTOR ..........................................................................60 PERCEPTIONS OF SAFETY, by GENDER.........................................................................61 PERCEPTIONS OF SAFETY, by VICTIM ...........................................................................62 CONCERNS ABOUT NEIGHBORHOOD ISSUES, by AGE ............................................63 CONCERNS ABOUT NEIGHBORHOOD ISSUES, by ETHNICITY...............................64 CONCERNS ABOUT NEIGHBORHOOD ISSUES, by SECTOR..................................... 65 CONCERNS ABOUT NEIGHBORHOOD ISSUES, by GENDER....................................66 VICTIMIZATION, by AGE ................................................................................................... 67 VICTIMIZATION, by ETHNICITY...................................................................................... 68 VICTIMIZATION, by SECTOR ............................................................................................ 69 VICTIMIZATION, by GENDER........................................................................................... 70 CONTACT WITH POLICE, by AGE ................................................................................... 7I CONTACT WITH POLICE, by ETHNICITY ...................................................................... 72 .. ... ... .. .. .. .. .. ... .. .. .... ~ ~ ~ .. - viii .. I I I I I I I I I I I I I I I I I I I Table A-9.3 CONTACT WITH POLICE, by SECTOR...............................................................................73 Table A-9.4 CONTACT WITH POLICE, by GENDER .............................................................................74 Table A-10.1 OPINIONS OF POLICE OFFICERS' BEHA VIORAND ATTITUDE, by AGE ................75 Table A-10.2 OPINIONS OF POLICE OFFICERS' BEHAVIOR AND ATTITUDE, by ETHNICITY 76 Table A-10.3 OPINIONS OF POLICE OFFICERS' BEHAVIOR AND ATTITUDE, by SECTOR .........77 Table A-10.4 OPINIONS OF POLICE OFFICERS' BEHAVIOR AND ATTITUDE, by GENDER........78 Table A-10.1.l OVERALL OPINION ABOUT CONTACTS, by AGE ........................................................79 Table A-10.1.2 OVERALL OPINION ABOUT CONTACTS, by ETHNICITY..........................................79 Table A-1O.1.3 OVERALL OPINION ABOUT CONTACTS, by SECTOR................................................80 Table A-10.1.4 OVERALL OPINION ABOUT CONTACTS, by GENDER...............................................80 Table A-14.1 SATISFACTION WITH POLICE SERVICES, by AGE.........................................................81 Table A-14.2 SATISFACTION WITH POLICE SERVICES, by ETHNICITY...........................................81 Table A-14.3 SATISFACTION WITH POLICE SERVICES, by SECTOR..................................................82 Table A-14.4 SATISFACTION WITH POLICE SERVICES, by GENDER................................................82 Table B-1 CHARACTERISTICS OF SURVEY RESPONDENTS ..........................................................85 ix I I I I I I I I I I I I I I I I I I I LISf OF FIGURES Figure 1 OVERALL OPINION OF CONTACTS WITH POLICE DEPARTMENT ....................... 28 xi I I I I I I I I I I I I I I I I I I I EXECUTIVE SUMMARY I I I I I I I I I I I I I I I I I I I EXECUTIVE SUMMARY Introduction The Chula Vista Resident Opinion Survey was first administered in 1997 to obtain a baseline reading of the opinions of Chula Vista residents about the Chula Vista Police Department. It was administered in the year 2000 to serve as a comparison tool to determine what changes may have occurred with respect to respondents' perceptions. Both surveys addressed issues related to crime and levels of safety in the community, concern regarding issues in the neighborhood, and opinion of police priorities. Surveys of individuals provide a means to assess their satisfaction with local law enforcement, to inform the public about police services, and to advise the police administrators about public safety concerns. Each survey was distributed to a sample of 3,000 households in Chula Vista and produced response rates of 39 percent in 2000 and 37 percent in 1997. Respondent Demographic Profile A comparison of Survey 2000 respondent characteristics and those of the general population, as estimated by SANDAG, reveals that survey respondents are similar to the demographic profile of Chula Vista residents. The SANDAG demographic profile for Chula Vista, which is benchmarked to the federal 1990 census, estimates that most residents are under 55 years of age, earn less than $50,000 per year, and are either White or Hispanic (about 40% for each ethnic group). The demographic characteristics of Survey 2000 respondents closely mirror these estimates, with the majority younger than 55, with incomes less than $50,000 in the previous year and either White or Hispanic. However, White residents were over-represented (56% in 2000, 58% in 1997) and Hispanic residents were under-represented (28% both surveys). Satisfaction with Police Services Nine out of ten respondents from both surveys were satisfied with the services of the Chula Vista Police Department and more than 80 percent of survey participants agree that police respond in a reasonable amount of time and are knowledgeable, professional, respectful, pleasant, courteous, fair, helpful, and caring. This public confidence in police personnel is demonstrated by the fact that victims who participated in both surveys were more likely to report the crime to local police compared to the national average of 35 percent (as estimated by the National Crime Victim Survey). 3 ... Perceptions of Safety ... Survey respondents in Chula Vista feel relatively safe and most think the level of crime is unchanged. Compared to those who completed surveys three years earlier, respondents in 2000 were less likely to think they would be victims of crime. This is based on their perception that crime either decreased or stayed the same. Responses to questions about participants' perception of the level of crime in the city, the county, or their neighborhood produced similar results. More respondents from Survey 2000 than the percentage in 1997 think that crime either decreased or stayed the same in these areas (11% and 55% respectively). These results may partially explain why approximately three-quarters of Survey 2000 participants feel safe at home during the daytime or at night, and walking alone in the business areas during the day. ... ... .. - Even though most respondents feel safe and think their chance of becoming a victim has not increased, more than a third (39%) of respondents avoid certain areas in Chula Vista because they feel the areas are not safe. Of those who provided information about the areas they avoid, the location most often mentioned was Downtown Chula Vista, specifically, 3rd or 4th Street; the second most often mentioned location was Broadway Street. ... ""! Concern about Neighborhood Issues ... The survey included a list of 16 specific issues for which respondents were asked to rate their level of concern, ranging from very concerned to not at all concerned. Results show that participants are the most concerned about the same three issues in 2000 as respondents in 1997: speeding vehicles, burglary, and graffiti, although, excluding speeding vehicles, the proportion of respondents in 2000 expressing concern decreased by a few percentage points. The issue, for which both groups of survey participants expressed the least concern, is prostitution (38% in 2000, 48% in 1997). . ... ... ... The issue that showed the greatest change over time was domestic violence: 48% in 2000, 61 % in 1997. Between 1995 and 1999, the number of domestic violence incidents reported in the City of Chula Vista declined 33 percent (compared to a 28% drop for the county overall) (Allnutt and Pennell, 2000). , ... .~ ... Familiarity with Police Services, Programs, and Special Units About half of respondents from both surveys had heard of most of the programs, services or special units of the Chula Vista Police Department. The programs most frequently utilized include the Neighborhood Watch Program and the School Safety Patrol Program. However, the majority of police services, programs or special units have been used by very few respondents. ... " ... ... More than one-third of survey respondents provided suggestions for improvement or made additional comments in the space provided. Forty percent (40%) of those individuals ... 4 .. I I I I I I I I I I I I I I I I I I I complimented the police department, and 54 percent suggested hiring more police officers. A request to focus on traffic or speed enforcement was mentioned by 27 percent of respondents in their additional comments. Overall, both groups of survey participants overwhelmingly indicated that they are satisfied with the services provided by the Chula Vista Police Department. In 2000, of those who had contact during the previous year, most rated those contacts as either excellent (47%) or good (34%). Recommendations Survey results show that residents have a perception that certain areas of Chula Vista should be avoided, specifically Downtown Chula Vista and Broadway Street although the belief that these areas are less safe than others is not supported by actual crime statistics. The police department could use this knowledge to address citizens' concerns by providing the public with the "good news" about crime, how it has decreased during the past several years, and that crime is not higher along Broadway Street or in the downtown areas, keeping in mind that the majority of respondents from both surveys indicated that they use the television to find out about crime. Less than 20 percent of survey participants reported being victimized. Of these, 70 percent reported the crime to local law enforcement. This is twice the percentage that is estimated by the Bureau of Justice Statistics National Crime Victimization Survey (BJS, 1999). Of the respondents who didn't report the crime, many wrote that it was because the crime was "minor," such as a stolen bicycle, or that they thought the chance of recovery was small and therefore, no reason to report. This information may help the Chula Vista Police Department to encourage the reporting of all crimes whether they are perceived as insignificant or not. Respondents are very concerned about speeding vehicles, burglary and graffiti. In fact, speeding is the issue of most concern to participants from both surveys. The police department, given this information, may wish to place photo enforcement cameras at strategic locations and to increase the number of traffic officers in heavily congested areas. An article placed in the newspaper, or an announcement on television (where the majority of residents say they get their information), outlining their strategy, may generate support for these actions. Crediting the use of the survey in determining that speed and traffic enforcement is of significant concern to residents may also foster community support as well as increase participation in the next survey. 5 I I I I I I I I I I I I I I I I I I I INTRODUCTION I I I I I I I I I I I I I I I I I I I INTRODUCTION In an effort to understand how Chula Vista residents perceive crime in the community and their level of safety, as well as how residents rate the performance of its police department, the Chula Vista Police Department (CVPD), with the assistance of the San Diego Association of Governments (SANDAG) developed the Chula Vista Resident Opinion Survey. The survey was first administered in 1997 to obtain a baseline reading of the opinions of Chula Vista residents. It was administered again in June 2000 as a comparative survey to learn what changes had occurred. The Chula Vista Resident Opinion Survey is designed to help the police department . determine sources of information used by the public to learn about crime; . understand the public's perception of crime and their fear of victimization; . measure the public's concern about a variety of issues in their neighborhood; . obtain the respondents' opinions concerning police priorities; . learn how well police services, programs, and special units are known, understood, and utilized by survey participants; . gather information on how residents perceive their contacts with police; and . solicit ideas from residents about how the police can improve their services. In 1997, the survey was administered by SANDAG on behalf of the Chula Vista Police Department to a random sample of 3,000 households in the City of Chula Vista. The results of that survey were beneficial to the administration's understanding of the public's perception of a variety of issues. Three years later, the police department wanted to learn what, if anything, had changed. In Jtme 2000, the survey, with minor modifications, was again administered by SANDAG on behalf of the police department to a random sample of 3,000 households. The sample was stratified by three distinct police sectors in order to compare responses from each area. The sectors included the Northwest portion of the city (Sector One); the Southwest portion (Sector Two); and the Eastern area of the city (Sector Three). To encourage participation, a cover letter from the Police Chief was included with the survey stressing the importance of the residents' opinions and the value of their input. The letter was written in both English and Spanish and provided instructions for obtaining a survey in Spanish. To further encourage residents to respond to the survey, a postage-paid return envelope was also included. Additionally, a second survey and cover letter were sent to households for which no survey was received. Overall, a 39 percent response rate was obtained in 2000, compared to a 37 percent response rate in 1997. Survey responses were weighted proportionate to the police sector from which they were returned. 9 I I I I I I I I I I I I I I I I I I I DISCUSSION OF SURVEY RESULTS I I I I I I I I I I I I I I I I I I I DISCUSSION OF SURVEY RESULTS mtroduction This section of the report describes the results of the 2000 Chula Vista Police Department Resident Opinion Survey and compares those responses to a similar survey administered in 1997. The overall response rate was 39 percent (1,169 respondents). The responses from this most recent survey have been weighted proportionate to the expected frequency from each sector. Survey responses were further analyzed by examining respondent characteristics (age, gender, ethnicity, and sector). The results of those analyses are discussed within the text. Tables depicting respondent characteristics and responses are presented in Appendix A. Respondent Demographic Profile The survey was mailed to a stratified random sample according to the percentage of households in three distinct police sectors. According to the 1990 U.S. Census and SANDAG's demographic projections, 35 percent of Chula Vista households are in Sector One, 39 percent in Sector Two and 26 percent in Sector Three. Sector One is the Northwest portion of the city, Sector Two is the Southwest portion, and Sector Three is the entire Eastern part of the city. The demographic profiles of 1997 and 2000 survey respondents indicate that individuals who returned a survey closely resembled the population as a whole, in terms of age and socio-economic status. The majority of residents are under the age of 55, have a household income of less than $50,000, and are predominately White or Hispanic. Similarly, the majority of survey participants are under the age of 55, had a total household income of less than $50,000 during the previous year, and are White. Most own their own home, have lived in Chula Vista seven years or more, and have completed vocational training, some college or hold a college degree. About half of the respondents in 2000 are female (54%) and about half are male (46%). Respondent demographic characteristics are presented in detail in Appendix B. 13 ... .. Sources of Information About Crime ... "How do you usually find out about crime in your area?" More than 80 percent of respondents from both surveys indicated that television is their primary source of information about crime (85% in 2000, 81% in 1997) (Table 1). Over half find out about crime by reading the newspaper and just over 20 percent hear about crime by listening to the radio. In 1997, 32 percent used some other source, such as, personal experience, word-of-mouth, and police scanners. In 2000, that percentage dropped to 25 percent with most of those respondents indicating word-of-mouth and a few noting that they use the Internet to learn about crime in their area. .... .... - Table 1 HOW RESIDENTS FIND OUT ABOUT CRIME Chula Vista Resident Opinion Survey, 2000 and 1997 -', "'" HolV do you usually find out about crime in your area? Survey 1997 Percent ~ , , j Survey 2000 Percent Television Newspaper Radio Other Total Respondents 85% 51% 22% 25% 1,169 81% 52% 23% 32% 1,094 ""! .., NOTES: Percentages are based on multiple responses. Survey 2000 responses are weighted. SOURCE: San Diego Association ofGo1)ernments ... ""l ... ... , - """ ; .... 14 ... I I I I I I I I I I I I I I I I I I I "How do you think the media covers crime in the City of Chula Vista?" The majority of Chula Vista residents think the media presents a fairly accurate picture of the amount of crime occurring in the community (Table 2). Twenty-nine percent (29%) of respondents in 2000 and 31 percent in 1997 think media portrayals underestimate the amount of crime. A slight increase from seven percent in 1997 to ten percent of respondents in 2000 indicated that they think the media exaggerates the amount of crime occurring in the community. Table 2 OPINIONS ABOUT MEDIA PORmA YAL OF CRIME Chula Vista Resident Opinion Survey, 2000 and 1997 Which statement best describes the way you think the media covers crime in the City oJChula Vista? Presents a low estimate Presents a fairly accurate picture Exaggerates amount of crime Total Respondents Survey Survey 2000 1997 Percent Percent 29% 31% 61% 62% 10% 7% 903 891 NOTE: Survey 2000 responses are weigllfed. SOURCE: San Diego Association ojGoverllmrnts 15 .... Personal Opinions About Crime - "During the past year, do you think 1I0ur chance of becoming a victim of crime in Chula Vista has increased, decreased, or stayed about the same?" ... - Over 60 percent of Survey 2000 respondents compared to 55 percent of 1997 respondents thought their chances of being victimized had not changed during the previous year (Table 3). Approximately one-quarter (24%) of the 2000 respondents thought their potential for victimization had increased compared to about a third (34%) of respondents in 1997. In actuality, the percentage of violent crimes reported in ChuIa Vista decreased 12 percent overall between 1998 and 1999 and property crime decreased 14 percent in the same period (Allnutt and Pennell, 2000). As might be expected, Survey 2000 respondents who reported that they had been victimized during the previous year were twice as likely to think their chance of becoming a victim had increased than those who had not been victimized (See Appendix A). ... .... "'I Table 3 OPINIONS ABOUT VICIlMIZA nON Chula Vista Resident Opinion Survey, 2000 and 1997 - ... During the past year, do you think your chance of becoming a victim ofa crime in the City ofChula Vista has ... ? .... '; ~ Survey 2000 Survey 1997 Percent Percent Increased Decreased Stayed abou t the sam e Total Respondents 24% 13% 63% 34% 11% 55% "'I '"'! 1,180 1,068 Note: Percelltages m ny 110 t eq l/nllOO d fit to TO II lid illg. Survey 2000 respo liStS art w eig11 led. SOURCE:Snll Diego AssociatiOfl ofGoVtnlmellts ., ... '"'! .., ., 16 ... I I I I I I I I I I I I I I I I I "During the past year, do you think that crime in your neighborhood, the City of Chula Vista, and the County of San Diego, has increased, decreased, or stayed about the same?" Overall, residents of Chula Vista are less likely to think that crime increased in 2000 than survey respondents did in 1997. While 15 percent of the 2000 respondents thought crime had increased in their neighborhood, that percentage was nearly double in 1997 (27%)(Table 4). Survey results from both time periods also show that residents perceive less crime in their own neighborhood than they do in the entire City of Chula Vista or the County of San Diego. In 2000, only 15 percent of residents think crime in their neighborhood increased in the past year. Twice that percentage think crime increased in the city (32%) and three times that think crime increased in the cotmty (46%) (Table 4). Table 4 OPINIONS ABOUT CRIME Chula Vista Resident Opinion Survey, 2000 and 1997 During the past year, do you think that crime in the following areas has .., ? In the City ofChuIa Vista Increased Decreased Stayed about the same Total Respondents Survey 2000 Survey 1997 Percent Percent 15% 27% 18% 15% 67% 58% 1,131 1,001 32% 38% 18% 17% 50% 46% 1,121 997 In my neighborhood Increased Decreased Stayed about the same Total Respondents In the County of San Diego Increased Decreased Stayed about the same Total Respondents 46% 15% 39% 1,098 51% 14% 35% 978 NOTES: Pl.'rcetltagl.'s may f10t equallOO dill! to roul/dillg. Survt'y 2000 rl.'SpOllSI.'S are wt'igllltd. SOURCE: Stili Dil.'go Associatioll of Govt'rllmI.'nts I I 17 ... Perceptions of Safety ... "How safe do you feel walking alone in your neighborhood in general and at night, and how safe do you feel, during the day and at night being at home alone, and walking alone in the business areas?" ... - This series of questions and response categories were changed in 2000 from how they were asked in 1997, precluding comparisons between responses. Therefore, the discussion of this series of questions pertains to Survey 2000 only. ... As might be expected, residents are not as comfortable walking alone at night as they are during the daytime (Table 5). Furthermore, during the night, fewer residents feel safe walking alone in the business areas (37%) compared to walking alone in their neighborhood (46%). Residents feel most safe being at home alone. The effect of respondent characteristics on their feelings of safety reveals that residents in Sector Two feel less safe than other residents. Also, in all instances presented, persons between 35 and 54 years of age feel safer than either younger or older survey participants, and men feel safer than women. Tables depicting respondent characteristics and their feelings of safety are presented in Appendix A. ... .., "" Table 5 PERCEPTIONS OF SAFETY Chula Vista Resident Opinion Survey, 2000 ... HolU safe do you feel... ? .... , i In General Walking alone in your neighborhood Safe/ reasonably safe 75% Somewhat safe/ unsafe 25% Total Respondents 1,162 .., I I .... Being at home alone Safe/ reasonably safe Somewhat safe/ unsafe Total Respondents Walking alone in the business areas Safe/ reasonably safe Somewhat safe/ unsafe Total Respondents Durine: the Dav Durine: the Niehl '"'l -J 86% 14% 1,147 74% 26% 1,160 - , 81% 19% 1,160 37% 63% 1,071 ... Walking alone in your neighborhood Safe / reasonably safe Somewhat safe/ unsafe Total Respondents NOTE: Survey responses are weighted. SOllRCE:Sflll Diego Associfltioll ofGoverllments n/. nla 46% 54% 1,102 ... ! , "'I 18 ""l -:j i I I I I I I I I I I I I I I I I I I I "Do you avoid certain areas in Chula Vista because you feel they are not safe?" Thirty-nine (39%) of respondents indicated that they avoid certain areas of Chula Vista because they feel they are not safe (Table 6). This is a lower percentage than in 1997 (50%) (not shown). Survey participants were also asked to describe which areas they avoid because they felt unsafe. Thirty-seven percent (37%) of these respondents noted that they avoid Downtown; this includes respondents that mentioned 3,d or 4th Street. Thirty percent (30%) mentioned Broadway Street and 22 percent mentioned South Chula Vista as the area they avoid. Twenty-one percent (21%) indicated that they avoid west of Interstate 805 and east of Interstate 5, or the 1-805/1-5 corridor. Only three percent (3%) mentioned the trolley areas and 22 percent mentioned other areas such as, "busy streets," "where gangs are," or "poorly-lit areas." Table 6 AREAS AVOIDED Chula Vista Resident Opinion Survey, 2000 Do you avoid certain areas in Chula Vista because youfeel they are not safe? Yes No Survey 2000 Percent 39% 61% Total Respondents 1,086 Avoided Areas Downtown, 3rd or 4th Broadway Street South Chula Vista 1-805/ 1-5 Corridor Trolley Area Other areas 37% 30% 22% 21% 3% 22% Total Respondents 427 NOTES: Percentages are based on multiple responses. Survey responses are weighted. SOURCE: San Diego Association of Governments 19 .. Concerns About Neighborhood Issues - "How concerned are you about the following issues in your neighborhood?" .... Survey participants were presented with 16 issues and instructed to indicate their level of concern as it relates to that issue. In presenting the results of this question, responses "very concerned," and "somewhat concerned," are combined into the category "concerned;" responses "not too concerned" and "not at all concerned," were combined into the category "not concerned." Table 7 shows the results of these questions presented in order of the areas of highest concern to the lowest. ... - Survey respondents are most concerned about the same three issues in the year 2000 as they were in 1997: speeding vehicles, burglary and graffiti (Table 7). In fact, the percentage of respondents concerned about speeding vehicles remained exactly the same in 2000 as in 1997, 83 percent. However, comparisons between 1997 and 2000 responses indicate that in every other category, the percentage of persons expressing concern decreased. .., I ., The issue with the greatest change is domestic violence, which changed from 61 percent concerned in 1997 to 48 percent in 2000. Similarly, the problems of gangs, drug sales, drug abuse, alcohol sales to youth, child abuse, public drunkenness, and prostitution all decreased by at least ten percentage points. There is a slight change in the percentage of respondents concerned about burglary (from 82% in 1997 to 78% in 2000) and graffiti (from 80% in 1997 to 76% in 2000). .., .. k ., Respondents from both surveys were provided space to write any additional issues about which they are concerned. In 1997, 22 respondents (3%) expressed concern about traffic violations. In 2000, five times as many (106 respondents, 9%) mentioned traffic violations, specifically, running red lights, or running stop signs (not shown). Eight of the 106 respondents concerned about traffic violations in 2000 wrote that they are very concerned about speeding on Telegraph Canyon Road. Fourteen respondents in 1997 and 12 respondents in 2000 mentioned motor vehicle theft and a few respondents from both surveys mentioned other concerns such as barking dogs, and loud noise from cars. In 2000, other concerns mentioned by respondents included fights and school safety. .., t . , I .., The effect of respondent characteristics on their level of concern shows some differences exist with respect to location of residence. Residents of Sector One are more concerned about homelessness and domestic violence than residents in the other two sectors; Residents of Sector Two are more concerned about all the other issues presented. Tables depicting respondent characteristics and their level of concern about the issues are presented in Appendix A. .. I , "'! i - , :J , .., 20 - , I I I Table 7 CONCERNS ABOUT NEIGHBORHOOD ISSUES Chula Vista Resident Opinion Survey, 2000 and 1997 I How concerned are you about the following issues in your neighborhood? Survey 2000 Survey 1997 Survey 2000 Survey 1997 Percent Percent Percent Percent Speeding vehicles Assault Concerned 83% 83% Concerned 59% 68% Not concerned 17% 17% Not concerned 41% 32% Total Respondents 1,082 1,047 Total Respondents 1,027 996 Burglary Alcohol sales to youth Concerned 78% 82% Concerned 58% 68% Not concerned 22% 18% Not concerned 42% 32% Total Respondents 1,053 1,042 Total Respondents 998 988 Graffiti Child abuse Concerned 76% 80% Concerned 54% 65% Not concerned 24% 20% Not concerned 46% 35% Total Respondents 1,059 1,038 Total Respondents 994 966 Traffic accidents Hamelessness Concerned 68% 69% Concerned 54% 60% Not concerned 32% 31% Not concerned 46% 40% Total Respondents 1,050 1,020 Total Respondents 1,014 1,001 Gmlgs Hate crimes Concerned 67% 77% Concerned 51% 59% Not concerned 33% 23% Not concerned 49% 41% Total Respondents 1,035 1,015 Total Respondents 998 1,001 Drug sales Domestic violence Concerned 64% 74% Concerned 48% 61% Not concerned 36% 26% Not concerned 52% 39% Total Respondents 1,009 988 Total Respondents 989 974 Drug abuse Public dmnkemless Concerned 63% 73% Concerned 44% 56% Not concerned 37% 27% Not concerned 56% 44% Total Respondents 997 975 Total Respondents 1,022 991 IIlegalpossession o!fireanns Prostitution Concerned 63% 70% Concerned 38% 48% Not concerned 37% 30% Not concerned 62% 52% Total Respondents 978 970 Total Respondents 989 957 NOTES: "Concerned" includes responses of "very concerned" nnd "somewllnt concerned." "Not cOllcerned " includes responses of "not too concerned" and "not at all concerned." Survey 2000 responses are weigllted. SOURCE; SaIl Dil'RO Associiltion ojGovrrmlll'Ilt5 I I I I I I I I I , I I I I 21 I ... ... Personal Experiences as Crime Victims in Past Year "Were you or anyone in your household the victim of a crime during the past year?" ... In 1997, survey participants were asked if they had been a victim of a crime during the past year. In 2000, the phrase, "or anyone in your household," was added in an effort to obtain a more accurate picture of victimization. .... ; ... Twenty-one percent (21%) of respondents in 1997 indicated that they were victims during the previous year. Table 8 shows that this percentage dropped to 16 percent in 2000, or about one in six respondents. It should be noted that respondents from both surveys included offenses that may not actually be a crime, such as traffic accidents. According to SANDAG's 1999 Annual Report, Crime in the Region, an estimated one of every ten residents of Chula Vista was a crime victim in 1998. This figure is based on the FBI Index, which are the seven most serious crimes reported to police (homicide, forcible rape, burglary, robbery, larceny, aggravated assault, and arson). ~ i ~ "" "Did the crime occur in Chula Vista?" "'" > Nearly twice as many victims in 2000 compared to 1997 reported that the crime did not occur in Chula Vista (17% versus 9%) (Table 8). The difference in the two time periods may be associated with the addition of the words, "anyone in your household" to the question regarding victimization. * , * "Did you report this crime to the police? If not, why not?" ..., j, In 1997, survey participants were asked, "Did you file a report with the police?" In an effort to obtain a more accurate picture of the percentage of victims that report the crime, rather than the percentage of victims that file a report, this question was altered in 2000 to, "Did you report this crime to police?" '" 1 Results from the 1998 National Crime Victimization Survey (NCVS) estimate that 35 percent of victims report the crime to police (BJS, 1999). By comparison, 70 percent or more of victim respondents from the 1997 and 2000 Chula Vista Resident Opinion Survey indicated that they either filed a report (Survey 1997) or, reported the crime to police (Survey 2000) (Table 8). .., \ ., i ~ Respondents from both surveys gave similar reasons as to why they did not report the crime or file a report with the police such as, "the police don't do anything about it," "it wasn't serious enough to call the police," or "it was my fault for leaving the [item] outside unlocked" (not shown). ., I , : .." l ""'I 22 ...... \ j I I I I I Table 8 VICTIMIZATION Chula Vista Resident Opinion Survey, 2000 and 1997 Were you,oranyone in your household, the victim ola crime during the past year? I Survey 2000 Survey 19971 Percent Percent Yes 16% 21% No 84% 79% Number affirmative 183 207 Total Respondents 1,177 994 Did the crim e occur in Ch uIa Vista? Yes 83% 91% No 17% 9% Total Respondents 182 206 Did you file a report with the police? Yes 72% 70% No 28% 30% Total Respondents 179 206 What crime was it? Theft ' 54% 69% Vandalism / Graffiti 15% 15% Motor Vehicle Theft 10% 14% Assault 7% 7% Traffic Accident 2% 6% Domestic Violence <1% 4% Other offenses 13% 13% Total Respondents 183 207 I I I I I I I I 1 Survey 1997, did not include the phrase, ~ornnyont' in YOilrhollsrhofd.. 2 Responses include"burglnry,- .robbery,- -/lIralTy,.or wtlltft,- NOTES: Percenttlgt's tlrt based on IJIII/tiple responses. Survey 2000 rf'sponsf's art' weighted. SOURCE: San Diego Association of Governlll fnts "What crime was it?" I I I Respondents from both surveys were most likely to have been victims of a property-related crime, which includes theft, vandalism, graffiti, and motor vehicle theft. It is not clear if respondents understand the legal distinction between different types of theft, some wrote, "burglary," some wrote, "robbery," and some simply wrote, "theft." In presenting the results of this question, these responses are combined into the category "theft" (Table 8). Respondents that had been the victim of some type of theft (excluding motor vehicle theft) dropped 15 percentage points (from 69% in 1997 to 54% in 2000). Motor vehicle theft dropped from 14 percent in 1997 to ten percent in 2000, and domestic violence dropped I 23 I - from four percent in 1997 to less than one percent (two victims) in 2000. Traffic accidents also dropped from six percent in 1997 to two percent in 2000, however this variance may be due in part to the respondents' perception as to whether or not a traffic accident is a "crime." Other types of crimes included telephone harassment, fraud, credit card theft, trespassing, and public disturbance, etc. - - The effect of respondent characteristics on victimization shows a few differences with respect to age and location of residence. Assault victims are more likely to be in the youngest age group (18 to 34) and motor vehicle theft victims are more likely to be in the middle age group (35 to 54). Burglary victims are more likely to live in Sector Two than in either of the other two sectors, which might explain why residents in Sector Two feel less safe than other residents (page 11). Tables depicting respondent characteristics and responses to most questions about victimization are presented in Appendix A. ""I "'!t - ~ Contact with Police in the Past Year ., "Have you, or anyone in your household, contacted the Chula Vista Police Department during the past year for any of the following reasons?" "'" Participants in both surveys were presented with descriptions of eleven possible types of contact with police department personnel and asked to indicate whether or not it occurred in the past year. In 2000, 50 percent of respondents had at least one type of contact during the previous year and in 1997, 58 percent reported that they had at least one type of contact (Table 9). ., , )~ The majority of contacts from both surveys occurred when respondents phoned the police. About one-third of Survey 2000 respondents called the police report a crime compared to 41 percent of 1997 respondents. About one-third of respondents from both surveys called to ask a question and about one-quarter called 911 to report an emergency. The proportion of respondents indicating that they contacted the police for one of the other reasons described is similar for respondents from both surveys. A percentage of respondents in both groups (29% in 2000, 15% in 1997) provided written comments about a variety of other types of contacts. However, most of these contacts were a telephone call to the police department for a variety of reasons often not related to a crime or ask a question (two of the types of contacts provided on the survey). Some of the more unique "other" contacts reported by respondents included, .... . .., ;i , , .., ~ l .... ~. . "1 was out looking for my cat late at night, the officer offered his assistance." . "1 brought Christmas goodies to the police station." . "1 checked out the police web site." . "My relatives are CVPD officers and 1 have contact with them regularly." . "CVPD finger-printed me for a job." . "Police called to let me know my car had been vandalized." . "1 asked CVPD for advice about graffiti problems, they were wonderful." . "My home alarm system went off, response was quick." . "1 called to request that a traffic radar unit be placed in our area." "'" .., \' 4i \ 24 .., ., i , I I Table 9 CONTACT WITH POLICE Chula Vista Resident Opinion Survey, 2000 and 1997 I Have you, or anyone in your household, contacted the Chula Vista Police Departm ent during the past year for any of the follow ing reasons? I I I I Yes No Number affirmative Total Respondents Reason for Contact I Phoned police to report a crime Phoned police to ask a question Phoned 911 to report an emergency Asked an officer on the street a question not related to a crime Spoke to an officer on the street regarding a crime Received a traffic violation or citation Attended community meeting at which police were present or participating Involved in a traffic accident and a police officer came to the scene Went to a police station to report a crime Attended community meeting that was sponsored by the police department Was arrested Other contacts Total Respondents I I I I I Survey 2000 Survey 1997 Percent Percent 50% 50% 588 58% 42% 579 1,181 1,003 32% 41% 30% 34% 26% 25% 15% 17% 11% 14% 11% 11% 7% 10% 7% 6% 6% 5% 4% 8% 1% 1% 29% 15% 588 579 I NOTES: Prrcentages are based on m uItiple responses. Survey 2000 responses are weighted. SOURCE: San Diego Association o/Governments I I I I 25 I ... "Thinking about your last contact with a Chula Vista Police Department employee, please indicate how you felt about the employee's behavior." ... ... Respondents that did have contact with a police department employee in the previous year (50% in 2000) were asked to indicate their level of agreement with nine statements about the employee's attitude and behavior. In presenting the results of these statements, "strongly agree" and "somewhat agree" were combined into the category, "agree." Similarly, "strongly disagree" and "somewhat disagree" were combined into the category, "disagree." Table 10 shows respondents' level of agreement ranked according to the highest percentage that agreed with the statement in 2000, to the lowest percentage that agreed with the statement. Some respondents indicated that they did not have contact with the police department, but inadvertently responded to the statements evaluating the police employees' attitude during their last contact. These responses are excluded from the analysis in 2000. .., ..., -- . ., Table 10 shows that more than 82 percent of respondents from both surveys agree that police employees displayed professional conduct, were knowledgeable, respectful, generally pleasant, courteous, fair, helpful, caring and responded in a reasonable time. Nine out of ten respondents from both surveys agree with the statements: the employee displayed professional conduct, and seemed to have adequate knowledge. .~ Survey participants in the youngest age group (18 to 34) are proportionately more likely to disagree with all of the statements about police behavior and their attitude except whether police responded in a reasonable time. However, at least 69 percent of respondents in the youngest age group did agree with all of the statements. The majority of respondents in the oldest age group (55 and older) agreed positively with all of the statements. There is also a difference in opinions based on where residents live. Residents that live in Sector Three were proportionately more likely to agree with all of the statements more than those that live in Sectors One and Two. Tables depicting respondent characteristics and opinions regarding police behavior and attitudes are presented in Appendix A. ., i , ... ~ ""'I .., ... l, , ;! ... , .; i' \ ""'I 26 - t . I I I I I I I I I I II t , I I I I I I Table 10 OPINIONS OF POLICE OFFICERS' BEHAVIOR AND A TITIUDE Chula Vista Resident Opinion Survey, 2000 and 1997 Thinking about your last contact with a Chula Vista Police Department employee, indicate how you felt about the employee 's behavior. The police employee lIast had contact with... Survey 2000 Survey 1997 Percent Percent Displayed professional conduct A~re 910/0 Disa~re 9% Total Respondents 505 94% 6% 689 Seemed to have adequate knowledge A~re 91 % 92% Disa~re 9% 8% Total Respondents 496 664 Demonstrated a respectful attitude A~re 89% Disa~re 11% Total Respondents 504 Was generally a pleasant person A~re 88% Disa~re 12% Total Respondents 502 Had a courreous manner A~ Disa~re TntaI Respondents 88% 12% 514 NOTE: Suruey 2000 responses are weighted. SOURCE: San Diego Association of Governments 92% 8% 677 92% 8% 671 91% 9% 683 Survey 2000 Survey 1997 Percent Percent Treated me fairly A~ 87% Disa~re 13% Total Respondents 493 Was helpful A~re 86% Disa~re 14% Total Respondents 488 Responded in a reasonable time A~re 85% Disa~re 15% Total Respondents 466 Was caring and I or sensitive A~re 82% Disa~re 18% Total Respondents 468 92% 8% 669 88% 12% 652 85% 15% 621 86% 14% 642 27 "" "Overall~ my contacts with the Chula Vista Police Department have been, excellent, good, fair or poor" .... Participants in Survey 2000 who did have contact with the police department were given the opportunity to rate their overall opinion about the contact as "excellent," "good," "fair" or "poor." Only respondents who indicated that they had contact in the previous year are included in the analysis. As previously mentioned, half (50%) of the survey participants in 2000 had contact with the police department (Table 9). .... - Figure 1 shows that over 80 percent of the people who had contact with a police department employee during the previous year rated that experience as either excellent (47%) or good (34%). Thirteen percent (13%) rated the experience as fair, and six percent as poor. The effect of respondent characteristics shows there is a difference in opinion with respect to age, and sector. Sixty percent (60%) of respondents in the oldest age group (55 and over) rated their overall opinion as, excellent, compared to 44 percent of respondents in the middle age group (35 to 54) and 34 percent of respondents in the youngest age group (18 to 34). Similarly, only three percent of respondents age 55 and older rated their contact as poor, compared to seven percent in the middle age group and eight percent in the youngest age group. "'! ... , .., ..... With respect to respondents' sector, 53 percent of respondents from Sector Three rated their contact as excellent compared to 47 percent from Sector One and 43 percent in Sector Two. Nineteen percent (19%) of the respondents from Sector Two rated their contact as fair, compared to eleven percent from Sector One and six percent from Sector Three. Eight percent of respondents from Sector Three rated their overall contact as poor, compared to five percent from both Sector Two and Sector Three. Tables depicting respondent characteristics and their opinion regarding their contact with the police are presented in Appendix A. ., '~ ... ,I , - I Figure 1 OVERALL OPINION OF CONTACTS WITH POLICE DEP ARlMENT Chula Vista Resident Opinion Survey, 2000 ~ ... \ , ., .... , ., ... 28 ., \ I I I I I I I I I I , I I I I I I I I "Compared to one year ago, do you see more, less, or about the same number of police officers on the streets in Chula Vista? " A comparison of the two surveys shows a very slight change in response percentages with respect to whether respondents see more, less, or about the same number of police officers on the streets of Chula Vista (Table 11). Thirty-five percent (35%) of Survey 2000 respondents see more police on the street compared to 33 percent of Survey 1997 respondents. There is no change in the percentage that sees fewer police on the streets (12%). Only a two-percentage point decrease is noted among respondents that see about the same number of police on the streets (53% in 2000; 55% in 1997). In actuality, the Chula Vista Police Department added 24 sworn police officers to its staff between fiscal years 1998-99 and 1999-00 and six sworn officers between fiscal years 1995- 96 and 1996-97 (the years previous to each survey). However, as a result of the population growth in the City of Chula Vista, the ratio of sworn law enforcement officers to the population has increased only slightly overall (from 1.15 per 1,000 population in FY95-96 to 1.26 per 1,000 population in FY99-00) (Allnutt and Pennell, 2000). Table 11 NUMBER OF POLICE ON THE STREETS Chula Vista Resident Opinion Survey, 2000 and 1997 Compared to one year ago, do you see more, less, or about the same number of police officers on the streets in Chula Vista? Survey 2000 Survey 1997 Percent Percent More 35% 33% Less 12% 12% About the same 53% 55% Total Respondents 1,042 941 NOTE: Survey 2000 respol1sf'S are weighted. SOURCE: San Diego Association a/Governments Familiarity With Police Services, Programs and Special Units "Have you heard about the following Chula Vista Police Department services, programs and special units? Participants in both surveys were presented with a list of police services, programs, and special units and asked whether they had heard of it and whether they had used it. Survey 1997 participants were presented with a list of 16 services, programs and special units. Survey 2000 participants were presented with a list of 22, which included most of the services, programs and special units presented in 1997. 29 ... Table 12 presents the list of services, programs and special units in the order of their appearance on Survey 2000. Those services that were not on the survey in 1997 are noted on the table as not applicable (n/ a). The services, programs or special units known by at least half (50%) of Chula Vista residents include the Senior Volunteer Patrol, Neighborhood Watch Program, Reserve Officers, Narcotics Enforcement Team, School Safety Patrol, Crime Prevention Awareness Program, Traffic Enforcement Team, Graffiti Abatement Program, and Crimes of Violence Unit. More than 70 percent of respondents had never heard of the Crime Free Multi-Housing Program or the Citizens' Adversity Support Team (CAST). The two programs most often used by both the 1997 and 2000 Survey respondents include the Neighborhood Watch Program and the School Safety Patrol Program. The majority (19 of 22) of the services, programs, and special tmits were used by five percent or less of respondents. - ... .., ... - Table 12 FAMILIARITY wrm POLICE SERVICES Chula Vista Resident Opinion Survey, 2000 and 1997 ... Have you heard about the following Chu/a Vista Police Department services, programs, and special "" uuits? Survey Survey Survey Survey 2000 1997 2000 1997 ... , Percent Percent Percent Percent Crimes a/Violence Unit Traffic Enforcement Team ... Never heard of it before today 47% ofa Never heard of it before today 41% ofa Heard of it, but never used it 52% ofa Heard of it, but never used it 58% ofa Have used it before 2% ofa Have used it before 2% ofa ... Total Respondents 1,137 Total Respondents 1,132 !d Family Protection Unit Regionat Auto Theft Task Force (RA IT) Never heard of it before today 50% ofa Never heard of it before today 57% 49% ... Heard of it, but never used it 49% ofa Heard of it, but never used it 41% 49% I Have used it before 1% ofa Have used it before 2% 2% Total Respondents 1,130 Total Respondents 1,128 1,020 .. 1 r. Property Crimes Unit Hostage Negotiating Team Never heard of it before today 46% o/a Never heard of it before today 52% 56% Heard of it, but never used it 46% ofa Heard of it, but never used it 48% 44% , Have used it before 7% ofa Have used it before <1% <1% .~ Total Respondents 1,130 Total Respondents 1,127 1,015 School Resource Officers Reserve Officers """ ~. Never heard of it before today 51% 64% Never heard of it before today 36% 31% , Heard of it, but never used it 45% 32% Heard of it, but never used it 63% 67% Have used it before 3% 4% Have used it before 1% 1% "'f f Total Respondents 1,123 1,012 Total Respondents 1,122 1,014 ; Table continued next page .q , '""I 30 "'f , I I I Table 12 (continued) FAMILIARITY WITH POLICE SERVICES Chula Vista Resident Opinion Survey, 2000 and 1997 Have you heard about the following Chula Vista Police Department services, programs, and special units? I I I Survey 2000 Percent Survey 1997 f!illrll Survey 2000 Percent Survey 1997 Percent I Police Activities League Graffiti A batement Program Never heard of it before today 56% 50% Never heard of it before today 40% 42% Heard of it, but never used it 41% 48% Heard of it, but never used it 55% 55% Have used it before 2% 2% Have used it before 5% 4% Total Respondents 1,123 1,012 Total Respondents 1,142 1,020 Shop-With~A~Cop Program Crime Free Multi-Housing Program Never heard of it before today 65% 64% Never heard of it before today 73% n/. Heard of it, but never used it 32% 34% Heard of it, but never used it 26% n/. Have used it before 2% 2% Have used it before 1% n/. Total Respondents 1,124 1,017 Total Respondents l,llO School Safety Patrol Program Citiz.ens A dversity Support Team (CAST) Never heard of it before today 31% 21% Never heard of it before today 71% 70% Heard of it, but never used it 59% 67% Heard of it, but never used it 27% 28% Have used it before 9% 12% Have used it before 2% 2% Total Respondents 1,134 1,020 Total Respondents 1,101 1,010 Juvenile Offender Diversion Program Senior Volunteer Patrol Program (SVPP) Never heard of it before today 57% 61% Never heard of it before today 15% 13% Heard of it, but never used it 41% 37% Heard of it, but never used it 80% 82% Have used it before 1% 2% Have used it before 5% 5% Total Respondents l,ll9 1,008 Total Respondents 1,137 1,045 Explorer Program Family Violence Response Team Never heard of it before today 55% 53% Never heard of it before today 58% n/. Heard of it, but never used it 43% 45% Heard of it, but never used it 41% n/. Have used it before 2% 2% Have used it before 1% n/. Total Respondents l,ll9 1,005 Total Respondents l,llO Narcotics Enforcement Team Neighborhood Watch Program Never heard of it before today 35% n/. Never heard of it before today 13% 9% Heard of it, but never used it 63% n/. Heard of it, but never used it 74% 74% Have used it before 1% n/. Have used it before 13% 17% Total Respondents 1,140 Total Respondents 1,138 1,042 Street Team Crime Prevention Awareness Program Never heard of it before today 63% n/. Never heard of it before today 37% 30% Heard of it, but never used it 37% n/. Heard of it, but never used it 59% 64% Have used it before 1% n/. Have used it before 4% 6% Total Respondents 1,130 Total Respondents 1,121 1,022 NOTES: Percentages may notequall00 due to rounding. Survey 2000 responses are weighted. SOURCE: San Diego Association a/Governments I I I I I I I I I I I 31 I """ Opinions About Police Priorities - "Please rate the priority level that the Chula Vista Police Department should place on the each of the following..." - . reduce the number of crimes . enforce laws in general . enforce juvenile truancy and curfew laws . educate public about police services . educate public about crime prevention . maintain a visible presence in the community . reduce citizens' fear of crime . respond quickly to calls for service . be available to take reports in person . remove abandoned cars from streets . participate in youth mentorship programs . participate in community athletic programs . participate in community I school functions . participate in city planning groups ... - ... ... ""'" Both Survey 2000 and Survey 1997 participants were instructed to rate the level of priority that they believe the Chula Vista Police Department should give to the 14 strategies (or actions) listed above as either "high priority," "medium priority," or "low priority" (Table 13). Over half (50%) of respondents from both surveys indicated that the following should be high police priorities: - , "" 1 . respond quickly to calls for service . reduce the number of crimes . maintain a visible presence in the community . enforce laws in general . enforce juvenile truancy and curfew laws . reduce citizens' fear of crime . educate public about crime prevention, and . be available to take reports in person. - 1 I Co "" Comparisons of 1997 and 2000 Survey respondents show only minor changes in respondents' rankings, an indication that the residents of Chula Vista have not significantly changed their opinions of police priorities significantly. Over 90 percent (91%) of the residents of Chula Vista in 2000 and 87 percent in 1997, think that a high priority should be placed on responding quickly to calls for service. As previously discussed, 85 percent of respondents from both surveys agreed with the statement that police respond in a reasonable time (Table 10). Although nearly all residents (98%) think the police should maintain a visible presence in the community (high and medium priority combined), less than a third think police should participate in youth mentorship programs, school functions, or city planning groups, and less than 40 percent think the police should participate in community athletic programs (low priority responses). ... '~ - ., i , ... ...., 32 "'" 1 I Table 13 POLICE PRIORTIY LEVEL Chula Vista Resident Opinion Survey, 2000 and 1997 I I Rate the priority level the Chula Vista Police Department should place on each of the following. Survey 1997 Survey 2000 Survey 1997 Percent Percent Percent Be available to take reports in person 87% High priority 52% 50% 12% Medium priority 40% 39% 1% Low priority 7% 11% 1,028 Total Respondents 1,121 1,001 Educate the public about police services 87% High priority 39% 39% 12% Medium priority 49% 46% 2% low priority 12% 15% 1,014 Total Respondents 1,126 1,017 Survey 2000 Percent I Respond quickly to calls for service High priority 91% Medium priority 9% Low priority 1 % Total Respondents 1,139 I I I Reduce the number of crimes High priority 87% Medium priority 12% Low priority 1 % Total Respondents 1,119 I Maintain a visible presence in the community High priority 80% 81 % Medium priority 18% 16% Low priority 2% 3% Total Respondents 1,140 1,035 Participate in youth mentorship programs High priority 36% Medium priority 49% Low priority 16% Total Respondents 1,107 32% 47% 21% 1,017 I Enforce latus in general High priority 67% Medium priority 31 % Low priority 2% Total Respondents 1,126 Participate in community I High priority Medium priority Low priority Total Respondents school functions 32% 33% 48% 46% 20% 21 % I 64% 33% 3% 1,019 1,089 1,022 I I Enforce juvenile truancy and curfew laws High priority 57% Medium priority 35% Low priority 8% Total Respondents 1,126 Participate in city planning groups High priority 28% 24% Medium priority 46% 48% Low priority 26% 28% Total Respondents 1,072 1,013 61% 31% 9% 1,016 I Reduce citizens' fear of crime High priority 53% Medium priority 38% Low priority 9% Total Respondents 1,092 Remove abandoned cars from streets High priority 27% Medium priority 41% Low priority 32% Total Respondents 1,086 51% 35% 14% 1,014 27% 38% 35% 1,023 I Edllcate the Pllblic abollt crime prevention High priority 52% Medium priority 42% Low priority 6% Total Respondents 1,117 Participate in community athletic programs High priority 20% Medium priority 43% Low priority 37% Total Respondents 1,052 I 53% 40% 7% 18% 43% 39% 1,014 1,024 I I NOTE: Survey 2000 responses are weighted. SOllRCE: San Diego Association of Governments I 33 I - Satisfaction With Police Services - "In general, how satisfied are you with the services of the Chula Vista Police Department?" ... Results from both surveys indicate that more than 90 percent of survey participants are satisfied with the services of the Chula Vista Police Department (Table 14). The percentage of respondents in each response category remained nearly identical for both groups of survey respondents. One percent (1 'Yo) of respondents, from both surveys, indicate that they are not at all satisfied with the police department. Tables depicting respondent characteristics and their satisfaction with police services are presented in Appendix A. ""'! - '"" Table 14 SATISFACTION WITH POLICE SERVICES Chula Vista Resident Opinion Survey, 2000 and 1997 ., In general, how satisfied are YOll with the servicces of the Chula Vista Police Department? - Survey 2000 rercent Survey 1997 Percent - 1 Very satisfied Sa tisfied Not too satisfied Not at all satisfied 34% 58% 7% 1% 34% 59% 6% 1% .., Total Respondents 1,102 1,026 - Nofe:Sllrvey 2000 responses are tvt'igJJted. SOURCE: San Diego Association ofGovl.'rllments ""'I "If not satisfied, why not? What improvements would you like to see? Would you like to add any additional comments?" .., , Survey participants were provided three opportunities to share why they were not satisfied and to make suggestions for improvements. One third of survey participants (390 survey participants) responded to one or'more of these questions (Table 15). Although respondents often repeated the same remark in response to all three questions, for purposes of analysis, it was counted only once regardless of the response category. ., , 4 - More than half of the respondents to these questions (54%) suggested that the city hire more police officers (Table 15). Some of the comments to that effect were similar to the following, "with the city growing so fast, we need a better ratio of police to population," "increase police visibility by hiring more cops," "hire more police to keep the crime down," "hire more police, we demand too much of them." '"If "'i .... 34 - ~ I I I I I I , I I I I I I I I I I I I Table 15 RESPONDENT COMMENTS Chula Vista Resident Opinion Survey, 2000 If not satisfied, why not? What improvement would you like to see? Would you like to add any other comments? Suggestions, Comments Hire more police officers Focus on traffic, speed enforcement Improve police attitudes or professionalism Focus on juvenile gangs/ delinquents Improve police response time Spend more time in the community Focus on crime prevention Don't focus so much on ticketing Get more involved with the community Be careful of racial prejudice Improve police officer education or training Positive Comments Any compliment directed toward the police department (services, personnel, or administration) "Thank you for the survey," "Thanks for listening. " Total Respondents Survey 2000 Number Percent 211 106 47 34 31 22 20 20 15 13 12 54% 27% 12% 9% 8% 6% 5% 5% 4% 3% 3% 156 40% 15 4% 390 NOTES: Percentages are based on multiple responses. Survey responses are weighted. SOURCE: San Diego Association afGovernments Forty percent (40%) of the comments included compliments for the police department on a "fine job," encouraged them to "keep up the good work," or thanked them for "keeping us safe." One comment was directed at several police officers for their "compassionate treatment toward my son during a terrible crisis," and another respondent wrote, "the police couldn't have been more helpful to my frightened wife." Several people made a point to thank the police department for sending out the survey and "listening" to their concerns. Consistent with respondents' opmlOns regarding police priorities, approximately one- quarter (27%) provided comments requesting that the police department increase 35 - enforcement of traffic and speed violations, while five percent suggested the opposite, that the police not focus so much on "ticketing" or traffic enforcement (Table 15). Examples of some of these statements are the following, . "More police need to be present near high schools during arrival and dismissal times." . "Teach the teenagers how to drive." . "More traffic officers, please help." . "Traffic, traffic, traffic!" . "Telegraph Canyon has become the autobahn." . "Catch the speeders along Otay Lakes and Telegraph Canyon." . "Please install cameras at H Street, Otay Lakes and Telegraph Canyon Road." . "Pull off the radar cops!" . "Please, no more police waiting for us at stop signs!" . "Aren't there more important things the police can do besides setting up speed traps?" Twelve percent (12%) of respondents complained that the police need to "improve their attitude," and eight percent suggested that police should "improve response time." .... - ~ .... ~ .... .... Many of the comments were quite lengthy. Some included maps to indicate where they would like to see police focus their attention. Some people included their phone number and address in case the police department wanted to know more about what they wrote. All written comments were forwarded to the police department administrative staff by SANDAG. - .. Summary .. Results from both surveys show that the majority of Chula Vista residents are satisfied with the police department personnel and their delivery of services and rate their experience with the police as excellent or good. Fewer residents in 2000 think crime increased either in their neighborhood, the city or the county, which may be due in part to the fact that fewer Survey 2000 respondents were victimized by a crime. Residents' confidence in the police department may help explain why 70 percent of victims report the crime to the police department, unlike the national statistics, which indicate that only half that percentage usually reports the crime. However, the same three issues are still of most concern to residents in 2000 as they were in 1997: speeding vehicles, burglary, and graffiti. Also, a significant proportion of residents in both surveys are not familiar with many existing police services. .... j ... ! - .... ... ... .... 36 ""I' I I J I I I I I .' I I I I I I I I ! I CHAPTER 3 METHODOLOGY I I I I I I I I I I I I I I I I I I I METIIODOLOGY Survey 2000 Sampling Two sets of identically numbered labels representing a random sample of 3,000 households stratified within three distinct sectors as defined by the Chula Vista Police Department were purchased. SANDAG's demographic estimates of the City of Chula Vista, which are benchmarked to the 1990 federal census, determined that 35 percent of Chula Vista households are in Sector One, 39 percent in Sector Two and 26 percent in Sector Three. Therefore, 35 percent (1,050) of the surveys were mailed to households in Sector One, 39 percent (1,170) were mailed to households in Sector Two, and 26 percent (789) were mailed to households in Sector Three. For the first mailing, a numbered survey (matching the number on the address label) and postage-paid return envelope were sent to every address on the sample list. Three weeks later, the numbers on the returned surveys were used to identify households that returned a completed questionnaire. Those addresses were eliminated from the list of sampled households and a second mailing was conducted to the remaining addresses on the sample list. A total of 1,169 completed surveys were returned for an overall response rate of 39 percent. Surveys from each sector were returned disproportionate to the overall response rate requiring their responses to be weighted in order to reflect the overall opinion of residents from Chula Vista. Sector One produced a 37 percent response rate, Sector Two a 33 percent response rate and Sector Three a 47 percent response rate. Survey Review Each survey was reviewed and edited by SANDAG staff. Open-ended responses were read and examined for similarities and comments found to be related were coded accordingly for data entry. All other open-ended responses were entered into a computer file using Microsoft Excel software. Data were entered into a computer file and analyzed using Statistical Product and Service Solutions (SPSS) software and programs. Data Analysis The use of a mailed survey typically results in respondents electing to answer some questions and leaving others blank. The percentages in the tables are based upon the total number of individuals responding to each question, excluding those who skipped the question. Therefore, total respondents vary from question to question, as noted on the 39 "'" tables. Data that iTIclude multiple responses, which allow participants to select more than one response, have also been noted on the table. ., Tables were created based on both simple analysis of frequencies and cross-tabulations of respondent characteristics. The analyses of participant responses to each question are presented in this report and compared to the responses from the 1997 survey when appropriate. Responses were also analyzed by participant age, gender, ethnicity and sector and are presented in Appendix A. - ... ... Weighted Responses Survey responses were weighted in proportion to the expected frequency from each sector. Responses from Sector One were weighted by 1.06; responses from Sector Two were weighted by 1.18 and responses from Sector Three were weighted by .84. Thirty-three surveys that did not indicate their sector were not weighted, but included in the analyses. Tables in the text and appendices reflect the weighted percentages and corresponding number of respondents, unless otherwise indicated. - ... .... ." ""l J .... , \ "" '"'! , '"'! , "'" , .tIIIi!' 40 ""! I I I I I I I I I I I t , I I I I I I REFERENCES I I I I I I I I I I I I I I I I I I I REFERENCES Allnutt, Donna and Pennell S. (March, 2000) Crime in the Region, Annual 1999. San Diego, CA: San Diego Association of Governments. Bureau of Justice Statistics Ouly 1999) National Crime Victimization Survey; Criminal Victimization 1998, Changes 1997-98 with Trends 1993-98: Washington, D.C.: U.S. Department of Justice Internet Home Page (www.ojp.usdoj.gov/bjs/htm). Pennell, Susan and Allnut, D. (October, 1997) Chula Vista Police Department 1997 Resident Opinion Survey. San Diego, CA: San Diego Association of Governments. 43 I I I I I I I I I I I I I I I I I I I APPENDIX A I I Table A-t.t HOW RESIDENTS FIND OUT ABOUT CRIME, by AGE Chula Vista Resident Opinion Survey, 2000 I How do you usually find out about crime in your area? I I 18 to 34 35 to 54 55 or older Television 84% 84% 84% Union-Tribune 17% 44% 54% Radio 18% 22% 22% Word - of - Mouth 21% 22% 23% Local/Community Newspaper 4% 10% 8% Other 4% 4% 1% Total Respondents 223 448 512 NOTE: Percentages are based on multiple responses. SOURCE: San Diego Association afGovernments I I I I I Table A-t.2 HOW RESIDENTS FIND OUT ABOUT CRIME, by ETHNICITY Chula Vista Resident Opinion Survey, 2000 I I How do you usually find out about crime in your area? While Hisoanic Asian Other' Television 81% 86% 93% 96% Union-Tribune 50% 32% 45% 29% Radio 24% 22% 16% 17% Word - of - Mouth 24% 20% 14% 20% Local/Community Newspaper 10% 5% 5% 3% other 3% 2% 1% 4% Total Respondents 658 334 111 70 I I I I I 1 "Other" ethnicities include African American respondents. NOTE: Percentages are based on multiple responses. SOURCE: San Diego Association afGovernments I 47 I ... Table A-l.3 HOW RESIDENTS FIND OUT ABOUT CRIME, by SECTOR Chula Vista Resident Opinion Survey, 2000 ... ... How do you usually find out about crime inyourarea? ... Sector 1 Sector 2 Sector 3 Television 86% 84% 82% ... Union-Tribune 44% 41% 44% Radio 20% 22% 24% Word - of - Mouth 25% 22% 19% ... Local/Community Newspaper 8% 7% 10% Other 2% 4% 3% .... Total Respondents 411 455 306 NOTE: Percentages are based on multiple responses. ... SOURCE: San Diego Association afGovernments .... Table A-l.4 HOW RESIDENTS FIND OUT ABOUT CRIME, by GENDER Chula Vista Resident Opinion Survey, 2000 ... ... How do you usually find out about crime in your area? Television Union-Tribune Radio Word - of - Mouth Local/Community Newspaper Other Total Respondents Male 85% 41% 20% 22% 8% 3% Female 83% 46% 23% 22% 8% 2% ... .... ... 641 531 NOTE: Percentages are based on multiple responses. SOURCE: San Diego Association afGovernments '"'! .... .... .... 48 ... I I I I I I I I I I I I I I I I I I I Table A-2.1 OPINIONS ABOUT MEDIA PORTRAYAL OF CRIME, by AGE Chula Vista Resident Opinion Survey, 2000 Which statement best describes the way you think the media covers crime in the City of Chula Vista? Presents a low estimate Presents a fairly accurate picture Exaggerates amount of crime Total Respondents 18 to 34 28% 60% 12% 173 35 to 54 31% 59% 10% 339 55 or older 27% 63% 9% 378 SOURCE: San Diego Association of Governments Table A-2.2 OPINIONS ABOUT MEDIA PORTRAYAL OF CRIME, by ElHNICITY Chula Vista Resident Opinion Survey, 2000 Which statement best describes the way you think the media covers crime in the City of Chula Vista? White Hispanic Asian Other1 Presents a low estimate 28% 27% 28% 40% Presents a fairly accurate picture 59% 65% 64% 49% Exaggerates amount of crime 12% 7% 8% 11% Total Respondents 492 256 90 47 1 "Other- ethnicities include African American respondents. SOURCE: San Diego Association of Governments 49 - ... Table A-2.3 OPINIONS ABOUT MEDIA PORTRAYAL OF CRIME, by SECTOR Chula Vista Resident Opinion Survey, 2000 ... Which statement best describes the way you think the media covers crime in the City ofChula Vista? Presents a low estimate Presents a fairly accurate picture Exaggerates amount of crime Total Respondents - Sector 1 30% 62% 7% Sector 2 29% 60% 11% 339 295 Sector 3 27% 60% 13% 245 ... - SOURCE: San Diego Association of Governments - ... ... Table A-2.4 OPINIONS ABOUT MEDIA PORTRAYAL OF CRIME, by GENDER Chula Vista Resident Opinion Survey, 2000 ... - Which statement best describes the way you think the media covers crime in the City ofChula Vista? Presents a low estimate Presents a fairly accurate picture Exaggerates amount of crime Total Respondents ... Male 31% 57% 12% 526 Female - 27% 64% 9% 625 ~ SOURCE: San Diego Association of Governments - .., ""I "'I 50 "'I I I I I I I I I I I I I '. I . I I I I Table A-3.1 OPINIONS ABOUT VlCTIMlZA nON, by AGE Chula Vista Resident Opinion Survey, 2000 During the past year, do you think your chance of becoming a victim of a crime in the City of Chula Vista has." ? Increased Decreased Stayed about the same Total Respondents 18 to 34 28% 11% 61% 221 35 to 54 24% 13% 63% 441 55 or older 21% 13% 65% 497 SOURCE: San Diego Association of Governments Table A-3.2 OPINIONS ABOUT VlCTIMlZA nON, by ETHNICITY Chula Vista Resident Opinion Survey, 2000 During the past year, do you think your chance of becoming a victim of a crime in the City of Chula Vista has". ? HisDanic Asian White 22% 12% 66% 642 24% 14% 62% 328 29% 13% 58% 109 Increased Decreased Stayed about the same Total Respondents 1 "Other" ethnicities include African American respondents. SOURCE: San Diego Association afGovernments 51 Other' 22% 13% 65% 69 Table A-3.3 OPINIONS ABOUT VICTIMIZATION, by SECTOR Chula Vista Resident Opinion Survey, 2000 During the past year, do you think your chance of becoming a victim of a crime in the City ofChula Vista has... ? .. ... ... ... Sector 1 Sector 2 Sector 3 Increased 25% 22% 24% Decreased 13% 14% 10% Stayed about the same 61% 63% 67% Total Respondents 402 449 299 ... .. NOTE: Percentages may not add to 100 due to rounding. SOURCE: San Diego Association of Governments Table A-3.4 OPINIONS ABOUT VICTIMIZATION, by GENDER Chula Vista Resident Opinion Survey, 2000 During the past year, do you think your chance of becoming a victim ofa crime in the City ofChula Vista has...? Increased Decreased Stayed about the same Total Respondents Male 21% 15% 64% 526 Female 25% 11% 64% 625 SOURCE: San Diego Association of Governments 52 ... ... ... ... ... ... ... , ., - . .., ... .. ... I I I I I I I I I I I I I I I I I I I Table A-3.5 OPINIONS ABOUT VICTIMIZA nON, by VICTIMIZED Chula Vista Resident Opinion Survey, 2000 During the past year, do you think your chance of becoming a victim of a crime in the City of Chula Vista has... ? Victim Not a victim Increased 43% 20% Decreased 8% 13% Stayed about the Same 49% 67% Total Respondents 181 974 SOURCE: San Diego Association of Governments 53 - Table A-4.1 OPINIONS ABOUT CRIME, by AGE Chula Vista Resident Opinion Survey, 2000 .., - - "'! """ ""! 54 - 'j I I I I I I I I I I I I I I I I I I I Table A-4.2 OPINIONS ABOUT CRIME, by ElHNICTIY Chula Vista Resident Opinion Survey, 2000 During the past year, do you think crime in the fol/owing areas has increased, decreased, or stayed about the same? White Hispanic A<rian Othei In my neighborhood Increased 14% 18% 16% 14% Decreased 17% 18% 16% 17% Stayed about the same 69% 64% 68% 69% Total Respondents 618 311 107 64 In the City of Chula Vista Increased 30% 34% 38% 27% Decreased 18% 17% 17% 26% Stayed about the same 51% 49% 45% 47% Total Respondents 616 311 106 62 In the County of San Diego Increased 42% 52% 55% 50% Decreased 17% 11% 13% 17% Stayed about the same 41% 38% 31% 33% Total Respondents 598 304 105 64 1 "Other" ethnicities include African American respondents. SOURCE: San Diego Association of Governments 55 .. ... Table A-4.3 OPINIONS ABOUT CRIME, by SECTOR ~ Chula Vista Resident Opinion Survey, 2000 ... During the past year, do you think crime in the following areas has increased, decreased, or stayed about the same? ... Sector 1 Sector 2 Sector 3 In my neighborhood .. Increased 15% 15% 16% Decreased 18% 18% 16% Stayed about the same 66% 67% 69% .. Total Respondents 387 425 290 ... In the City ofChula Vista Increased 32% 28% 36% Decreased 21% 19% 14% ... Stayed about the same 46% 53% 50% Total Respondents 385 418 291 ... In the Counttj of San Diego Increased 49% 45% 45% .... Decreased 17% 14% 14% Stayed about the same 34% 41% 41% ""! Total Respondents 381 406 285 NOTE: Percentages may not add to 100 due to rounding. SOURCE: San Diego Association of Governments ... ""! ... ... ... ... 56 ... I I I I I I I I I I I I I I I I I I I Table A-4.4 OPINIONS ABOUT CRIME, by GENDER Chula Vista Resident Opinion Survey, 2000 During the past year, do you think crime in the following areas has increased, decreased, or stayed about the same? Male Female In my neighborhood Increased 15% 15% Decreased 20% 16% Stayed about the same 65% 69% Total Respondents 516 587 In the City of Chula Vista Increased 26% 37% Decreased 22% 15% Stayed about the same 51% 49% Total Respondents 510 585 In the County of San Diego Increased 39% 52% Decreased 18% 12% Stayed about the same 43% 35% Total Respondents 504 567 NOTE: Percentages may not add to 100 due to rounding. SOURCE: San Diego Association of Governments 57 .. ... Table A-5.1 PERCEPTIONS OF SAFElY, by AGE "'! Chula Vista Resident Opinion Survey, 2000 How safe do you feel walking alone, in general? ... 18 to 34 35 to 54 55 or older Safe I reasonably safe 63% 80% 76% "'! Somewhat safe I unsafe 37% 20% 24% Total Respondents 219 437 488 ... How safe do you feel being at home alone . . .? .. During the day Safe I reasonably safe 85% 88% 86% Somewhat safe I unsafe 15% 12% 14% ... Total Respondents 218 433 478 During the night ... Safe I reasonably safe 68% 77% 75% Somewhat safe I unsafe 32% 23% 25% Total Respondents 219 433 489 .. Walking alone in the business areas...? ... ej' During the day Safe I reasonably safe 81% 83% 82% Somewhat safe I unsafe 19% 17% 18% ... Total Respondents 220 436 484 During the night ... Safe I reasonably safe 32% 40% 37% Somewhat safe I unsafe 68% 60% 63% Total Respondents 209 415 430 "'! Walking alone in your neighborhood. . .? ... During the night Safe I reasonably safe 40% 53% 42% Somewhat safe I unsafe 60% 47% 58% ., Total Respondents 217 430 437 SOURCE: San Diego Association of Governments ... ... 58 "'! , I I Table A-5.2 I PERCEPTIONS OF SAFETY, by ElHNICIIY Chula Vista Resident Opinion Survey, 2000 I How safe do you feel walking alone, in general? White Hisoanic Asian Other1 I Safe / reasonably safe 79% 67% 76% 68% Somewhat safe / unsafe 21% 33% 24% 32% Total Respondents 637 323 108 65 I How safe do you feel being at home alone. . .? I During the day Safe / reasonably safe 90% 82% 83% 80% Somewhat safe / unsafe 10% 18% 17% 20% I Total Respondents 636 316 109 59 During the night I Safe / reasonably safe 78% 68% 69% 73% Somewhat safe / unsafe 22% 32% 31% 27% Total Respondents 641 320 108 62 I Walking alone in the business areas...? I During the day Safe / reasonably safe 84% 80% 78% 77% Somewhat safe / unsafe 16% 20% 22% 23% I Total Respondents 640 320 106 64 I During the night Safe / reasonably safe 37% 38% 35% 41% Somewhat safe / unsafe 63% 62% 65% 59% I Total Respondents 586 305 99 56 Walking alone in your neighborhood. . .? I During the night Safe / reasonably safe 47% 42% 47% 56% I Somewhat safe / unsafe 53% 58% 53% 44% Total Respondents 598 311 102 61 I 1 "Other" ethnicities include African American respondents. SOURCE: San Diego Association of Govemments I 59 I ... ""I Table A-5.3 PERCEPTIONS OF SAFElY, by SECTOR ... Chula Vista Resident Opinion Survey, 2000 ... How safe do you feel walking alone, in general? Sector 1 Sector 2 Sector 3 Safe / reasonably safe 74% 68% 86% ... Somewhat safe / unsafe 26% 32% 14% Total Respondents 393 438 304 ... How safe do you feel being at home alone... ? ... During the day Safe / reasonably safe 86% 83% 92% Somewhat safe / unsafe 14% 17% 8% ... Total Respondents 390 429 299 During the night ... Safe / reasonably safe 74% 70% 82% Somewhat safe / unsafe 26% 30% 18% Total Respondents 398 436 298 '"'! Walking alone in the business areas. . . ? During the day ... Safe / reasonably safe 83% 79% 84% Somewhat safe / unsafe 17% 21% 16% ... Total Respondents 397 440 296 . During the night ... Safe / reasonably safe 37% 36% 39% if Somewhat safe / unsafe 63% 64% 61% Total Respondents 363 405 279 .., Walking alone in your neighborhood. . .? During the night ... \ Safe / reasonably safe 45% 38% 58% Somewhat safe / unsafe 55% 62% 42% Total Respondents 371 412 292 ... SOURCE: San Diego Association of Governments ... '""l 60 ..-. I I Table A-5.4 PERCEPTIONS OF SAFETY, by GENDER Chula Vista Resident Opinion Survey, 2000 I How safe do you feel walking alone, in general? I Male Female Safe / reasonably safe 79% 71% Somewhat safe / unsafe 21% 29% I Total Respondents 524 612 I How safe do youfeel being at home alone...? During the day I Safe / reasonably safe 89% 85% Somew hat safe / unsafe 11% 15% Total Respondents 503 617 I During the night Safe / reasonably safe 78% 71% I Somew hat safe / unsafe 22% 29% Total Respondents 514 617 I Walking alone in the business areas...? During the day I Safe / reasonably safe 85% 79% Somewhat safe / unsafe 15% 21% Total Respondents 520 610 I During the night Safe / reasonably safe 46% 30% I Somewhat safe / unsafe 54% 70% Total Respondents 487 560 I Walking alone in your neighborhood...? During the night I Safe / reasonably safe 55% 39% Somewhat safe / unsafe 45% 61% Total Respondents 506 570 I SOURCE: San Diego Association of Governments I I 61 I ... Table A-5.5 ~ PERCEPTIONS OF SAFElY, by VICTIMIZED Chula Vista Resident Opinion Survey, 2000 "'I Victim Not a vicIim ... How safe do you feel walking alone, in general? During the day .... Safe / reasonably safe 68% 76% Somewhat safe / unsafe 32% 24% ... Total Respondents 178 964 How safe do you feel being at home alone ...? .... During the day Safe / reasonably safe 79% 88% ... Somewhat safe / unsafe 21% 12% Total Respondents 170 955 - During the night Safe / reasonably safe 68% 76% .., Somewhat safe / trnSafe 32% 24% Total Respondents 178 964 "'I How safe do you feel walking alone in your neighborhood? During the night Safe / reasonably safe Somewhat safe / unsafe Total Respondents - i 'f 37% 63% 178 48% 52% 903 ., , SOURCE: San Diego Association of Governments ..., ... . .... .... .... 62 ., I I Table A-7.1 CONCERNS ABOUT NEIGHBORHOOD ISSUES, by AGE I Chula Vista Resident Opinion Survey, 2000 How concerned are you about the following issues in your neighborhood? I 181034 351054 55 or older 181034 351054 55 or older Speeding vehides Assault I Concerned 80% 82"10 85% Concerned 63% 59% 58% NoI concerned 20% 18"10 15"10 Not concerned 38"10 41% 42% Total Respondents 2Il8 406 451 Total Respondents 2Il8 35ll 405 I Bllrg/my Alcohol sn/es to YOllth Concerned 80% 79% 75% Concerned 53% 56% 61% I Not concerned 20% 21% 25% Not concerned 47"10 44% 39% Total Respondents 2Il8 406 423 Total Respondents 204 m 390 Grtffiti Child abllse I Concerned 72% 79% 75% Concerned 56% 52% 55% Not concerned 28"10 21% 25% Not concerned 44% 48"10 45% Total Respondents 206 406 428 Total Respondents 203 m 386 I Troffk accidents Homelessness Concerned 62% 69% 69% Concerned 55% 51% 56% I Not concerned 38"10 31% 31% Not concerned 45"10 49% 44% Total Respondents 2Il8 4M 421 Total Respondents 203 393 401 Gongs Hate crimes I Concerned 66% 69% 66% Concerned 52"10 48"10 53% Not concerned 34% 31% 34% Not concerned 48"10 52% 47'/0 Total Respondents 204 400 413 Total Respondents 199 384 3'D I Dl1Ig sn/es Domestic violence Concerned 62"10 61% 66% Concerned 52% 47"10 46% Not concerned 38"10 39'/. 34% Not concerned 48"10 53% 54% I Total Respondents I'D 388 4I.Y7 Total Respondents 202 389 380 Dn.gabllse Public dmnkenness I Concerned 61% 62"10 66% Concerned 48"10 41% 44% Not concerned 39'/. 38"10 34% Not concerned 52% 59% 56% Total Respondents 198 388 394- Total Respondents 204 396 406 I Hlego! possession offireanns Prostib.tion Concerned 66% 61% 63% Concerned 42"10 35"10 39'/. Not concerned 34% 39'/. 37"10 Not concerned 58"10 65"10 61% I Total Respondents 199 376 385 Total Respondents 201 m 384 NOTES: "Concemed" includes responses of "very concerned" and "somewlmt concenu>d. .. "Notcmu:emed "includes responses of "not too concfmed"and "not at all concerned. H I SOURCE: Solll Dirgo AssoCintioll ofGowmmt'nts I 63 I - ... Table A-7.2 CONCERNS ABOUT NEIGHBORHOOD ISSUES, by ETHNICITY Chula Vista Resident Opinion Survey, 2000 ... How coru:erned are you aboullhe following issues in your neighborhood? Other' .... While ~ Asian White ~ Asian Other' Speeding vehicles Assault O:ncemed 82% 84% 91% 75% O:ncemed 51% 72% 63% 61% ... Not coocemed 18% 16% 9% 25% Not coocemed 49% 28% 37% 39% Total Respondents ffJ7 291 91 65 Total Respondents S68 '1il7 86 S7 .... lJurglory Alt:ohol sales ID YOllth O:ncemed 75% 81% 84% 00% Coocemed 52% 66% 64% 59% Not coocemed 25% 19% 16% 2ll% Not coocemed 48% 34% :6% 41% ... Total Respondents 583 292 91 61 Total Respondents 547 281 85 59 Grtffiti Olild a/mse O:ncemed 76% 77'/0 68% 74% O:ncemed 48% 63% 55% 59% ... Not coocemed 24% 23% 32% 26% Not coocemed 52% 37% 45% 41% Total Respondents 587 295 88 62 Total Respondents 545 282 00 59 ... Tra/fii: aa:idents Homelessness O:ncemed 64% 72% 77% 67% O:ncemed 49% 62% 52% 58% Not concerned 36% 28% 23% 33% Not coocemed 51% 38% 48% 42% ... Total Respondents 584 '1il7 92 60 Total Respondents 560 2113 84 60 Grngs lU.te crimes O:ncemed 64% 73% 69% 69% O:ncemed 43% 62% 63% 63% .., Not coocemed 36% 27% 31% 31% Not coocemed 57% 38% 37% 37% Total Respondents S75 '1il6 84 61 Total Respondents 550 278 84 59 .... Dn'g sales Domestic violence O:ncemed 60% 74% 56% 56% O:ncemed 4ll% 61% 53% 47% Not coocemed 40% 26% 44% 44% Not coocemed 60% 39% 47% 53% ., Total Respondents 562 279 79 61 Total Respondents 544 278 81 59 Dn'g rhllse MIlt: dnrnkmness O:ncemed 59% 76% 54% 60% O:ncemed 37% 54% 51% 48% ... Not coocemed 41% 24% 46% 40% Not coocemed 63% 46% 49% 52% Total Respondents 857 278 78 S7 Total Respondents 567 '1il5 85 60 ... llkgal possession of firelJTl1lS PtostiMio" j O:ncemed 58% 70% 65% 67% O:ncemed 30% 52% 41% 43% Not coocemed 42% 30% 32% 33% Not coocemed 70% 48% 59% 57% ... Total Respondents 544 'Z77 74 S7 Total Respondents 547 281 78 58 I "Other.etIv1idtiestnd_J\fi1ron""""'=~ NOIfl3: "Concerned" fndtrles resp:nses q{~renJ cr::nanat' and "sareu.h:lt ctn:l'mErl. ~ ... HNotconcemed H indLdes J"€'SjXIflSeS c{"rd troCO'1OO11Erl" am Hrn at aU caumed." Sf:J.JKE SonDlefp A=tiatim qfGC<""""""" ""I 64 ... I I Table A-7.3 CONCERNS ABOUT NEIGHBORHOOD ISSUES, by SECTOR Chula Vista Resident Opinion Survey, 2000 I How Clll1Cemed are you about the following issues in your neighborhood? I _1 _2 _3 _1 _2 _3 Speeding ve/Udes Assra</t Gn:emrl 81% 84.% 84% Cm:ellled 59% 64% 52% I Not cx:n::em:ed 19'/0 16% 16% Not a:n:erred 41% 36% 48% Total Rl5pcx1denIs 382 399 2i8 Total Rl5pcx1denIs 363 m 266 I lllrglnry Alcohol sales tv youth Gn:emrl 75% 83% 75% Gn:emrl 58% 62% 52% Not co: cencl 25% 17% 25% Not cx:n::em:ed 42"/0 38% 48% I Total Rl5pcx1denIs 374 3S6 271 Total Rl5pcx1denIs 351 371 255 Graffiti aUld abuse Gn:emrl 76% 79'/0 71% Gn:emrl 54% 58% 48% I Not cx:n::em:ed 24% 21% 29% Not cx:n::em:ed 46% 42"/0 52'% Total Rl5pcx1denIs 371 395 2iE Total Rl5pcx1denIs 354 365 254 I Traffk accidents HOllle/essness Gn:emrl fJi% 70% 66% Gn:emrl 00% 58% 39'/0 Not cx:n::em:ed 34% 3J'lo 34% Not cx:n::em:ed 40% 42"/0 61% I Total Rl5pcx1denIs 365 394 2iE Total Rl5pcx1denIs 356 378 257 Glngs Hrtte aimes I Gn:emrl fn% 73% 61% Gn:emrl 51% 56% 43% Not cx:n::em:ed 34% 27"10 39'/0 Not co: .eu cl 49'/0 44% 57"10 Total Rl5pcx1denIs 370 384 261 Total Rl5pcx1denIs 350 374 254 I Ilug sales Domestic viD/ena Cace"cl 62% 70% 57% Gn:emrl 52% ~}% 38% Not co: """""" 38% 3J'lo 43% Not a:n:erred 48% ~}% 62% I Total R<spordenIs 300 374 255 Total R<spordenIs 354 361 252 Ilug abuse IUblicdnmkenness I Qn:emed 62% Wlo 58% Caceu"" 45"10 ~/o 34% Not co:cencl 38% 31% 42"/0 Not co:o::encl 55"10 ~/o fJj% Total Resp<nleris 355 369 253 Total Resp<nleris 361 379 262 I Illegal possession offtrenrms Ftostitution Gn:emrl 62% Wlo 56% Cace,,"" 42"10 43% 27"10 Notan:e.lcl 38% 31% 44% Not co: """""" 58% 57"10 73% I Total Rl5pcx1denIs 344 362 252 Total R..po..denls 351 363 256 NOTfS: "Coua?",ed "indudes rt'sponsesof'betycol1l.'t'11t'd"and :<1Omn.ohatcomYrnt'd." I 'Notmu:e",cd" indudrs rf'~ponst'Sof not too tUl1(t'rnt'dHand nototall t.'OtUl'm>d." s:l..JRCE: Sm Dcgo AssodationofCo~rnmenls I 65 I ... Table A-7.4 ... CONCERNS ABOUT NEIGHBORHOOD ISSUES, by GENDER Chula Vista Resident Opinion Survey, 2000 ... How concerned are you about the following issues in your neighborhood? Male Female Male Female ... Speeding vehicles Assault Concerned 82% 84% Concerned 58% 60% Not concerned 18% 16% Not concerned 42% 40% ... Total Respondents 486 570 Total Respondents 460 542 Burglary Akohol sales to youth ... Concerned 77% 78% Concerned 56% 58% Not concerned 23% 22% Not concerned 44% 42% Total Respondents 474 556 Total Respondents 446 529 ... Graffiti Child abuse Concerned 75% 76% Concerned 53% 56% ... Not concerned 25% 24% Not concerned 47% 44% Total Respondents 480 554 Total Respondents 440 530 Traffic accidents Homelessness ... Concerned 67% 69% Concerned 47% 59% Not concerned 33% 31% Not concerned 53% 41% Total Respondents 476 550 Total Respondents 454 537 .., Gangs Hate crimes Concerned 67% 67% Concerned 49% 52% ., Not concerned 33% 33% Not concerned 51% 48% Total Respondents 466 544 Total Respondents 441 532 .. Drug sales Domestic violence Concerned 64% 63% Concerned 45% 50% Not concerned 36% 37% Not concerned 55% 50% .., Total Respondents 457 528 Total Respondents 442 522 Drug abuse Public drunkenness Concerned 64% 64% Concerned 41% 46% ... Not concerned 36% 36% Not concerned 59% 54% Total Respondents 448 525 Total Respondents 461 538 ... nlegal possession of firearms Prostitntion Concerned 59% 66% Concerned 34% 41% Not concerned 41% 34% Not concerned 66% 59% .. Total Respondents 437 518 Total Respondents 449 517 NOTES: .. Concerned H includes responses of "very concerned" and "somewhat concerned. If "NotconcernedH includes responses of "not too concerned "and "not atoll concerned." .. SOURCE: San Diego Association of Governments ... 66 ... I I I I I I I I I I I I I I I I I I I Table A-8.1 VICTIMIZATION, by AGE Chula Vista Resident Opinion Survey, 2000 Were you, or anyone in your household, the victim of a crime during the past year? Yes No Total Respondents 18 to 34 72% 28% 220 35 to 54 83% 17% 444 Did the crime occur in Chula Vista? Yes No Total Respondents 72% 28% 58 87% 13% 77 Did you report this crime to the police? ~s ~% No 25% Total Respondents 59 61% 39% 75 55 or older 92% 8% 492 88% 12% 42 83% 17% 41 SOURCE: San Diego Association of Governments 67 - Table A-8.2 VICI1MIZA nON, by ETHNICITY Chula Vista Resident Opinion Survey, 2000 ... .... - Were you, or anyone in your household, the victim of a crime during the past year? '"" White Hispanic Asian Other1 Yes 87% 80% 86% 84% - No 13% 20% 14% 16% Total Respondents 648 326 104 67 ... Did the crime occur in Chula Vista? Yes 84% 84% 73% 82% - No 16% 16% 27% 18% Total Respondents 85 68 15 11 .... Did you report this crime to the police? Yes 72% 73% 73% 50% ... No 28% 27% 27% 50% j Total Respondents 85 64 15 10 -.,. 1 "Other"ethnicities include African American respondents. SOURCE: San Diego Association of Governments ... .... "" - - ... "" 68 ... I I I I I I I I I I I I I I I I I I I Table A-8.3 VICTIMIZA nON, by SEcrOR Chula Vista Resident Opinion Survey, 2000 Were you, or anyone in your household, the victim of a crime during the past year? Sector 1 Sector 2 Sector 3 Yes 87% 82% 85% No 13% 18% 15% Total Respondents 399 446 301 Did the crime occur in Chula Vista? Yes 87% 86% 71% No 13% 14% 29% Total Respondents 55 76 45 Did you report this crime to the police? Yes 72% 71% 79% No 28% 29% 21% Total Respondents 53 75 43 SOURCE: San Diego Association of Governments 69 - Table A-8.4 VICl1MIZA TION, by GENDER Chula Vista Resident Opinion Survey, 2000 ""l """ Were you, or anyone in your household, the victim of a crim e during the past year? - Yes No Total Respondents Male 16% 84% 518 Female 15% 85% 628 ... - Did the crime occur in Chula Vista? Yes 80% No 20% Total Respondents 80 84% 16% 96 .., ""l Did you report this crime to the police? Yes 69% No 31% Total Respondents 78 """ 72% 28% 94 ""I ; .... SOURCE: San Diego Association of Governments .IllIII!' .., ... ..., .., , ""'l ... 70 ... I I Table A-9.1 CONTACT wrrn POLICE, by AGE I. Chula Vista Resident Opinion Survey, 2000 I Have you, or anyone in your household, contacted the CJrula Vista Police Department during the past year for any of the following reasons? I 18 to 34 35 to 54 55 or older Phoned police to ask a question 13% 19% 12% I Phoned police to report a crime 28% 19% 8% I Phoned 911 to report an emergency 15% 13% 12% Went to a police station to report a crime 3% 2% 4% I Spoke to an officer on the street regarding a crime 4% 9% 3% I Asked an officer on the street a question not I related to a crime 10% 9% 6% Was arrested 1% 0% 1% I Attended a corrununity meeting sponsored by police departrrent 2% 3% 1% I Attended a community meeting at which police were present or participating 3% 5% 3% I Received a traffic violation or citation 9% 5% 4% I Involved in a traffic accident and a police officer came to the scene 4% 4% 2% I Other contact 14% 20% 10% I Total Respondents 219 438 507 I NOTE: Percentages are based on mll/tiple responses. SOURCE: San Diego Association of Governments I 71 I ... ... Table A-9.2 .. CONTACf wrm POLICE, by ElHNICITY Chula Vista Resident Opinion Survey, 2000 - Have you, or anyone in your household, contacted the azula VISta Police fRpartment during the past year for any of the following reasons? - White Hisoonic Asian oter1 H10ned police to ask a question 15% 12% 12% 17% ... H10ned police to report a crirre 15% 19% 11% 19% "'" H10ned 911 to report anerrergency 13% 16% 6% 12% Went to a police station to report a crirre 3% 3% 2% 3% ... Spoke to an officer on the street regarding a crirre 5% 5% 3% 13% ... Asked an officer on the street a questionnot "'I related to a crirre 8% 8% 2% 10% Was ar:ested 0'/0 1% 0% 1% ... Attended a rorrurunityrreeting sponsored by police departrrent 2% 2"/0 2% 1% ""' Attended a commmity!reeting at Nrlm police were present or participating 4% 3% 3% 4% ""'I Received a traffic violation or citation 4% 6% 6% 7% ... , Involved in a traffic aocident and a police officer carre to the SO:Y'e 2"/0 6% 3% 3% ""'I , O:her contact 15% 16% 9% 15% .... Total lkspondenIs 652 325 108 (f) 1 "Other" ellmicities inelude African American respondents. ... NOIE: Percentages are based on multiple responses. SOURCE: San Diego Association of Governments - 72 ""'I: I I I I I I I I I I I I I I I I I I I Table A-9.3 CONTACT WITH POLICE, by SECTOR Chula Vista Resident Opinion Survey, 2000 Have you, or anyone in your household, contacted the Chula Vista Police Department during the past year for any of the following reasons? Sector 1 Sector 2 Sector 3 Phoned police to ask a question 17% 15% 13% Phoned police to report a crime 17% 18% 13% Phoned 911 to report an emergency 16% 12% 11% Went to a police station to report a crime 3% 3% 3% Spoke to an officer on the street regarding a crime 6% 4% 6% Asked an officer on the street a question not related to a crime 8% 6% 10% Was arrested 1% 0"/0 <1% Attended a conununity meeting sponsored by police department 1% 1% 3% Attended a comrmmity meeting at which police were present or participating 5% 2% 5% Received a traffic violation or citation 6% 4% 5% Involved in a traffic accident and a police officer came to the scene 2% 4% 3% Other contact 16% 14% 15% Total Respondents 403 447 304 NOTE: Percentages are based on multiple responses. SOURCE: San Diego Association of Governments 73 - Table A-9.4 ... CONTAcrWITH POLICE, by GENDER Chula Vista Resident Opinion Survey, 2000 .... Have you, or anyone in your household, contacted the Chula Vista Police Department during the past year for any of the following reasons? - Male Female .... Phoned police to ask a question 15% 14% Phoned police to report a crirre 15% 17% - Phoned 911 to report an emergency 11% 15% Went to a police station to report a crirre 4% 3% .... Spoke to an officer on the street regarding a crirre 7% 4% - Asked an officer on the street a question not .... related to a crime 9% 7% Was arrested 1% <1% .... Attended a community rreeting sponsored by police department 1% 2% .... Attended a corrununity rreeting at which police were present or participating 3% 4% .... Received a traffic violation or citation 6% 5% ... Involved in a traffic accident and a police officer came to the scene 3% 3% ., Other contact 12% 16% Total Respondents 521 633 - NOI'E: Percentages are based on multiple responses. - SOURCE: San Diego Association of Governments .... ... 74 '" I I I Table A-IO.l OPINIONS OF POLICE OFFICERS' BEHAVIOR AND ATTITUDE, by AGE Chula Vista Resident Opinion Survey, 2000 I Thinking about your last contact with a Chula Vista Police Department em ployee, ind icate how you felt about the em ployee 's behavior. The police employee I last had contact with ... I I 18 10 34 35 10 54 55 or older Responded in a reasonable time Agree 84% 85% 86% Disagree 16% 15% 14% Total Respondents 101 205 153 Treated me fairly Agree 79% 88% 91% Disagree 21% 12% 9% Total Respondents 110 219 157 Displayed professional conduct Agree 86% 90% 93% Disagree 14% 10% 7% Total Respondents 111 220 168 Seemed to have adequate knowledge Agree 88% 90% 93% Disagree 12% 10% 7% Total Respondents 112 216 160 Demonstrated a respectful attitude Agree 78% 90% 93% Disagree 22% 10% 7% Total Respondents 111 219 167 Had a courteous manner Agree 77% 88% 94% Disagree 23% 12% 6% Total Respondents 113 222 173 Was generally a pleasantpeTson Agree 76% 87% 96% Disagree 24% 13% 4% Total Respondents 112 215 166 Was caring and I or sensitive Agree 69% 83% 91% Disagree 31% 17% 9% Total Respondents 107 204 150 Was helpflll Agree 80% 86% 91% Disagree 20% 14% 9% Total Respondents 110 212 158 SOllRCE:SIlI1 Diego Association o/Governments I I I I I I I I I I I I 75 I - .... TableA-10.2 OPINIONS OF POLICE OFFICERS' BEHAVIOR AND AlTITUDE, by ElHNICITY Chula Vista Resident Opinion Survey, 2000 ... Th inking abo u t yo u r last co ntact with a Ch ula Vista Po lice Departm en t em p 10 yee, indicate how youfeltabout the employee's behavior. The police employee I last .... had contact with ... White H isoanic Asian Other' Responded in a reasonable tirn e ... Agree 85% 84% 84% 89% Disagree 15% 16% 16% 11% Total Respondents 252 139 31 28 .... Treated me fairly Agree 91% 82% 84% 80% Disagree 9% 18% 16% 20% "'" Total Respondents 267 148 32 30 Displayed professional conduct Agree 93% 88% 91% 90% - Disagree 7% 12% 9% 10% Total Respondents 274 152 34 30 Seemed to have adequate knowledge .... Agree 90% 91% 92% 94% Disagree 10% 9% 8% 6% Total Respondents 269 146 36 31 .... Dem onstrated a respectful attihlde Agree 93% 85% 88% 81% Disagree 7% 15% 12% 19% - Total Respondents 274 150 34 31 H ad a courteous manner Agree 92% 84% 80% 84% .... Disagree 8% 16% 20% 16% , Total Respondents 279 153 35 31 Was generally a pleasantperson .... Agree 91% 84% 85% 84% Disagree 9% 16% 15% 16% Total Respondents 270 152 34 31 ... Was caring and I or sensitive Agree 87% 78% 77% 78% Disagree 13% 22% 23% 22% ... Total Respondents 249 147 31 27 Was helpful Agree 89% 83% 81% 87% ... Disagree 11% 17% 19% 13% Total Respondents 261 151 32 30 1 "Othf'YHrthnicities include' African American Tfspondrnts. "'" NOTE: Percelltages Inny not add to 100 dill! to rOllndillg. I ... 76 '" I I I I I I I I I I I I , I I I I I I Table A-10.3 OPINIONS OF POLICE OFFICERS' BEHAVIOR AND A TIITUDE, by SECTOR Chula Vista Resident Opinion Survey, 2000 Thinking aboutyourlastcontactwith a Chula Vista Police Department employee, indicate how you felt about the employee's behavior. The police em p loyee I last had contact with ... Sector 1 Sector 2 Sector 3 Responded in a reasonable time Agree 82% 86% 87% Disagree 18% 14% 13% Total Respondents 170 182 103 Treated me fairly Agree 87% 86% 89% Disagree 13% 14% 11% Total Respondents 178 188 118 Displayed professional conduct Agree 91% 89% 93% Disagree 9% 11% 7% Total Respondents 180 193 121 Seem ed to have adequ ate know ledge Agree 91% 89% 92% Disagree 9% 11% 8% Total Respondents 179 189 118 Demonstrated a respectful attitnde Agree 87% 88% 93% Disagree 13% 12% 8% Total Respondents 180 193 120 Had a courteous manner Agree 87% 87% 90% Disagree 13% 13% 10% Total Respondents 184 194 124 Was generally a pleasant person Agree 87% 87% 89% Disagree 13% 13% 11% Total Respondents 180 189 121 Was caring an d I or sen sitiv e Agree 82% 81% 85% Disagree 18% 19% 15% Total Respondents 168 180 109 Was helpfnl Agree 85% 86% 87% Disagree 15% 14% 13% Total Respondents 174 185 117 SOURCE: San Diego Association of Governments 77 ... TableA-10,4 OPINIONS OF POLICE OFFICERS' BEHAVIOR AND A TIlTUDE, by GENDER Chula Vista Resident Opinion Survey, 2000 """ ... Thinkingaboutyourlastcontactwith a Chula Vista Police Department employee, indicate how you felt about the employee's behavio r. The police em p 10 yee I last had co ntact with... .. Male Female Responded in a reasonable time Agree 82% 87% Disagree 18% 13% Total Respondents 198 258 Treated me fairly Agree 85% 89% Disagree 15% 11% Total Respondents 212 269 Displayed professional conduct Agree 89% 92% Disagree 11% 8% Total Respondents 223 271 Seemed to have adequate knowledge Agree 90% 91% Disagree 10% 9% Total Respondents 221 265 Demonstrated a respectful attitude Agree 86% 91% Disagree 14% 9% Total Respondents 221 271 Had a courteous manner Agree 86% 90% Disagree 14% 10% Total Respondents 222 278 Was generally apleasantperson Agree 85% 89% Disagree 15% 11% Total Respondents 219 271 Was caring and I or sensitive Agree 81% 84% Disagree 19% 16% Total Respondents 206 251 Was helpfu I Agree 85% 87% Disagree 15% 13% Total Respondents 214 265 SOURCE:San Diego Association ofGoVtTtIIlll'nts ""I - .., 'i" ..., ... ""I ... .... .. .... ... ... .... ""I 78 ""I' I I I I I I I I I I I I I I I I I I I Table A-I0.l.l OVERALL OPINION ABOUT CONTACTS, by AGE Chula Vista Resident Opinion Survey, 2000 Overall, my contact(s) with the Chula Vista Police Department have been... 18 to 34 35 to 54 55 or older Excellent 34% 44% 60% Good 33% 38% 30% Fair 25% 11% 6% Poor 8% 7% 3% Total Respondents 121 228 188 SOURCE: San Diego Association of Governments Table A-I0.l.2 OVERALL OPINION ABOUT CONTACTS, by ETHNICITY Chula Vista Resident Opinion Survey, 2000 Overall, my contact(s) with the Chula Vista Police Department have been... White Hispanic Asian Other' Excellent 55% 36% 43% 42% Good 31% 39% 38% 33% Fair 9% 19% 8% 12% Poor 5% 6% 11% 12% Total Respondents 297 160 37 33 1 "Other" ethnicities include African American respondents. SOURCE: San Diego Association of Governments 79 ... Table A-10.1.3 OVERALL OPINION ABOUT CONTACTS, by SECTOR Chula Vista Resident Opinion Survey, 2000 ... ~, Overall, my contact(s) with the Chula Vista Police Department have been... ... Sector 1 Sector 2 Sector 3 Excellent 47% 43% 53% Good 34% 33% 35% Fair 11% 19% 6% Poor 8% 5% 5% Total Respondents 194 211 130 SOURCE: San Diego Association of Governments ... - ... ... ... Table A-10.1.4 OVERALL OPINION ABOUT CONTACTS, by GENDER Chula Vista Resident Opinion Survey, 2000 "'I Overall, my contact(s) with the Chula Vista Police Department have been... ... Male Female ... Excellent Good Fair Poor Total Respondents 49% 32% 13% 6% 46% 35% 12% 6% ... ... 237 292 SOURCE: San Diego Association of Governments ... ... "'I ... 80 ... I I I I I I I I I I I I I I I I I I I Table A-14.1 SATISFACTION WTIH POLICE SERVICES, by AGE Chula Vista Resident Opinion Survey, 2000 In general, how satisfied are you with the services of the Chula Vista Police Deparment? 18 to 34 35 to 54 55 or older Very satisfied / satisfied 92% 91% 93% Somewhat satisfied / not satisfied 8% 9% 7% Total Respondents 196 417 482 SOURCE: San Diego Association of Governments Table A-14.2 SATISFACTION WITH POLICE SERVICES, by ETHNICITY Chula Vista Resident Opinion Survey, 2000 In general, how satisfied are you with the services of the Chula Vista Police Deparment? White Hispanic Asian Other' Very satisfied / satisfied 93% 92% 96% 83% Somewhat satisfied / not satisfied 7% 8% 4% 17% Total Respondents 624 304 98 63 1 "Other" ethnicities include African American respondents. SOURCE: San Diego Association of Governments 81 .. Table A-14.3 SATISFACTION WITH POLICE SERVICES, by SECTOR Chula Vista Resident Opinion Survey, 2000 .. ... In general, how satisfied are you with the services of the Chula Vista Police Deparment? ... Sector 1 Sector 2 Sector 3 Very satisfied / satisfied 91% 91% 95% Somewhat satisfied / not satisfied 9% 9% 5% Total Respondents 378 424 277 SOURCE: San Diego Association of Governments ... - - ""I ... Table A-14.4 SATISFACTION WITH POLICE SERVICES, by GENDER Chula Vista Resident Opinion Survey, 2000 "\ In general, how satisfied are you with the services of the Chula Vista Police Deparment? ~. Male Female ""I , Very satisfied / satisfied Somewhat satisfied / not satisfied Total Respondents 91% 93% .., 9% 7% 505 581 - SOURCE: San Diego Association of Governments - ~ "" .... 82 "'f I I I I I I I I I I I I I I I I I I I APPENDIX B I I I Table B-l CHARACTERISTICS OF SURVEY RESPONDENTS Chula Vista Resident Opinion Survey, 2000 I I I I Age 18 to 24 25 to 34 35 to 44 45 to 54 55 and older Total Respondents Ethnicity African American Asian / Pacific Islander Hispanic White Other Total Respondents I I I I I Sector 1: Northwestern Area 2: Southwestern Area 3: Eastern Area Total Respondents Level of Education Less than high school High School diploma / G.E.D. V oca tionaltraining Some college College degree Total Respondents I I Lived in Chula Vista Less than one year Ito 3 years 4 10 6 years 7 to 9 years 10 years or more Total Respondents I I I Percent 5% 14% 20% 18% 42% 1,147 Gender Male Female Total Respondents Percent 54% 46% 1,147 84% 4% 11% <1% 1,051 71% 29% 1,145 10% 10% 19% 19% 42% 1,068 NOTE: Percentages may not add to 100 due to rounding. Survey responses are !!Q1 weighted to reflect actual respondent characteristics. SOURCE: San Diego Association afGovernments I I 3% 10% 28% 56% 3% Primary Language English Asian / Pacific Islander Spanish Other 1,138 Total Respondents 34% 34% 32% Own or Ren t Own Rent 1,136 Total Resrondents 4% 17% 5% 34% 41% Income Under $15,000 $15,000 to $19,999 $20,000 to $34,999 $35,000 to $49,999 $50,000 or more Total Respondents 1,102 6% 14% 10% 7% 64% 1,155 85 I I I I I I I I I I I I I I I I I I I APPENDIX C I I I I I I I I I I I I I I I I I I I ~u?- ~ - - -- ~- -~ CllY OF CHUlA VISTA POLICE DEPARTMENT 2000 CHULA VISTA RESIDENT OPINION SURVEY Dear Chula Vista Resident: Vea la Carta en Espanol ~ As Chief of Chula Vista Police Department, I am sincerely interested in how you think the Department is doing. In 1999, we completed a Strategic Planning process that identified the personnel needs and the associated funding sources to address those needs so that they match the growth our community will enjoy over the next five years. Now, we want to take the opportunity to find out your feelings about the Police Department. - In 1997, we contracted with the San Diego Association of Governments (SANDAG) to conduct a random survey of Chula Vista residents to provide a means for residents to make suggestions, comments and to voice their concerns to the Police Department. We gained valuable insights, opinions and information from the survey. We want to conduct a resident survey every three years to compare previous results and to aid the Department in establishing its priorities for coming years. I encourage your participation in this second survey and hope that you will provide suggestions, comments and voice your concerns to the Police Department. This survey has been mailed to a random sample of Chula Vista residents. All responses will be held strictly confidential and anonymous. SANDAG has again been contracted by the Chula Vista Police Department to tabulate the results of the survey, and to ensure that the information is statistically valid and impartial. Thank you for your cooperation. Completed surveys will provide information about the Police Department's future priorities, programs and public services. Please use the enclosed postage- paid envelope to return your completed survey within the next two weeks. If you have any questions about the survey, wish to have a survey in Spanish, or if you wish to request information about services and programs offered by the Department, please call my office at (619) 691-5150. 276 FOURTH AVENUE. CHULA VISTA. CALIFORNIA 91910 ~1'(,..c""""_'Jl",,.c"oJP_' 89 .... ""! .... "'! .... ENCUESTA DE OPINION DE RESIDENTES DE CHULA VISTA 2000 ... Estimado Residente de Chula Vista: Como Jefe del Departamento de Policia de Chula Vista me interesa saber que piensa usted de las actividades del Departamento. En 1999 se llevo a cabo el proceso de planeacion estrategica, el cual identifico las necesidades dentro de nuestro personal y los recursos necesarios para obtener fondos teniendo en cuenta el crecimiento de la comunidad durante los proximos cinco aiios. Ahora tomaremos la oportunidad de conocer sus inquietudes acerca del Departamento de Policia. 4 ., En 1997, contratamos a la Asociacion de Gobiemos de San Diego (SANDAG) para llevar a cabo una encuesta al azar con los residentes de Chula Vista para que de alguna manera hicieran sugerencias, comentarios y para que nos hicieran llegar sus inquietudes al Departamento. Tenemos opiniones e informacion valiosa de las encuestas. Queremos llevar a cabo una encuesta cada Ires afios. Los invito a que comuniquen sus inquietudes al Departamento de Policia. "'" , \ "'I Esta encuesta ha sido enviada por correo a una muestra al azar de los residentes de Chula Vista. Todas las respuestas senin estrictamente confidenciales y anonimas. EI Departamento de Policia de Chula Vista contrato una vez mas a SANDAG para que tabule los resultados de la encuesta y para que aseguren que la informacion es estadisticamente valida e imparcial. ... Agradecemos su cooperacion. Las encuestas que se vayan completado nos proveeran de informacion importante acerca de programas, servicios publicos Y futuras prioridades del Departamento de Policia. Favor de ultilizar el sobre con estampillas que se incluye para que nos envien por correo la encuesta completada dentro de las proximas dos semanas. .... ... Si tiene alguna pregunta acerca de Ja encuesta 0 de como obtener una encuesta en espafiol 0 si desea informacion de los servicios y programas ofrecidos por el Departamento, llame a mi oficina al (619) 691-5150. ""! ..., ~ "'I ""! 90 ~ I I I I I I I I I I I I ~ I I I I . I ~v?~ ~ ~~~~ \NOTE: DATA PRESENTED ARE lliITWEIGHTEq CllY OF CHUlA VISTA POLICE DEPARTMENT The Chula Vista Police Department is conducting a survey of residents in Chula Vista to find out how you think the Chula Vista Police Department is doing and how you feel about crime in the area. Please help us by taking a few moments to answer the questions below. Please return the survey in the enclosed postage- paid envelope within two weeks. 2000 CHULA VISfA RESIDENT OPINION SURVEY 1. How do you usually find out about crime in your area? MOL TIPLE RESPONSE 8'1-% Television 22% Radio '1-3% Union-Tribune 8% Local/Community Newspaper (Please specify.) (Eastlake-New;-98%, Star New;-2%) 22% Word-of-mouth 3% Other (Please specify.) l!JT~ Per~knowleclfJe- {"Self'}=16; Imernet>=6; vartouQ- other resp~11. TcmwReq>01'WW= 1,169 2. Which statement best describes the way you think the media (television, radio, newspapers, magazines) covers crime in the City of Chula Vista? (Please choose one response.) 22% Media coverage presents a low estimate of the amount of crime occurring in the community. '1-6% Media coverage gives a fairly accurate picture of the amOunt of crime occurring in the community. 8% Media coverage exaggerates the amOunt of crime occurring in the community. 2'1-% I don't have an opinion of how the media covers crime in the City of Chula Vista. TcmwReq>01'WW= 1,156 3. During the past year, do you think your chance of becoming a victim of a crime in Chula Vista has increased, decreased, or stayed about the same? 2'1- % Increased 13 % Decreased 6'1-% Stayed about the same TcmwReq>01'WW= 1,146 4. During the past year, do you think that crime in the following areas has increased, decreased, or stayed about the same? Increased Decreased Stalled About the Same 67% 50% 39% A. Crime in my neighborhood 15 % B. Crime in the City of Chula Vista 32% C. Crime in the COlmty of San Diego '1-6% TcmwReq>01'WW= (...~fy0>>1l1,068 to-1,099) 91 18% 18% 15% Data are not weighted. ... 5. How safe do you feel in each of the following situations? For each situation, please circle the response that best describes how safe you feel. Very Safe ~ Reasonably Somewhat Safe Safe Very Unsafe Don't Know/ No Ovinion ... A. Walking alone in your neighborhood, 25% 50% 19% Lf% 2% in general '"'" During the Day B. Walking alone in the business areas 29% 52% 16% 2% 1% ... C. Being at home alone LfO% Lf7% 11% 2% .<1% During the Night ... D. Walking alone in your neighborhood 11% 3Lf% 35% 15% 5% E. Walking alone in the business areas 6% 29% Lf1% 18% 7% F. Being at home alone 29% Lf6% 20% Lf% <1% It... r~'ReqJorIMW= (Y~fr'01'IV1,1l6 m-1,l'I-8) 6. Do you avoid certain areas in Chula Vista because you feel they are not safe? '"'" 61% No ~ 39% Yes. If yes, what streets do you avoid? , " T~'ReqJorIMW=1,058 7. How concerned are you about the following issues in your neighborhood? "'l I I Very Somewhat Not Too NotAtAlI Don't Know/ Concenled Concerned Concerned Concerned No Ovinion .. A. Drug sales 35% 22% 22% 12% 8% I , B. Drug abuse 3Lf% 2Lf% 22% 12% 8% C. Gangs 38% 25% 20% 11% 6% .... D. megal possession of firearms 31% 25% 22% 13% 9% E. Public drunkenness 20% 20% 33% 21% 6% "'Il F. Alcohol sales to youth 29% 23% 23% 16% 9% G. Prostitution 21% 13% 25% 32% 9% ..$ H. Homelessness 25% 25% 23% 21% 6% IQ: 1. Burglary 37% 37% 17% 5% Lf% J. Assault 30% 25% 28% 11% 5% K. Domestic Violence 22% 21% 31% 17% 9% ., L. Child Abuse 30% 19% 26% 16% 8% M. Hate crimes 28% 18% 28% 18% 8% "" N. Graffiti Lf1% 16% , 31% 8% Lf% O. Traffic accidents 28% 38% 23% 8% 3% P. Speeding vehicles Lf8% 33% 12% 5% 2% "'l Q. Other 16%: 'R~Yed"U~ih.tyoy ~op ~ (70%); CCM" theftOY,,~ (l'I-%); I'\04eo (7%); ., tvaffic. (3 %) Tot:a:t..'ReqJorIMW= (Y~fr'01'IV 1,050 ~1,070) Data are not weighted. ""! I I s. I I I I I I I I I I I I I t I I I Were you or anyone in your household the victim of a crime during past year? 85% No 15% Yes Tot"ca,'R~~'" 1,143 SA. Did the crime occur in Chula Vista? 18% No 82% Yes Tcmw'R~~"'175 SB. What crime was it? Theft (55%): MCJt"ovV~Theft(lO%): GYWfLtrd8%); V~ (7%): A~ (7%): v<U"Lot-wotheY (13%). Se. Did you report this crime to the police? 28% No 72% Yes If no, why not? ()ff:he.,4-8 vLct'VI'I'l4"thM c/.<.d- n.ot"file< "P~d.or1fL do- ~Ctobou"t(.L(35%): (.LWClM'lfLLmpor1;z;Ln.t"," (15%): otheY (50%). Tcmw'R~~"'171 SO. Did this crime occur within the past three months? 6Lf% No 36% Yes Tcmw'R~~"'171 9. Have you, or anyone in your household, contacted the Chula Vista Police Department during the past year for any of the following reasons? Check(,() if "Yes" 30% A. Phoned police to ask question 32% B. Phoned police to report a crime 26% C. Phoned 911 to report an emergency 6% D. Went to a police station to report a crime 11 % E. Spoke to a officer on the street regarding a crime 16% F. Asked a officer on the street a question not related to a crime 1% G. Was arrested Lf% H. Attended community meeting that was sponsored by the police department 8% I. Attended commtmity meeting at which police were present or were participating 11 % J. Received a traffic violation or citation 7% K. Involved in a traffic accident and a police officer came to the scene 30% L. Other contact with Chula Vista Police Department (Please describe.) "()the,y" r~<U"e-pY~i-wf:he.,y~ort: (Percentages based on 569 people who had contact with the police; multiple response) 50% M. If you have not had any contact with the Chula Vista Police Department, please check (,() here and go to question 11. 5 79 ~ no- contJ;l.ct" wL;th,poUce.-. 93 Data are not weighted. 10. - Thinking about your last contact with a Chula Vista Police Department employee, please circle the response that best describes how you felt about the employee's behavior. The police emolovee I last had contact with: Strongly Somewhat Somewhat Strongly Avree A~ree DisQvree DisavTee No Ovinion A. Responded in a reasonable time 51% 27% 7% 6% 9% B. Treated me fairly 62% 22% 5% 7% Lf% C. Displayed professional conduct 70% 17% Lf% 5% Lf% D. Seemed to have adequate knowledge 66% 21% 6% 3% Lf% E. Demonstrated a respectful attitude 69% 17% 5% 6% Lf% F. Had a courteous manner 70% 16% 5% 6% '3% G. Was generally a pleasant person 67% 18% 6% 6% 3% H. Was caring and / or sensitive 53% 22% 7% 8% 9% I. Was helpful 60% 22% 7% 6% 5% - ... .. .... ... .... lOA. Overall, my contact(s) with the Chula Vista Police Department have been ... Excellent Good Fair Poor Lf8% 3Lf% 12% 6% TotrMr'R~~= (Y~{r-omA92 m-525) 11. ... Compared to one year ago, do you see more, less, or about the same number of police officers on the streets in Chula Vista? .... "~I 30% More 11% Less Lf7% About the same 12% Don't know TotrMry~~= 1,146 Have you heard about the following Chula Vista Police Department services, programs, and special units? 12. Never Heard of It Before Today Investieative Units A. Crimes of Violence Unit: (Homicide. Robbery, Gangs) B. Family Protection Unit C. Property Crimes Unit: (Auto Theft, Financial Crimes, Commercial and Residential Burglary) Juvenile Services D. School Resource Officers E. Police Activities League (PAL) F. Shop-With-A-Cop Program G. School Safety Patrol Program H. Juvenile Offender Diversion Program I. Explorer Program Lf7% 51% Lf7% 52% 56% 66% 32% 58% 55% 94 .., ... .., Heard of It, But Never Used It '"I Have Used It Before ... . 52% Lf8% Lf6% 2% 1% 7% ""I "" Lf5% Lf1% 32% 59% Lf1% Lf3% 3% 3% 2% 9% 1% 2% 'Il! .IIIIIIIJ'~ Data are not weighted. "'" I I I I I I I I I I , I I I I I I I I (Question 12, continued) Never Heard Heard of It, of It Before But Never Have Used It Toda" Used It Bdo re Specialtv Units J. Narcotics Enforcement Team 36% 63% 1% K. Street Team 63% 36% 1% L. Traffic Enforcement Team '+0% '+8% 2% M. Regional Auto Theft Task Force (RATT) 57% '+1% 2% N. Hostage Negotiating Team 52% '+8% <1% Community Programs O. Reserve Officers 36% 6'+% P. Graffiti Abatement Program '+ 1 % 5'+% Q. Crime Free Multi-Housing Program 7'+% 26% R. CitizensAdversitySupportTeam(CAST) 71% 27% S. Senior Volunteer Patrol Program (SVPP) 15% 80% T. Family Violence Response Team 58% '+ 1 % U. Neighborhood Watch Program 13% 7'+% V. Crime Prevention Awareness Program 37% 59% W. Other{Please specify). 10 re4P~men.ttonedan.otherprogra#U T~"Re.I.p~= (Y~{yOWltI,072 "to-I,lll) <1% 5% <1% 2% 5% 1% 13% '+% 13. Please rate the priority level that the Chula Vista Police Department should place on each of the following. High Medium Low No Priorihl Prio rihl Priorih, Prio rint A. Reduce the number of crimes. 86% 12% 2% <1% B. Enforce laws in general. 67% 31% 5% <1% C. Enforce juvenile truancy and curfew laws. 56% 35% 8% 1% D. Educate public about police services. 38% '1-6% 12% 1% E. Educate public about crime prevention. 52% '1-2% 6% 1% F. Maintain a visible presence in the commlmity. 80% 18% 2% <1% G. Reduce citizens' fear of crime. 52% 37% 9% 2% H. Respond quickly to calls for service. 90% 9% <1% <1% I. Be available to take reports in person. 52% '1-0% 8% <1% J. Remove abandoned cars from streets. 26% 39% 31% '+% K. Participate in youth mentorship programs. 3'1-% '1-8% 16% 2% (Such as: Big Brother / Big Sister.) L. Participate in community athletic programs. 19% '1-0% 3'1-% 7% M. Participate in community / school functions. 31% '1-7% 19% '1-% N. Participate in city planning groups. 27% '1-'1-% 25% 5% O. Other (Please specify.) 64 redp~men.ttonedother priora-.er (t"It& mq/i:Jrtty we.-e-~cW~ I"I.Ot"poUce,pY(.oyiruw). T~"Re.I.p~= (Y~{yOWltI,OBB "to-I,147) 95 Data are not weighted. 2. 3. 4. .. 14. In general, how satisfied are you with the services of the Chula Vista Police Department? 33% Very sa lisfied 5lJ.% Satisfied 6% Not too satisfied (Please cOlltillue to Questioll 14A.) 1 % Not at all satisfied (Please cOlltillue to Questioll 14A.) 7% No Opinion Tot"cU"R~~= 1,1'/-3 14A. If not satisfied, please explain: Tot"cW'R~~= 26 "'~~fiI<'W~Vay~"'~~WIW~I1.Ot"w..t'~ ... .. ... - 15. What improvements would you like to see in the Chula Vista Police Department? T~'R~~= '1-06 "'~~~Vay~imp".ov~ ""! ~ PLEASE NOTE: The following questions are asked to help us obtain a profile of the residents surveyed. All answers are strictly confidential. ~ 1. What is your age? 5% 18t024 1lJ.% 25 to 34 20% 35 to 44 18% 45 to 54 lJ.2% 55 and older Tot"cW'R~~= 1,1'/-7 Are you: 5lJ.% Female lJ.6% Male Tot"cW'R~~= 1,1'/-7 What is your ethnic background? 28% Hispanic 3 % African American 56% White 10% Asian / Pacific Islander 3% Other (Please specify.) Example, "Multi-racial." T~'R~~= 1,138 What is the highest educational level you have completed? lJ.% Less than high school 17% High school diploma / G.E.D. certificate 5% Vocational/training school certificate 3lJ.% Some college lJ.1 % College degree Tot"cW'R~orv.,er= 1,102 .. - 00j "'I .. ~ .:; ~ ... ""!i -. 96 Data are not weighted. "'!: I 6. I I I 7. I I I 8. I 9. I I I 10. I I I , I I 1 I What language is spoken most of the time in your home? 8 Li- % English 11 % Spanish Li-% Asian / Pacific Islander <1 % Other language (Please specify.) Example, "Bi-lingua!." Tot"cWR~~'" 1,051 How long have you lived in Chula Vista? 6 % Less than 1 year lLi-% 1 to 3 years 10% 4 to 6 years 7% 7 to 9 years 6Li-% 10 years or more T~R~~'" 1,155 Do your own or rent the home you live in? 71% Own 29% Rent T~R~~'" I,HS What was your total annual household income in 1999? 10% Under $15,000 10% $15,000 to $19,999 19% $20,000 to $34,999 19% $35,000 to $49,999 Li-2% $50,000 or more T~R~~'" 1,068 Below is a map of Chula Vista, divided into three sectors. Please find the area in which you live and enter that number in the box below. D NA T10NAL CITY / --- I SECTOR 3/ sea-or One,,= 3Li-%; Sea-or TwO"'" 3Li-%; Sec:tor Thr"eAV= 32% T ot"Cll> Y'~01'IMW = 1,13 6 97 - Would you like to add any other comments? . \ ... 387 Yeq>~PYOV~WYitten,~ .. .. .. lHANK YOU FOR COMPLETING lHE SURVEY. PLEASE RETURN IT TO SANDAG IN lHE _ ENCLOSED POSTAGE-PAID ENVELOPE WITHIN TWO WEEKS. .. .. ... .. ... .. .... ... '"" ~ , - -=.. 98 Data are not weighted. "'! ~ ~ Q) B~ ~ c: ~~ Q)r./J Q~ Q) 0 u.~ .~ ~ ~ .~ o~ ~o ~~ ~ ~ .~ Q) >~ .~ ~ ..a.~.. U" "/""","'''" """"" . :....<y...::..:: :...:...:...'......,;:";.:": :;]:(\.,. "H':;:;' <<.(> ),,<; ;)':':! rJ'J. ~ ~ (t) ~ ~ (t) > o Cj ~ o ~ o .~ ~ cd .~ U o rJ'J. rJ'J. ~ o bJJ (t) .~ Q ~ Cf) ~ .~ u ~ ~ o o U ~ "'d 0 (t) .~ ~ u (t) cd rJ'J. ~ (t) .~ ~ :> cd ~ ;@ u Satisfaction with Police Services . 9 out of 10 respondents are satisfied with the services of the police department. . Of those who had contact with police department employees during the previous year, over 80 percent rated their experience as either excellent (47%) or good (34%). Source: San Diego Association of Governments Police Attitude and Behavior 95% 90% 85% Displayed Had adequate Demonstrated a Was generaUy a professional knowledge respectful attitude pleasant person conduct Source: San Diego Association of Governments 1 , Perceptions of Safety 100% 80% 60% 40% 20% 0% During the Day DBeing at Home .Walking alone in the business area During the Night Source: San Diego Association of Governments Neighborhood Concerns 84% 82% 80% 78% 76% 74% 72% Speeding Burglary Graffiti Vehicles 02000 _1997 Source: San Diego Association of Governments . Survey respondents are most concerned about the same three issues Five times as many respondents in 2000 compared to 1997 wrote additional comments about traffic violations or speeding vehicles . Of least concern is prostitution 2 t Perceptions of Crime During the past year, do you think that crime in the following areas has increased? 75% 25% 50% 0% Neighborhood Chula Vista County Source: San Diego Association of Governments Victimization . A greater percentage of respondents in 2000 think their chance of being victimized decreased than respondents in 1997. . Respondents who reported that they had been victimized, were twice as likely to think their chance of becoming a victim increased during the previous year. Source: San Diego Association of Governments 3 I Police Priorities Over half of respondents from both surveys indicated the following should be high police priorities: . Respond quickly to calls for service . Reduce number of crimes . Maintain a visible presence in the community . Enforce laws in general . Enforce juvenile truancy and curfew laws . Reduce citizens' fear of crime . Educate public about crime prevention . Be available to take reports in person Source: San Diego Association of Governments Suggestions for Improvement One third (390) of Survey 2000 respondents provided additional comments and suggestions. . "Hire more police officers,"was mentioned most often (54 percent of comments). . Compliments for the police department, its services or personnel were mentioned in 40 percent of the comments. . Suggestions to "focus on traffic and speed enforcement," were made in 27 percent of the comments. Source: San Diego Association of Governments 4 Demographic Characteristics General Population Survey 2000 Population Sector . One (35%); Two (39%); Three (26%) Ethnicitv . African American . Asian IOther . Hispanic ~White ~ . One (34%); Two (34%); Three (32%) Ethnicity . African American ~ Asian IOther . Hispanic ~ White Income ~ Under $50,000 5% 10% 43% 42% 56% Income ~ Under $50,000 Source: San Diego Association of Governments 3% 13% 28% 56% 58% 5 COUNCIL AGENDA STATEMENT Item Meeting Date: 10/24/2000 ITEM TITLE: Resolution of the City of Chula Vista adopting the Environmental Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program issued for the Olympic Parkway Widening project from Brandywine Avenue to Oleander Avenue (IS-00-42). SUBMITTED BY: Director o£ Planning and Bnilding//~/~/~ REVIEWED BY: City Managar~,~ (~ (4/Sths Vote: Yes_No X~ The City Council is being asked to consider and adopt the Environmental Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the proposed project under the California Environmental Quality Act (CEQA). The analysis presented in the Mitigated Negative Declaration and Initial Study indicates that potentially significant project-related impacts to geophysical resources, water resources, hazards, noise, and paleontological resources would be reduced to a less than significant level after mitigation (see attachment 1). RECOMMENDATION: It is recommended that the City Council consider and adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Olympic Parkway Widening, with the clarifications recommended by the Resource Conservation Commission, and determine that the environmental documents comply with CEQA. BOARDS/COMMISSIONS RECOMMENDATION: On August 14, 2000, the Mitigated Negative Declaration and Initial Study were presented to the Resource Conservation Commission (RCC). The RCC expressed concern about the noise wall heights, as well as potential air quality, biological and drainage impacts. The RCC requested that additional information be provided in the Mitigated Negative Declaration to allow the use of combination masonry/glass noise walls, varied landscaping techniques and use of native vegetation, where feasible. The RCC also requested further clarification/additional information regarding possible dust control measures and drainage mitigation measures. The RCC then voted (4-0) to recommend that the City Council adopt the Mitigated Negative Declaration to allow the widening of Olympic Parkway from Oleander to Brandywine with a request that the above items be considered as pan of the mitigation measures for the project. Page 2, Item No.: Meeting Date: 10/24/00 DISCUSSION: This project consists of widening the existing two-lane portion of Olympic Parkway between Brandywine Avenue and Oleander Avenue to six lanes to match the roadway currently being constructed within Otay Ranch to the East of Brandywine. When originally constructed, this portion of Orange Avenue (now Olympic Parkway) was envisioned as a 4-lane roadway. The condominium project immediately adjacent to and south of the roadway ('Brandywine Classics') was conditioned as part of their approval in 1981 to construct the two southern lanes of this 4-lane roadway. These two southern most lanes currently exist and the proposed project will keep the south edge of roadway in its current location. As part of the General Plan Update in 1990, which anticipated the development of the "Eastern Territories", this portion of roadway (now called Olympic Parkway) was designated a 6-lane arterial. Portions of Olympic Parkway to the east are currently under construction. An Environmental Initial Study for this project was prepared by Helix Environmental Planning, Inc. and was posted at the County of San Diego on August 7, 2000. The analysis presented in the Initial Study indicates that potentially significant project-related impacts to geophysical resources, water resources, hazards, noise, and paleontological resources would be reduced to a less than significant level after mitigation (see attachment 1). Since these impacts can be mitigated to less than significant, a Mitigated Negative Declaration was deemed appropriate. Noise - An Acoustical Assessment was performed by Pacific Noise Control as part of the analysis for this project. This analysis considered existing and projected traffic data, short-term noise measurements and computer modeling to evaluate existing noise levels and potential project related noise impacts and mitigation requirements within the site. The assessment of potential impacts related to increased noise levels is tied to Chapter 19.68.101 of the City Municipal Code, which identifies acceptable standards applicable to residential ground floor levels. The City noise criteria do not include threshold standards for second story (or higher) levels. State Title 24 noise criteria provide threshold limits for second story (or higher) levels; however, these standards are limited to new residential developments and are thus, not applicable to the proposed project. Based on the results of this analysis, the project Acoustical Assessment concludes that the proposed project would result in noise levels that exceed the City criteria of 65 dB at a number ofresidenfial sites along the north and south sides of East Orange Avenue (Olympic Parkway). These potential impacts would be mitigated below a level of significance through the following measures (which have been incorporated into the project design and would reduce exterior noise levels at all applicable residential sites to 65 dB DNL or less): Noise abatement walls shall be constructed prior to opening the project roadway at required locations along the north and south sides of East Orange Avenue (Olympic Parkway), and adjacent attached residential units on the south side of the roadway. Specifically, this will H :\HOME\PLANN ING\MAR1LYN\OLYMPIC\OLY Brandy Al 13 .doc Page 3, Item No.: Meeting Date: 10/24/00 include walls from 6 to 12 feet in height along the south side of East Orange Avenue (Olympic Parkway) and 5 to 8 feet along the north side of East Orange Avenue (Olympic Parkway) or the top of the adjacent slope. Aesthetics - The firm of KTU+A prepared the Olympic Parkway Widening Visual/Aesthetic Technical Report for this project. Existing visual conditions in the project site and vicinity were defined by visual character units and views. The project visual analysis identified the following four categories of potential visual impacts related to project implementation: 1) visual quality; 2) landform quality, 3) view quality, and 4) community character. The analysis determined that impacts related to each of these categories were less than significant. In particular, potential impacts to view quality associated to the construction of noise abatement walls taller than 6 feet in close proximity to residential units (and the potential to alter existing views) were determined to be less than significant. This was based upon the urban nature of the most affected view, and the fact that a number of the described residential units have existing walls or fences where the proposed sound wall will be located. The project design will be subject to a number of visual resources including, the City of Chula Vista Olympic Parkway Landscape Master Plan. Olympic Parkway is designated as a scenic roadway in the City's General Plan Land Use Element. The project will incorporate visual elements, which will enhance the visual setting in developed areas and provide transition from and conformity with open space areas. In addition, the use of color and texture treatments, graffiti-resistant coatings and landscaping will be used to enhance the appearance of noise walls. Incorporation of these design elements will ensure consistency and conformance to the City's Landscape Master Plan. Environmental Review The Environmental Review Coordinator has determined that in accordance with Guidelines established by CEQA and the City Environmental Review procedures, the Initial Study, the Mitigated Negative Declaration, and the Mitigation Monitoring and Reporting Program prepared for the proposed widening of Olympic Parkway adequately addresses the potential environmental impacts associated with the proposed project. Mitigation measures have been incorporated into the project provided to reduce all project-related impacts to a less than significant level. The 30-day public review period was closed on September 5, 2000 during which time the City received no written comments. Over the last several months, staff has met with representatives of both the Brandywine Classics complex and residents of Rivera Street to the north of Olympic Parkway to discuss the project. Staff has held recent meetings with the residents to hear their concerns on September 11 th, September 25~, and a subsequent follow-up meeting on October 19th. The City Council was presented concerns from a representative of Brandywine Classics during the City Council meeting of September 26, 2000. During the meeting with the residents on October 19, 2000, City staff responded to the concerns presented to the City Council on September 26, 2000. Page 4, Item No.: Meeting Date: 10/24/00 Conclusion This resolution will adopt the Environmental Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the proposed project under the California Environmental Quality Act (CEQA). All impacts have been reduced to less than significant by incorporation of appropriate mitigation measures into the project design. FISCAL IMPACT: All costs for the construction of this project will be paid for from the City's Transportation Developmem Impact Fee (TDIF) funds. Attachments: 1. Environmental Initial Study File No. 0735-10-STM344 CT:HGB:ct H:~IOM E~PLAN N LNGLMAR1LYN~OLYMPIC\OLY Brandy Al 13.doc RESOLUTION NO. RESOLUTION OF THE CITY OF CHULA VISTA ADOPTING THE ENVIRONMENTAL INITIAL STUDY/MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM ISSUED FOR THE OLYMPIC PARKWAY WIDENING PROJECT FROM BRANDYWINE AVENUE TO OLEANDER AVENUE (IS-00-42) I. RECITALS A. Project Site WHERAS, the area of land which is the subject matter of this Resolution is commonly known as East Orange Avenue and for the purpose of general description is located on East Orange Avenue (future Olympic Park~vay) between Brandywine Avenue and Oleander Avenue ("Project Site"); and B. Project; Application lbr Discretionary Approval WHEREAS, the Olympic Parkway alignment, between Brandywine Avenue and Oleander Avenue, has been envisioned and addressed in a series of prior planning documents including the City of Chula Vista General Plan Environmental Impact Report (EIR) (EIR 088-2); and, WHEREAS, the proposed construction of the project is consistent with the General Plan of the City; and, WHEREAS, developers of Otay Ranch SPA One are currently constructing portions of Olympic Parkway to the east of Brandywine Drive; and, WHEREAS, on April 6, 2000, a duly verified application was filed with the City of Chula Vista Planning Department by the City Engineering Division, requesting approval of the Olympic Parkway Widening Project ("Project"); and C. City Council Record of Applications WHEREAS, the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program was considered at a duly noticed City Council meeting on October 24, 2000; and WHEREAS, the City Clerk set the time and place for consideration of the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; and WHEREAS, the City Council meeting was held at the time and place as advertised, namely 6:00p.m. October 24, 2000, in the Council Chambers, 276 Fourth Avenue, before the City Council. D. Initial Study and Mitigated Negative Declaration Reviewed WHEREAS, an environmental initial study has been prepared for the construction of Olympic Parkway from Brandywine Avenue to Oleander Avenue; and, WHEREAS, it has been determined that all significant impacts identified in the Initial Study can be mitigated to less than significant; and, WHEREAS, all mitigation measures have been incorporated into the project thereby mitigating impacts to a level belo~v significance; and, WHEREAS, it has been determined that all mitigation measures are feasible and can be incorporated into the document; therefore a, Mitigated Negative Declaration is the appropriate document per the California Environmental Quality Act; and, WHEREAS, a notice of availability of the initial study posted at the County of San Diego on August 7, 2000 in accordance with the City guidelines for implementation of the California Environmental Quality Act; and, WHEREAS, the contents of the environmental document for the project consist of the following: 1. Initial Study/Mitigated Declaration IS-00-42 for the Olympic Parkway Widening project from Brandywine Avenue to Oleander Avenue; 2. Mitigation Monitoring Program fYr IS-00-42; hereafter all collectively referred to as "IS-00-42". NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL of the City of Chula Vista does hereby find, determine, resolve and order as follows: That the City Council of the City of Chula Vista has reviewed, analyzed, and considered IS-00-42 for this Project and the proposed mitigation measures contained therein, and the Mitigation Monitoring and Reporting Program, prior to approving the project. Copies of said documents are on file in the office of the City Clerk. Ii. CERTIFICATION OF COMPLIANCE WITH CALIFORNIA ENVIRONMENTAL QUALITY ACT That the City Council does hereby find that the Environmental Review Coordinator prepared an Initial Study (IS-00-42), the Mitigation Monitoring and Reporting Program are prepared in accordance with the requirements of CEQA (Pub. Resources Code, {}2100 et seq.), the CEQA Guidelines (California Code Regs, title 14, §15000 et. seq.), and the Environmental Review Procedures of the City of Chula Vista, and determined that although the proposed project could have significant effects on the environment, there will not be significant effect in this case because mitigation measures have been incorporated and agreed to by the City. A Mitigated Negative Declaration and Mitigation Monitoring program were prepared which must be considered by the City Council prior to a decision on the Project. III. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council finds that the Mitigated Negative Declaration, IS-00-42 has been prepared in accordance with the requirements of the California Environmental Quality Act, and the Environmental Review Procedures of the City of Chula Vista, and that the Mitigation Monitoring Program is designed to ensure that during Project implementation, the City implement the project components and comply with the Mitigation Monitoring Program. The City Council finds that the Mitigated Negative Declaration (IS-00-42) reflects the independent judgment of the City of Chula Vista City Council and hereby adopts the Mitigated Negative Declaration, and adopts the Mitigation Monitoring Program set forth therein, a copy of which is on file in the office of the City Clerk. IV. CEQA MITIGATION MONITORiNG AND REPORTING PROGRAM A. Certain Mitigation Measures Feasible and Adopted As more fully identified and set forth in IS-00-42 and in the Mitigation Measures for this project, a copy of which is on file in the office of the City Clerk, the City Council hereby finds pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091 that the mitigation measures described in the above referenced documents are feasible and will become binding upon the entity (such as the project proponent or the City) assigned thereby to implement same. That development policies and standards previously adopted by the City will, to the extent applicable to the proposed project, substantially mitigate the effects of the proposed project as set forth in the Mitigated Negative Declaration. B. Adoption of Mitigation Monitoring and Reporting Program As required by the Public Resources Code Section 21081.6, City Council herby adopts Mitigation Monitoring and Reporting Program ("Program") is incorporated within the Mitigated Negative Declaration, a copy of which is on file in the office of the City Clerk. The City Council hereby finds that the Program is designed to ensure that, during project implementation, the permittee/project applicant and any other responsible parties implement the project components and comply with the feasible mitigation measures identified in the Program. V. NOTICE OF DETERMINATION That the Environmental Review Coordinator of the City of Chula Vista is directed after City Council approval of this Project to ensure that a Notice of Determination is filed with the County Clerk of the County of San Diego. These documents, along with any documents submitted to the decision-makers, including documents specified in Public Resources Code Section 21167.6, subdivision(s), shall comprise the entire record of proceedings for any claims under the California Environmental Quality Act ("CEQA") (Pub. Resources Code Section 21000 et seq.). NOW THEREFORE BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista hereby adopts the Initial Study, Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-00-42). Presented by Approved as to form by Robert A. Leiter Director of Planning and Johiq g,g/Kaheny, City Atto~f,e'y Building [O)lE~IED\'l~ ml OCT I. JXlO I~. Date: 10-24-00 To: Mayor Horton & Council Members Davis, Moot, Padilla & S COUNCIL OFFICES CHULA VISTA. CA Re: Item # 22 Of City Council Agenda (Adoption of Olympic Parkway Project studies) From: George R. Gerber Jr. Dear City Leaders, I hope to address you this evening about the agenda item # 22. Attached you will find what I hope to say. If for some unforeseen reason I am unable to speak, or due to time limits, not able to finished, I hope you will have read what I plan to say. Maybe even provide you the opportunity to formulate questions if you like. Forgive my choice of words. If they seem insulting or harsh, I am very sorry, but the issue is very important. If you like please call me at home prior to the meeting at (619) 585-7114 Thank you, :!7;:::~ f Good evening Madam Mayor and Council members, My name is George Gerber and I reside at 575-D Portsmouth Dr. Chula Vista. I am here to speak in regard to the "Olympic Parkway Project" which you are addressing this evening. I own a condominium on East Orange Ave. soon to be Olympic Parkway. On Sept. 25, many residents and myself, were at a meeting conducted by Harry Burrowes and the city of Chula Vista. At this meeting, after hearing about the project, we presented a PETITION and a list of CONCERNS about the project and how it will effect our homes and our lives. The following evening I presented to all of you copies of those concerns, which included our questioning the accuracy ofthe data for the ENVIRONMENTAL INITIAL STUDY. We have legitimate concerns about the impact of the project upon us, some of which are, traffic, noise, air quality, flooding, the walls, reduced access in and out ofthe front entrance of our complex, increased crime due to the 12 foot high wall, parking, and a whole lot of health and safety issues. Since then, we were informed by Mr. Burrowes, and the city, that these issues would be addressed and that prior to the start of construction, he and the city would get back to us to see ifthere were things that could be addressed and remedied before construction. About a week later, I met with Mr. Burrowes, several city personal and representatives of the various consulting firms who conducted the studies for the project. The quick summary ofthat meeting was that some additional information gathering and model studies would be performed and upon completion, I would be contacted prior to a second meeting with the complex residents, so that I could put together some information sheets for that meeting. I was assured that our issues would be addressed and we would be provided with the additional information. After all, wanting to know such things as how much noise 44.000 motor vehicles a dav, which is about 1 vehicle every 2 seconds, 24 hours a day, 365 days a year will make, thousands of which will be commercial and big rig trucks, just 15 ft. from bedroom windows is important. According to the study the noise will be reduced to an acceptable level, with the construction of a 12 ft. wall, even though many of the condo units are 3 stories high. Go Figure. Or how about the fact that our complex is in a flood plane and the parkway is being built in this flood plane. The study does not mention this fact or how the proposed project will affect those flood waters if there should ever be a heavy rain. . I was told that these questions and others would be answered with supporting data to verify. However the answers and data was never provided. No explanation was given and I can only conclude, that the information was gathered but the results were not favorable and thus not disclosed. I realize that this project is vital to the Eastern Development Project. But is the health and safety of almost 500 Chula Vista citizens, many being children, of such a small concern, that the city is willing to lie and not do the additional studies as promised, or worse, maybe conceal the study results if they had in fact been done. I agree that the Eastern Development is a good thing. However, I am saddened by the treatment we are receiving. I am only asking that the city continue to work with us, and for you to make good your promise to get things answered, and changes made if deemed necessary prior to construction. I do not mean to be a pain, but the quality of our lives is about to be greatly impacted, and not for the better. If the will ofthe city and the developers is so great as to warrant such actions than I must condemn all involved including yourselves if you permit the passage ofthe project as planned. I am sure if you were in our position, that you would try to get some changes made. If you vote to proceed with the project as is, than I am embarrassed to know I helped to put most of you in those seats. I would never believe that you, who are supposed to be here for us, would not at least investigate the recent activities I mentioned before proceeding with the parkway project. I am pleading to each and every one of you to consider what I am saying. I request both for fairness and justice with respect to all Chula Vista citizens for you to investigate. After all, the responses, decisions and actions you chose to make, will be a reflection and a message to all about how you feel citizens should be treated, whether it be just or otherwise. I wish to thank each and ever one of you for your time and hopefully your sincere consideration. I also offer my time to each of you, now or in the future to provide additional clarity or anything else needed about what I have tried to convey to you this evemng. Thank you again. COUNCIL AGENDA STATEMENT Item: Meeting Date: 10/24/2000 ITEM TITLE: Resolution Amending Resolution 2000-275 Regarding the Appropriation of Funds For the Preparation of a Master Plan for the New Police Facility and Civic Center Expansion to Reduce the Appropriation From the Civic Center Expansion CIP and Approving an Appropriation From the Police DIF Fund. SUBMITTED BY: Director of Public Works REVIEWED BY: City Managed~ (4/5ths Vote: Yes X No_) On August 1, 2000 the City Council passed Resolution 2000-275 approving an agreement with Highland Partnership, Inc. for the provision of Consultant Services for the Programming and Preparation of a Master Plan for the new Police Department Building and Expansion of the Civic Center Complex. The funds covering the cost of the agreement were fully appropriated out of the Civic Center Expansion CIP (Project No. GG139). This Resolution will correct the August 1, 2000 appropriation to allow for the expenditure of Police DIF funds for the Police related portion of the project, which is $444,000. The Civic Center Complex related expenditures are estimated to be $159,000. RECOMMENDATION: That Council approve resolution amending the Capital improvement Program budget by reducing appropriations in the Civic Center Expansion project and increasing appropriations in the Police Facility project in the amount of $444,000 as follows: 1. Reduce the appropriation from the Civic Center Expansion CIP (Project No.GG 139) by $444,000. 2. Approve the appropriation of $444,000 in Police D1F funds into CIP Project No. PS149 New Police Facility. BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable DISCUSSION: The fixed fee (plus contingencies) required to perform the Consulting Services outlined in the Highland agreement approved on August 1, 2000 is $603,000. The scope of work approved under the agreement involves the provision of Consultant Services for the Programming and Preparation of a Master Plan for the new Police Department Building and also for the expansion of the Civic Center Complex. City Council Resolution 2000-275 authorized the expenditure of $603,000 out of the Civic Center Expansion CIP No. GG139. This resolution will correct said authorization of funds as follows: 1. The Civic Center portion of the project is estimated to cost $159,000. This resolution will authorize the expenditure of only $159,000 out of the Civic Center Page 2, Item: ~ ~ Meeting Date: 10/24/00 Expansion CIP (Project N0.GG139) and reduce the appropriation in said project by $444,000. 2. The Police Building portion of the project is estimated to cost $444,000. This resolution will approve the appropriation of $444,000 in Police DIF funds into CIP Project No. PS149 New Police Facility, and authorize the expenditure of $444,000 out of the project. FISCAL IMPACT: Approval of this resolution will reduce the appropriation in the Civic Center Expansion CIP (Project No. GG139) by $444,000 and authorize the expenditure of only $159,000 from this project. It will also approve the appropriation of $444,000 in Police DIF funds into the New Police Facility CIP (Project No. PS 149) to bring the total appropriation in the project to $756,744, and authorizes the expenditure of $444,000 to cover the Highland Agreement. The remaining funds in Project PS149 will be used to cover the cost of additional Consultant Services that could be needed before the Design/Build Phase of the Project is awarded. Staff will come back to the City Council if additional funds need to be authorized for future expenditures. File: 0735-10-PS149 H:\SHARED\ENGINEER\CC&PDREAPPA113.SMN.DOC RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA kMENDING RESOLUTION 2000-275 REGARDING THE APPROPRIATION OF FUNDS FOR THE PREPARATION OF A MASTER PLAN FOR THE NEW POLICE FACILITY AND CIVIC CENTER EXPANSION TO REDUCE THE APPROPRIATION FROM THE CIVIC CENTER EXPANSION CIP AND APPROVING AN APPROPRIATION FROM THE POLICE DIF FUND WHEREAS, on August 1, 2000, the City Council passed Resolution 2000-275 approving an agreement with Highland Partnership, Inc. for the provision of Consultant Services for the Programming and Preparation of a Master Plan for the new Police Department Building and Expansion of the civic Center Complex; and WHEREAS, the funds covering the cost of the agreement were fully appropriated out of the civic Center Expansion CIP (Project No. GG139); and WHEREAS, it is necessary to correct the August 1, 2000 appropriation to allow for the expenditure of Police DIF funds for the Police related portion of the project, which is $444,000; and WHEREAS, the Civic Center Complex related expenditures are estimated to be $159,000. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby amend Resolution No. 2000-275 regarding the appropriation of funds for the preparation of a master plan for the new Police Facility and civic Center Expansion by reducing the appropriation from the Civic Center Expansion CIP (Project No. GG139) by $444,000. BE IT FURTHER RESOLVED that the City Council does hereby approve the appropriation of $444,000 in Police DIF funds into CIP Project No. PS149 New Police Facility, and authorize the expenditure of $444,000 out of this project. Presented by Approved as to form by John P. Lippitt JQ~ M. KahenYu? Director of Public Works City Attorney