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HomeMy WebLinkAboutAgenda Packet 2001/04/10 CITY COUNCIL AGENDA April 10, 2001 6:00 p.m. Council Chambers Public Services Building 276 Fourth Avenue, Chula Vista CItY OF CHULA VISI'A City Council City Manager Patty Davis David D. Rowlands, Jr. Stephen C. Padilla City Attorney Jerry R. Rindone 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 April 10, 2001 6:00 P.M. CALL TO ORDER ROLL CALL: Councilmembers Davis, Padilla, Rindone, Salas, and Mayor Horton. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY · PRESENTATION OF A PROCLAMATION PROCLAIMING THE WEEK OF APRIL 8 THROUGH APRIL 14 AS TELECOMMUNICATIONS WEEK · PRESENTATION OF A PROCLAMATION PROCLAIMING THE WEEK OF APRIL 8 THROUGH APRIL 14 AS INTERNATIONAL BUILDING SAFETY WEEK CONSENT CALENDAR (Items 1 through 11) 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 an 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 afier Action Items. Items pulled by the public will be the first items of business. 1. APPROVAL OF MINUTES of March 20 and March 27, 2001. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS A. Letter from the City Attomey stating that to the best of his knowledge from observance of actions taken in Closed Session on April 3, 2001, there were no actions taken which are required under the Brown Act to be reported, except for the City Attorney authorization to sign the amicus curiae brief in the case of City of Pomona and Qui Tam Plaintiff Nora Armenta v. Superior Court of California for County of Los Angeles No. B148045. Staff recommendation: The letter be received and filed. 3. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING ORDINANCE 1670, RELATING TO SIGN PERMIT AND PLAN REVIEW FEES; AMENDING ORDINANCES 2507 AND 2509 RELATING TO PLAN REVIEW FEES FOR BUILDING AND MECHANICAL WORK RESPECTIVELY; AND AMENDING CHAPTERS X (BUILDING AND HOUSING), XIV (PLANNING), AND XV (FIRE) OF THE CITY'S MASTER FEE SCHEDULE (SECOND READING AND ADOPTION) A comprehensive review of all fees related to building permitting, inspection, and plan check services was undertaken due to recent, significant changes in the pace of development in eastern Chula Vista, staffing, staff compensation, and changes in operations and automation. This review has resulted in proposed fee changes for building permits and related activities. The proposed fee schedule has been developed based on current operations, development volume and service provision costs, and spreads these costs equitably to those receiving these City services. Although some of the proposed fees are higher than those currently charged (based on the costs of providing these services), adoption of this ordinance will cumulatively lower fees by 1 - 1.4 million dollars on an annual basis, compared to the current fee schedule. This ordinance had its first reading on April 3, 2001. (Director of Planning and Building~irector of Budget and Analysis) Staff recommendation: Council place the ordinance on second reading for adoption. 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SUBMITTAL TO SANDAG OF TWO APPLICATIONS WITH1N THE MONTGOMERY ANNEXATION AREA FOR THE FISCAL YEAR 2001/2002 TWO-PERCENT NON-MOTORIZED TRANSPORTATION DEVELOPMENT ACT (TDA) AND TRANSPORTATION SALES TAX (TRANSNET) BICYCLE AND PEDESTRIAN PROJECT FUNDS The City submits an updated list of projects for inclusion in the implementation program of the nun-motorized element of the Regional Transportation Improvement Program annually. SANDAG regulations require that official applications be submitted in order for projects to be considered by SANDAG's Board of Directors for funding. In order for the applications to be considered, Council must adopt a resolution authorizing submittal of the Fiscal Year 2001/2002 non-motorized transportation applications for available TDA and TransNet funds. Both funding sources form a single fund with annual allocations totaling approximately $3.2 million for the San Diego region. Projects are chosen and then approved for funding after SANDAG's Bicycle-Pedestrian Advisory Committee has evaluated the applications. (Director of Public Works) Staff recommendation: Council adopt the resolution. 5 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FiNAL "B" MAPS FOR CHULA VISTA TRACT NO. 96-04, OTAY RANCH SPA ONE, VILLAGE 5, NEIGHBORHOODS R-28, R-32A AND R-33; ACCEPTiNG ON BEHALF OF THE CITY OF CHULA VISTA THE ASSIGNABLE AND IRREVOCABLE GENERAL UTILITY AND ACCESS EASEMENTS, THE SEWER EASEMENT AND WALL EASEMENTS GRANTED ON SAID MAPS; APPROViNG THREE "B" MAP SUBDIVISION IMPROVEMENT AGREEMENTS; AND AUTHORIZiNG THE MAYOR TO EXECUTE SAID AGREEMENTS 04/10/01 Page 2 - Council Agenda B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR VILLAGE 5, NEIGHBORHOODS R-28, R-32A AND R-33 OF THE OTAY RANCH PROJECT, REQUIRiNG THE DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTION NO. 18398, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Adoption of the resolutions will approve the Final "B" Maps for Neighborhood R-28, R- 32A and R-33 of Otay Ranch Village 5 (CVT 96-04) and associated agreements. Otay Project, L.P. is the current owner of the properties. On April 20, 1999, Council approved the "Agreement for Financing and Construction of Olympic Parkway and Related Roadway Improvements". The approval of the subject Final Maps comply with the development thresholds established by the Olympic Parkway Agreement. (Director of Public Works) Staff recommendation: Council adopt the resolutions. 6 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROViNG FiNAL "B" MAP FOR CHULA VISTA TRACT NO. 96-04, OTAY RANCH SPA ONE, VILLAGE 5, NEIGHBORHOOD R-29; ACCEPTiNG ON BEHALF OF THE CITY OF CHULA VISTA THE ASSIGNABLE AND IRREVOCABLE GENERAL UTILITY AND ACCESS EASEMENT, THE SEWER EASEMENT AND WALL EASEMENT GRANTED ON SAID MAP; APPROVING A "B" MAP SUBDIVISION IMPROVEMENT AGREEMENT; AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROViNG THE SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR VILLAGE 5, NEIGHBORHOOD R-29 OF THE OTAY RANCH PROJECT, REQUIRING DEVELOPER TO COMPLY WITH CERTA1N UNFULFILLED CONDITIONS OF RESOLUTION NO. 18398, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Adoption of the resolutions will approve the Final "B" Map for Neighborhood R-29 of Otay Ranch Village 5 (CVT 96-04) and associated agreements. Otay R-29, LLC is the current owner and developer of this property. On April 20, 1999, Council approved the agreement for financing and construction of Olympic Parkway and related roadway improvements. The approval of the subject Final Map complies with the development thresholds established by the Olympic Parkway agreement. (Director of Public Works) Staff recommendation: Council adopt the resolutions. 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FORM OF A TWO-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND VARIOUS CONSULTANTS FOR ENGINEERING AND LANDSCAPE PLAN CHECK SERVICES; AMENDiNG THE DEPARTMENT OF PUBLIC WORKS AND DEPARTMENT OF PARKS AND RECREATION BUDGETS BY APPROPRIATiNG $75,000 AND $25,000 RESPECTWELY, BASED ON UNANTICIPATED REVENUES FROM DEVELOPER REIMBURSEMENTS; AND AUTHORIZiNG THE CITY MANAGER TO EXECUTE SAID AGREEMENT(S) (4/5THS VOTE REQUIRED) Page 3 - Council Agenda 04/10/01 The subject agreement(s) will provide the City with the ability to respond to the ongoing plan check work while maintaining a delicate balance between the quality of review, overall project processing time, and permanent staffing level. (Director of Public Works) Staff recommendation: Council adopt the resolution. 8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE EASTLAKE COMPANY TO CONSTRUCT AND RECEIVE TRANSPORTATION DEVELOPMENT IMPACT FEE CREDIT OR REIMBURSEMENT FOR OLYMPIC PARKWAY IMPROVEMENTS BETWEEN HUNTE PARKWAY AND THE OLYMPIC TRAINING CENTER, AND HUNTE PARKWAY BETWEEN OLYMPIC PARKWAY AND SOUTH GREENSVIEW DRIVE/OAK SPRINGS DRIVE, AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO SIGN THE AGREEMENT WITH THE EASTLAKE COMPANY, MODIFYING THE REQUIREMENT OF THE MUNICIPAL CODE The City Engineer received a letter dated November 16, 2000, requesting reimbursement for the construction of a portion of Olympic Parkway and Hunte Parkway, which are included in the City's Transportation Development Impact Fee program. Council previously authorized grading and construction of wet utilities for these roadway segments on December 8, 1998. (Director of Public Works) Staffrecommendation: Council adopt the resolution. 9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A NEW CAPITAL IMPROVEMENT PROGRAM PROJECT, TRAFFIC SIGNAL iNSTALLATION AT MAIN STREET AND MAXWELL ROAD (TF-292) AND TRANSFERRING EXISTING APPROPRIATIONS OF $125,000 FROM THE CHULA VISTA CORPORATION YARD PROJECT (GG-131) TO THE NEW PROJECT THEREFOR (4/5THS VOTE REQUIRED) On September 15, 1998, Council approved an agreement with SDG&E to purchase their property located at 1800 Maxwell Road for the purpose of constructing the City's new corporation yard. City staff determined that it would be necessary to install a traffic signal at the intersection of Main Street and Maxwell Road, in conjunction with the corporation yard project, in order to assign the proper right-of-way and maintain safety. Adoption of this resolution will allow for the timely installation of the traffic signal. (Director of Public Works) Staff recommendation: Council adopt the resolution. 10 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CLOSURE OF THIRD AVENUE FROM "E" TO "G" STREETS FOR THE C1NCO DE MAYO CELEBRATION ON MAY 6, 2001, WAIVING PROHIBITION OF SIDEWALK SALES, AND WAIVING BUSINESS LICENSE TAXES FOR DOWNTOWN BUSINESS ASSOCIATION AND VENDORS PARTICIPATING IN THE EVENT Page 4 - Council Agenda 04/10/01 B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CLOSURE OF THIRD AVENUE FROM "E" TO "G" STREETS FOR THE CHULA VISTA THIRD AVENUE LEMON FESTIVAL ON AUGUST 19, 2001, WAIVING PROHIBITION OF SIDEWALK SALES, AND WAIVING BUSINESS LICENSE TAXES FOR DOWNTOWN BUSINESS ASSOCIATION AND VENDORS PARTICIPATING IN THE EVENT C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CLOSURE OF THIRD AVENUE FROM "D" TO "I" STREETS, "H" STREET BETWEEN SECOND AND FOURTH AVENUES, AND PORTIONS OF INTERSECTING STREETS ON DECEMBER 1, 2001, FOR THE 39TH ANNUAL STARLIGHT YULE PARADE D. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CLOSURE OF THIRD AVENUE FROM "E" TO "H" STREETS, PARK WAY BETWEEN THIRD AND FOURTH AVENUES ON DECEMBER 8, 2001, FOR THE JINGLE BELL RUN AND WALK The Chula Vista Downtown Business Association (DBA) is requesting the closure of Third Avenue and portions of other streets for four 2001 promotional events. For administrative efficiency purposes, as last year, all street closure events are presented for Council consideration at one time. (Director of Community Development) Staff recommendation: Council adopt the resolutions. 11. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CONSULTANT SELECTION PROCESS AS IMPRACTICAL, APPOINTING THE FIRM OF BEST, BEST, & KR1EGER, LLP AS BOND COUNSEL, THE FIRM OF STONE & YOUNGBERG, LLC AS UNDERWRITER, AND THE FIRM OF FIELDMAN, ROLAPP & ASSOCIATES AS FINANCIAL ADVISOR FOR ALL LAND-SECURED INFRASTRUCTURE FiNANCING TRANSACTIONS BY AMENDING THEIR RESPECTIVE AGREEMENTS AND AUTHORIZING THE MAYOR TO EXECUTE AMENDMENTS TO EXISTING AGREEMENTS WITH THESE FIRMS The City currently has nine assessment districts and three community facility districts, all formed for the purpose of financing infrastructure improvements. Stone & Youngberg, Best, Best, & Kfieger, and Fieldman, Rolapp & Associates are under contract with the City to serve as underwriter, bond counsel, and financial advisor respectively on all land- secured infrastructure financing transactions in the Otay Ranch tenitory and Sunbow II. It is recommended that the existing agreements be amended to include all future community facility district transactions. (Deputy City Manager Powell) Staff recommendation: Council adopt the resolution. Page 5 - Council Agenda 04/10/01 ORAL COMMUNICATIONS Persons speaking during Oral Communications may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff Comments are limited to three minutes. PUBLIC HEARINGS 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. 12. CONSIDERATION OF AMENDMENTS TO THE SALT CREEK RANCH GENERAL DEVELOPMENT PLAN, SECTIONAL PLANNING AREA (SPA) PLAN AND PLANNED COMMUNITY DISTRICT REGULATIONS TO CHANGE THE LAND USE DESIGNATION OF A SEVEN-ACRE PARCEL, LOCATED ON THE SOUTH SIDE OF PROCTOR VALLEY ROAD, BETWEEN HUNTE PARKWAY AND DUNCAN RANCH ROAD FROM LOW-DENSITY RESIDENTIAL TO COMMUNITY PURPOSE FACILITY AND PARK; AND THE LAND USE DESIGNATION OF A THREE-ACRE PARCEL ADJACENT TO THE NORTH, FROM COMMUNITY PURPOSE FACILITY TO PARK The applicant, Pacific Bay Homes, has submitted an application to amend the Salt Creek Ranch (Rolling Hills Ranch) General Development Plan, Sectional Planning Area plan, and Planned Community District Regulations in order to change the land use designation of a seven-acre parcel, located on the south side of Proctor Valley Road, between Hunte Parkway and Duncan Ranch Road at the southerly boundary of Rolling Hills Ranch, Neighborhood 8, from Low-Density Residential to Community Purpose Facility (CPF) and Park; and the land-use designation of a three-acre parcel adjacent to the north, from CPF to Park. (Director of Planning and Building) Staff recommendation: Council conduct the public heating, adopt the following resolution and place the ordinance on first reading: A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE SALT CREEK RANCH GENERAL DEVELOPMENT PLAN AND SECTIONAL PLANNING AREA (SPA) PLAN IN ORDER TO CHANGE THE LAND-USE DESIGNATION OF A SEVEN- ACRE PARCEL, LOCATED ON THE SOUTH SIDE OF PROCTOR VALLEY ROAD, BETWEEN HUNTE PARKWAY AND DUNCAN RANCH ROAD, FROM LOW-DENSITY RESIDENTIAL TO COMMUNITY PURPOSE FACILITY AND PARK; AND THE LAND-USE DESIGNATION OF A THREE-ACRE PARCEL ADJACENT TO THE NORTH FROM COMMUNITY PURPOSE FACILITY TO PARK 04/10/01 Page 6 - Council Agenda B. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE SALT CREEK RANCH PLANNED COMMUNITY DISTRICTS REGULATIONS TO CHANGE THE LAND-USE DESIGNATION OF A SEVEN-ACRE PARCEL, LOCATED ON THE SOUTH SIDE OF PROCTOR VALLEY ROAD, BETWEEN HUNTE PARKWAY AND DUNCAN RANCH ROAD, FROM LOW-DENSITY RESIDENTIAL TO COMMUNITY PURPOSE FACILITY AND PARK; AND THE LAND-USE DESIGNATION OF A THREE-ACRE PARCEL ADJACENT TO THE NORTH FROM COMMUNITY PURPOSE FACILITY TO PARK 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. 13. CONSIDERATION OF ADOPTION OF RESOLUTIONS APPROVING FINAL MAPS, THE SUBDIVISION IMPROVEMENT AGREEMENTS AND THE SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT OF CHULA VISTA TRACT NO. 92-02, SALT CREEK RANCH, NEIGHBORHOOD 8, UNITS 1 AND 2, ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA A PORTION OF DUNCAN RANCH ROAD AND THE VARIOUS PUBLIC EASEMENTS, ALL AS GRANTED ON SAID MAPS WITHIN SAID SUBDIVISIONS On October 6, 1992, Council approved the Tentative Subdivision Map for Chula Vista Tract No. 92-02, Salt Creek Ranch ("Project"). Said Tentative Map was approved based on certain conditions in which Pacific Bay Properties, A California Corporation ("Developer") agreed to comply with. The neighborhood boundaries were delineated on said Tentative Map. The Final Maps for Neighborhood 8, Units 1 and 2, and the Subdivision Improvement Agreements and Supplemental Subdivision Improvement Agreement for said neighborhood are now before Council for consideration and approval. It shall be noted that approval of the subject final maps and agreements is contingent upon the approval of the Salt Creek Ranch SPA plan amendment (Item No. 12). (Director of Public Works) Staff recommendation: Council adopt the following resolutions: A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FINAL MAPS OF CHULA VISTA TRACT NO. 92-02, SALT CREEK RANCH, NEIGHBORHOOD 8, UNITS 1 AND 2, ACCEPTING ON BEHALF OF THE CITY A PORTION OF DUNCAN RANCH ROAD AND THE VARIOUS PUBLIC EASEMENTS, ALL AS GRANTED ON SAID MAPS WITHIN SAID SUBDIVISIONS, AND APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENTS FOR THE COMPLETION OF IMPROVEMENTS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS Page 7 - Council Agenda 04/10/01 B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 92-02, SALT CREEK RANCH, NEIGHBORHOOD 8, UNITS 1 AND 2 REQUIRING PACIFIC BAY HOMES TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTIONS 16834 AND 2000-190, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT ITEMS PULLED FROM TItE CONSENT CALENDAR OTHER BUSINESS 14. CITY MANAGER'S REPORTS A. Scheduling of meetings. 15. MAYOR'S REPORTS 16. COUNCIL COMMENTS CLOSED SESSION 17. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: The Chula Vista Municipal Golf Course on Bonita Road and seven adjacent acres. Negotiating Parties: City of Chula Vista (Sid Morris, Chris Salomone), American Golf, County of San Diego, C.W. Clark, Inc. (C.W. Clark), The Phair Co. (Jeff Phair), Scott Robinson and Chris Bitterlin Under Negotiation: Purchase price/lease rate and other terms and conditions for possible disposition of City-owned property and/or lease buy-ont restructure. ADJOURNMENT to an Adjourned Regular Meeting on April 17, 2001 at 4:00 p.m. in the Council Conference Room, and thence to the Regular Meeting of April 24, 2001, at 6:00 p.m. in the Council Chambers. Page 8 - Council Agenda 04/10/01 CI1Y Of: CHULA VISTA OFFICE OF THE CITY A3-rORNEY Date: April 4, 2001 To: The Honorable Mayor and City Council From: John M. Kaheny, City Attorney ~JJ Re: Report Regarding Actions Taken in Closed Session for the Meeting of 4/3/01 The City Council of the City of Chula Vista met in Closed Session on 4/3/01 to discuss: · CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B): One case · CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(C): The city Attorney is authorized to sign an amicus curiae brief in the case of City of Pomona and Qui Tam Plaintiff Nora Armenta v. Superior Court of California for County of Los Angeles No. B148045 The Redevelopment Agency of the City of Chula Vista met in Closed Session on 4/3/01 to discuss: · CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8: Property: Assessor Parcel Nos. 568-270-03; 568-270-11 (approximately 2.85 acres located at the southeast corner of Fourth Avenue and F Street) Negotiating city Council/Redevelopment Agency (Sid Morris/Chris Parties: Salomone) and Chula Vista Center (Robert Caplan} Under: Negotiations: Price and terms for acquisition. The City Attorney hereby reports to the best of his knowledge from observance of actions taken in the Closed Session in which the City Attorney participated, that there were no reportable actions which are required under the Brown Act to be reported except for the City Attorney authorization to sign the above-mentioned amicus brief. 276FOURTHAVENUE. CHU~VISTA- CALIFORNIA 91910.(619)691-~37- FAX(619)~ 4~.582~ ORDINANCE NO. . _~'~ AN ORDINANCE OF THE CITY OF CHUL~TA AMENDING ORDINANCE 1670 RELATIN,(~,~.~ SIGN PERMIT AND PLAN REVIEW FEES; _/~,I~ENDING ORDINANCES 2507 AND 2509 RE~I.~G TO PLAN REVIEW FEES FOR BUILDING ~CHANICAL WORK RESPECTIVELY; AND ~G CHAPTERS X (BUILDING AND HOUSING), X~V (PLANNING), AND XV (FIRE) OF THE CITY'S MASTER FEE SCHEDULE WHEREAS, as a result Of a comprehensive review of all fees relating to building, permitting, inspection and plan check services, staff has recommended proposed fee changes;; and WHEREAS, the proposed fee schedule has been developed based on current operations, development volume and service provision costs and spreads these costs equitably to those receiving these City services; and WHEREAS, the proposed changes are supported by the Building Industry Association and the Board of Appeals and Advisors; and WHEREAS, the Environmental Review Coordinator has determined that the action will not have a physical effect on the environment and is an ongoing project of the City and is therefore exempt from CEQA under Section 15261 (Ongoing Projects); and NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as follows: SECTION 1. Findings. The City Council finds, after consideration of the evidence presented to it, including the methodology and results of the building fee study, that certain amendments to Ordinance 1670 relating to sign permit and plan review fees and ordinances 2507 and 2509 relating to plan review fees for building and mechanical work and Chapters X and, XIV and XV of the City's Master Fee Schedule are necessary in order to assure that fees related to building permitting, inspections and plan check services provided by the City are actually based on current operations, development volume and service provision costs and that such costs are applied equitably to those receiving City services; and, SECTION 2. Ordinance 1670 is hereby amended by repealing Section 15.52.020 of the Chula Vista Municipal Code. SECTION 3: Ordinance 2507 is hereby amended by amending Section 15.08.050 of the Chula Vista Municipal Code as follows: Section 15.08.050. Section 304(c) Plan Review Fees. When a plan or other data are required to be submitted by Section 302(b), a plan review fee shall be paid at the time of submitting plans and specificS_or ewew. Smd pl evte shall b w v ..................... e, v .......... as shown speci~ii~i~the Master Fee Schedule. SECTION 4:'~nce No. 2509 is hereby amended by amending Section 15.16.050 of the Chula Vista MuniU~pif~s follows: Section 15.16.050. Section 304(c) Plan Review Fee~Y-~en a plan or other data ~e reqmred to e submitted by Section 302(b), a plm~ review fee shall be paid at the time of submitting plans ~d specifications for review. The pl~ review fees for mechanical work shall be oqxa! to 25 percent .......... ~ .......... as ......... specified in the Master Fee Schedule of the City of Chula Vista. T~ ~, ...... ; .... r~ specified ;- SECTION 5: Chapters X (Building and Housing), XIV (Planning) and XV (Fire) of the City's Master Fee Schedule are hereby amended as set fo~h in Attachment A, attached hereto and inco¢orated herein by reference as if set forth in full, SECTION 6. All remaining provisions of the Ordinances mended herein shall remain in hll force and effect until and unless specifically repealed or amended. SECTION 7: Time limit for protest and.judicial action ~y judicial action or proceeding to attack, review, set aside void or ~ul this ordin~ce shall be brought within the time period as established by law. In accord~ce with Government Code Section 66020(d)(1), the ninety day approval period in which pa~ies may protest begins upon the effective date of this ordin~ce. SECTION 8: This ordinance shalI become effective sixty (60) days after its adoption. Presented by Approved as to fotun by Robert A. Leiter John IgE. T(~d'ieny Director of Planning and Building City Attorney H:\home\attomey\rs\sign permit fees. -?-2 COUNCIL AGENDA STATEMENT Item ~/~ Meeting Date 4/i0/01 ITEM TITLE: Resolution Approving submittal to SANDAG of two applications within the Montgomery Annexation area for the Fiscal Year 2001-02 2 % Non- Motorized Transportation Development Act (TDA) and Transportation Sales Tax (TransNe0 Bicycle and Pedestrian Project Funds SUBMITTED BY: Director of Public Works~/~//~ tF-- REVIEWED BY: City Manager ~c ,, r' (4/5ths Vote: Yes No X ) The City of Chula Vista annually submits an updated list of projects for inclusion in the implementation program of the non-motorized element of the Regional Transportation Improvement Program. SANDAG regulations require that official applications be submitted to SANDAG in order for projects to be considered by its Board of Directors for funding. In order for the applications to be considered, Council must approve a resolution authorizing submittal of the Fiscal Year 2001-02 Non-Motorized Transportation applications for available Transportation Development Act (TDA) and Transportation Sales Tax (TransNet) Funds. Both funding sources form a single fund with annual allocations totaling approximately $3.2 million for the San Diego region. Projects are chosen and then approved for funding after the applications have been evaluated by SANDAG's Bicycle- Pedesrtian Advisory Committee (BPAC). RECOMMENDATION: That Council approve a resolution approving the submittal to SANDAG of two applications within the Momgomery Annexation area for the Fiscal Year 2001-02 2% Non- Motorized Transportation Development Act (TDA) and Transportation Sales Tax (TransNet) Bicycle and Pedestrian Project Funds. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable DISCUSSION: Annually the 2% Non- Motorized Transportation Development Act (TDA) Funds are made available for the regional planning and construction of bicycle and pedestrian facilities. TDA funds will contribute about $2.2 million in FY 2001-02 to the implementation of non-motorized projects in the San Diego region. Also, with the passage of Proposition A in 1987, an additional $1 million of TransNet revenues per year is available for the implementation of said projects that are submitted annually by the Cities and the County. The following is a description of the project applications that we propose to submit to SANDAG for FY2001-2002 funding: 1. Sidewalk Safety Program, Sidewalk Installation On "L" Street Between Cedar Avenue And Fifth Avenue, South Side: Installation of sidewalk improvements will Page 2,Item Meeting Date 4/10/01 increase pedestrian safety and accessibility to the Chula Vista High School, Chula Vista Elementary School, Chula Vista Boys and Girls Club, and Chula Vista Church of Christ School. The combination of the schools and other facilities in the area is generating substantial pedestrian traffic. This project is entirely within the Montgomery Annexation area and will complete the much needed sidewalk improvements along this section of "L" Street. Completion of this project will provide a safe walking route for students and other pedestrians between the various schools, recreational and commercial facilities, and it's surrounding neighborhood. Total application request is $25,700. 2. Sidewalk Safety Program, Sidewalk Installation On Moss Street West Of Fourth Avenue, North Side: The project involves the installation of sidewalk improvements to increase pedestrian safety and accessibility to the Sweetwater School District offices and Night School. The School District site on Moss Street is generating substantial pedestrian traffic. This project is entirely within the Montgomery Annexation area and will install sidewalk only from the existing improvement east of Widgeon Lane to 100 feet west of Kittiwake Lane. In combination with the recently completed sidewalk improvements on the northwest comer of Moss Street and Fourth Avenue and the existing curb and gutter improvements in this area, this project will provide a safe walking route for students and other pedestrians between the schools and surrounding neighborhood. Total application request is $38,000.00. The following table shows the total costs for each project. Project TDA Fund Gas Tax Fund Total 1. Project #1 $25,700 $3,100 $28,800 2. Project #2 $38,000 $2,200 $40,200 Total $63,700 $5,300 $6%000 Project components that are eligible for TDA funding include the removal of existing improvements, grading work, installation of sidewalk, and pedestrian ramps. Eligible items also include traffic control, protection and restoration of existing improvements, required drainage improvements, and contingencies covering design and inspection. Gas Tax contributions will cover the cost of TDA ineligible TDA items. Gas Tax Funds can be used in the building or rebuilding of streets, roads, bridges, and acquisitions of right-of-ways or their component parts to a degree that improve traffic service is provided and geometric or structural improvements are affected including allocated administration and engineering. This description is based on Section I of Chapter 2 of the guidelines relating to Gas Tax expenditures, Division of Local Government Fiscal Affairs. The Gas Tax request will be submitted as part of the CIP review and approval process. Page 3,Item Meeting Date 4/10/01~ Projects submitted to SANDAG must meet at least the following criteria: 1. Projects must be consistent with SANDAG's adopted non-motorized plans, and be included in an adopted regional, county, city or community plan. 2. Ifthe project abuts other jurisdictions, it must be shown on the adopted plans ofthe adjacent jurisdictions, or a letter must be submitted from the abutting jurisdiction showing that cooperative efforts are underway 3. Bicycle projects must follow CalTrans Standards as shown in the CalTrans Highway Design Manual, Section 7-1000 - Bikeway Planning and Design Standards. 4. Pedestrian projects must meet the design requirements ofthe American with Disabilities Act (ADA). $. Other sources of funding must be identified. 6. The City Council must approve the projects being submitted for funding. Projects are also subject to prioritization criteria such as elimination of' safety problem areas on routes which would provide relatively safe travel use, service to high activity centers (economic, educational, cultural and recreational) including access to transportation system such as transit centers, local effort in developing the pedestrian or bicycle project, and connection to and continuity of longer routes provided by other means (e.g., regional park trails) to improve regional community. The FY 2001-02 applications will be reviewed by the Bicycle-Pedestrian Advisory Committee, which is composed of representatives from each SANDAG member agency, CalTrans, the region's transit development boards, and four members from the community at large. Based on the committee's recommendations, the SANDAG Board of Directors will authorize allocation of the available TDA and TransNet funds. A copy of the application package is available in the City Clerk's Office for Council's review. Third Avenue sidewalk improvements between Orange Avenue and Main Street, TDA Project Issues: On May 28, 1993, the San Diego Association of Governments (SANDAG) approved the allocation ors 120,000 in Transportation Development Act (TDA) funds to finance the installation of sidewalk improvements along Third Avenue between Orange Avenue and Main Street. Staff's intention at the time was to establish additional funding to finance construction of the ultimate improvements and other items ineligible under the TDA pro~ram. However, after reviewing the project in more detail, it was determined that this project would require more City funds than were available. The City Council, during its 1994 budget review process, approved staff's recommendation of constructing Page 4,Item Meeting Date 4/10/01 asphalt sidewalks since right-of-way issues and cooperation from other property owners were unattainable. TDA funding was not used since these funds are only for permanent improvements. On July 1995 a report was forwarded to the City Council on the completion of the interim asphalt sidewalk project. To date, the east side of Third Avenue now has either concrete or asphalt sidewalks but the west side is still unimproved since property owners are not willing to dedicate the right-of-ways. In 1994, it was estimated that a project that would install concrete sidewalk on both sides of Third Avenue at ultimate location would cost $1.8 million including the $120,000 TDA fund available. Based on requests from Council, staff is developing a detailed cost estimate to consider the project in the upcoming CIP budget. Since this project will most likely cost more than $2 million, staffdoes not recommend submitting it as a SANDAG project due to the limited amount of that County-wide. We still have the $120,000 SANDAG funds that could go toward the new project. FISCAL IMPACT: Potential revenue to the City of approximately $63,700.00 for the two applications. The actual amount is dependent upon which of the projects is approved for funding by the SANDAG Board of Directors and the amount they approve. This resolution approves the submittal of the applications, and does not formally approve the implementation of the projects. These projects will be submitted for approval in the FY 2001-02 CIP. Attachments: Two TDA Applications File: 0690-20-KY036 H:\HOME\ENGINEER~AGENDA\01 A-TDA.DOC TDA APPLICATION FORM BICYCLE AND PEDESTRIAN FACILITIES Claimant: CITY OF CHULA VISTA Amount of Claim: $25,650 Length and Type of Project: Bike Path Bike Lane Shared Route Related Facilities Sidewalk 380' Other Project description: Sidewalk Safety Program, Sidewalk Installation On "L" Street Between Cedar Avenue And Fifth Avenue, South Side: Installation of sidewalk improvements will increase pedestrian safety and accessibility to the Chula Vista Itigh School, Chula Vista Elementary School, Chula Vista Boys and Girls Club, and Chula Vista Church of Christ School. The combination of the schools and other facilities in the area is generating substantial pedestrian traffic. This project will complete the much needed sidewalk improvements along this section of "L" Street. Completion of this project will provide a safe walking route for students and other pedestrians between the various schools, recreational and commercial facilities, and it's surrounding neighborhood. Note: Please attach location map, project limits, and appropriate cross sections. I. Project Eligibility (Check and fully explain in comments) Yes No A. For bicycle projects, is the project included in an adopted N/A regional, county, city or community plan? B. If the project abuts other jurisdictions, is it shown on N/A adopted plans of adjacent jurisdictions? C. For bicycle projects, does the project follow CalTrans N/A Bike Route Standards from the Caltrans Highway Design Manual, Section 7-1000; Bikeway Planning and Design Standards? If the project exceeds the design standard, provide a separate justification for ~2 ' any added costs associated with the higher standard. D. Identify other sources of funding for the cooperative X projects, and/or specify how the TransNet/TDA- related costs for this application were determined. Only the cost necessary for the construction (TDA eligible items) of the sidewalk is included. Other funding will be obtained from local sources. II. Status of Project (check and fully explain in comments) Yes No A. Resolution passed by governing agency N/A Scheduled for the March 20, 2000 City Council meeting. B. On adopted Capital Improvement Program X This project will be included in Chula Vista's CIP Program. C. Maintenance and liability (Comment on how X proposed facility will be maintained) This improvement will be maintained by the City of Chula Vista's Operations Staff. III. Proposed Project Schedule (provide dates) A. Preliminary engineering completed 1ST QTR 01/02 B. Environmental Document approved N/A C. Final design complete 2ND QTR 01/02 D. Construction begins 3RD QTR 01/02 E. Construction complete 3RD QTR 01/02 IV. Evaluation Criteria (Check and fully explain in coraments) Yes No A. Does the project eliminate problem areas on routes that otherwise would provide relatively safe travel? 1. Intersections, driveways X 2. Bridges N/A 3. Narrow road segments X 4. Removal of parking X 5. High traffic volume and speed X 6. Wide crossing distance X 7. Other N/A This segment currently has a P.C.C. curb and gutter and dirt walkway with some vegetation. The pedestrians are forced to walk on the street during rainy days, as this area gets too muddy. This project will provide a safer path away from the street. B. Does the project provide service to high activity centers? Yes No 8. Employment X 9. Commercial X 10. Educational X 11. Public transportation interface X 12. Government or social service centers X 13. Cultural or recreational X 14. Other X This project is primarily intended to provide a safer route for students and other pedestrians between the various schools, recreational and commercial facilities, and the neighborhood in the vicinity. C. Does the project provide connection to and continuity Yes No of longer routes? 15. Inter-regional X 16. Regional X 17. Inter-jurisdictional X 18. Local X 19. Community X D. Describe the current and future contributions of local resources toward the project: This project, Sidewalk Safety Program, an annual City safety program, is currently in the CIP program with proposed TDA and GAS Tax funding. The preliminary engineering and design phase is proposed for second quarter of FY 01/02. The final phase, consisting of the final design and construction will start as soon as additional funding (TDA) can be met. E. Special Circumstances: The City is investing Gas Tax funding into this project and is fully committed to completing this project. This project, which has been in the Sidewalk Safety Program, will increase pedestrian safety and will provide a safer walking route for students and other pedestrians between the school district facilities and the surrounding neighborhoods. H :\HOME\ENGINEER\ADVPLAN\TDA\TDA2001 App#2.doc Date: February 28, 2000 ESTIMATE OF BICYCLE OR PEDESTRIAN PROJECT COSTS Project Name: "L" Street Sidewalk Improvement Length: 380 ft Miles Construction Costs 1. Earthwork a. Roadway Excavation C.Y. X $ = $ 0.00 b. Embankment C.Y. X $ = $ 0.00 ~ 0.00 2. Drainage - Major Work Describe: $ 0.00 3. Signing, Striping, Pavement Markings Signs (8/mile) = $1,000/MJle! Stripe · ~3,000 /Mile X Miles= $ 0.00 Markings 320 S.F./Mile $500/Mile 4. Paving a. Agg. Base 0,00 C.Y, X ~ /C.Y.- $ 0.00 calc: length x width x depth + 27 = C.Y. 0,00 b. Paving 0,00 Tons X $ /Ton = (~ 0.00 calc: length x width x depth + 27 X 2 = Tons 0.00 PAVING TOTAL ~ 0.00 5. Bridge Work a. Modify Bridge S.F. X $ /S.F, = $ 0.00 b, New Bridge S.F. X ~ /S.F. = ~ 0.00 BRIDGE TOTAL $ 0,00 8. Fencing L.F. X $ /L.F. = $ 0.00 7. Storage a. Racks ea. X $ = O.OO b, Lockers ea. X $ = O.OO 8 Sidewalk Cost per square foot $ 4~50 X 1,6OO SF = 8 7,200.00 9. Ped Ramps No. of Ramps 1 X ~ 1,500.O0 /ramp = $ 1,500.OO 10. Other (Specify and identify unit costs if appropriate + B25) a. Removal and Disposal $ 3,000.00 b. Excavation and Grading $ 2,500.00 c. Sidewalk Portion of Driveway Approach (4ea, 15'x5@ ~6.00 per sq.ft.) $ 1,800.O0 d. Protection and Restoration $ 2,000.00 e. Traffic Control $ 1,000.00 11. Construction Subtotal $ 19,000.00 03/02/2001 Construction Subtotal (~ 19,000.00 Construction Contingencies (10% of construction subtotal) 919,000.00 X 10% = ~ 1,900.00 Construction Inspection (10% of construction subtotal) $19,000.00 X 10% = ~ 1,900.00 12. CONSTRUCTION TOTAL $ 22,800.00 Non-Construction Costs 13. Design Engineering (15% of Construction Subtotal, line 11 ) $ 2,850.00 14. Environmental Document/Permits $ 0.00 15. PROJECT TOTAL $ 25,650.00 16. Less Other Revenue Sources (Specify) Previous TDA $ ( ) Previous TransNet $ ( ) ~( ) 9( ) 9( ) 17. CLAIM AMOUNT 8 25,650.00 18.Cost detail not shown above. Use to explain special circumstances such as deviations from suggested percentage or unit costs. Do not a~tach additional sheets. 03/02/2001 ¥-to TDA APPLICATION FORM BICYCLE AND PEDESTRIAN FACILITIES Claimant: CITY OF CHULA VISTA Amount of Claim: $37,935 Length and Type of Project: Bike Path Bike Lane Shared Route Related Facilities Sidewalk 450' Other Project description: Sidewalk Safety Program, Sidewalk Installation On Moss Street West Of Fourth Avenue, North Side: Installation of sidewalk improvements will increase pedestrian safety and accessibility to the Sweetwater School District offices and Night School. The School District site on Moss Street is generating substantial pedestrian traffic. In combination with the recently completed sidewalk improvements on the northwest corner of Moss Street and Fourth Avenue and the existing curb and gutter improvements in this area, this project will provide a safe walking route for students and other pedestrians between the schools and surrounding neighborhood. Note: Please attach location map, project limits, and appropriate cross sections. I. Project Eligibility (Check and fully explain in comments) Yes No A. For bicycle projects, is the project included in an adopted N/A regional, county, city or community plan? B. If the project abuts other jurisdictions, is it shown on N/A adopted plans of adjacent jurisdictions? C. For bicycle projects, does the project follow CalTrans N/A Bike Route Standards from the Caltrans Highway Design Manual, Section 7-1000; Bikeway Planning and Design Standards? If the project exceeds the design standard, provide a separate justification for any added costs associated with the higher standard. D. Identify other sources of funding for the cooperative X projects, and/or specify how the TransNet/TDA- related costs for this application were determined. Only the cost necessary for the construction (TDA eligible items) of the sidewalk is included. Other funding will be obtained from local sources. II. Status of Project (check and fully explain in comments) Yes No A. Resolution passed by governing agency N/A Scheduled for the March 20, 2000 City Council meeting. B. On adopted Capital Improvement Program X This project will be included in Chula Vista's CIP Program. C. Maintenance and liability (Comment on how X proposed facility will be maintained) This improvement will be maintained by the City of Chula Vista's Operations Staff. III. Proposed Project Schedule (provide dates) A. Preliminary engineering completed 1ST QTR 01/02 B. Environmental Document approved N/A C. Final design complete 2ND QTR 01/02 D. Construction begins 3RD QTR 01/02 E. Construction complete 3RD QTR 01/02 IV. Evaluation Criteria (Check and fully explain in comments) Yes No A. Does the project eliminate problem areas on routes that otherwise would provide relatively safe travel? 1. Intersections, driveways X 2. Bridges N/A 3. Narrow road segments X 4. Removal of parking X 5. High traffic volume and speed X 6. Wide crossing distance X 7. Other N/A This segment currently has a P.C.C. curb and gutter and dirt walkway with some vegetation. The pedestrians are forced to walk on the street during rainy days, as this area gets too muddy. This project will provide a safer path away from the street. B. Does the project provide service to high activity centers? Yes No 8. Employment X 9. Commercial X 10. Educational X 11. Public transportation interface X 12. Government or social service centers X 13. Cultural or recreational X 14. Other X This project is primarily intended to provide a safer route for students and other pedestrians between the school district facilities and the neighborhood in the vicinity. C. Does the project provide connection to and continuity Yes No of longer routes? 15. Inter-regional X 16. Regional X 17. Inter-jurisdictional X 18. Local X 19. Community X D. Describe the current and future contributions of local resources toward the project: This project, Sidewalk Safety Program, an annual City safety program, is currently in the CIP program with proposed TDA and GAS Tax funding. The preliminary engineering and design phase is proposed for second quarter of FY 01/02. The final phase, consisting of the final design and construction will start as soon as additional funding (TDA) can be met. E. Special Circumstances: The City is investing Gas Tax funding into this project and is fully committed to completing this project. This project, which has been in the Sidewalk Safety Program, will increase pedestrian safety and will provide a safer walking route for students and other pedestrians between the school district facilities and the surrounding neighborhoods. H:\HOME\ENGINEER~ADVPLAN\TDA\TDA2001 App# l.doc Date: February 28, 2000 ESTIMATE OF BICYCLE OR PEDESTRIAN PROJECT COSTS Project Name: Moss Street Sidewalk Improvement Length: 450 ft Miles Construction Costs 1. Earthwork a. Roadway Excavation C.Y. X $ = $ 0.00 b. Embankment C.Y. X $ -- $ 0.00 $ 0.00 2. Drainage - Major Work Describe: $ 0.00 3. Signing, Striping, Pavement Markings Signs (8/mile) = $1,000/Mile! Stripe $1,500/Milei/ ~ $3,000 /Mile X Miles= $ 0.00 Markings 320 S.F./Mire $500/Mile I 4. Paving a. Agg. Base O.00 C.Y. X $ /C.Y. = $ 0.00 calc: length x width x depth + 27 = C~)Y.~)O b. Paving 0.00 Tons X $ /Ton = $ 0.OO calc: length x width x depth + 27 X 2 Tons O.00 PAVING TOTAL $ 0.00 5. Bridge Work a. Modify Bridge S.F. X $ /S.F. = $ 0.OO b. New Bridge S.F. X $ /S.F. = $ 0.00 BRIDGE TOTAL $ 0.00 6. Fencing L.F. X $ /LF. = 8 0.00 7. Storage a. Racks ea. X $ = O.00 b. Lockers ea. X $ = O.O0 8 Sidewalk Cost per square foot $ 4.50 X 2,100 SF = $ 9,450.00 9. Ped Ramps No. of Ramps 4 X 8 1,500.00 /ramp = $ 6,000.00 10. Other (Specify and identify unit costs if appropriate) a. Removal and Disposal ~ 3,000.00 b. Excavation and Grading $ 2,500.00 c. Sidewalk Portion of Driveway Approach (2ea, 15'x5@ 96.00 per sq.ft.) $ 900.00 d. Fire Hydrant Relocation $ 3,500.00 e. Protection and Restoration $ 1,750.00 f. Traffic Control $ 1,000.00 11. Construction Subtotal $ 28,100.00 03/02/2001 Construction Subtotal $ 28,100.00 Construction Contingencies (10% of construction subtotal) $28,100.00 X10% = $ 2,810.00 Construction Inspection (10% of construction subtotal) $28,100.00 X 10% = $ 2,810.00 12. CONSTRUCTION TOTAL $ 33,720.00 Non-Construction 13. Design Engineering (15% of Construction Subtotal, line 11 ) ~ 4,215.00 14. Environmental Document/Permits $ 0.00 15. PROJECT TOTAL $ 37,935.00 16. Less Other Revenue Sources (Specify) Previous TDA $ ( ) Previous TransNet $ ( ) $( ) ) 17~ CLAIM AMOUNT $ 37,935.00 18. Cost detail not shown above. Use to explain special circumstances such as deviations from suggested percentage or unit costs. Do not attach additional sheets. 03/02/2001 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SUBMITTAL TO SANDAG OF TWO ~PPLICATIONS WITHIN THE MONTGOMERY ANNEXATION AREA FOR THE FY 2001-02 2% NON-MOTORIZED TRANSPORTATION DEVELOPMENT ACT (TDA) AND TRANSPORTATION SALES TAX (TRANSNET) BICYCLE AND PEDESTRIAN PROJECT FUNDS WHEREAS, the City of Chula Vista annually submits an updated list of projects for inclusion in the implementation program of the non-motorized element of the Regional Transportation Improvement Program; and WHEREAS, SANDAG regulations require that official applications be submitted to SANDAG in order for projects to be considered by its Board of Directors for funding; and WHEREAS, in order for the application to be official, Council must approve a resolution authorizing submittal of the FY 2001-02 2% Non-Motorized Project applications for available Transportation Development Act and Transportation Sales Tax (TransNet) Funds; and WHEREAS, the following is a description o~ the project applications to be submitted: Sidewalk Safety Program, Sidewalk Installation on "L" Street between Cedar Avenue and Fifth Avenue, South Side: Installation of sidewalk improvements will increase pedestrian safety and accessibility to the Chula Vista High School. Total application request is $25,700. Sidewalk Safety Program, Sidewalk Installation on Moss Street west of Fourth Avenue: The project involves the installation of sidewalk improvements to increase pedestrian safety and accessibility to the Sweetwater School District offices and Night School. Total application request is $38,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the submittal to SANDAG of two applications for Fiscal Year 2001-02 2% Non-Motorized Transportation Development Act (TDA) Fund and Transportation Sales Tax (TransNet) Bicycle and Pedestrian Project funds. Presented by Approved as to form by John P. Lippitt ~'M. Kaheny ~/ J Director of Public Works /C~y Attorney~-~ H:\home~attorney~reso\2% NO~OTORIZED TDA COUNCIL AGENDA STATEMENT Item Meeting Date 4/10/01 ITEM TITLE: Resolution Approving Final "B" Maps for Chula Vista Tract No. 96-04, Otay Ranch SPA One, Village 5, Neighborhoods R-28, R-32A and R- 33; accepting on behalf of the City of Chula Vista the assignable and irrevocable general utility and access easements, the sewer easement, the wall easement and the sight visibility easement granted on said maps; approving three "B" Map Subdivision Improvement Agreements; and authorizing the Mayor to execute said agreements. Resolution Approving the Supplemental Subdivision Improvement Agreement for Village 5 Neighborhoods R-28, R-32A and R-33 of the Otay Ranch Project and authorizing the Mayor to execute said agreement. SUBMITTED BY: Director of Public Work~{~ REVIEWED BY: City Manager~'1~ ~¢' (4/5ths Vote: Yes No X ) Tonight, Council will consider the approval of Final "B" Maps for Neighborhood R-28, R-32A and R- 33 of Otay Ranch Village 5 (CVT 96-04) and associated agreements. Otay Project, L.P is the current owner of the properties. On April 20, 1999, Council approved the "Agreement for Financing and Construction of Olympic Parkway and Related Roadway Improvements". The approval of the subject Final Maps comply with the development thresholds established by the Olympic Parkway Agreement. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. RECOMMENDATION: That Council approve the following: 1) Resolution approving Final "B" Maps for Village5NeighborhoodR-28, R-32AandR-33ofthe Otay Ranch Project and associated Subdivision Improvement Agreements, and 2) Resolution approving the Supplemental Subdivision Improvement Agreement for Village 5 Neighborhoods R-28, R-32A and R-33 of the Otay Ranch Project. DISCUSSION: On November 19, 1996, by Resolution No. 18398, Council approved the tentative map for Otay Ranch, Village 1 and a portion of Village 5 (CVT 96-04). On January 23, 2001, by Resolution Nos. 2001-018, Council approved the Otay Ranch Village Five "A" Map No. 3. The "A" Map created the "superblock" lots corresponding to Neighborhoods R-28, R-32A and R-33. Tonight, Council will consider approving the three Final "B" Maps and associated agreements for these maps. Final Maps and Subdivision Improvement Agreements The land to be subdivided by the subject Final "B" Maps is generally located south of Otay Lakes Road across from the Telegraph Canyon Estates subdivision and west of Phase 1 of Village 5. The Final "B" Map for each neighborhood consists of the following: Page 2, Item __ Meeting Date: 4/10/01 Number of Single Number of Private Total Final Map Final Map Family Units Streets & Open Space Acreage Neighborhood R-28 73 14 9.983 Neighborhood R-32A 61 9 10.951 Neighborhood R-33 42 6 9.810 TOTALS 176 29 30.744 The private open space lots and the private streets will all be maintained by a Homeowner's Association. A plat and location map of the subdivisions is attached herewith as Attachment 1. Staff has determined that the proposed maps and associated agreements comply with all conditions of approval of the Tentative Map and recommends approval by Council. Approval of the subject maps constitutes acceptance by the City of all assignable and irrevocable general access and utility easements, the sewer easement, the wall easements and the sight visibility easement granted on the maps. The fees and/or cash deposits which are specific to each Final "B" Map have been collected in satisfaction of the various Tentative Map conditions of approval and Code requirements. The Owner has also executed a Subdivision Improvement Agreement (SIA) for each map and has provided bonds to guarantee construction of the required onsite public improvements and to guarantee the subdivision monumentation. The SIA's are on file in the office of the City Clerk. The construction and bonding of all oft-site street improvements serving the subject map has been addressed in the Olympic Parkway Agreement. Supplemental Subdivision Improvement Agreement The Owner has also executed a Supplemental Subdivision Improvement Agreement (SSIA), encompassing the proposed map, to satisfy Conditions 1, 2, 3, 4, 5, 8, 9, 10, 14, 15, 16, 17, 18, 27, 31, 36, 50, 52, 65, 83, 84(e), 90, 103, 104, 108, 120, 128, 130, 131, 132, 133, 136, 137, 138, 140 and 152 of Resolution No. 18398. All the conditions are addressed using typical language used in previous agreements. Staff has reviewed the SSIA and determined that it satisfies all the applicable tentative map conditions for Final Map approval and recommends Council approval. Environmental Review The City's Environmental Review Coordinator has reviewed the Final Maps and has determined that they are in substantial conformance with the Otay Ranch General Development Plan (GDP) Program EIR 90- 01, SPA One EIR 95-01, subsequent amended SPA One Plan EIR 97-03 and other related environmental documents and that the Final Maps will not result in any new environmental effects that were not previously identified, nor would the Final Maps result in a substantial increase in severity in any impacts previously identified. Page 3, Item __ Meeting Date: 4/10/01 The City Attorney has reviewed the proposed agreements and has approved them as to form. The Developer's disclosure statement is attached as Attachment 2. FISCAL IMPACT: None. The Developer has paid all costs associated with the Final "B" Maps and agreements. Attachments: Attachmem 1: Plat - Chula Vista Tract 96-04, Otay Ranch SPA One, Village 5, Neighborhoods R- 28, R-32A and R-33 Attachment 2: Developer's Disclosure Statement H:\HOME\ENGINEER\LANDDEV\OTAYRNCH\A113V5 R28, R32A and R33-tme.doc File No. 0600-80 ORI77F, OR176F and ORI78F "['tt.E CITY OF CHULA VISTA DISCLOSURE STATEIVI:ENT Pursuant to Council Policy 101-01, prior to an)' action upon matters which will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of dhclosur¢ of certain ownership or financial interests, payments, or ¢~,rapaign contr~utions for a City of Chub ¥ista election must be filed. The following information must be disclosed: 1. List ihe naraes of all persons having a financial interest in the property that is the subject of the application or the contract, e.g., owner, appllcant, conwactor, subcontractor, material supplier, Otav Pro~ ~et 2. If any person* identified pursuant ~o (1) above is a corporation or parmership, list the names of all ind/viduals with a $1000 investment in the business (corP0raflon/parmership) entity. J/~ B aldw~n 3. If any person* identified pursuam to (1) above is a non-profit orE*nlz=tion or trust, list the names of any p~rson serving as direewr of thc non-profit organization or as trustee or beneficiary or trustor of the trust. 4. Please identify every person, including any agents, employees, consulm, nts, or independent contractors :you have assigned to represent you before the City in this matter? ..... Jim Baldwin w~n~ ~a~n A1 Baldwin Ranle Hunter Kim Kilkenny Chuck Cater 5, Has any person* associated with this contrac~ 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 .v.. If Yes, briefly describe the nature of the financial interest the official'~' my have in this contract7 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the. Chub Vista City Council? No X Yes ~ If yes. which Council member? 7. Have you or a~y member of your governing board (i.e. Corporat~ Board of Directors/Y-xccu6ves, non-profit Board of Dixectors made con~ributiom totaling more than $1,000 over the past four (4) years to a currcm member of thc Chula Vista City Council? Yes No X If Yes, which Council member? 8. Have you provided more than $300 (or an item of equivalent value) to an official**'qf the City of Chub Vista ia thc past twelve (12) months9 (This includes b~ing a source of income, money to retire a legal debt, gift, loan, otc.) Yes No ~ If Yes, which official** and what was the hatur¢ of item provided? Signature of Contractor/Applicant Print or type name of ,Contractor/Applicant_ .... Person is cl~flncd as: any individual, fu-m, co-parmership, joi~t v~ntur¢, association, social dub, fraternal org~,,i?~tion, corporation, estate. Wast, zeceiver, syndicate, any other county, city, municipality, dlsu'ict, or other political su~divialon, -or any other group or combination acting as a unit. Official includes, but is not'limited to: Mayer. Council member, Pl.--i-g Co,~,~issioner, Member of e board, commission, or ce'~iuee of the City, ~mployee, or staff members. H:~OMI~..NOINEFa'~,.DM~hCONTRAeT~s'rL~200.Z3 ('Boiler MY ~--- ~t~ RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FINAL "B" MAP FOR CHULA VISTA TRACT NO. 96-04. OTAY RANCH SPA ONE, VILLAGE 5, NEIGHBORHOOD R-28; R-32A AND R-33, ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE ASSIGNABLE AlCD IRREVOCD~BLE GENERAL UTILITY AND ACCESS EASEMENTS, THE SEWER EASEMENT, AND WALL EASEMENTS GRANTED ON SAID MAPS; APPROVING THREE "B" MAP SUBDIVISION IMPROVEMENT AGREEMENTS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby finds that certain map survey entitled Chula Vista TRACT No. 96-04 OTAY RANCH SPA ONE, VILLAGE 5, NEIGHBORHOOD R-28, and more particularly described as follows: Being a subdivision of Lot 8 of Chula Vista Tract 96-04 of Otay Ranch Village 5 '' A" Map No. 3, as shown on Map No. 14147, 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 February 20, 2001. Area: 9.983 Acres No. of Lots: 87 Numbered Lots: 73 Lettered Lots: 14 is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the public the Assignable and Irrevocable General Utility and Access Easements, and the wall easement, all as shown on said map within this subdivision. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map; and that the wall easements and Assignable and Irrevocable General Utility and Access Easement, as granted thereon 1 and shown on said map within said subdivision, are accepted on behalf of the City of Chula Vista as herein above stated. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San DieHo. BE IT FURTHER RESOLVED that that certain Subdivision Improvement AHreement dated the __ day of ___, 2001, for the completion of improvements in said subdivision, a copy of which is on file in the office of the City Clerk, is hereby approved. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista hereby finds that certain map survey entitled Chula Vista TP~ACT No. 96-04 OTAY RANCH SPA ONE, VILLAGE 5, NEIGHBORHOOD R-32A, and more particularly described as follows: Being a subdivision of Lot 6 of Chula Vista Tract 96-04 of Otay Ranch Village 5 "A" Map No. 3, as shown on Map No. 14147, in the City of Chula Vista, County of San Diego, State of California, filed in the office of the County Recorder of San DieHo County on February 20, 2001. Area: 10.951 Acres No. of Lots: 70 Numbered Lots: 61 Lettered Lots: 9 is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the public the Assignable and Irrevocable General Utility and Access Easements, and the sewer easement, all as shown on said map within this subdivision. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map and Assignable and Irrevocable General Utility and Access Easement and sewer easement, as granted thereon and shown on said map within said subdivision, are accepted on behalf of the City of Chula vista as herein above stated. 2 BE IT FURTHER RESOLVED that the City Clerk is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement dated the __ day of __, 2001, for the completion of improvements in said subdivision, a copy of which is on file in the office of the City Clerk, is hereby approved. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista hereby finds that certain map survey entitled Chula Vista TRACT No. 96-04 OTAY RANCH SPA ONE, VILLAGE 5, NEIGHBORHOOD R-33, and more particularly described as follows: Being a subdivision of Lot 1 of Chula Vista Tract 96-04 of Otay Ranch Village 5 '~ A" Map No. 3, as shown on Map No. 14147, 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 February 20, 2001. Area: 9.810 Acres No. of Lots: 48 Numbered Lots: 42 Lettered Lots: 6 is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the public the Assignable and Irrevocable General Utility and Access Easements, and wall easement, all as shown on said map within this subdivision. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map and the Assignable and Irrevocable General Utility and Access Easement and wall easement, as granted thereon and shown on said map within said subdivision, are accepted on behalf of the City of Chula Vista as herein above stated. 3 BE IT FURTHER RESOLVED that the City Clerk is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement dated the day of , 2001, for the completion of improvements in said subdivision, a copy of which is on file in the office of the City Clerk, is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be and is hereby authorized to execute said agreements for and on behalf of the City of Chula Vista. Presented by Approved as to form by John P. Lippitt JohnV~.~ ~aheny Director of Public Works City Attorney H: \Home~Attorney~RESO~OtayRanchVlg5 .R-28, 32, 33 4 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR VILLAGE 5, NEIGHBORHOODS R-28, R-32A AND R-33 OF THE OTAY RANCH PROJECT, REQUIRING DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTION NO. 18398 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. 18398. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the Supplemental Subdivision Improvement Agreement for Village 5, Neighborhood R-28, R-32A and R-33 of the Otay Ranch Project, 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 ~ohnY~/K~e~y Director of Public Works City Attorney IH/HOME',ATTORN EY/RES O/ssia OR R-28, 32 & 33 (March 30, 2001 (3:26PM)] COUNCIL AGENDA STATEMENT Item Meeting Date 4/10/01 ITEM TITLE: Resolution Approving a Final "B" Map for Chula Vista Tract No. 96-04, Otay Ranch SPA One, Village 5, Neighborhood R-29; vacating on behalf of the City certain existing general utility and access easements, accepting on behalf of the City of Chula Vista the assignable and irrevocable general utility and access easement, the sewer easement and the wall easement granted on said map; approving a "B" Map Subdivision Improvement Agreement; and authorizing the Mayor to execute said agreement. Resolution Approving the Supplemental Subdivision Improvement Agreement for Village 5 Neighborhood R-29 of the Otay Ranch Project and authorizing the Mayor to execute said agreement. SUBMITTED BY: Director of Public Works~~ REVIEWED BY: City Manager 0~' (4/5tbs Vote: Yes No X ) Tonight, Council will consider the approval of the Final "B" Map for Neighborhood R-29 of Otay Ranch Village 5 (CVT 96-04) and associated agreements. Otay R-29, LLC is the current owner and developer of this property. On April 20, 1999, Council approved the "Agreement for Financing and Construction of Olympic Parkway and Related Roadway Improvements". The approval of the subject Final Map complies with the development thresholds established by the Olympic Parkway Agreement. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. RECOMMENDATION: That Council approve the following: 1) Resolution approving a Final "B" Map for Village 5 Neighborhood R-29 of the Otay Ranch Project and associated Subdivision Improvement Agreement, and 2) Resolution approving the Supplemental Subdivision Improvement Agreement Village 5 Neighborhood R-29 of the Otay Ranch Project. DISCUSSION: On November 19, 1996, by Resolution No. 18398, Council approved the tentative map for Otay Ranch, Village 1 and a portion of Village 5 (CVT 96-04). On January 23, 2001, by Resolution Nos. 2001-018, Council approved the Otay Ranch Village Five "A" Map No. 3 (Map No. 14147). The Final "A" Map created the "superblock" lot corresponding to Neighborhood R-29. Tonight, Council will consider approving the Final "B" Map and associated agreements for this map. Final Maps and Subdivision Improvement Agreements The land to be subdivided by the subject Final "B" Map is generally located south of Otay Lakes Road across from the Telegraph Canyon Estates subdivision and west of Phase 1 of Village 5. The Final "B" Map consists of the following: Page 2, Item __ Meeting Date: 4/10/01 Number of Single Number of Private Streets & Total Final Map Family Units Open Space Acreage 83 20 9.452 The private open space lots and the private streets will all be maintained by a Homeowner's Association. A plat and location map of the subdivision is attached herewith as Attachment 1. Staff has determined that the proposed map and associated agreements comply with all conditions of approval of the Tentative Map and recommends approval by Council. Approval of the subject map constitutes acceptance by the City of all assignable and irrevocable general access and utility easements, the sewer easement and the wall easement granted on the map. The fees and/or cash deposits which are specific to the Final "B" map have been collected in satisfaction of the various Tentative Map conditions of approval and Code requirements. Approval of the proposed map will also constitute the vacation of a general utility and access easement granted on Map No. 14147. This easement will be replaced by a revised general utility and access easements proposed by the subject Final "B" Map. The Developer has also executed a Subdivision Improvement Agreement (SIA) for the map and has provided bonds to guarantee construction of the required onsite public improvements and to guarantee the subdivision monumentation. The SIA is on file in the office of the City Clerk. The construction and bonding of all off-site street improvements serving the subject map has been addressed in the Olympic Parkway Agreement. Supplemental Subdivision Improvement Agreement The Developer has also executed a Supplemental Subdivision Improvement Agreement (SSIA), encompassing the proposed map, to satisfy Conditions 1, 2, 3, 4, 5, 8, 9, 10, 14, 15, 16, 17, 18, 27, 31, 36, 50, 52, 65, 83, 84(e), 90, 103, 104, 108, 120, 128, 130, 131, 132, 136, 137, 138, 140 and 152 of Resolution No. 18398. All the conditions are addressed using typical language used in previous agreements. Staff has reviewed the SSIA and determined that it satisfies all the applicable tentative map conditions for final map approval and recommends Council approval. Environmental Review The City's Environmental Review Coordinator has reviewed the Final Map and has determined that they are in substantial conformance with the Otay Ranch General Development Plan (GDP) Program EIR 90- 01, SPA One EIR 95-01, subsequent amended SPA One Plan EIR 97-03 and other related environmental documents and that the Final Map will not result in any new environmental effects that were not previously identified, nor would the Final Map result in a substantial increase in severity in any impacts previously identified. The City Attorney has reviewed the proposed agreements and has approved them as to form. The Developer's disclosure statement is attached as Attachment 2. Page 3, Item __ Meeting Date: 4/10/01 FISCAL IMPACT: None. The Developer has paid all costs associated with the Final "B" Map and agreements. Attachments: Attachment 1: Plat - Chula Vista Tract 96-04, Otay Ranch SPA One, Village 5, Neighborhood R-29 Attachment 2: Developer's Disclosure Statement H:\HOME\ENGINEER\LANDDEV\OTAYRNCH\AI 13V5 R29-nne.doc File No. 0600-80-OR183F Page 2, Item __ Meeting Date: 4/10/01 Number of Single Number of Private Streets & Total Final Map Family Units Open Space Acreage 83 20 9.452 The private open space lots and the private streets will all be maintained by a Homeowner's Association. A plat and location map of the subdivision is attached herewith as Attachment 1. Staff has determined that the proposed map and associated agreements comply with all conditions of approval of the Tentative Map and recommends approval by Council. Approval of the subject map constitutes acceptance by the City of all assignable and irrevocable general access and utility easements, the sewer easement and the wall easement granted on the map. The fees and/or cash deposits which are specific to the Final "B" map have been collected in satisfaction of the various Tentative Map conditions of approval and Code requirements. Approval of the proposed map will also constitute the vacation ora general utility and access easement granted on Map No. 14147. This easement will be replaced by a revised general utility and access easements proposed by the subject Final "B" Map. The Developer has also executed a Subdivision Improvement Agreement (SIA) for the map and has provided bonds to guarantee construction of the required onsite public improvements and to guarantee the subdivision monumentation. The SIA is on file in the office of the City Clerk. The construction and bonding of all off-site street improvements serving the subject map has been addressed in the Olympic Parkway Agreement. Supplemental Subdivision Improvement Agreement The Developer has also executed a Supplemental Subdivision Improvement Agreement (SSIA), encompassing the proposed map, to satisfy Conditions 1, 2, 3, 4, 5, 8, 9, 10, 14, 15, 16, 17, 18, 27, 31, 36, 50, 52, 65, 83, 84(e), 90, 103, 104, 108, 120, 128, 130, 131, 132, 133, 136, 137, 138, 140 and 152 of Resolution No. 18398. All the conditions are addressed using typical language used in previous agreements. Staffhas reviewed the SSIA and determined that it satisfies all the applicable tentative map conditions for final map approval and recommends Council approval. Environmental Review The City's Environmental Review Coordinator has reviewed the Final Map and has determined that they are in substantial conformance with the Otay Ranch General Development Plan (GDP) Program EIR 90- 01, SPA One EIR 95-01, subsequent amended SPA One Plan EIR 97-03 and other related environmental documents and that the Final Map will not result in any new environmental effects that were not previously identified, nor would the Final Map result in a substantial increase in severity in any impacts previously identified. The City Attorney has reviewed the proposed agreements and has approved them as to form. The Developer's disclosure statement is attached as Attachment 2. Page 3, Item __ Meeting Date: 4/10/01 FISCAL IMPACT: None. The Developer has paid all costs associated with the Final "B" Map and agreements. Attachments: Attachmem 1: Plat - Chula Vista Tract 96-04, Otay Ranch SPA One, Village 5, Neighborhood R-29 Attachment 2: Developer's Disclosure Statement H:\HOME\ENGINEER\LANDDEV\OTAYRNCH\A113V5 R29 tme.doc File No. 0600-80-OR183F CITY OF CHULA VISTA TRACT NO. 96-04 OTAY RANCH VII.I.&GE 5 NEIGHBORHOOD R-29 LOT "A " LOT "B" 2 4 6 ~ LOT ?  12 1 1 REMAINDER HUNSAKER ~ "~ & ASSOCIATES __02/27/01 TUE 15:12 FAX 619 691 5171 CHULA VISTA ENGINEERING ~002 CITY OF CHULA VISTA DISCLOSURE STATEMENT Pursuant to Council Policy 101-01, prior to any action upon matters which will requ/re discretionary action by the Council, Planning Commission and all otl'mr 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 thc application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. William Lyon Homes, Inc. 2. If any person* identified pursuant to (l) above is a corporation or partnership, list the names of all individuals with a $1000 investmgnt in the business (corporation/partnership) entity. N/A 3. If any person* identified pursuant to (1) above is a non-profit organization or trust, list the 'names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. 4. Please id~ti~ eve~ person, includ~g any ~en~, employees, consultants, or independ~t con~actorsyouhaveassignedtorepresentyoubeforetheCityinthisma~. Mel Mercado - William Lyon A~lisa Vialpando - Hunsaker Rick Lien - Barbara Harris Permitting 02/27/01 TUE 15:12 FAX 619 6~1 $171 CHULA VISTA ENGINEERING 9003 $. Has any person* a~sociatod with this contract had any financial dealings with aa official** of the City of Chula Vista as it relates to this contract within the past 12 months? Yes. No X If Ye% 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 Cit~ Council'? Yes NO X If Yes, which Cotmeil member? 7. Have you or any member of your governing board (i.e, Corporate Board of Directors/Executives, non-profit Board of Directors made contributions totaling mom than $1,000 over the past fOUr (4) years to a current member of the Chula Vista City Council? Yes _No x If Yes, which Council member? 8. Have you provided more than $300 (or an item of equivalent value) to an official** of the City of Chula Vista in thc past twelve (12) months? (This includes being a source of income, money to retire a legal deb~, giil, loan, etc.) Yes __ No x If Yes, which official*~' and what was the nature of item provided? Co ctor/ plicant Melvin J. Mercado Print or type nem¢ 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, Plaaaning Commissioner, Member o£ a board, commission, or committee of the City, employee, or staff raembers, H:LI-IOME~NGINEERkADMI~CONTRACTkD ISCLO S E.DOC RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FINAL "B" MAP FOR CHULA VISTA TP~ACT NO. 96-04. OTAY PJ~NCH SPA ONE, VILLAGE 5, NEIGHBORHOOD R-29; ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE ASSIGNABLE AND IRREVOCABLE GENERAL UTILITY AND ACCESS EASEMENT, THE SEWER EASEMENT, AND WALL EASEMENT GRANTED ON SAID MAPS; APPROVING A "B" MAP SUBDIVISION IMPROVEMENT AGREEMENT, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby finds that certain map survey entitled Chula Vista TRACT No. 96-04 OTAY RANCH SPA ONE, VILLAGE 5, NEIGHBORHOOD R-29, and more particularly described as follows: Being a subdivision of Lot 9 of Chula Vista Tract 96-04 of Otay Ranch Village 5 ~ A" Map No. 3, as shown on Map No. 14147, 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 February 20, 2001. Area: 9.452 Acres No. of Lots: 103 Numbered Lots: 83 Lettered Lots: 20 is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the public the Assignable and Irrevocable General Utility and Access Easement, the sewer easement and wall easement, all as shown on said map within this subdivision. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map; and the sewer easement, wall easement and Assignable and Irrevocable General Utility and Access Easement, as 1 granted thereon and shown on said map within said subdivision, are accepted on behalf of the City of Chula Vista as herein above stated. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement dated the __ day of __, 2001, for the completion of improvements in said subdivision, a copy of which is on file in the office of the City Clerk, is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be and is hereby authorized to execute said agreements for and on behalf of the City of Chula Vista. Presented by Approved as to form by John P. Lippitt Jc~M. Kaheny Director of Public Works City Attorney H: \Home~Attorney~RESO\OtayRanchVlg5 .R 29 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR VILLAGE 5, NEIGHBORHOOD R-29 OF THE OTAY R3kNCH PROJECT, REQUIRING DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTION NO. 18398 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. 18398. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby approve the Supplemental Subdivision Improvement Agreement for Village 5, Neighborhood R-29 of the Otay Ranch Project, 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 Director of Public Works City Attorney [H:/HOME~ATTORNEY/RESO\ssia OR R-29 (Ma¢ch 30, 2001 (3:19PM)] COUNCIL AGENDA STATEMENT Item Meeting Date: 4/10/01 · ITEM TITLE: Resolution Approving the form of a two party agreement between the City of Chula Vista and various consultants for engineering and landscape plan check services, amending the Department of Public Works and Department of Parks and Recreation budgets by appropriating $75,000 and $25,000 respectively based on unanticipated revenues from developer reimbursements, and authorizing the City Manager to execute said agreement(s) SUBMITTED BY: Director of Public Worksff/J Director of Parks and ReEreation REVIEWED BY: City Managert~' ryq,/~ (4/5 Vote: Yes X No ) The subject agreement will provide the City with the ability to respond to the ongoing plan check work while maintaining a delicate balance between the quality of review, overall project processing time and permanent staffing level. RECOMMENDATION: That Council adopt the resolution approving the form of a two party agreement between the City of Chula Vista and various consultants for engineering and landscape plan check services, amending the Department of Public Works (Engineering Division) and Department of Parks and Recreation (Landscape-Architecture Division) budgets by appropriating $75,000 and $25,000 respectively based on unanticipated revenues from developer reimbursements, and authorizing the City Manager to execute said agreement(s). BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: Background Staff is recommending the approval of agreements with consultants for plan check services related to land development work to assist staff should construction activities remain strong in the near future. Staff advertised for proposals in January and received proposals in February from seven firms. Contract Goals Staff recommends approval of a consultant contract to provide engineering and landscape architecture services to assist staff in responding to peak work load levels in plan checking. As you are aware, the on-going growth in the planned communities in eastern Chula Vista and infill development in the western part of the City is significant. Staff's recommendation to seek Page 2, Item Meeting Date 4/10/01 consultant assistance during peak workload periods is based on the following principles and goals: 1. Maintain "reasonable" review and processing times for development plans. Based on workload projections, staff recommends using consultant services to assist staff in complying with reasonable processing times. In balancing speed with quality, staff does not recommend speeding up the process. To the contrary, the goal of the contract(s) is to assign specific and limited tectmical tasks to private professionals to allow staff to focus on entitlement, processing and policy issues. 2. Avoid permanent overstaffing in response to current peak workload levels. With overstaffing, layoffs would be likely should construction activities slow at some point in the future. Staff recommends that a consultant, providing a team of engineers and landscape architects, be retained to address the peak workload, eliminating the need for overstaffing and still meet reasonable plan check review time frames. 3. Reduce staff dependence on overtime to complete their projects and reduce overtime expenditures to a manageable level. Present staff is working extensive overtime in an attempt to accommodate the peak workload and meet the "standard" turnaround times. 4. Improve overall work efficiency during the entitlement process by focusing stafl?s time on "big picture" items, processing, coordinating between departments and addressing management and policy issues. The more routine plan check items can be successfully delegated to a consultant with oversight by City staff. In most cases it is not practical for engineering or landscape architect consultants to provide assistance at the "front end" of projects (i.e. the review of SPA Plans, Tentative Maps, etc.) due to the major policy level decisions that need to be made. There is, however, benefit to having consultants provide services on the technical oriented "back end" of projects (i.e. review of grading plans, improvement plans, landscape improvement plans, and final maps). However, project management will remain the responsibility of the City. 5. Provide assurance that the City can respond should the construction market continue to grow. The contract provides the City with the option, but not the obligation, to delegate some of the technical review to a consultant. No revie~v work will be allocated to these consultants should development activities decline due to economic forces or other issues. Staff anticipates that the workload will continue to increase based on the development community's approved projects. 6. Provide an additional resource to comply with the Subdivision Map Act requirement of acting on Improvement plans within certain time limits. Additionally, the tight job market has compounded the workload as not all budgeted positions have been filled. There are five engineering positions and one landscape architecture position currently open. (Human Resource staff is diligently pursuing the filling of the vacant positions.) Staff recommends that the consultant(s) be brought under contract and then used if the need arises to relieve staff of overtime and to meet "standard" work deadlines. Use of the consultant would be determined on a case by case basis by management of the two departments. The Page 3, Item__ Meeting Date 4/10/01 consultant services would not be utilized to expedite plan reviews nor be used as a substitute for staff, unless so directed by Council. Request for Proposal for Consultant Services Staff advertised for Request for Proposals for Engineering and Landscape Architecture Plan Check Services. Seven firms submitted proposals and a staff selection committee interviewed the four most qualified firms. Based on the submittal materials and interviews a contract is being negotiated with the highest ranked firm of Powell/PBS&J, the form of which is attached to this report. The selection committee ranked the top four firms as follows: 1. PoweWPBS&J (with Environs for landscape architect services) 2. Berryman & Henigar (with Nowell and Associates for landscape architect services) 3. P&D Consultants (P&D has in-house staff for landscape architect services) 4. Dudek & Associates, Inc. (with Environs for landscape architect services) Staff recommends that the City Manager be authorized to enter into contracts with any one of these four qualified firms on an as-needed basis. Doing so will enable the City Manager to enter into a contract with next best-ranked firms providing a seamless transition from one consultant to the next should there be staffing or performance issues with the first-ranked firm. It would also allow the City Manager to utilize more than one firm if peak workloads warrant it. The contract term is for one year subject to renewal at the City Manager's discretion, upon written request by the City Engineer for two (2) one-year extensions (3 years total). Action The resolution approves the contract in substantially the form attached with Powell/PBS&J and authorizes the City Manager to execute the agreement and extensions in a final form as approved by the City Attorney. It also authorizes the City Manager to execute agreements with any one of the other three firms in a form as approved by the City Attorney and substantially the same as the PoweI1/PBS&J agreement. The total compensation shall not exceed $500,000 in any one year for all firms combined (a maximum of $1,500,000 for 3 years combined). The contract is based on an hourly rate. The development community supports staff's recommendation. The resolution further approves mid-year appropriations totalling $100,000 to the Department of Public Works and the Department of Parks and Recreation current year's operating budgets. FISCAL IMPACT: The costs of the contract will ultimately be borne by the development community via developer deposits and development staffing agreements. These accounts will reimburse the General Fund for all expenses incurred. Attachment: Two party agreement between the City of Chula Vista and Powell/PBSJ for Engineering and Landscape Architect Plan Check Services DDS-4/5/01 2:14:41 PM lt:\l IOME\ENGINEER\AGENDA\RFPpowclIr doc RESOLUTION NO. 2001- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FORM OF A TWO PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND VARIOUS CONSULTANTS FOR ENGINEERING AND LANDSCAPE PLAN CHECK SERVICES, AMENDING THE DEPARTMENT OF PUBLIC WORKS AND DEPARTMENT OF PARKS AND RECREATION BUDGETS BY APPROPRIATING $75,000 AND $25,000 RESPECTIVELY BASED ON UNANTICIPATED REVENUES FROM DEVELOPER REIMBURSEMENTS, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT(S) WHEREAS, the subject agreement will provide the City with the ability to respond to the on-going plan check work while maintaining a delicate balance between the quality of review, overall project processing time and permanent staffing level; and WHEREAS, no agreement with any of the four firms listed below shall extend beyond April 30, 2004; and WHEREAS, staff advertised for Request for Proposals for Engineering and Landscape Architecture Plan Check Services with seven firms submitting proposals; and WHEREAS, the selection committee ranked the top four firms as follows: 1. PoweI1/PBS&J 2. Berryman & Henigar 3. P&D Consultants 4. Dudek & Associates, Inc. WHEREAS, based on the submitted materials and interviews, a contract is being negotiated with the highest ranked firm of Powell/PBS&J. NOW, THEREFORE, BE IT RESOLVED, the City Manager is authorized to: (1) execute one-year agreements with any one of the firms in the form substantially the same as the agreement being negotiated with PoweI1/PBS&J subject to approval by the City Attorney (2) renew the agreements for two (2) one-year extensions, through April 30, 2004 and (3) negotiate the agreements for a total compensation, from Developers' deposits and staffing agreements, not to exceed $500,000 in any one year for all firms combined (a maximum of $1,500,000 for services through April 30, 2004); and BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby approve a two party agreement in substantially the form as attached between the City of Chula Vista and various consultants for engineer/rig and landscape plan check services, and authorize the City Manager to execute said agreements in a final form as approved by the City Attorney. BE IT FURTHER RESOLVED that the Department of Public Works (Engineering Division) and Department of Parks and Recreation (Landscape Architecture Division) budgets are hereby amended by appropriating $75,000 and $25,000 respectively based on unanticipated revenues from developer reimbursements. Presented by Approved as to form by z---"~// 2'/ 74' .//,r ~ ~_/,-~- John P. Lippitt John M( ~'6~r~ - ~' Director of Public Works City Attorney H:\Home\Attomey\Rs\Powell Co~]sultant lbrm COUNCIL AGENDA STATEMENT Item Meeting Date 4/10/01 ITEM TITLE: Resolntion Authorizing the EastLak¢ Company to construct and receive Transportation Development Impact Fee credit or reimbursement for Olympic Parkway improvements between Hunte Parkway and the Olympic Training Center and Hunte Parkway between Olympic Parkway and South Greensview Drive/Oak Springs Drive and authorizing the Public Works Director to sign the agreement with the EastLake Company modifying the requirement of the Municipal Code SUBMITTED BY: Director of Public Works ~ REVIEWED BY: City Manager ~{~ ¢' (4/Sths Vote: Yes No X ) The City Engineer received a letter dated November 16, 2000 requesting reimbursement for the construction of a portion of Olympic Parkway and Hunte Parkway, which are included in the City's Transportation Development Impact Fee (TDIF) program. Council previously authorized grading and construction of wet utilities for these roadway segments through Resolution 19292 adopted on December 8, 1998. RECOMMENDATION: That the City Council adopt the resolution authorizing the EastLake Company's construction of Olympic Parkway and Hunte Parkway, initiating credit or reimbursement proceedings in accordance with the TDIF ordinance and authorizing the Public Works Director to sign the agreement modifying the requirement of the Municipal Code for three bids. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: On November 16, 2000, Bill McKibbin, Assistant Project Manager for the EastLake Company, sent a letter (Attaclunent "A") requesting reimbursement for the construction of Olympic Parkway (between Hunte Parkway and the Olympic Training Center) and for Hunte Parkway (between Olympic Parkway and South Greensview Drive/ Oak Springs Drive). These street segments are respectively identified as Project No. 29 and No. 2la on the City's Transportation Development Impact Fee Capital Improvement Program (TD1F CIP) list included in the Eastem Area TDIF report revision dated October 25, 1999 (Attachment "B"). The EastLake Company previously requested authorization for grading and construction of wet utilities in April 1998. Based on the contracts entered into by EastLake, the TDIF reimbursable amount was estimated to be $1,107,532.35 for this portion of the work. On December 8, 1998 Resolution 19292 was adopted, which authorized construction of these improvements and initiated TDIF credit proceedings. Page 2, Item Meeting Date 4/10/01 The EastLake Company acted as the General Contractor for this project and contracted out the construction work to nine different firms. In order to simplify the approval process, City staff suggested to EastLake that this project be authorized in two parts; the first part including grading and wet utilities and the second part including all other construction contracts. Therefore, all contracts needed to be awarded prior to the second submittal for authorization. Most of the landscaping contracts were awarded after the completion of other construction work. Eastlake, therefore, decided to submit a request for reimbursement, along with invoices and receipts, after the completion of all work on Olympic Parkway and Hunte Parkway. Under TDIF Ordinance #2802, a developer may request reimbursement or credit for the construction of facilities identified in the TDIF project list. The total cost estimate for constructing Project No. 29, Olympic Parkway fi.om Hunte Parkway to the Olympic Training Center, is $3,514,400. The total cost estimate for constructing Project No. 21 a, Hunte Parkway fi.om South Greensview Drive, is $591,024. The combined total for both these projects is $4,105,424. EastLake ~twarded contracts for Olympic Parkway and Hunte Parkway together. The contract amounts for TDIF reimbursable categories are as follows: CATEGORY CONTRACTOR TOTAL AMOUNT Paving SRM Contracting $ 786,178.29 Dry Utilities Schilling Corporation 66,080.00 Landscaping: Medians and TruGreen Landcare 798,103.00 Parkways Slope Landscaping TruGreen Landcare 43,215.00 Landscape Drainage Valley Crest 69,990.00 Landscape Fencing Golden State Fence Co. 30,875.00 Concrete H & D Construction 343,198.50 TOTAL $ 2,137,639.79 Combined with the previous estimated TDIF reimbursable amount of $1,107,532.35 for grading and wet utilities, this totals $3,243,172.14. This amount is covered by the budget for Projects 2la and 29 in the TDIF program. It is anticipated that most of thc major projects listed in the TDi~ ordinances and reports will be constructed by developers and that developers will earn credits against future fees at the building permit stage. Should the credits from future projects not be enough to offset the developers' fi.ont end expense for a particular project, the City will reimburse additional monies to the developers at the time that the City feels there are adequate funds to do so and if reimbursement will not delay needed future projects. The TDIF Ordinance provides a procedure for issuance of credits or tender of reimbursement to developers. According to Section 3.54.040 of the Chula Vista Municipal Code, the developer, upon approval of the estimated cost of a project by the Director.of Public Works and receipt of valid bids Page 3, Item Meeting Date 4/10/01 which have been approved by the Director of Public Works, shall be entitled to credit for 75 percent of construction attributable to the Transportation Facility Project. These credits will be applied to the developer's obligation to pay fees for building permits issued. The EastLake Company has complied with the procedural requirements of the TDIF ordinance for credit at the 75 percent level. Per the ordinance a description and cost estimate of the improvements along with other information and statements are required to be submitted to the City. The following information is provided in accordance with the TDIF ordinances and Directives and Procedures for TDIF Reimbursement/Credit Process: 1. The letter dated November 16, 2000 requesting reimbursement for construction of roadway facilities identified in the City's TDIF CI]? list (included as Attachments "A" and "B"). 2. The C1P project descriptions are included as Attachment "B". Construction bid summaries, along with copies of the actual bid proposals, were provided for each category of work. 3. The EastLake Company has prepared and submitted grading and improvement plans to the City for both Olympic Parkway and Hunte Parkway. Grading, improvement, and landscape/ irrigation plans have been approved by the City for both projects. Most of the construction work has been completed. 4. Easements and rights-of way for the project have all been obtained as required by the Director of Public Works. All necessary permits and environmental clearances necessary for construction of the project have been obtained as required by the Director of Public Works. All necessary permits and environmental clearances have been obtained by the EastLake Company. The EastLake Company has also paid all required permit and plan check fees and posted any security which is necessary for the project. 5. The TDIF Ordinances require a developer to secure at least three qualified bids for the work to be done and to award the contract to the lowest bidder. EastLake has complied with this requirement for the contracts for Paving, Landscaping, Landscape Drainage, Fencing and Concrete. Copies of all bids and contracts have been submitted to the City. On the Concrete contract, the actual contractual amount was higher than the bid due to an additional concrete sidewalk that was included in the project after the bids were obtained. H & D Construction would probably have been the lowest bidder with inclusion of the additional work. For the Dry Utilities contract, EastLake solicited bids from the three firms recommended by their utility design consultant. However, only one of these firms, Schilling Corporation, submitted a bid (Attachment "C"). The TDIF reimbursable portion of the bid, which included $66,080 for street lights and interconnect, is lower than the $85,400 estimated by BUCG, EastLake's dry utility consultant (Attachment "D"). Section 3.54.040(D) of the Municipal Code states that the requirements of Section 3.54.040(C) (which include the three bid stipulation) can be modified through an agreement entered into with the developer. This agreement is inchided as Attachment "E". City staff recommends that the Director of Public Page 4, Item Meeting Date 4/10/01 Works be authorized to sign this agreement, which modifies the three bid requirement for this project only, due to the relatively small amount of the contract. Additionally, this contract was signed in April 1999, at which time EastLake felt that soliciting three bids would satisfy the City's contracting requirements. EastLake has been advised that it is not sufficient to merely solicit three bids to qualify for TDIF reimbursement, and that TDIF reimbursement requests with fewer than three bids may not be accepted in the future. When all work has been completed to the satisfaction of the City, the EastLake Company shall submit verification of payments made for construction of the project to the City. Reimbursement for design costs will also be considered at this time. The Director of Public Works will make the final determination on expenditures which are eligible for credit or reimbursement. The EastLake Company will receive credit against required Transportation Development Impact Fees at the time of issuance of building permits. FISCAL IMPACT: None to the City. The EastLake Company has advanced all necessary funds to construct the project and will receive credit in accordance with Ordinance #2802. The EastLake Company will be eligible to receive up to an additional $1,603,229.84 in credit at this time. The actual amount of total credit will be determined by the Director of Public Works and be based on actual final costs. Under the TDIF Ordinance, reimbursement will only be disbursed when the City determines that sufficient funds are available. The developer will pay City staff costs for administration of the TDIF program. Attachments: A. Letter dated November 16, 2000 from Bill McKibbin, Assistant Project Manager for the EastLake Company B. Diagram showing TDIIe Project Nos. 2la and 20 C. Responses from Schilling Corporation, Southern Contracting Co. and Pacifica Contracting regarding Dry Utilities bid solicitation D. Dry Utilities Cost estimate by BUCG E. Agreement between the City and the EastLake Company H:~HOMEXENGIN EERXAGENDA\OLYMPKWY DIF.EMC.DOC File #0725-30-HX064 Now~*'~ 16, 2000 Mr. C~f Swanson/City Subject: Oldie P~kway Rc~s~t De~ C~, Please ~ow flxis leper to se~e ~ o~ fom~ req~ for ~b~nt ~ ~ c~fion of Ot~ic P~k~ay ~d ~e sou~ ~st po~on ofH~ P~y. no~ complete& It is my understanding ~at the po~on ofHunm P~y ~om station 73+60 to Ol~plc Par~ay is m be iuctuded ~ ~e Oldie Par~ay D~ Fac~. Enclosefl please ~d ~e foQo~g do~en~ far ~ ~c~cw ~ ~blis~g re~b~sement. Book 1: Cost ~g Landscape: P~kways Book 2: · Lan~cap~g: SI~e L~g Lan~eap~g: D~gc L~&~c~mg: Mifi~fion F~c~g · S~cc~: Concrcle Book 3: - ~ O~des Book 4: We~ U~i~es: S~orm Dta~ ~e ~s ~ ad~ ~o~o~ ~ ~ nee~e~ for Te~u~se~I please eo~et ~e at (~19) 42~ 127. ~iB M~bb~ CHULA VISTA D.I.F. EXHIBIT FACILITY NO. 2la PROJECT DESCRIPTION: ,HUNTS PAP, KWA Y FRO~ SOUR" SREENSVIEW DP`WE TO OL ~PIC PARKWA SB'j I . TYPE "G' CURB · GUTTER / p~ ~j ~ 6' ~E "G" CURB 4- LANE MAJOR NO SCALE ESTIMATED CONSTRUCTION COST: SURFACE IMPROVEMENTS $591,024 CONTINGENCY (15%) $88,654 DESIGN (6%) $35,461 INSPECTION / ADMIN (6%) $35,461 D,t F. ADMINISTRATION (2%) $11,820 TOTAL $762,421 I437x~lA,d~9 31799 115608 CHULA VISTA D.I.F. EXHIBIT FACILITY NO. 29 P~R0 JECT DESCRIPTION: OLYMPIC PARKWAY FROM HUNTE PARKWAY TO OLYMPIC TR.AININ~ CENTER. CONSTRUCT 4 LANE MAJOR ARTERIAL ROAD OLY~~ 100' 50' ~.~ 50' ~ 32' 8' i 8' 32' 4' P. C C S/D£YIALK 12 12 4' P.C.C~ SIDEWALK $' T~PE "G' CURB ~ ~R / LP~KINo ~ PARKING ~ ~ ~ ~E "g' ~RB ~_~ BIKE LANE BIKE 4- LANE MAJOR ESTIMATED CONSTRUCTION COST: SURFACE IMPROVEMENTS $3,514,400 CONTINGENCY (15%) $527,160 DESIGN (6%) $210,864 INSPECTION / ADMIN. (6%) $210,864 PROJECT MANAGEMENT (2%) $70,288 TOTAL $4,533,576 BIDDER INFORMATION The bidder shall furnish the following information. Failure to comply with this requirement will render the proposal informal mad may cause its rejection. Additional sheets may be attached if necessary. (1) SCHILLING CORPORATION Bidders Full Name (2) P.O. BOX 719002, SUITE 518, SANTEE, CA 92072-9002 Address (619) 448-5392 Telephone Number (3) Type of Firm: Individual Parmership__ Corporation x (4) Contractors License: Primary Class A License No. 4 s s 1 5 3 Supplemental Classifications Held if may: (5) Names and Title of All Signatory Members of the Firm: TOM SCHILLING PRESIDENT WILMA SCHILLING SECRETARY/TREASURER (6) Number of Years as a Contractor in this type of Construction: 15 (7) List Three (3) Projects of This Type mad Complexity Recently Constructed by Bidder: Contract Amount: 164,939.00 Date Completed: March 1999 TypeofProject: UnderGround Utility Insta]~t~ - Dry OwnersNgJne~ OTAY PROJECTi LLC Address: 350 w. Ash Street, Ste 730, 'San Diego CA 92101 ContractAmourlt~ 143,724.00 Date Completed: Still in progress TypeofProject: Underground Utility Installation - Dry OwnersName: MIRAMAR RANCH NORTH Address: 2727 Hoover Avenue, National city, CA 91950 Contlzot~IBount: 418,020.00 DateCompl~ed: February 1999 TypeofProject: Underqround Utility Installation - Dry Owners Name: FIELDSTONE COMMUNI TI ESr INC: Address: 5465 Morehouse Dr., Ste 250, San Diego, CA 92121 (8) Person who Inspected Site of the Proposed Work for Your Firm: Name: TOM SCHILLING Date of ~qsp~on[ April 08, 1999 (9) Person Who W'dl be h~ Charge of the Proposed Work for Your Fkm: Name: TOM SCHILLING Title: PRESIDENT (10) Person(s) Who W'fll be Authorized to Sign Change Orders for Your Fh-m: TOM SCHILLING WILMA SCHILLING Signature S~gnamre TOM SCHILLING WILMA SCHILLING Print or Type Name Print or Type Name PRESIDENT SECRETARY/TREASURER Title Title Dated: April 14, 1999 Dated: April 14, 1999 - SCItEDULE OF PRICES 1 JointTrench:,Gas, Electric, 1 L.S. Telco, and Cox Cable 163,433.00 2 Street Light Interconnect I L.S. 2" conduit with 3" at crossin[I 12,500.00 3 Street Light Installation 1 L.S. 53 , 580. 00 4 Concrete Products 1 L.S. 27,737.00 5 Import Fill Sand 1 L.S. 12,750.00 GRAND TOTAL 270,000.00 NOTE: Light Breakdwon for Item 93 is as follows: 1) Hunte Parkway (1) Single 250 Watt HPS Street Light (t) Double 250 Watt HPS Street Light $47,465. 2) Olympic Parkway - (3) Single 250 Watt HPS Street Lights ~ (12) Double 250 Watt HPS Street Lights $ 6, 1t5. Excludes all Traffic Signal Poles - TOTAL $53,580. 5 ~ P.O. Box 445 · S~n Marc~CA92079-0~5 · Tet. 760-744-0760 · FAX 7S0-7~4-6475 WEB SITE: ~w. SouthernconLr~c[ing.cc~ MAY ~0, 19~9 Email:SccS~aol.cc~rn MS. SHELLY DIXON THE EASTLAKE COMPANY, LLC 900 LANE AVENT/E, SUITE 100 CHULA VISTA CA 91914 REFERENCE: OLYMPIC PARKWAY, DRY UTILITIES, STREET LIGHTS. DUE TO THE CURRENT NON-AVAILABILITY OF THE PROPER PERSOI~NEL ~ EQUIPMENT FOR WORK OF THIS SPECIFIC NATURE DURING T~.IS TIME SPAN SOUTHERN CONTRACTING COMPANY WILL NOT BE SI~MIT- TiNG A BID FOR TEE ABOVE REFERENCED PROJECT. WE APPRECIATE THE OPPORTUNITY TO BiD THIS WORK AND LOOK FOR- WARD TO SUBMITTING PROPOSALS ON FUTI/R_E PROJECTS. SKOULD YOU I~iAVE AI~ QUESTIONS OR DESIRE FURTHER INFORMATION, PLEASE CONTACT THE UlX~DERSIGNED. I~ERE~Y, %NTRACTING COMPANY. STEVE FISHER, PROJECT MANAGER PRELIMINARY COST ESTIMATE EASTLAKE DEVELOPMENT COMPANY EAST ORANGE AVENUE ; ........ SEPTEMBER 23, 1998 POTENTIAL ITEM QUANTITY UNIT COST REFUND I- UTILITY ADVANCES* I. SDG&E Electric 4740 LF 65.00 $308,100 $ 2. Less 50% Discount Option <154,050> 3. SDG&E Gas 5100 LF 15.00 76,500 70,500 4. SDG&E ITCC 5100 LF 5.00 25,500 5. SDG&E Pole Relocation 2 EA 5500 11,000 SUBTOTAL UTILITY ADVANCES $267,050 $ 70,500 Il. CONTRACTOR COSTS 1. Trench 5100 LF 5.50 $ 28,050 $ 2. Encasement 4740 LF 5.50 26,070 3. Conduit a. 4-5" E 4740 LF 9.20 43,608 b. 2-5" E 1740 LF 4.60 8,004 c. 1-4" E 2550 LF 2.20 5,610 d. 4-4" T 4740 LF 8.00 41,712 15,200 e. 2-4" T 1740 LF 4.40 7,656 2,800 4. Substructures a. 3316 E 4 EA 6,500 26,000 b. 342l E 3 EA 500 1,500 c. 3312 E 4 EA 600 2,400 d. 5' x 10'6" T 4 EA 5,500 22,000 2,000 SUBTOTAL CONI'RACTOR COSTS $ 212,610 $ 20,000 III. STREET LIGHTS t. Single Ann 13 EA 2,800 $ 36,400 2. Double Arm 14 EA 3,500 49,000 SUBTOTAL STREET LIGHTS $ 85,400 $ - TOTAL $ 565,060 $ 90,500 NET TOTAL $ 474,560 Cost includes 37% Income Tax Component Charges " AGREEMENT Between THE CITY OF CHULA VISTA AND THE EASTLAKE COMPANY, LLC For OLYMP1C PARKWAY REEMBURSEMENT For MODIFICATION TO TDIF ORDiNANCE THREE BD REQUIREMENT This agreement is entered into as of this day of ,2001, by and between the City of Chula Vista (hereinafter referred to as "the City"), and The EastLake Company, LLC (hereinafter referred to as "the Developer"), in view of the following facts and for the following purposes: Whereas. the Developer was unable to receive the required three bids for the Dry Utilities installation in Olympic Parkway ("Project") per the City's Transportation Development Impact Fee Ordinance ("TDIF"), due to an unprecedented number of development projects under construction at that time. Dry Utility Bid Packages were sent out to Schilling Corporation, Pacifica Contracting, and Southern Contracting. Where as the Developer received a bid back from the Schilling Corporation both Pacifica and Southern Contracting sent back letters of decline. Where as the Developer was informed by Devenco Incorporated. their utility consultant, that Schilling Corporation, Pacifica Contracting, and Southern Contracting would be the only three contractors available to perform this size and type of work; and Whereas. the Developer is well aware that this was a unique situation and would appreciate it if the City allow an exception to the Transportation Development Impact Fee Ordinance under these circumstances. In addition, the bid received was in substantial conformance with other bids received for similar work on other projects contracted at the same time; Therefore. the parties a~ee as follows: 1. As to the project and for no other purposes, for the reasons set forth above, the City's Mumcipal Code Section 3.54.040 requirement for three bids is hereby modified and Schilling Corporation's estimate plus Devenco's Engineering cost estimate, are deemed sufficient for TDIF credit. 2. The Developer ac ~knowledges and agrees that it is not entitled to submit only one bid on future TDIF projects on the basis of this agreement. In Witness thereof, this Agreement is executed by the City and by the Developer as of the date frrst above written. By John Lippitt, Director of Public Works City of Chula Vista By Guy Asaro, Vice President The EastLake Company, LLC RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE EASTLAKE COMPANY TO CONSTRUCT AND RECEIVE TRANSPORTATION DEVELOPMENT IMPACT FEE CREDIT OR REIMBURSEMENT FOR OLYMPIC PARKWAY IMPROVEMENTS BETWEEN HUNTE PARKWAY AIqD THE OLYMPIC TRAINING CENTER AND HUNTE PARKWAY BETWEEN OLYMPIC PARKWAY AND SOUTH GREENSVIEW DRIVE/OAK SPRINGS DRIVE AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO SIGN THE AGREEMENT WITH THE EASTLAKE COMPANY MODIFYING THE REQUIREMENT OF THE MUNICIPAL CODE WHEREAS, the City Engineer received a letter dated November 16, 2000 from the Eastlake Company requesting reimbursement for the construction of a portion of Olympic Parkway and Hunte Parkway, which are included in the City's Transportation Development Impact Fee (TDIF) program and WHEREAS, Council previously authorized grading and construction of wet utilities for these roadway segments through Resolution 19292 adopted on December 8, 1998; and WHEREAS, the TDIF Ordinance provides a procedure for issuance of credits or tender of reimbursement to developers; and WHEREAS, according to Section 3.54.040 of the Chula Vista Municipal Code, the developer, upon approval of the estimated cost of a project by the Director of Public Works and receipt of valid bids, shall be entitled to credit for 75 percent of construction attributable to the TDIF Project and these credits will be applied to the developer's obligation to pay fees for building permits issued NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby authorize the EastLake Company to construct and receive Transportation Development Impact Fee creditor reimbursement for Olympic Parkway improvements between Hunte Parkway and the Olympic Training Center and Hunte Parkway between Olympic Parkway and South Greensview Drive/Oak Springs Drive. BE IT FURTHER RESOLVED that the Public Works Director is hereby authorized to sign the agreement with the EastLake Company modifying the requirement of the Municipal Code. Presented by Approved as to form by John P. Lippitt, Director of John-~. K~i~eny, ney Public Works H:\home\attorney\reso~EL TDIF Credit COUNCIL AGENDA STATEMENT Item Meeting Date 04/10/01 ITEM TITLE: Resolution Approving a new CIP project, Traffic Signal Installation at Main Street and Maxwell Road (TF-292), and Transferring existing appropriations in the amount of $125,000 fi:om the Chula Vista Corporation yard Project (G_G:i 7 to the new project therefore. SUBMITTED BY: DirectorofPublic Works~q~ REVIEW BY: City Manager 6~9~/ (4/Sths Vote: Yes X No ) On September 15, 1998, the City Council, By Resolution 19169, approved an agreement with SDG&E to purchase their property located at 1800 Maxwell Road for the purpose of constructing the City's new corporation yard. City staff determined that it would be necessary to install a traffic signal at the intersection of Main street and Maxwell Road in conjunction with the corporation yard project in order to assign the proper right-of way and maintain safety. Approval of this resolution will allow for the timely installation of the traffic signal. RECOMMENDATION: That Council Approve a new CIP project, Traffic Signal Installation at the Intersection of Main Street and Maxwell Road (TF-292), and Transferring existing appropriations in the amount of $125,000 fi:om the Chula Vista Corporation Yard Project (GG- 131) to the new CIP project in order to install the traffic signal. BOARDS/COMMISSION: Not Applicable DISCUSSION: The intersection of Main Street and Maxwell Road is a T-intersection. Maxwell Road, which ~unctions as an industrial roadway, has an existing average daily traffic (ADT) of 1677 (year 2000 counts) and a posted speed limit of 35 mph. It is the only access to both the Otay Land Fill, which is located within the most northerly parcel offof Maxwell Road, and the new corporation yard, which will generate additional 1176 daily trips. Main Street, the major roadway, is classified as a six-lane major street. It has approximately 16,000 ADT, an 85%tile speed of 53 mph and a posted speed of 45 mph. It serves as the main access to several significant attractions including the Coors Amphitheater, the water park, the Otay land fill, several auto recycling businesses and the new corporation yard. The latest SANDAG transportation forecast modeling shows that Main Street will accommodate 59,000 ADT at build-out conditions. Page 2, Item __ Meeting Date 04/10/01 The new corporation yard will increase the existing traffic volume of 1677 vehicle trips per day to 2853 trips per day, a 70% total increase. The Caltrans-based warrant study, which was performed on November 22, 2000, revealed that the intersection met six (6) of eleven (11) warrants, where a minimum of three (3) warrants are needed to justify a traffic signal installation. As a result, the intersection collected a total of 50 points, and ranked number three (3) on the 2001 Traffic Signal Evaluation List, which consisted of fifteen (15) studied intersections. As mentioned above, the new corporation yard will cause the subject intersection to experience an increase in the percentages of heavy, slow moving vehicles. Those vehicles are less maneuverable and provide for less acceleration and deceleration responses than the typical passenger vehicles. This, coupled with the fact that the 85% tile speed on Main Street is 53 mph, makes it evident that a traffic signal is needed to maintain traffic safety and to assign right-of- way for approaching vehicles and pedestrians. Private developers proposing similar projects would have paid a significant amount of Traffic Signal and DIF fees, or otherwise would be required to install a project-related traffic signal at their own expense. The use of the Corporation Yard Project fund for the purpose of installing the traffic signal is appropriate, since the City did not pay any Traffic Signal or D1F fees. The new traffic signal will be equipped with L.E.D. traffic signal indications as well as L.E.D. pedestrian module indications for lower power consumption. It will be interconnected and coordinated with the traffic signal at the intersection of Main Street and Nirvana Avenue as well as future traffic signals to the West. A back-up power supply will be included with this package to keep the traffic signal in full operation during medium (6 hours or less) power outages. Video detection will also be included in the design of the traffic signal to eliminate future loop replacement as a result of pavement failure. FISCAL IMPACT: The cost of the traffic signal is estimated at $125,000, taking into account that standards and underground conduit are already in-place. There are enough fund appropriations to the Corporation Yard Project contingency fund in order to cover related unanticipated items of work, including the traffic signal installation. Operation and maintenance costs are estimated to be $3,500 per year. Attachments: Area plat for the intersection of Main Street and Maxwell Road Cost estimate to install the traffic signal Prepared By: Majed A1-Ghafry H :\HOM E~ENGIN E ER~AG E N DAWiainMaxwelI.DOC San Diego County Land Fill New Corporarte Yard Created By: Dennis M, Wolfe AREA PLAT Date Created: March 27, 2001 PROJECT: TIL&FFIC SIGNAL INSTALLATION AT MAIN STREET .&ND MAXWELL ROAD (TF NEV~:) FOR FY 01/02 Sheet of FIGURES CHECKED BY Check that all signatures are affixed __ Check D'pe and amount of bond Addendams to be anknowleged ENGINEER'S ESTIMATE NO. I ITEM QTY UNIT UNITCOST TOTAL I Furnish and Install Traffic Signal 170E Controller 1 EA $ 18,000.00 $ 18,000,00 and 332 Cabinet. Install New Foundation, Pad, etc... 2 I Fumish and Install SDG&E Approved Meter Pedestal 1 EA $ 2,500.00 $ 2~500,00 3'lFumish and Install Type lA Traffic Signal Standard 1 EA $ 750.00 $ 750.00 Furnish & Install (50') Signal Mast Arm on * EA $ '1,200.00 $ 2,400.00 4 Ex sting 29-5-70 Traffic Signa Standard - q Furnished & Install (35') Signal Mast Arm on - [Existing 24-4-70 Traffic Signal Standard I EA $ '1,000.00 5; 1,000.00 6 I Farnish and Install Video Detection Cameras I 3 EA $ 6,000.00 $ 18,000.00 7 I Fumish and Install 3-Lens Vehicular Indication I 12 EA $ 600.00 $ 7,200.00 8 IFurnish and Install Pedestrian Indication i 4 EA S 450.00 $ 1,800.00 9 tFumish and Install ADA Pedestrian Pushbutton w/sign 4 EA $ 200.00 $ 800.00 t0 IWireintersection 1 LS $ 6,000.00 $ 6,000.00 11 Furnish and Install I.I.S.N,S. ! 3 EA ! $ 750.00 $ 2.250.00 12 Install City-Furnished E.V.P.E System I 1 LS $ 500.00 $ 500.00 Furnish and Install Signs (Per Plan) 13 and Pedestrian Barricades~ 1 LS $ 1,000.00 $ 1,000.00 14 [Traffic Control [ I LS $ 1.000.00 $ 1.000.00 15 Removal, Disposal. and Protection of Exist ng Improvements 1 LS $1,000.00 $ 1,000.00 TOTAL [ $ 64.200.00 5% PPdCE DIFFERENTIAL $ 3.210.00 SUB-TOTAL [ $ 67,410.00 15% CONTINGENCY $ I0.114.50 TOTAL CONSTRUCTION COST ! $ 77,500.00 CITY FURNISHED E.V.P.E. SYSTEM I $ 7,200.00 DESIGN $ 15,000.00 INSPECTION $ 1~,000.00 GENEIL~L ADMINISTRATION I $ 5,000.00 TOT.aL PROJECT COST H:FFiOME/ENGINEER/TRA_FFIC/ENGINEERING COST ESTIMaTE/COST EST MAIN AND MAX'C, rELL.xls RESOLUTION NO. 2001- RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF CHULA VISTA APPROVING A NEW CIP PROJECT, TRAFFIC SIGNAL INSTALLATION AT MAIN STREET AND MAXWELL ROAD (TF-292), AND TRANSFERRING EXISTING APPROPRIATIONS OF $125,000 FROM THE CHULA VISTA CORPORATION YARD (GG-131) TO THE NEW PROJECT THEREFOR WHEREAS, on September 15, 1998, the City Council, by Resolution 19169, approved an agreement with SDG&E to purchase their property located at 1800 Maxwell Road for the purpose of constructing the City's new corporation yard; and WHEREAS, City staff determined that it would be necessary to install a traffic signal at the intersection of Main street and Maxwell Road in conjunction with the corporation yard project in order to assign the proper right-of way and maintain safety; and WHEREAS, approval of this resolution will allow for the timely installation of the traffic signal. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve a new CIP Project, Traffic Signal Installation at Main Street m~d Maxwell Road (TF-292), and transferring existing appropriations in the amount of $125,000 from the Chula Vista Corporation Yard (GG-13 I) to the new project therefore. Presented by Approved as to form by John P. Lippitt ~At oKrnaeh;ny Director of Public Works CITY COUNCIL AGENDA STATEMENT ITEM NO.: MEETING DATE: 04/10/01 ITEM TITLE: RESOLUTION APPROVING CLOSURE OF THIRD AVENUE FROM "E" STREET TO "G" STREET FOR THE CINCO DE MAYO CELEBRATION ON MAY 6, 2001, WAIVING PROHIBITION ON SIDEWALK SALES, AND WAIVING BUSINESS LICENSE TAXES FOR DOWNTOWN BUSINESS ASSOCIATION AND VENDORS PARTICIPATING IN THE EVENT RESOLUTION APPROVING CLOSURE OF THIRD AVENUE FROM "E" STREET TO "G" STREET FOR THE CHULA VISTA THIRD AVENUE LEMON FESTIVAL ON AUGUST 19, 2001, WAIVING PROHIBITION ON SIDEWALK SALES, AND WAIVING BUSINESS LICENSE TAXES FOR DOWNTOWN BUSINESS ASSOCIATION AND VENDORS PARTICIPATING IN THE EVENT RESOLUTION APPROVING CLOSURE OF THIRD AVENUE FROM "D" STREET TO "1" STREET AND "H" STREET BETWEEN SECOND AND FOURTH AVENUES, AND PORTIONS OF INTERSECTING STREETS ON DECEMBER 1, 2001 FOR THE 39TM ANNUAL STARLIGHT YULE PARADE SUBJECT TO CONDITIONS RESOLUTION APPROVING CLOSURE OF THIRD AVENUE FROM "E" STREET TO "H" STREET AND PARK WAY FROM THIRD AVENUE TO FOURTH AVENUE ON DECEMBER 8, 2001 FOR THE JINGLE BELL RUN AND WALK EVENT, SUBJECT TO CONDITIONS SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR REVIEWED BY: CITY MANAGER 4/5THS VOTE: YES BACKGROUND The Chula Vista Downtown Business Association (DBA) is requesting the closure of Third Avenue and portions of other streets for four 2001 promotional events. For administrative efficiency purposes, as last year, all street closure events are presented for Council consideration at one time. · Cinco De Mayo celebration on May 6 · Lemon Festival on August 19 · Starlight Yule Parade on December 1 · Jingle Bell Run and Walk on December 8 PAGE 2, ITEM NO.: MEETING DATE: 04/10/01 The Cinco De Mayo and Lemon Festival are annual events. To operate them, the DBA requests that Third Avenue be closed between 'E' and 'G" streets from 6 a.m. - 8 p.m. on the respective date of each event. Adivities will include live entertainment along with approximately 200 arts, crafts and food booths. The Annual Starlight Yule Parade will be held for the 39rh year. For the parade, DBA requests closing Third Avenue between "D" and '1" streets, "H' Street between Second and Fourth avenues and portions of interseding streets from 3 p.m. - 9 p.m. on Saturday, December 1. The Jingle Bell Run and Walk is a new promotional event that will benefit both the DBA and Chula Vista Cares. The proposed route of the event will be from Fourth Avenue on Park Way to Third Avenue, south on Third Avenue to "H' Street, returning northbound on Third Avenue to "E" Street, and returning to a termination point in the "bowl" at Memorial Park. For this event, DBA requests the above-mentioned streets be closed from 4:30 p.m. - 8 p.m. on Saturday, December 8. RECOMMENDATION That the City Council adopt the resolutions: a) Approving closure of Third Avenue from "E" to 'G" streets and adjacent side streets to the alleyways on May 6, 2001 subject to conditions listed in Attachment A of resolution, waiving prohibition on sidewalk sales, and waiving business license tax for the DBA and vendors taking part in the event; b) Approving the closure of Third Avenue from "E" to "G" streets and adjacent side streets to the alleyway on August 19, 2001 subject to condition listed in A~achment B of the resolution, waiving prohibition on sidewalk sales, and waiving business license taxes for the DBA and vendors taking part in the event; c} Approving the closure of Third Avenue between 'D" and '1" streets, "H" Street between Second and Fourth avenues, and other east-west streets that intersect Third Avenue between 'D' and '1" streets on Saturday, December 1, 2001 for the 39~h Annual Starlight Yule Parade subject to conditions listed in Attachment C; d) Approving the closure of Park Way between Third and Fourth avenues and Third Avenue between 'E" and 'H' streets on Saturday, December 8, 2001 for the Jingle Bell Run and Walk subject to conditions in AHachment D. BOARDS/COMMISSIONS RECOMMENDATION The Town Centre I Project Area Committee unanimously endorsed the street closures at its meeting of March 14, 2001. PAGE 3, ITEM NO.: MEETING DATE: 04/10/01 DISCUSSION May 6, 2001 - Cinco de Mayo Celebration August 19, 2001 -'Lemon Festival The DBA is requesting the following for the 2001 Cinco De Mayo and 2001 Lemon Festival 1. The closure of Third Avenue behveen "E' and "G' streets on Sunday, May 6 and Sunday, August 19, 2001 from 6 a.m.- 8 p.m.; and 2. Allowing sidewalk sales for each event; and 3. A waiver of business license taxes for the DBA and vendors taking part in each event. The closure of Third Avenue will affect the flow of traffic in the downtown area. The DBA will be required to coordinate with the City's Traffic Engineer and prepare a traffic control plan to the Traffic Engineer's specifications. The City's transit system will also be affected. The Transit Coordinator's staff has agreed to the closure as long as 'E" and "G" streets remain passable for traffic. The DBA is aware of this stipulation and will abide by it. The DBA has requested that the business license tax for promotional events be waived for festivals. The taxes involved include a $5 assessment to the sponsoring organization (DBA) and a requirement that each vendor have a Chula Vista business license (costing $12.50 to each business without a current business license). In the past, the City has waived the business license tax for the DBA and vendors taking part in the one day event in order to encourage participation. The rationale for waiving the fee is that the festivals a~tract thousands of visitors and residents to the Chula Vista downtown and promote the downtown businesses. The resulting effect will be the generation of additional commercial adivity and increased sales tax revenue to the City. Waiving the business license taxes will encourage vendor participation. Since having a large number of vendors will help ensure the success of the events, staff recommends the waiver. Both events include food booths and an alcohol tent. These areas will be operated in accordance with the regulations of the San Diego County Health Department, ABC and City Fire Department and Police Department. Additional conditions are listed in Attachment A and B of the resolution. December 1, 2001 - Starlight Yule Parade The DBA is requesting the closure of Third Avenue between "D" and '1' streets and 'H" Street between Second and Fourth avenues. The parade route will be along Third Avenue between 'E" and 'H' streets. Other areas of the closure will be used for pre-parade staging, bus parking and parade debarkation. Second and Fourth avenues will remain open to traffic at all times during the event. Chula Vista and San Diego Transit busses will continue to run during the street closure, but they will run on advertised detour routes. PAGE 4, ITEM NO.: MEETING DATE: 04/10/01 The parade is scheduled to begin at 5:30 p.m. and wil~ end no later than 9 p.m. S~reet closures will be staggered and will begin around 3 p.m. when staging for the parade begins. The DBA will be required to send notices to all businesses and residences located along the parade route. Other conditions of approval include provisions for insurance, a Hold Harmless Agreement, sanitary systems and posting of no parking signs. December 8, 2001 -Jingle Bell Run and Walk The DBA is requesting the closure of Park Way between Third and Fourth avenues and of Third Avenue between "E" and "H" streets between 4:30 - 8 p.m. to conduct the Jingle Bell Run and Walk. This event is designed to attract people to the downtown area to see the Holiday Lights and, additionally, to serve as a fund-raising event for Chula Vista Cares. A portion of entry fees will be donated to Chula Vista Cares, or entrants may receive a reduction in the entry fee for donating food items or hard goods to the charity drive. This event is in its first year and details are still being discussed. It is expected that the activities will begin at approximately 5:30 p.m. and conclude at the Memorial Park Bowl at approximately 7:30 p.m. Included events are, tentatively, a 2-mile run, a 2-mile walk, and a holiday pet walk, as well as prizes. The DBA will be required to send notices to all businesses and residences located along the event route. Other conditions of approval include provisions for insurance, a Hold Harmless Agreement, sanitary systems, proper permission from the Parks and I~ecreation Department and posting of no parking signs. FISCAL IMPACT The City will incur the administrative costs of processing this request. The DBA has requested that the business license taxes be waived for the Cinco De Mayo Celebration and the Lemon festival. The tax involved is a fee of $5 to the sponsoring organization (BDA) and a $12.50 tax for each participating vendor not currently having a Chula Vista business license. By waiving this tax, the City will forego approximately $900 in fee for each event. Costs for each event are paid by the DBA or, in some instances, shared by City Departments. Costs incurred for individual departments are itemized in their respective budgets. ATTACHMENTS Hold Harmless Agreement a} Cinco De Mayo conditions of approval b) Lemon Festival conditions of approval c) Starlight Yule Parade conditions of approval d) Jingle Bell Run and Walk conditions of approval J:\COMMDEV~STAFF.REP\04-10-01 \dbastreet closures 01 .doc COUNCIL RESOLUTION NO. RESOLUTION OF THE CI'FY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CLOSURE OF THIRD AVENUE FROM "E" ¥O "G" STREETS FOR THE CINCO DE MAYO CELEBRATION ON MAY 6, 2001, WAIVING PROHIBITION ON SIDEWALK SALES, AND WAIVING BUSINESS LICENSE TAXES FOR DOWNTOWN BUSINESS ASSOCIATION AND VENDORS PARTICIPATING IN EVENT WHEREAS, the City Council of the City of Chula Vista established a Business Improvement Area on November 16, 1971, which created the Chula Vista Downtown Business Association ("DBA"); and WHEREAS, the DBA has requested to close Third Avenue from "E" to ~G" Streets including adjacent side streets to bhe alleyway in order to conduct the Cinco De Mayo Celebration on May 6, 2001; and WHEREAS, the DBA has requested a waiver,.of the City's prohibition on sidewalk sales so that the DBA can conduct the 2001 Cinco De Mayo Celebration; and WHEREAS, the DBA has also requested a waiver of the Business License Tax for promotional events for the DBA and vendors participating in the 2001 Cinco De Mayo Celebration; and NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the closure of Third Avenue from "E" to "G" Streets on May 6, 2001, for the purpose of the DBA conducting ~e 2001 Cinco De Mayo Celebration subject to conditions listed in Attachment A, attached hereto and incorporated herein by reference, BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista approves the requested waiver of the City's prohibition on sidewalk sales so that the DBA can conduct the 2001 Cinco De Mayo Celebration. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista approves the requested waiver of the City's Business License Tax for the DBA and all vendors participating in the 2001 Cinco De Mayo Celebration on May 6, 2001. Presented by Approved es to form by Chris Salomone J o..~. Kah'~enf~'~ Director of Community Development ~/Attomey /0/4-/ ATTACHMENT A CONDITIONS OF APPROVAL FOR CHULA VISTA THIRD AVENUE ClNCO DE MAYO CELEBRATION 1. The DBA shall provide for adequate traffic and crowd control, as determined by the City's Traffic Engineer and Police Department; 2. The DBA shall provide adequate litter control during and after the event, including professional street sweeping; 3. The DBA shall notify all property owners and tenants (including businesses and residents) that will be affected by the street closure. The notification must be sent by first class mail at least seven days pdor to the event date; 4. The DBA will be responsible for measures to insure that the noise generated by the event=s activities does not reach an excessive level; the DBA will undertake the following measures in order to implement this condition: 1) DBA shall continually monitor noise levels of performing bands, stereos, and other sound-emitting devices and will make adjustments as needed; 2) A plan showing the location of the performing stages will be submitted for Community Development staff review and approval prior to the event; 3) All band performances shall be limited to the hours of 10 a.m. and 6 p.m.; 5. In order to meet the requirement of the Fire Marshall, the alleyways between "E" Street and "G" Street, east and west of Third Avenue, shall remain open and unobstructed for the purpose of fire apparatus access in the event of an emergency. The Fire Marshall has required that all food-cooking vendors have a 2A10BC-type fire extinguisher readily available in their booths; 6. In order to meet the requirements of the Fire MarShall and the Transit Division, "E" and "G" Streets must remain open to traffic; 7. The Downtown Business Association must provide, 10 days prior to the Festival, evidence of general liability insurance in the amount of $1 million, in the form of a certificate of insurance and policy endorsement satisfactory to the City, naming the City of Chula Vista and the Chula Vista Redevelopment Agency as additional insured; and 8. The Downtown Business Association must execute an agreement to hold the City harmless from any liability stemming from Festival activities in the street. 9. The Downtown Business Association shall obtain a temporary license from the ABC for the sale of beer and shall comply with all requirements set forth in the license and by the Chula Vista Police Department. 10. The location of the food and beverage tents shall be approved by the Police and Fire Department at least 30 days prior to the event. -2. COUNCIL RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CLOSURE OF THIRD AVENUE FROM "E" TO "G" STREETS FOR THE CHULA VIST THIRD AVENUE LEMON FESTIVAL ON AUGUST 19, 2001, WAIVING PROHIBITION ON SIDEWALK SALES, AND WAIVING BUSINESS LICENSE TAXES FOR DOWNTOWN BUSINESS ASSOCIATION AND VENDORS PARTICIPATING IN EVENT WHEREAS, the City Council of the City of Chula Vista established a Business Improvement Area on November 16, 1971, which created the Chula Vista Downtown Business Association ("DBA"); and WHEREAS, the DBA has requested to close Third Avenue from "E" to "G" Streets including adjacent side streets to th.e alleyway in order to conduct the 2001 Chula Vista Third Avenue Lemon Festival on August 19, 2001; and WHEREAS, the DBA has requested a waiver.of the City's prohibition on sidewalk sales so that the DBA can conduct the 2001 Chula Vista Third Avenue Lemon Festival; and WHEREAS, the DBA has also requested a waiver of the Business License Tax for promotional events for the DBA and vendors participating in the 2001 Chula Vista Third Avenue Lemon Festival; and NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the closure of Third Avenue from "E" to "G" Streets on August 19, 2001, for the purpose of the DBA conducting the 2001 Chula Vista Third Avenue Lemon Festival subject to conditions listed in Attachment B, attached hereto and incorporated herein by reference. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista approves the requested waiver of the City's prohibition on sidewalk sales so that the DBA can conduct the 2001 Chula Vista Third Avenue Lemon Festival. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista approves the requested waiver of the City's Business License Tax for the DBA and all vendors participating in the 2001 Chula Vista Third Avenue Lemon Festival on August 19, 2001. Presented by Approved as to form by Chds Salomone Johfi M. Kahenv Director of Community Development ~l;~A~orney ' C~ A]-FACHMENT B CONDITIONS OF APPROVAL FOR CHULA VISTA THIRD AVENUE LEMON FESTIVAL 1. The DBA shall provide for adequate traffic and crowd control, as determined by the City's Traffic Engineer and Police Department; 2. The DBA shall provide adequate litter control during and after the event, including professional street sweeping; 3. The DBA shall notify all property owners and tenants (including businesses and residents) that will be affected by the street closure. The notification must be sent by first class mail at least seven days prior to the event date; 4. The DBA will be responsible for measures to insure that the noise generated by the event's activities does not reach an excessive level; the DBA will,.undertake the following measures in order to implement this condition: 1) DBA shall continually monitor noise levels of performing bands, stereos, and other sound- emitting devices and will make adjustments as needed; 2) A plan showing the location of the performing stages will be submitted for Community Development staff review and approval prior to the event; 3) All band performances shall be limited to the hours of 10 a.m. and 6 p.m.; 5. In order to meet the requirement of the Fire Marshall, the alleyways between "E" Street and "G" Street, east and west of Third Avenue, shall remain open and unobstructed for the purpose of fire apparatus access in the event of an emergency. The Fire Marshall has required that all food-cooldng vendors have a 2A10BC-type fire extinguisher readily available in their booths; 6. In order to meet the requirements of the Fire Marshall and the Transit Division, "E" and "G" Streets must remain open to traffic; 7~ The Downtown Business Association must provide, 10 days pdor to the Festival, evidence of general liability insurance in the amount of $1 million, in the form of a certificate of insurance and policy endorsement satisfactory to the City, naming the City of Chula Vista and the Chula Vista Redevelopment Agency as additional insured; and 8. The Downtown Business Association must execute an agreement to hold the City harmless from any liability stemming from Festival activities in the street. 9. The Downtown Business Association must execute an agreement to hold the City harmless from any liability stemming from Festival activities in the street. 10. The location of the food and beverage tent shall be approved by the Police and Fire Department at least 30 days prior to the event. COUNCIL RESOLUTION NO. RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CLOSURE OF THIRD AVENUE FROM "D" TO "1" STREETS, "H" STREET BETWEEN SECOND AND FOURTH AVENUES AND PORTIONS OF INTERSECTING STREETS ON DECEMBER '1, 200'1 FOR THE 39TM ANNUAL STARLIGHT YULE PARADE WHEREAS, the City Council of the City of Chula Vista established a Business Improvement Area on November 16, '197'1, which created the Chula Vista Downtown Business Association ("DBA"); and WHEREAS, the DBA has requested the temporary closure of Third Avenue from "D" to "1" Streets, "H" Street from Second to Fourth Avenues, and all other east-west streets that intersect Third Avenue between "D" and "~" Streets to the nearest point of detour to Third Avenue to conduct the annual Starlight Yule Parade on December '1,200'1; and WHEREAS, the Starlight Yule Parade has been a Downtown and City tradition for 38 years and the City Council finds that the parade is a benefit to the Community; and NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the temporary closure of Third Avenue from "D" to "1" Streets, "H" Street from Second to Fourth Avenues, and all other east-west streets that intersect Third Avenue between "l" and "D" Streets to the nearest point of detour to Third Avenue to conduct the Annual Starlight Yule Parade on December '1, 200'1 subject to conditions listed in Attachment C, attached hereto and incorporated herein by reference. Presented by Approved as to form by Chds Salomone ~:::~h ~/M. Kaheny ~.. Director of Community Development /Cj,t:y'Attorney ATTACHMENT C CONDITIONS OF APPROVAL FOR STARLIGHT YULE PARADE STREET CLOSURE 1. At least 10 days before the street closure, the Downtown Business Association (DBA) shall submit to the City evidence of general liability insurance in the amount of $1 million, in the form of a certificate of insurance and policy endorsement which names the City as additional insured. 2. At least 10 days before the street closure, the DBA shall submit to the City a hold harmless agreement in a form acceptable to the City. 3. The DBA shall distribute written notification to all residences and businesses along the parade route and along other streets that will be closed to traffic, of the date(s) and duration of the event at least 10 days before street closure. 4. The DBA shall provide portable toilets along the parade route. 5. The DBA shall provide and post "No Parking" signs in a form acceptable to the City Traffic Engineer, along the parade route. Posting must take place a minimum of forty-eight (48) hours in advance of the effective time. H:~-tOME~COMMDEV~Estes~DBA\YULEPAR conditions of approvaLdoc COUNCIL RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF CHULA VISTA APPROVING CLOSURE OF THIRD AVENUE FROM 'E' TO "H" STREETS, PARK WAY BETWEEN THIRD AND FOURTH AVENUES ON DECEMBER 8, 2001 FOR THE JINGLE BELL RUN AND WALK WHEREAS, the City Council of the City of Chula Vista established a Business Improvement Area on November 16, 1971, which created the Chula Vista Downtown Business Association ("DBA"); and WHEREAS, the DBA has requested the temporary closure of Third Avenue from "E" to "H" Streets and Park Way from Third to conduct the Jingle Bell Run and Walk on December 8, 2001; and WHEREAS, the The Jingle Bell Run and Walk will benefit the Community by providing a social and recreational event and by benefiting Chula Vista Cares; and NOW, THEREFORE, BE IT RESOLVED the'~ity Council of the City of Chula Vista does hereby approve the temporary closure of Third Avenue from "E" to "H" Streets and Park Way from Third to Fourth Avenues to conduct the Jingle Bell Run and Walk on December 8, 2001 subject to conditions listed in Attachment D, attached hereto and incorporated herein by reference. Presented by Approved as to form by Chris Salomone Jo--h~ IV~'. Kaheny ~ Director of Community Development Ci~ttorney ATTACHMENT D CONDITIONS OF APPROVAL FOR JINGLE BELL RUN AND WALK 1. At least 10 days before the street closure, the Chula Vista Downtown Business Association (DBA) shall submit to the City evidence of general liability insurance in the mount of $1 million, in the form ora certificate of insurance and policy endorsement which names the City as an additional insured. 2. At least 10 days before the street closure, the DBA shall submit to the City a Hold Harmelss Agreement in a form acceptable to the City: 3. The DBA shall distribute written notification to all residences and businesses along the event route of the closure of the street, hours and date of the event at least 10 days prior to the event. 4..The DBA shall provide portable toilets at the starting and finishing point of the event. 5. The DBA shall provide and post "No Parking" signs in a form acceptable to the City Traffic Engineer along the event route. Posting must take place a minimum of 48-hours in advance of the effective date. CITY COUNCIL AGENDA STATEMENT Item No Meeting Date 4/10/01 ITEM TITLE: Resolution Waiving the consultant selection process as impractical, appointing the firm of Best, Best, & Krieger, LLP as bond counsel, the firm of Stone & Youngberg, LLC as underwriter, and the firm of Fieldman, Rolapp & Associates as financial advisor for all land-secured infrastructure financing transactions by amending their respective agreements and authorizing the Mayor to execute amendments to existing agreements with these firms. SUBMITTED BY: Deputy City Manager Powell ~(~ REVIEWED BY: City Managed~.~o~, ( 4/5ths Vote: Yes __ No X ) SUMMARY; The City currently has nine assessment districts and three community facility districts, all formed for the purpose of financing infrastructure improvements. Stone & Youngberg, Best, Best, & Krieger, and Fieldman, Rolapp & Associates are under contract with the City to serve as underwriter, bond counsel, and financial advisor respectively on all land-secured infrastructure financing transactions in the Otay Ranch territory and Sunbow I1. It is recommended that the existing agreements be amended to include all future CFD transactions. RECOMMENDATION: That Council approve the Resolution waiving the consultant selection process as impractical, appointing the firm of Best, Best, & Krieger, LLP as bond counsel, the firm of Stone & Youngberg, LLC as underwriter, and the firm of Fieldman, Rolapp & Associates as financial advisor for all land-secured infrastructure financing transactions, and authorizing the Mayor to execute amendments to existing agreements with these firms. BOARDS/COMMISSIONS RECOMMENDATIONS: None DISCUSSION: The City began utilizing infrastructure assessment districts in 1985 in order to provide long-term financing for necessary infrastructure in newly developing areas of the City. There are currently nine assessment districts and three community facility districts with outstanding debt. Trimark Pacific Homes, L.P., the developer of the San Miguel Ranch project, recently submitted a request for //- / Page 2, Item Meeting Date 4/10/01 the City to consider forming a community facilities district for the purpose of financing certain infrastructure in that project. Due to the inherent complexities in this type of financing, the City has historically utilized the same or primarily the same team of consultants. In fact, in March 1999, the Council approved contracts with these firms to participate in all future transactions of this type within the Otay Ranch territory. Had staff anticipated the need for infrastructure financing in areas outside of the Otay Ranch territory, they would have not have recommended restricting the existing contract to only that area. All three contracts are subject to termination upon thirty-day notice. Over the previous twelve month period, the following amounts have been paid to these three firms for similar work in the City: Best, Best & Krieger (previously Brown, Diven,& Hessell), $70,963, Stone & Youngberg, $437,138, Fieldman, Rolapp & Associates, $59,284. Mr. Warren Diven, with the law firm of Best, Best, & Krieger, has served as bond counsel on virtually every assessment district, including maintenance districts, and community facilities district in the City. He has unparalleled knowledge in the field of land-secured financing and obviously has extensive experience and knowledge of the City of Chula Vista. The municipal banking firm of Stone & Youngberg served as the underwriter on the 1995 assessment district refinancing. They are also under contract with the City to serve as the underwriter on all land-secured financings undertaken in the Otay Ranch territory. Their knowledge and experience in California in this arena are unsurpassed, and due to their involvement not only in the 1995 refinancing, but also on four City infrastructure borrowings since then, they have an in-depth understanding of the nuances of development in eastern Chula Vista. In addition, both of these firms were recently appointed to execute a refunding of the outstanding debt for seven existing financing districts. Fieldman, Rolapp & Associates has served commendably as the City's financial advisor on the three most recent land-secured infrastructure financings, thereby gaining valuable knowledge of the City and its development culture. They are one of the top financial advisory firms in the Western United States. FISCAL IMPACT: All costs for these contracts are either contingent upon actually selling bonds and are payable solely from the bond proceeds, or are payable from developer deposits. On an average borrowing of $10 million, the following fees would be expected under the amended contracts: Underwriting ................... $175,000 Bond Counsel ................. $ 37,500 Financial Advisor .............. $ 38,000 Page 3, Item Meeting Date 4/10/01 Staff has verified that these fees are in line with levels that the City has previously paid and also with what other jurisdictions are currently paying. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, WAIVING THE CONSULTANT SELECTION PROCESS AS IMPRACTICAL, APPOINTING THE FIRM OF BEST, BEST, & KRIEGER, LLP AS BOND COUNSEL, THE FIRM OF STONE & YOUNGBERG, LLC AS UNDERWRITER, AND THE FIRM OF FIELDMAN, ROLAPP & ASSOCIATES AS FINANCIAL ADVISOR FOR ALL LAND-SECURED INFRASTRUCTURE FINANCING TRANSACTIONS BY AMENDING THEIR RESPECTIVE AGREEMENTS AND AUTHORIZING THE MAYOR TO EXECUTE AMENDMENTS TO EXISTING AGREEMENTS WITH THESE FIRMS WHEREAS, the City of Chula Vista (the "City") has previously formed nine assessment districts and three cormnunity facilities districts for the purpose of providing long term financing of infrastructure improvements to serve the properties within such districts; and WHEREAS, due to the inherent complexity of such land secured financings, the City has historically utilized the same team of consultants to assist the City in structuring such financings and undertaking the due diligence required for such financings; and WHEREAS, the City has previously entered into contracts with these consultants, Stone & Youngberg as underwriter, Best Best & Krieger LLP as bond counsel, Fieldman Rolapp & Associates as financial advisor, for all land secured infrastructure financing transactions for the Otay Ranch territory and Sunbow II; and WHEREAS, Trimark Pacific Homes, L.P., has requested that the City consider the formation of a community facilities district to finance infrastructure in the San Miquel Ranch which is located outside of the Otay Ranch territory and Sunbow II; and WHEREAS, again due to the complexity of such land secured financings, staff now recommends that the City contract with such firms to provide necessary consultant services for all future land secured financing transactions including the San Miquel Ranch project. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, FIND, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The above recitals are all true and correct. SECTION 2. This City Council hereby finds that the appointment of an underwriter, bond counsel, financial advisor, market absorptiOn consultant, appraiser and special tax consultant for future proceedings for land secured financings pursuant to the consultant selection process would be impractical for the reasons set forth above and in the accompanying staff report. Therefore, Stone & Youngberg LLC is hereby appointed as underwriter, Best Best & Krieger LLC is hereby appointed as bond counsel and Fieldman Rolapp & Associates is hereby appointed as financial advisor for all future land secured, financing transactions within the City and the Mayor is hereby authorized to execute an amendments to the existing agreements with such firms to reflect such appointments. SECTION 3. This resolution shall become effective upon its adoption. PREPARED BY: APPROVED AS TO FORM BY: Robert Powell John ~,,~aheny Deputy City Manager City/u34~orney /1-.5 CITY COUNCIL AGENDA STATEMENT Item No.: ] c~ Meeting Date: 04/10/01 ITEM TITLE: PUBLIC HEARING: PCM 01-19: Consideration o£amendments to the Salt Creek Ranch General Development Plan, Sectional Planning Area (SPA) Plan and Planned Community District Regulations to change the land use designation of a 7-acre parcel, located on the south side of Proctor Valley Road, between Hunte Parkway and Duncan Ranch Road from Low Density Residential to Community Purpose Facility and Park; and the land use designation o£a 3-acre parcel adjacent to the north from Community Purpose Facility to Park. RESOLUTION: Approving amendments to the Salt Creek Ranch General Development Plan and Sectional PIauning Area (SPA) plan to change the land use designation ora 7-acre parcel, located on the south side of Proctor Valley Road, between Hnnte Parkway and Duncan Ranch Road, from Low Density Residential to Community Purpose Facility; and the land use designation of a 3-acre parcel adjacent to the north from Community Purpose Facility to Park. ORDINANCE: Approving amendments to the Salt Creek Ranch Planned Community District Regulations to change the land use designation of a 7-acre parcel, located on the south side of Proctor Valley Road, between Hunte Parkway and Duncan Ranch Road from Low Density Residential to Community Purpose Facility and Park; and the land use designation of a 3-acre parcel adjacent to the north from Community Purpose Facility to Park. SUBMITTED BY: Director of Planning and Building~./~//. REVIEWED BY: City Manager&t¢".o../ (4/5ths Vote: Yes__ No X ) The applicant, Pacific Bay Homes, has submitted an application to amend the Salt Creek Ranch (referred to hereafter as "Rolling Hills Ranch") General Development Plan (GDP), Sectional Planning Area (SPA) plan and Planned Community District Regulations in order to change the land use designation of a 7-acre parcel, located on the south side of Proctor Valley Road, between Hunte Parkway and Duncan Ranch at the southerly boundary of Rolling Hills Ranch Neighborhood 8, from Low Density Residential to Community Purpose Facility (CPF) and Park; and the land use designation of a 3-acre parcel adjacent to the north from CPF to Park (see Locator). Page 2, Item No.: Meeting Date: 04/10/01 In accordance with Section 15164 of the California Environmental Quality Act (CEQA) Guidelines, the Environmental Review Coordinator prepared an addendum (IS-01-29) to FSEIR-91-03. The addendum was approved by the City Council on December 19, 2000 in conjunction with the Park Agreement, which required these amendments. Therefore, no further environmental review is required, and no further action is necessary. RECOMMENDATION: Approve the proposed GDP, SPA and PC District Regulations amendments in accordance with the findings and subject to the conditions contained in the attached City Council Resolution and Ordinance. BOARDS AND COMMISSION RECOMMENDATION: On March 28, 2001, the Planning Commission considered the proposed project and, after hearing staffs' and applicant's presentations, approved the project by a 6-0 vote, subject to conditions. DISCUSSION: The Rolling Hills Ranch, which is a master planned community consisting of approximately 1,200 acres, was approved for 2,662 dwelling units in 1992. Rolling Hills Ranch is located in the northeast portion of Chula Vista on either side of East 'H' Street/Proctor Valley Road, and the intersection of Hunte Parkway (see Locator). As you may know, City staff is presently processing the replannlng of the eastern 940 acres of EastLake known as EastLake IlL As part of the Replanning Program, The EastLake Company suggested several alternatives in order to satisfy the parkland requirement for the northerly-260 acres known as the Woods Neighborhood. One of the alternatives included the payment of park acquisition and development (PAD) in-lian fees for the Woods neighborhood, and allows the City to use the in- lieu fees to purchase a 7-acre residential parcel located immediately adjacent to the north (within the Rolling Hills Ranch Planned Community). Under this alternative, an adjacent Community Purpose Facility site located immediately north and the residential parcel are rearranged to annex the additional acreage to the Salt Creek Community Park to the north. Based on current Parks and Recreation Department policy to develop larger park facilities, instead of several small ones, and the proximity of the Woods Neighborhood to the Salt Creek Ranch Community Park, city staf£ and EastLake representatives decided to pursue the above-mentioned alternative involving the Rolling Hills Ranch 7-acre residential site. On December 19, 2000, the City of Chula Vista, The EastLake Company and Pacific Bay Homes entered into an agreement to acquire the above-mentioned 7-acre residential site. Under this agreement, EastLake agreed to provide the funds for the acquisition of said property and the City agreed to grant park acreage credit equal to the amount of'net usable park acreage on the additional parkland. I fas a result o£calculating net usable park acreage the EastLake III project does not satisfy the project park acreage requirement, EastLake will be able to pay in-lieu fees for the deficiency on Page 3, Item No.: Meeting Date: 04/10/01 park acreage. Additionally, to complement the public park requirements, a private recreational facility is included within the Woods neighborhood. EastLake and Pacific Bay Homes agreed to file an application to amend the GDP, SPA and associated regulatory documents to reflect the above-mentioned land use changes and parcel reconfiguration. The proposed GDP and SPA amendments, as described in this report, reflect the Park Agreement deal points and the Salt Creek Ranch park expansion conceptual design. 1. Existing Site Characteristics The project site involves Low Density Residential (0~3 du/ac) and a Community Purpose Facility (CPF) site within Neighborhood 8 of the Rolling Hills Ranch master planned community, which is located south of Proctor Valley Road, east of Hunte Parkway and west of Duncan Ranch Road (see Locator). The residential parcel located at the southerly boundary of Neighborhood 8 is a 7-acre irregular shaped lot with tentative map approval for 21 single-family lots. The CPF parcel, located adjacent to the north of the 7-acre parcel, is a 3-acre rectangular shaped lot with frontage along Hunte Parkway and Duncan Ranch Road (see Attachment 3A). Adjacent land uses include single residential detached homes to the east, north and west, and a future junior high school within the EastLake planned community to the south. 2. SPA Land Use Designations and Land Use CV Municipal Code Salt Creek SPA Existing Zoning Land Use Designation Land Use Site PC, Planned SF 1, Residential Community Single Family Detached Vacant CPF, Community Purpose Facility Vacant North PC, Planned OS 2 Open Space (Park) Vacant Community South PC, Planned PQ-2, Public/Quasi Community Future Jr. High School Vacant (EastLake Woods) West PC, Planned OS I Open 8pace Community (Salt Creek OS Corridor) Vacant East PC, Planned SF 1, Residential Community Single Family Detached Vacant Page 4, Item No.: Meeting Date: 04/10/01 3. Proposed Amendments The amendments involve the realignment and land use change between an existing 3-acre Community Purpose Facility (CPF) site and a 7-acre Low Density Residential site. The requested GDP & SPA amendments are as follows: Salt Creek Ranch General Development Plan: · Change an approximate 7-acre parcel, located at the southerly boundary of Neighborhood 8, from Low Density Residential (0-3 du/ac) to Community Purpose Facility (CPF) and Park. · Change a 3-acre CPF parcel adjacent to the north from CPF to Park. · Change the GDP total number of permitted dwelling units from 2,824 to 2,810 and reduce overall density accordingly. · Amend all other text, tables and exhibits in the GDP to reflect the change in land use to the GDP map and text described above. Salt Creek Ranch Sectional Planning Area (SPA) plan: · Change an approximate 7-acre parcel from Single-Family Detached (SF 1) to Community Purpose Facilities (CPF) and Park (OS 2). ·Change a 3-acre parcel adjacent to the north from CPF to Park (OS 2). · Amend all other text, tables and exhibits in the SPA Plan to reflect the land use changes. Planned Community Land Use District Regulations (map): · Change the westerly 3 acres of the 7-acre parcel from Single-Family Detached (SF 1) to Community Purpose Facilities (CPF). · Change the easterly 4 acres of the 7-acre parcel from Single-Family Detached (SF 1) to Park (OS 2). · Change a 3-acre parcel adjacent to the north from CPF to Park (OS 2). · Change the land use boundaries to reflect the above GDP and SPA amendments (all total number of dwelling units, density and statistics). Page 5, Item No.: Meeting Date: 04/10/01 4. Analysis: Thc Park Agreement, approved by City Council last December, provides for the expansion of the existing 22-acre community park site within Neighborhood to satisfy park requirements for the EastLakc Woods neighborhood. However, to implement the Park Agreement, the applicant agreed to process a GDP and SPA amendment. This amendment involves changing the land use designation of approximately 10 acres, involving a 7-acre Residential parcel and a 3-acre CPF site, both located south of Proctor Valley Road, east of Huntc Parkway and west of Duncan Ranch Road at the southerly boundary of Neighborhood 8. The westerly 4 acres of thc 7-acre parcel is proposed to be changed from Low Density Residential (0-3 du/ac) to Community Public Facilities (CPF). The easterly 3 acres of thc same parcel is proposed to be changed from Single-Family detached to Park. The northerly adjacent 3-acre parcel is proposed to be changed from CPF to Park (see Attachment 3A and 3B). The 7-acre residential parcel, which has been approved for 21 single-family lots, is located between two non-residential land uses: a future middle school to thc south and a future community purpose facility to the north. The northerly and southerly residential edges of this parcel would require a special treatment, such as sound walls, building orientation, landscape treatment, crc., to physically and visually buffer the non-residential and more intense activities of the northerly and southerly adjacent land uses (see Locator). Thc proposed conversion of this residential parcel to park improves the land use relationship of the area west of Duncan Ranch Drive. The residential component to thc east would be buffered by Duncan Ranch Drive, a Class III Collector Street, providing a more appropriate transition between thc residential and non-residential land uses in this neighborhood (see Attachment 3B). As mentioned above, the Parks and Recreation Department has advocated thc use of larger park facilities to provide a central location for ball fields and other recreational facilities. Thc larger parks also provide larger visual and physical open space, which serve as community identification and focal points. For this reason, city staffhas worked closely with both master developers to expand the community park size and bc able to provide additional recreational facilities and amenities. Parks and recreational facilities for thc Woods neighborhood would bc provided by the eXpanded Salt Creek Ranch Community Park to thc north, The EastLake Trails neighborhood park (25 acres) to the southwest and a 1.7-acre private recreational facility for the exclusive use of Woods residents. Both community public parks (within Rolling Hills Ranch and EastLake Trails) are located within 1- 2 mile distance from the Woods neighborhood. The Parkland Acquisition Fees have been paid and Development Fees will be paid for the additional park acreage to ensure that the expansion of the park can be developed to satisfy local park and recreational needs. The City's Traffic Engineer has determined that the park increase will not result in additional traffic volumes that could impact traffic thresholds, because the street and thoroughfares within the Salt Creek Ranch SPA plan are suitable and adequate to carry the anticipated traffic flow. Page 6, Item No.: Meeting Date: 04/10/01 The General Plan designation for both, Residential and Community Purpose Facility sites is Low Density Residential (0-3 du/ac). However, since conununity parks and community facilities are permitted in any zone subject to a conditional use permit, the GDP and SPA, as proposed to be amended, are consistent with the City's General Plan. The proposed land use change will eliminate approximately 7 acres designated as Low Density Residential (0-3 du/ac), and decrease the number of permitted dwelling units in the GDP and SPA by 21. The CPF acreage will remain unchanged. Park acreage will increase by 7 gross acres. In order to ensure that the proposed amendments to the GDP, SPA plan and PC District Regulations are complied with, the applicant has been conditioned to provide and obtain approval by the Director of Planning and Building Director for all necessary changes to the adopted Salt Creek Ranch GDP, SPA documents, maps, text and exhibits in a supplemental document prior to the issuance of the first building permit. Also, all remaining conditions of Salt Creek Ranch SPA plan Resolution 16555 not modified by this amendment shall remain in full force and effect. 5. Conclusion: For the reasons mentioned above, staff recommends approval of the project subject to the conditions listed in the attached City Council Resolution. FISCAL IMPACT The applicant has paid for all cost associated with the processing of the SPA amendment and will be responsible for paying corresponding Development Impact fees and other applicable development and processing fees, as they may be amended from time-to-time. Attachments: 1. Planning Commission Resolution 2~ Locator 3. Figures 4. Ownership Disclosure Statement H:\IIOME\PLANN1NG\StanD\RoIling Hills Ranch\PCM 01-19 Park-CPF SPA Amendment\PCM 01-19 RHR CPF-PARK CC Agenda 10 April. 01.doc ATTACHMENT i RESOLUTION NO. PCM-01-19 A RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL APPROVE AMENDMENTS TO THE SALT CREEK RANCH GENERAL DEVELOPMENT PLAN, SECTIONAL PLANNING AREA (SPA) PLAN AND PLANNED COMMUNITY DISTRICT REGULATIONS TO CHANGE THE LAND USE DESIGNATION OF A 7-ACRE PARCEL, LOCATED ON THE SOUTH SIDE OF PROCTOR VALLEY ROAD, BETWEEN HUNTE PARKWAY AND DUNCAN RANCH ROAD, FROM LOW DENSITY RESIDENTIAL TO COMMUNITY PURPOSE FACILITY AND PARK; AND THE LAND USE DESIGNATION OF A 3-ACRE PARCEL ADJACENT TO THE NORTH FROM COMMUNITY PURPOSE FACILITY TO PARK-PACIFIC BAY HOMES. WHEREAS, a duly verified application for a GDP and SPA amendment was filed with the Planning and Building Department on Febmary 14, 2001, by Pacific Bay Homes ("Developer"); and, WHEREAS, said application requests approval of amendments to the Salt Creek Ranch General Development Plan (GDP), Salt Creek Ranch Sectional Planning Area and (SPA) plan and Planned Community District Regulations in order to change the Land Use Designation of a 7-acre parcel from Low Density Residential (0-3 du/ac) to Community Purpose Facility (CPF) and Park; and the land use designation of a 3-acre parcel adjacent to the north from CPF to Park. ("Project); and, WHEREAS, the 1 O-acre project site is located south of Proctor Valley Road, east of Hunte Parkway and west of Duncan Ranch Road within Neighborhood 8 of Salt Creek Ranch Planned Community ("Project Site"); and, WHEREAS, the City's Environmental Review Coordinator prepared an addendum in conjunction with FSEIR-91-03. The addendum was approved by the City Council on December 19, 2000 with the Park Agreement. Therefore, no further environmental review is required, and no further action is necessary; and, WHEREAS, the Planning Director set the time and place for a hearing on the Project, and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and it mailing to property owners within 500 feet of the exterior boundaries of the property, at least 10 days prior to the hearing; and, WHEREAS, the heating was held at the time and place as advertised, namely 6:00 p.m., March 28,2001, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. WHEREAS, the Planning Commission has previously considered FSEIR-91-03 and addendum, and therefore, no further environmental action is necessary. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANN1NG COMMISSION hereby recommends that the City Council adopt the attached draft City Council Resolution and Ordinance approving the GDP, SPA and PC District Regulations amendments in accordance with the fmdings and subject to the conditions contained therein. BE IT FURTHER RESOLVED THAT a copy of this resolution and ordinance be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 28~' day of March, 2001, by the following vote, to-wit: AYES: Thomas, Castaneda, Willett, McCann, Cortez, O'Neill NOES: ABSENT: Hall ATTEST: Diana Vargas, Secretary Bob Thomas, Chairperson H:\HOM E\PLANNIG\Stan D\Rolling Hills Ranch\PCM 01-19 Park-CPF SPA Amendment\PCM 01-19 PCReso 28 March 01.doc ATTACHMENT 2 ROLLINGRANCH HILLS / FUTURE EASTLAKE JR HIGH EASTLAKE SCHOOL BUSINESS WOODS CENTER EASTLAKE GREENS  EASTLAKE EASTLAKE VISTAS r CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT Pacific Bay Homes PROJECT DESCRIPTION: APPLICANT:  SO. Of Proctor Valley Rd. MISCELLANEOUS PROJECT Between Hunte PIo, vy & ADDRESS: Request: Amendment to the Salt Creek Ranch GDP, SPA, and PC Duncan Ranch Road District Regulations to change a 7 acre parcel from Low Density SCALE: FILE NUMI~ER: Residential to Community Purpose Facility (CPF) and Park; and an · NORTH No Scale PCM-01-19 adjacent 3 acre parcel from CPF to Park. h:\home\planning\carlos\locators\pcm0119.cdr 03.14,01 ^TTACHRENT 3A ROLLING HILLS RANCH FAMILY RESIDENTIAL (21 DU'S) EASTLAKE BUSINESS CENTER II SCHOOL CITY OF CHULA VISTA PLANNING & BUILDING DEPARTMENT ~pR~LLi~CATNT: Pacific Bay Homes PROJECT DESCRIPTION: ~ PROJECT So. Of Proctor Valley Rd Between Adopted Land Use LOCATION: Hunte Pkwy & Duncan Rd. SCALE: I FILE NUMBER: None] PCM- 01 - 19 ATTACHMEN~,,3B CITY OF CHULA VISTA PLANNING & BUILDING DEPARTMENT PROJECT ' APPLICANT: Pacific Bay Homes PROJECT DESCRIPTION: ( PROJECT So, Of Proctor Valley Rd Between Proposed Land Use LOCATION: Hunte Pkwy & Duncan Rd. SCALE: I FILE NUMBER: NoneI PCM - 01 - 19 Appendix B ATTACHMEH . THE CITY CHULA VISTA DISCLOSURE STATL .ENT ~u are required to file a Statement of Disclosure of certain ownership or financial interests, payments, ;r campaign contributions, on all matters which will require discretionary action on the part of the City Gouncil, Planning Commission, and all other official bodies. The following information must be disclosed: t. 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. If any person* identified pursuant to (1) above is a corporation or padnership, 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): 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 __ If yes, state which Councilmember(s): (NOTE: ATTACH ADDITIONAL PAGE~Y) Date: ~,~/:N,~q. LI jN,IL~ ~.~j ~ ~001 ~ ~ ~~ ~ig ~contractor/applicant ~rint or Wpe name of contractor/applicant * ~erson is defined as: "Any individual firm, co-partnership, joint venture, associalion, social club, ~eaternal organ&ation, co¢oratio~ estate, tmst, receiver, syndicate, this and any other county, ci~ and count~, ci~ municipaJt~, distrtct, or other polttical subdivision, or any other group or combination acting as a untt." RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE SALT CREEK RANCH GENERAL DEVELOPMENT PLAN, AND SECTIONAL PLANNING AREA (SPA) PLAN 1N ORDER TO CHANGE THE LAND USE DESIGNATION OF A 7-ACRE PARCEL, LOCATED ON THE SOUTH SIDE OF PROCTOR VALLEY ROAD, BETWEEN HUNTE PARKWAY AND DUNCAN RANCH ROAD, FROM LOW DENSITY RESIDENTIAL TO COMMUNITY PURPOSE FACILITY AND PARK; AND THE LAND USE DESIGNATION OF A 3-ACRE PARCEL ADJACENT TO THE NORTH FROM COMMUNITY PURPOSE FACILITY TO PARK. I. RECITALS A. Project Site WHEREAS, the area of land, which is subject matter of this Resolution is diagrammatically represented in Exhibit "A", and for the purpose of general description herein consists of a 7-acre and a 3-acre parcel, located south of Proctor Valley Road, east of Hunte Parkway and west of Duncan Ranch Road ("Project Site"); and, B. Project; Application for Discretionary Approval WHEREAS, on February 14, 2001, a duly verified application was filed with the City of Chula Vista Planning & Building Department by The EastLake Company ("Developer"), requesting approval of amendments to the Salt Creek Ranch General Development Plan (GDP), Sectional Planning Area (SPA) Plan and Planned Community District Regulations in order to change the land use designation of a 7-acre parcel from Low Density Residential to Community Purpose Facility (CPF) and Park; and the land use designation a 3-acre CPF parcel adjacent to the north from CPF to Park ("Project); and, C. Prior Discretionary Approvals WHEREAS, the development of the Project Site has been the subject matter of various entitlements, including: 1) a General Development Plan, Salt Creek Ranch General Development Plan, previously approved by City Council Resolution No. 15875 ("GDP") on October 2, 1990; 2) a Sectional Planning Area (SPA) plan, Salt Creek Ranch Sectional Planning Area Plan ("SPA") previously approved by City Council Resolution No. 16555 on March 24, 1992; 3) Planned Community District Regulations, Salt Creek Ranch Planned Community District Regulations; 4) Design Guidelines, Salt Creek Ranch Design Guidelines; and 5) Public Facilitites Finance Plan, Salt Creek Ranch Public Facilities Financing Plan all previously approved by City Council Resolution 16555 and Ordinance 2499 on March 24, 1992; Salt Creek Ranch Air Quality Improvement Plan (AQIP approved by Resolution No. 16555; 6) Tentative Subdivision Map for Salt Creek Ranch, Chula Vista Tract 92-02 previously approved by City Council Resolution 16834 on October 6, 1992 and amended on June 13, 2000 by City Council Resolution 2000-190; and, D. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on the Project on March 28, 200I and, after hearing staffpresentation and public testimony, voted 6-0 to recommend that the City Council approve the Project, in accordance with the findings and subject to the conditions listed below. E. City Council Record of Applications WHEREAS, a duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on April 10, 2001 on the Project, and to receive the recommendations of the Planning Commission, and to hear public testimony with regard to same; and, WHEREAS, the city clerk set the time and place for a hearing on said SPA amendment application and notice of said hearing, together with its purpose, was given by its publication in a newspap~er of general circulation in the City, and its mailing to property owners within 500 ft. of the exterior boundary of the project at least 10 days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. April 10, 2001 in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find, determine and resolve as follows: II. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on the Project held on April 10, 2,001, and the minutes and resolutions resulting therefrom are hereby incorporated into the record of this proceeding. III. PREVIOUS EIR-91-03 AND ADDENDUM TO EIR~91-03 (Salt Creek Ranch SPA Final Supplemental EIR-91-03) REVIEWED AND CONSIDERED; FINDINGS; APPROVALS The City Council of the City of Chula Vista has previously reviewed, analyzed, considered, and certified FSEIR 91-03 for Salt Creek Ranch IV. COMPLIANCE WITH CEQA In accordance with Section 15164 of the California Environmental Quality Act (CEQA) Guidelines, the City Environmental Review Coordinator prepared an addendum (IS-01-29) to the Final Salt Creek SEIR-91-03, which was approved by the City Council on December 19, 2000 with the approval of the Park Agreement. Therefore, no further environmental review is required, and no further action is necessary. V. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council finds that in accordance with Section 15164 of the California Environmental Quality Act (CEQA) Guidelines, the City Environmental Review Coordinator prepared an addendum (1S-01-29) to the Final Salt Creek SEIR-91-03, which was considered by the City Council on December 19, 2000 with thc approval of the Park Agreement. VI. GENERAL PLAN CONSISTENCY The City Council hereby finds and determines that the proposed amendments to the Salt Creek Ranch General Development Plan, Sectional Planning Area (SPA) plan and associated regulatOry documents are consistent with the Chula Vista General Plan and other adopted City policies. VII. GENERAL DEVELOPMENT PLAN AMENDMENT FINDINGS A. THE PROPOSED DEVELOPMENT AS DESCILIBED BY THE GENERAL DEVELOPMENT PLAN IS IN CONFOPdVIITY WITH THE PROVISIONS OF THE CHULA VISTA GENERAL PLAN The proposed amendments to the Salt Creek Ranch General Development Plan reflects the CPF re-alignment and additional Park acreage within a location containing land uses nat are consistent with ali elements of the Chula Vista General Plan. Community parks and community purpose facilities are permitted in any zone subject to a conditional use permit (CUP). Since thc General Development Plan does not address CUPs or other administration permits, the GDP, SPA and associated regulatory documents are in substantial conformance with the General Plan. B. PLANNED COMMUNITY DEVELOPMENT CAN BE INSTALLED BY ESTABLISHMENT OF SPECIFIC USES OR SECTIONAL PLANNING AREA PLANS WITHIN TWO YEARS OF THE ESTABLISHMENT OF THE PLANNED COMMUNITY ZONE. The PC, Planned Community Zone, in conjunction with the Sectional Planning Area (SPA) Plan was established for the subject site in 1992, in accordance with the adoption of the existing Salt Creek Ranch General Development Plan in 1990. C. IN THE CASE OF PROPOSED PARK DEVELOPMENT, THAT SUCH DEVELOPMENT WILL CONSTITUTE A PAR~ ENVIRONMENT OF SUSTAINED DESIRABILITY AND STABILITY; AND THAT IT WILL BE IN HARMONY WITH OR PROVIDE COMPATIBLE VARIETY TO THE CHARACTER OF THE SURROUNDING AREA AND THAT THE SITES PROPOSED FOR PUBLIC FACILITIES SUCH AS SCHOOLS, PLAYGROUNDS AND PARKS, ARE ADEQUATE TO SERVE THE ANTICIPATED POPULATION AND APPEAR ACCEPTABLE TO THE PUBLIC AUTHORITIES HAVING JURISDICTION THEREOF. The expanded community park provides increased flexibility in park design and desirability. The park is located adjacent to the Salt Creek Open Space corridor and a future Jr. High School site, which are compatible with the existing adjacent park land use. The expanded community park will increase the ability to service the surrounding community. A Park Agreement was approved for the expansion by the City Council on December 19, 2000. The public facilities planned for this project are addressed in the Public Facilities Financing Plan and will be installed prior to or in conjunction with development of the project. VIH. APPROVAL OF GDP AMENDMENT In light of the findings described herein, the amendment to the Salt Creek Ranch General Development Area, in the form attached hereto and incorporated herein as Exhibit "B", is hereby approved. IX. SPA AMENDMENT FINDINGS A. THE SECTIONAL PLANNING AREA PLAN FOR SALT CREEK RANCH (AS AMENDED) IS 1N CONFORMITY WITH THE SALT CREEK GENERAL DEVELOPMENT PLAN AND THE CHULA VISTA GENERAL PLAN. At the same time, since the General Development Plan is being amended, the amended Salt Creek Ranch Sectional Planning Area (SPA) Plan, is consistent with the Salt Creek Ranch General Development Plan (GDP) and the Chula Vista General Plan. B. THE SALT CREEK KANCH SECTIONAL PLANNING AREA PLAN, AS AMENDED WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREAS. The Salt Creek Ranch SPA plan amendment is consistent with the Salt Creek Ranch Public Facilities Financing Plan, Air Quality Improvement Plan, Water Conservation Plan and will, therefore, promote the orderly sequentialized development of the involved Sectional Planning Area (SPA) Plan areas. C. THE SALT CREEK RANCH SECTIONAL PLANNING AREA, AS AMENDED WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. The amended Salt Creek Ranch SPA Plan will not adversely affect surrounding residential land uses to the east and north due to the proposed grade separation and open space buffers, and separated by streets that are classified at a minimum Class III Collector Street; and the additional park acreage is proposed adjacent to an existing area planned for a community park. The residential parcel would have required a special treatment, such as sound walls, building orientation, landscape treatment, etc., to physically and visually buffer the non-residential uses and more intense activities adjacent to the north and south. However, environmental quality is improved by the increase of green open space, and the potential conflict with residential use has been diminished with the change of residential use to park use for the proposed area. D. 1N THE CASE OF PROPOSED PARK AND COMMUNITY PURPOSE FACILITIES (CPF) USES, THAT SUCH DEVELOPMENT WILL BE APPROP1ATE IN AREA, LOCATION, AND OVERALL DESIGN AND DEVELOPMENT STANDARDS ARE SUCH AS TO CREATE A PARK AND CPF ENVIRONMENT OF SUSTAINED DESIRABILITY AND STABILITY; AND THAT SUCH DEVELOPMENT WILL MEET PERFORMANCE STANDARDS ESTABLISHED BY THIS TITLE. The amended Salt Creek Ranch SPA Plan provides additional park acreage and community purpose facilities adjacent to an area that was previously planned for such uses. The additional park acreage will provide more flexibility in the overall design of the community park. The CPF and Park use are located adjacent to each other, which will be designed to serve the residents of Salt Creek Ranch and nearby neighborhoods in accordance to development standards reflective of sustained desirability and stability. Development regulations for the CPF and Park will be designed to meet the City of Chula Vista Performance Standards prescribed in chapters 19.66 and 19.68 of the Chula Vista Municipal Code. E. IN THE CASE OF PARK AND CPF USES, THAT SUCH DEVELOPMENT WILL BE APPROPRIATE IN THE AREA, LOCATION AND OVER-ALL PLANNING TO THE PURPOSE PROPOSED, AND THAT SURROUNDING AREAS ARE PROTECTED FROM ANY ADVERSE EFFECTS FROM SUCH DEVELOPMENT. The CPF and Park site are located adjacent to an area planned for Park usage, open space, and a future Jr. High School, therefore, the Park expansion and CPF re-alignment will not adversely affect surrounding areas. F. 33vIE STREET AND THOROUGHFARES PROPOSED ARE SUITABLE AND ADEQUATE TO CARRY THE ANTICIPATED TRAFFIC THEREON. The street and thoroughfares proposed within the Salt Creek Ranch SPA Plan have been planned and, according to the City's Traffic Engineer are suitable and adequate to carry the anticipated traffic flow from the CPF and Park land uses. G. ANY PROPOSED PARK AND CPF DEVELOPMENT CAN BE JUSTIFIED ECONOMICALLY AT THE LOCATION (S) PROPOSED AND WILL PROVIDE ADEQUATE PARK AND CPF USES NEEDED AT SUCH PROPOSED LOCATION (s). Parkland Acquisition Fees have been paid and Development Fees will be paid for the additional park acreage. Therefore, the park expansion can be developed to satisfy local park and recreation needs that are justified economically and needed at the proposed location. The CPF site is consistent with the Public Facilities Financing Plan. H. THE AREA SURROUNDING SAID DEVELOPMENT COULD BE PLANNED AND ZONED IN COORDINATION AND SUBSTANTIAL COMPATIBILITY WITH SAID DEVELOPMENT. The proposed CPF and Park site are highly compatible with surrounding zoned Open Space, Park, and Jr. High School; and nearby residential neighborhoods. X. APPROVAL OF SPA AMENDMENT In light of the findings described herein, the amendment to the Salt Creek Ranch Sectional Planning Area (SPA) Plan, in the form attached hereto and incorporated herein as Exhibit "B", is hereby approved. XI. APPROVAL OF AMENDMENTS TO SPA TO IMPOSE CONDITIONS In light of thc findings described herein, the City Council does hereby approve amendments and impose conditions to the Salt Creek Ranch SPA Plan. XII. SPA AMENDMENT CONDITIONS OF APPROVAL t. Implement all remaining conditions of Salt Creek Ranch SPA Plan Resolution 16555 not modified by the Resolution, which shall remain in full force and effect. 2. Prior to issuance of the first building permit, prepare, submit and obtain approval by the Director of Planning and Building of all necessary changes to the adopted Salt Creek Ranch SPA documents, maps, text and exhibits in a supplemental document to reflect Councils approval of this SPA amendment. XIII. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained accordin~g to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Resolution. XIV. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that any one or more terms, provision, or conditions are determined by a Court of competent jurisdiction top be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ah initio. Presented by Approved as to form by Robert A. Leiter John M.Kaheny Director of Planning & Building City Attorney H:\HOM E\PLANNING\StanD\Rolling Hills Ranch\PCM 01-19 Park-CPF SPA Amendment~ CC Reso..doc CITY OF CHULA VISTA PLANNING & BUILDING DEPARTMENT PROJECT p~,. t~,- Bay Homes PROJECT DESCRIPTION: APPLICANT: ....  PROJECT So. Of Proctor Valle)' Rd Beiween LO~^T,ON: .u.,ePk~D.nca..~. Adopted Land Use SCALE: I FILE NUMBER: None I PCM-O~-~9 EXHIBIT - A CITY OF CHULA VISTA PLANNING & BUILDING DEPARTMENT PROJECT Pacific Bay Homes PROJECT DESCRIPTION: APPLICANT:  PROJECT So. Of Proctor Valley Rd BetweenProposed Land Use LOCATION: Hunte Pkwy & Duncan Rd. SCALE: I FILE NUMBER; .one I PCM-O~-~9 EXHIBIT- B ORDINANCE NO. AN ORDiNANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROViNG AMENDMENTS TO THE SALT CREEK RANCH PLANNED COMMUNITY DISTRICTS REGULATIONS TO CHANGE THE LAND USE DESIGNATION OF A 7-ACRE PARCEL, LOCATED ON THE SOUTH SIDE OF PROCTOR VALLEY ROAD, BETWEEN HUNTE PARKWAY AND DUNCAN RANCH ROAD FROM LOW DENSITY RESIDENTIAL TO COMMUNITY PURPOSE FACILITY AND PARK; AND THE LAND USE DESIGNATION OF A 3-ACRE PARCEL ADJACENT TO THE NORTH FROM COMMUNITY PURPOSE FACILITY TO PARK. L RECITA_LS A. Project Site WHEREAS, the area of land which is subject matter of this Ordinance is diagrammatically represented in Exhibit "A' attached hereto and incorporated herein by this reference, and commonly known as portion of Salt Creek Ranch Neighborhood 8, and for the purpose of general description herein, consists of a 7-acre parcel and an adjacent 3-acre pamel, located south of Proctor Valley Road, east of Hunte Parkway and west of Duncan Ranch Road ("Project Site"); and, B. Project; Application for Discretionary Approval WHEREAS, on February 14, 2001, a duly verified application was filed with the City of Chula Vista Planning & Building Department by The EastLake Company ("Developer"), requesting approval of amendments to the Salt Creek Ranch General Development Plan, Salt Creek Ranch Sectional Planning Area (SPA) plan and Planned Community District Regulations in order to change the land use designation of a 7-acre parcel from Low Density Residential (0-3 du/ac) to Community Purpose Facility (CPF) and Park; and the land use designation of a 3-acre parcel adjacent to the north from CPF to Park ("Project); and, C. Prior Discretionary Approvals WHEREAS, the development of the Project Site has been the subject matter of various entitlements, including: 1) a General Development Plan, Salt Creek Ranch General Development Plan, previously approved by City Council Resolution No. 15875 ("GDP") on October 2, 1990; 2) a Sectional Planning Area (SPA) plan, Salt Creek Ranch Sectional Planning Area Plan ("SPA") previously approved by City Council Resolution No. 16555 on March 24, 1992; 3) Plarmed Community District Regulations, Salt Creek Ranch Planned Community District Regulations; 4) Design Guidelines, Salt Creek Ranch Design Guidelines; and 5) Public Facilities Finance Plan, Salt Creek Ranch Public Facilities Financing Plan all previously approved by City Council Resolution 16555 and Ordinance 2499 on March 24, 1992; Salt Creek Ranch Air Quality Improvement Plan (AQIP approved by Resolution No. 16555; 6) Tentative Subdivision Map fo[ Salt Creek Ranch, Chula Vista Tract 92-02 previously approved by City Council Resolution 16834 on October 6, 1992, and amended on June 13, 2000 by Resolution 2000-190; and, D. Planning Commission Record on Applications WHEREAS, the Planning Commission held an advertised public heating on the Project on March 28, 2001 and after heating staff presentation and public testimony, voted 6-0 to recommend that the City Council approve the Project, in accordance with the findings listed below; and, E. City Council Record on Applications ;ArHEREAS, a duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on April 10, 2001, on the Project and to receive the recommendations of the Planning Commission, and to hear public testimony with regard to same; and, WHEREAS, the City Clerk set the time and place for a hearing on said Planned Community Districts Regulations amendment application and notice of said heating, together with its purpose, was given by its publication in a newspaper of general circulation in the City, and its mailing to property owners within 500 ft. of the exterior boundary of the project at least 10 days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., April 10, 2001, in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed; and, F. Discretionary Approvals Resolution and Ordinance WHEREAS, at the same City Council meeting at which this Ordinance was introduced for first reading (April 10, 2001), the City Council of the City of Chula Vista approved Resolution No. by which it imposed amendments on the Salt Creek Ranch General Development Plan, Salt Creek Ranch Sectional Planning Area (SPA) plan; and, WHEREAS, in accordance with Section 15164 of the California Environmental Quality Act (CEQA) Guidelines, the City Environmental Review Coordinator prepared an addendum (IS-01-29) to the Final Salt Creek SEIR-91-03, which was approved by the City Council on December 19, 2000 with the approval of the Park Agreement. Therefore, no further environmental review is required, and no further action is necessary. II NOW, THEREFORE, the City Council of the City of Chula Vista does hereby find, determine and ordain as follows: A. Findings for Planned Community District Regulations Amendment The City Council hereby finds that the proposed amendments to the Salt Creek Ranch Planned Community District Regulations and Land Use Districts Map are consistent with the City of Chula Vista General Plan, and public necessity, convenience, the general welfare and good zoning practice support the amendment. B. Approval of Zone Amendment The City Council does hereby approve the amendment to the Salt Creek Ranch Planned Community District Regulations and Land Use District Map as represented in Exhibit B. III. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that adoption of this Ordinance 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 Ordinance shall be deemed to be automatically revoked and of no further force and effect ab initio. IV. EFFECTIVE DATE This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by Approved as to form by Robert A. Leiter John Kaheny Director of Planning City Attorney H:\HOME~PLANNINGXStanD\Rolling Hills Ranch~PCM 0l-19 Park-CPF SPA Amendment\PCM 01-19.CC Ord.doc CITY OF CHULA VISTA PLANNING & BUILDING DEPARTMENT PROJECT Pacific Bay Homes PROJECT DESCRIPTION: APPL)CANT:  PROJECT So. Of ProclorValleyRdBelween Adopted Land Use LOCATION: Hunte Pkwy & Duncan Rd. SCALE: I FILE NUMBER: .o.e I PcM-o~-~9 EXHIBIT - A CITY OF CHULA VISTA PLANNING & BUILDING DEPARTMENT PROJECT Pacific Bay Homes PROJECT DESCRIPTION: APPLICANT:  PROJECT So. Of Proctor Valley Rd Between LOCAT,ON: .uetePkwy&DuncanRd. Proposed Land Use SCALE: ~ FILE NUMBER: .o.e I PCM-O~-~9 EXHIBIT- B RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE SALT CREEK RANCH GENERAL DEVELOPMENT PLAN, AND SECTIONAL PLANNING AREA (SPA) PLAN IN ORDER TO CHANGE THE LAND USE DESIGNATION OF A 7-ACRE PARCEL, LOCATED ON THE SOUTH SIDE OF PROCTOR VALLEY ROAD, BETWEEN HUNTE PARKWAY AND DUNCAN RANCH ROAD, FROM LOW DENSITY RESIDENTIAL TO COMMUNITY PURPOSE FACILITY AND PARK; AND THE LAND USE DESIGNATION OF A 3-ACRE PARCEL ADJACENT TO THE NORTH FROM COMMUNITY PURPOSE FACILITY TO PARK. I. RECITALS A. Project Site WHEREAS, the area of land, which is subject matter of this Resolution is diagrammatically represented in Exhibit "A", and for the purpose of general description herein consists of a 7-acre and a 3-acre parcel, located south of Proctor Valley Road, east of Hunte Parkway and west of Duncan Ranch Road ("Project Site"); and, B. Project; Application for Discretionary Approval WHEREAS, on February 14, 2001, a duly verified application was flied with the City of Chula Vista Planning & Building Department by The EastLake Company ("Developer"), requesting approval of amendments to the Salt Creek Ranch General Development Plan (GDP), Sectional Planning Area (SPA) Plan and Planned Community District Regulations in order to change the land use designation of a 7-acre parcel from Low Density Residential to Community Purpose Facility (CPF) and Park; and the land use designation a 3-acre CPF parcel adjacent to the north from CPF to Park ("Project); and, C. Prior Discretionary Approvals WHEREAS, the development of the Project Site has been the subject matter of various entitlements, including: 1) a General Development Plan, Salt Creek Ranch General Development Plan, previously approved by City Council Resolution No. 15875 ("GDP") on October 2, 1990; 2) a Sectional Planning Area (SPA) plan, Salt Creek Ranch Sectional Planning Area Plan ("SPA") previously approved by City Council Resolution No. 16555 on March 24, 1992; 3) Planned Community District Regulations, Salt Creek Ranch Planned Community District Regulations; 4) Design Guidelines, Salt Creek Ranch Design Guidelines; and 5) Public Facilitites Finance Plan, Salt Creek Ranch Public Facilities Financing Plan all previously approved by City Council Resolution 16555 and Ordinance 2499 on March 24, 1992; Salt Creek Ranch Air Quality Improvement Plan (AQIP approved by Resolution No. 16555; 6) Tentative Subdivision Map for Salt Creek Ranch, Chula Vista Tract 92-02 previously approved by City Council Resolution 16834 on October 6, 1992 and amended on June 13, 2000 by City Council Resolution 2000-190; and, D. Planning Commission Regord on Application WHEREAS, the Planning Commission held an advertised public hearing on the Project on March 28, 2001 and, after hearing staff presentation and public testimony, voted 6-0 to recommend that the City Council approve the Project, in accordance with the findings and subject to the conditions listed below. E. City Council Record of Applications WHEREAS, a duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on April 10, 2001 on the Project, and to receive the recommendations of the Planning Commission, and to hear public testimony with regard to same; and, WHEREAS, the city clerk set the time and place for a hearing on said SPA amendment application and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, and its mailing to property owners within 500 ft. of the exterior boundary of the project at least 10 days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. April 10, 2001 in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find, determine and resolve as follows: 11. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on the Project held on March 28, 2,001, and the minutes and resolutions resulting therefrom are hereby incorporated into the record of this proceeding. III. PREVIOUS EIR-91-03 AND ADDENDUM TO EIR-91-03 (Salt Creek Ranch SPA Final Supplemental EIR-91-03) REVIEWED AND CONSIDERED; FINDINGS; APPROVALS The City Council of the City of Chula Vista has previously reviewed, analyzed, considered, and certified FSEIR 91-03 for Salt Creek Ranch 1V. COMPLIANCE WITH CEQA In accordance with Section 15164 of the California Environmental Quality Act (CEQA) Guidelines, the City Environmental Review Coordinator prepared an addendum (IS-01-29) to the Final Salt Creek SEIR-91-03, which was approved by the City Council on December 19, 2000 with the approval of the Park Agreement. Therefore, no further environmental review is required, and no further action is necessary. V. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council finds that in accordance with Section 15164 of the California Environmental Quality Act (CEQA) Guidelines, the City Environmental Review Coordinator prepared an addendum (IS-01-29) to the Final Salt Creek SEIR-91-03, which was considered by the City Council on December 19, 2000 with the approval of the Park Agreement. VI. GENERAL PLAN CONSISTENCY The City Council hereby finds and determines that the proposed amendments to the Salt Creek Ranch General Development Plan, Sectional Planning Area (SPA) plan and associated regulatOry documents are consistent with the Chula Vista General Plan and other adopted City policies. VII. GENERAL DEVELOPMENT PLAN AMENDMENT FINDINGS A. THE PROPOSED DEVELOPMENT AS DESCRIBED BY THE GENERAL DEVELOPMENT PLAN IS IN CONFORMITY WITH THE PROVISIONS OF THE CHULA VISTA GENERAL PLAN The proposed amendments to the Salt Creek Ranch General Development Plan reflects the CPF re-alignment and additional Park acreage within a location containing land uses · at are consistent with all elements of the Chula Vista General Plan. Community parks and community purpose facilities are permitted in any zone subject to a conditional use permit (CUP). Since the General Development Plan does not address CLIps or other administration permits, the GDP, SPA and associated regulatory documents are in substantial conformance with the General Plan. B. PLANNED COMMUNITY DEVELOPMENT CAN BE iNSTALLED BY ESTABLISI-IMENT OF SPECIFIC USES OR SECTIONAL PLANNING AREA PLANS WITHiN TWO YEARS OF THE ESTABLISHMENT OF THE PLANNED COMMUNITY ZONE. The PC, Planned Community Zone, in conjunction with the Sectional Planning Area (SPA) Plan was established for the subject site in 1992, in accordance with the adoption of the existing Salt Creek Ranch General Development Plan in 1990. C. IN THE CASE OF PROPOSED PARK DEVELOPMENT, THAT SUCH DEVELOPMENT WILL CONSTITUTE A PARK ENVIRONMENT OF SUSTAINED DESIRABILITY AND STABILITY; AND THAT IT WILL BE iN HARMONY WITH OR PROVIDE COMPATIBLE VARIETY TO THE CHARACTER OF THE SURROUNDiNG AREA AND THAT THE SITES PROPOSED FOR PUBLIC FACILITIES SUCH AS SCHOOLS, PLAYGROUNDS AND PARKS, ARE ADEQUATE TO SERVE THE ANTICIPATED POPULATION AND APPEAR ACCEPTABLE TO THE PUBLIC AUTHORITIES HAVING JURISDICTION THEREOF. The expanded community park provides increased flexibility in park design and desirability. The park is located adjacent to the Salt Creek Open Space corridor and a future Jr. High School site, which are compatible with the existing adjacent park land use. The expanded community park will increase the ability to service the surrounding community. A Park Agreement was approved for the expansion by the City Council on December 19, 2000. The public facilities planned for this project are addressed in the Public Facilities Financing Plan and will be installed prior to or in conjunction with development of the project. VIH. APPROVAL OF GDP AMENDMENT In light of the findings described herein, the amendment to the Salt Creek Ranch General Development Area, in the form attached hereto and incorporated herein as Exhibit "B", is hereby approved. IX. SPA AMENDMENT FINDINGS A. THE SECTIONAL PLANNING AREA PLAN FOR SALT CREEK RANCH (AS AMENDED) IS 1N CONFORMITY WITH THE SALT CREEK GENERAL DEVELOPMENT PLAN AND THE CHULA VISTA GENERAL PLAN. At the same time, since the General Development Plan is being amended, the amended Salt Creek Ranch Sectional Planning Area (SPA) Plan, is consistent with the Salt Creek Ranch General Development Plan (GDP) and the Chula Vista General Plan. B. THE SALT CREEK RANCH SECTIONAL PLANNING AREA PLAN, AS AMENDED WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREAS. q2qe Salt Creek Ranch SPA plan amendment is consistent with the Salt Creek Ranch Public Facilities Financing Plan, Air Quality Improvement Plan, Water Conservation Plan and will, therefore, promote the orderly sequentialized development of the involved Sectional Planning Area (SPA) Plan areas. C. THE SALT CREEK RANCH SECTIONAL PLANNING AREA, AS AMENDED WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. The amended Salt Creek Ranch SPA Plan will not adversely affect surrounding residential land uses to the east and north due to the proposed grade separation and open space buffers, and separated by streets that are classified at a minimum Class III Collector Street; and the additional park acreage is proposed adjacent to an existing area planned for a community park. The residential parcel would have required a special treatment, such as sound walls, building orientation, landscape treatment, etc., to physically and visually buffer the non-residential uses and more intense activities adjacent to the north and south. However, environmental quality is improved by the increase of green open space, and the potential conflict with residential use has been diminished with the change of residential use to park use for the proposed area. D. IN THE CASE OF PROPOSED PARK AND COMMUNITY PURPOSE FACILITIES (CPF) USES, q~IAT SUCH DEVELOPMENT WILL BE APPROPIATE 1N AREA, LOCATION, AND OVERALL DESIGN AND DEVELOPMENT STANDARDS ARE SUCH AS TO CREATE A PARK AND CPF ENVIRONMENT OF SUSTAINED DESIRABILITY AND STABILIFX; AND THAT SUCH DEVELOPMENT WILL MEET PERFORMANCE STANDARDS ESTABLISHED BY THIS TITLE. The amended Salt Creek Ranch SPA Plan provides additional park acreage and community purpose facilities adjacent to an area that was previously planned for such uses. The additional park acreage will provide more flexibility in the overall design of the community park. The CPF and Park use are located adjacent to each other, which will be designed to serve the residents of Salt Creek Ranch and nearby neighborhoods in accordance to development standards reflective of sustained desirability and stability. Development regulations for the CPF and Park will be designed to meet the City of Chula Vista Performance Standards prescribed in chapters 19.66 and 19.68 of the Chula Vista Municipal Code. E. IN THE CASE OF PARK AND CPF USES, THAT SUCH DEVELOPMENT WILL BE APPROPRIATE IN THE AREA, LOCATION AND OVER-ALL PLANNING TO THE PURPOSE PROPOSED, AND THAT SURROUNDING AREAS ARE PROTECTED FROM ANY ADVERSE EFFECTS FROM SUCH DEVELOPMENT. The CPF and Park site are located adjacent to an area planned for Park usage, open space, and a future Jr. High School, therefore, the Park expansion and CPF re-alignment will not adversely affect surrounding areas. F. ~rlE STREET AND THOROUGHFARES PROPOSED ARE SUITABLE AND ADEQUATE TO CARRY THE ANTICIPATED TRAFFIC THEREON. The street and thoroughfares proposed within the Salt Creek Ranch SPA Plan have been planned and, according to the City's Traffic Engineer are suitable and adequate to carry the anticipated traffic flow from the CPF and Park land uses. G. ANY PROPOSED PARK AND CPF DEVELOPMENT CAN BE JUSTIFIED ECONOMICALLY AT THE LOCATION (S) PROPOSED AND WILL PROVIDE ADEQUATE PARK AND CPF USES NEEDED AT SUCH PROPOSED LOCATION (S). Parkland Acquisition Fees have been paid and Development Fees will be paid for the additional park acreage. Therefore, the park expansion can be developed to satisfy local park and recreation needs that are justified economically and needed at the proposed location. The CPF site is consistent with the Public Facilities Financing Plan. H. THE AREA SURROUNDING SAID DEVELOPMENT COULD BE PLANNED AND ZONED IN COORDINATION AND SUBSTANTIAL COMPATIBILITY WITH SAID DEVELOPMENT. The proposed CPF and Park site are highly compatible with surrounding zoned Open Space, Park, and Jr. High School; and nearby residential neighborhoods. X. APPROVAL OF SPA AMENDMENT In light of the findings described herein, the amendment to the Salt Creek Ranch Sectional Planning Area (SPA) Plan, in the form attached hereto and incorporated herein as Exhibit "B", is hereby approved. XI. APPROVAL OF AMENDMENTS TO SPA TO IMPOSE CONDITIONS In light of the findings described herein, the City Council does hereby approve amendments and impose conditions to the Salt Creek Ranch SPA Plan. XII. SPA AMENDMENT CONDITIONS OF APPROVAL 1. Implement all remaining conditions of Salt Creek Ranch SPA Plan Resolution 16555 not modified by the Resolution, which shall remain in full force and effect. 2. Prior to issuance of the first building permit, prepare, submit and obtain approval by the Director of Planning and Building of all necessary changes to the adopted Salt Creek Ranch SPA documents, maps, text and exhibits in a supplemental document to reflect Councils approval of this SPA amendment. XIII. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained accordin~g to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Resolution. XIV. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that any one or more terms, provision, or conditions are determined by a Court of competent jurisdiction top be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by Approved as to form by Robert A. Leiter John ~ql:I~atie'"ny Director of Planning & Building City Attorney H:\HOME\PLANNING\StanD\Rolling Hills Ranch\PCM 0 I-I 9 Park-CPF SPA Amendment\ CC Reso..doc ORDiNANCE NO. AN ORDiNANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROViNG AMENDMENTS TO THE SALT CREEK RANCH PLANNED COMMUNITY DISTRICTS REGULATIONS TO CHANGE THE LAND USE DESIGNATION OF A 7-ACRE PARCEL, LOCATED ON THE SOUTH SIDE OF PROCTOR VALLEY ROAD, BETWEEN HUNTE PARKWAY AND DUNCAN RANCH ROAD FROM LOW DENSITY RESIDENTIAL TO COMMUNITY PURPOSE FACILITY AND PARK; AND THE LAND USE DESIGNATION OF A 3-ACRE PARCEL ADJACENT TO THE NORTH FROM COMMUNITY PURPOSE FACILITY TO PARK. I. RECITA~LS A. Project Site WHEREAS, the area of land which is subject matter of this Ordinance is diagrammatically represented in Exhibit "A" attached hereto and incorporated herein by this reference, and commonly known as portion of Salt Creek Ranch Neighborhood 8, and for the purpose of general description herein, consists of a 7-acre parcel and an adjacent 3-acre parcel, located south of Proctor Valley Road, east of Hunte Parkway and west of Duncan Ranch Road ("Project Site"); and, '~ B. Project; Application for Discretionary Approval WHEREAS, on February 14, 2001, a duly verified application was filed with the City of Chula Vista Planning & Building Department by The EastLake Company ("Developer"), requesting approval of amendments to the Salt Creek Ranch General Development Plan, Salt Creek Ranch Sectional Planning Area (SPA) plan and Planned Community District Regulations in order to change the land use designation of a 7-acre parcel from Low Density Residential (0-3 du/ac) to Community Purpose Facility (CPF) and Park; and the land use designation ora 3-acre parcel adjacent to the north from CPF to Park ("Project); and, C. Prior Discretionary Approvals WHEREAS, the development of the Project Site has been the subject matter of various entitlements, including: 1) a General Development Plan, Salt Creek Ranch General Development Plan, previously approved by City Council Resolution No. 15875 ("GDP") on October 2, 1990; 2) a Sectional Planning Area (SPA) plan, Salt Creek Ranch Sectional Plarming Area Plan ("SPA") previously approved by City Council Resolution No. 16555 on Marcl-~ 24, 1992; 3) Planned Con'nnunity District Regulations, Salt Creek Ranch Planned Community District Regulations; 4) Design Guidelines, Salt Creek Ranch Design Guidelines; and 5) Public Facilities Finance Plan, Salt Creek Ranch Public Facilities Financing Plan all previously approved by City Council Resolution 16555 and Ordinance 2499 on March 24, 1992; Salt Creek Ranch Air Quality Improvement Plan (AQIP approved by Resolution No. 16555; 6) Tentative Subdivision Map for Salt Creek Ranch, Chula Vista Tract 92-02 previously approved by City Council Resolution 16834 on October 6, 1992, and amended on June 13, 2000 by Resolution 2000-190; and, D. Planning Commission Record on Applications WHEREAS, the Planning Commission held an advertised public hearing on the Project on March 28, 2001 and after hearing staff presentation and public testimony, voted 6-0 to recommend that the City Council approve the Project, in accordance with the findings listed below; and, E. City Council Record on Applications ~gHEREAS, a duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on April 10, 2001, on the Project and to receive the recommendations of the Planning Commission, and to hear public testimony with regard to same; and, WHEREAS, the City Clerk set the time and place for a hearing on said Planned Community Districts Regulations amendment application and notice of said heating, together with its purpose, was given by its publication in a newspaper of general cimulation in the City, and its mailing to property owners within 500 ft. of the exterior boundary of the project at least 10 days prior to the hearing; and, WHEREAS, the heating was held at the time and place as advertised, namely 6:00 p.m., April 10, 2001, in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed; and, F. Discretionary Approvals Resolution and Ordinance WHEREAS, at the same City Council meeting at which this Ordinance was introduced for first reading (April 10, 2001), the City Council of the City of Chula Vista approved Resolution No. by which it imposed amendments on the Salt Creek Ranch General Development Plan, Salt Creek Ranch Sectional Planning Area (SPA) plan; and, WHEREAS, in accordance with Section 15164 of the California Environmental Quality Act (CEQA) Guidelines, the City Environmental Review Coordinator prepared an addendum (IS-01-29) to the Final Salt Creek SEIR-91-03, which was approved by the City Council on December 19, 2000 with the approval of the Park Agreement. Therefore, no further environmental review is required, and no further action is necessary. II NOW, THEREFORE, the City Council of the City of Chula Vista does hereby find, determine and ordain as follows: A. Findings for Planned Community District Regulations Amendment The City Council hereby finds that the proposed amendments to the Salt Creek Ranch Planned Community District Regulations and Land Use Districts Map are consistent with the City of Chula Vista General Plan, and public necessity, convenience, the general welfare and good zoning practice support the amendment. B. Approval of Zone Amendment The City Council does hereby approve the amendment to the Salt Creek Ranch Planned Community District Regulations and Land Use District Map as represented in Exhibit B. III. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that adoption of this Ordinance 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 Ordinance shall be deemed to be automatically revoked and of no further force and effect ab initio. IV. EFFECTIVE DATE This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by Approved as to form by Robert A. Leiter Joh~I~heny Director of Planning City Attorney H:\HOME\PLANNING\StanD\Rolling Hills RanchkPCM 01-19 Park-CPF SPA Amendment\PCM 01-19.CC Ord.doc CITY OF CHULA VISTA PLANNING & BUILDING DEPARTMENT PROJECT Pacific Bay Homes PROJECT DESCRIPTION: APPLICANT:  PROJECT So. Of ProclorVal,eyRdBetween Adopted Land Use LOCATION: Hunte Pk',vy & Duncan Rd. SCALE: I FILE NUMBER: No.eI PCM-01-~9 EXHIBIT ' A CITY OF CHULA VISTA PLANNING & BUILDING DEPARTMENT PROJECT Pacific Bay Homes PROJECT DESCRIPTION: APPLICANT:  PROJECT So. Of PrcctorVal,eyRdBetweenProposed Land Use LOCATION: Hunte Pkwy & Duncan Rd. ~O^~E~ I ~,~E.~ER: EXH I B IT B None PCM - 01 - 19 '" I COUNCIL AGENDA STATEMENT Item ] ~ Meeting Date 4/10/01 ITEM TITLE: A) Resolution Approving Final Maps of Chula Vista Tract No. 92-02, Salt Creek Ranch, Neighborhood 8, Units 1 and 2, accepting on behalf of the City of Chula Vista a portion of Duncan Ranch Road and the various public easements, all as granted on said maps within said subdivisions, and approving the Subdivision Improvement Agreements for the completion of improvements required by said Subdivisions and authorizing the Mayor to execute said Agreements. B) Resolution Approving Supplemental Subdivision improvement Agreement for Chula Vista Tract No.92-02, Salt Creek Ranch, Neighborhood 8, Units 1 and 2 requiring Pacific Bay Properties to comply with certain unfulfilled conditions of Resolutions 16834 and 2000-190 and authorizing the Mayor to execute said Agreement. SUBMITTED BY: D~rector ofPubhc Wor REVIEWED BY: City Manager ~ (4/5tbs Vote: Yes NoX) On October 6, 1992, by Resolution 16834, City Council approved the Tentative Subdivision Map for Chula Vista Tract No. 92-02, Salt Creek Ranch ("Project"). Said Tentative Map was approved ba~sed on certain conditions in which Pacific Bay Properties, A California Corporation ("Developer") agreed to comply with and which were established by said Resolution. The neighborhood boundaries were delineated on said Tentative Map. The Final Maps for Neighborhood 8, Units 1 and 2, and the Subdivision Improvement Agreements and Supplemental Subdivision Improvement Agreement for said neighborhood are now before Council for consideration and approval. It shall be noted that approval of the subject final maps and agreements is contingent upon the approval of the Salt Creek Ranch SPA plan amendment being considered before Council tonight. RECOMMENDATION: That Council adopt the resolutions approving: (A) the Final Maps and Subdivision Improvement Agreements; (B) the Supplemental Subdivision Improvement Agreement; and authorizing the Mayor to execute said Agreements for Salt Creek Ranch, Neighborhood 8, Units 1 and2. BOARD/COMMISSIONS RECOMMENDATIONS: Not Applicable Page 2, Item Meeting Date 4/10/01 DISCUSSION: Final Maps Neighborhood 8, Units 1 and 2 are the second set of final maps for Phase 2 of the Salt Creek Ranch Development (also -known as the Rolling Hills Ranch Development). Neighborhood 8 is generally located south of Proctor Valley Road and east of Hunte Parkway (see Attachment 1). The final maps for each unit consist of the following: Number of Number of Number of Lots Number of Final Map Residential Lots for Open for Public Park Lots for a Total Acreage Lots Space, Public Purposes Community Uses Purpose Facility Site Neighborhood 8, 0 1 1 (27.553 AC) 1 (3.000 AC) 45.494 Unit 1 Neighborhood 8, 139 22 0 0 72.195 Unit 2 TOTALS 139 23 1 (27.553 AC) 1 (3.000 AC) I 117.689 Plats for Neighborhood 8, Units 1 and 2 are attached as Attachment 2A and 2B, respectively. The fmal maps for the two subdivisions have been reviewed by the Department of Public Works m~d Department of Plarming & Building and found to be in substantial conformance with the approved Tentative Map. Approval of the maps constitutes acceptance by the City of all drainage, sewer, tree planting & maintenance, landscape buffer & sidewalk, general utility, and general access easements within each of the corresponding subdivisions. Approval of the final maps also constitutes acceptance, on behalf of the public, of the following streets: FINAL MAP DEDICATED STREETS Neighborhood 8, Unit 1 No streets dedicated with this map. Neighborhood 8, Unit 2 Portion of Duncan Ranch Road. Irrevocable Offer(s) of Dedication At this time, the City is acknowledging the Irrevocable Offer(s) of Dedication (IOD's) for Lot "A" (Neighborhood 8, Unit 1) and Lot "A" (Neighborhood 8, Unit 2) for open space and other public purposes. The remaining open space lots shown on the final maps before Council today for approval were not offered IOD's to the City because they will be private open space. However, all open space lots will be maintained by the Rolling Hills Ranch Home Owner's Association (HOA). An IOD for the proposed City park site (Lot "B', Neighborhood 8, Unit 1) was previously offered by the Developer in order to satisfy the park land acquisition fee component of the Park Acquisition and Development (PAD) fee associated with the Project and to satisfy a portion of Condition No. 69 of Page 3, Item Meeting Date 4/10/01 Resolution 16834. Construction of the City park site is addressed in the Supplemental Subdivision Improvement Agreement (SSIA) before Council today. It should be noted, however, that under Section 7050 of the Government Code of the State of California, the aforementioned offers of dedication remain open and subject to future acceptance by the City. Final Map Agreements The developer has executed Subdivision Improvement Agreements for each of the two maps and has provided bonds to guarantee construction of the required improvements and to guarantee the subdivision monumentation. The developer has paid all applicable fees. The Subdivision Improvement Agreements are attached and bonds are on file in the office of the City Clerk. The improvement securities to guarantee labor, material, faithful performance, and monumentation are as follows: Public Improvements Labor & Materials Faithful Performance Monumentation Neighborhood 8, Unit 1 $352,650.00 $352,650.00 $10,000.00 Neighborhood 8, Unit 2 $1,713,280.00 $1,713,280.00 $10,000.00 The developer has also executed one Supplemental Subdivision Improvement Agreement for the two maps in order to satisfy Tentative Map Condition Nos. 1, 2, 3, 4, 13, 14, 27, 55, 60, 61, 69, 70, 71, 73, 83, 87, 93, 94, 102, 108, 121,123, 124, 125 and 126 of Resolutions 16834 and 2000~190 for Chula Vista Tract No 92-02, Salt Creek Ranch. Resolution 2000-190 limits the number of units which may be mapped before certain street improvements have been constructed. These maps are in compliance with the threshold set forth. The Developer has agreed, unless otherwise conditioned, to comply with all unfulfilled conditions of approval of the Salt Creek Ranch Tentative Map, Tract 92-02 established by Resolutions 16834 approved by Council on October 6, 1992 and 2000-190 approved by Council on June 13, 2000. The Developer's Disclosure Statement is attached as Attachment 4. FISCAL IMPACT: None to the General Fund. All staff costs associated with processing of Improvement plans and final maps will be reimbursed from the Developer's deposits. Attachments: Attachment 1: Salt Creek Ranch Location Map Attachment 2A: Plat- Salt Creek Ranch Neighborhood 8, Unit 1 Attachment 2B: Plat- Salt Creek Ranch Neighborhood 8, Unit 2 Attachment 3: Developer's Disclosure Statement [FILE NOS. 0600-80-RH210F AND 0600-80-RH2 i IF] H:\HOME\ENGINEER\LANDDEV\Rolling Hills Ranch\CASFMRHRN8UI&2.get.doc A ,mT-ACHMEN~- ~ / SALT CREEK RANCH NEIGHBORHOOD 8 UNIT 2 40o 0 4oo 80o 1200 HUNSAKER SCALE l" = 400' & ASSOCIATES SALT CREEK RANCH NEIGHBORHOOD 8 UNIT 1 400 0 400 800 1200 = 400' HUNSAKER SCALE 1" ASSOCIATES R:\OII9\OI19YO19 - I~0. 141J-47 '~ If shy pecan* ~ ;?.~ F.w~nt to (1) above Js a ~Zml~O~t o~..; ,=Hon or a ~ust. 1/st the ~ of serving as ~ of the non-pratt org~i,~Hon or as mmme or bcmefi~iary or txustor of tl~ Izuzt. 4. Have y~a 1~i m~re than $'250 wroth of bm/ness tmmac~i with any member of ~ Ci~ s~, ~, ~,-,~, Co~, ~ ~ ~h~ ~ ~ ~e~e ~? Ym~ No~ ~ y~, p~ ~ ~s):_ 5. p~ ~ ~ ~ ~ ~ ~g ~, ~, co~dt.~s, or ~ Co~o~ who 6. ~vo~~ o~ ~ ~, ~ ~ ~, ~ ~ t~n $1,~ ~ a C~ ~ H:~IOML~ENGINEER~LANDDHV~FORMS~DISCLOSE.FRM RESOLUTION NO.. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FINAL MAPS OF CHULA VISTA TRACT NO. 92-02 SALT CREEK P~ANCH, NEIGHBORHOOD 8, UNITS 1 AND 2, ACCEPTING ON BEHALF OF THE CITY A PORTION OF DUNCAN RANCH ROAD AND THE VARIOUS PUBLIC EASEMENTS, ALL AS GRANTED ON SAID MAPS WITHIN SAID suBDIvISIONS, AND APPROVING SUBDIVISION IMPROVEMENT AGREEMENTS FOR THE COMPLETION OF IMPROVEMENTS, AIqD AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby finds that certain map survey entitled Chula Vista Tract 92-02 Salt Creek Ranch, Neighborhood 8, Unit 1, and more particularly described as follows: Being a subdivision of a portion of section 26, Township 17 South, Range One West, San Bernardino Meridian, in the City of Chula Vista, County of San Diego, State of California, according to the United States Government Survey thereof. Area: 45.494 acres No. of Lots: 3 Numbered Lots:l Lettered Lots:2 is made in the manner and form prescribed by law and conform to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City of Chula Vista the sewer easement with the rights of ingress and egress for the installation and maintenance of public sewerage facilities, the drainage and access easements easements with the rights of ingress and egress for the installation and maintenance of public drainage facilities, and the recreational trail easements. BE IT FURTHER RESOLVED said Council hereby acknowledges on behalf of the City of Chula Vista, the Irrevocable Offer of Grant of Fee Interest in Lot "A" for open space and other public purposes as shown on this map within this subdivision, noting that Section 7050 of the Government Code of the State of California provides that such offers of dedication may be accepted at any future time by the City Council. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be, and 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 the installation and maintenance of sewerage facilities and drainage facilities as well as the recreational trail easements, as granted thereon and shown on said map within said subdivision are accepted on behalf of the City of Chula Vista as hereinbefore stated. BE IT FURTHER RESOLVED that the City Clerk be, and is hereby directed to transmit said map to the Clerk of the Board of Supervisors. BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement, a copy of which shall be kept on file in the office of the City Clerk for the completion of improvements in said subdivision, is hereby approved. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby finds that certain map survey entitled Chula Vista Tract 92-02 Salt Creek Ranch, Neighborhood 8, Unit 2, and more particularly described as follows: Being a subdivision of a portion of section 26, Township 17 South, Range One West, San Bernardino Meridian, in the City of Chula Vista, County of San Diego, State of California, according to the United States Government Survey thereof. Area: 72.195 acres No. of Lots: 165 Numbered Lots: 139 Lettered Lots: 26 is made in the manner and form prescribed by law and conform to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City of Chula Vista a portion of Duncan Ranch 2 Road; a 5.5 foot easement with the right of ingress and egress for the construction and maintenance of tree planting along Duncan Ranch Road, the sight visibility easements with the rights of ingress and egress within Lots "Q", "R" and '~S", and the assignable and irrevocable general utility and access easements. BE IT FURTHER RESOLVED said Council hereby acknowledges on behalf of the City of Chula Vista, the Irrevocable Offer of Grant of Fee Interest in Lots "A", "B", "C", nE", ~F", "Q", "R", and "S" for open space and other public purposes as shown on this map within this subdivision, noting that Section 7050 of the Government Code of the State of California provides that such offers of dedication may be accepted at any future time by the City Council. BE IT FURTHER RESOLVED that the City Clerk of the Cit~ of Chula Vista be, and is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that said public street is dedicated for public use, and that those certain easements with the right of ingress and egress for the construction and maintenance of street tree planting, sight visibility and general utility and access, as granted thereon and shown on said map within said subdivision are accepted on behalf of the City of Chula Vista as hereinbefore stated. BE IT FURTHER RESOLVED that the City Clerk be, and is hereby directed to transmit said map to the Clerk of the Board of Supervisors. BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement, a copy of which shall be kept on file in the office of the City Clerk for the completion of improvements in said subdivision, is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula vista is hereby authorized and directed to execute said Subdivision Improvement Agreements on behalf of the City of Chula Vista. 3 Presented by Approved as to form by John P. Lippitt John M. Kaheny Director of Public Works City Attorney 4 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 92-02, SALT CREEK RANCH, NEIGHBORHOOD 8, UNITS 1 AND 2, REQUIRING PACIFIC BAY HOMES TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTIONS 16834 AND 2000-190 AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, Pacific Bay Homes has executed a Supplemental Subdivision Improvement Agreement to satisfy remaining conditions of City Council Resolution Nos. 16834 and 2000-190. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the Supplemental Subdivision Improvement Agreement for Chula Vista Tract No. 92-02, Salt Creek Ranch, Neighborhood 8, Units 1 and 2, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized to execute said Agreement on behalf of the City of Chula Vista. Presented by Approved as to form by John P. Lippitt J~y Director of Public Works City Attorney [H:/HOMELATTORNEY/RESO\ssia SCR Neighborhood 8 Units I and 2 (April 5, 2001 (12:15PM)]