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Agenda Packet 2001/05/01
CITY COUNCIL AGENDA May 1, 2001 4:00 p.m. Council Chambers Public Services Building 276 Fourth Avenue, Chula Vista CIIY OF CHUIA 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 May 1, 20014:00 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 TO THE EMPLOYEE OF THE MONTH, MARSHA MEAD, ACCOUNTiNG ASSISTANT III · PRESENTATION OF THE HOST CITY AWARD BY JACK BLAKELY, EXECUTIVE DIRECTOR OF THE CHULA VISTA DOWNTOWN BUSINESS ASSOCIATION · pRESENTATION OF A PROCLAMATION PROCLAIMiNG THE WEEK OF MAY 6 THROUGH MAY 12, 2001 AS YOUTH WEEK TO HOPPY HOPKiNS, EXALTED RULER OF THE CHULA VISTA ELKS #2011, AND GARRY HUMMEL, YOUTH ACTIVITIES CHAIRMAN · pRESENTATION BY BUZZ SCHOTT, DLRECTOR - REGIONAL AND GOVERNMENTAL PUBLIC AFFAIRS, SAN DIEGO GAS & ELECTRIC REGARDING ENERGY ISSUES CONSENT CALENDAR (Items 1 through 7) 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 after Action Items. Items pulled by the public will be the first items of business. 1. WRITTEN COMMUNICATIONS A. Letter from the City Attorney stating that to the best of his knowledge from observance of actions taken in Closed Session on April 24, 2001, there were no actions taken which are required under the Brown Act to be reported. Staffrecommendation: The letter be received and filed. B. Letter of resignation from Jeffrey Scott, member of the Human Relations Commission. Staff recommendation: The resignation be accepted with regret and the City Clerk be directed to post immediately in accordance with the Maddy Act. 2. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDED OTAY RANCH SECTIONAL PLANNING AREA (SPA) ONE PLANNED COMMUNITx) DISTRICT REGULATIONS TO MODIFY THE ZONING DISTRICT MAP FOR VILLAGE ONE WEST (SECOND READING AND ADOPTION) The Otay Ranch Company has applied to amend the Otay Ranch SPA One Plan and Sunbow II SPA Plan to adjust the boundary between the two master planned communities and to subdivide the south portion of Village One West in Otay Ranch into 523 lots on approximately 147.7 acres of land. This ordinance had its first reading on April 24, 2001. (Director of Planning and Building) Staff recommendation: Council place the ordinance on second reading for adoption. 3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY ENGINEER TO ISSUE ENCROACHMENT PERMIT NO. PE-497 FOR THE CONSTRUCTION OF A SIX-INCH PR1VATE STORM DRAIN FORCE MAIN FOR THE ROLLING HILLS RANCH SUBDIVISION LOCATED WITHIN THE PROCTOR VALLEY ROAD RIGHT-OF-WAY Pacific Bay Homes, owners of the Rolling Hills Ranch subdivision, also known as Salt Creek Ranch, are proposing to construct a six-inch private storm drain force main within the Proctor Valley Road right-of-way. This portion of the Proctor Valley Road right-of- way was granted and accepted for public street purposes on Map No. 14165. According to Section 12.28 of the Municipal Code, any permanent structures built within right-of- way or City easements, such as private storm drain systems, require Council approval, utilizing the encroachment permit process. (Director of Public Works) Staff recommendation: Council adopt the resolution. 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RATIFYING THE ANNUAL SUBMITTAL OF AN APPLICATION TO THE DEPARTMENT OF CONSERVATION, DIVISION OF RECYCLING (DOR) FOR THE LITTER REDUCTION AND RECYCLING ACTiVITY GRANT, AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS IN CONJUNCTION WITH EXECUTING THE GRANT The Beverage Container and Litter Reduction Act requires California businesses that sell beverage containers to collect a deposit. Consumers may obtain a refund on their deposit at certified redemption centers throughout the State. Historically, the deposit fund has carried a large annual surplus, and the Act now mandates that a portion of the funds be used to provide annual payments to local governments for litter reduction and collection programs that encourage recycling. The 2001/2002 allocation is approximately $50,000. If the City does not accept the funds, those allocated to Chula Vista will return to the State deposit fund. (Special Operations Manager) Staff recommendation: Council adopt the resolution. Page 2 - Council Agenda 05/01/01 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2000/2001 BUDGET FOR THE PARKS AND RECREATION DEPARTMENT BY APPROPRIATING $6,000 1N UNANTICIPATED REVENUE AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY AND CHULA VISTA MIDDLE SCHOOL DISTRICT FOR THE CITY TO PROVIDE EXTENDED AFTER-SCHOOL PROGRAMS (4/5THS VOTE REQUIRED) Parks and Recreation currently provides after school programming at Chula Vista Middle School. Due to the success of the program, the school requested that additional hours of daily programming be provided by the department to be funded from a 21st Century Grant in the amount of $6,000. (Director of Parks and Recreation) Staff recommendation: Council adopt the resolution. 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE PURCHASE OF WlLDLAND STRIKE TEAM EQUIPMENT AND AMENDING THE FISCAL YEAR 2000/2001 BUDGET BY APPROPRIATING $30,000 TO THE FIRE DEPARTMENT FROM THE AVAILABLE FUND BALANCE OF THE GENERAL FUND (4/5THS VOTE REQUIRED) The Chula Vista Fire Department is required to respond to wildland fires, both within the City and throughout the State. The wildland fire season usually runs from April 1st through November 31st. Depending on the time of year and terrain of the wildland fire, firefighters can experience extreme temperature changes and very strenuous work conditions. It is necessary to provide improved equipment, which will allow fire fighters to be more productive during their work period and rest effectively when not actively fighting fire. This equipment will consist of a large storage box, "out of county" personal bags, large storage bags, tents, sleeping bags, sleeping pads, weather kits, and emergency food rations. (Fire Chief) Staff recommendation: Council adopt the resolution. 7 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL "B" MAPS FOR OTAY RANCH, VILLAGE ONE WEST, NEIGHBORHOODS R-49B, R-50A, AND R-50B, CHULA VISTA TRACT NO. 98-06, ACCEPTING ON BEHALF OF THE CITY THE ASSIGNABLE AND IRREVOCABLE GENERAL UTILITY, ACCESS, AND WALL EASEMENTS, APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENTS FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISIONS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE "B" MAPS, SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENTS FOR OTAY RANCH VILLAGE ONE WEST, NEIGHBORHOODS R- 49B, R-50A, AND R-50B, PORTION OF VILLAGE ONE WEST, OTAY RANCH SPA ONE, REQUIRING DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTION NO. 19572, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Page 3 - Council Agenda 05/01/01 On August 17, 1999, Council approved a Tentative Subdivision Map for Chula Vista Tract 98-06, Otay Ranch, SPA One, Village One West. On August 22, 2000, Council approved Village One West "A" Map No. 1. On October 24, 2000, Council approved four Final "B" Maps within Village One West. On March 27, 2001, Council approved one Final "B" Map within Village One West. Adoption of the resolutions will approve three additional nal B Maps w~th~n Vdlage One West. (Director of Public Works) Fi ....... Staff recommendation: Council adopt the resolutions. ORAL COMMUNICATIONS Persons speaking during Oral Communications may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from 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. 8. CONSIDERATION OF ADOPTION OF AN URGENCY ORDINANCE AMENDING CITY ORDINANCES 1670, 2507, AND 2509, AND AMENDING CHAPTERS X (BUILDING AND HOUSING), XIV (PLANNING), AND XV (FIRE) OF THE CITY'S MASTER FEE SCHEDULE On April 17, 2001, Council adopted an ordinance amending the City's Master Fee Schedule, to take effect 60 days thereafter. On April 3, 2001 Council adopted Urgency Ordinance No. 283 l-A, the first in a series of three 30-day urgency ordinances, necessary for immediate implementation of the proposed reduction of fees. Adoption of this urgency ordinance will continue the fee changes imposed by Urgency Ordinance No. 2831-A for an additional 30 days. (Director of Planning and Building/Director of Budget and Analysis) Staff recommendation: Council adopt the following urgency ordinance: URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING ORDINANCE 1670 RELATING TO SIGN PERMIT AND PLAN REVIEW FEES; AND 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 Page 4 - Council Agenda 05/01/01 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. 9. CONSIDERATION OF APPROVAL OF THE MASTER PLAN FOR THE pROPOSED EASTLAKE GREENS NEIGHBORHOOD, SUNSET VIEW PARK, AND THE REVISED EASEMENT FOR OTAY WATER DISTRICT The EastLake Company is requesting approval o£ the revised Park Master Plan for the public neighborhood park site in the EastLake Greens subdivision. The park site will also include an Otay Water District below-grade reclaimed water reservoir. (Director of Parks and Recreation) Staff recommendation: Council adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MASTER PLAN FOR THE PROPOSED EASTLAKE GREENS NEIGHBORHOOD, SUNSET VIEW PARK, AND THE REVISED EASEMENT FOR OTAY WATER DISTRICT 10. CONSIDERATION OF ADOPTION OF A RESOLUTION AMENDING THE FISCAL YEAR 2000/2001 BUDGET BY APPROPRIATING $480,154 TO THE FIRE DEPARTMENT FROM THE AVAILABLE FUND BALANCE OF THE GENERAL FUND AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A JOINT POWERS AGREEMENT WITH THE HEARTLAND COMMUNICATIONS AUTHORITY FOR FIRE DISPATCHING SERVICES Currently Chula Vista has joint agreements with the City of Imperial Beach and the Bonita Suunyside Fire Protection District to provide fire dispatch services. However, due to the growing size, volume o£ calls, increasingly complex automation and separate knowledge bases required for dispatching tim/medical and police, there is a growing need for a single role function focused on fire dispatching only. (Fire Chief) Staffrecommendation: Council adopt the £ollowing resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2000/2001 BUDGET BY APPROPRIATING $480,154 TO THE FIRE DEPARTMENT FROM THE AVAILABLE FUND BALANCE OF THE GENERAL FUND AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A JOINT POWERS AGREEMENT WITH THE HEARTLAND COMMUNICATIONS AUTHORITY FOR FIRE DISPATCHING SERVICES (4/5THS VOTE REQUIRED) 05/01/01 Page 5 - Council Agenda ITEMS PULLED FROM THE CONSENT CALENDAR OTHER BUSINESS 11. CITY MANAGER'S REPORTS A. Scheduling of meetings. 12. MAYOR'S REPORTS 13. COUNCIL COMMENTS ADJOURNMENT to the Regular Meeting of May 8, 2001, at 6:00 p.m. in thc Council Chambers. Page 6 ~ Council Agenda 05/01/01 March 14, 2001 MEMO TO: Donna Norris, Deputy City Attorney FROM: Patricia Salvacion, Mayor & Council office SUBJECT: SPECIAL ORDERS OF THE DAY- MAY 1, 2001 Please docket the following proclamation to be presented at the above council meeting: PROCLAIMING THE WEEK OF MAY 6 THROUGH MAY 12, 2001 AS YOUTH WEEK Hoppy Hopkins, Exalted Ruler of the Chula Vista Elks #2011, and Garry Hummel, Youth Activities Chairman will accept the proclamation. CI'IY OF CHULA VISI'A OFFICE OF THE CITY A'I-rORNEY Date April 25, 2001 To: The Honorable Mayor and City Council From: John M. Kaheny, City Attorney~~/ Re: Report Regarding Actions Taken in Closed Session for the Meeting of 4/24/01 The City Council of the City of Chula Vista met in Closed Session on 4/24/01 to discuss: ® 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 City of Chula Vista (Sid Morris, Chris Salomone), Parties: American Golf, County of San Diego, C. W. Clark, Inc. (C. W. Clark), The Phair Co. (Jeff Phair), Scott Robinson and Chris Bitterlin Under Purchase price/lease rate and other terms and Negotiation: conditions for possible disposition of City-owned property and/or lease buy-out restructure. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B): One case · CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A): A. city of Chula Vista v. Clancy Constructors (SBSC) 276FOURTHAVENUE.CHU~VISTA.CALIFORNIAglg10o(619)~l~37- ~X(619)~1~409'5828 The Honorable Mayor and city Council April 25, 2001 Page Two B. City of Chula Vista v. Jerry Seeman (SBSC 5113) CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(C): One case The City Attorney hereby reports to the best of his knowledge from observance of actions taken in the Closed Session in which the City Attorney participated, that there were no reportable actions which are required under the Brown Act to be reported. JMK:lgk CITY OF CHULA VISTA RECEIVED ~1 &°R 25 A9:40 AprU 22, 2001 CITY OF CHLJLA VIS i; CITY CLERK'S 0FFIC~ Jeffrey Scott ~83 Newto~ Avenue San Diego CA 92113 To: Virgil Pina, Ch~man Members, Chula Vista Human Relations Commission Joyce Sculark, Secretary Chula Vists HRC City Clerk City of Chula Vista Re: Resignation This is to advise you that effective immediatety, I am only serving one te~-m and resign from the Human Relations Commission. Jeffrey Scott ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDED OTAY RANCH SECTIONAL PLANNING AREA (SPA) ONE PLANNED COMMUNITY DISTRICT REGULATIONS TO MODIFY THE ZONING DISTRICT MAP FOR VILLAGE ONE WEST. VirHEREAS, the property which is the subject matter of this ordinance is identified as Exhibit "A" attached hereto and described on Chula Vista Tract 98-06A, and is commonly known as Village One West (South) ("Property"); and, WHEREAS, an application to amend the Sectional Planning Area (SPA) One Planned Community District Regulations Zoning District Map was filed with the City of Chula Vista Planning and Building Department on December 6, 2000 by Otay Project, LLC, The Otay Ranch Company ("Applicant"); and, WHEREAS, the modified Otay Ranch SPA One Planned Community District Regulations Zoning District Map is intended to ensure that the Otay Ranch SPA One Plan is prepared in accordance with the Otay Ranch General Development Plan (GDP), to implement the City of Chula Vista General Plan for eastern Chula Vista, to promote the orderly planning and long term phased development of the Otay Ranch GDP and to establish conditions which will enable the amended Otay Ranch SPA One area to exist in harmony within the community ("Project"); and, WHEREAS, the amended Otay Ranch SPA One Planned Community District Regulations and Zoning District Map is established pursuant to Title 19 of the Chula Vista Municipal Code, specifically Chapter l 9.48 (PC) Planned Community Zone, and are applicable the Otay Ranch SPA One Land Use Plan of the amended SPA One Plan; and, WHEREAS, the amended Otay Ranch SPA One Planned Community District Regulations modifies the SPA One Zoning District Map to reflect zoning district boundary adjustments to the Single-Farfiily Three, Single-Family Four, and Open Space/Park One Zoning Districts located in south portion of Otay Ranch Village One West; and, WHEREAS, the development of the Property has been the subject matter of a Sectional Planning Area One Plan ("SPA One Plan") previously approved by the City Council on June 4, 1996 by Resolution No. 18286, and as amended on Febmary 16, 1999 by Resolution No. 19375, wherein the City Council, in the environmental evaluation of said SPA One Plan, relied in part on the original Otay Ranch SPA One Plan Final Environmental Impact Report No. 95-01, S CH #94101046 ("EIR 95-01 "), and the amended Otay Ranch SPA One Plan Final Environmental Impact Report No. 97-03, SCH #97091079 ("EIR 97-03"); and, WHEREAS, an amendment to the Otay Ranch GDP was approved by the City Council of the City of Chula Vista on November 10, 1998 and an amendment to the SPA One Plan was approved by the City Council of the City of Chula Vista on February 16, 1999 by Resolution No. Ordinance No. Page 2 19375 (PCM 97-11), which added Village One West to the Otay Ranch SPA One area; and, WHEREAS, the amended Otay Ranch SPA One Plan refines and implements the land plans, goals, objectives and policies of the Otay Ranch GDP as adopted by the City Council of the City of Chula Vista on October, 23, 1993, and as amended on May 14, 1996, and November 10, 1998; and, WHEREAS, this Project is a subsequent activity in the program of development environmentally evaluated under Program EIR 90-01, FEIR 95-01, FEIR 97-03, that is virtually identical in all relevant respects, including lot size, lot numbers, lot configurations, transportation corridors, etc., to the project descriptions in said former enviromnental evaluations; and WHEREAS, the City's Environmental Review Coordinator has determined that any impacts associated with the proposed amendment to the Otay Ranch Sectional Planning Area One (SPA) Planned Community District Regulations modifying the SPA One Zoning District Map, to reflect zoning district boundary adjustments to the Single-Family Three, Single-Family Four, and Open Space/Park One Zoning Districts located in south portion of Otay Ranch Village One West have been previously identified in amended SPA One Plan FEIR 97-03 and has therefore, prepared an addendum to that document, identified as Exhibit "D" in the amended Otay Ranch SPA One Resolution No. ; and, WHEREAS, the Planning Commission set the time and place for a hearing on said Otay Ranch Sectional Planning Area (SPA) One Plan amendment (PCM-01-09) and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the Project site at least ten days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, 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, by a vote of 6-0-0-1, the Planning Cormnission recommended approval the project; and, WHEREAS, a public hearing was scheduled before the City Council of the City of Chula Vista on the Otay Ranch SPA One Amendment modifying the neighborhood boundaries on the SPA One Land Use Map, and Village One West Land Use Map, and adopting the ordinance to modify the Otay Ranch SPA One Planned Community District Regulations Zoning District Map for Village One West; and, NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL of the City of Chula Vista does hereby find, determine, resolve and order as follows: Ordinance No. Page 3 I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on the amended SPA One Plan held on March 28, 2001 and the minutes and resolutions theretSom, are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision makers, shall comprise the entire record of the proceedings for any California Environmental Quality Act (CEQA) claims. II. ACTION The City Council hereby approves an amendment to the SPA One Planned Community District Regulations modifying the Zoning District Map of the SPA One Planned Community District Regulations, identified as Exhibit "B" in this ordinance, finding that they are consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan, Otay Ranch SPA One Plan, and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning and zoning practice support their approval and implementation. III. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council hereby finds that the Project, as described and analyzed in the FEIR 97-03, would have no new effects that were not examined in said FEIR [Guideline 15168 (c)(2)]; and IV. CEQA FINDING REGARDING PROJECT WITHIN SCOPE OF PRIOR EIR The City Council hereby finds that: (1) there were no changes in the Project from the FEIR 97-03 which would require revisions of said reports; (2) no substantial changes have occurred with respect to the circumstances under which the Project is undertaken since the previous reports; (3) and no new information of substantial importance to the Project has become available since the issuance and approval of the prior reports; and that, therefore, no new effects could occur or no new mitigation measures will be required in addition to those already in existence and made a condition for Project implementation. Therefore, the City Council approves the Project as an activity that is within the scope of the project covered by the FEIR 97-03 [Guideline 15168(c)(2) and 15162(a)]. V. INDEPENDENT JUDGEMENT OF CITY COUNCIL The City Council found that pursuant to Resolution No. that the Addendum prepared to Otay Ranch SPA One EIR 97-03 identified as Exhibit "D" in the amended Otay Ranch SPA One Resolution No. reflects the independent judgement of the Ordinance No. Page 4 City Council of the City of Chula Vista and adopted the Addendum to Otay Ranch SPA One EIR 97-03. VI. INCORPORATION OF ALL MITIGATION MEASURES AND ALTERNATIVES The City Council does hereby re-adopt and incorporate herein as conditions for this approval all applicable mitigation measures and alternatives, as set forth in the findings adopted in the Mitigation Monitoring Program for FEIR 97-03. VII. NOTICE WITH LATER ACTIVITIES The City Council does hereby give notice, to the extent required by law, that this Project was fully described and analyzed and is within the scope of the FEIR 97-03 adequately describes and analyzes this project for the purposes of CEQA [Guideline 15168(e)]. VIII. CONSISTENCY WITH THE GENERAL PLAN The proposed Project is consistent with the General Plan for the following reasons: A. THE PROPOSED SPA ONE PLAN AMENDMENT MODIFYING THE SPA ONE PLANNED COMMUNITY DISTRICT REGULATIONS ZONING DISTRICT MAP IS IN CONFORMITY WITH THE CHULA VISTA GENERAL PLAN. The Otay Ranch Sectional Planning Area (SPA) Plan Amendment modifying the Otay Ranch SPA One Zoning District Map reflects the land uses, circulation system, open space and recreational uses, and public facility uses consistent with the Otay Ranch General Development Plan and Chula Vista General Plan. B. THE PROPOSED OTAY RANCH SECTIONAL PLANNING AREA (SPA) PLAN AMENDMENT WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREA. The SPA One Plan Amendments contain provisions and requirements to ensure the or&fly, phased development of the project. C. THE PROPOSED OTAY RANCH SECTIONAL PLANNING AREA (SPA) PLAN AMENDMENT WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. The land uses within Otay Ranch are designed with an open space buffer adjacent to other existing projects, and future developments off-site and within the Otay Ranch Ordinance No. Page 5 Sectional Planning Area One. A neighborhood park will be located within the Village One West area to serve the project residents, and the project will provide housing types compatible with Sunbow Master Planned Community, as required by the General Development Plan. A comprehensive street network serves the project and provides for access to off-site adjacent properties. The proposed plan closely follows all existing environmental protection guidelines and will avoid unacceptable off-site impacts through the provision of mitigation measures specified in the Otay Ranch Environmental Impact Report. Presented by Approved as to form by Robert Leiter John M. Kaheny Planning and Building Director City Attorney Ordinance No. Page 6 PASSED, APPROVED, AND ADOPTED by the City Cotmcil of the City of Chula Vista, California, this 24~ day of April, 2001, by the following vote: AYES: Councilmembers: Davis, Rindone, Padilla, Salas and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Shirley Horton, Mayor ATTEST: Susan Bigelow, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 24thday of April, 2001. Executed this 24th day of April, 2001. Susan Bigelow, City Clerk P-13 PARK SITE FUTURE ELEMENTARY PROJECT BOUNDARY CHULA VISTA PLANNING AND BUILDING DEPARTMENT PROJECT APPLICANt: OTAY PROJECT LoP, SPA AMENDMEN R~¥ISED otay Ranch Village One West (S) PROJECT east of Paseo Ranchero, so~th of East REQU ESl: ./~,1~'T~,~'[¥~ ~,~P ADDRESS: Palomar & north of Olympic Parkway ~econfigure residen~f~l nei§hborho~d,s ; ' ~ LOCATOR FILENUMBER: : i~ No Scale PCM- 01-09 · COUNCIL AGENDA STATEMENT Item Meeting Date 5/1/01 ITEM TITLE: Resolution Authorizing the City Engineer to issue Encroachment Permit No. PE-497 for the construction of a permanent six-inch (6") Private Storm Drain Force Main for the Rolling Hills Ranch subdivision located within Proctor Valley Road Right-of-Way. SUBMITTED BY: Director of Public Workc~ ~/ REV1EWED BY: City Manager~,~ ~,~9.~ (4/5tbs Vote: Yes No~ Pacific Bay Homes, owners of the Rolling Hills Ranch subdivision also known as Salt Creek Ranch, are proposing to construct a permanent six-inch (6") private storm drain force main within Proctor Valley Road right-of-way. This portion of Proctor Valley Road right-of-way was granted and accepted for public street purposes on Map No. 14165. According to Section 12.28 of the Municipal Code, any permanent structures built within right-of-way or City easements, such as private storm drain systems require City Council approval utilizing the encroachment permit process. RECOMMENDATION: That Council approve the subject resolution authorizing the City Engineer to issue Encroachment Permit No. PE-497 for the construction of a permanent six-inch (6") Private Storm Drain Force Main for the Rolling Hills Ranch subdivision located within Proctor Valley Road Right-of-Way and direct the City Clerk to record said permit. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: On March 27, 2001 staffreceived a letter from Hunsaker & Associates, Inc. on behalf of their client, Pacific Bay Homes requesting an encroachment permit to construct and operate a 1,405 lineal foot permanent private storm drain force main in the City's public right-of-way located within the right- of-way of Proctor Valley Road, east of Duncan Ranch Road (see Exhibit "A" and Detail). The street improvements within Rolling Hills Ranch, Neighborhood 7 will drain storm water runoff into the Upper Otay Lakes Reservoir owned by the City of San Diego. The Upper Otay Lakes Reservoir feeds into Lower Otay Lakes and is a source ofdhnking water. A temporary diversion basin was constructed upstream from the Upper Otay Lakes Reservoir in order to capture the initial Page 2, Item Meeting Date 5/1/01 storm water runoff. The permanent private storm drain force main will be used to mitigate "first flush" runoff from the diversion basin to the Salt Creek Drainage basin. After the "first flush" has occurred from the temporary diversion basin, the storm water runoff will naturally drain into the Upper Otay Lakes Reservoir. This temporary diversion basin will be removed once the permanent diversion basin is installed to the east. The permanent private storm drain rome main will be extended once the permanent diversion basin is constructed. The City's standard encroachment permits contain the necessary maintenance, removal and hold harmless clauses. The encroachment permit protects the City, its agents and employees from maintenance problems and liability for damages and/or bodily injuries arising from the performance of the work connected with the construction of the storm drain force main. According to Section 12.28.020 of the Municipal Code, a Council resolution must authorize the issuance of the encroachment permit. Additionally, the CC&R's for Rolling Hills Ranch require the home owner's association to maintain the diversion basin and associated structures. FISCAL IMPACT: Pacific Bay Homes has paid a $250.00 application fee for processing the encroachment permit along Proctor Valley Road Attachments: Exhibit A - Locator plat - Temporary Diversion Basin Detail Exhibit B - Letter dated 3/27/01 Exhibit C - Encroachment Permit PE-497 BVH File: 0710-40-PE-497 lf 'IPlOMEIENGINEERIA GENDA IPE497reso, doc 0 '-- o \ o x Oo c~l i 89+56.71 5L 250W H.P.$.V. ON 89+65.~7 PED 89+75.00 6' l~+85.63 C1..250 B.V. TYPE B-1 NEIGHBORHOOD 90+~7.oo STI~ET '6,fy, 9 9O+34.98 Er, LIC, Hr 250~ H.P.$.V. ON T.S~ 91+75.00 ,SD STA 38+96.94 C/L 7~PE A-4 C,O. 9 ErA 39+81.94 LINE 'H'=:' /~9 STA 20+79.05 UNE TYPE A-4 C.O. 4'/-/ HUNSAKER &ASSOCIATES S A N D I £ G O, [ N C. su,v~v,NG March 27, 2001 .,V~RS,OE Sylvester Evitovich SAN D,ECO City of Chula Vista 276 Fourth Ave. Chula Vista, CA 91910 Re: Encroachment Permit for Proctor Valley Road Reach 4 Dear Sylvester, We are submitting the attached exhibit showing a 1405.63 linear feet of 6" private PVC storm drain force main that takes runoff from the temporary diversion basin, located northeast of Proctor Valley Road Reach 4, and ties to the storm drain in Proctor Valley Road once the elevations allow. The force main will be permanent since it will be used to service the ultimate future diversion basin in Subarea 3. The diversion basin is being used to mitigate "first flush" runoff, from the Improvements in Neighborhood 7, from getting into the Upper Otay Lakes Reservoir. Please let me know if you have questions. Sincerely, Hunsaker & Associates San Diego, Inc. Alisa S. Vialpando, P.E. Vice President DAVE HAMMAR t.£X WILLiMAN Attachments ALISA VIALPANDO DANA SEGUIN 10179 Huennekens St. San Diego, CA 92121 (g58) 558-4500 PH (8581558-1414 F X %'2 Recording requested by and please return to: City Clerk City of Chula Vista P.O. Box 1087 · Chula Vista, CA 91912 IX] This document benefits permittee. Recording fee required. ~ (This space for Recorder's use, only) ~ C.V. File No. 0710-40-PE~97 AUTHORIZATION FOR ENCROACHMENT IN CITY RIGH-OF-WAY Permit No. PE-497 Pursuant to Chapter 12.28 of the Chula Vista Municipal Code, permission is hereby granted by the City of Chula Vista (hereinafier "City") to: PACIFIC BAY HOMES and its successors and assigns (hereinafter "Permittee") whose mailing address is 2300 Boswell Road, Suite 209, Chula Vista CA, 91914, to do work within a portion of right-or-way beinnging to the City of Chula Vista subject to the terms and conditions contained in this permit ("Permit"). 1. City Property City's property ("City Property") affected by this permit described as follows: Proctor Valley Road as dedicated to the City of Chula Vista per Document Recorded on March 14, 2001, Map No. 14165. 2. Benefited Property q'he property benefiting from the grant of this permit is the Rolling Hills Ranch Subdivision (Salt Creek Ranch) and is described as follows: LEGAL DESCRIPTION: The Northerly 35.00 feet of Proctor Valley Road in the City of Chnia Vista, County of San Diego, State of California, as dedicated to public use per Chula Vista Tract No. 92-02, Salt Creek Ranch, Neighborhood 7 Unit No. 2, according to map thereof no. 14165, recorded in the office of the San Diego County Recorder March 14, 2001. 3. Permitted Encroachment Permittee has requested this Permit with respect to City Property for the following purpose C Encroachment"): Installation of a private storm drain force main within Proctor Valley Road right-of-way in accordance with the depiction and site plan shown on Exhibit A attached hereto and incorporated herein by this refereflee. Page 1 4. Grant of Permit Permission is hereby granted to Permittee by City to install the above-mentioned Encroachment within City right-of-way at the location specified in accordance with the following terms and conditions: a. Encroachment shall be installed and maintained in a safe and sanitary manner by Permittee as determined by City. b. Encroachment shall, in no way interfere with the maintenance of street trees or operation of any existing utility, including but not limited to water meters, CATV and telephone pedestals, public storm drain and sewer lines. Any costs arising from changes of or to any City property or facility due to the Encroachment shall be the sole responsibility of Permittee. c. Maintenance, removal or relocation of Encroachment shall be the sole responsibility of Permittee, and/or Permittee's lessee, should there be any, at no expense to the City. d. Encroachment shall conform to all standards and specifications as stated in the Chula Vista Municipal Code. e. Permittee is to call Underground Service Alert (One call mark-out service) at 1-800-422-4133 a minimum of two wording days prior to any excavation being done in the public right-of-way, including postholes or footing excavations. f. In the event that the future construction, operation or maintenance of the City's drainage or sewer systems shall cause the rearrangement, repair or reconstruction of the Permittee's facilities, the same shall be performed by Permittee or by any other party with the consent of Permittee at the cost of Permittee to the satisfaction of the City Engineer. g. In the event that the future construction, operation or maintenance of the Permittee's Facilities shall cause the rearrangement, repair or reconstruction of the City's facilities, the same shall be performed by Permittee or by any other party with the consent of Permittee at the cost of Permittee. Permittee shall defend, indemnify, protect, hold harmless and release the City, its elected and appointed officers and employees, from and against all past, present or fixture claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of or in anyway related to the encroachment or the conduct of the Permittee, or any agent or employee, subcontractors, or others (including third parties) in connection with the execution of the work covered by this agreement, except only for those claims arising from the sole negligence or sole willful conduct of the City, its officers, or employees. Permittee's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, Permittee at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Permittee's indemnification of City shall not be limited by any prior or subsequent declaration by the Permittee. Permittee hereby agrees to and shall release, hold harmless and defend City, its elective and appointive boards, officers, agents and employees against any claim, and in any suit or proceeding, at law or in equity, for damages caused, or alleged to have been caused, by actions taken or alleged to have been taken, or in anyway related to or arising from actions taken, under this permit by Permittee directly or by his/her/their agent(s), contractor(s), or agents or employees of same. Permittee further agrees to and shall indemnify and hold harmless City, its elective and appointive boards, officers, agents and employees, as indemnities, for any claim, suit or proceeding submitted, brought or instituted against City as a result of actions taken, or alleged to have been taken, or in anyway related to or arising from actions taken, under this permit, including, but not limited to, any asserted liability for loss of or damage to property or for personal injury, including death. The undersigned Permittee hereby accepts the foregoing Encroachment permit upon the terms and conditions stated herein and agrees to comply with all stated terms and conditions and with all applicable laws, including any applicable Page 2 provision of the Chula Vista Municipal Code. It is further agreed that if any part of Permittee's Encroachment or Permittee's rights under this Encroachment Permit should interfere with the future use of the City's right of way by the general public, it must be removed or relocated at Permittee' s expense and such right shall be terminated as and when indicated by City. In the event of a dispute arising as to the terms or interpretation of this permit, the City Engineer shall resolve said dispute in his sole and unfettered discretion, reasonably applied. CITY OF CHULA VISTA: Permit approved by: Date: Clifford L. Swanson Deputy Public Works Director/City Engineer (City Clerk to attach acknowledgment.) PERMITTEE: Signature: Date: Signature: Date: (Notary to attach acknowledgment.) [H:\HOM E\ENGIN EER\PERMITS~PE497.DOC Page 3 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY ENGINEER TO ISSUE ENCROACHMENT PERMIT NO. PE-497 FOR THE CONSTRUCTION OF A SIX-INCH (6") PRIVATE STORM DRAIN FORCE MAIN FOR THE ROLLING HILLS RANCH SUBDIVISION LOCATED WITHIN PROCTOR VA~LLEY ROAD RIGHT-OF-WAY WHEREAS, Pacific Bay Homes, owners of the Rolling Hills Ranch subdivision also known as Salt Creek Ranch, are proposing to construct a six-inch (6") private storm drain force main within Proctor Valley Road right-of-way; and WHEREAS, this portion of Proctor Valley Road right-of-way was granted and accepted for public street purposes n Map No. 14165; and WHEREAS, according to Chapter 12.28 of the Municipal Code, any permanent structures built within right-of-way or City easements, such as private storm drain systems require City Council approval utilizing the encroachment permit process. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby authorize the City Engineer to issue Encroachment Permit No. PE-497 for the construction of a six- inch (6") private storm drain force main for the Rolling Hills Ranch Subdivision located within Proctor Valley Road right-of-way. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to record this said permit. Presented by Approved as to form by John P. Lippitt John M. Kaheny Director of Public Works City Attorney J~attorney~reso\encroachment permit PE 497 COUNCIL AGENDA STATEMENT Item /] Meeting Date May 1, 2001 ITEM TITLE: Resolution Ratifying the Annual Submittal of an Application to the Department of Conservation Division of Recycling (DOR) for the Litter Reduction and Recycling Activity Grant and Authorizing the City Manager to Execute all Documents in Conjunction with Executing the Grant. SUBMITTED BY: Special Operations Manager REVIEWED BY: City Manager4~,~' 0~ (4/5ths Vote: Yes No X ) BACKGROUND: The Beverage Container and Litter Reduction act require California businesses that sell beverage containers in the state to collect a deposit. Chula Vista consumers pay a deposit of 2.5 ¢ or 5¢ per container when they purchase water, soft drinks, sports drinks, beer and some juices in containers under a gallon. Consumers may obtain a refund on their deposit at certified redemption centers throughout California. "Convenient Zone Centers," are also typically located at grocery stores that do not have an alternate redemption center within a quarter mile. Chula Vista has Convenient Zone Centers at both Ralph's Groceries, Food For Less and all Vons stores. Historically, the deposit fund has carried a large annual surplus. The Beverage Container Recycling and Litter Reduction Act now mandates that the DOR use a portion of the funds ($10.5 million state-wide) to provide annual payments to local governments for litter reduction and collection programs that encourage recycling. The 2000/01grant allocation was for $48,700. The 2001/02 allocation is approxmiately $50,000. If the City does not accept the funds allocated to the City in this cycle or furore cycle the portion allocated to Chula Vista will return to the states beverage deposit fund. RECOMMENDATION: Adopt the resolution as requested by the State and authorize the City Manager to execute all documents in conjunction with payment and related programs. BOARD/COMMISSIONS RECOMMENDATION: The programs outlined in the application are part of the City's Integrated Solid Waste Management Plan that has been reviewed and approved by the Resource Conservation Commission as part of the Source Reduction and Recycling Element. DISCUSSION: The California Beverage Container Recycling and Litter Reduction Act requires the Division of Recycling to Distribute a total of $10.5 million per year to eligible Cities and Counties for beverage container recycling and litter clean up activities. This is the second year that the Department of Conservation has been required to make the annual payments. Staff will appropriate these funds as part of the annual budget in future years however, the State requires each jurisdiction to provide a resolution-authorizing acceptance of the allocation. The funds will provide recycling education that; promotes curbside residential recycling, provides technical assistance to businesses to expand their commercial recycling efforts and implements recycling at City facilities and special events. The proposed program is briefly outlined in the State's abbreviated application (Attachment A). Page 2, Item Meeting Date May 1, 2001 The mount of funds allocated to the City are established by statute and based on population. There is no sunset to the provision and the state anticipates the allocation remaining stable for several years. No local matching funds are required by the State and none are recommended. These funds will assist the City meet the state mandated landfill diversion requirements (AB 939, the California Integrated Waste Management Act) by funding programs that will increase the City's diversion of rigid glass, aluminum, steel and plastic food and beverage containers. FISCAL IMPACT: The funds are awarded upon request and commitment to direct the funds to recycling programs. The funds will help the City implement recycling programs for multi- family complexes and businesses that will help keep their future solid waste costs down and potentially reduce their current rates. The funds are considered supplemental and compliment the City Integrated Solid Waste Management Plan, which is funded by AB 939 fees generated by Chula Vista solid waste generators. There will be no impact to the general fund as a result of accepting these funds or implementing the programs described. mtm:cas.docgrant-01 Attachment RESOLUTION NO. 200 I- RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF CHULA VISTA RATIFYING THE ANNUAL SUBMITTAL OF AN APPLICATION TO THE DEPARTMENT OF CONSERVATION DIVISION OF RECYCLING (DOR) FOR THE LITTER REDUCTION AND RECYCLING ACTIVITY GRANT AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS IN CONJUNCTION WITH EXECUTiNG THE GRANT WHEREAS, the Beverage Container and Litter Reduction Act require California businesses that sell beverage containers in the state to collect a deposit and Chula Vista consumers pay a deposit of 2.5¢ or 5¢ per container when they purchase water, soft drinks. sports drinks, beer and some juices in containers under a gallon; and WHEREAS, consumers may obtain a refund on their deposit at certified redemption centers throughout California with "Convenient Zone Centers" typically located at grocery stores that do not have an alternate redemption center within a quarter mile; and WHEREAS, historically, the deposit fund has carried a large annual surplus; and WHEREAS, the Beverage Container Recycling and Litter Reduction Act now mandates that the DOR use a portion of the funds ($10.5 million state-wide) to provide annual payments to local govermnents for litter reduction and collection programs that encourage recycling; and WHEREAS, the 2000/01 grant allocation was for $48,700 and the 2001/02 allocation is approximately $50,000; and WHEREAS, if the City does not accept the funds allocated to the City in this cycle or future cycle, the portion allocated to Chula Vista will return to the state's beverage deposit fund. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby ratify the annual submittal of an application to the Department of Conservation Division of Recycling (DOR) for the Litter Reduction and Recycling Activity Grant. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute all documents in conjunction with executing the grant. Presented by Approved as to form by Michael Meacham Jo~'Vl. Kaheny ) Special Operations Manager y Attorney ~ .I :\attomcy\reso\DO[>, 1 ,ittcr Reduction G~ ant COUNCIL AGENDA STATEMENT Item: ~ Meeting Date: 5/1/01 ITEM TITLE: Resolution amending the FY 2000-01 budget for the Parks and Recreation Department by appropriating $6,000.00 in unanticipated revenue and authorizing an agreement between the City and Chula Vista Middle School District for the City to provide extended after-school programs. SUBMITTED BY: Director of Parks and Recreation~-~ REVIEWED BY: City Manager ~6~ (4/5tbs Vote: Yes X No ) The Sweetwater Union High School District through Chula Vista Middle School has awarded the City, through its Parks and Recreation Department, a $6,000.00 contract for the provision of enhanced after-school programming at Chula Vista Middle School. The funding is part ora grant applied for and received by Chula Vista Middle School from the 21st Century Community Learning Centers Program. The Chula Vista Middle School is the recipient for the grant, and, as such, is subcontracting services to be provided by Parks and Recreation. STAFF RECOMMENDATION: That the Council adopt the resolution amending the Parks and Recreation budget by appropriating $6,000.00 in unanticipated revenue for the provision of services and authorizing the Director of Parks & Recreation, on behalf of the City, to enter into an agreement with the Chula Vista Middle School for the provision of additional services. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The Parks and Recreation Department currently provides after school programming at Chula Vista Middle School. Due to the success of the program, the school requested that additional hours of daily programming be provided by the department to be funded from a 21st Century grant. The 21~t Century Community Learning Centers Program was established by Congress to award grants to public schools, to enable them to plan, implement, or expand projects that benefit the educational, health, social services, cultural and recreational needs of the community. The Parks and Recreation Department will use the $6,000.00 to provide additional program hours at the school conducted by the Department's staff. These programs will enhance the programming already being provided at this site through other City and District funding. FISCAL IMPACT: The FY 00/01 budget for the Parks and Recreation Department would be amended, appropriating $6,000.00 for the provision of additional program hours. Chula Vista Middle School would reimburse the City fro expenses following the submittal of invoices for services rendered. Attachment: Agreement between the Chula Vista Middle School and the City of Chula Vista. Sweetwater Union High School District 415 F'~h Avenue Chula Vista, CA 91911 Chula Vista Middle School Middle School Coordinator Fax: 619-427-5723 Sandra Bishop Contract between Chula Vista Parks & Recreation Department and Chula Vista Middle School for the 2000/2001 school year Contractor's Services: Chula Vista Parks & Recreation Department will provide Chula Vista Middle School with 2 staff members to work in our Club T.C. (Teen Connection) after school program throughout the 2000/2001 school year. It is our goal to ensure all students have a safe and secure Club T.C. program on campus until 6:00pm each school day. Responsibilities of Chula Vista Parks & Recreation Department: 1. CVPRD will provide 2 staff members an additional hour each day to until 6:30pm. This will allow staff members to have program open until 6:00pm and also allow them time to return equipment back to storage unit. 2. CVPRD will provide staff members to supervise "Family Movie Nights" on CVM's campus. Responsibilities of Chula Vista Middle School: 1. Chula Vista Middle School will provide site facility for Club T.C. program. 2. CVM will provide a positive environment for the development of a successful after school program. 3. CVM will host bi-monthly meetings to discuss after school program goals and effectiveness. Payment Schedule: CVPRD will be paid an additional $6,000 for the extra hours of service. To be paid as billed through the CVM 21st Century Grant. Budget: 01-5810-x-4750-1000-1901-115-389 Ja~ey, C ~.v~i,~ Principal Ed Hall, CVPRD Karen ~ndy ~am~Dire - ' n Attachment A - Chula Vista Middle School ~"- ~ and the City of Chula Vista Agreement RESOLUTION NO. 2001- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FY 2000-01 BUDGET FOR THE PARKS AND RECREATION DEPARTMENT BY APPROPRIATING $6,000.00 IN UNANTICIPATED REVENUE AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY AND CHULA VISTA MIDDLE SCHOOL DISTRICT FOR THE CITY TO PROVIDE EXTENDED AFTER-SCHOOL PROGRAMS WHEREAS, the Sweetwater Union High School District through Chula Vista Middle School has awarded the City, through its Parks and Recreation Department, a $6,000.00 contract for the provision of enhanced after-school programming at Chula Vista Middle School; and WHEREAS, the fitnding is part of a grant applied for and received by Chula Vista Middle School from the 21st Century Community Learning Centers Program; and WHEREAS, the Chula Vista Middle School is the recipient for the grant, and, as such, is subcontracting services to be provided by Parks and Recreation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby amend the FY 2000-01 budget for the Parks and Recreation Department by appropriating $6,000.00 in unanticipated revenue. BE IT FURTHER RESOLVED that the Director of Parks & Recreation, on behalf of the City, is hereby authorized to enter into an agreement with Cbula Vista Middle School District for the City to provide extended after-school programs. Presented by Approved as to form by Andy Campbell John M. Kaheny v Director of Parks and Recreation City Attorney COUNCIL AGENDA STATEMENT ITEM -~ MEETING DATE 5/01//2001 ITEM TITLE: Resolution Approving the purchase of Wildland Strike Team equipment and amending the fiscal year 2000/2001 budget by appropriating $30,000 to the Fire Department from the available fund balance of the general fund SUBMITTED BY: James B. Hardiman, Fire Chief?/~ REVIEWED BY: City Manager ~{~ (4/5ths Vote: YesX No ) BACKGROUND: The Chula Vista Fire Department is a participant in Automatic Aid Agreements with all other fire agencies within San Diego County. Whenever the specific jurisdiction cannot handle an emergency with their own resources, the Area Fire Coordinator will commit resources from other fire departments to assist. The Automatic Aid Agreements and The California Fire Service and Rescue Emergency Mutual Aid Plan requires the Chula Vista Fire Department to provide resources when requested and are available. These agreements are vital to all fire agencies throughout the State of California. These agreements cover all types of incidents (structure fires, wildland fires, rescues, disasters, and any other emergency where fire department equipment or personnel are needed). It is proposed to provide specialized wildland fire equipment for Chula Vista Fire Department personnel when assigned to these types of incidents. This equipment will augment the basic equipment issued by the State of California or United States Forest Service at the incident. The Chula Vista Fire Department is required to respond to wildland fires both within the city and throughout the state. The wildland fire season usually runs from April 1~t through November 31~. Depending on the time of year and terrain of the wildland fire, firefighters can experience extreme temperature changes and very strenuous work conditions. It is necessary to provide improved equipment, which will allow fire fighters to be more productive during their work period and rest effectively when not actively fighting fire. This equipment will consist of a large storage box, "out of county" personal bags, large storage bags, tents, sleeping bags, sleeping pads, weather kits, and emergency food rations.. RECOMMENDATION: Staff recommends Council approve adding $30,000 to the Fire Department fiscal year 2000/2001 budget and authorize the purchase of wildland strike team equipment. BOARD/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: In July 2000, the Chula Vista Fire Department responded for ten days on a wildland strike team Page 2, Item assignment to the Sequoia National Forest. During their assignment the crew experienced many different weather changes. The days were warm and dry and the nights were cold. The fire crew had most of the essential fire fighting gear but was lacking important personal items. The U. S. Forest Service was able to only provide the basic necessary equipment. The personnel would have had improved conditions had they been issued personal sleeping bags, mats, and emergency food rations. Some fire departments at the same incident (that were assigned from other parts of the state) had been issued such gear from their respective departments. Chula Vista personnel learned from this experience and upon their return requested the items be purchased for future incidents. In January 2001, San Diego County experienced one of the worst fires in over twenty years (Viejas Fire). The fire actively burned for three days and consumed overl0,000 acres. The Chula Vista Fire Department sent three type 1 engines (structure engines) and one type 3 engine (wildland engine). The type 1 engines spent two days and one night while the type 3 engine spent three days and two nights. During this fire, the crews were working very hard for the first twenty-four hours without any rest periods or sleep. When they were released to base camp they were not issued sleeping bags or mats as expected and were forced to sleep on the fire engine or on the ground. The equipment that we are requesting will be used while the crews are back at base camp. Base Camp is the area where the working crews are gathered to receive cooked meals, rest, and prepare for the next work period. The equipment will consist of a large storage box (type 3 engine), out of county personal bags, large storage bags (for the equipment), tents, sleeping bags, sleeping pads, weather kits, and emergency food rations (incase the crew is out on the fire line for extended periods of time without being able to get in to base camp). We will provide this equipment on all the frontqine structural engines and the wildland engine. It is requested to outfit all the fire engines with this equipment because any one of them may be dispatched to a major wildland incident. This will include seven (7) engines and one (1) brush rig. FISCAL IMPACT: $30,000 will be required from the 2000/2001 general fund. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA APPROVING THE PURCHASE OF WILDLAND STRIKE TEAM EQUIPMENT AND AMENDING THE FISCAL YEAR 2000/2001 BUDGET BY APPROPRIATING $30,000 TO THE FIRE DEPARTMENT BUDGET FROM THE AVAILABLE FUND BALANCE OF THE GENERAL FUND WI-IEREAS, the Chula Vista Fire Department responds to wildland fires within the city and throughout the state; and WHEREAS, wildland fire fighting is performed in extreme terrain and weather conditions; and WltEREAS, it is important to keep fire personnel equipped with wildland tools and provide additional equipment which allows fire fighters to recover during rest periods; and WHEREAS, the Fire Department has requested funds to purchase wildland equipment that will improve the ability of tim personnel to perform safe and effective wildland fire fighting duties and have the ability to rest and recover at base camps; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, does hereby as follows: 1. That the above recitations are true. 2. That the City Council hereby authorizes the expenditure of $30,000 to purchase Wildland Strike Team Equipment and add this sum to the Fire Department's fiscal year 2000/2001 budget. Presented by Approved as to form by John M. K~eny 0 Fire Chief City Attorney COUNCIL AGENDA STATEMENT Item Meeting Date 5/1/01 . ITEM TITLE: Resolution Approving the Final "B" Maps for Otay Ranch Village One West, Neighborhoods R-49B, R-50A, and R-50B, Chula Vista Tract No. 98-06. Accepting on behalf of the City of Chula Vista, Assignable and Irrevocable General Utility and Access Easements, and wall easements granted on said Maps within said Subdivisions, approving the Subdivision Improvement Agreements for the completion of improvements required by said subdivisions, and authorizing the Mayor to execute said agreements. Resolution Approving the "B" Maps Supplemental Subdivision Improvement Agreements for Otay Ranch Village One West, Neighborhoods R-49B, R-50A, and R-50B, Portion of Village One West, Otay Ranch SPA One, requiring Developer to comply with certain unfulfilled conditions of Resolution No. 19572 and authorizing the Mayor to Execute Said Agreement SUBMITTED BY: Director of Public/.i Wor~ REVIEWED BY: City Manager ~4 ,)~ (4/5ths Vote: Yes No X ) On August 17, 1999, by Resolution No. 19572, the City Council approved a Tentative Subdivision Map for Chula Vista Tract 98-06, Otay Ranch, SPA One, Village One West, On August 22, 2000 by Resolution 2000-301, the Council approved Village One West "A" Map No. 1. On 10/24/00 by Resolution 2000-373, the Council approved four Final "B" Maps within Village One West. On 3/27/01 by Resolution 2001-075, the Council approved one Final "B" Map within Village One West. The Council will consider the approval of three additional Final "B" Maps within Village One West. RECOMMENDATION: That Council adopt the following: 1. Resolution approving the Final "B" Maps & Subdivision Improvement Agreements. 2. Resolution approving the "B" Maps Supplemental Subdivision Improvement Agreements. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable DISCUSSION: The project is generally located south of Telegraph Canyon Road and west of Paseo Ranchero within the area of Otay Ranch Village One designated as Otay Ranch Village One West. The "B" maps consist of 144 numbered lots and 26 lettered lots with a total area of 30.346 acres (see Attachment 1). The final maps have been reviewed by the Public Works Department and found to be in substantial conformance with the approved Tentative Map. Approval of the maps constitute acceptance by the City of all assignahle and irrevocable general access and utility easements within the Subdivision. × Page 2, Item '/ Meeting Date 5/1/01 The developer has executed an "A" Map Supplemental Subdivision Improvement Agreement, which addresses several on-going conditions of the tentative map. The Developer has secured its share of the development portion of the Park Acquisition and Development (PAD) fees for SPA One neighborhood and community parks. The Developer has provided an Irrevocable Offer of Dedication of Fee Interest for its portion of the land acquisition obligation for community parks with the approval of the first final "B" Map in Village One (Neighborhood R-3, approved 10/6/98, Resolution No. 19210). The Telegraph Canyon Drainage Basin DIF in the amount of $138,954.33 has been paid. The Developer has bonded for and agrees to complete all on and off-site street improvements required for the approval of these "B" Maps within two years following map approval, or sooner if construction permits for the required improvements have been issued. East Palomar Street Improvements Off-site improvements, for which the Developer is obligated per the SPA One Public Facility Finance Plan and the Olympic Parkway Agreement, include the portion of East Palomar Street within the Sunbow II development, between Paseo Ladera and the eastern boundary of the Subdivision. Sunbow developer is also obligated to construct this section of East Palomar Street with the last remaining final maps in Sunbow II. However, the final map EDU thresholds of the Olympic Parkway Agreement require that the street be secured prior to the approval of the 1788th equivalent dwelling unit (EDU) in Otay Ranch's portion of SPA One. The 1788th EDU is within the Subdivision. The Otay Ranch Company has requested that the bonds that they have provided for this section of East Palomar Street be released upon Sunbow's secured agreement to construct the street. FISCAL IMPACT: None to the City. Developer has paid all costs associated with the proposed "A" Map and agreement. Attachments: Attachment 1: Plat - Chula Vista Tract 98~06, Otay Ranch, Village One West, Neighborhoods R-49B, R-50A and R-50B Attachment 2: Minutes of 8/17/99 (Resolution No. 19572) Attachment 3: Developer's Disclosure Statement RT File No. 0600-80-OR313F, OR314F and OR315F H:\HOME\ENGINEER\AGENDA\ R49&,R-50a113.doc OTAY RANCH ,4TTAC~ i NEIGHBORHOOD R-49B `500 0 ,500 600 900 SCALE 1" = `500' IHUNSAKER & ASSOCIATES R:\OITO\&MAP\R-4gB\UNff £XHISIT - MO. 23S9-14 [ OTAY RANCH NEIGHBORHOOD R-50A ~00 0 300 600 900 SCALE 1" = 300' /- ~3'f PgLOYAR HUNSAKER & ASSOCIATES SURVEYING PH(858)558.4500. D({855)558-1414 R:\Ot7J\&MAP\R-5OA\UNtT EXHtBtT- W.O. 2339-9 NEiGI-IBORI-IO OD 9OO 6OO ~00 0 500' / ~$, · ?,£? PALO,V:AR I~NSAKER & AssoCIATES P R_50~\UNff EXHIBIT - W.O. 2339-~0 .A~-'TACHf,t~f::NT ' - P~-=_~'oo 3 - Council 5iknutes 08/17/99 CONSENT CALENDAR (Continued) . r~ ACTiON: Mayor Horton moved to approve staff recommendations and offered the Consent Calendar, headings read, texts waived. The motion carried 5-0; except with regard to Item #10, which canfed 4-0-1, with Cotmcilmember Moot ab~talnlng. ORXL COMMUNICATIONS - - Mr. Walter ¥1mtcher, 730 Glover Street, spoke in opposition to the planning Commission's aplxoval of a large day care home across the street from his residence and'objected to the $1,000 fee to app .eal the Commission's decision to the Council.- Mr. Thatcher was advised to contact the City. Manager to obtain a ~iver of the appeal fee, and Mayor Horton asked that the matter be brought before the Council for consideration. PITBLIC HEARINGS AND RELATED KESOLUTIONS _AND ORDINANCES I :. PUBLIC ~--IEARING PCS 98-06; CONSIDERATION OF A TENWATWE SUBDMSION !~-P FOR VILLAGE ON*E WEST OF 0TAY RANCH SECTIONAL PLANrNINO ARF~4. ONE PL_~N. TRACT 98-09: APP_ICANT: TIlE OTAY R.~NCH COMP.~NY RESOLU_?ION 10572, APPROYTNQ A TENTATFv'E SUBDiWISION IvLAP FOR VILLAGE ONE ~rEST OF THE OTAY RANCH SECTIONAL PLANNTNG AREA ONE PLg_,N, I--R_ACT 98-06, A_ND MAKING TIq]E N-ECESS.~Y FINDINGS The Omy Ranch Company has applied to subdivide Village One West of the Otay Ranch Sectional Planning Area One Plan into 774 lots on 275 acres. The application proposes 684 sm~e-mm~uy res~dennal lots, a 6-acre ne~gnoomood par~ a 1 O-acre elementary school sire, ~ght-of-v,~y reservation for the fuIure Merropolita.n Tmn¢it Development Board Li_~_jar Rail Transit System, and open space lorn. Included in the applieation is an "A/temat/ve Map," wkich includes properties identified as ~Ou~-Parcels," that subdivides approximately 294 at-res into a total of 901 lots. Notice of the h~ng ~,~.s ~¥en in accordance with l%~al requirements, and the hearing was held on rh~ ~ and at the rime specified in the notice. Principal Planner Rosaler made a sl/de presentation explsining the proposed subdivision. Mayor Hortun q~ened the public hearing. Kent Aden, representing The Otay Ranch Company, stated that one of the pr}mary issues concerns the level of development which will trigger the construction of the P-13 neighborhood park. Staff would like consm-uetion, of the park to commence with the issuance of the 300~ building pr,~mit for -' the project, and his company would like to commence the park[$ corm'traction when the 400~ permit .... is issued. He also spoke regard/nC the grid street s3'stem for Neighborhoods R-55 mad R-58, slating tha~ the company prefers the design r~ommended by the Planning Commi~ioll, rather than the ope ?~e 4 - Council Minutes 0g/17/99 Pk~I~IC HE.KRINOS A2Nq3 ~LA~D ~SOL~ONS .~N~ O~CES (Con~ued) "' -t pm~s~ by ~ to ~ow ~w lorn ~d less ~dlng He ~o ~mm~ted on ~e pmximiW of some . ~ lo~ m ~ ~ey ~e ~d ~ ~ pot~fi~ no~ l~veb ~ ~ ~1o~ to approve' ~'p~0ked"~sio~ ~e ~tcmfiVe m~p, ~d' ~e Pl~uing Co~ission's rmomend~o~ for ~e project .; AC~ON: Fo~o~g Co~cfl ~sio~ Co~cilmmb~ M~t ~ov~d to delete Lots ~36 ~d ~3 ~ Nci~borhood R-50, Lot ~8 ~ Neighborhood 51~ ~d Lot ~5 ~n Nci~borhood 5~ ~om ~e ~t~ve Map ~o-~g~e ~c li~t r~ noise . ~p~ to' ~ily homes ~d m ~clud~ ~e tot ma ~ Open Spac~ Lo~ ~29 -' ~ -mdC~30?:,-MaYor:-Hd2on'~i~nded:~i: mofi6~ ~ Co~c~ember Da~s vo~g ~ opposition. AC~ON: Mayor Ho~on moved to req~c co~cfion of P~k P-13 ~mcnc~g ~2 issmce of~c b~l~g pe~t for ~e 400~ dwe~g ~t. Co~c~emb:r Davis s~conded ~e mo~om ~d it cm~:d 5-0. ~ .KC~ON: ~c~mb~r Moot moved to Koprow ~e a~c~t s propos:d lot coz~ation ~ sho~ on ~e ~te~five Map ~d to adopt R~solufion Nol t 9~. -. t~xx w~ved. Co~c~c~o~r PadUa sccondcd ~ mofiom ~d it c~ed 5-0. 12. P~LIC ~G ~G~G CONS~EKk~ON OF DECL~ON OF ~ON TO FO~ ~ EST~LISH CO~ FAC~S DIS~CT (OTAY ~CH SPA ON~ - POR~ONS OF ~GE O~, ~ .T.&GE O~ .~S~; .~ DECal'ON'oF N~S~ TO ~ A B ON, ED ~EB~N~SS, P~U.~ TO ~ PROXqSIONS OF CO~ FAC~S ACT OF 1992": FOR ~ P~OSE OF ACQUTSI~ON C2T~ P~LIC FAC~S ~OUGH ~ ISSU~CE OF BO~S SECL~D BY SPE~ T~S On J~y 13, 1999, Co,cfi ~proved a r~ol~on of ~m~on to fo~ Co--mW F D~ct No. 99-1 ~d set ~ public hc~ for A~ 1 m~-°fp~c ~ se~g ~ Omy ~ch SPA One, po~o~ of V~age One, V~ Five ~d V~e ~e We~ ~e ~fion pmpos~ fo~ ~gs l~d~ug m ~e ~li~nt of Comm~ K~mm~d~fiom ~epub~chmgb:mn~uedtoA~24, 1999. ~ctorofP~o~c Wor~) Nofi~ of~ h~ ~' ~v~ ~ ~ ~ leg~ mq~em~, ~d ~e hmg w~ held on · ~ ~ ~d at ~: ~c sp~ b ~e notice. MKvor Ho~on o~d ~e pubic h~. AC~ON: ~or Ho~on mov~ to con~ ~e hcmg to A~ 31, 1999, ~ recommena~& Co~mbcr Da~ seconded ~ mo~o~ ~d it c~ed 5-0. CITY OF CHL-LA VISTA DISCLOSU-RE STATEMEN-17 r .equired m file a Statcmenl of Disclom.ure of certain own~rshin or fin~n?i21 imeres~s, paymems, or cmmpai~ml conu-ibu[ions on all runners which will require discredonary action on thc pm of the City Council, Pl~nninS Commi~siolL and 211 other official bodies. The following information must be disclosed: List the nam~ of all p~s~ls having a financial in~.rest in the property which is the subject of the application or the Contract. e.g., owner, applicant. Cunaactor, subcontractor, mamrial supplier, etc. If any pcrsrm* idemified ptlr~mnt m (1) above is a corporation or parm~mhip, list the v~mes of all ind/viduals oWnin§ nlor~ thn,n 10 % Of thc ~ in the corporation or owning any parmership in.rest in the p armerskip, If z.uy pecan'~ identified puts'trent to (I) above is a non-profi: or~,~zariun or a h-~st, 'fis~ the n~me$ of person seniug ~s director of the non-profit or_-°m~zation or zs u',mst~_e or b~-neficiari? or rrusmr of r. he u-'usL 4. Have yon had more tbnq $*_50 worth of business transazmd ,~Srh any membzr of ',he City staff, Bah-ds, Comm~c~, CommilI~,es, ~ Council ~ith~ ~ ~asI IWei'v: mallthS? Ye~__ No_~_~~ ~ )'es, please iu~za~e person(s):. Pl~ase id~25fy each and cve~, person./n:iuding ~_':nu, empioy~s, co~ulmnm, or independ~_nr Conx-azrars wino you have ~ssi~ned m reomsent van before the CiB' im rb~s manet. l-Iave yon ~nd/or your offi~rs or agents, in the aggreg~, co~.tYomed more ~ $1,000 to a Council member in ~ current or prec,--ql.g election .rrzried? Yes__ No~_~ If yes, state which Council member(s): * * * (NOTE: Atta~ Additional Pages 8z Necessary) * * * S~am~ of C~r/~H~ ' ~ or T~ N~e of Con~cmr/.~t c&p~m~, ]o~ ~re, ~soc~ so~ c~, p~e~ ~p~ ~ct, or ot~r po~ s~ or ~ other gro~ or co~on ~ng ~ a ur2t. RESOLUTION NO. 2001- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL "B" MAPS FOR OTAY RANCH, VILLAGE ONE WEST, NEIGHBORHOODS R-49B, R-50A, & R-50B, CHULA VISTA TRACT NO. 98-06. ACCEPTING ON BEHALF OFTHE CITY OF CHULA VISTA THE ASSIGNABLE AND IRREVOCABLE GENERAL UTILITY AND ACCESS EASEMENTS, AND THE WALL EASEMENTS. APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENTS FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISIONS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby finds that certain map survey entitled Chula Vista Tract 98-06 OTAY RANCH, SPA ONE WEST, VILLAGE ONE WEST, NEIGHBORHOOD R~49B, and more particularly described as follows: Lot 4 according to map thereof No. 14029, Chula Vista Tract No. 98-06 Otay Ranch, Village One West in the City of Chuta Vista, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County on August 30, 2000. Area: 10.178 Acres No. Of Lots: 70 Numbered Lots: 60 Lettered Lots: 10 Open Space Lots: 0.147 Acres is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED, said Council hereby accepts on behalf of the City of Chula Vista the two foot wall easements, the sixty-two (62) foot wide general utility and access easements within over and around Lots "A, B, C, and D" for installation of public utilities, noting that use of said general utility and general access easements by others is subject to written permission and issuance of an Encroachment Permit from the City of Chula Vista. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be and she is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that those certain easements with the fight of ingress and egress for general utility, and general access, as granted thereon and shown on said map within said subdivision, are accepted on behalf of the City of Chula Vista as herein above stated. BE IT FURTHER RESOLVED that City Clerk be and she is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement dated the for the completion of improvements in said subdivision, copy of which is on file in the office of the City Clerk, is hereby approved. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby finds that certain map survey entitled Chula Vista Tract 98-06 OTAY RANCH, SPA ONE WEST, VILLAGE ONE WEST, NEIGHBORHOOD R-50A, and more particularly described as follows: Portion of Lot 6 according to map thereof No. 14029, Chula Vista Tract No. 98-06 Otay Ranch, Village One West in the City of Chula Vista, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County on August 30, 2000. Area: 10.186 Acres No. Of Lots: 49 Numbered Lots: 42 Lettered Lots: 7 Open Space Lots: 0.145 Acres is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED, said Council hereby accepts on behalf of the City of Chula Vista the two foot wall easements, the sixty-two (62) foot wide general utility and access easements within over and around Lots "A, and B" for installation of public utilities, noting that use of said general utility and general access easements by others is subject to written permission and issuance of an Encroachment Permit from the City of Chula Vista. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be and she is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that those certain easements with the right of ingress and egress for general utility, and general access, as granted thereon and shown on said map within said subdivision, are accepted on behalf of the City of Chula Vista as herein above stated. BE IT FURTHER RESOLVED that City Clerk be and she is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of gan Diego BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement dated the for the completion of improvements in said subdivision, copy of which is on file in the office of the City Clerk, is hereby approved. 2 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 98-06 OTAY RANCH, SPA ONE WEST, VILLAGE ONE WEST, NEIGHBORHOOD R-50B, and more particularly described as follows: Portion of Lot 6 according to map thereof No. 14029, Chula Vista Tract No. 98-06 Otay Ranch, Village One West in the City of Chula Vista, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County on August 30, 2000. Area: 9.982 Acres No. Of Lots: 51 Numbered Lots: 42 Lettered Lots: 9 Open Space Lots: 0.339 Acres is made in the maimer and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED, said Council hereby accepts on behalf of the City of Chula Vista the two foot wall easements, the sixty-two (62) foot wide general utility and access easements within over and around Lots "A, B, C, and D" for installation of public utilities, noting that use of said general utility and general access easements by others is subject to written permission and issuance of an Encroachment Permit from the City of Chula Vista. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be and she is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that those certain easements with the right of ingress and egress for general utility, and general access, as granted thereon and shown on said map within said subdivision, are accepted on behalf of the City of Chula Vista as herein above stated. BE IT FURTHER RESOLVED that City Clerk be and she is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement dated the for the completion of improvements in said subdivision, copy of which is on file in the office of the City Clerk, is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said Agreements on behalf of the City of Chula Vista. Presented by Approved as to form by John P. Lippitt John ~4ff. l~'ah~ny Director of Public Works City Attorney 3 Recording Requested by: CITY CLERK When Recorded, Mail to: CITY OF CHULA VISTA 276 Fourth Avenue Chula vista, Ca. 91910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Declarant SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of 2001, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and RWR OTAY INVESTOR 49A, LLC, 3130 Bonita Road, Suite 200B, Chula Vista, CA 91910, hereinafter called "Subdivider" with reference to the facts set forth below, which Recitals constitute a part of this Agreement; RECITALS: WHEREAS, Subdivider is about to present to the City Council of the city of Chula Vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as OTAY RANCH, VILLAGE ONE WEST, NEIGHBORHOOD R-49B, pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula Vista Municipal Code relating to the filing, approval and recordation of subdivision map; and WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula vista, Subdivider must have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the Council for purpose of recording in the office of the County Recorder of San Diego County, or, as an alternative thereto, Subdivider shall enter into an agreement with city, secured by an approved improvement security to insure the performance of said work pursuant to the requirements of Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said Council; and WNEREAS, Subdivider is willing in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will install and complete, at Subdivider's own expense, all the public improvement work required by City in connection with the proposed subdivision and will deliver to City improvement securities as approved by the City Attorney; and WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditions, as contained in Resolution No. 19572, approved on the 27th day of August, 1999 ("Tentative Map Resolution"); and WHEREAS, complete plans and specifications for the construction, installation and completion of said public improvement work have been prepared and submitted to the City Engineer, as shown on Drawings Nos. 00151-01 through 00151-07 inclusive, on file in the office of the City Engineer; and WHEREAS, an estimate of the cost of constructing said public improvements according to said plans and specifications has been submitted and approved by the City in the amount of SIX HUNDRED NINETY-SEVEN THOUSAND SIX HUNDRED NINETY DOLLA~RS Ai~D NO CENTS ($697,690.00). NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. Subdivider, for itself and his successors in interest, an obligation the burden of which encumbers and runs with the land, agrees to comply with all of the terms, conditions and requirements of the Tentative Map Resolution; to do and perform or cause to be done and performed, at its own expense, without cost to city, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, all of the public improvement and/or land development work required to be done in and adjoining said subdivision, including the improvements described in the above Recitals ("Improvement Work"); and will furnish the necessary materials therefor, all in strict conformity and in accordance with the -2- plans and specifications, which documents have heretofore been filed in the office of the City Engineer and as described in the above Recitals this reference are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the completion and acceptance of the Improvement Work, and that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed. 3. It is expressly understood and agreed that Subdivider will cause all necessary materials to be furnished and all Improvement Work required under the provisions of this contract to be done on or before the second anniversary date of Council approval of the Subdivision Improvement Agreement. 4. It is understood and agreed that Subdivider will perform said Improvement Work as set forth hereinabove, or that portion of said Improvement Work serving any buildings or structures ready for occupancy in said subdivision, prior to the issuance of any certificate of clearance for utility connections for said buildings or structures in said subdivision, and such certificate shall not be issued until the City Engineer has certified in writing the completion of said public improvements or the portion thereof serving said building or structures approved by the City; provided, however, that the improvement security shall not be required to cover the provisions of this paragraph. 5. It is expressly understood and agreed to by Subdivider that, in the performance of said Improvement Work, Subdivider will conform to and abide by all of the provisions of the ordinances of the City of Chula vista, and the laws of the State of California applicable to said work. 6. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of THREE HUNDRED FORTY-EIGHT THOUSAND EIGHT HD-NDRED FORTY- FIVE DOLLARS A/~D NO CENTS ($348,845.00) which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit "A" and made a part hereof. -3- 7. Subdivider further agrees to furnish and deliver to the City of Chula Vista simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of THREE HUNDRED FORTY-EIGHT THOUSkND EIGHT HUNDRED FORTY- FIVE DOLLARS AND NO CENTS ($348,845.00) to secure the payment of material and labor in connection with the installation of said public improvements, which security is attached hereto, marked Exhibit "B" and made a part hereof and the bond amounts as contained in Exhibit "B", and made a part hereof. 8. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of NINE THOUSAND DOLLARS AND NO CENTS ($9,000.00) to secure the installation of monuments, which security is attached hereto, marked Exhibit "C" and made a part hereof. 9. It is further agreed that if the Improvement Work is not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the Improvement Work within said subdivision in accordance with such specifications herein contained or referred, or at the option of the City, as are approved by the City Council at the time of engaging the work to be performed. Upon certification of completion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the terms of the improvement security. Subdivider agrees to pay to the City any difference between the total costs incurred to perform the work, including design and administration of construction (including a reasonable allocation of overhead), and any proceeds from the improvement security. 10. It is also expressly agreed and understood by the parties hereto that in no case will the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor, except to the limits established by the approved improvement security in accordance with the requirements of the State Subdivision Map Act and the provisions -4- of Title 18 of the Chula Vista Municipal Code. 11. It is further understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the Improvement Work plans and installation of Improvement Work hereinabove provided for, and the cost of street signs and street trees as required by City and approved by the City Engineer shall be paid by Subdivider, and that Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money sufficient to cover said cost. 12. It is understood and agreed that until such time as all Improvement Work is fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alleys, easements, water and sewer lines within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by city, Subdivider shall grant to City, by appropriate conveyance, the public improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. 13. It is understood and agreed that City, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement. Subdivider further agrees to protect and hold the City, its officers and employees, harmless from any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement; provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. Such indemnification and agreement to hold harmless shall extend to damages to adjacent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a result of the construction of said subdivision and the public improvements as provided herein. It shall also extend to damages resulting from diversion of waters, change in the volume of flow, modification of the velocity of -5- the water, erosion or siltation, or the modification of the point of discharge as the result of the construction and maintenance of drainage systems. The approval of plans providing for any or all of these conditions shall not constitute the assumption by City of any responsibility for such damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of the subdivision pursuant to said approved improvement plans. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (10) years following the acceptance by the City of the improvements. 14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time period provided for in Section 66499.37 of the Government Code of the State of California. 15. Assignability. Upon request of the Subdivider, any or all on-site duties and obligations set forth herein may be assigned to Subdivider's successor in interest if the City Manager in his/her sole discretion determines that such an assignment will not adversely affect the City's interest. The City Manager in his/her sole discretion may, if such assignment is requested, permit a substitution of securities by the successor in interest in place and stead of the original securities described herein so long as such substituted securities meet the criteria for security as set forth elsewhere in this Agreement. Such assignment will be in a form approved by the City Attorney. (NEXT PAGE IS SIGNATURE PAGE) -6- SIGNATURE PAGE SUBDIVISION IMPROVEMENT AGREEMENT OTAY RANCH, VILLAGE ONE WEST, NEIGHBORHOOD R-49B IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA RWR OTAY INVESTOR 49A, LLC Mayor of the City of Chula Vista ATTEST City Clerk Approved as to form by City (Attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ! County of ~_"~ ck v,, ~ .~k,o ss. On__ -~-.'~-01 ,beforeme, (~_,-e.&~,.)'~- ~'a¢ 30'%. Date Name and ~tle of Olllcer (ag, "Jane Doe, Notary Public") personally appeared ,~')~ OV', ?'J~ o % (,.~QO~ V'X. [I Name(s) of Signer(s) L~r~onally known to me ~ proved to me on the basis of satisfactory evidence to be the person(-~), whose name(,s.)- is/ere subscribed to the within instrument and acknowledged to me that he/r,,~o/thcy executed the same in h is/l'~m~t.¢~ r authorized - capacityCe'a), and that by his/h~r/thoir J '~,, ._ S~r~ D~go Courtly ~ signature/c~on the instrument the person(s.}., or ~L,,~ My.~C~..m..F. xpb~ Feb,,2003 ~ the entity upon behalf o{: which the person(s-)- ~ w .,~ ~ ~~ acted, executed the instrument. W~T~S my hand and official seal. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and realtachment of this form to another document. Description of Attached~[Io~un~ent -3 Document Date: Number of Pages: Signer(s) Other Than Named Above: C. apacity(ies) Claimed by Signer Signer's Name: [] Individual ~ Corporate Officer -- Title(s): Top of thumb here [] Partner-- t3 Limited [] General [] Attorney in Fact [] Trustee [] Guardian or Conservator [] Other: Signer Is Representing: TP- // LIST OF EXHIBITS Exhibit "A" Improvement Security - Faithful Performance Form: Bond Amount: $348,845.00 Exhibit "B" Improvement Security - Material and Labor: Form: Bond Amount: $348,845.00 Exhibit "C" Improvement Security - Monuments: Form: Bond Amount: $9,000.00 Securities approved as to form and amount by U~'JL/ City Attorne~ Improvement Completion Date: Two (2) years from date of City Council approval of the Subdivision Improvement Agreement H; ~home ~at t orney\ sia~Ot ayRanckR- 4 9B -8- Recording Requested by: CITY CLERK When Recorded, Mail to: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, Ca. 91910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Declarant SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of 2001, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and RWR OTAY IA/VESTOR 50, LLC, 3130 Bonita Road, Suite 200B, Chula Vista, CA 91910, hereinafter called "Subdivider" with reference to the facts set forth below, which Recitals constitute a part of this Agreement; RECITALS: WHEREAS, Subdivider is about to present to the City Council of the City of Chula vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as OTAY RANCH, VILLAGE ONE WEST, NEIGHBORHOOD R-50A, pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula Vista Municipal Code relating to the filing, approval and recordation of subdivision map; and WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula Vista, Subdivider must have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an alternative thereto, Subdivider shall enter into an agreement with City, secured by an approved improvement security to insure the performance of said work pursuant to the requirements of Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said Council; and WHEREAS, Subdivider is willing in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will install and complete, at Subdivider's own expense, all the public improvement work required by city in connection with the proposed subdivision and will deliver to City improvement securities as approved by the City Attorney; and WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditions, as contained in Resolution No. 19572, approved on the 27th day of August, 1999 ("Tentative Map Resolution"); and WHEREAS, complete plans and specifications for the construction, installation and completion of said public improvement work have been prepared and submitted to the City Engineer, as shown on Drawings Nos. 00152-01 through 00152-06 inclusive, on file in the office of the City Engineer; and WHEREAS, an estimate of the cost of constructing said public improvements according to said plans and specifications has been submitted and approved by the City in the amount of FIVE HUNDRED TWENTY-ONE THOUSAND THREE HUNDRED THIRTY-SIX DOLLARS AND NO CENTS ($521,336.00). NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. Subdivider, for itself and his successors in interest, an obligation the burden of which encumbers and runs with the land, agrees to comply with all of the terms, conditions and requirements of the Tentative Map Resolution; to do and perform or cause to be done and performed, at its own expense, without cost to City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, all of the public improvement and/or land development work required to be done in and adjoining said subdivision, including the improvements described in the above Recitals ("Improvement Work"); and will furnish the necessary materials therefor, all in strict conformity and in accordance with the -2- plans and specifications, which documents have heretofore been filed in the Office of the City Engineer and as described in the above Recitals this reference are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the completion and acceptance of the Improvement Work, and that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed. 3. It is expressly understood and agreed that Subdivider will cause all necessary materials to be furnished and all Improvement Work required under the provisions of this contract to be done on or before the second anniversary date of Council approval of the Subdivision Improvement Agreement. 4. It is understood and agreed that Subdivider will perform said Improvement Work as set forth hereinabove, or that portion of said Improvement Work serving any buildings or structures ready for occupancy in said subdivision, prior to the issuance of any certificate of clearance for utility connections for said buildings or structures in said subdivision, and such certificate shall not be issued until the City Engineer has certified in writing the completion of said public improvements or the portion thereof serving said building or structures approved by the City; provided, however, that the improvement security shall not be required to cover the provisions of this paragraph. 5. It is expressly understood and agreed to by Subdivider that, in the performance of said Improvement Work, Subdivider will conform to and abide by all of the provisions of the ordinances of the City of Chula Vista, and the laws of the State of California applicable to said work. 6. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of TWO HUNDRED SIXTY THOUSAND SIX HUNDRED SIXTY-EIGHT DOLLARS AND NO CENTS ($260,668.00) which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit "A" and made a part hereof. -3- 7. Subdivider further agrees to furnish and deliver to the City of Chula Vista simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of TWO HUNDRED SIXTY THOUSAND SIX HUNDRED SIXTY-EIGHT DOLLARS AND NO CENTS ($260,668.00) to secure the payment of material and labor in connection with the installation of said public improvements, which security is attached hereto, marked Exhibit "B" and made a part hereof and the bond amounts as contained in Exhibit "B", and made a part hereof. 8. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of SIX THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($6,500.00) to secure the installation of monuments, which security is attached hereto, marked Exhibit "C" and made a part hereof. 9. It is further agreed that if the Improvement Work is not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the Improvement Work within said subdivision in accordance with such specifications herein contained or referred, or at the option of the City, as are approved by the City Council at the time of engaging the work to be performed. Upon certification of completion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the terms of the improvement security. Subdivider agrees to pay to the City any difference between the total costs incurred to perform the work, including design and administration of construction (including a reasonable allocation of overhead), and any proceeds from the improvement security. 10. It is also expressly agreed and understood by the parties hereto that in no case will the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor, except to the limits established by the approved improvement security in accordance with the -4- requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista Municipal Code. 11. It is further understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the Improvement Work plans and installation of Improvement Work hereinabove provided for, and the cost of street signs and street trees as required by City and approved by the City Engineer shall be paid by Subdivider, and that Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money sufficient to cover said cost. 12. It is understood and agreed that until such time as all Improvement Work is fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alleys, easements, water and sewer lines within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by City, Subdivider shall grant to City, by appropriate conveyance, the public improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. 13. It is understood and agreed that City, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement. Subdivider further agrees to protect and hold the City, its officers and employees, harmless from any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement; provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. Such indemnification and agreement to hold harmless shall extend to damages to adjacent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a result of the construction of said subdivision and the public improvements as provided herein. It shall also extend to damages resulting from diversion of waters, -5- change in the volume of flow, modification of the velocity of the water, erosion or siltation, or the modification of the point of discharge as the result of the construction and maintenance of drainage systems. The approval of plans providing for any or all of these conditions shall not constitute the assumption by City of any responsibility for such damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of the subdivision pursuant to said approved improvement plans. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (10) years following the acceptance by the City of the improvements. 14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time period provided for in Section 66499.37 of the Government Code of the State of California. 15. Assignability. Upon request of the Subdivider, any or all on-site duties and obligations set forth herein may be assigned to Subdivider's successor in interest if the City Manager in his/her sole discretion determines that such an assignment will not adversely affect the City's interest. The City Manager in his/her sole discretion may, if such assignment is requested, permit a substitution of securities by the successor in interest in place and stead of the original securities described herein so long as such substituted securities meet the criteria for security as set forth elsewhere in this Agreement. Such assignment will be in a form approved by the City Attorney. (NEXT PAGE IS SIGNATURE PAGE) -6- SIGNATURE PAGE SUBDIVISION IMPROVEMENT AGREEMENT OTAY P~ANCH, VILLAGE ONE WEST, NEIGHBORHOOD R-50A IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA RWR OTAY INVESTOR 50A, LLC Mayor of the City of Chula ~O ~ Vista ATTEST City Clerk Approved as to form by City Attorney (Attach Notary Acknowledgment) -7- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California~ ~"x ~ ss. Countyof ~O,Y~¥) ~ J On fi- ~-.-~--© I ,beforeme,~l~-f'~c,. j~- ~.xr-[_q~'rx. J~OL'~ . personally appeared~e x~',/~ ~nally known to me L] proved to me on the basis of satisfactory evidence to be the persorg-s) whose name(s) is/a~e subscribed to the within instrument and ~ --.,~1~--;; -- ~C- ~'O; --i acknowledged to me that he/she/they executed R A M AR the same in his/h, cr/t,hclr authorized ~ ,~r~7~ ComrnL~on # 121 ~8~0 ~: capacity(ies), and that by his/h~'t-Fteir :~ ~ S~n D'_~.~. Co~rrty [ signature(e-) on the instrument the person(e), or ~ the entity upon behalf of which the person(c-)- acted, executed the instrument. k~D..c~.SS my hand and official seal. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Docurne0t~ Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: - - - ;.- EJ Individual I ] Corporate Officer-- Title(s): [] Partner--~ Limited [~ General E~ Attorney in Fact L Trustee [ ] Guardian or Conservator [~ Other: Signer Is Representing: LIST OF EXHIBITS Exhibit "A" Improvement Security - Faithful Performance Form: Bond Amount: $260,668.00 Exhibit "B" Improvement Security - Material and Labor: Form: Bond Amount: $260,668.00 Exhibit "C" Improvement Security - Monuments: Form: Bond Amount: $6,500.00 Securities approved as to form and amount by City Attorney Improvement Completion Date: Two (2) years from date of City Council approval of the Sub- division Improvement Agreement H ~ [home \at t orney\ sia \Ot ayRanchR 50A -8- Recording Requested by: CITY CLERK When Recorded, Mail to: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, Ca. 91910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Declarant SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of 2001, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and RWR OTAY INVESTOR 50, LLC, 3130 Bonita Road, Suite 200B, Chula Vista, CA 91910, hereinafter called "Subdivider" with reference to the facts set forth below, which Recitals constitute a part of this Agreement; RECITALS: WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as OTAY RANCH, VILLAGE ONE WEST, NEIGHBORHOOD R-50B, pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula vista Municipal Code relating to the filing, approval and recordation of subdivision map; and WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula Vista, Subdivider must have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an alternative thereto, Subdivider shall enter into an agreement with City, secured by an approved improvement security to insure the performance of said work pursuant to the requirements of Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the public improvements and/or land 'development work required in said subdivision within a definite period of time prescribed by said Council; and WHEREAS, Subdivider is willing in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will install and complete, at Subdivider's own expense, all the public improvement work required by City in connection with the proposed subdivision and will deliver to City improvement securities as approved by the City Attorney; and WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditions, as contained in Resolution No. 19572, approved on the 27th day of August, 1999 ("Tentative Map Resolution"); and WHEREAS, complete plans and specifications for the construction, installation and completion of said public improvement work have been prepared and submitted to the City Engineer, as shown on Drawings Nos. 01001-01 through 01001-07 inclusive, on file in the office of the City Engineer; and WHEREAS, an estimate of the cost of constructing said public improvements according to said plans and specifications has been submitted and approved by the City in the amount of FOUR HUNDRED SIXTY-EIGHT THOUSAND SIX HUNDRED SIX DOLLARS AND NO CENTS ($468,606.00). NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. Subdivider, for itself and his successors in interest, an obligation the burden of which encumbers and runs with the land, agrees to comply with all of the terms, conditions and requirements of the Tentative Map Resolution; to do and perform or cause to be done and performed, at its own expense, without cost to City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, all of the public improvement and/or land development work required to be done in and adjoining said subdivision, including the improvements described in the above Recitals ("Improvement Work"); and will furnish the necessary materials therefor, all in strict conformity and in accordance with the plans and specifications, which documents have heretofore been filed in the Office of the City Engineer and as described in the above Recitals this reference are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the completion and acceptance of the Improvement Work, and that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed. 3. It is expressly understood and agreed that Subdivider will cause all necessary materials to be furnished and all Improvement Work required under the provisions of this contract to be done on or before the second anniversary date of Council approval of the Subdivision Improvement Agreement. 4. It is understood and agreed that Subdivider will perform said Improvement Work as set forth hereinabove, or that portion of said Improvement Work serving any buildings or structures ready for occupancy in said subdivision, prior to the issuance of any certificate of clearance for utility connections for said buildings or structures in said subdivision, and such certificate shall not be issued until the City Engineer has certified in writing the completion of said public improvements or the portion thereof serving said building or structures approved by the City; provided, however, that the improvement security shall not be required to cover the provisions of this paragraph. 5. It is expressly understood and agreed to by Subdivider that, in the performance of said Improvement Work, Subdivider will conform to and abide by all of the provisions of the ordinances of the City of Chula Vista, and the laws of the State of California applicable to said work. 6. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of TWO HUNDRED THIRTY-FOUR THOUSAND THREE HUNDRED THREE DOLLARS AND NO CENTS ($234,303.00) which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit "A" and made a part hereof. -3- 7. Subdivider further agrees to furnish and deliver to the City of Chula Vista simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of TWO HUNDRED THIRTY-FOUR THOUSAND THREE HUNDRED THREE DOLLARS AND NO CENTS ($234,303.00) to secure the payment of material and labor in connection with the installation of said public improvements, which security is attached hereto, marked Exhibit "B" and made a part hereof and the bond amounts as contained in Exhibit "B", and made a part hereof. 8. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of SIX THOUSAND DOLLARS AND NO CENTS ($6,000.00) to secure the installation of monuments, which security is attached hereto, marked Exhibit "C" and made a part hereof. 9. It is further agreed that if the Improvement Work is not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the Improvement Work within said subdivision in accordance with such specifications herein contained or referred, or at the option of the City, as are approved by the City Council at the time of engaging the work to be performed. Upon certification of completion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the terms of the improvement security. Subdivider agrees to pay to the City any difference between the total costs incurred to perform the work, including design and administration of construction (including a reasonable allocation of overhead), and any proceeds from the improvement security. 10. It is also expressly agreed and understood by the parties hereto that in no case will the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor, except to the limits established by the approved improvement security in accordance with the requirements of the State Subdivision Map Act and the provisions -4- of Title 18 of the Chula Vista Municipal Code. 11. It is further understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the Improvement Work plans and installation of Improvement Work hereinabove provided for, and the cost of street signs and street trees as required by City and approved by the City Engineer shall be paid by Subdivider, and that Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money sufficient to cover said cost. 12. It is understood and agreed that until such time as all Improvement Work is fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alleys, easements, water and sewer lines within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by City, Subdivider shall grant to city, by appropriate conveyance, the public improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. 13. It is understood and agreed that City, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement. Subdivider further agrees to protect and hold the City, its officers and employees, harmless from any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement; provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. Such indemnification and agreement to hold harmless shall extend to damages to adjacent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a result of the construction of said subdivision and the public improvements as provided herein. It shall also extend to damages resulting from diversion of waters, change in the volume of flow, modification of the velocity of -5- the water, erosion or siltation, or the modification of the point of discharge as the result of the construction and maintenance of drainage systems. The approval of plans providing for any or all of these conditions shall not constitute the assumption by City of any responsibility for such damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of the subdivision pursuant to said approved improvement plans. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (10) years following the acceptance by the City of the improvements. 14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time period provided for in Section 66499.37 of the Government Code of the State of California. 15. Assignability. Upon request of the Subdivider, any or all on-site duties and obligations set forth herein may be assigned to Subdivider's successor in interest if the City Manager in his/her sole discretion determines that such an assignment will not adversely affect the City's interest. The City Manager in his/her sole discretion may, if such assignment is requested, permit a substitution of securities by the successor in interest in place and stead of the original securities described herein so long as such substituted securities meet the criteria for security as set forth elsewhere in this Agreement. Such assignment will be in a form approved by the City Attorney. (NEXT PAGE IS SIGNATURE PAGE) SIGNATURE PAGE SUBDIVISION IMPROVEMENT AGREEMENT OTAY RAiqCH, VILLAGE ONE WEST, NEIGHBORHOOD R-50B IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA RWR OTAY INVESTOR 50, LLC Mayor of the City of Chula ~ ~_-[F_~c~ Vista ATTEST City Clerk Approved as to form by (Attach Notary Acknowledgment) -7- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of O, y, \ ' Date ~ Name and Title of Or, cee (e.g, "Jane Doe, Notan/Pub~ personally appeared ',~v) Q~W )k~c.~.~.~'0,-vk. Name(s) of Signer(s) L~'~s°nally known to me I I proved to me on the basis of satisfactory evidence to be the j:ze.r-~(s) whose name(s)i_s/aro subscribed to the within instrument and acknowledged to me that he/shc/thcy executed the same in his/t~r/th,~ir authorized ~.,..,._..~.,~.~ ~...,~._.,_~,~,.~_.c~_~.~ ,[ capacity(-iee), and that by his/bec/t-heir ~ ~ signature(.~on the instrument the person(e), or ....~, the entity upon behalf of which the person(6-)- acted, executed the instrument. WI~ESS my hand and official seal. OPTIONAL Description of Attached Document - Title or Type of Document: S _'~-~3 ¢~ \ ~J i ~, t Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: L~ Corporate Officer-- Title(s): [ J Partner--J Limited [;3 General I~] Attorney in Fact L~ Trustee L3 Guardian or Conservator ~ Other: Signer Is Representing: LIST OF EXHIBITS Exhibit "A" Improvement Security - Faithful Performance Form: Bond Amount: $234,303.00 Exhibit "B" Improvement Security - Material and Labor: Form: Bond Amount: $234,303.00 Exhibit "C" Improvement Security - Monuments: Form: Bond Amount: $6,000.00 Securities approved as to form and amount by Improvement Completion Date: Two (2) years from date of City Council approval of the Sub- division Improvement Agreement ~: \home~attorney~sia~OtayRanchR SOB -8- Recording Requested by and P/ease Return to: City Clerk City of Chula Vista P.O. Box 1087 Chula Vista, California 91910 This Instrument Benefits City Only. No Fee Required. This Space for Recorder's Use Only APN(s) C.V. File No. OR-313F IRREVOCABLE OFFER OF DEDICATION OF FEE INTEREST FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, RWR OTAY INVESTORS 50, LLC, A DELAWARE LIMITED LIABILITY COMPANY represents that, as the owner(s) of herein-described real property, (in the case of multiple owners, collectively referred to as "Grantor'J, Grantor hereby makes an Irrevocable Offer of Dedication of fee interest to THE CITY OF CHULA VISTA, A MUNICIPAL CORPORATION, the hereinafter described real property for the following public purpose: OPEN SPACE AND OTHER PUBLIC PURPOSES The real property referred to above is situated in the City of Chula Vista, County of San Diego, State of California and is more particularly described as follows: LOT "G" OF CHULA VISTA TRACT NO. 98-06, OTAY RANCH, VILLAGE 1 WEST, NEIGHBORHOOD R-50A, ACCORDING TO MAP THEREOF NO. , RECORDED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER ON ,2001 (Contains - 0.007 acres) This offer of Dedication is made pursuant to Section 7050 of Government Code of the State of California and may be accepted at any time by the City clerk of the City of Chula Vista. This Offer of Dedication of fee interest shall be irrevocable and shall be binding on the Grantor, its heirs, executors, administrators, successors and assigns. ~='~ ~ 3 / dbs m/14i3,048,proce$$ing~02 ope~l space iod.dOC w o 1413-48 4/24/~1 6:57 PM SIGNATURES This day of ,20__ RWR OTAY INVESTORS 50, LLC, A DELAWARE LIMITED LIABILITY COMPANY '~ON MACLEAN, VICE PRESIDENT State of California '~ County of ,~-~_ o~,yx ~ ~,~ff~ .~ SS, Date Name and Title of ~r (e.g "Jane Doe, Nota~ P~blic ~amo(s) of 8i~n~r(s) ~onally ~nowa to me ~ provod to mo on tho ~asis o~ satisfacto~ evidence to bo tho porson~whoso namo~ is/~ subscriBod to the within instrument and acknowlodfl~d to mo that ho/~/t~:7 exocuted tho samo in his/gcr/tgc',r authorized capacity), and that by his/~r signatures on the instrumont, the person~, or tho ontity upon ~ehalf of which tho porson~ acted, executod tho instrumont. r~ ~" :dbs m/1413/048/processing~02 open spsce iod doc w o 1413-48 4f24/01 6:57 PM This is to cedify that the interest in real properly offered herein to the City of Chula Vista, a governmental agency, is hereby acknowledged by the undersigned City Clerk on behalf of the Chula Vista City Council pursuant to authority conferred by Resolution No. 15645 of the Chula Vista City Council adopted on June 5, 1990, and the grantee consents to the recordation thereof by its duly authorized officer. SUSAN BIGELOW CITY CLERK Dated: RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE "B" MAPS SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR OTAY RANCH VILLAGE ONE WEST, NEIGHBORHOODS R-49B, R-50A, AND R-50B, PORTION OF VILLAGE ONE WEST, OTAY R/~NCH SPA ONE, REQUIRING DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTION NO. 19572, A/qD AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the developer has executed a Supplemental Subdivision Improvement Agreement to satisfy remaining conditions of City Council Resolution No. 19572. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the "B' Maps Supplemental Subdivision Improvement Agreement for Otay Ranch Village One West, Neighborhoods R-49B, R-50A, and R-50B, portion of Village One West, Otay Ranch SPA One, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized to execute said Agreement on behalf of the City of Chula Vista. Presented by Approved as to form by John P. Lippitt ~oh~. Kaheny Director of Public Works City Attorney [i:/atiorn e y\resolS SIA R49B, 50a&b (Apd125, 2001 (4:23PM)] RECORDING REQUEST BY: City Clerk WHEN RECORDED MAIL TO: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 NO transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Developer Above Space for Recorder's Use SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR TIlE FINAL "B" MAP OF NEIGHBORHOODS R-49B, R-50A, and R-50B IN VILLAGE ONE WEST, SPA ONE OF THE OTAY RANCH PROJECT (Conditions: 1, 3,4, 5, 8, 9, 10, 11, 23, 38, 39, 45, 63, 94, 96, 115, 116, 118, 123,126, 129, 130, 132, 133, 134, 138, 139, 140, and 144 of Resolution No. 19572) This Supplemental Subdivision Improvement Agreement ("Agreement") is made this day of _, 2001, by and between THE CITY OF CHULA VISTA, California ("City" or "Grantee" for recording purposes only) and the signators of this Agreement, OTAY PROJECT L.P., a California Limited Partnership, RWR Otay Investor 50 LLC, a Delaware limited liability company, RWR Otay Investor 49A LLC, a Delaware limited liability company ("Developer" or "Grantor"), with reference to the facts set forth below, which recitals constitute a part of this Agreement: RECITALS A. This Agreement concerns and affects certain real property located in Chula Vista, California, more particularly described on Exhibit "A" attached hereto and incorporated herein ("Property"). The Property is part of the Otay Ranch, Village One West, SPA One, a master planned development. For purposes of this Agreement the term "project" shall also mean "Property". Developer has applied for final map for the Property, more specifically known as Neighborhood R- 49B, R-50A, and R-50B. B. Otay Project L.P. conveyed title to Planning Areas R-49B to RWR Otay Investor 49A LLC on December 28, 2000. Otay Project L.P. conveyed title to Planning Areas R-50A, AND R-50B to RWR Otay Investor 50 LLC on November 20, 2000. C. Developer and/or Developer's predecessor in interest has applied for and the City has approved Tentative Subdivision Map commonly referred to as Chula Vista Tract 98-06 ("Tentative Subdivision Map") for the subdivision of the Property. D. The City has adopted Resolution No. 19572 ("Resolution") pursuant to which it has approved the Tentative Subdivision Map subject to certain conditions as more particularly described in the Resolution. E. City is willing, on the premises, security, terms and conditions herein contained to approve final map of the property known as Neighborhood R-49B, R-50A, and R-50B, as being in substantial conformance with the Tentative Subdivision Map described in this Agreement. Developer understands that subsequent final maps may be subject to the same security, terms and conditions contained herein. F. The following defined terms shall have the meaning set forth herein, unless otherwise specifically indicated: 1. For the purposes of this Agreement, "Final Map" means the final map for Neighborhood R-49B, R-50A, AND R-50B of Otay Ranch Village One West, SPA One. 2. "Commencing Construction" means when a construction permit or other such approval has been obtained from the City or a construction contract has been awarded for the improvement, whichever occurs first. 3. "Complete Construction" means when construction on said improvement has been completed and the City accepts the improvement. 4. "Owner or Developer" means the person, persons or entity having a legal or an equitable interest in the property or parts thereof and includes Owner's successors-in-interest and assignors of any property within the boundaries of the map. This includes Otay Project, L.P. and any and all owners of real property within the boundaries of the Property, and all signatories to this Agreement including: i) Otay Project, L.P. ii) RWR Otay Investor 50 LLC iii) RWR Otay Investor 49A LLC 5. "Guest Builder" means those entities obtaining any interest in the Property or a portion of the Property, after the Final Map has been recorded. 6. "PFFP" means the SPA One Public Facilities Finance Plan adopted by Resolution No. 18286 as may be amended from time to time. 7. "RMP 2" means the Otay Ranch Resource Management Plan, Phase 2, approved by the City Council on June 4, 1996, as may be amended from time to time. 8. "'A' Map Agreement" means the Supplemental Subdivision Improvement Agreement for the Village One West "A" Map No. 1, map number thereof 14029, adopted by Resolution No. 2000-301. 9. "Community Association" means the Otay Ranch Three Community Association as defined in the Declaration of Covenants, Conditions and Restrictions of Otay Ranch Three (CC&R's) recorded on April 13,2001 as Document No. 2001-0230013 and all Supplementary Declarations thereto. 10. "Community Common Area" means real property, and improvements situated thereon, owned in fee or leased by the Community Association for the common use and enjoyment of the Owners as further defined in said CC&R's. 11. "Preserve/Owner Manager" is the entity or entities defined by the RMP 2 with the duties and responsibilities described therein. 12. "SPA One Plan" means the Otay Ranch Sectional Planning Area Plan as adopted by the City Council on June 4, 1996 pursuant to Resolution No. 18286 and amended on February 16, 1999 by Resolution No. 19376. 13. "Olympic Parkway Agreement" means the Agreement for the Financing and Construction of Olympic Parkway and Related Roadway Improvements approved by the City Council on April 20, 1999 by Resolution No. 19410. NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein contained, the parties agree as set forth below. 1. Performance Obligation. Otay Project, L.P., signator to this Agreement, represents to the City that it is acting as the master developer for this Project and expressly assumes performance of the obligations set forth in paragraph 7 of this Agreement. Notwithstanding the foregoing, all parties to this agreement acknowledge and agree that all such obligations remain a covenant running with the land as set forth more particularly in paragraph 2 below. The City in its discretion will make a good faith effort to execute on bonds securing the obligations contained herein to the extent necessary to complete any unfulfilled obligations of the master developer. 2. Agreement Applicable to Subsequent Owners. a. Agreement Binding Upon Successors. This Agreement shall be binding upon and inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property until released by the mutual consent of the parties. b. Agreement Runs with the Land. The burden of the covenants contained in this Agreement ("Burden") is for the benefit of the Property and the City, its successors and assigns and any successor in interest thereto. City is deemed the beneficiary of such covenants for and in its own right and for the purposes of protecting the interest of the community and other parties public or private, in whose favor and for whose benefit of such covenants running with the land have been provided without regard to whether City has been, remained or are owners of any particular land or interest therein. If such covenants are breached, the City shall have the right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach to which it or any other beneficiaries of this Agreement and the covenants may be entitled. c. Developer Release on Guest Builder Assignments. If Developer assigns any portion of the Project to a guest builder, Developer may request to be released from Developer's obligations under this Agreement, that are expressly assumed by the guest builder. Developer must obtain the ~vritten consent of the City to such release. Such assignment to the guest builder shall, however, be subject to this Agreement and the Burden of this Agreement shall remain a covenant running with the land. The City shall not withhold its consent to any such request for a release so long as the assignee acknowledges that the Burden of the Agreement runs with the land, assumes the obligations of the Developer under this Agreement, and demonstrates, to the satisfaction of the City, its ability to perform its obligations under this Agreement as it relates to the portion of the Project which is being acquired by the Assignee. d. Partial Release of Developer's Assignees. If Developer assigns any portion of the Project subject to the Burden of this Agreement, upon request by the Developer or its assignee, the City shall release the assignee of the Burden of this Agreement as to such assigned portion if such portion has complied with the requirements of this Agreement to the satisfaction of the City and such partial release wiI1 not, in the opinion of the City, jeopardize the likelihood that the remainder of the Burden will not be completed. e. Release of Individual Lots. Upon the occurrence of any of the following events, Developer shall, upon receipt of the prior written consent of the City Manager (or Manager's designee), have the right to release any lot(s) from Developer's obligation under this Agreement: i. The execution of a purchase agreement for the sale ora residential lot to a buyer of an individual housing unit; ii. The conveyance of a lot to a Homeowner's Association. The City shall not withhold its consent to such release so long as the City finds in good faith that such release will not jeopardize the City's assurance that the obligations set forth in this Agreement will be performed. At the request of the Developer, the City Manager (or Manager's designee) shall execute an instrument drafted by Developer in a recordable form acceptable to the City Manager (or Manager's designee) which confirms the release of such lot or parcel from the encumbrance of this Agreement. Notwithstanding the foregoing, i) at the close of an individual homeowner's escrow, or ii) conveyance to a homeowner's association of any lot or parcel encumbered by this Agreement, such lot or parcel shall be automatically released from the encumbrance hereof. 3. Condition No. 1 - (General Preliminary In partial satisfaction of Condition 1 of the Resolution, Developer hereby agrees, to comply with the requirements and guidelines of the Otay Ranch General Development Plan (GDP), the SPA One Parks, Recreation, Open Space and Trails Plan, the Public Facilities Financing Plan ("PFFP"), Ranch-Wide Affordable Housing Plan, SPA One Affordable Housing Plan, and the SPA One Non-Renewable Energy Conservation Plan, as may be amended from time to time, and shall remain in compliance with and implement the terms, conditions and provisions of said documents. 4. Condition No. 3 ~ (General Preliminary). In partial satisfaction of Condition No. 3 of the Resolution, Developer agrees that if any of the terms, covenants or conditions contained within the Resolution shall fail to occur or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to deny the issuance of building permits for the Project, deny, or further condition the subsequent approvals that are derived from the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The applicant shall be notified ten (10) days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City within a reasonable period of time. 5. Condition No. 4 - (General Preliminary). In partial satisfaction of Condition No. 4 of the Resolution, Developer hereby agrees to indemnify, protect, defend and hold the City harmless from and against any and all claims, liabilities and costs, including attorney's fees, arising from challenges to the Environmental Impact Report for the Project and/or any or all entitlements and approvals issued by the City in connection with the Project. 6. Condition No. 5 - (General Preliminary). In partial satisfaction of Condition No. 5 of the Resolution, Developer hereby agrees, that Developer shall comply with all the applicable SPA One conditions of approval. 7. Condition Nos. 8, 10 and 11 - (Conveyance Obligation). In partial satisfaction of Condition Nos. 8, 10, and l 1, the Developer agrees as follows: a. The Developer provided the City with Irrevocable Grants of Fee Title or Open Space easements, totaling approximately 1111.84 acres of real property in accordance with the RMP 2, a portion of which (36.05 acres) is intended to satisfy the particular acreage conveyance obligation of the Final Maps at a rate of 1.188 acres of conveyance per acre of area within the Final Maps, as of the date of this Agreement. But such obligation may be subject to change in accordance with paragraph c below. Any remaining amount shall be credited towards any future map obligations. b. That such dedicated property shall be granted in fee title to the City and County of San Diego as joint tenants and subject to the approval of the Preserve Owner/Manager. Should the Preserve Owner/Manager not approve this conveyance, Developer agrees to convey equivalent real property that complies with this provision. c. That Developer shall convey additional real property if necessary in order to comply with the conveyance formula described in RMP 2, as may be amended by City. Developer acknowledges that the amended RMP 2 may contain a conveyance formula greater than 1.188 acres per developable acre. d. That all land to be conveyed as described above shall be free and clear of liens and encumbrances except for easements for existing public infrastructure and other easements approved by the City or for planned public infrastructure as permitted in the RMP, Phase 2. Developer further agrees to pay all taxes and assessments as they came due as to the land to be conveyed until title has legally transferred to the City and County of San Diego. e. Developer acknowledges that property within the boundaries of the "A" Map which will be the subject of future final maps may have conveyance obligations to fulfill for all development areas, including applicable streets, open space lots, paseos, pedestrian parks and slope areas shown on the "A" Map. 8. Condition No. 9 - (CEQA). In partial satisfaction of Condition No. 9 of the resolution, the Developer shall implement ail applicable mitigation measures identified in EIR 95-01, subsequent EIR 97-03, the CEQA Findings of Fact for this Project (on file in the City Clerk's Office as Document No. CO96-056 and No. 18286) and the Mitigation Monitoring and Reporting Program (on file in the City Clerk's Office as Document No. CO96-057 and Nos. 18284 and 18285). 9. Condition No. 23 (Driveways). In partial satisfaction of Condition No. 23 of the Resolution, minimum of thirty percent of all 60x110 feet lots in each final map shall be provided with Hollywood driveways, and comply with the requirements of the Otay Ranch SPA One Planned Community District Regulations as may be amended from time to time. 10. Condition ]No. 38 (Street Trees). In partial satisfaction of Condition No.38 of the Resolution: a. Developer shall obtain approval from the Director of Planning and Building and the City Engineer of a separate street tree improvement plan which includes the final selection of trees, the location of trees within the parkway, and in relation to water laterals, sewer laterals, dry utilities, driveways, inlets and pedestrian ramps, within thirty (30) days of the approval of the Final Maps. Developer understands that the City may withhold the issuance of building permits within the Final Maps if the street tree improvement plan is not approved within said thirty (30) day period. b. Developer, upon request of the Director of Planning and Building, shall plant within all street parkways, trees which have been selected from the revised list of appropriate tree species described in the Village Design Plan which shall be approved by the Directors of Planning and Building and Public Works. The applicant shall provide root control methods per the requirements · of the Director of Planning and Building and a deep watering irrigation system for the trees. An irrigation system shall be provided from each individual lot to the adjacent parkway. 11. Condition No. 39 - (ADA Standards). In satisfaction of Condition No. 39 of the Resolution the Developer agrees that in the event the Federal Government adopts ADA standards for street rights-of-way which are in conflict with the standards and approvals contained herein, all such approvals conflicting with those standards shall be updated to reflect those standards. Unless otherwise required be federal law, City ADA standards may be considered vested, as determined by Federal Regulations, only after construction has commenced. 12. Condition No. 45 - (Encroachment Permit). In satisfaction of Condition No. 45 of the Resolution, the Developer shall apply and obtain an encroachment permit prior to the installation of all private facilities within the public right of way. The Developer shall maintain, in perpetuity, membership in an advance notice such as the USA Dig Alert Service and shall cause any private facilities owned by the Developer to be marked out whenever work is performed in the area. 13. Condition No. 63 - (B1PDES). In satisfaction of Condition No. 63 of the Resolution, Developer agrees to comply with all the provisions of the National Pollutant Discharge Elimination System (NPDES) and the Clean Water Program. 14. Condition No. 94 - (MHOA Maintenance Responsibilities). In satisfaction of Condition No. 94 of the Resolution, Developer agrees to notify future property owners at escrow, by a document to be initialed by the property owner, of the maintenance responsibilities of the MHOA and the estimated annual cost of those maintenance responsibilities. 15. Condition No. 96 - (Walls on City Property). In satisfaction of Condition No. 96 of the Resolution, Developer agrees to have each purchaser of homes adjoining open space lots containing walls maintained by the Open Space District sign a statement stipulating that they are aware that the walls are on City Property and that the purchasers shall not modify or supplement the wall or encroach onto City Property. 16. Condition ]No. 115 - (Withhold Building Permits and Hold Harmless). In partial satisfaction of Condition No. 115 of the Resolution, the Developer understands and agrees that the performance of Developer's obligations hereunder is required for the health and safety of the residents of its Project. Therefore Developer agrees: a. That the City may withhold building permits for the subject subdivision if any one of the following occurs: i) Regional development threshold limits set by the adopted East Chula 7 Vista Transportation Phasing Plan, as amended from time to time, have been reached or in order to have the Project comply with the Growth Management Program as may be amended from time to time. ii) Traffic volumes, levels of service, public utilities and/or services exceed the adopted City threshold standards or fail to comply with the then effective Growth Management Ordinance and Growth Management Program and any amendments thereto. Public utilities shall include, but not limited to, air quality, drainage, sewer and water. iii) The Developer does not comply with the terms of the Reserve Fund Program. b. That the City may withhold building permits for any of the phases of development identified in the Public Facilities Financing Plan (PFFP) for Otay Ranch SPA One Plan if the required facilities, as identified in the PFFP or as amended by the Annual Monitoring Program, have not been completed. e. Defend, indemnify, and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Council or any approval by its agents, officers, or employees with regard to this subdivision provided the City promptly notifies the Subdivider of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. cl. Hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting from this project. e. Ensure that all franchised cable television companies ("Cable Company") are permitted equal opportunity to place conduit and provide cable television service to each lot on public streets within the subdivision. Restrict access to the conduit to only those franchised cable television companies who are, and remain in compliance with, all of the terms and conditions of the franchise and which are in further compliance with all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be issued by the City of Chula Vista. f. That the City may withhold the issuance of building permits for the Project, should the Developer be determined by the City to be in breach of any the terms of the Tentative Map conditions or any supplemental agreement. The City shall provide the Developer of notice of such determination and allow the Developer reasonable time to cure such breach. 17. Condition No. 116- (Congestion Management Program). In satisfaction of Condition No. 116 of the Resolution the Developer agrees: a. To participate, on a fair share basis, in any deficiency plan or financial program adopted by SANDAG to comply with the Congestion Management Program (CMP) and b. To not protest formation of any future regional impact fee program or facilities benefit district to finance the construction of regional facilities described in the Otay Ranch GDP and Otay Ranch SPA One PFFP. This agreement to not protest the inclusion of these public improvements shall not be deemed a waiver of the right to challenge the amount of any fee, which may be imposed due to these new improvements and shall not interfere with the right of any person to vote in a secret ballot election. 18. Condition No. 118 - (Previous Agreements). The Developer shall comply with all previous Agreements as they pertain to the tentative map, such as the Olympic Parkway Agreement. 19. Condition No. 123 - (Growth Management Ordinance). In satisfaction of Condition No. 123 of the Resolution, the Developer agrees, upon the request of the City, to the following: a. Fund the preparation of an annual report monitoring the development of Otay Ranch as described in Chapter 9, "Growth_Management of the Otay Ranch General Development Plan". The annual report will analyze the supply of, and demand, for public facilities and services governed by the thresholds. b. Prepare a five (5) year development phasing forecast identifying targeted submittal dates for future discretionary applications (SPAs and tentative maps), projected construction dates, corresponding public facility needs per the adopted threshold standards, and identifying financing options for necessary facilities as described in Chapter 9, "Growth Management" of the Otay Ranch General Development Plan". 20. Condition No. 126 - (Acoustic Analysis). In partial satisfaction of Condition No. 126, the Developer agrees to notify during escrow by a document to be initialed by future property owners within 200 feet of the centerline of the MTDB San Diego Trolley (the "Future Lightrail Easement" depicted on the "A" Map), that an acoustical analysis for the Trolley was prepared and will be made available for the future owners to review. 21. Condition No. 129. - (PFFP). In partial satisfaction of Condition No. 129 of the Resolution, Developer agrees to adhere to the PFFP and any amendments thereto, approved by the City Council, including but not limited to the, SPA and tentative map improvements installed in accordance with said Plan or as required to meet threshold standards adopted by the City. Developer and City acknowledge that the PFFP identifies a facility phasing plan based upon a set of assumptions concerning the location and rate of development within and outside of the project area. Throughout the build-out of SPA One, actual development may differ from the assumptions contained in the PFFP (i.e., the development of EastLake III). Developer understands that neither the PFFP nor any other SPA One document grant the Developer an entitlement to develop as assumed in the PFFP, or limit the SPA One's facility improvement requirements to those identified in the PFFP. Developer acknowledges that compliance with the City's threshold standards, based on actual development patterns and updated forecasts in reliance on changing entitlements and market conditions, shall govern SPA One development patterns and the facility improvement requirements to serve said development. In addition, the sequence in which improvements are constructed shall correspond to any future Eastern Chula Vista Transportation Phasing Plan or amendment to the Growth Management Program and Ordinance adopted by the City. Developer understands and agrees that the City Engineer may modify the sequence of improvement construction should conditions change to warrant such a revision. Developer agrees that concurrent with the approval of the first final map approved after a Public Facility Financing Plan has been approved for the EastLake III GDP Area, the Developer shall update, at Developer's sole expense and subject to a Reimbursement Agreement, the SPA 1 PFFP and agrees that the City Engineer may change the timing of construction of the public facilities, including without limitation, the nature, sizing, extent and timing for the construction of public facilities caused by SPA One, shall become a condition for all subsequent SPA One entitlements, including tentative and final maps. 22. Condition No. 130. - (Code Requirements). In partial satisfaction of Condition No. 130 of the Resolution, Developer agrees to comply with all applicable sections of the Chula Vista Municipal Code. 23. Condition No. 132. - (Payment of Fees). In partial satisfaction of Condition No. 132 of the Resolution, Developer agrees to pay the following fees in accordance with the City Code and Conncil Policy: a. The Transportation and Public Facilities Development Impact Fees. b. Signal Participation Fees. c. All applicable sewer fees, including but not limited to sewer connection fees. d. Interim SR-125 impact fee. e. Telegraph Canyon Sewer Basin DIF. f. Reimbursement District for Telegraph Canyon Road Phase 2 24. Condition No. 133. - (Regulations; Clean Water Act). In partial satisfaction of Condition No. 133 of the Resolution, Developer agrees to comply with all relevant Federal, State, and Local regulations, including the Clean Water Act. The Developer shall be responsible for providing all required testing and documentation to demonstrate said compliance as required by the City Engineer. 25. Condition No. 134 - (Condition No. 134. - (Disclosure of Special Taxes). In partial satisfaction of Condition No. 134 of the Resolution, Developer agrees to ensure that prospective purchasers sign a "Notice of Special Taxes and Assessments" pursuant to Municipal Code Section 5.46.020 regarding projected taxes and assessments. 26. Condition No. 138 - (Planned Community District Regulations). In partial satisfaction of the Condition No. 138 of the Resolution, the Developer agrees that all proposed development shall be consistent with the Otay Ranch SPA One Planned Community District Regulations. 27. Condition No. 139. - (Growth Management). In partial satisfaction of Condition No. 139 of the Resolution, Developer agrees to comply with Chapter 19.09 of the Chula 3_0 Vista Municipal Code (Growth Management) as may be amended from time to time by the City. Said chapter includes but is not limited to: threshold standards (19.09.04), public facilities finance plan implementation (19.09.090), and public facilities finance plan amendment procedures (19.09.100). 28. Condition No. 140. - (GMO Amendment). In partial satisfaction of Condition No. 140 of the Resolution, the Developer acknowledges and agrees that the City is presently in the process of amending its Growth Management Ordinance to add a proposed Section 19.09.105, to establish provisions necessary to ensure compliance with adopted threshold standards (particularly traffic) prior to construction of State Route 125. Said provisions will require the demonstration, to the satisfaction of the City Engineer, of sufficient street system capacity to accommodate a proposed development as a prerequisite to final map approval for that development, and the Developer hereby agrees to comply with adopted amendments to the Growth Management Ordinance. 29. Condition No. 144 - (Guarded Entrances). In satisfaction of Condition No. 144 of the Resolution, Developer agrees that guarded entrances will not have physical barriers unless specifically approved by the City Council and that the entrances will be staffed from dusk until dawn, unless the MHOA or the Developer determines it is economically impractical. 30. Satisfaction of Conditions. City agrees that the execution of this Agreement constitutes partial satisfaction of Developer's obligation of Conditions: 1, 3, 4, 5, 8, 9, 10, 11, 23, 38, 39, 45, 63, 94, 96, 115, 116, 118, 123, 126, 129, 130, 132, 133, 134, 138, 139, 140, and 144 of Resolution No. 19572. Developer further understands and agrees that some of the provisions herein may be required to be performed or accomplished prior to the approval of other final maps for the Project, as may be appropriate. 31. Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned, that Developer shall comply with all unfulfilled conditions of approval of the Tentative Map, established by the Resolution and shall remain in compliance with and implement the terms, conditions and provisions therein. 32. Previous Agreements. The Developer acknowledges that nothing in this Agreement shall supersede, nullify or otherwise negatively impact the terms of the "A" Map Agreement, unless specifically noted herein. This Agreement affirms and reflects the terms, conditions and provisions of the "A" Map Agreement, and of the Tentative Map 98-06 conditions applicable specifically to the Final Maps for the Property. 33. Recording. This Agreement, or an abstract hereof shall be recorded simultaneously with the recordation of the Final Maps. 34. Building Permits. Developer understands and agrees that the City may withhold the issuance of building permits and all other permits for the entire SPA One project area, should the Developer be determined by the City to be in breach of any of the terms of this Agreement. The City shall provide the Developer of notice of such determination and allow the Developer reasonable time to cure said breach. Developer further acknowledges and agrees that the City may withhold building permits within the Final Map as defined herein if the required public facilities for SPA One, as defined in the PFFP or as amended by the Annual Monitoring Program or otherwise conditioned, have not been completed or constructed to the satisfaction of the City. 35. Miscellaneous. a. Notices. Unless otherwise provided in this Agreement or by law, any and all notices required or permitted by this Agreement or by law to be served on or delivered to either party shall be in writing and shall be deemed duly served, delivered, and received when personally delivered to the party to whom it is directed, or in lieu thereof, when three (3) business days have elapsed following deposit in the U.S. mail, certified or registered mail, return receipt requested, first~ class postage prepaid, addressed to the address indicated in this Agreement. A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party. CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA. 91910 Attn: Director of Public Works Otay Project, LLC 350 West Ash Street, Suite 730 San Diego, CA 92101 Attn: Kim John Kilkenny Fax (619) 234-4088 RWR Companies 3130 Bonita Road Suite 200B Chula Vista, CA 91910 Attention: Don MacLean A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided in this paragraph. b. Captions. Captions in this Agreement are inserted for convenience of reference and do not define, describe or limit the scope or intent of this Agreement or any of its terms. c. Entire Agreement. This Agreement contains the entire agreement between the parties regarding the subject matter hereof. Any prior oral or written representations, agreements, understandings, and/or statements shall be of no force and effect. This Agreement is not intended to supersede or amend any other agreement between the parties unless expressly noted. d. Preparation of Agreement. No inference, assumption or presumption shall be drawn from the fact that a party or his attorney prepared and/or drafted this Agreement. It shall be 12 conclusively presumed that both parties participated equally in the preparation and/or drafting this Agreement. e. Recitals; Exhibits. Any recitals and exhibits set forth above are incorporated by reference into this Agreement. L Attorneys' Fees. If either party commences litigation for the judicial interpretation, reformation, enforcement or rescission hereof, the prevailing party will be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. [NEXT PAGE IS PAGE ONE OF SIGNATURE PAGES] [PAGE ONE OF TWO SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT NEIGHBORHOODS R-49B, R-50A, AND R-50B OF THE OTAY RANCH, VILLAGE ONE WEST, SPA ONE] CITY OF CHULA VISTA Mayor of the City of Chula Vista Attest: Susan Bigelow City Clerk Approved as to Form: John 1~. l~aheny City Attorney DATED: ,2000 [NEXT PAGE IS PAGE TWO OF SIGNATURE PAGES] 14 [PAGE TWO OF TWO SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR NEIGHBORHOODS R-49B, R-50A, AND R-50B OF THE OTAY RANCH, VILLAGE ONE WEST, SPA ONE[ DEVELOPERS/OWNERS: OTAY PROJECT, L.P., a California limited partnership By: Otay Project, LLC, a California limited liability company, General Partner By: Otay Ranch Development, LLC, a Delaware limited liability company, Authorized Member By:. RWR Otay Investor 49A LLC, a Delaware limited liability company B y.'~.~ RWR Otay Investor 50 LLC a Delaware limited liability company (ATTACH NOTARY ACKNOWLEDGMENTS) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Countyof ~o.¥-, ,~%, L~.~O personally appeared ~--'~f,~'t'k~'~c~C L_~'C~Y\ [/ _, _~l::~onally known to me L) proved to me on the basis of satisfactory evidence to be the p_ersoq!(s) whose name(s) i~s/a~e- subscribed to the within instrument and acknowledged to me that. h~e/sl:~Lthey executed the same in __h i~s/herCt~ei¢ authorized ~(ies), and that by ~i_s/her/their J ~L~'J S~n Diego Co~rdy ~ ~ t~t~ ,rc,(s) on the instrument the person(s), or ~'~'~ MyOomm~ F-~o27,20~ the entity upon behalf of which the person(s) acted, executed the instrument. WIT~ql~SS my hand and official seal. OPTIONAL Description of Attached Docurn~nt \ . Title or Type of Document: ~::)~)~_-f.~%-v~, ~._~ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: E~ Individual Top of thumb here l;; Corporate Officer-- Title(s): I~ Partner--~ Limited ~ General F_' Attorney in Fact ~ Trustee L~ Guardian or Conservator I Other: Signer Is Representing: List of Exhibits -Exhibit A Legal Description of Property 3_6 EXHIBIT "A" DESCRIPTIONS OF PROPERTY OF FINAL MAPS FOR NEIGHBORHOOD R-49B, R-50A, AND R-50B LOTS 4 AND 6 OF OTAY RANCH, VILLAGE ONE WEST "A" MAP NO. 1, CHULA VISTA TRACT NO. 98-06, ACCORDING TO MAP THEREOF NO. 14029 FILED IN THE OFFICE OF THE COUNTY RECORDER AUGUST 30, 2000 IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. [PAGE TWO OF TWO SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR NEIGHBORHOODS R-49B, R-50A, AND R-50B OF THE OTAY RANCH, VILLAGE ONE WEST, SPA ONE] DEVELOPERS/OWNERS: OTAY PROJECT, L.P., a California limited partnership By: Otay Project, LLC, a California limited liability company, General Partner By: Otay Ranch Development, LLC, a Delaware limited liability company, Authorized Member RWR Otay Investor 49B LLC, a Delaware limited liability company By: RWR Otay Investor 50 LLC a Delaware limited liability company By: (ATTACH NOTARY ACKNOWLEDGMENTS) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California } ss. County of On ..,¢~¢~.f~ ¢-.¢ 2~)Z , before me, /~',,¢,~: ~.c-..,.~2 /_~.-.,¢~'~ A,¢~ ,~-'~,~-/~ , Date/" Name and Title of Of~cer (e g ~e Doe, Notary Cublic') personally appeared ¢.~'~,~¢- Name(s) of Signer(s) '~personally known to me II proved to me on the basis of satisfactory evidence - to be the persor¢o~ whose name(.&) is/a~e ~--..~:~--M^,;~CTAN~'O~AT;; subscribed to the within instrument and ]~ Cornmi~on# t2,~04~6 ~z acknowledged to me that he/~hc/thcy executed ~ ~ Notor/Public ~ California ~ ~ ~E~I;~ Son Diego Count/ ~ the same in his/hcr/thoir - authorized ~l~¢/C~mm.r::x~:~,N:~i3,2g04f capacity(4es), and that by signature(e) on the instrument the person(~,.}-, or the entity upon behalf of which the person(e-) acted, executed the instrument. WIT ~m.y hand I. Place Notan/ Seal Above OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this forn~ to another document. Description of Attached Document , Title or Type of Document: ~'~¢/~ - ,/~-,.,~,~ / ~::~'~'~ · ,-'~--~'~'/~ Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ids) Claimed by Signer Signer's Name: Il IIndividual Top of thumb here I Corporate Officer-- Title(s): I Partner-- [_- Limited F I General I Attorney in Fact I Trustee EZ Guardian or Conservator L2i Other: Signer Is Representing: COUNCIL AGENDA STATEMENT Item Meeting Date 05/01/01 ITEM TITLE: A PUBLIC HEARING TO CONSIDER ADOPTION OF AN URGENCY ORDINANCE AMENDING CITY ORDINANCES 1670, 2507, AND 2509; AND AMENDING CHAPTERS X (BUILDING AND HOUSING), XIV (PLANNING), AND XV (FIRE) OF THE CITY'S MASTER FEE SCHEDULE. AN URGENCY ORDINANCE NO. OF THE CITY OF CHULA VISTA, CALIFORNIA, AMENDING ORDINANCE 1670 RELATING TO SIGN PERMIT AND PLAN REVIEW FEES; AND 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. SUBMITTED BY: Director of Planning and Building/~' Director of Budget and Analysis ~ REVIEWED BY: City Manager ~ ~?~/ (4/Sths Vote: Yes X No__) On Apdl 3, 2001, Ordinance 2832 amending the City's Master Fee Schedule was approved by Council after its first reading and adopted by Council after its second reading of April 17, 2001 to take effect 60 days thereafter. On April 3, 2001, Council also approved Urgency Ordinance 2831-A, the first in a sedes of three 30-day urgency ordinances necessary for immediate implementation of those categories of fees proposed for overall reduction. The present urgency ordinance will continue the fee changes imposed by Urgency Ordinance 2831-A for an additional 30-days. The fee changes proposed in the present urgency ordinance are identical to those previously adopted in Urgency Ordinance 2831- A and are detailed in Attachment A of this document. For convenience, the fee changes proposed in Ordinance 2832 are included as Attachment B. These fee changes are supported by both the Building Industry Association (Attachment C) and the Board of Appeals and Advisors (Attachment D). RECOMMENDATION: That City Council adopt an urgency ordinance amending ordinances 1670, 2507, and 2509, resulting in changes to sections 15.52.020, 15.08.050, and 15.16.050 of the Municipal Code as indicated in Attachment E, and amending Chapters X (Building and Housing), XIV (Planning), and XV (Fire) of the City's Master Fee Page 2, Item ~' Meeting Date 05/01101 Schedule as indicated in Attachment A, effective for a period of thirty (30) days from the date of adoption. BOARDS AND COMMISSIONS: City staff initially presented the methodology and results of the building fee study to the Chula Vista Board of Appeals and Advisors at their December 12, 2000 meeting. City staff incorporated the Board's suggestions into the study and made a second presentation to the Board at their March 12, 2001 meeting. As indicated in the minutes from this meeting (included as Attachment D), the Board unanimously supported the proposed fee changes. ENVIRONMENTAL REVIEW: 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). DISCUSSION: The first step in the process of analyzing the costs of providing building-related services and the fees charged for these services was to identify the total costs (both direct and indirect) of providing building-related services. The direct costs associated with providing building-related services primarily consisted of the salaries, benef'~s and supplies and services related to direct service providing staff (i.e. Plans Examiners, Building Inspectors, Development Service Technicians). The indirect costs associated with providing building-related services primarily consisted of the proportional shares of the salaries, benefits, and supplies and services related to departmental management and citywide support services. Examples of indirect costs include departmental management and clerical support, information services, personnel, and payroll. Since indirect costs represent a substantial portion of overall costs, staff felt it prudent to update : the City's indirect cost allocation prior to undertaking the fee study. This was particularly important because the quantity, composition, and compensation of city staff changed significantly during the prior fiscal year. Updating the City's indirect cost allocation improved the accuracy of the allocation of City and Departmental support services and their associated costs to the various building- related services. Completing the indirect cost allocation required the contributions of numerous city staff and included extensive interviews with key personnel from each department and an in depth review of all departmental budgets. The indirect cost allocation was used in conjunction with direct cost data collected during interviews with personnel from the Divisions of Building, Engineering, Planning and Fire Prevention to determine the total costs of providing plan review, building and ancillary inspections, permit processing, Page 3, Item ~' Meeting Date 05101101 permit issuance, and plan maintenance services. It was determined that costs related to plan review were incurred by each of these divisions while costs .- related to building inspection and permit processing were confined to the divisions of Building and Engineering. The second step in the process was to collect data regarding types of building activities (e.g. new construction, additions, tenant improvements), permit volume for each activity, and the relative time to complete each building-related service. These data were collected from staff interviews and the Permits Plus database. Since many permit fees are based upon building valuation, it was necessary to further demarcate permit volume for several valuation ranges. This required making adjustments to the building valuations recorded by Permits Plus because the existing fees are based upon building valuations derived from tables published by Building Standards in 1993 and the proposed fees are based upon building valuations derived from tables published in the most recent edition of Building Standards. This procedure effectively eliminated the impact of changing the basis for building valuation to the most recent set of Building Standards tables and insured that any changes in permit fees resulting from this study would be strictly representative of changes in total costs and the allocation of total costs to the various building activities. Next, total costs were allocated to the vadous building activities based upon permit volume and the relative time required to complete each service. Since the building services provided for any given permit potentially extend a year or more beyond the time of issuance, it was decided to base costs on the current year's budget and to base levels of service on the prior year's actual permit volume. This methodology was chosen for two reasons. First, it insures that resource levels will always be sufficient to complete services in a timely manner. Second, it allows for simple, fair, and consistent annual adjustments to the building fee schedule because overcharging or undercharging dudng any given year is compensated for by the following year's fee update. For example, if permit volume were to temporarily drop then the adjustment mechanism would increase ~' fees in the subsequent year because total costs would now be spread over a smaller number of permits. The opposite effect would occur if permit volume were to increase substantially. If increases or decreases in permit volume were deemed permanent then staffing levels would be adjusted accordingly resulting in fairly constant fees over the long run. Finally, the cost data were matched with the permit volume data to ardve at fees for each type of service and activity. To facilitate the transition to the proposed fee schedule an effort was made to retain the structure of the current fee schedule as much as possible while concurrently simplifying it by eliminating redundant fees. For example, under the existing fee schedule the total permit fee charged for a typical tract home includes building plan review fees, site plan and architectural review fees, building permit fees, permit issuance fees, unit fees based upon the number of plumbing, mechanical, and electrical fixtures, Page 4, Item ~ Meeting Date 05/01/01 plan maintenance fees, and Certificate of Occupancy fees. Under the proposed fee schedule the fee for the same permit would be comprised of a plan review fee and a permit processing/inspection fee. Maintaining the existing fee structure while simplifying the fee schedule significantly reduces the cost of redesigning the Permits Plus System to conform to the proposed fee schedule. Two types of fees are being proposed as a result of this study: fiat fees and valuation-based fees. Flat fees are proposed for any services where the level of effort required did not vary significantly enough to warrant disparate fees. Valuation-based fees were only proposed when a nexus existed between a buitding's valuation and service costs. Basing certain fees on building valuation helped to improve equity among fee payers because building valuation accurately reflects design complexity, materials, square footage, and other features that affect the level of staff effort required. Using fiat and valuation- based fees instead of charging on an hourly full cost recovery basis helped reduce record keeping costs and resulted in lower fees overall. However, it is important to note that the use of fiat and valuation-based fees may require annual review and possible annual adjustments when permit volume or costs change significantly. For valuation-based fees, the valuation ranges were chosen to group together similar types of permits. Table 1 lists the valuation ranges being proposed and the most common types of permits in each range. Table 1: Proposed Valuation RanRes Total Valuation Most Common Permit Types $1 to $2,000 Masonry Wails, Roofing, City Standard Plans $2,001 to $100,000 Additions to Single Family Residences and Tenant improvements $100,001 to $300,000' New Single Family Tract Homes $300,001 to $500,000 New Single Family Custom Homes and New Apartments / Condominiums $500,001 to $1,000,000 New Commercial Construction $1,000,001 and up New Commercial Construction and New Apadments / Condominiums The proposed changes to the City's existing Master Fee Schedule are presented in Attachment A of this document. While the City's general policy has been to charge permit fees commensurate with the full cost of the services provided, some situations warrant modifying this policy in order to maintain public safety. Staff and the Board of Appeals and Advisors supports a policy that would provide a financial incentive to individuals that need to replace or repair equipment and/or materials that are essential to the maintenance of safe and habitable residences. Page 5, Item ~ Meeting Date 05/01/01 By subsidizing the cost of certain minor residential permits such as water heaters, fumace replacements, gas. line repairs, and the resetting of gas and -' electric meters, the City will be encouraging applicants to ensure that their repair work is being done in a safe and reliable manner, which will enhance safety for not only the individual residence but also the surrounding neighborhood. It is also appropriate to recognize that some homeowners will cite the cost of the permit as justification for not obtaining the required permits. When this occurs it creates life safety issues for users of the structures as well as the immediate neighborhood and burdens the City's Code Enforcement Section with a duty to pursue correction of the violation. The cost associated with pursuing a code enforcement complaint exceeds the cost of the proposed subsidy for these types of minor permits. The types of permits being proposed for subsidy are only those for which homeowners have very limited control over the timing of the need for such repairs. Other minor residential permits, such as patio covers, air conditioning systems and room additions, are not being recommended for subsidy because they do not constitute work that must be performed to maintain the safety and habitability of a structure and are elective actions. Staff is proposing that fees for these types of permits be charged at 50% of the actual costs. The impact on the City's FY 2001 general fund resulting from this action is estimated at $50,000 assuming that permit volume continues at its FY 2000 level. Key Findin,qs 1. Since the current policy of charging separate plan review fees for the Divisions of Planning, Building, Engineering, and Fire Prevention is cumbersome, A single fee schedule for plan review should be adopted that accurately captures the total costs incurred by these four divisions. 2. The amount of time required to review patio cover, masonry wall, carport, and deck plans conforming to city standards were not found to increase with building valuation. Therefore, A fiat fee for the review of all plans conforming to city standards should be adopted. 3. The amount of time required to review of repetitive home plans (i.e. plans identical to previously approved model home plans) was not found to increase with building valuation. However, the process of tracking previously approved model home plans, identifying plans that are potentially repetitive, and verifying that a plan is indeed identical to a previously approved model plan is a cumbersome and time consuming process. Therefore, Page 6, Item Meeting Date 05101/01 A program allowing for a state licensed architect to provide authentication of repetitive plans should be implemented and a fiat fee for the review of all authenticated repetitive plans should be adopted. 4. To ensure resource levels will always be sufficient to complete services which have been paid for in a timely manner and to ensure that fees are maintained at an equitable level, Fees for building-related services should be adjusted based on the current year's budgeted costs, the prior year's permit volume, and the most recently published Building Standards valuation tables. This adjustment mechanism may require increasin.q or decreasinq fees in future years to keep pace with temporary swings in development activity. 5. The separate unit fee schedules for electrical, plumbing, and mechanical permits were found to be of little benefit when used in conjunction with building permits. In addition, they were found to be a hindrance to providing quick and accurate fee estimates. Therefore, The unit fee schedules should be eliminated and the costs associated with providing these services incorporated in the building permit fee. 6. To increase the likelihood that potentially dangerous residential repairs are performed in a safe and reliable manner and to reduce potential code enforcement costs, Permits for residential repairs that generally preclude a homeowner from planning for the expense of the repair (i.e. water heater replacements) should be subsidized at 50% of the actual costs of providing these services. 7. Interviews with personnel in the Division of Fire Prevention indicated a substantial amount of Fire Prevention staff time is being committed at no charge to the review and inspection of fire suppression and preventions systems. Therefore, Fees should be implemented to cover the costs associated with the plan review and inspection of sprinkler systems, hydrant installations, fire alarm systems, and hood suppression systems. Page 7, Item ~ Meeting Date 05/01/01 Impact of Proposed Changes on Fee Payers Adoption of the proposed changes to the Master Fee Schedule would affect numerous parties including large tract housing developers, building contractors, and individual home owners. In particular: · Permit fees for minor items such as water heater replacements and the addition of air conditioning units would increase but would still generally be lower than the average fee charged by other San Diego County jurisdictions. · The costs for permits to construct small structures such as patio covers, room additions, and masonry walls would rise slightly. · Developers of tract housing would pay somewhat higher fees for model home permits but substantially lower fees for each repetitive home in the tract. Thus, the permitting costs for a tract development under the proposed fee schedule would be much lower than the costs under the existing fee schedule. · The permit fees for custom homes and large commercial projects would generally (but not uniformly) increase slightly. Attachment F lists a sampling of typical permits and compares the fees charged under the current and proposed Chula Vista fee schedules. These fees are also compared to an average of the fees charged by several other jurisdictions within San Diego County. The proposed fees for model and custom homes would be the highest of the five jurisdictions in the comparison. However, the proposed fees for repetitive homes and tract home developments would be the lowest in the County. For most other types of permits the proposed fees are faidy consistent with those being charged by other San Diego County jurisdictions. Urgency The increased volume of building permits coupled with improved operational efficiency by the divisions of Planning, Building, Engineering, and Fire Prevention have caused the revenues collected from the provision of building-related services to become out of line with the associated costs. Correcting this imbalance is in the direct interest of public welfare and it is therefore essential that the changes to the City's Master Fee Schedule and Municipal Code proposed in Urgency Ordinance 2831-A (adopted by Council April 3, 2001) remain in effect until Ordinance 2832 (adopted by Council April 17, 2001) becomes effective. Fiscal Impact The fees recommended in this report are designed to recover the full cost of providing all building permit, inspection and plan checking services with the exception of cer[ain minor residential permits for the replacement or repair of Page 8, Item O Meeting Date 05101101 equipment and/or materials that are essential to the maintenance of safe and habitable residences, which are being proposed at 50% of full cost recovery. The net cost to the General Fund of setting these fees at 50% of full cost recovery is estimated at $50,000 annually. When compared to the current fees, implementation of the recommended fee changes in this study is estimated to result in an overall fee and revenue reduction of approximately $1-1.4 million annually. There is no budgetary impact this fiscal year as budgeted revenues from these fees were estimated extremely conservatively pending the results of the fee study. The reduction in General Fund revenue for future years will be incorporated during the budgeting process. This amount is only approximate because the actual annual impact on the City's General Fund is dependent upon future permit activity, which is highly contingent upon unpredictable business cycles. The actual annual reduction in revenue may be higher or lower depending upon the actual annual permit volume realized in future years. .Acknowledgements This study and the resultant recommendations could not have been achieved without the cooperation and effor[s of staff from the Planning and Building, Public Works, and Fire Departments. The following individuals deserve a special thanks for their assistance in providing data and input, often within very tight time constraints: Sohaib AI-Agha, Bevedy Blessent, Greg Bot~orff, Lou EI-Khazen, Jim Geering, Jack Gdffin, George Krempl, Bob McSeveney, Gordon Murdoch, Norm Ostapinski, Bob Powell, Brad Remp, Jim Sandoval, Steve Stingl, Ed Thomas, Ed Van Eenoo, and Karen Wooten. A'FI'ACHMENT A: CHANGES TO THE MASTER FEE SCHEDULE (URGENCY ORDINANCE) CHAPTER X Building amt-Moash~ C. COMBINATION BUILDING~ PLUMBING~ MECHANICAL~ AND ELECTRICAL PERMIT FEE 1. With the exception of those permits specifically listed in sections E through I of this chapter, all feqs for processing and inspecting building~ plumbing, mechanical, and electrical permits shall be collected in accordance with the fee schedule below. TOTAL VALUATION COMBINATION INSPECTION / PERMIT PROCESSING FEE $1.00 to ....... $2,000.00 $!5.99 $76.00 ¢~n, ~N ,,.~ ~'~ NNn ~n · ~ ~ NN $76 00 for the first $590 90 $2,000 00 plus $2,001 to $100,000 $2.00 $7.00 for each additional $!09.90 $1,000.00 or fraction thereof, to ' and mcludmg ~.-, .... 00 $100,000.00 ~.~,,.~..~v¢~ nn~ Na +~.v ,-~,vvv.~e~ NaN aN $4-5~ $762.00 for the first $2,990.90 $100,000.00 plus $100,001 to $300,000 $9.99 $4.2.___~5 for each additional $1,000.00 or fraction thereof, to and including ,_~, .... 00 $300,000.00 $'~'~ aN $1 612 00 fo th first e,~ Nr~N Nn $300 000 00 $300~001 to $500,000 plus ..... $3.75 for each additional $1,000.00 or fraction thereof, to and including ,~ v, ...... $500,000.00 ........... , ............... · ..... , to and add/ .... al $500,001.00 to $1,000,000.00 ~.~, ...... $2,362.00 for the first $500,000.00 plus $~.00 $2.75 for each additional $1,000.00 or fraction thereof, to and including $1,000,000.00 $1,000,001.00 and up $3,529.5e $3,737.00 for the first $1,000,000.00 plus $2.00 $1.85 for each additional $1,000.00 or fraction thereof Master Fee Schedule Part II - Development Chapter X - Building and Hcux~g (~ .f~ 2. Eui!fling Combination Plan Review Fee a. A flat fee of $92.25 shall be collected for the review of city standard plans. b. A flat fee of $36.50 shall be collected for each repetitiv, e plan review. c. Fees for non-repetitive plan review shall be collected in accordance with the following fee schedule. TOTAL VALUATION NON-REPETITIVE PLAN REVIEW, FEE $1 to $2,000 ! $196.50 $2,001 to $I00,000 $196.50 for the first $2,~)00 plus $10.50 for each additional $1,000 or fi-action thereof, to and including $100,000 $100,001 to $300,000 $1,225.50 for the first $100,000 plus $5125 for each additional $1,000 or fraction thereof, to and includ'mg $300,000 $3Q0~001 to $500,000 $2,275.50 for the first $300,000 plus $4.25 for each additional $1,000 or fi-action thereof, to and including $500,000 $500,001 to $1,000:000 $3,125.50 for the first $500,000 plus $3.50 for each additional $1,000 or fraction thereof, to and including $1,000,000 $1,000,001 and up $4,875.50 for the first $1,000~000 plus $2.25 for each additional $1,000 or fi-action thereof SEE ALSO TABLE (S) ON FOLLOWING PAGE (S) Master Fee Schedule Part II - Development Chapter X- Building Other Inspections and Fees: Ma.~er Fee Schedule Part II - Development Ctmp~r X - Building and H~u~g ~- / / D. DETERMINATION OF VALUE The determination of value or valuation under any of the provisions of this master fee schedule or of the building code has been made by the building official. The value to be used in computing the building pemfit and building plan review fees shall be the total value of all construction work for which the permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, hearing, air conditioning, elevators, fire-extinguishing systems and any other permanent equipment re~:~: E. ELECTRICAL PERMIT FEES Fees for processing and inspecting eleclxical permits shall be as follows: 1. For issuing each permit $15.00 For issuing each supplemental permit $ 4.50 SYSTEM FEE SCHEDULE (Note: The following do not include permit-issuingfee~} New Residential Buildings - The following fees shall include all wiring and electrical equipment in or on each building, or other electrical equipment on the same premises constructed at the same time. For new multifamily residential buildings (apartments and .03 condominiums) having three or more living units not including the area of garages, carports and other noncommercial automobile storage areas constructed at the same time, per square foot. For new single- and two-family residential buildings not .035 including thc area of garages, carports and other minor accessoxy buildings constructed at the same time, per squm'e fogt. For other types of residential occupancies and alternations, additions and modifications to existing residential buildings, use the UNIT FEE SCHEDULE. Private Swimming Pools For new private, residential, 'in-ground, swimming pools for 30.00 single-family and multifamily occupancies including a complete system of necessary branch circuit wiring, bonding, grounding, underwater lighting, water pumping and other similar electrical equipment directly related to the operation of a swimming pool, each For other types of swimming pools, therapeutic wkirlpools, spas and alterations to existing swimming pools, use the UNIT FEE SCHEDULE. Carnivals and Circuses - Carnivals, circuses, or other traveling shows or exhibition~ utilizing transportable-type rides, booths, displays and attractions. Master Fee Schedule Part H - Development Chapter X - Build/rig .~nd H.~ xskng For electric generators and electrically driven rides, each 15.00 For mechanically driven rides and walk-through attractions o£ 4.50 displays having electric li~,htin~, each For a system of area and booth lighting, each 4.50 For permanently installed rides, booths, displays and attractions, use UNIT FEE SCHEDULE. Temporary Power Service For a temporary service power pole or pedestal including all pole 15.00 or pedestal-mounted receptacle outlets and appurtenances, each For a temporary distribution system and temporary lighting and 7.50 receptacle outlets for construction sites, decorative light, Christmas tree sales lets, firework stands, etc., each UNIT FEE SCHEDULE (Note: Thefollowingdonotinclude?ermitissuingfee.) Receptacle, Switch and Lighting Outlets For receptacle, switch, lighting or other outlets at which current is used or controlled, except services, feeders and meters. First 20, each .75 Additional outlets, each .45 NOTE: For rnultioutlet assemblies, each Sfeet or fraction thereof may be considered as one outlet. Lighting Fixtures For lighting fixtures, sockets or other lamp-holding devices First 20, each .75 Additional fixtures, each .45 For pole or platform-mounted lighting fixtures, each .75 For theatrical-type lighting fixtures or assembhes, each .75 Residential Appliances For fixed residential appliances or receptacle outlets for same, including wall-mounted electric evens; counted-mounted cooking tops; electric ranges, self-contained room, console, or through-wall air conditioners; space heaters; food waste grinders; dishwashers; washing machines; water heaters; clothes dryers; or other motor- operated appliances not exceeding one horsepower (t-IP) in rating, each 3.00 NOTE: For other types of air conditioners and other motor-driven appliances having larger electrical ratings, see Power Apparatus. Nonresidential Appliances For residential appliances and self-contained factory-wired, nonresidential appliances not exceeding one horsepower (I-IP), kilowatt (KW), or kilovolt-ampere (KVA), in rating including medical and dental devices; food, beverage, and ice cream cabinets; illuminated show cases; drinking fountains; vending machines; laundry machines; or other similar types of equipment, Master Fee Schedule Part II - Development Chapter X - Building an~ H.e",m~g ~' [-~ each I 3.00 Power Apparatus For motors, generators, transformers, rectifiers, synchronous converters, capacitors, industrial heating, air conditioners and heat ' pumps, cooking or baking equipment and other apparatus, as follows: Rating in horsepower (HP), kilowatts (KW), kilovolt- amperes (KVA), or kilovolt-amperes-reactive (KVAR): Up to and including 1, each 3.00 Over 1 andnot over 10, each 7.50 Over 10 and not over 50, each 15.00 Over 50 and not over 100, each 30.00 Over 100, each 45.00 NOTE: I. For equipment or appliances having more than one motor. transformer, heater, etc., the sum of the combined ratings may be uxed. 2. These fees include all switches, circuit breakers, contractors, thermostats, relays and other directly related control equipment. Busways For trolley and plug-in type busways, each 100 feet or fi-action thereof, 4.50 NOTE: An additional fee will be required for lightingfixtures, motors and other appliances that are connected to Signs, Outline Lighting and Marquees For signs, outline lighting systems or marquees supplied from one 15.00 branch circuit, each For additional branch circuits within the same sign, outline 3.00 lighting system or marquee, each Services For services of 600 volts or less and not over 200 amperes in 18.50 rating, each For services of 600 volts or less and over 200 ~'nperes to I000 37.50 amperes in rating, each For services over 600 volts or over 1000 amperes in rating, each 75.00 Miscellaneous Apparatus, Conduits and Conductors For elecl~ica] apparatus, conduits and conductors for which a 11.00 permit is required but for which no fee is herein set forth NOTE: This fee is not applicable when a fee is paid for one or more services, outlets, fixtures, appliances, power apparatus, bu.~ways, signs or other equipment. These electrical permit fees only apply to individual permits. They do not apply when a combination permit fee has been collected under section C of this chapter. Master Fee Schedule Part II - Development Chapter X-Building and H~gs~g ~)-/ 4 G. MECHANICAL PERMIT FEES Fees for processing and inspecting mechanical permits shall be as follows: A. For the issuance ofthis permit 15.00 B. For issuing each supplemental p~mdt 4.50 C. For the installation or relocation of each forced air or 9.00 gravity type furnace/burner, including ducts and vents attached to such appliance, up to and including 100,000 Btu's D. For the installation or relocation of each forced air or 11.00 gravity type furnace/burner, including ducts and vents E. For the installation or relocation of each floor furnace, 9.00 including vent F. For the installation or relocation of each suspended 9.00 heater, recessed wall heater or floor mounted unit heater G. For the installation, relocation or replacement of each 4.50 appliance vent installed and not included in an application H. For the repair of, alteration of, or addition to each heating 9.00 appliance, refi-igeration unit, comfort cooling unit, absorption unit, or evaporative cooling system, including installation of controls regulated by this Code I. For the installation or relocation of each boiler or 9.00 compressor up to and including three horsepower, or each absorption system up to and including 100,000 Btu's J. For the installation or relocation of each boiler or 16.50 compressor over three horsepower to and including 15 horsepower, or each absorption system over 100,000 Btu's to and including 500,000 Btu's K. For the installation or relocation of each boiler or 22.50 compressor over 15 horsepower, or each absorption system over 500,000 Btu's to and including 1,000,000 Btu's L. For the installation or relocation of each boiler or ! 33.50 compressor over 30 horsepower to and including 50 horsepower, or for each absorption system over 1,000,000 gtu's and including 1,750,000 gtu's M. For the installation or relocation of each boiler or 56.00 refrigeration compressor over 50 horsepower, or each absorption system over 1,750,000 Btu's N. For each air handling unfit to and including 10,000 cubic 6.50 feet per minute, including ducts attached thereto O. For each air handling unit over 10,000 cubic feet per 11.00 Master Fee Schedule Pat'tH-Development Chapter X - Building ~ud minute P. For each evaporative cooler other than portable type 6.50 Q. For each ventilation fan connected to a sin$1e duct 4.50 R. For each ventilation system which is not a portion of any 6.50 heatin$ or air conditionin$ system authorized by a permit S. For the installation of each hood which is served by 6.50 mechanical exhaust, including the ducts for each hood T. For the installation of relocation of each domestic type 11.00 incinerator U. For the installation or relocation of each commercial or 45.00 industrial type incinerator V. For each appliance or piece of equipment regulated by 6.50 this Code but not classed in other appliance categories, or for which no other fee is listed in this Code i W. In addition, in situations similar to those listed under the subsection tiffed "Other Inspection and Fees" of Section X.C. (Building Permits), the fee shall be the same X. For the plan review of mechanical work 25% of total mechanical permit fee These mechanical permit fees only apply to individual permits. They do not apply when a combination permit fee has been collected under section C of this chapter. Master Fee Schedule Part/I - Development Chapter X - Building =d H~us/ag ~'/~ H, PLUMBING PERMIT FEES Fees for processing and inspecting plumbing permits shall be as follows: A. For issuing each permit 20.00 B. For issuing each supplemental p~nnit 10.00 C. For each plumbing fixture or trap or set of fixtures on one trap 7.00 (including water, drainage piping and backflow protection therefore) D. For each building sewer and each trailer park sewer 15.00 E. Rainwater system - per drain (inside building) 7.00 F. For each cesspool 25.00 G. For each private sewage disposal system 40.00 H. For each water heater and/or vent 7.00 I. For each gas piping system of one (1) to five (5) outlets 5.00 J. For each additional gas piping system outlet, per outlet 1.00 K. For each additional waste pretreatment interceptor including its 7.00 trap and vent, excepting kitchen type grease interceptors functioning as fixture traps L. For installation, alteration or repair of water piping and/or water 7.00 treating equipment M. For each repair or alteration of drainage or vent piping, each 3.50 fixture 7.00 N. For each lawn sprinkler system on any one meter; including 7.00 backflow protection devices therefore O. For atmospheric-type vacuum breakers not included in N. above 5.00 (1) to (5) P. Over (5), each 1.00 Q. For each backflow protective device other than atmospheric type vacuum breakers: 2-inch diameter and smaller 7.00 over 2-inch diameter 15.00 R. In addition, in situations similar to those listed under the subsection rifled "Other Inspection and Fees" of Section X.C. (Building Permits), the fee shall be the same These plumbing permit fees only apply to individual permits. They do not apply when a combination permit fee has been collected under section C of this chapter. Master Fee Schedule Part II - Development Chapter X - Building an~ H~:kng CHAPTER XIV Planning E. SIGNS tate Master Fee Schedule Part II - Development Chapter XAz XIV - ~ ....... Plannin~ CHAPTER XV Fire Department Fees B. PLAN REVIEW AND INSPECTION Fees for the plan review, plan re-submittal, consultation, inspection, and re- inspection of fire suppression systems, hydrant placements, and fire alarm systems shall be collected in accordance with the following fee schedule. Activi ,ty Fe__ge Fire Sprinkler System $640 Tenant Improvement Fire Sprinkler System $275 Fire Hydrant Installation $275 Fire Alarm System $185 Hood Fire Suppression Systems $135 Master Fee Schedule Part II - Development ~/.~/~ Clmpter XVI ~ - O~er F~ Fire ATFACHMENT B: CHANGES TO THE MASTER FEE SCHEDULE (REGULAR ORDINANCE) CHAPTER X Building ~ C. COMBINATION BUILDING~ PLUMBING: MECHANICAL~ AND ELECTRICAL PERMIT FEE 1. With the exception of those permits specifically listed in sections E through I of this chapter, all fees for processing and iuspeeting building~ plumbing, mechanical, and electrical permits shall be collected in accordance with the fee schedule below. TOTAL VALUATION COMBINATION INSPECTION / PERMIT PROCESSING FEE $I.00 to $509.00 $2,000.00 $!5.99 $76.00 · cnl nn +,-, ~ nnn nn ¢ ~ c an $76 00 for the first $500 0O $2 .00 plus ........... , .............. ,000 ..... additional $ ...... $1,000.00 or $2,001 to $ ] 00,000 ~'~ nn $7.00 for each . - ~ nn nn fi-action thereof, to and including $2,900.00 $100,000.00 .~.,vv..~¢~ na~ aa +..v ,-~,~.v~¢~ naa an ...... $762.00 for the first .~~, ...... $100,000.00 plus $100,001 to $300,000 $~.99 $4.25 for each additional $1,000.00 or fi-action thereof, to ' · co< aaa na aad including ~,.~, ...... $300,000.00 e~ hal an +, eta nan an ! $252 00 $1,612 00 for the first $25,000.00 $300,000.00 $300,001 to $500,000 plus g5.50 $3.75 for each additional $1,000.00 or fi-action thereof, to and including $50,000.00 $500,000.00 $500,001.00 to $1,000,000.00 $2,027.50 $2~362.00 for the fLrSt $500,000.00 plus ..... $2.75 for each additional $1,000.00 or fi-action thereof, to aud including $1,000,000.00 $1,000,001.00 and up $~,527.50 $3,737.00 for the f~-st $1,000,000.00 plus $2.00 $1.85 fo~ each additional $1,000.00 or baction thereof Master Fee Schedule Part II - Development Chapter X _ Building :n,~ Hc.,~:/ag 2. ~ Combination Plan Review Fee a. A flat fee of $92.25 shall be collected for the review of city standard plans. b. A flat fee of $36.50 shall be collected for each repetitive plan review. c. Fees for non-repetitive plan review shall be collected in accordance with the following fee schedule. TOTAL VALUATION NON-REPETITIVE PLAN REVIEW FEE $1 to $2,000 $196.50 $2,001 to $100,000 $196.50 for the first $2,000 plus $10.50 for each additional $1,000 or fi.action thereof, to and including $100,000 $100,001 to $300,000 $1,225.50 for the first $100,000 plus $5.25 for eacl~ additional $1,000 or fi.action thereof, to and including $300,000 $300.001 to $500.000 $2,275.50 for the first $300,000 plus $4.25 for each additional $1,000 or fraction thereof, to and including $500,000 $500,001 to $1,000,000 $3,125.50 for the first $500,000 plus $3.50 for eacl~ additional $1.000 or fraction thereof, to and including $1,000,000 $1.000.001 and up $4,875.50 for the first $1.000,000 plus $2.25 for each additional $1.000 or fraction thereof SEE ALSO TABLE (S) ON FOLLOWING PAGE (S) Master Fee Schedule Pm II - Development Chapter X - Building =n~ Hcu.~/xg ~' ~ ] Other Inspections and Fees: Master Fee Schedule Part H - Development ~...~ ~ Chapter X - Building and Hcxz/=g D. DETERMINATION OF VALUE The determination of value or valuation under any of the provisions of this master fee schedule or of the building code has been made by the building official. The value to be used in computing the building permit and building plan review fees shall be the total value of all construction work for which the permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, hearing, air conditioning, elevators, fire-extinguishing systems and any other permanent equipment rex::,:: E. ELECTRICAL PERMIT FEES Fees for processing and inspecting electrical permits shall be as follows: Master Fee Schedule Part ~ - Development Chapt er X - Building a~mi-R-e~,i~ ,-1 Master Fee Schedule Pm'tH-Development ~ ~5" Chapter X - Building and H.~uz~g TYPE OF PERMIT FEE For the installation, relocation, replacement, or alteration of each: T~rnporarg power pole $117.25 Temporary or perman~mt service pedestal $101.75 T.emporarv liMating system $101.75 Temporary power on a permanent base $66.00 CATV electrical meter enclosure with or without gas $110.50 New electric meter (see below for resetting fee) $135.25 Upgrade of existing electrical service $110.50 For each resetting of an electric meter* $86.00 For each overhead to underground conversion $86.00 Miscellaneous wiring/conduit (including mechanical apparatus) $86.00 * The fee for residential repairs or replacements shall be 50% of the stated fee. These electrical permit fees only apply to individual permits. They do .not apply · when a combination permit fee has been collected under section C of this chapter. G. MECHANICAL PERMIT FEES Fees for processing and inspecting mechanical permits shall be as follows: F ........ ~ ..... d.50 F ........ a .......................... 1 .... n nn M~-tc~ Fcc Schedule Part H - Development / Chapter X - Building =d Hcnr,~gr~"X- ~ t~ Master Fee Schedule Part I/- Development Chapter X - Building and H~uz/ng ~/' ~ 7 TYPE OF PERMIT FEE For the installation, relocation, replacement, or alteration of each: Forced air or gravity type furnace/burner (FAU) including ducts and $83.75 vents* Floor furnace including vent* $83.75 Suspended heater $83.75 Recessed wall heater* $83.75 Floor mounted heater* $83.75 Appliance vent $83.75 Commercial boiler $83.75 Commercial refriseration compressor $83.75 Commercial absorption system ~83.75 Commercial air handling unit including ducts $83.75 Commercial evaporative cooler (other than the portable type) $83.75 Commercial ventilation system that is not a portion of any heating or $83.75 air conditioning system Hood that is served by mechanical exhaust including ducts _$.83.75 Commercial incinerator $83.75 Cooling or air conditioning unit $104.00 For each repair, alteration, or addition to an existing heating appliance, $83.75 refrigeration unit~ enoling or air conditioning unit, absorption unit, or evaporative cooling system * The fee for residential repairs or replacements shall be 50% of the stated fee. These mechanical permit fees only apply to individual permits. They do not apply when a combination permit fee has been collected under section C of this chapter. Master Fee Schedule Part I~- Development Chapter X - Btuldmg H. PLUMBING PERMIT FEES Fees for processing and inspecting plumbing permits shall be as follows: .......... r ......... ~ ............. r ......................... al~ 7-:00 ..... ~, ~ .... 1.00 .......................... 7.00 ................ ~r 15.00 Master Fee Schedule Part II - Development C-'hapt er X - Buil ding a~I. ous/~ TYPE OF, PERMIT FEE For the installation, replacement, relocation, or alteration of each: Water heater and/or vent* $6&25 Water piping systen]. $106.00 Sewer lateral $61.50 Trap, drain, and/or vent $72.50 Building sewer or trailer park sewer $72.50 Commercial rainwater system ..$72..50 Private sewage disposal system $72.50 Gas piping system* $72.50 New Gas meter (see below for resetting fee) $72.50 Commercial waste pretreatment interceptor including its trap and $72.50 vent, excepting kitchen type grease interceptors functioning as fixture traps Water treating equipment $72.50 For each resetting of a gas meter* $72.50 * The fee for residential repairs or replacements shall be 50% of the stated fee. These plumbing permit fees only apply to individual permits. They do not apply when a combination permit fee has been collected under section C of this chapter. Master Fee Schedule Part 13 - Development Chapter X- Building CHAPTER XIV Planning · .~ ~ ~, .... ::l~.~ . alu c. $ 90, ~ ....... ~ E. SIGNS 1. ~i~ Pc~tc Master Fee Schedule Part II - Developmenl Chapter X~r XIV - C~er Fcc: Planning CHAPTER XV Fire Department Fees B. PLAN REVIEW AND INSPECTION Fees for the plan review, plan re-submittal, consultation, inspection, and re- inspection of fire suppression systems, hydrant placements, and fire alarm systems shall be collected in accordance with the following fee schedule. '~ctivi~ .... Fee Fire Sprinkler System $640 Tenant Improvement Fire Sprinkler System $275 Fire Hydrant Inst~llation $275 Fire Alarm System $185 Hood Fire Suppression Systgnns $135 Master Fee Schedule Part l~ - Development Chapter ~VI ~- ©~er Fees Fir__ge gT'~i-.CHMENT C: BUILDING INDUSTRY ASSOCIATION LETTER OF ENDORSEMENT BU~D~G INDU~RY A~OC~ON O~ 5~ D~G0 COUNt' PR~IDENT 'ACE ~ ~ Ci~ of~ula Vista ~ukV~ CA ~]Pl0 7R~SU~'SE~R~Y ~n[ ~RESID~T v.:~ ~S~D~ C~ tim~ ~c w~l b: su~cr~g your propo~:d fes r~visions wh=n ~.,:r my s~:::: ~ to you ~fl yo~ ~mg ~: ~-s ~v:lopm~t of Chuia ~TTAC~KENT D: MINUTES FROM MARCH 12, 2001 BOARD OF ~PPEALS AND ADViSOrS M£ET~NG MINUTES OF A REGULAR MEETING BOARD OF APPEALS AND ADVISORS CITY OF CHULA VISTA, CALIFORNIA March 12, 2001 Conference Room No. 1 5:15 p.m. MEMBERS PRESENT: Chairman O'Neill, Vice-Chairman Monaghan, Board Members Compton, Kaya, Romo, and Tdplette MEMBERS ABSENT: None CITY STAFF PRESENT: Assistant Director Remp, Deputy Building Official Murdoch, Plan Check Engineer EI-Khazen, Administrative Office Assistant Michel, Director of Budget and Analysis Fruchter, and Senior Management Analyst Van Eenoo CALL tdEETING TO ORDER: Chairman O'Neill called the meeting to order at 5:15 p.m. ROLL CALL: Members present constituted a quorum. 1. DECLARATION OF EXCUSED/UNEXCUSED ABSENTEEISM: NIA 2. APPROVAL OF MINUTES: MSUC Triplette/Compton (6-0) to approve the minutes of December 11,2000. S. NEW BUSINESS: " Formal Approval of New Fees Assistant Director Remp stated that although the agenda says "Formal approval of new fees," the formal approval would be from the City Council, and the request is the formal recommendation and authorization to take the new fee schedule to the City Council. The draft of the Council Agenda Statement was included in Agenda package. Chairman O'Neill asked a question regarding recovery of Fire Department fees in regards to non-recurring fees and annualized inspections. The question was answered by Asst. Director Remp and Director Fruchter. Board Member Compton questioned how money being taken out of the general fund would be repta, ced. Director Fruchter stated that the budget for next year reflects the level of fees being recommended. It balances the cost of revenue. Board .of Appeals & Advisors -2- Ivlarch 12, 2001 A brief discussion was held on simplifying the process for getting similar type permits, such as water heaters. Chairman O'Neill asked if there were additional questions. After headng none, a motion was made to recommend that City Council adopt the new fee schedule. MSUC Romo/O'Neill (6-0) to make recommendation to City Council to adopt the new fee schedule. 4. CHAIRMAN'S COMtdENTS/REPORT: A. Chairman O'Neill wanted to commend the Building Division for enlisting the help ' of one of the PhotoVoltaic producers/installers to write specifications on a book on PhotoVoltaic Systems. 5. 3UILDING OFFICIAL'S COMMENTS/REPORT: . ,-~. Asst. Director Romp informed the Board that he was unable to attend the CALBO conference. Sue Gray, Code Enforcement/Permits Manager, did attend in Brad's place. She has put together a notebook on the kinds of things that are going on atthe State level. Energy Standards have been adopted and wilt have an impact on us. Effective date for new construction is June 1, 2001, except for phases that are under construction. '- '¢,~-" ~ ~ff~,.uv~ date for those are January 1, 2002. 6. COMIviUNtCATIONS (PUBLIC REMARKSANRITq-EN CORRESPONDENCE): None 7. .-,DJOURNM,-NT. Chair-man O'Neill adjourned the meeting at 5:40 p.m. to ~h_ next regular meeting scheduled for April 9, 2001. BRAD REMP, C.B.O. ASST. DIR. OF PLAt'~NING & BUILDING ! BUILDING OFFICIAL SECRETARY TO THE BOARD OF APPEALS AND ADVISORS lv11NUTES TAKEN BY: KAREN SEITER SECRETARY PLANNING & BUILDING DEPARTMENT (A:~,3122.D 011'A.d D c) ATTACHMENT E: REQUIRED CHANGES TO ORDINANCE NOS. 1670, 2507, AND 2509 ORDINANCE NO. 1670 Section 15.52.020. ORDINANCE NO. 2507 Sedion 15.08.050. Section 304(c) Plan Review Fees. When a plan or other data are required to be submi~ed by Section 302(b), a plan review fee shall be paid at the time of submiffing plans and spe~tions for review. Said plan review shall be c~ .~.- ...... .... ~ ~,~ m~..,~ ~,,.~ ....... ...... ~ .~,..,..~' ~,~ as c~c,:.m specified in the Master Fee Schedule. ORDINANCE NO. 2509 Se~on 15.16.050. Section 304(c) Pian Review Fees. When a pian or other data are required to be submiEed by S~on 302 (b), a plan review fee shall be paid at the time of submi~ing plans and specifi~tions for review. The plan review fees for mechanical work shallbe ~ as se~ fcd~ specified in the master Fee Schedule of the City of Chula Vista. ORDINANCE NO. 2831-B URGENCY 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 RESPECTWELY; AND AMENDING CHAPTERS X (BUILDING AND HOUSING), XIV (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 City Council adopted an ordinance on April 10, 2001, increasing certain permit and plan review and other fees within the City of Chula Vista; and WHEREAS, pursuant to Govemment Code Section 66017(a), the fees increased by that ordinance will not become effective until sixty (60) days after its adoption; and WHEREAS, projects in the City which will impact various building activities will be applying for various permits during the interim period before the revised fees becomes effective; and WHEREAS, Government Code Section 66017(b) authorizes the City to adopt an interim fee as an urgency measure upon making a finding describing the current and immediate threat to the public health, welfare, and safety; and WHEREAS, said interim measure will be effective for thirty (30) days and may be extended twice for additional thirty (30) day periods upon subsequent action by the City Council; 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 fi.om CEQA under Section 15261 (Ongoing Projects); and WHEREAS, state law requires said urgency ordinance to be adopted by a four-fifths vote. NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as follows: Ordinance 2831 -B Page 2 · 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 The City Council finds that the legislative findings and determinations set forth in Ordinances 1670, 2507 and 2509 continue to be true and correct; and The City Council finds that the amount of the amended fees levied by this ordinance does not exceed the estimated cost of providing the City services. SECTION 2: Finding of Urgency That the City Council of the City of Chula Vista finds that it is necessary that its revised fees for permits and related fees go into effect immediately in order that all projects in the City pay only their fair share of the cost of permit and plan review and related fees which relate to the services provided by the City. Immediate implementation of this fee is necessary due to the current and immediate threat to public welfare, which will result should there be a continuation of an imbalance in the collection of fees for City services. The City Council finds that the prospect of an unbalanced collection constitutes a current immediate threat to the public health, welfare and safety justifying the immediate revision of these fees. SECTION 3. Ordinance 1670 is hereby amended by repealing Section 15.52.020 of the Chula Vista Municipal Code. SECTION 4: Ord'mance 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 specifications for review. Said plan review shall be as specified in the Master Fee Schedule. SECTION 5: Ordinance No. 2509 is hereby amended by amending Section 15.16.050 of the Chula Vista Municipal Code as follows: Ordinance 2831-B Page '3 Section 15.16.050. 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 specifications for review. The plan review fees for mechanical work shall be as specified in the Master Fee Schedule of the City of Chula Vista SECTION 6: Chapters X (Building and Housing), XIV (Planning) and XV (Fire) of the City's Master Fee Schedule are hereby amended as set forth in Attachment A, attached hereto and incorporated herein by reference as if set forth in full. SECTION 7: All remaining provisions of the Ordinances amended herein shall remain in full force and effect until and unless specifically repealed or amended. SECTION 8. Expiration of this ordinance This ordinance shall be of no further force and effect 30 days after its adoption. SECTION 9: Time limit for protest and judicial action Any judicial action or proceeding to attack, review, set aside void or annul this ordinance shall be brought within the t/me period as established by law. In accordance with Government Code Section 66020(d)(1), the ninety-day approval period in which parties may protest begins upon the effective date of this ordinance. SECTION 10: Effective Date. This Ordinance shall become effective immediately upon four-fifths vote. Presented by Approved as to form by Robert A. Leiter John M. Kaheny Planning and Building Director City Attomey Page 1, Item: Meeting Date: 5/01/01 COUNCIL AGENDA STATEMENT ITEM TITLE: Resolution Approving the Master Plan for the proposed EastLake Greens neighborhood "Sunset View Park" and the revised easement for Otay Water District. SUBMITTED BY: Director of Parks and Recreation REVIEWED BY: City Manager ~-~ g~ ix,/ (4/5ths Vote: Yes No X ) INTRODUCTION: The EastLake Company is requesting approval ofthe revised Park Master Plan for the public neighborhood park site in the EastLake Greens subdivision. The Park site will also include an Otay Water District (OWD) below grade reclaimed water reservoir. STAFF RECOMMENDATION: That Council approve the revised Park Master Plan for the 10- acre public neighborhood park site in the EastLake Greens subdivision and approve the Park and Recreation Commissions recommendation for the park name to be "Sunset View" park. BOARDS/COMMISSIONS RECOMMENDATION: The Parks and Recreation Commission, at their regular meeting held on 3/15/01, voted unanimously (7-0) to approve the revised Park Master Plan for the 10-acre public neighborhood park site in the EastLake Greens subdivision and voted unanimously (7-0) a recommendation for the park name to be "Sunset View" park. Minutes from the meeting are attached. DISCUSSION: Background The proposed park is located along the west side of South Greensview Drive within the EastLake Greens neighborhood. The EastLake Greens neighborhood is located north of Olympic Parkway, West of Hunte Parkway, South of Otay Lakes Road and East of(future) SR-125 freeway. Park Development History In 1996 this 1 O-acre park site was designed with a program developed primarily with input from the previous Parks, Recreation and Open Space Department, including input for the previous Director Page 2, Item: Meeting Date: 5/01/01 (Valenzuela) and previous staff landscape architect. Schmidt) and the EastLake Company (TEC- Developer / Applicant). On March 21, 1996, the Parks and Recreation Commission approved a Park Master Plan for the 10- acre site. The approved park site Master Plan included the following program elements: Basketball Courts (two-standard size courts, lighted) · Multi Purpose / Roller Hockey Court (lighted) · Group-use Picnic Shelter · View Shelter · Jogging Trail (1/2-mile loop) · Low-maintenance Landscape Design · Parking Lot (58 spaces) · Pedestrian-access Ramps to the Water & Power Easement Trail · Picnic Facilities (five with tables and shade structures) · Children's Play Area · Restroom / Maintenance Facility Building · Soccer Field (one-standard size, not lighted) The approved park site Master Plan was not subsequently presented to City Council for approval. On May 12 1997, the previous Director (Valenzuela) and department staff met with representatives of the Otay Water District (OWD), the Otay Ranch Company, and TEC to discuss their proposal of incorporating a below grade, reclaimed-water reservoir and minor OWD facilities on the 10-acre park site. The reservoir was proposed to be located below the multi-purpose court at the southeast comer of the park site. The p?oposal was not completely developed as the proposal would require the court to be raised ten (10') feet in elevation. On September 29, 1998, the 10-acre park site Master Plan was presented to the City's staff Park Management Team (PMT) for review and recommendations related to the program and the concept of a below grade reservoir on the site. In view of a recognized need for additional athletic sports field space in the City's parks and recreation system, the PMT requested a revision to include two soccer fields to replace the single one on the previous Parks and Recreation approved design and suggested the revised concept be forwarded to the Parks and Recreation Commission for their recommendation. Community Input During the time discussions between OWD and The City were underway detailing specifics of the water reservoir at this location, Park and Recreation Staff and OWD Staff met with EastLake Greens homeowners at their public forum Homeowners Association meeting of December 1999. Residents expressed concern for the park's delayed construction. Also identified concerns were noise and the Page 3, Item: Meeting Date: 5/01/01 lighted courts disturbance to the surrounding homes. In general however, the residents are enthusiastically looking forward to the anticipated use of the park. OWD Water Reservoir On May 20, 1999 the concept o f locating a below grade, recycled-water reservoir and on-grade pump station and accompanying access easements at the 1 O-acre EastLake Greens neighborhood park site was presented to the Parks and Recreation Commission for their recommendation. The Parks and Recreation Commission recommended support of the location ora below grade water reservoir in the proposed 1 O-acre park site. The City Attorney and attorney's for OWD drafted a "Joint Use and Grant of Easement Agreement by and between the City of Chula Vista and the Otay Water District" that, along with the concept of locating the OWD water reservoir on the EastLake Greens neighborhood 10-acre park site was subsequently presented to City Council. On August 22, 2000 the Chula Vista City Council approved the Agreement to locate the reservoir at this park location. Integration of Park Design with Water Reservoir During the review of the concept of location the reservoir at this park location several elements of the discussion were identified as having importance. It was anticipated that the park would be redesigned to best accommodate the joint use and this redesign would address the various issues. Two soccer fields have been increased in size to accommodate tournament play. The fields have been re-oriented to provide the adjacent homes a distance buffer from the more active recreation. Informal groves of trees will surround the soccer fields and provide additional buffering for the adjacent residents. The night-lighted roller hockey court, anticipated to generate the most noise and lighting disturbance, has been relocated to the center of the park. The reservoir has been relocated within the site to minimize disturbance to the parks use and operation. The elevation change has been minimized with amphitheater seating area oriented towards the roller hockey court. The basketball lighting has been eliminated. Access to the basketball court area is compliant with the American Disability Act. Increased tree plantings and three trellis structures are proposed to provide increased shade to the area that is the top of the reservoir. The previously proposed view shelter is now cantilevered over the sloped area and should provide excellent opportunities for residents to enjoy sunsets, fireworks displays, and in general great views across the City of Chula Vista. Parking has been increased to accommodate 70 cars and the park entrance is to be gated for vehicle access after ten p.m. Page 4, Item: Meeting Date: 5/01/01 OWD trucks, for on-going maintenance, will also use the decomposed granite-jogging path and circulation element of the park. The width has been increased from 10' to 12' and bollards have been added to prevent inappropriate vehicle use. The core of the park includes restroom and maintenance storage build'rog and also provides individual and group picnic facilities surrounding a fenced play area. The play area will have equipment suitable for children of varying age groups. Easements Modified Do to the reconfiguration of the reservoir location and the improved integration with the park use, the proposed easements granted to OWD for water reservoir construction and on-going maintenance have been modified. Attached is the proposed new easement that reflects OWD truck access to the reservoir. Park Name With the redesign, the previous park design concept has changed. Staff requested discussion and a recommendation from the Parks and Recreation Commission in naming the newly design park. The Commission recommended the name "Sunset View" park as a more appropriate park name. Fiscal Impacts As a requirement of the City Parkland Acquisition and Development Ordinance TEC is to fund the parks' construction. The total park improvement cost is estimated to be $2,340,000.00. This estimate for park improvements satisfies TEC obligation. Staff has performed a review of the preliminary park construction estimates of probable cost and first year maintenance cost estimates provided by the applicant. While changes to the cost estimates are anticipated as the Park Master Plan evolve into construction drawings and as actual park construction commences, staff is of the opinion that the estimates are a fairly accurate representation of anticipated costs for the improvements proposed. Additional park improvement costs are anticipated as a result of the reservoir's construction at this location. These costs will be included in the OWD's reservoir construction budget as stated in the Joint Use Agreement and are not a part of the park construction budget. Stafftime for review and processing the park plans will be paid by the developer through deposit accounts per existing Processing Agreements. After the initial turf establishment period of one year, future park maintenance costs for the public park will be addressed through the City's General Fund. Page 5, Item: Meeting Date: 5/01/01 Attachments: A. East. Lake Greens park site locator map B. Park Master Plan C. Park site cross sections D. Construction cost estimate E. Minutes of Parks and Recreation Meeting 3/15/01 F. Park access easement to OWD exhibit G. Temporary Construction Easement achment A - EastLake Greens Park Site Locator Map "" Attachment B - Park Master Plan Attachment C - Park Site Cross Section EASTLAKE GREENS #95-006 MARCH 7, 2001 Attachment D - Construction Cost Estimate PARK ESTIMATE Does Not Include OWD MASTER PLAN COST ESTIMATE Project: Eastlake Greens Sports Park (96-006) Estimate Based On: Concept Plan 2/20/01 Revised By: KY Checked By: JN Date: 3/7/01 MISCELLANEOUS item unit quantity unit cost total cost previous cost 1905 to feb. 5~ 01, Inq:..~xlstlng Improve. LS'" 33 I 767580'00 ~iiowan~_e f0L~ure, plan Che. cklng, Inspection, ES 220~000.00 bonds moblllzatlon~ consultant fees~ etc. . Iwster meters I ~_S" 26,000.00 [ 28,000.00 SUB'TOTALI 9322,580.00 DEMOLITION & SITE CLEARING (general) Item unit quantity, ur~it cost total coat Isite preparation I allowance . I SF.I. 499,2001 0.03' 14,976.00 SUB-TOTALi DRAINAGE item unit quantity unit cost total coat drainage (general) allowance [.~ 1 30,0q0..00 J 30~000.00 grad ng in reservoir costa not ncludedI 0.00 SUB-TOTALI $30,000.00 CONSTRUCTION item unit .. quantity unit cost total cost paving - 6" natural conc, . ..... ' ' SF " 34r700 4.50 156fl50.00 caving - 4" natural cone. roller hockey SF 21 ~600 4..00 88~400.00 p_~.ving - acrylic sports surfacing basketball SF 10~000 0.70 7~000.00 =avln~ - concrete, med. Broom basketball SF 10,000 5.00 50,000.00 paving, etebili=ed d,g. mdestrlan 2" th. cY' 262 168.00 44~036.00 rarnp. Lstabllized d.g, }ed. @ backslope 2" th. CY 90 168.00 15~120,00 curb - concrete at d.g. walks LF ...... 6~300 6.50 40~950.00 paving, AC w/base with striping . .S.F 35~800 2.50 8g~500.00 curb - concrete at parking lots LF 1 ~790 10.00 17~900.00 ]~enc. e. ~..9[pamenta! metal 4' ht. LF 330 25.00 8~250.00 fanes - 4' vinyl coated chain link LF ... 760 ......... 15.50. 11,780.00 trellis - melurn.a! reservoir Allowance I 12,000.00 12,000.00 trash enclosure w/trelli .e. ...... LS I 8,000.00 8~000.00 =omfort station/storage area allowance LS 1 140~000.00 140~000.00 31~ay area sand/r~lllent surface LS 1 · 68,000.00 88,000.00 MASTER PLAN COST ESTIMATE Ihlckened edge at play aka ..... L~ 325 27.80 6,937.50 !driVeway: at parking lot entrance 8F 850 5.50 3,575.00 mow curb - concrete at lawn area LF . 130 8.50 845.00 feign, concrete ..... .. )ark slgl~ - allowance .SA .. I 15~,000,00 15r000.00 Peats, paving - concrete at amphitheater LF 300 50.00 15,.000.00 !!eps LF 300 27.50 8,280.00 h~.ndmll .... LF 35 37.50 lr312,50 ~ SUB-TOTALL $807~g88.00 SITE FURNISHINGS item unit unit cost total coat )!Chic ta.b.!e ore.cast COHO. EA ~e 1~400.00 35,400.00 bench 3re-east cone. EA 17 1,200.00 ..... 20~400,00 trash receptacle ore-cast COHO. EA 8 800.00 6,400.00 cldnklng fountain ore-cast COHO. - hi.low EA 6 3 500,00 21,000.00 bike re. ok metal EA 2 800.00 la600.00 ).lcnlc.shel!er 16'x 161 .......... : EA : 3 15,.000.00 48,000.00 group shelter .. EA I 60j000.00 _80,000.00 gate at parking lot EA 1 2,000.00 2~000.00 g.ate, at pump station EA I 2~000.00 2,000.00 basketball, standard ore-cast oonc: EA 4 3~200.00 12,800.00 bollards removable ...... EA 4 6~0~0. 2,800.00 directional algnage EA 4 100.00 400..00 ~rq!le~r..hockey accoes~ .fence allowance LS I 10,000.00 10,000.00 PLAY EQUIPMENT ~lay. Odyseey #2003 EA I 28~000.00 28~000.00 Play ShaDer #2011 EA ~ 11,200.00 I 11,200.00 Sprin~ seesaw (4 seat) EA 1 2,900.00 I 21900.00 SUB-TOI'AL~ LIGHTING (general) Item unit quar~tlty unit .~.. .t total cost 112c-volt system Ja!!owance ILS. J . . 1l '~50,000.~)~3 '1 ' 150,000.00 aUB-TOTALI... ~1S0,000.00 1 MABTER PLAN COST ESTIMATE IRRIGATION (general) item unit quantity unit ooat total cost tur Imed,um system . SF .~;!,gO~l ' '~.50 I ,, 120,~50,~ la~omatlc * shmb/gr,~ver lmedium sy~em " SF 108,2~ 0.6~'I 70~330,~ SUB-TOTALJ PLANING I~m unit quantl~ unit ~st ~1 coat soil prep: amend. & fe~, weed SF 350~1~ 0,25. 87~525.~ [Inlsh g[~lng . . . SF 3S0~100 0.05 17,505.00 mulch - In fist stoas 3" th ck medium fir bari( CY 230 ... 30.0~ .... 6~900.00 r,~wn seed SF ' 24i r~ 0.15 36,~5.00 shmb/g~nd~ver lla~ .... SF 2~800 1 ,~ sh~b/gmund~ver slope SF 83~400 0.75 ~5~.~ ~1~ ...... 12~ b,t,h. ~ 28 900.~ 23~400.00 tree 36" box EA 30 795.00 lree 24# box EA 64 275.00 ..... 17~00.00 lree 15 gallon at be=kslope EA 2~ 110.00 ~UB-TOTAL~ MAINTENANCE I~m unit quantity unit ~t ~tal coat ~'~o'~ths allowance~all landscape J SF I ~p.!0ol o,~6 I lS.Ts4.~0 9 m°nth~ = ]so~cer f ~lds .~nN]. =~F 186,~00} ..... 0,135}_ 25r137.00 MASTER PLAN COST ESTIMATE SUMMARY Project: Eastlal~e Greene Sports Perk (95.-006) Estimate Rased On: Concept Plan 2/20/01 By: KY Checked By: JN Date: 3/7/01 MIRCELLANEOu~ $322,580.00 DEMOLITION & SITE CLEARING $14,g76.00 DRAINAGE (grading not Included) $30,000.00 CONSTRUCTION $807,986.00 SITE FURNISHINGS $262,700.00 LIGHTING $150,000.00 IRRIGATION $191,260.00 PLANTING $302,615.00 MAINTENANCE $40~891 .$0 TOTAL $2,123,028.50 CONTINGENCY 10% .... ~212,302.85 GRAND TOTAl.. $2,335,331.35 * Doss not Include costs of additional Items caused by reservoir being Irt the park, OWD ESTIMATE MASTER PLAN COST ESTIMATE ADDITIONAL ITEMS CAUSED BY RESERVOIR Project: Eastlake Greens Sports Park (95-006) Estimate Based On: Concept Plan 2/20/01 By: KY Checked By: JN Date: Revised 4/4/01 MISCELLANEOUS item unit quantity unit cost total cost Iprevious cost 1995 to Feb. 5, 01 inc. existing improve. ILS I 67%I 153,392.00 I 153,392.00 SUS-TOTA'I ,1 ,392,00 CONSTRUCTION item unit quantity unit cost total cost paving-natural conc. extra 2' width SF 50 4.50 225.00 )aving - upgrade ADA ramp d.g. to textured concrete SF 4,100 4.70 19,270.00 paving - textured concrete extra 2' width at ramp SF 650 6.25 ' 4,062.50 paving d.g. extra 2' width CY 31 168.00 5,208.00 fence - 4' vinyl coated chain link fence LF 350 15.50 5,425.00 handrail at steps LF 270 37.5p 10,125.00 concrete steps LF 600 27.50 16,500.00 increased footings etc. allowance LS 1 10,000.00 10,000.00 view point retain, wall & backfill!inc. in reservoir, const. 1 0.00 trellises at reservoir (3) LS 1 49,000.00 49,000.00 SUB-TOTALI $119,815.50I PLANTING TO SOFTEN APPEARANCE OF ELEVATION GRADE CHANGE item unit quantity unit cost total cost additional shrubbery, groundcover in lieu of lawnISFI1,10i 1.00 1,100.00. tree - upgrade in quantity allowance LS 15,000.00 15,000.00 shrub- upgrade in quant ty a owance LS 15,000.00 1.5,000.00 SUB-TOTAL[ $31,100.00.] MASTER PLAN COST ESTIMATE ADDITIONAL ITEMS CAUSED BY RESERVOIR SUMMARY Project: Eastlake Greens Sports Park (95-006) Estimate Based On: Concept Plan 2/20/01 By: KY Checked By: JN Date: Revised 4/4/01 MISCELLANEOUS $153,392.00 CONSTRUCTION $119,815.50 PLANTING $31,100.00 TOTAL $304,307.50 CONTINGENCY 15% $45,646.13 GRAND TOTAL $349,953.63 1. Other Costs not shown here - park and part of reservoir. a. The retaining wall and back/ill at the view point area and 12" wide OWD truck access lane, are not included in the costs here. These are part of the reservoir construction costs not park construction. b. Grading 2.Explanation of some of the construction items shown on previous page: a. Paving - natural concrete - This is the extra 2' width of concrete between the parking lot and paving circle. - This is at the 2 entries with removeable bollards. b. Paving upgrada ADA ramp - Change from decomposed granite flat paving to colored textured concrete paving ramps c. Paving - textured concrete - Extra 2' width at ADA ramp to accommodate OWD trucks. d. Paving d.g. - Extra 2' width where needed for OWD trucks. 2 CITY OF CHULA VISTA PARKS AND RECREATION COMMISSION Minutes Thursday - 6:15 p.m. March 15, 2001 · Mercy Building 276 Fourth Avenue 1. ROLL CALL Dennison P, Radcliffe P, Rude P, Salcido P_, Weidner_P_, Ramos P , Perondi P, 2. APPROVAL OF MINUTES -~ January 18, 2001 MSC (Ramos/Rude) to approve the minutes of the January 18, 2001 meeting as submitted. Vote: 4-0-0-3 (Radcliffe, Weidner, and Perondi Tardy) 3. PRESENTATION ON 70-ACRE PARK - Mary Hofmockel Ms. Hofmockel gave a short presentation on the proposed location and rationale behind the feasibility of the 70-Acre Park. She stated that the Parks & Recreation Department will be meeting with McMillin and Otay Ranch regarding construction and location of the park. 4. PERSONNEL - Andy Campbell Mr. Campbell stated that Jim Tollefson, Recreation Supervisor II, the January employee of the month is ill with cancer. MSCU (Dennison/Ramos) to send Mr. Tollefson a card. Vote: 7-0-0-0 5. FRIENDSHIP PARK DRAFT LETTER - Andy Campbell Friendship Parks draft letter meets the needs of ,commission and staff will prepare it for signature. MSCU (Radcliffe/Rude) motion to accept letter. Vote: 7-0-0-0 6. CIP INFORMATION - Andy Campbell The CIP proposals are currently being evaluated and prioritized by staff. It is expected that a presentation by the CIP budget staff will be heard by the Commission in April or May. 7. BUDGET-Andy Campbell Mr. Campbell stated that the budget is in the process of being prepared for submittal to the budget analysis department. He noted that there are several issues to address, such as, scholarships, additional programs, needed recreation supplies, and additional staff. Meetings with the budget analysis department and then the City Manager are scheduled for this month and an update will probably be available in April. Attachment E - 3/15/01 Minutes of Parks Parks & Recreation Commission Minutes ~;~ ~] ~ & Recreation Commission Meeting March 15, 2001 ! Page 1 ACTION ITEMS It is required that for an item to be considered "approved," the votes of the Commission must be a minimum of four (4), which is a majority of the Commission's seven (7) members. With fewer members in attendance, the minimum approval vote is also required to be four (4). 8. UNFINISHED BUSINESS: Commissioner Weidner suggested that we invite the Dawn Beintema, Manager of Training for the City back to assist the Commission in formalizing a mission and goals statement. 9. NEW BUSINESS: a. Reestablish Parks & Recreation Non-Profit Status with State of California. Charline Long reported on reestablishing the existing Parks & Recreation Non- Profit status with the State of California. Commissioner Weidner commented that she would prefer that the City Attorney's office look at the ramifications to the Commission and its members before deciding to go forward with a proposal. Ms. Long will contact Nora Smyth, in the City Attorney's office, to apprise the commission of its viability. b. EastLake Greens Neighborhood Park Revised Master Plan Jack Nakawatase of ONA Architectural Design presented to the commission the park design concept and program set forth in for the EastLake Sports Park. The new design accommodates the water reservoir and also the lighting that was a concern to the local residents. MSC (Salcido/Perondi) to accept the new design of the park. Vote: 6~0-0-1 (Ramos absent) John Krizan mentioned that the original name of the park (Sports Park) was never approved by the Commission. Since the design has changed, the name Sports Park no longer fits the theme. Mr. Krizan suggested the park be named "Sunset View Park" because of the beautiful view of the sunset. MSC (Perondi/Dennison) to accept the name "Sunset View" for the park. Vote: 6-0-0-1 (Ramos absent) 10. WRITTEN COMMUNICATIONS: A letter from Tara Nation requesting a plaque be placed on a tree was discussed. Dave Byers mentioned that he had contacted several people on what the criteria would be to put a plaque on a tree and that a written policy does not exist for this type of request. Commissioner Weidner suggested that a policy be written for evaluation for future requests such as these. 11. COMMISSIONER COMMENTS: Commissioner Dennison invited everyone to the City of Chula Vista Service Council regarding the San Diego County Health and Human Services Forum. Commented on the Caregivers Program and the Leisure Connections for homebound residents. Parks & Recreation Commission Minutes March 15,2001 ~ /tS~ Page2 Commissioner Radcliffe expressed thanks for the invitation to the Professional Enrichment Day and that she would try to attend. Commissioner Weidner informed Mr. Campbell that the signs at Rancho Del Ray Park are inconsistent with the times that the park is actually open. 12. STAFF COMMENTS: Mr. Campbell commented on the need to increase the PAD fees to accommodate increased construction costs and especially since the PAD fees had not been adjusted since 1991. Sunny Shy commented on the new programs for aquatics. That "Learn to Swim" classes are being offered both to the Elementary Schools and Middle Schools. Ms. Shy also commented on the Youth Fitness Day, which will be held on Mamh 31st at Otay Gym. Ernie Medina, Recreation Supervisor, has put together a program for elementary age children. Ms. Shy also reminded everyone about the March 20t~ Professional Enrichment Day. 13. OTHER: None Adjourned at 8:10 p.m. to the regularly scheduled meeting of April 19, 2001. Parks & Recreation Commission Minutes ~¢ ~Q ~ March 15, 2001 Page 3 Attachment F - Park Access Easement OWD Exhibit Attachment G - Temporary Construction Easement RESOLUTION NO. 2001- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MASTER PLAN FOR THE PROPOSED EASTLAKE GREENS NEIGHBORHOOD "SUNSET VIEW PARK" AND THE REVISED EASEMENT FOR OTAY WATER DISTRICT WHEREAS, the EastLake Company is requesting approval of the revised Park Master Plan for the public neighborhood park site in the EastLake Greens subdivision; and WHEREAS, the Park site will also include an Otay Water district below grade reclaimed water reservoir; and WHEREAS, the Parks and Recreation Commission, at it meeting on 3/15/01, unanimously approved the revised Park Master Plan and voted for the park to be named "Sunset View Park"; and WHEREAS, on August 22, 2000, the City Council approved a "Joint Use and Grant of Easement Agreement" by and between the City of Chula Vista, and the Otay Water District for the location of the Otay Water Reservoir at the park site. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the Master Plan for the proposed EastLake Greens neighborhood "Sunset View Park" on file at the City Clerk's office and the revised easement for Otay Water District access to the reservoir in a form acceptable to the City Attorney. Presented by Approved as to form by Andy Campbell John M. Kaheny V Director of Parks and Recreation City Attorney J:\attomey\reso\Park Master Plan revision COUNCIL AGENDA STATEMENT ITEM: /O MEETING DATE: 05/01/01 ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2000/2001 BUDGET BY APPROPRIATING $480,154 TO THE FIRE DEPARTMENT FROM THE AVAILABLE FUND BALANCE OF THE GENERAL FUND AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A JOINT POWERS AGREEMENT WITH THE HEARTLAND COMMUNICATIONS AUTHORITY FOR FIRE DISPATCHING SERVICES SUBMITTED BY: Fire Chief ~ REVIEWED BY: City Manager ~'~ n.~ (4/5ths Vote: Yes X No ) BACKGROUND: The Fire Department is currently dispatched by the Chula Vista Communications Center located in the Police Department building. Personnel in the Center are required to handle the complex task of dispatching both police and fire/emergency medical calls. Chula Vista has reached the critical volume of calls for police and tire/emergency medical responses handled by this combination method of police/fire dispatching. In addition, Chula Vista has joint agreements with the City of Imperial Beach and the Bonita Sunnyside Fire Protection District to provide fire dispatch services. Due to the growing size, volume of calls, increasingly complex automation and separate knowledge and skills required for dispatching fire/medical and police, there is a need to separate police and fire dispatching. In order to reduce liability and to ensure optimal police and fire dispatch efficiency, it is necessary to establish a dispatch system strictly dedicated to fire department functions. Towards that end, it is proposed that the City of Chula Vista enter into a contract in order to join the Heartland Communications Authority as a Joint Powers Authority member. The proposed agreement would replace the existing dispatch contracts and open a new contract with the Heartland Communication Authority. Compensation for the cost of providing fire dispatch services would be made by the City of Chula Vista to the Heartland Communications Authority. These costs would include the "buy in" cost of joining the JPA as well as the necessary hardware and communication components required for operation. This change will necessitate the notification and subsequent termination of the existing contracts with Imperial Beach Fire Department and Bonita Fire Protection District. The proposed agreements will authorize the Chula Vista Fire Page 1 Department as a voting member of the Joint Powers of the Heartland Communications Authority. It will also have a positive impact on Fire Department operations and minimize the potential for City liability associated with the provision of fire dispatch services. RECOMMENDATION: That the City Council amend the fiscal year 2000/2001 budget by appropriating $480,154 to the Fire Department from the available fund balance of the general fund and authorizing the City Manager to enter into a Joint Powers Agreement with the Heartland Communications Authority for fire dispatching services. That City Manager is hereby authorized to enter into a Joint Powers Agreement with the Heartland Communications Authority for Fire Dispatching Services, in substantially the form attached, with modifications subject to City Attorney approval. BOARDS/COMMISSION RECOMMENDATION: Not applicable. DISCUSSION: in examination of the various approaches for achieving a strictly fire dispatching function three (3) options were evaluated: 1) To create a separate Southbay Fire Dispatch Joint Powers Authority 2) To significantly increase staffing in the current Chula Vista Communications Center in order to establish a single-role fire dispatch function or 3) To join an existing fully dedicated fire dispatch center In discussions with other jurisdictions it was determined that creating a separate Southbay Fire Dispatch JPA was not a viable option. The City of National City joined the Heartland JPA in 1995 and is very satisfied with the service and is not interested in participating in a separate fire dispatch JPA. Also Imperial Beach and Bonita Sunnyside Fire Protection District have indicated that a separate Southbay Fire Dispatch JPA would be less preferable than joining Heartland. Without full participation of all Southbay Fire agencies (National City, Imperial Beach, Bonita Sunnyside and Chula Vista) a separate JPA would be less efficient and more costly than joining Heartland. In examination of increasing staffing in the current dispatch center it was determined that a minimum of 5.5 positions would need to be added in order to establish a separate and single-role fire dispatch function. As shown in the fiscal impact section, this approach would not achieve the same efficiency and cost effectiveness as joining the Heartland Communications Authority. It was also determined that participation in an existing fire dispatch center would increase efficiency by achieving a "regionalized" approach to fire service. Such an approach has been successfully underway in Orange, Riverside and Los Angeles counties for many years. Page 2 After careful consideration of these options it was determined that the most efficient means of providing fire dispatching would be to join Heartland Communications Authority, an established fully dedicated fire dispatch center. The option of joining Heartland was determined to be more cost effective than the other approaches of creating a new JPA or expanding the existing joint police-fire dispatch center. Heartland Communications Authority The Heartland Communications Authority (Heartland) was created in 1987 through a joint exercise of powers by the Fire Department Zone 4 cities and fire protection districts. Authority member agencies are the cities of Santee, El Cajon, La Mesa, Lemon Grove, Lakeside, San Miguel Consolidated, Alpine, and East County Fire Protection Districts. As set forth JPA Heartland Communications Facility Authority a copy of which is attached to the resolution. In 1995, Heartland began providing dispatch to the National City Fire Department under a separate contract. The County of San Diego entered into two agreements with Heartland in 1998 for dispatch of the Inland Zone Fire Departments and the Rural Paramedic Program. In 1999, agencies served by Heartland Communications responded to 34,875 fire, rescue and emergency medical incidents. Heartland uses a Computer Aided Dispatch (CAD) system for management of all incident activity. Fire agencies served by Heartland have enjoyed trunked 800 megahertz radio communication since 1990, when the authority implemented a Motorola SmartNet system. An upgrade of the radio system, completed in 1998, allows operation on the County of San Diego's Regional Communication System (RCS). The RCS network provides Heartland Communications with countywide radio coverage, including the most complete radio coverage available in the South Bay. Heartland is one of the largest public safety users of the RCS, and is represented as a voting member of the RCS Board of Directors. Communications Facility Heartland was recently remodeled with a new Motorola Central Electronics Bank, microwave, and computerized operator consoles for use with the RCS. A new computer based 9-1-1 telephone system is integrated with the CAD. Power backup for the facility consists of a diesel generator and an 18 kva Uninterruptible Power Supply. The communications facility meets or exceeds the NFPA 1221 requirements for a fire dispatch center. Ten full time and five part-time Fire Dispatchers staff the communication center. Minimum staffing in the center is currently set with three during daytime hours, and two at night. A Supervisor, Secretary, and Communications Director are also employed by Headland. Page 3 Description of Services Heartland proposes to provide computerized dispatch of all fire, rescue and emergency medical aid services needs to the City of Chula Vista (City). These services will include, but are not limited to: a) communicating all alarms, and b) providing communication for day-to-day operations of the city. Radio communications will take place utilizing the County of San Diego 800 megahertz trunked Regional Communications System. Heartland communications and the City of Chula Vista have the legal authority to enter into an agreement for dispatch services. Government Code 6500 et. Seq. provides that two or more public agencies, by agreement, may jointly exemise any power common to the contracting agencies. Fire and Medical 9-'1-1 Public Safety Answering Point Headland will assist the County 9-1-1 coordinator to ensure a smooth transfer of 9-1-1 calls in the City to the Heartland Dispatch center. Additionally, any seven-digit emergency telephone lines serving the City will be transferred to Heartland at no cost to the City. Records Management and Incident Reporting System Heartland will provide licensed access to the new CAD records management system when it becomes available. Each module will allow individual agency records and reports. These software modules will be significantly enhanced as part of the CAD system upgrade currently planned. Heartland will welcome City participation in the CAD/RMS Project Team. It is anticipated that all RMS records will be provided to address specific Chula Vista Growth Management Oversight Commission reports. Integration With Current Dispatch Procedures Heartland staff will work with the City staff to effect a smooth transition. All Heartland Fire dispatchers and management personnel will receive training specific to City services, procedures, and Mutual/Automatic Aid agreements. Due to existing vacancies in the Chula Vista Communications Center no dispatcher positions will be eliminated as a result of the transfer of fire dispatch duties to Heartland. Heartland will add any new positions authorized in anticipation of the increased call volume created by Chula Vista joining their center. Heartland staff will set up the Heartland CAD system with the data required to dispatch City incidents, as such requirements are clearly defined by City Fire Department staff. This will include adding run cards and Geofile for City service boundaries. Page 4 Benefits to Joining Heartland Dispatch Center It is expected that there will be substantial benefits as a result of joining the Heartland Communications Authority. They include: · Standardization It is anticipated that by joining a fully dedicated fire dispatch center there will be an increased standardization of operations between fire departments. Such consolidation of dispatch centers is consistent with the philosophy and mission of the Regional Communications System. In the event of a major disaster more fire resources will be able to be assembled in a shorter period of time and in greater numbers under such a consolidation, · Improved Dispatch Times It is anticipated that service by Heartland Dispatch will improve overall dispatch times for Chula Vista Fire units. The alerting system will give fire units advanced notification via personal pagers and should reduce "turnout" times. Such improvements will assist the Fire Department in meeting the Growth Management Oversight Commission Threshold Standards. · Emergency Medical pre-Arrival Instructions To Callers Chula Vista residents with medical emergencies will receive Emergency Medical Pre- arrival instructions utilizing the Heartland Emergency Medical Dispatch (EMD) program. EMD instruction is designed to begin medical care even before the arrival of fireflghters or paramedics. The system allows the dispatcher to give immediate medical instructions; including CPR, choking,' and childbirth. Dispatchers are required to complete a forty-hour EMD certification course and attend continuing education classes annually in order to provide such instructions. Under the current system we are not able to provide EMD pre-arrival instructions to callers in Chula Vista. · CAD Interface to Paramedic Ambulance Provider Heartland will use an existing CAD interface to alert the City's current paramedic previder American Medical Response (AMR). This system provides nearly instant notification in the AMR dispatch center by creating duplicate incidents on the AMR CAD system computer screens. This system has proven to significantly reduce the initial dispatch time for paramedic units. We currently do not have the ability for CAD interface and automated notification to the paramedic company. This improved technology should greatly reduce liability to the City as a result of any failure to notify paramedics in a timely fashion. Page 5 These benefits of improved dispatch times, standardization of fire service, CAD interface with the ambulance provider and the' ability to provide pro-arrival medical instructions aro significant improvements over the existing dispatch service. It is determined that the best and most cost effective way to achieve these quality improvements for the citizens of Chula Vista is by joining the Headland Communications Authority. FISCAL IMPACT: The total fiscal impact will be $480,154. This will include $212,054 one time buy-in to become a Joint Powers Agreement (JPA) member. Another option would have been to contract with Heartland as a non-JPA member at a higher rate per call and without voting rights. It is important to become a full JPA member so the City of Chula Vista will have voting rights on the Heartland Commission. By becoming a JPA member (rather than a contract agency) we will reduce our cost from $33.10 to $25.80 per call for an annual savings of approximately $70,000. As part of this agreement we will purchase eighteen (18) new 800 Mghz portable radios, radio chargers and batteries at a cost of $76,000. The additional equipment will allow each on-duty fire fighter to be supplied with a radio. This will improve fire fighter safety and allow for better communication at riros. In addition, we will need to replace the current mobile data computers in all fire apparatus. The Police Department has already made this upgrade for all of their vehicles. We will upgrade to the Litton model MDC at a cost of $124,000. The new mobile data computers and radios are essential for optimal communication under the Heartland system. Heartland uses digital and voice paging systems to notify each fire station. We need to purchase 50 alphanumeric pagers at a cost of $8,100. This will allow each person on duty plus all staff officers to be notified of all calls within the City of Chula Vista. We will also need to purchase a fire station alerting system compatible with Heartland Communications at a cost of $60,000. Buy-in Fee $212,054 Portable Radios 76,000 Mobile Date Computers 124,000 Pagers 8,100 Station Alerting System 60,000 Total $480,'164 Page 6 FISCAL IMPACT .OF HEARTLAND CONTRACT costs Costs Costs Startup Costs $480,154 Heartland Contract $235,000 Heartland Contract $235,000 Loss Contract Rev. $ 65,413 Loss Contract Rev. $ 65,413 Startup Costs $0 Total $480,154 Total $300,413 Total $300,413 Savings Savings Savings Equip. Cost Avoid. $ 70,000 3.5 Comm. Ops. $210,000 5 Comm. Ops. $280,800 Training $ 35,000 Training $ 35,000 0.5 Lead Comm. Ops. $ 33,210 Training $ 35,000 Total $105,000 Total $245,000 Total $349,010 Net Cost $375,154 Net Cost $ 55,413 Net Cost -$ 48,597 Assumptions: (1) In future fiscal years a physical separation of Police and Fire Dispatch Services will occur. (2) Once physically separated, 5 Communications Operators and .5 Lead Communications Operator will be needed to provide 24 hours of continuous fire dispatch services. The table above is a breakdown for the cost of moving fire dispatch from Southbay Police/Fire Communication Center to Heartland Communication Center for the current fiscal year, fiscal year 2000/2001, and future fiscal years. The first column, titled Current Fiscal Year, describes the initial startup costs. The $480,154 cost is the total amount of the one-time buy-in and necessary equipment to function as part of the Heartland. The savings, of $105,000, is for a station alerting system, which needs to be bought if we stay with Southbay or go to Heartland ($70,000). There will be additional savings in training if we transfer to Heartland. Currently monies have been set aside to train dispatchers on Emergency Medical Dispatch (EMD). This training has been budgeted in the Police Department's current budget ($35,000). Therefore the total net cost of moving Fire Dispatch to Heartland is $375,154. The second column, titled Fiscal Year 01/02, shows the projected cost for Heartland dispatching our units ($235,000). The exact amount will depend on the number of calls we are dispatched to during the year. Last year we responded to 9,100 calls. We will be charged $25.80 per call There will also be a loss of revenue to the City because we will no longer provide dispatch services for Imperial Beach and Bonita Fire. The loss is based upon last year's fees for service to these agencies ($64,413). During the upcoming fiscal year (FY02), there will be a saving of the cost of 3.5 communications Page 7 operators ($210,000) and fire dispatch training ($35,000). Therefore, the net cost for services by Heartland during that year will be $55,413. The final column, titled Future Fiscal Years, shows that starting FY03 there will be a net ongoing cost savings to the city of $48,$97. The cost for Heartland Dispatch will be $235,000. The cost savings in future years will be achieved due to the fact that we would not be required to fill five (5) Communication Operators positions, a (.5) Lead Communication Operator position, and the annual fire dispatch training. The total amount for this required staffing and training would be $349,010. The total cost for Heartland to provide dispatch services will be $300,413. The on-going annual fee increases for Heartland Communications Center should remain Iow and predictable. It will be based upon a formula of the total number of calls, number of personnel and number of radios per agency. These fees are spread among all of the JPA members. Any changes in the formula or additional costs must be approved by a majority of the Joint Powers Authority members. Page 8 /0-? RESOLUTION NO. 2001- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2000/2001 BUDGET BY APPROPRIATING $480,154 TO THE FIRE DEPARTMENT FROM THE AVAILABLE FUND BALANCE OF THE GENERAL FUND AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A JOINT POWERS AGREEMENT WITH THE HEARTLAND COMMUNICATIONS AUTHORITY FOR FIRE DISPATCHiNG SERVICES WHEREAS, the Fire Department is currently dispatched by the Chun Vista Communications Center located in the Police Department building and personnel in the Center are required to handle the complex task of dispatching both police and fire/emergency medical calls; and WHEREAS, Chula Vista has reached the critical volume of calls for police and fire/emergency medical responses handled by this combination method of police/fire dispatching; and WHEREAS, in addition, Chula Vista has joint agreements with the City of Imperial Beach and the Bonita Sunnyside Fire Protection District to provide fire dispatch services; and WHEREAS, due to the growing size, volume of calls, increasingly complex automation and separate knowledge and skills required for dispatching fire/medical and police, there is a need to separate police and fire dispatching; and WHEREAS, in order to reduce liability and to ensure optimal police and fire dispatch efficiency, it is necessary to establish a dispatch system strictly dedicated to fire department functions; and WHEREAS, staff proposes that the City of Chula Vista enter into a contract in order to join the Heartland Communications Authority as a Joint Powers Authority member; and WHEREAS, the proposed agreement would replace the existing dispatch contracts and open a new contract with the Heartland Communication Authority; and WHEREAS, compensation for the cost of providing fire dispatch services would be made by the City of Chula Vista to the Heartland Communications Authority which includes the "buy in" cost of joining the JPA as well as the necessary hardware and communication components required for operation; and WHEREAS, the proposed agreement will authorize the Chula Vista Fire Department as a voting member of the Joint Powers of the Heartland Communications Authority and will also t0 have a positive impact on Fire Department operations and minimize the potential for City liability associated with the provision of fire dispatch services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby amend the Fiscal Year 2000/2001 budget by appropriating $480,154 to the Fire Department from the available fund balance of the General Fund to facilitate implementation of the Joint Powers Agreement with Heartland Communications Authority. BE IT FURTHER RESOLVED that the City Council approves entering into a Joint Powers Agreement with the Heartland Communications Authority for Fire Dispatching Services, and the City Manager is hereby authorized to enter into said Agreement, in substantially the form attached, with modifications subject to City Attorney approval. Presented by Approved as to form by James Hardiman John M. Kaheny ~ Fire Chief City Attorney J:\Attorney\Reso\[[eartland JOINT EXERCISE of POWERS AGREEMENT CREATING AN AGENCY TO BE KNOW AS THE "HEARTLAND COMMUNICATIONS FACILITY AUTHORITY' THIS AGREEHENT, made and entered into this 25th day of .lune, 1986, by and between the CI'TY OF EL CA.]ON (hereinafter "City"), CITY OF LEMON GROVE, cl-rY OF SANTEE, ClTY OF LA HESA, ALPTNE FIRE PROTECTION DISTRICT, BOSTON[A FIRE PROTECTION DISTRICT, LAKESIDE FIRE PROTECTION DISTRICT, and SAN FIIGUEL FIRE PROTEC-I-~ON DISTRICT, Collectively the "Public Agenc/e$"andindividually "Public Agency"), all of which are organized and existing under and by virtue of the laws of the State of California. WITNESSETH: WHEREAS, the Public Agencies are eac/~ empowered by law to acquire sites, construct, equip, staff, maintain, operate and lease public buildings and related facilities for the purpose of communications; and WHEREAS, the Public Agencies desire to acquire, equip, staff, and operate a consolidated regional public safety services communications facility, and to provide a vehicle for the accomplishment thereof; and WHEREAS, the Public Agencies desire Lo accomplish the aforesaid purpose by jointly exerc/$/ngtheir common powers in the manner set forth in this Agreement. Now, THEREFORE, the Public Agencies, for and in consideration of the mutual benefits, promises and agreements set forth herein, AGREE as follows: SECTION 1. Purpose. This Agreement is made pursuant to California Government Code Sections 6500, et Sec., hereinafter referred to as the '~4ct", relative to joint exercise of powers common to public agencies. The purpose of this Agreement is to exercise these powers jointly by equipping, maintaining, operating and staffing a facility leased from the City (hereinafter "Facility"), and providing emergency call receiving and dispatching services to said Public Agencies. Such purpose will be accomplished and common powers exercised in the manner set forth in this Agreement. Last printed 7/12/00 12:16 PM, - 1 - Heartland Communications Authority, Joint Powers Agreement SECTION 2. Term. This Agreement shall become effective as of the date hereof and shall be binding, as set forth in SECT[ON 9, upon all parties hereto until the close of the third full fiscal year following said effective date, and shall thereafter continue in full force and effect as long as the number of Public Agencies is not reduced below bNo (2), or until such time as the Agencies agree to terminate the Agreement, in the manner set forth in SECTION 10. SECTION 3. Authority. A. Creation of authority. Pursuant to section 6506 of the Act, there is hereby created a public entity, separate and apart from the Public Agencies, to be known as the "Heartland Communications Facility Authority" (hereinafter "Authority"). The debts, liabilities, and obligations of the Authority shall not constitute debts, liabilities or obligations of any of the Public Agencies. B. Conduct of Business. The Authority shall utilize the services of the City in the general conduct of business, for which the City will be compensated at cost, in accordance with Sections 6505.5 and 6506 of the Act. The City shall notify the Authority each February 15 of the fee or rate structure for services to be rendered during the following fiscal year. These charges may be either fiat fee and/or hourly rates, dependent upon the nature of the service provided. The Authority shall follow and abide by the normal procedures of the city, unless otherwise expressly set forth in this Agreement, or contrary to law. C. Commission. The Authority shall be governed by a Commission, which shall be called the "Heartland Communications Facility Commission" (hereinafter "Commission"). Each public Agency which is a party to this Agreement shall have one seat on the Commission, and shall fill such seat by appointment from its governing body. A Commissioner shall serve at the pleasure of the appointing Public Agency, except such appointee shall cease to be a Commissioner if he/she ceases to be a member of the governing body of the appointing Public Agency, or if the appointing Public Agency Last printed 7/12/00 12:16 PM, - 2 - Heartland Communications Authority, Joint Powers Agreement ceases to be a party to this Agreement. Each appointing Public Agency shall notify the secretary of the Commission of their respective appointments. The Secretary of the Commission shall notify each Public Agency of the appointments of the other parties. D. Board of Chiefs. Pursuant to section 6508 of the Act, there is hereby created an administrative entity, immediately subordinate to the Commissionz to be known as the "Board of Chiefs" (hereinalter "Board", whose members are hereinaff~er referred to "Chief(s)"). Each public Agency shall have not more than two seats on the Board, to be filled by the respective Agency's Fire Chief if the Authority provides fire dispatch services, and by the Police chief if police dispatch services are provided. A Chief shall serve at the pleasure of the Public Agency of which he/she is an employee, except he/she shall cease to be a Chief if he/she ceases to be an employee of the Public Agency, or if such Public Agency ceases to be a party to this Agreement. Each of the Public Agencies shall notify the Secretary of the Board of the names of their respective Chiefs, as applicable. E. Meetings of the Commission and the Board. (1) Regular Heetings of the Commission. The Commission shall provide for its regular meeting; however, it shall hold at least one regular meeting immediately prior to each April ]1.5, at which meeting the Commission shall consider and adopt the annual budget for the Authority for the ensuing fiscal year. The Commission shall provide for such further meetings as may be needed depending upon the pressure of business or as may reasonably be requested by any Commissioner. The date and hour at which any regular meeting shall be held shall be fixed by resolution, and a copy of such resolution shall be filed with each of the Public Agencies. The place of the' meeting shall be the Heartland Communications Facility. (2) Regular Neetings of the Board. The Board shall provide for its regular meeting; however, it shall hold at least one regular meeting each calendar month. The Board may provide for further meetings as may be needed depending upon the pressure of business or as may reasonably be requested of the Chair of the Board by a majority of the Chiefs. The date and hour at which regular meetings shall be held shall be fixed by resolution, and a copy of the resolution shall be filed with each of the public Agencies. The place of the meetings shall be the Heartland Communications Facility. (3) Ralph M. Brown Act The Commission and the Board shall adopt rules for conducting their meetings and other business. All meetings of the commission and the Board, including without Last printed 7/12/00 12:~6 PH, - 3 - Heartland Communications Authority, Joint Powers Agreement limitation regular, adjourned regular, and special meetings, shall be called, noticed and conducted in accordance with the provisions of the Ralph M. Brown Act (commencing with section 54950 of the Government code of the State of California). (4) Minutes. The secretaries of the Commission and the Board shall cause minutes of regular, adjourned regular, and special meetings to be kept, and shall, as soon as possible after each meeting, provide a copy of the minutes to each Commissioner and each Chief, respectively, and to each of the Public Agencies. Quorum. A majority of the commission and of the Board shall constitute a quorum for the transaction of business, except that a lesser number may adjourn for lack of a quorum. F. Officers and Respective Duties. (1) Chair and Vice Chair of the Commission. The Commission shall elect a Chair and vice Chair at its first meeting, and thereafter, at the first meeting held in each succeeding calendar year, the Commission shall elect or re-elect its Chair and Vice Chair. In the event the Chair or Vice Chair so elected ceases to be a Commissioner, the resulting vacancy shall be filled at the meeting of the Commission held after such vacancy occurs. In the absence or inability of the Chair to act, the Vice Chair shall act as Chair. The chair, or in his/her absence the Vice chair, shall preside at and conduct all meetings of the Commission. (2) Secretary of the Commission. The City Clerk of the City shall be the secretary of the Commission..The secretary will keep minutes and will prepare an agenda for each meeting of the Commission. The Secretary will give notice of regular meetings to the commissioners at least fifteen working days in advance, soliciting any agenda items. The Secretary will meet jointly with the Treasurer/Controller and Chair of the Board at least ten working days in advance to develop the agenda. Agenda items will be supported by appropriate documentation and explanation. The secretary will deliver the agenda and supporting documentation to each Commissioner, to each officer of the Authority, and to the Chair of the Board at least five working days prior to the scheduled meeting. (3) Attorney of the Authority. The city Attorney of the City shall be the Attorney of the Authority. The Attorney shall advise the Commission in connection with any business relating to the Authority. In the event of any conflict between the city and the Authority, the Commission may employ other counsel to represent the Authority. The Attorney, upon request, may advise the Chair of the Board regarding Board business. In the event of conflict, outside counsel may be employed by action of the Commission only. Last printed 7/12/00 12:16 PM, - 4 - Heartland Communications Authority, Joint Powers Agreement (4) Treasurer/Controller of the Authority. The Director of Finance of the City shall be the Treasurer and Controller of the Authority. The Treasurer/Controller shall attend the meetings of the Commission, and shall advise the Commission in connection with any accounting, budgetary, monetary or other financial matters relating to the Authority. The duties and responsibilities of the Treasurer/Controller include, but are not limited to, those set forth in Government Code Sections 6505, 6505.5, and 6509.5, and shall include the following: (a) establish, with the Commission's approval, the annual budget format, accounts, and documentation pertaining thereto which most nearly reflect the objectives of the Authority and the operation of the Facility; (b) establish and maintain the particular funds and accounts as required by generally accepted accounting practices and which most accurately and appropriately record and report the operations of the Authority as represented by the annual budget document; (c) enforce strict compliance with the approved annual budget and approve only expenditures authorized therein; d) ensure that all available cash on hand is at all times fully invested in the City's cash management program and investment portfolio pertaining thereto; he/she will further ensure that sufficient liquidity is maintained to meet the Authority's cash disbursement needs; (e) furnish monthly revenue, expenditure and funds status reports to the Chair of the Board; f) maintain an inventory of all property of the Authority, and may designate the Chair of the Board to be custodian of such property; (g) with advice from the Board, obtain and maintain liability and casualty insurance for the Authority and for the property of the Authority, respectively; and (h) make all books and records of the Authority in his/her hands open to inspection at all reasonable times by representatives of the Public Agencies. (5) Chair and Vice Chair of the Board. The position of Chair shall be filled by the City's Fire Chief, unless the City otherwise relinquishes the position. ~[n the event the City vacates the position or ceases to be a party to this Agreement, the resulting vacancy shall be filled by election of a Chief at the meeting of the Board held after such vacancy occurs. Thereafter, annual election or reelection shall occur as provided herein for the Vice Chair. Last printed 7/12/00 12:16 PM, - 5 - Heartland Communications Authority, Joint Powers Agreement The Board shall elect a Vice Chair at its first meeting, and thereafter at the first meeting held in each succeeding fiscal year, the Board shall elect or re-elect its Vice Chair. In the event that the Chair or Vice Chair so elected ceases to be a Chief, the resulting vacancy shall be filled at the meeting of the Board held after such vacancy occurs. ]In the absence or inability of the Chair to act, the Vice Chair shall act as Chair. The Chair, or in his/her absence, the Vice Chair, shall preside at and conduct all meetings of the Board. (6) Secretary of the Board. The City Clerk of the City shall be the Secretary of the Board. The secretary will keep minutes and will prepare an agenda for each meeting of the Board. SECTION 4. Powers and Duties. A. Authority. The Authority sh41 have the powers common to the Public Agencies set forth in recitals of this Agreement, to wit: the power to acquire sites and construct, equip, staff, maintain, operate and lease public buildings andrelated facilities for the purpose of communications. The Authority is hereby authorized in its own name to perform all acts necessary for the exercise of common powers, including, but not limited to, any or all of the following: (1) to make and enter into contracts; (2) to employ agents and employees; (3) to acquire, construct, manage, maintain and operate any buildings, works or improvements; (4) to acquire, hold or dispose of property within the County of San Diego; (5) to incur debts, liabilities or obligations; (6) to receive gifts, contributions and donations of property and funds, services, and other forms of financial assistance, from persons, firms and corporations, and any governmental entity; C7) to rent orlease communications services to non-public Agencies; (B) to sue and be sued in its own name. Such powers shall be exercised in the manner provided in the Act, and, except as expressly set forth herein, subject only to such restrictions as are imposed upon the City in the exercise of similar powers. Last printed 7/12/00 12:16 PM, - 6 - Heartland Communications Authority, _loint Powers Agreement The Authority shall exercise aforesaid powers as needed to implement the purpose of this Agreement. Pursuant to Section 6504 of the Act, the Authority is empowered, and by this Agreement required, to assess the Public Agencies to finance the entire operation of the Authority in the manner set forth in this Agreement. The Authority may contract indebtedness for capital items only in the manner otherwise permitted by law. However, long-term financing shall be limited to a ten-year period. B. Commission. The Commission, as governing body of the Authority, sba//formulate and set policy, and shall exercise the powers set forth in SECTION 4. A. of this Agreement to accomplish its purpose, while the Commission retains full control and is responsible for the affairs of the Authority, it shall rely upon the Board for actual program development, implementation, and operation. The normal vehicle by and through which this shall be accomplished is the annual budget, in the manner set forth in this Agreement. C. Board. The Board is the administrative arm of the Commission and authorized to act on behalf of the Commission as necessary for the ordinary conduct of business. The Board is responsible to the Commission for development of a consolidated regional public safety services communications program, and for the leasing of the Facility, acquisition of equipment, personnel staffing, and full-tine maintenance and operation of the Facility. The Board shall exercise its authority and responsibilities by and through its Chair, who shall directly supervise a facilities supervisor, to be known as the "Communications Director". SECTION 5. Lease of Facility. The Authority agrees to lease the city's existing dispatch communications center and equipment contained therein, presently located at 210 Highland Avenue, El Cajon, California. The City agrees to provide a specially designed communications center, with the exception of equipment, in the City's Fire Facilities Headquarters. The center proper shall include a dispatch area, supervisors'offices, an equipment room, and a computer room. The City will provide joint access and use of the building's restrooms, lunchroom, and multi-purpose classroom/emergency operations center. The communications center will be known as the Heartland Communications Facility ("Facility'S. Last printed 7/12/00 12:16 PM, - 7 - Heartland Communications Authority, .loint Powers Agreement The Authority may choose to replace all or part of the communications equipment located in the 210 Highland Avenue center. The city, at its discretion, may choose to trade in any replaced equipment on the Authority's purchase of replacement equipment, or dispose of replaced equipment on its own. If traded in, the trade-in value will be a credit to the assessment against the City for its share of the gross purchase price of the replacement equipment. Tn moving into the new center, the Authority may choose to utilize all or part of the aforementioned equipment. The Authority will purchase such equipment outright from the City at a mutually agreeable fair market value. A separate lease agreement will be executed between the Authority and the City to carry out the intent of this section. SECTION 6. Fiscal Year. Financing. and Annual Budget. A. The Authority's fiscal year shall be the twelve month period commencing each .~uly 1, except if the effective date of this Agreement is other than .luly 1, the first fiscal year shall be a short year commencing the effective date and ending the following .lune 30. The Authority shall operate only under an approved fiscal year budget. The Authority may not operate at a deficit. B. The Public Agencies shall pay for the entire operation of the Authority, the annual expenditure budget determining the total amount of assessment required. Each annual budget shall include a Reserve for Contingency equal to ten percent (10%) of otherwise budgeted and approved expenditures. Money may be expended from this Reserve only with the expressed approval of the Commission. The Reserve shall lapse at the end of the fiscal year. The total assessment against the Public Agencies may be reduced by expected revenue from executed contracts for dispatch services to non-Public Agencies and by unexpended/unobligated monies available at the end of the fiscal year prior to the year for which the budget is applicable. C. The Commission, in adopting an annual budget, thereby fixes the assessment against the Public Agencies, which is binding thereon, except as otherwise set forth in this Agreement regarding default or withdrawal. The amount of assessment against an individual Public Agency shall be determined, and specified in the budget, in accordance with criteria set forth in a budget policy established by Resolution. The budget policy shall include, but is not limited to, the following: (1) Operation and Maintenance Expenses. Last printed 7/12/00 12:16 PM, - 8 - !0 - Heartland Communications Authority, Joint Powers Agreement The costs of operating and maintaining the Facility and the communications/computer equipment housed therein shall include, but is not limited to, personnel salaries and benefits, office and computer supplies and other consumables, payments to lease the Facility, and replacement parts necessary to repair Facility equipment due to normal wear and tear from ordinary usage. Included in these costs shall be one-third of the direct costs incurred by the City in operating and maintaining the joint use areas. These expenses shall be shared among the Public Agencies in accordance with the formula of: a 25% weight attached to the relative number of mobile radios; plus 25% weight for the relative number of uniformed personnel; plus 50% weight for the relative number of incidents. "Relative number" shall mean the percentage determined by dividing the number for the Public Agency by the total number for all Public Agencies. The number of mobile radios and uniformed personnel shall be the count of such radios affixed to all vehicles of, and all personnel employed by, the Public Agency's fire department as of each December 31; the number of incidents shall be the total number attributable to the Public Agency during the calendar year preceding the Authority's fiscal year. (2) Capital Expenditures. Capital expenditures shall include the cost of original purchase of communications and computer equipment, hardware and other fixed asset type items, typically having a useful life of more than one year, including equipment improvements and additions, as opposed to replacement parts for ordinary maintenance during the useful life of the capital items. All costs associated with such purchase, such as installation, shall be capitalized. Replacement of equipment at the end of its useful life shall be a capital item. Assessment of Public Agencies for capital expenditures shall be in accordance with the formula for operating expenses set forth in (1), above. Capital expenditures incurred for and unique to a minority of the public Agencies shall be equally shared by such minority. (3) Payment of Assessment. Upon adoption of the fiscal year budget by the Commission, and the forwarding thereof to the governing bodies of the Public Agencies by the secretary, the assessments fixed therein are automatically due and payable without further notice as follows: July 15: 35% of total assessment October 15: 25% of total assessment January :15: 25% of total assessment April 15: 15% of total assessment Last printed 7/12/00 12:16 PM, - 9 - Heartland Communications Authority, Joint Powers Agreement The Commission may set a different payment schedule to accommodate the purchase of capital items, if sufficient monies would not otherwise be on hand to pay for such purchases. A five percent late charge shall be imposed upon assessment payments not received by the Authority within thirty calendar days following the aforementioned due dates. An additional five percent shall be imposed' if payment is not made within an additional thirty calendar days. If an assessment including late charges is not paid in full within seventy-five calendar days following any scheduled due date, the. Public Agency shall be in default and subject to automatic termination from this Agreement. D. The Board has the authority to fully implement the approved budget. With the approval of the Board, the chair may recommend expenditures for approval and authorize budgetary transfers or adjustments. However, the Board may not exceed the personnel staffing authorized in the budget, either in number, position classification, or salary. In addition, the Board may not alter the capital budget, utilize the Reserve for contingency, or increase the total amount of the approved expenditure budget without Commission approval. SECTION 7. Personnel_. A. The Chair, with concurrence of the Board, is authorized to act on behalf of the Commission in all matters of personnel administration, given the positions and funding authorized by the Commission in the Authodty's budget. This includes, but is not limited to, hiring, supervisorial direction, performance evaluations, disciplinary matters, and terminations. B. The Authority may employ a facility manager, to be known as the "Communications Director," and communications dispatchers, to be known as "Fire Communications Dispatchers," and any other positions deemed necessary. The positions must be authorized and funded in the Authority's annual budget. C. The Authority may engage the City's personnel Officer to create any needed class specifications. D. The Board shall first offer the opportunity of employment to incumbent, full-time permanent Fire Dispatchers in the city's Fire Department. Last printed 7/12/00 12:16 PM, - :[0 - Heartland Communications Authority, Joint Powers Agreement SECTION 8. Dispatch service to Other Agencies. The Authority may provide dispatch service to public agencies not a party to this Agreement, but only upon the unanimous agreement of the Board. Such service shall be by annual contract, executed by the Chair of the Board on behalf of the Commission. The Board shall establish the amount of charge for the service, which shall be a minimum fee plus a charge per call, to be billed and paid monthly. SECTION 9. Withdrawal; Termination. Each public Agency shall remain a party to this Agreement, and share in the costs of start-up and operation of the Facility, until the close of the third full fiscal year following the date of this Agreement. If, in the interim, any Public Agency defaults on payment of any assessment as defined in SECT[ON 6. C., or otherwise breaches this Agreement, such Public Agency shall be automatically terminated as a party to this Agreement. The terminated Agency remains liable for the defaulted payment and late charges for the balance of the year's assessment, and for assessments for years remaining in the minimum three-year term of agreed participation. Such subsequent assessments will be determined as if the terminated Public Agency were still a party to the Agreement; the assessment will be due and payable in full on .]uly 1 of the fiscal year for which levied. After expiration of the three full years of participation, any Public Agency defaulting on payment shall be automatically terminated and shall be liable for any defaulted payments and late charges. A Public Agency may withdraw as a party to this Agreement without penalty commencing on the June 30 of the third full fiscal year following the date of this Agreement, or on any .]une 30 thereafter, with one hundred fifty (150) days' prior notice to the Authority. Such withdrawing party shall perform all obligations under this Agreement until the noticed June 30 date of withdrawal. The Authority retains the right to seek legal redress, if necessa~, to obtain payment of amounts due. A terminated Public Agency or an Agency which withdraws forfeits any claim to any assets of the Authority. Notwithstanding the above, however, any Public Agency member which withdraws shall be obligated to pay to the Authority a sum equal to the percentage of said member's assessment for the fiscal year ending on the date of withdrawal applied to the total amount of existing long-term debt of the Authority existing on the date of withdrawal. Said payment can be a cash payment of the full amount or periodic payments as long-term debt becomes due and payable. Should the withdrawing agency Last printed 7/12/00 12:16 PM, - 11 - Heartland Communications Authority, .loint Powers Agreement choose to pay such amount as the debt becomes due and payable, such withdrawing agency shall be responsible for, in addition to the principal payments due, all interest and finance costs. SECTION lO. Dissolution. After the close of the third full fiscal year following the date of this agreement, said Agreement shall terminate and the Authority thereby dissolve if the number of parties to this Agreement becomes less than two, or if the parties unanimously agree to terminate the Agreement. :In either instance, dissolution shall only be effective upon a .lune 30, but shall in no event be effective until the requirements of SECTION 11 are satisfied. SECTION 11. Disposition of Assets. A. This Agreement may not be terminated or disposition of assets made to parties to the Agreement until the Authority reasonably exhausts all means of collecting any monies due the Authority, and the Authority. The Commission must formally accept a final accounting prepared by the Treasurer/controller before any final disposition of net assets may be made, and termination of the Agreement consummated. B. Tf the cause for termination was reduction of the number of parties to the Agreement: to less than two, all net assets of= the Authority shall become the. property of the sole remaining party to the Agreement. C. If the cause for termination is mutual agreement:, the total dollar amount: of the net assets shall be apportioned among such parties according to the relative assessments paid by those parties during the entire term of: the Agreement. SECTION t2. Amendment to Agreement. The Agreement may be amended only by a majority vote of the parties to the Agreement. Any proposed amendment shall be formally directed to the Commission. The Commission shall in turn request a formal recommendation from the Board, if applicable. The Commission shall then review the proposed amendment and accompanying recommendation from the Board, if any, and forward the proposed amendment with its own recommendation to the governing body of each party to the Agreement. The proposal shall be accompanied by a copy of the proposed amendment Last printed 7/12/00 12:16 PM, - 12 - Heartland Communications Authority, Joint Powers Agreement to the Agreement, which shall be adopted, properly executed, and returned to the Commission if the party concurs with the amendment. The Secretary shall notify each party of the resultant action. SECTION 13. Additional Parties to the Agreement. Public Agencies, as defined in the Act, which are not parties hereto, may become parties hereto only by amendment to this Agreement as defined in SEC I ION 12 hereof, and subject to the following terms and conditions: A. The additional party shall pay a buy-in fee as determined by majority vote of the Commission at,er consideration has been given to the following factors: 1. The book value of the Authority's long-term fixed assets (capital expenditures). 2. The book value of the Authority's current assets. 3. The Authority's unappropriated reserves for contingencies. 4. Such other facts which the Commission believes are germane to a determination. B. The effective date of the amendment to this Agreement and inclusion as an additional party shall only occur on a July 1. Such public agencies which become parties hereto shall be entitled to all the rights and obligations of, and 'hall become Public Agencies as defined in this Agreement. SECTION 14. Severability. Should any part, term, portion, or provision of this/l_qreementor the application thereof to any person or circumstances, be/n conflict with any State or Federal law, or otherwise be rendered unenforceable or ineffectual, the validity of the remaining parts, terms, portions or provisions, or the application thereof to other persons or circumstances, shall be deemed severable and shall not be affected thereby, provided such remaining portions or provisions can be construed in substance to continue to constitute the Agreement that the parties intended to enter into in the first instance6 Last printed 7/12/00 12:16 PM, - 13 - Heartland Communications Authority, Joint Powers Agreement SECTION 15. Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of the parties hereto. SECTION 16. Notice of Creation A notice of the creation of the Authority by this Agreement shall be filed by the Authority with the Secretary of State pursuant to Section 5303.5 of the Act. ]N W~rNESS THEREOF, the parties hereto have caused this Agreement to be executed and attested by their proper officers thereunto duly authorized, and their official seals to be hereto affixed as of the day and year first above written. Last printed 7/12/00 12:16 PH, - 14 -