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Agenda Packet 2001/02/27
I declare under penalty of perjury that I am employed by the City of Chula Vista In the Office o! the City Clerk and that I posted this document on the bulletin board a(~ording to Brown Aot requiremant~ February ~?, ~08] ~J~L TO ORDER ROLL C~L: ~ounci]mcmbers D~¥is, Padi]la, P~ndoae, Salas, ~md Mayor Ho~ton. SPECIAL ORDERS OF T~E DAY OATH OF OFFICE: C~LTUP,~J~ ~RTS COMMISSION - ROBERT G~AI)E ~ONSEN~ ~ALENDAI~ 0terns 1 through 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 thk Consent Calendar will be discussed after Action Items. Items pulled by the public will be the first items of business. 1. APPROVAL OF MINUTES of February 13, 2001. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS A. Letter from the City Attorney stating that to the best of his knowledge from observance of actions taken in Closed Session on February 20, 2001, there were no actions taken which are required under the Brown Act to be reported. Staff recommendation: The letter be received and filed. 3 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROViNG FINAL MAP OF CHULA VISTA TRACT NO. 00-03, EASTLAKE TRAILS NORTH, NEIGHBORHOODS TN-5 AND TN-6, ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE VARIOUS PUBLIC STREETS, THE ADDITIONAL RIGHT OF WAY FOR OTAY LAKES ROAD ALONG THE FRONTAGE OF THE PROPERTY AND EASEMENTS, ALL AS GRANTED ON SAID MAP WITHIN SAID SUBDWISION, AND ACKNOWLEDGING ON BEHALF OF THE CITY OF CHULA VISTA THE IRREVOCABLE OFFER OF DEDICATION OF FEE iNTERESTS OF LOTS 209 AND 210 FOR PUBLIC PARK PURPOSES, AND THE FIVE LETTERED LOTS FOR OPEN SPACE PURPOSES, ALL AS SHOWN ON SAID MAP WITHIN SAID SUBDIVISION, AND ABANDONING ON BEHALF OF THE CITY OF CHULA VISTA THE ROAD EASEMENT LOCATED ON SAID MAP WITHIN SAID SUBDIVISION, AND ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE IRREVOCABLE OFFER OF DEDICATION OF FEE INTEREST OF THE ADDITIONAL NORTHERLY RIGHT OF WAY FOR OTAY LAKES ROAD, AND APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 00-03, EASTLAKE TRAILS NORTH, NEIGHBORHOODS TN-5 AND TN-6, REQUIRING THE EASTLAKE COMPANY TO COMPLY WITH CERTA1N UNFULFILLED CONDITIONS OF RESOLUTION 2000-310 AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT In April 2000, Council conditionally approved the Tentative Subdivision Map for Chula Vista Tract No. 00-03, Eastlake Trails. Adoption of the resolutions will approve the Final Map, Subdivision Improvement Agreement and Supplemental Subdivision Improvement Agreement for Eastlake Trails North, Neighborhoods TN-5 and TN-6, for a total of 207 single-family residences. (Director of Public Works) Staff recommendation: Council adopt the resolution. 4A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FINAL MAPS OF CHULA VISTA TRACT NO. 92-02, SALT CREEK RANCH, NEIGHBORHOOD 1, UNITS 1 THROUGH 6, AND NEIGHBORI-IOOD 7, UNITS 1 THROUGH 3, ACCEPTING ON BEHALF OF THE CITY THE VARIOUS PUBLIC STREETS AND EASEMENTS, ALL AS GRANTED ON SAID MAPS WITHIN SAID SUBDIVISIONS, REJECTING ON BEHALF OF THE PUBLIC PORTIONS OF PROCTOR VALLEY ROAD, REJECTING ON BEHALF OF THE CITY ALL OPEN SPACE LOTS GRANTED ON SA1D MAPS WITHIN SAID SUBDIVISIONS, VACATING A PUBLIC STREET EASEMENT GRANTED TO THE CITY OF CHULA VISTA PER DOCUMENT NO. 97-0571503 RECORDED NOVEMBER 13, 1997 AS SHOWN WITHiN NEIGHBORHOOD 1, UNIT 1 FINAL MAP, PURSUANT TO SECTION 8333 OF THE STREETS AND HIGHWAYS CODE, AND APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENTS FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISIONS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROViNG SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 92-02, SALT CREEK RANCH, NEIGHBORHOOD 1, UNITS 1 THROUGH 6, AND NEIGHBORHOOD 7, UNITS 1 THROUGH 3, REQUIRING PAC1FIC BAY HOMES TO COMPLY WITH CERTAiN UNFULFILLED CONDITIONS OF RESOLUTIONS 16834 AND 2000-190, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING DETENTION AND DESILT1NG BASIN MAINTENANCE AGREEMENT BY AND BETWEEN THE CITY OF CHULA VISTA AND PACIFIC BAY PROPERTIES AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Page 2 - Council Agenda 02/27/01 D. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A GRANT OF EASEMENT AND MAINTENANCE AGREEMENT BY AND BETWEEN THE CITY OF CHULA VISTA AND PACIFIC BAY PROPERTIES AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT E. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACKNOWLEDGING ON BEHALF OF THE CITY OF CHULA VISTA AN IRREVOCABLE OFFER OF DEDICATION OF FEE INTEREST FOR A COMMUNITY PARK SITE, AN iRREVOCABLE OFFER OF DEDICATION OF FEE INTEREST FOR A FIRE STATION SITE, AND AN IRREVOCABLE OFFER OF DEDICATION FOR STREET PURPOSES FOR DUNCAN RANCH ROAD On October 6, 1992, Council approved the Tentative Subdivision Map for Chula Vista Tract No. 92-02, Salt Creek Ranch. On that Tentative Map, neighborhood boundaries were delineated. Adoption of the resolutions will approve the Final Maps for Neighborhood 1, units 1 through 6, and Neighborhood 7, units 1 through 3, Subdivision Improvement Agreements, Supplemental Subdivision Improvement Agreement, detention and desilting basin maintenance agreement, grant of easement and maintenance agreement for Proctor Valley Road, acknowledging the Irrevocable Offers of Dedication for a community park site, fire station site, and Duncan Ranch Road. (Director of Public Works) Staff recommendation: Council adopt the resolutions. 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE SAN DIEGO TRANSIT CORPORATION (SDTC) FOR FIXED ROUTE BUS SERVICE BY EXERCISING THE OPTION FOR THE PERIOD JULY 1, 2001 THROUGH JUNE 30, 2002 On April 7, 1998, Council adopted a resolution waiving the bidding process and approving a new agreement with SDTC for the two-year period beginning July 1, 1998 and ending June 30, 2000. On February I, 2000, Council adopted a resolution waiving the bidding process and extending the agreement by one year, from July 1, 2000 through June 30, 2001. This agreement included an option for an additional year, from July 1, 2001 through June 30, 2002. The proposed resolution will exercise that option. (Director of Public Works) Staff recommendation: Council adopt the resolution. 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING PRELIMINARY DETERMINATIONS AND DECLARING INTENTION TO ISSUE BONDS TO REFUND THE OUTSTANDING IMPROVEMENT BONDS ISSUED FOR CERTAIN EXISTING ASSESSMENT DISTRICTS, ORDERING A REPORT THEREON, WAIVING THE CONSULTANT SELECTION PROCESS AS IMPRACTICAL, APPOINTING THE FIRM OF BEST, BEST & KRIEGER, LLP AS BOND COUNSEL, APPOiNTING THE FIRM OF STONE & YOUNGBERG AS UNDERWRITER FOR THIS AND ANY FUTURE DISTRICT REFUNDING TRANSACTIONS, AND AUTHORIZING THE MAYOR TO EXECUTE AMENDMENTS TO EXISTING AGREEMENTS WITH BOTH FIRMS Page 3 - Council Agenda 02/27/01 The City currently has nine assessment districts and three community facility districts with outstanding debt. The municipal banking firm of Stone & Youngberg, LLC has preliminarily reviewed the status of seven of the older assessment districts and submitted a proposal indicating that under the current, low-interest rate environment, the outstanding debt of these districts may be refinanced in order to achieve significant savings to the property owners on their annual assessments. Since Stone & Youngberg and Best, Best, & Krieger are under contract with the City to serve as underwriter and bond counsel respectively on all land-based debt transactions in the Otay Ranch territory, it is recommended that those contracts be amended to include this proposed transaction and that staff be directed to pursue the proposed refinancing. (Deputy City Manager Powell) Staff recommendation: Council adopt the resolution. ORAL COMMUNICATIONS Persons speaking during Oral Communications may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. PUBLIC HEARINGS 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. 7. CONSIDERATION OF AN AMENDMENT TO THE SUNBOW II SECTIONAL PLANNING AREA PLAN The applicant, Morgan Group, Inc., has submitted a Sectional Planning Area (SPA) amendment application to transfer density equivalent to 130 dwelling units from Planning Areas 7, 10A and 11 to Planning Area 10, located at the northeast corner of Medical Center Court and East Palomar Street. Staff recommendation: Council conduct the public hearing and adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROViNG AMENDMENT TO THE SUNBOW II SECTIONAL PLANNING AR~A PLAN TO TRANSFER DENSITY EQUIVALENT TO 130 DWELLING UNITS FROM PLANNTNG AREAS 7, 10A AND 11 TO PLANNING AREA 10 Page 4 - Council Agenda 02/27/01 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. 8. CONSIDERATION OF THE STAFFING NEEDS OF THE STREET MAINTENANCE, STREET STRIPING & SIGNING, URBAN FORESTRY MAINTENANCE, AND THE OPERATIONS ADMINISTRATION SECTIONS OF THE PUBLIC WORKS DEPARTMENT Adoption of the resolutions will establish an adequate staffing level that will help the City meet its growing needs for street maintenance, street markings & signs, and tree trimming services. The Street Maintenance, Street Striping & Signing, Urban Forestry Maintenance, and Operations Administration Sections are currently experiencing a staffing shortage. Furthermore, there are many new streets and trees in the Rolling Hills Ranch, Eastlake, Sunbow II, and Otay Ranch Villages ! and 5 developments that will be turned over to the City in the near future, thereby exacerbating the staffing shortage. (Director of Public Works) Staff recommendation: Council adopt the following resolutions: A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2000/2001 BUDGET BY APPROPRIATING $137,301, $96,051 FROM THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND AND $41,250 OF UNANTICIPATED SEWER FUND REVENUE FOR THE REMAINDER OF THE CURRENT FISCAL YEAR, AND APPROVING ADDITIONAL STAFF, SUPPLIES, AND OFFICE EQUIPMENT FOR THE STREET MAINTENANCE, STREET STRIPING & SIGNING, URBAN FORESTRY MAINTENANCE, AND OPERATIONS ADMINISTRATION SECTIONS OF PUBLIC WORKS (4/5THS VOTE REQUIRED) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2000/2001 BUDGET BY APPROPRIATING $100,000 FROM THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND TO INCREASE THE TREE TRIMMING CONTRACT AMOUNT (4/5THS VOTE REQUIRED) C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2000/2001 BUDGET BY APPROPRIATING $528,475 FROM THE UNAPPROPRIATED BALANCE OF THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE FUND FOR EQUIPMENT, APPROPRIATING $30,203 FROM THE UNAPPROPRIATED BALANCE OF THE GAS TAX FUND FOR EQUIPMENT, APPROPRIATING $39,825 FROM THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND FOR OTHER PROFESSIONAL SERVICES ($12,500), CONSTRUCTION MATERIALS ($8,500), TRAFFIC CONTROL SUPPLIES (1,000), AND FOR EQUIPMENT REPLACEMENT AND MAINTENANCE COST ($17,825) (4/5THS VOTE REQUIRED) Page 5 - CotmcilAgenda 02/27/01 ITEMS PULLED FROM THE CONSENT CALENDAR OTHER BUSINESS 9. CITY MANAGER'S REPORTS A. Scheduling of meetings. 10. MAYOR'S REPORTS 11. COUNCIL COMMENTS CLOSED SESSION 12. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: The Chula Vista Municipal Golf Course on Bonita Road and seven adjacent acres. Negotiating Parties: City of Chula Vista (Sid Morris, Chris Salomone), American Golf, County of San Diego, C.W. Clark, C.W. Clark, Inc.; Jeff Phair, The Phair Co.; and Scott Robinson. Under Negotiation: Purchase price/lease rate and other terms and conditions for possible disposition of City-owned property and/or lease buy-out or restructure. 13. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(C) · Two Cases 14. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B) · One Case ADJOURNMENT to an Adjourned Regular Meeting on Thursday, March 1, 2001 at 4:00 p.m. in the Council Conference Room, and thence to the Regular Meeting of March 6, 2001 at 4:00 p.m. in the Council Chambers. Page 6 - Council Agenda 02/27/01 CI'IY CHULA VISI'A OFFICE OF THE CITY A'I-I'ORNEY Date: February 21, 2001 The Honorable Mayor and City Council From: John M. Kaheny, city Attorney~~ Re: Report Regarding Actions Taken in Closed Session for the Meeting Of 2/20/01 The City Council of the City of Chula Vista met in Closed Session on 2/20/01 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, C. W. Clark, Inc.; Jeff Phair, The Phair Co.; and Scott Robinson Under Purchase price/lease rate and other terms and con- Negotiation: ditions for possible disposition of City-owned property and/or lease buy-out or restructure. · CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) ~ A. Miller v. City of Chula Vista (SDSC GIC758186) The Redevelopment Agency of the City of Chula Vista did not meet in Closed Session on 2/20/01. 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 9articipated, that there were no reportable actions which are required under the Brown Act to be reported. JMK:lgk 276 FOURTH AVENUE · CHULA VISTA · CALIFORNIA 91910 · (619) 661-5037 · FAX (619)~ 409-582;3 COUNCIL AGENDA STATEMENT Item Meeting Date 2/27/00 ITEM TITLE: A) Resolution Approving Final Map of Chula Vista Tract No. 00-03, Eastlake Trails North Neighborhoods TN-5 and TN-6, accepting on behalf of the City of Chula Vista the various public streets, the additional right of way for Otay Lakes Road along the frontage of the property and easements, all as granted on said map within said subdivision, and acknowledging on behalf of the City of Chula Vista the irrevocable offers of dedication of fee interests of lots 209 and 210 for public park purposes, and the five lettered lots for open space purposes, all as shown on said map within said subdivision, and abandoning on behalf of the City of Chula Vista the road easement located on said map within said subdivision, and accepting on behalf of the City of Chula Vista the irevocable offer of dedication of fee interest of the additional northerly right of way for Otay Lakes Road, and approving the Subdivision Improvement Agreement for the completion of improvements required by said subdivision and authorizing the Mayor to execute said agreement. B) Resolution Approving Supplemental Subdivision Improvement Agreement for Chula Vista Tract No.00-03, Eastlake Trails North Neighborhoods TN-5 and TN-6 requiring The Eastlake Company to comply with certain unfulfilled conditions of Resolution 2000-310 and authorizing the Mayor to execute said agreement. / SUBMITTED BY: Director of Public Works REVIEWED BY: City Manag~O (4/Sths Vote: Yes No X) On April, 2000, by Resolution 2000-310, Council conditionally approved the Tentative Subdivision Map for Chula Vista Tract No. 00-03, Eastlake Trails (see Exhibit "A"). The Final Map, Subdivision Improvement Agreement and Supplemental Subdivision Improvement Agreement for Eastlake Trails North Neighborhoods TN-5 and TN-6 (total of 207 single family residences) are now before Council for consideration and approval. (see Exhibit "B" and "C") RECOMMENDATION: That Council adopt the resolutions: (A) approving the Final Map, and Subdivision Improvement Agreement; and (B) approving the Supplemental Subdivision Improvement Agreement for Eastlake Trails North Neigh borhoods TN-5 and TN-6. BOARD/COMMISSIONS RECOMMENDATIONS: Not Applicable Page 2, Item__ Meeting Date 2/27/01 DISCUSSION: The project site is triangular in shape and represents a portion of the northwestern area of the EastLake Trails subdivision (see Exhibit"D"). The subdivision consists of 207 single-family residential lots on 58.088 acres, as follows: Number of Total Residential Number Number of Number of Remainder Total Number of CPF Lots Park lots Lots for Streets Lots Acreage of Lots Lots Open Space 215 207(19.303) 1(6.273) 2(15.825) 5(3.203) (4.732) (8.752) 58.088 The final map has been reviewed by the Department of Public Works and found to be in substantial conformance with the approved Tentative Map. Approval of the map constitutes acceptance by the City of all easements within the subdivision. Open Space The Developer has made irrevocable offers of dedication of fee interests for all the internal open space lot (five lettered lots). The City does not accept these lots because the Home Owner's Association will maintain them. The Developer has also made irrevocable offers of dedication of fee interests for 2 lots for public park purposes. These lots are not be accepted by the City until the park is constructed. Satisfied Conditions and Agreements The Developer has already satisfied the applicable conditions of approval of Resolution 2000-310 through the design, grading and improvement plans, the bonding of work, the payment of all applicable fees, granting of easements, and by entering into the proposed Supplemental Subdivision Improvement Agreement (SSIA) and Subdivision Improvement Agreement (SIA). The Developer has already executed the SSIA in order to satisfy the outstanding Tentative Map Conditions. The SSIA requires EastLake to construct the following offsite facilities: 1) Otay Lakes Road as a full-width six lane prime arterial along the entire frontage of the Eastlake Trails, and 2) The South Westerly curb return on the intersection of Otay Lakes Road and Hunte Parkway (see Exhibit "E"). The developer has already provided separate security bonds for the construction of these improvements. Improvement #1 should be completed within two years from the approval date of the agreement and improvement #2 should be completed within six months from the approval date of the agreement. The SSIA also authorizes the City Engineer to approve a one-year extension for completing these improvements, provided that Developer has diligently pursued completion of said improvements. Page 3, Item __ Meeting Date 2/27/01 Off-site irrevocable offers of dedication (IOD) The Developer has granted an IOD to the City for the additional northerly right of way for Otay Lakes Road along the frontage of the property. The Developer has agreed to grant an IOD to the City for all the offsite Right of Way necessary for the installation of the required street improvements at the request and to the satisfaction of the City Engineer. The Developer has posted a $50,000.00 cash bond toward the cost of condemnation proceedings required for this area. The Developer has also executed a Subdivision Improvement Agreement (SIA) and has provided bonds to guarantee the installation of surveying monuments & the construction of the entire on site improvements. The Engineering Division, at the request of the developer, has previously issued a construction permit for all the onsite facilities (i.e. street, sewer, drainage, etc) serving the proposed subdivision. FISCAL IMPACT: None to the General Fund. Developer deposits will cover all staff costs associated with processing subject final map and agreements. Exhibits: A) Resolution 2000-310 (Tentative Map Conditions) B) Subdivision Improvement Agreement (SIA) C) Supplemental Subdivision Improvement Agreement (SSIA) D) TN-5 and TN-6, Vicinity Map E) Offsite facilities - Vicinity Map F) Disclosure statement G) IOD for additional Otay Lakes Rd. Right of Way (to the north) H:~HOME~ENGINEER\LANDDEV~Trails North\5-6\CASFMTn56 3.rny.doc EXHIBIT RESOLUTION NO. 2000-310 A RESOLUTION OF THE CITY COUNCEL OF THE CITY OF CHULA VISTA APPROVING AND ESTABLISHING CONDITIONS OF TI-DE TENTATIVE SUBDIVISIONMAP FOR EASTLAKE TR.A~S NORTH, CHULA VISTA TRACT 00-03 I. RECITALS A. Project Site WHEREAS, the area of land which is the subject matter of tiffs resolution is diagrammatically represented in Exhibit A, attached hereto and incorporated herein by this reference, and commonly known as EastLake Trails North Tentative Subdivision Map, Chula Vista Tract 00- 03; and for the purpose of general description herein consists of 30.6 acres located on the east side of Hunte Parlcway between Otay Lakes Road and Clubhouse Drive, w/thin the EastLake Trails Plarmed Commun/ty ("Project Site"); and B. Project; Application for Discretionary Approval WHEREAS, on April 14, 2000, The EastLake Company ("Applicant") filed a tentative subdivision map application with the Planning and Building Department of the City of Chula Vista requesting approval of the Tentative Subdivision Map known as EastLake Trails North, Chula Vista Tract 00-03, ha order to subdMde the Project Site into 207 single family residential lots; and 4 open space lots ("Project"); and C- Prior Discretionary Approvals WHEREAS, the development of the Project Site has been the subject matter of various ent/tlements and ageements, including: 1) Master Tentative Map, Chula Vista Tract 9%03 for EastLake Trails; 2) a General Development Plan, EastLake II (EastLake I Expansion) Genera/ Development Plan previously approved by City Council Resolution No. 15198 ("GDP") and amended by City Council Resolution No. 19275 on November 24, 1998; 3) the EastLake Trails Sectional Planning Area ("SPA") Plan; 4) EastLake Trails Air Quality Improvement Plan (AQIP); 5) EastLake Trails Water Conservation Plan (WCP); 6) EastLake Trails Planned Community District Regulations; 7) EastLake Trails Design Guidelines; 8) EastLake Trails Public Facilities Financing Plan; and 9) EastLake Comprehensive Affordable Housing Program, all prev/ously approved by City Council Resolution No.19275, and Ordinance 2765 on November 24, 1998; 10) EastLake Development Agreement, approved on February 27, 1999; and 11) EastLake Park Agreement, approved on August 8, 1998; 12) Escrow Agreement, approved on March 26, 1996; and D. Planning Commission Record on Application ~REAS, the Planning Commission held an advertised public hearing on the Project on August 9, 2000, and after hearing staffpresentation and public testimony, voted to recommend that the City Council approve the Project, in accordance with the findings and subject to the conditions listed below. E. City Council Record of Applications Resolution 2000°3 Pa~.e 2 WHEREAS, a duly called and noticed public hearing on the Project ~vas held before the City Council of the City of Chula Vista on August 22, 2000, on the 'Project and to receive the recommendations of the Planning Commission, and to hear public testimony w/th regard to same; and WHERE.U, the City Clerkset the time and place for a hearing on said tentative subdivision map application and notice of said hearing, together with its purpose, was given by its pubhcation in a newspaper of general circulation in the City, and its mailing to property owners within 500 ft. of the exterior boundary of the project at least 10 days prior to the hearing; and WHI!REAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. August 22, 2000, in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereaier closed. NOW, TlrtER.EFORE, BE IT RESOLVED that the CiLy Council does hereby find, determine and resolve as follows: ii. PLANNIN-G COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at theirpublic hem'-ing on the Project held on Augnst 9, 2000, and the minutes and resolutions resulting therefi-om, are hereby incorporated into the record of this proceeding. III. COMPLiA_NCB WITH CBQA The City Council hereby determines that this project was covered under previous FSEI2R. 97- 04, EastLake Tra/ls/Greens Replanning Pro,am and Addendum to EIR-95-04, and therefore no fm-ther action is required in accordance with the requirements of the California En¼ronmental Quahty Act, the State ELM Guidelines and the En~fronmental Review Procedures of the City of Chula Vista_ IV. TENTAT!¥E SUBDIVISION MAP FIN-DINGS A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council fmds that the Tentative Subdivision Map as conditioned herein for EastLake Trails, Chula Vista Tract No. 99-03 is in conformance with the elements of the City's General Plan, based on the following: a. Land Use The EastLake Trails Sectional Planning Area (SPA) identifies the subject site as a portion of-5~, rcel R-4 which allows for a total of 533 units. The Master Tentative Map approved 325 residential units for Parcel R-4. The 30.6 acres for the "project" request an additional 207 units. Thus the number of proposed un/ts is consistent with the number of target units allowed per the adopted SPA Plan. Resolution 2000-310 Pa_e ~ b. Circulation All on-site and off-site public streets required to serve the subdivision will be constructed or DIF fees paid by the developer in accordance with the EastLake Trails Public Facilities Financing Plan. All streets required to serve the subdivision will be constructed in accordance with the Cit$, design standards and/or requirements for public streets and provide for vehicular and pedestrian connections with adjacent streets. The westerly adjoining street system was designed to handle anticipated flow of traffic fi.om this and other area projects. The required and anticipated offsite improvements shall be designed to handle this Project and future projects in the area. c. Housing The EastLake Comprehensive Affordable Housing Program has been adopted and incorporated into the EastLake Trails SPA Plan to ensure that a minimum of 10% affordable housing is provided. In addition, a mix of housing types and lot sizes for single-family, tox~'nhouses, condominium and various apartment densities will also be provided for persons of various incomes. d. Conservation The Environmental Impact Report FSEIR-97-04 and Addendum addressed the goals and policies of the Conservation Element of the General Plan and found the development of this site to be consistent with these goals and policies. e. Parks and Recreation. Or)en Snace An overall Master Tentative Map was previously approved for the EastLake Trails Master Plan Community. As such, the Master Tentative Map provided for parks and open space per the requirements of the adopted General Development Plan and Site Utilization Plan (SPA) for EastLake Trails. f. Seismic SafeW The proposed subdivision is in conformance with the goals and policies of the Seismic Element of the General Plan for this site. Safew The Fire Department and other emergency service agencies have reviewed the proposed subdivision for conformance with City safety policies and have determined that the proposal meets the City Threshold Standards for emergency services. h. Noise Noise mit. igation measures included in the Environmental Impact Report FSEIR-97- 04 and Addendum adequately address the noise policy of the General Plan. Required Resolution 2000-3 PaGe 4 n'fitigation involves the construction of sound attenuati9n/valls along Otay Lakes Road. The project has been conditioned to require that all dwelling units be designed to preclude interior noise levels over 45 dBA and exterior noise exposure over 65 dBA for all outside private patio areas. An additional acoustical study will be required prior to issuance of building permits to determine if any construction measures must be taken to ensure the above maximum noise levels are adhered to. i. Scen/c Highway The project site is located adjacent to designated scenic highways (14unte Parkway and Otay Lakes Road). Administrative design review approval will be required prior to issuance of the first final map in order to ensure the adjacent proposed development (the project) will enhance the scenic quality of the highway(s) per section 8.2 of the City of Chula Vista General Plan Land Use Element. j. Bicycle Routes Bicycle lanes have been incorporated witkin the EastLake Trails desi~tm and will be connected to the ex/sting EastLake Greens SPA bicycle lane system. In addition, the public streets within the project are of adequate Mdth to accommodate bicycle ~avel within the interior of the subdivision. k. Public Bnildin~s No public buildings are proposed on the project site. The project is subject to RCT fees prior to issuance of building permits. B. Pursuant to Section 66412.3 of the Subdivision Map Act, the Council certifies that it has considered the effect of this approval on the housing needs of the re,on and has balanced those needs against the public sen'ice needs of the residents of the City and the available fiscal and environmental resources. C. The confi~mn-ation, orientation and topography of the site partially allows for the optimum setting of lots for passive or natural heating and cooling oppommities as required by Government Code Section 66473.1. D. The site is physically suitable for residential development and the proposal conforms to all standards established by the City for such projects. E. The conditions herein imposed on the grant of permit or other entitlement herein contained is approximately proportional both in nature and extent to the impact created by the proposed development. BE IT FURTHER RES OLVED that the City Council does hereby approve the Project subject to the general and special conditions set forth below. Resolution 2000-310 Page 5 V. GENER~4i. CONDITIONS OF APPROV.~L - A. Project Site is Improved with Project Developer, or their successors in interest, shall improve the Project Site with the Project as described in Tentative Subdivision Map, Chul~i Vista Tract 00-03 and FSEIR-97-04 and Addendum to EIR-95-04 except as modified by this Resolution. B. Implement Mitigation Measures Developer shall implement or cause the implementation of all mitigation measures pertaining to the Project identified in the Final Supplemental Environmental Impact Report FSEIR-97- 04. Mitigation measures not listed as specific conditions of this Resolution or by the project design are incorporated by reference and shall be implemented to the satisfaction of the Environmental Review Coordinator. C. Implement previously adopted conditions of approval pertinent to the project Unless otherwise conditioned, comply, remain in compliance and implement, the terms, conditions and provisions, as are applicable to the property which is the subject matter of this Tentative Map, o~l 1) EastLake Trails Master Tentative Ma_p, Chula Vista Tract 99-03, established by Resolution No. 19477 and approved by the City Council on May 4, 1999; 2) The EastLake II General Development Plan (GDP); 3) EastLake Trails Sectional Planning .Area (SPA) Plan; 4) EastLake Trails Planned Community District Re~malations; 5) EastLake Trails Design Guidelines; 6) EastLake Trails Public Facilities Financing Plan; 7) EastLake Trails Water Conservation Plan; 8) EastLake Trails .Air Quality Improvement Plan; 9) EastLake Trails Sub-area Water Master Plan; and I 0) EastLake Trails Waste Water Master Plan, all approved by the Council on November 24, 1999, Resolution No. 19275 (APiarist), prior to approval of the corresponding final map. As an alternative, the Developer shall enter into an agreement with the City, proviciing the City with such security (including recordation of covenants nmning with the land) and implementation procedures as the City may require. Also assuring that, a_tier approval of the final map, the developer will continue to comply, remain in compliance, and implement such Plans. The Developer shall also agree to waive any claim that the adoption ora final Water Conservation Plan or Air Quality Plan constitutes an improper subsequent imposition of the condition. D. Implement P~blic Facilities Financing Plan Developer shall install public facilities in accordance with the EastLake Trails Public Facilities Financing Plan as amended or as required by the City Engineer to meet threshold standards adopted by the City of Chula Vista. The City En~neer and Planning and Building Director may, at their discretion, modify the sequence of improvement construction should conditions chang.e to warrant such a revision. Resolution 2000-310 -. Page 6 E. Design Approval The project is conditioned to require administrative design review approval prior to first final map approval in order to determine the appropriate development standards for the project as well as review the height of proposed acoustical walls and the design of the subdivision in relation to the adjoining scenic highways. F. Project Phasing If phasing is proposed within an individual map or through multiple final maps, the Developer shall submit and .obtain approval for a development phasing plan by the City End, freer and Director of Plarming prior to approval of each final map. The phasing plan shall include: 1. A site plan showing the lot lines and lot numbers, the phase lines and phase numbers and number of dwelling units in each phase. 2. A table showing the phase number, the tots included in the phase and the number of m-tim included in each phase. Improvements, facilities and dedications to be provide with each phase or unit of development shall be demrmined by the CitY Engineer and Director of Planning. The CiLy reserves the right to conditionally approve each final map and require improvements, facilities and/or dedications as necessary to provide adequate circulation and to meet the requirements ofpolice and fire depa tments. The City Engdneer and Planning Director may at their discretion, modify the sequence of improvements and construction should conditions change to warrant such revision(s). G. Tentative Subdivision Map Conditions Pr/or to approval of the first final map for any lot or unit unless otherwise indicated, the developer shall: STREETS. RIGHTS-OF-WAY AND PUBLIC IMPROVEMENTS 1. Consmact or enter into an agreement to construct and secure in accordance with Chapter 18.16 of the Municipal Code, full street improvements for all onsite public streets shown on the Tentative Map as required for each final map in accordance with Chula Vista Design Standards, Chula Vista S~eet Standards, and the Chula Vista Subdivision Manual, unless otherwise approved by the City Engineer. Said impmvemo:~, shall include but not be limited to: asphalt concrete pavement, base, concrete curb, gutter and sidewalk, sewer, reclaimed water, potable water, drainage facilities, street lights, traffic signals, signs, fire hydrants, and transitions to existing improvements in the mariner required by the City Engineer. Resolution 2000-310 Page 7 2. Prior to approval of the first final map, conslamct or. enter into an agreement to construct and secure, in accordance with Chapter 18. [6 of the Municipal Code, the offsite improvements listed below. Said improvements shall include, but not be limited to: asphalt concrete pavement, base, concrete curb, gutter and sidewalk, sewer, reclaimed water, potable water, drainage facilities, street lights, traffic signals, signs, fire hydrants, and transitions to existing improvements in the manner required by the City Engineer. a_ Improvements that have not been installed along Hunte Parkway fi-om Otay Lakes Road to North Greens'dew Drive. Those improvements shall include the necessary grading and construction required to provide an 8-foot wide meandering walkway on the eastern side of Hunte Parkway and any other street improvements deemed necessary by the City Engineer. Any additional right-of-way required to accommodate the completion of said improvements shall be granted to the City prior to approval of the first final map. b. Otay Lakes Road as a full width six-lane arterial along the entire frontage of the EastLake Trails northern boundary. All offsite and onsite right-of-way needed to construct the eastbound transition to the existing improvements and the ultimate street improvements shall be granted to the City prior to approval of the first final map. The schedule for construction of the above improvements shall be determined or approved by the City Engineer prior to approval of the aforementioned first final map. The amount of the secm'ity for the above noted improvements shall be 110% times a construction cost estimate approved by the City En~neer if improvement plans have been approved by the City, 150% times the approved cost estimate if improvement plans are being processed by the City or 200% times the construction cost estimate approved by the City Engineer if improvement plans have not been submitted for City review. A lesser percentage may be required if it is demonstrated to the satisfaction of the City Engineer that sufficient data or other information is available to warrant such reduction. Include with the improvement plans for Otay Lakes Road the installation of a source for reclaimed water necessary to irrigate the sewer pump station property at the location along Otay Lakes Road, to the satisfaction of the City En~neer and City Open Space Coordinator. c. Reconstruction of the southwest quadrant of the intersection of Hunte Parkway and Otay Lakes Road as required by the City Engineer to improve southbound Waffle driving conditions at the intersection. d. King Creek Way fi-om Hunte Parkway to North Creekside Drive. e. North Creekside Drive fi-om King Creek Way to the existing improvements as depicted in Chula Vista Drawing No. 99-261. Resolution 2000-310 - Page S 3. Subm/t and obtain approval from the Director ofPlannin, g arid Building and the City Engineer for all street names. No two intersections shall have the same street name and street name suffixes shall comply w/th City standards. 4. Obtain approval from the City Engineer for street light locations. 5. Construct sidewalks and pedestrian ramps on all walkways to meet "Americans with Disabilities Act" standards and as approved by the City En~ineer. 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 requ/red by federal law, City ADA standards may be considered vested, as determined by Federal regulations, only after construction has commenced. 6. Prov/de a letter from the Otay Water District indicating that the subdivision will be provided with adequate water service and long term water storage facilities. 7. Design all street vertical and horizontal curves and intersection si~mht distances to conform to the Caltrans Highway Desi~ma Manual. All streets, which intersect other streets at or near a horizontal or vertical curve, must meet intersection design sight distance requirements in accordance with City standards. Sight visibility easements . . shall be _m-anted as necessary to comply with the requirements in the Caltrans Highway Desi~ma Manual. Lighted sag vertical curves will be permitted, with the a~nproval of the City Engineer, at intersections per A.ASHTO standards 8. Pro~Sde minimum 5' wide bicycle lanes on King Creek Way from Hunte Parkway to North Creekside Drive. 9. Acquire and then ~ant to the City all off-site rights-of-way necessary for the installation of required street improvements for the affected phase pr/or to approval of the first final map. 10. Notify the City at least 60 days prior to City Council consideration of the affected final map, if off-site r/ght-of-way cannot be obtained as required above (Only off- site fight-of-way or easements affected by Section 66462.5 of the Subdivision Map Act are covered by th/s condition). After said notification and prior to the approval of the affected £mal map, the developer shall: a. Pay the full cost of acquiring off-site fight-of-way or easements required by the Tentative Map conditions of approval. b. Deposit with the City the estimated cost of acquiring said fight-of-way or easements. The amount of the deposit is subject to the approval of the City Engineer. c. Prepare and submit all easement and/or right-of-way documents, plats and at~praisals necessary to commence condemnation proceedings. Resolution 2000-310 Page 9 If the developer so requests, the City may use its power of eir~inent do'main to acquire right-of-way, easements or licenses needed for off-site improvements or work related to the tentative map. The developer shall pay all costs, both direct and indirect incurred in said acquisition. If the City does not acquire or commende proceedings for immediate possession of the property within the 120 day time limitation specified in Section 66462.5 of the State Subdivision Map Act, the condition to construct the related off-site improvements, which fall under the purview of the above mentioned Section of the Subdivision Map Act, is waived. 11. Construct a temporary turnaround or street improvements, as determined necessary by the City Engineer and Fire Marshal, at the end of temporarily stubbed streets ~eater than 150 ft. in length (as measured from the nearest centerline intersection). 12. Provide an interim eastbound deceleration lane along Otay Lakes Road for the entFance to park site (P-3) concurrent with the completion of P-3 if the tfltimate south half-street improvements for Otay Lakes Road are not completed at that time. 13. Provide interim traffic control de~'ices, as required by the City En~neer, to detour pedestrian traffic to the nearest street crossing if a signalized pedestrian crossing is not available when the greenbelt trail is completed and connected to Otay Lakes Read and Olympic Parkway. 14. Desi_ma and construct the lane reduction transitions along King Creek Way within EastLake Trails to the satisfaction of the City En~neer. 15. Install, to the satisfaction of the City Engineer, street lights on traffic signal poles at the intersections ofHtmte Parkw,'ay with King Creek Way. Ifa traffic signal is not required at this intersection, install standard street lighting fixtures. 16. Design and construct underground traffic signal equipment and traffic signal standards at the locations determined by the City Engineer. GP,.AD~G AND DRAI2NAGE 17. Submit hydrologic and hydraulic studies and calculations, including dry lane calculations for all public streets. Calculations shall also be provided to demonstrate the adequacy of downstream drainage structures, pipes and inlets. 18. Accomplish storm drain design on the basis of the requirements of the Subdivision Manual and the Grading Ordinance #1797 as amended. 19. Provide graded access to all storm drain clean outs or as otherwise approved by the City Engineer. 20. Design the storm drains and other drainage facilities to include Best Management . Resolmmn 2000-_~ ~0 --, Pa_~5'~ !0 Practices to minim/ze non-point source pollution, satisfactoD' to the City Engineer. 21. Designate on the plans as private, to the first cleanout within the public right-of-way, all storm drain systems that collect water from private property. 22. Design and construct storm drain cleanouts to not be located on slopes or in inaccessible areas for maintenance equipment. 23. Design and construct all public storm drains as close to perpendicular to the slope contours as possible but in no case greater than 15 degrees from perpendicular to the COntOurS. 24. Designate as private and maintain by a Home Owner's Association all storm drain clean outs carrying pr/vate property water and determined by the City to be in areas inaccessible for maintenance equipment. Include in the CC&R's conditions and resections to assure proper mmntenance. 25. Design and construct brow ditches to not flow over a slope ~eater than 10 feet in heist and steeper than a 3:1. Drainage shall be collected in an inlet and can-ied to the bottom of the slope in an under?ound storm drain. 26. Provide runoff detention facilities or demonstrate the aaequacy of exmtm= detention facilities, to be approved by the City Engineer, to assure that the m~ximum allowable discharge after development does not exceed pre-development discharges. The developer also needs to provide for the future maintenance of the facilities via the landscaping maintenance district. 27. Provide energy dissipators at all storm drain outlets as required by the City En~neer to mahntain non-erosive flow velocities. 28. Process and obtain approval of necessary documents for the Federal Emergency Management Agency (FEMA) to revise the effective Flood Insurance Rate Map (FIRM) and Flood Insurance Study (FIS) for that portion of Salt Creek located with/n EastLake Trails, prior to City issuance of grading permit for grading proposed within Salt Creek. The City Engineer, in his discretion, may require revisions for the project area due to improvements to Salt Creek. 29. Submit to and obtain approval from the City Engineer and Director of Planning and Building for an erosion and sedimentation control plan as part of grading plans. 30. Pro~dde a minimum of 3 feet of flat ground access area from the face of any wall to the beginning of the slope rounding for wall maintenance, unless otherwise approved by the City Engineer. 31. Locate lot'lines at the top of slopes except as approved by the City Engineer. Lots Resolution 2000-310 Page I 1 shall be so graded as to drain to the street or an approved drainage system. Drainage shall not be perm/ned to flow over slopes or onto adjacent property. 32. Dehgn and construct all grading and pad elevations to be within 2 feet of the grades and elevations shown on the approved tentative map or as otherw/se approved by the City Eng/neer and Director of Plarafing knd Building. 33. Obtain notarized letters of permission for all off-site grading work prior to issuance of grading permit for work requiting said off-site grading. 34. Submit a list of proposed lots, prior to approval of the corresponding final map, indicating whether the structure will be located on fill, cut, or a transition between the two situations prior to approval of the first final map. 35. Design and construct the inclination of each cut or fills surface resulting in a slope to not be steeper than 2:1 (two horizontal to one vertical) except for minor slopes as herein defined..MI constructed minor slopes shall be designed for proper stability considering both geolo~cal and soil properties. A minor slope may be constructed no steeper than one and one-half horizontal to one vertical (1.5:1) contingent upon: a. Submission of repons by both a soils engineer and a cedi fled engineering geolo~st containing the results of surface and subsurface exploration and analysis. These results should be sufficient for the soils end, Sneer and engineering geologist to certify that in their professional opinion, the underlying bedrock and soil supporting the slope have stren~_~h characteristics sufficient to provide a stable slope and will not pose a danger to persons or property, and b. The installation of an approved special slope planting program and irrigation system. c. "Minor Slope"is defined as a slope four (4) feet or less in vertical dimension in either cut or fill, between single family lots and not parallel to any roadway. 36. Enter into an agreement with the City wherein the City is held harmless from any liability from erosion, siltation or increase in flow of drainage resulting from this project. SEWER 37. Design all sewer access points (manholes) to be located at street centerline or at the center of a travel lane or as otherwise approved by the City Engineer. 38. Provide a sewer profile study for all deep "Local" and "Trunk" sewer lines (15' in depth or greater) which indicates that no other feasible alternative exists except for deep sewer lines. If the City Engineer approves the profile study, the deep sewer lines Resolution 2000-3 t 0 - Page 12 4411 be permitted for construction. 39. Install parallel sewer lines for sewer lines greater than 15 feet in depth if lateral lines are to be connected to these lines unless otherwise approved by the City Engineer. For sewer lines greater than 20' in depth, C900 P.V.C. shall be used from manhole to manhole. 40. Submit a letter of credit, prior to recordation of the subdivision final map for said lot, for all sanitary sewer facihties fees required for development of any lot subject to Telegraph Canyon Sewer Pumped Flows D12F. 41. Provide improved access to all sewer manholes to withstand H-20 wheel load or other loading as approved by the City Engineer. 42. Design and construct sewer access points to not be located on slopes or in inaccessible areas for maintenance equipment. 43. Provide sewer manholes at all changes of aii~mnnent of grade unless otherwise approved by the CiD' En=mkneer. Sewers serving 10 or less equivalent dwelling units shall have a minimum grade of 1%. 44. Design and construct all sewers ending in a cul-de-sac with a manhole placed at the center of the cul-de-sac, unless otherwise approved by the City Engineer. 45. ProxSde for the costs associated with the maintenance mad the potential upgrading of the sewer pump station located at 2660 Otay Lakes Road in accordance with the a~eernent between the City, Pacific Bay Homes and The EastLake Company, dated January 20, 1998. 46. If a new pump station(s), or the upgade of an existing pump station(s), is proposed to accommodate additional sewage flows from the proposed Project, the Developer shall provide a sewage capacity study when such facilitie(s) are proposed in accordance with City of Chula Vista Policy Number 570-03 (Sewage Pump Station Financing Policy). 47. Provide to the City a letter from Otay Municipal Water District Lndicating that the assessments/bonded indebtedness for all parcels dedicated or granted in fee to the city have been paid or that no assessments exist on the parcel(s). 48. Pay in full, prior to recordation of each final map, all sanitary sewer facilities fees required for development of all lots subject to Salt Creek Sewer Basin DIF. AGREEMENTS/FINANCIAL 49. Developer shall enter into a supplemental agreement with the City, prior to approval of each final map, where the developer agrees to the following: Resolution 2000-310 Page I3 a. That the City may withhold building permits for' the subject subdivision if any one of the following occur: 1. Re~onal development threshold limits set by the East Chula Vista Transportation Phasing Plan, as mended from time to time, have beer/reached or in order to have the Project comply with the Growth Management Program as may be mended from time to time. 2. Traffic volumes, levels of service, public utilities and/or services either exceed the adopted City threshold standards or fail to comply with the then effective Growth Management Ordinance and Growth Management Pro,am and any amendments thereto.. Public utilities shall include, but not be limited to, air quality, drainage, sewer and water. 3. The required public facilities, as identified in the EastLake Trails PFFP or othc:u-wise conditioned have not been completed or constructed to satisfaction of the City.. The developer may propose changes in the timing and sequencing of development and the construction of improvements affected. In such case, the EastLake Trails PFFP may be amended as approved by the Director o fPlanning and Building and Director of Public Works. b. Agree to defend, indemnify and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees, to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Council or any approval by its agents, officers, or employees with regard to this subdivision pursuant to Section 66499.37 of the State Map Act provided the City promptly notifies the subdivider of any claim, action or proceeding and on the fin-ther condition that the City fully cooperates in the defense. c. Agree to pcb-mit all cable television companies franchised by the City of Chula Vista equal oppommity to place conduit to and provide cable television service for each lot or unit within the Tentative Map area. Developer further agrees to grant, by license or easement, and for the benefit of, and to be enforceable by, the City of Chula Vista, conditional access to cable television conduit within the properties situated within the' final map only to those cable television compan/es franchised by the City of Chula Vista the condition of such grant being that (a) such access is coordinated with Developer's construction schedule so that it does not delay or impede Developer's conslruction schedule and does not require the trenches to be reopened to accommodate that placement of such conduits; and (b) any such cable company is and remains in compliance with, and promises to remain . in: compliance with the terms and conditions of the franchise and with all other rules, regulations, ordinances and procedures regulating and affecting Resom~on 2000-~ I 0 Page 14 '- the operation of cable television companies as same may have been, or may from time to time be, issued by the City of Chula Vista. Developer hereby conveys to the City of Chula Vista the authority to enforce said covenant by such remedies as the City determines appropriate, including revocation of said grant up. on determination by the City of Chula Vista that they have violated the conditions of grant. d. Developer a~ees to not protest formation of a district for the maintenance of the drainage channel in Salt Creek or for the maintenance of landscaped medians, open space, and parkways along streets within and adjacent to the subdivision. e. That applicant will comply with the provisions of the City-wide Parks Master Plan when it is adopted. 50. Enter into a.n a~m-eement with the City' to provide affordable housing un/ts as specified in the adopted EastLake Compre~nensive Affordable Housing Program pr/or to approval of the first final map. OPEN SPACE/ASSESSMENTS 51. Grant Irrevocable Offers of Dedication (IOD) on the final map for Open Space lots wiukin the subdivision. 52. ?tonex the project to the existing EastLake Trails (EastLake 12-I) Homeowners Association prior to approval of the first final map for maintenance of all landscaped sloped maintenance areas, private open space lots, public street improvements and medians and parkways on King Creek Way prior to approval of the first final map. 53. Cop~form to the des/gn elements of the Citys Landscape Manual for all landscaping wkich falls within the maintenance responsibility of the Homeowners Association unless otherwise approved by the Director of Planning and Building. 54. Maintain all decomposed granite (D.G.) walkways providing pedestrian access and connections from edge of cul-de-sacs and nearby streets by the Home Owner's Association. 55. Provide proof to the satisfaction of the City Engineer and Director of Planning and Building that all improvements located on open space lots will be incorporated into and maintained by a Home Owners Association. Include the obligation to provide for perpetual maintenance of, but not limited to, landscape and irrigation improvements, including perimeter and sound walls within open space lots, and medians and parkways on King Creek Way, North Creekside Drive, Hunte Parkway (from Otay Lakes Road to King Creek Way) and Otay Lakes Road (fi-om Hunte Parkway to the easterly subdivision boundary) prior to approval of the first final map. The City En~neer:and Director of Planning and Building may approve that certain of the Resolution 2000-310 Page 15 aforementioned improvements be maintained by the existing EastLake Open Space District. 56. Enter into a maintenance agreement and grant easements as necessary for landscaping maintained by a Home Owners Association within City right-of-way or such other areas required by the City. 57. Avoid installation of privately owned water, reclaimed water, or other utilities crossing any public street. This shall include the prohibition of the installation of sleeves for future construction of privately owned facilities. The City Eng/neer may waive this requirement if the following is accomplished: a. The developer enters into an agreement w/th the City. where the developer agrees to the following: 1. Apply for an encroachment permit for installation of the private facilities w/thin the public right-of-way. 2. Ma/ntain membersh/p in an advance notice such as the USA Dig Alert Service. 3. Mark out any private facilities owned by the developer whenever work is performed in the area. 4. The terms of this agreement shall be binding upon the successors and assi_mas of the developer. b. Shutoff devices as determined by the City En~neer are provided at those locations where private facilities traverse public streets. 58. Pay all costs associated with apportionment of assessments for all City assessment diswicts as a result of subdivision of lands within the boundary prior to approval of the each final map. Submit an apportionment form and provide a deposit as detgrmined by and to the City to cover costs. 59. Prepare a disclosure form, to be signed by the home buyer, aclmowledg/ng that additional fees have been paid into the Assessment District or the Transportation Fund, and that these additional fees are reflected in the purchase price of the home .for those units, should the development have a density change from that indicated in the Assessment District En~neer's Report. 60.Submit all Special Tax and Assessment disclosure forms for each model size or EDU for the approval of the City Engineer. 6 I. Comply with the terms and conditions of the Acquisition/Financing Agreement for Assessment District 94-1, CO 94-064, approved by Council Resolution 17483 as said terms and conditions may be applicable to this development. .. Resolution 2000-3 Page 16 62. Design and construct all of the utilities that serdce open splice within the limits of the open space or dedicated City right-of-way. 63. A~ee to have owners of lots which have adjoining walls located within an open space lot sign a statement when purchasing their homes that they are aware that the wall is on Open Space properly and that they may not modify or supplement the wall or encroach onto Open Space property. These restrictions shall be reflected in the project CC&Rs, and a copy of said restrictions shall be provided to the City for its approval. 64. Prior to the issuance of the 350th building permit for Chula Vista Tract 99-03, prepare, submit and obtain the approval fi-om the Director of Plann/ng and Building for the Project's Community Park Master Plan (P-1 and P-3.) The Community Park Master Plan shall include facilities and men/ties prescribed in the forthcoming City- w/de Parks Master Plan as adopted by City Council. tn the event that the forthcoming City-wide Parks Master Plan is not adopted before the commun/ty park design begins, the Director of planning and Building shall determine the appropriate park facilities for the community park. 65. Prepare, submit and obtain approval by the Director of Planning and Building for detailed landscape and irrigation plans, including water management guidelines in accordance with the Chula Vista Landscape Manual and Section I1.4, Desima "'~ Guidelines, of the EastLake Trails SPA for the associated landscaped areas in each l final map pr/or to the approval of each final map. If Poplns species trees are incorporated in the EastLake Trails Landscape theme, appropriate installation methods acceptable to the Director of Planning and Building shall be prescribed in the landscape improvement plans. 66. Construct pedestrian walkway connections between the edge of all cul-de-sac termini and adjacent streets to the satisfaction of the Director of Plarming and Building and City Engineer. Approval shall be obtained documented prior to the approval of each final map. 67. Relocate at Developer's own expense, the necessary above and underground utilities serving individual homes to accommodate the required street trees within the street tree planting easement if determined necessary by the City. 68. Prior to the Approval of the first final map, Applicant shall satisfy the Parklands and Public Facilities Ordinance obligation for the 207 dwelling units with a payment to the City of Chula Vista of a minimum of $467,820.00 and the dedication to the City of a rain/mum of 0.54 acres of park land contained within EastLake Trails Parcel P- 1 or P-3. The exact amount of each to be determined by the Director of Parks and Recreation. EASEMENTS 69. Grant on ihe corresponding final map minimum 15' wide easements to the City of Resolution 2000-310 Page 17 Chula Vista, as required by the City En~neer, for construction and maintenance of sewer facilities. 70. Grant on the corresponding final map minimum 15' wide easements to the City of Chula Vista, as required by the City Engineer, for construction and maintenance of storm drain facilities. 71. Grant on the corresponding final map t 0' wide general utility easements, as required by the City En~neer, along street rift-of-way adjacent to open space lots. 72. Grant easements for ail off-site public storm drains and sewer facilities prior to approval of any final map requiring those facilities. The easements shall be the size as required by City standards unless otherwise approved by the City En~neer. 73. Grant 20' landscape buffer easements adjacent to Otay Lakes Road. 74. Grant to the Ciw on the corresponding final map easements along all public streets with/n the subdNdsion as shown on the tentative map and in accordance with City standards unless otherwise approved by the City Engqneer and the Director of Piarafing and Building. 75. Dedicate for public use all the streets shown on the subject tentative map within the subdi~Ssion bomndaT. MISCELLANrEOUS 76. A summary of Ci~ responses to each of applicants waiver requests from Ci~ standards is contained within the following Table I, which includes the "Approved" or'%'ot Approved" status of each waiver. The summary descriptions for each waiver within Table I are brief and the approved Tentative Map should be consulted for mom complete descriptions of the waiver requests. TABLE I: TENTATIVE MAP WAIVERS WAV'IER BRIEF DESCRIPTION STATUS COMMENTS NO. I. Less than Standard 35' Long Frontage for Lots 15, 25, 26, 56, 68, 69 & 70 Approved None 2. Street intersection within horizontal curves or within 100' tangents of *Approved None horizontal curves. 3. Open Space lots shall have a minimum dimension of I 0' except Lots B & C Approved None 4. Lot 79 shall have an easement (5.50') modified to vary from 0 to 5.5' to Approved None. allow for retaining and 2:1 slope 5. Street Tree Easement Adjacent to resident/al street right of ways shall be Approved None graded with 2: I-(5:1) slopes except where streets are higher than pad elevations Resolution 2000-310 - Page 18 * The City's approval of the wa/vet r~tuest is contingent upon submittal ora letter fro~.apl~licant~ Engineer-of- Work explaining that, in their profeaional opinion, no public safety issues will be Compromise'fl. 77. Submit "as-built" improvement and grading plans as required by the City Subdivision Manual. Additionally provide the City said plans in a digital D.X.F. file format. 78. Submit a copy of each subdivision in a digital D.X.F. file format prior to approval of its associated final map or as requested by the City Engineer. The digital file shall be based on accurate coordinate geometry calculations and the NAD 83 State Plane Coordinate System. The digital file shall specifically include each of the following items in a separate drawing layer: a. Lot Boundaries, b. Lot Numbers, c. Subdivision Boundary, d. Right-of-Way, e. Street Centerlines, and Approved S~eet Names. Submit the digital file in accordance with CiW Guidelines for Digital Submittal on 3.5 disks or as otherwise approved by the City Engineer. In addition, submit as-built ~o-ading and improvement plans in a digital D.X.F. file format. Provide security to guarantee the ultimate submittal of grading and improvement digital files. Update el~trorfic files after any construction pen and ink changes to the grading or improvement plans and resubmit to the City. 79. Tie the boundary of the subdivision to the California System - Zone VI (1983). 80. Include in the H.O.A. CC&R's that the maintenance of all public facilities and improvements within open space areas and public right-of-way is managed by the Home Owner's Association if, in fact, the H.O.A. has such responsibility. Submit to and obtain approval of said CC&R's by the Director ofPlarming & Building and City, Engineer prior to approval of the £~rst final map. 81. Include in the Declaration of Covenants, conditions and restricting provisions assuring maintenance of private facilities including the private slreets, private sewer and drainage systems, and the maintenance of all public facilities and improvements within open space areas and public right-of-way to be maintained by the H.O.A. Name the City of Chula Vista as party to said Declarations authorizing the City to enforce the terms and conditions in the Declarations in the same manner as any owner within the subdivision. 82. Future property owners shall be notified during escrow by a document to be initialized by the owners of the maintenance responsibility of the H.O.A. and their estimated annual cost. The form of said document shall be approved by the Director ofPlarmhag & Buitding and the City Engineer prior to approval of the first final map. Resolution 2000-310 Page 19 83. Submit and obtain approval by the Director of Planning ~.nd Building and City Engineer of the proposed CC&R's for the subdivision'prior to approval of the first final map. 84. Modify the EastLake Trails Water Conservation Plan to incorporate all new water conservation polici6s adopted by the' City Council. Comply and remain in compliance with said policies. 85. Prior to approval of the first final map, applicant shall prepare and submit a request and receive approval for administrative design review of proposed development standards to be utilized for the project. Said review shall also include the design of the development per Section 8.3 of the City of Chula Vista General Plan Land Use Element regarding scenic highways and the height of the proposed acoustical walls along Hunte Parkway and Otay Lakes Road. 86. Contract with the City's current street sweeping franchisee, or other server approved by the Director of Public Works to provide street sweeping for each phase of development on a frequency and level of service comparable to that provided for sitnilar areas of the City. The Developer shall cause street sweeping to commence immediately after the final residence, in each phase, is occupied and shall continue sweeping until such time that the City has accepted the street or 60 days after comnletion of all punch list items, whichever is sooner. The developer shall also provide the City Conservation Coordinator with a copy of the memo requesting street sweeping service. The memo shall include a map of areas to be swept and the date the sweeping will begin. 87. Prox-ide the In/rial Cycle of fire management/brash clearance 'afthin lots adjacent to natural open space areas subject to approval by the Fire Marshal and Director of Plarming and Building. 88. Install fire hydrants every 500 feet for single family residential. Install and make operable the hydrants and 20-foot fire access roads prior to delivery of combustible building materials. 89. Submit to the Planning and Building, and Engineering Departments service availability letter from the Otay Water District prior to approval of each final map. 90. Install potable and recycled water infi'astmcture improvements as prescribed in the EastI,ake Trails Subarea Water Master Plan prep ared by John P owell and Associates, September, 1998, including but not limited to the following: a. Provide a letter from OWD confirming that upon completion of the potable and recycled water infrastructure facilities, the Developer shall dedicate the improvements to the Otay Water District. Resolution 2000-310 ~-~ Page 20 b. Extend the existing potable and recycled water'rnaing in Hunte Park%,ay south to Olympic Park-way, and conslzuct mains in Olympic Parkway from Hunte Parkway to the Olympic Training Center. 91. Obtain State De-pm Unent offish & Game (1603 Stream bed Alteration Agreement) and Federal (Section 404 Clean Water Act) permits, if required by those Resources Agencies, prior to approval of a permit for any ?ading or consU-uction work within Salt Creek Canyon. 92. Agree to provide noise study prior to issuance first building permit to identify noise impacts generated by surrounding sU:eets and determine the necessary mitigation measures to insure that all dwelling units will be design and constructed to preclude interior noise levels over 45 dBA and exterior noise exposure over 65 dBA. The developer shall implement all mitigation measures recommended in the noise study to reduce noise impacts. 93. Prior to the first final map, applicant must provide detailed solution for the sound attenuation walls along Otay Lakes Road, per m/tigation measure of FSEER 97-04 and Addendum. 94. A~ee to participate in a re~onal or sub-re~onal multi-spec/es coastal sage scrub conservation plan pr/or to approval of the first final map. CODE REQUIREMENTS 95. Comply with all applicable sections of the Chuta Vista Murficipal Code. Preparation of the final map and all plans shall be in accordance with the provisions of the Subdivision Map Act and the Ci~ of Chula Vista Subdivision Ordinance and Subdivision Manual. 96. Underground all utilities within the subdivision in accordance with Municipal Code requirements. 97. Pay all applicable fees in accordance with the City Code and Council Policy, including, but not limited to, the following: Prior to issuance of the first building permit: 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. SR-125 impact fee. e. Telegraph Canyon Pump Sewer Fee. f. Salt Creek Sewer Basin Fee. Resolution 2000-310 Paoe 21 98. Comply with all relevant Federal, State, and Local regulations, including the Clean Water Act. The developer shall be responsible for providing all required testing and documentation to demonstration said compliance as required by the City Engineer. 99. Desitin all dwelling units to preclude interior noise levels over 45 dBA and shield all exterior private open space to tirrfit noige exposure to 65 dBA. 100. Comply with all applicable regulations established by the United States Environmental Protection Agency CLISEPA) as set forth in the National Pollutant Discharge Elimination System (N.P.D.E.S.) permit requirements for urban nmoffand storm water discharge and any regulations adopted by the City of Chula Vista parsuant to the N.P.D.E.S. regulations or requirements. Further, the applicant shall file notice of intent w/th the State Water Resources Control Board to obtain coverage under the N.P.D.E.S. General Permit for Storm Water Discharges Associated w/th Construction Activity and shall implement a Storm Water Pollution Prevention Plan (SW'PPP) concurrent with the commencement of grading activities. The SWPPP shall include both construction and post conslruction pollution prevention and pollution control measures and shall identify, funding mechanisms for post construction control measures. 101.Comply with Chula Vista Mun/cipal Code Sections 14.04 to 14.18 and 18.54 for any work proposed w/thin the watercourse and floodplain of Salt Creek. 102. Ensure that prospective purchasers sign a''Notice of Special Taxes and Assessments" pursuant to Municipal Code Section 5.46.020 regarding projected taxes and ensure that prospective purchasers sign a "Notice of Special Taxes and Assessments" assessments. Submit the disclosure form for approval by the CitY Engineer pr/or to final map approval. IX. CONSEQUENCE OF FAILURE OF CON~DITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the fight to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the author/ty of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Resolution. X. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that any one or more terms, provision, or conditions are determined by a Court of competent jurisdiction top be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. .. Resolution 2000-3 Pa~e 22 Presented by Approved as to form by Robert A. Leiter J~TK~eny ~ Plug ~d Bulling Director /~ Anomey PASSED, .~PRO~D, ~d ~Ob~D by ~e CiW Co~cil of ~e Ciw of Chula Vist& Califo~& ~s 22~a day of Au~st, 2000, by ~e following vote: A~S: Co~ci~embers: Davis, Moot, Sal~, ~d Honon NAYS: Co~ci~embers: None .~SENW: Co~ci~embers: Padilla Shirley Horton,,~elayor ATTEST: Susan Bigelow, City Clerk STATE OF CALI2rORN-L{ ) COU.-NrrY OF S,~N DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2000-310 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chuta Vista City Council held on the 22 day of Au~mlst, 2000. Executed this 22~ day of August, 2000. Susan Bigelow, City Clerk o Reczrding Re~uested b!' ~=_~ CLERK When Recorded, Mail to CiTY OF CHULA VISTA 276 Fourth Avenue Chuia Vista, Ca. 91910 No __=nsf_r 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 r .... v~d. Declarant SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of ~=~-"=~v 2000, bv and between THE CiTY OF CHULA VISTA, a municiDa! ~- .... ~ ~ '~=r=~n~er ca~=d "City" and .... EASTLAi~ COMPA_N~-, 900 Lane Avenae, Suite !00, Chu!a vis~a, CA 91915, hereinafter -~- " ~' ~'~ '= " with c=_.=~ S-D~_~_~-/ reference to the facts set forth below, which Recitals constitute a part of this Agreement; WHEREAS, Subdivider is abeu~ ~a presen~ ~e ~he City Council of the city of Chu!a Vista for approval and recordation, a final s~division map of a proposed subdivision, to be k~o~ as EastL~ke Trails, Neighborhoods TN-5 and TN-6, pursuant ~o t~e provisions of the Subdivision ~ap Ac~ of ~he State of California, and com:iiance_ w~h' the _~rovisions of Title !8 of ~he Chula V~s' ' Hunicipa! Code re!a~in9 ~o ~he filing, approval and recordation an' ~{--~ ~on _ ' a~d W-HEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula Vista, S~divider must have either installed and completed all of the public i~Drovements and/or land development work re~ired by the Code to be installed in s~divisions before final maps of subdivisions are approved by the Council for PurPose of recording in the Office of the cowry Recorder of San- D~ego County, or, as an alternative, thereto, S~divider shall enter ~n=o an agreement with city, secured by an approved improvement security to insure the perfo~ance of said work pursuant to the retirements of Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at S~divider's o~ e~ense, all of the public i~Drovements and/or land development work re~ired in said s~division within a definite period of time prescribed by said Co,oil; and ~r~va! and ~='~-~f saii mas by -~= Council to ~- inzo ~.~_~ ........... = _rrovzae~ ~na~ Subdivider will__.s~=__~ ~-'~ _ S_o .... m~_ s own expense all ~he Dub!'- improvemen~ work required by City in connection with ~he proposei subdivision and will deliver to City improvement securities as approved by ~he City ..... ~'- WHEREAS, a tentative mad of said subdivision has ~ ~ ' ~ been approved, subject ~o certain requirements and conditions, as contained in Resolution No. 2000-310, approved on the !4th da}, of Reso!u~zon ) - and ~e~-~i 2000 ("Tentative MaD ~ ' " WHEREAS, complete plans and specifications for the construction, installation and completion of said public improve- men~ work have been prepared and submitted to the City Engineer, as shown on Drawings Nos. 00154-01 ~hrough 00154-12 inclusive, on file in zhe office of the City Engineer; and -~T:~:~..~..__._, an estimate of te~_.- css~ of constructinG_ said _Deb!dc imrrsvements according lo said plans and specifications has been =uo~..~ea an! approved sv 5ne City in the amount of Seven Million Two Hundred Thousand Dollars and No Cents {$7,200,000.00) . NOW, THEREFORE, iT iS MUTUALLY ~I~ERSTOOD AI~D AGREED AS FOLLOWS: !. Subdivider, for iEse!f ani his successors in interest, an obligation 5he burden of which encumbers and runs with the land, agrees to comply with all of the ter~..s, 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, ' ~ '~ Lnc~uc_,.g 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. -2- .... ~0..~_~ ~ CO ar before ~ke second anniversary date of Council approval of Sub!ivision imerovement Agreement. 4. it is understood and agreed that Subdivider will perform sail improvemen~ 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 ~his paragraph. 5 it is exDress!v understood and acreed to by , then, in the eerformance of said Imerovemenn Work, Subdivider will conform to ami abide by_ all of the _provisions of the ordznanc=s' - of ~-= City cf Chu!a Vista, and the laws oz the Sn=~_ of California --~{ -' ~ said work. ~. Sub!ivider further agrees to_=_~._sn~,~ ' and ....... ~=]~v=~ to the Ciny of Chu!a Vista, simultaneously with 5he execution of 5his agreement, an approved improvemenn securiuy from a sufficienn s~,~==v whcse sufficiency has been approved by the City in the sum of Three Million Six Hundred Thousand Dollars and No Cents ($3,~00,000.00) which security shall guarantee the faithful _performance of this contract by Subdivider and is attached n_r_~,'= marked Exhibit "A" and made a part hereof. 7. Subdivider further agrees to furnish and deliver to the city of Chu!a 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 Million Six Hundred Thousand Dollars and No Cents ($3,600,000.00) to secure the payment of material and labor in co~ection 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 Chu!a 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 Eighteen Thousand Dollars and No Cents ($18,000.00) to secure the installation of monuments, which security is attached hereto, marked Exhibit "C" and made a part hereof. ~Ne improvement Work within said subdivision in accordance wi~h such's~ec_~_~-~_ons_ ~z~ he_-_n~ co~az.:_~-- '~ or referred, or at' the option_ of ~he City, as are approved by the city Council at the time of encaging the work to be .... o_.,~=d. Upon certification of completion by the City Engineer and acceptance of said work by City, and al{er certification by the Director of Finance that all costs hereof are fully p~id, 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 no 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 overh_ae), and any proceeds from the zm~_ov_m_..~ security. 10. It is also expressly agreed and understood by the parties ..... ' ~--- o: Chula Vis,a, or any herezo ~e== in no case will Eno ~_~y _ ~e~arEmen~, board or officer thereof be ~{=e~ for any portion of -~= cosec =~ expenses of ~n= wc.~r aforesaid, nor shall any =={-=~ ' ' sureties or bondsmen, ~= liable for the pal~ent of any sum or sums for said work or any materials furnished therefor, except to re= limits established by the approved improvement security___{~ accordance with ~-~:= reqnairements o~_ the State Subdivision Map AcK and 5he ~r~_c~___ons--~={ of T~t]= ..... 18 of the Chu!a 1!. it is further understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental exTenses) incurred by City in connection with the approval of ~he Improvement Work plans and installation cf_mpro~m~n~Y .... ~ Work e~=~nabol_r= _provided for, and the cost of street signs and street trees as re_c/uired 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 ~lti! 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 skil! not constitute a w~iver ~= defects by C{~v as sen forth 13. !z is understood and agreed that City, as indemnitee, or any officer or employee thereof, shall not be liable for any injury To ~rson or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee, related no Ehis agreemeRt. Subdivider further agrees to protect and hold the city, its officers and eSp!oyees, 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 en%P!oyees, 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 indemnificanion and agreement to hold harmless shall extend to damages to adjacent or downstream properties or the taking of _~m owners of such adjacent or downstream eroDerties as a result of nhe construction of said subdivision and the public imerovements as provided herein, it shall also extend to damages ....... g r~om~ d .... s_o_~ waters, change zn the volume of flow, o~ -~ ~ sf mhe velocity of the water, erosion or siltation, or nks modification of nhe point of discharge as the result of the csxs~ruction and mainnenance of drainage systems. The approval of _m!ans providing for ~..~v or all of these conditions shall not constitute nhe assumpnion by City of any responsibility for such ~ama~e or tamzng, nor shall '~ by -~ ' ' ' C~y, said approval, be an insurer cr surety for the construction of Ehe subdivision pursuant to said approved improvemenn 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. !4. 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 _ts agents, ozzmcers, or employees to attack, set aside, void, or annul, an approval of the City, adviso~v agency, appeal board, or legislative body concerning a s,,_bdivision, 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 S~bdivider's successor in interest if the City Manager his/her sole ~_scretlon 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 re~ested, permit a s~stitution 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 ......= .... '- e!see'here in chis Acre=m=~- ~-'~, ssslcnmenc' "~'~,..~= ..... be ~ = (NEXT PAGE IS SIGNATURE PAGE) SIGNATURE PAGE TO SUBDiVISiON IMPROVEMENT AGREEMENT EASTLAKE T.~_~.iLS, NEIGHBORHOODS TN-5 & TN-6 IN WiT~{ESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove foruh. THE CITY OF ~..ULA VISTA THE EASTLAKE COMPlY/Y, LLC Mayor of the City of Chu!a ~il. liam-T. ~J~t~em, ~esiden~ & CEO Curt Bm~th, V~ce ~res~den¢ City Clerk Approved as ~o form by Ci~t~n~y ~ (Attach Not~ry Acknowledgment) -7- STATE 0F CAL~0R>,riA ) ) SS. COU.-NTY OF SAN' DIEGO ) On t2qs Z.~ ~ da), of r~Z~,~','~z~P-~,../ 20 b / befor~ me, -.-.-.-.-.-.-.-.-.&~"/4//_~-_~ A;~. ~-/-/~,,,..-~/z./ a ~otary Public in and for said State, i~ersonalIy app~ar~dzT/>.~/,?/z/t-7-~&7--?~/~ personally known to me (or pr~r_oved to me on the basis of satisfactory ~videnc~) to be the p~=o~(~k~hose n=~4fp~/~=bso~b=d t__o ~the wi,mn ins~ent =d ~omo~d~ed heYsh~ executed the samm in his/her/~{~j~'L~;a~thorizcd caps.¢ity~ and that by his/her/t~?~> signature s~~ on the instrument the per$o ~_r~{ or the entity upon behalf of which the acted, executed the instrument. vat, ss ~yh=d and of~oia sea. ~- - g~,S~,~:;,~m~ Signature ~ z~ ,~c~ /~'/~ N 0 T.~'2c~¥ ?UBLIC _ - BxhibiE ...... ' =. improvemenn Security Performance Form: Bonds $3 600, 000 00 ~}~.:_o_t !mDrovement Security Material and Labor: Form: Bonds Amount $3,600,000.00 Form: Bo~ds Amount: $18,000.00 Securities approved as 5o form and amount by SSS/~/ City Atto~ey Improvement Completion Date: Two (2) years from date of City Council approval of the Subdivision Improvement Agreement. H: \Home \At t orney\SL~\Trail s 5 &6 F,E S Z-~DiI~G REQ,,- EST Ci:} C,erk WHEN RECORDED MAIL TO: CITY, OF CHULA VISTA 276 Fourth Avenue Chute Vista, CA 91910 No transfer tax is due as this is a com'eyance to a puPlic agency of les~ then a fee interest for which no cash consideration has been paid or received. Devaieper Above Space for Recorder's Use SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 00-03 EASTLAKE TRAILS NEIGHBORHOODS TN-5 & TN-6 (Conditions B,C,D,2, 5, 9, 10, 11, 12, 13, 14, 15, 16, 28, 33, 36, 45, 46, 49, 50, 53, 56, 57, 63, 64, 65, 67, 77, 78, 84, 86, 87, 88, 91, 92, 95, 96, 97, 98, 99, 100, 101 and 102 of Resolution 2000-310 for Chula .,Vista Tract No. 00-03, Eastlake Trails) 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 EASTLAKE COMPANY, LLC? A CALIFORNIA LIMITED LIABILITY COMPANY ("Developer" or "Grantor"), with reference to the facts set forth below, which recitals constitute a part of this Agreement: RECITALS A. This Agreement concerns and affects certain real property located in Chula Vista, California, more particularly described on Exhibit 'A" and as shown on Exhibit "B~ attached hereto and incorporated herein ("Property"). The Property is referred to as EastLake Trails Neighborhoods TN-5 & TN-6, Chute Vista Tract No. 00-03 as approved by. resolution no. 2000-310. For purposes of this Agreement the term "Project" shall mean "Property". Developer is the owner of the Prooenv C. Developer has applied for and the City has approved a Tentative Subdivision Map commonly referred to as Chula Vista Tract No. 00-03, Eastlake Trails, ("Tentative Subdivision Map") for the subdivision of the Property. D. The City has adopted Resolution 2000-310 ("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 the final map for which Developer has applied ("Final Map") 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 conditions. F. The following defined terms shall have the meaning set forth herein, unless otherwise specifically indicated: "Commence 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. "Complete Construct'on means ~hen construction of required improvements has been completed and accepted by the City. NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein contained, the parties agree as set forth below. 1. Agreement Applicable to Subsequent Owners. 1.1 Agreement Binding Upon Successors. This Agreement shall be binding upon and inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property until released by the mutual consent of the parties. 1,2 Agreement Runs with the Land. The burden of the covenants contained in this Agreement ("Burden") is for the benefit of the Property and the City, its successors and assigns and any successor in interest thereto. City is deemed the beneficiary of such covenants for and in its own dght 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 [and or interest therein, lf 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. a, Developer Release on Guest Builder Assignments. If Developer assigns any portion of the:Project, Developer may have the right to obtain a release of any of Developer's obligations under this Agreement, provided Developer obtains the prior written consent of the City to such release. Such assignment shall, however, be subject to this Agreement and the Burden of this Agreement shall remain a covenant running with the land. The City shall not withhold its consent to any such request for a release so long as the assignee acknowledges that the Burden of the Agreement runs with the land, assumes the obligations of the Developer under this Agreement, and demonstrates, to the reasonable satisfaction of the City., its ability to perform its obligations under this Agreement as it relates to the portion of the Project which is being acquired by the Assignee. Developer, or their successors in interest, shall improve the Project Site with the Project as described in Tentative Subdivision Map, Chula Vista Tract 00-03 and FSEIR-97-04 and Addendum to EIR-95-04 except as modified by this Resolution. b. Implement Previously Adopted Conditions of Approval Pertinent to Project. Developer agrees, unless other wise conditioned to comply, remain in compliance and implement, the terms, conditions and provisions, as are applicable to the property which is the subject matter of this Tentative Map, of: 1) EastLake Trails Master Tentative Map, Chula Vista Tract 99-03, established by Resolution No. 19477 and approved by the City Council on May 4, 1999; 2) The Eastlake II General Development Plan (GDP); 3) Eastlake Trails Sectional Planning Ai'ea (SPA) Plan; 4) Eastlake Trails Planned Community District Regulations; 5) Eastlake Trails Design Guidelines; 6) Eastiake Trails Public Facilities Financing Plan; 7) Eastlake Trails Water Conservation Plan; 8) Eastlake Trails Air Quality Improvement Plan; 9) Eastlake Trails Sub-area Water Master Plan; and 10) Eastlake Trails Waste Water Master Plan, all approved bythe Council on November 24, 1999, Resolution No. 19275. 2. Condition "B" of Resolution 2000-310 (CEQA) In satisfaction of condition "~3" of Resolution 2000-310, the Developer shall diligently implement, or cause the implementation of all mitigation measures pertaining to the Project identified in the Final Subsequent Environmental Impact Report for the EastLake Trails/Greens Replanning Program, EIR 97-04. Any such measures not satisfied by a specific condition or by the project design shall be implemented to the satisfaction of the Director of Planning and Building. Mitigation Measures shall be monitored via the Mitigation Monitoring Program approved in conjunction with the Mitigated Negative Declaration and Addendum. Modification of the sequence of mitigation shall be at .: the discretion of the Director of Planning and Building should changes in the circumstances warrant such revision. Mitigation measures not listed as specific conditions of this Resolution or by the project design are incorporated by reference and shall be implemented to the satisfaction of the Environmental Review Coordinator. 3. Condition "C" of Resolution 2000-310 (Previous Conditions) In satisfaction of Condition "C" of Resolution 2000-310, Developer agrees, unless otherwise conditioned, to comply, remain in compliance and implement, the terms, conditions and provisions, as are applicable to the proper~y which is the subject matter of this Tentative Map, of: 1 ) EastLake Trails Master Tentative Map, Chula Vista Tract 99-03, established by Resolution No. 19477 and approved by the City Council on May 4, 1999 ;2)The Eastlake il General Development Plan (CDP); 3) Eastlake Trails Sectional Planning Area (SPA) Plan; 4) Eastiake Trails Planned Community District Regulations; 5) Eastlake Trails Design Guidelines; 6) Eastlake Trails Public Facilities Financing Plan; 7)Eastiake Trails Water Conservation Plan; 8) Eastlake Trails Air Quality Improvement Plan; 9) Eastlake Trails Sub-area Water Master Plan; and 10) Eastlake Trails Waste Water Master Plan, all approved by the Council on November 24, 1999, Resolution No. 19275, prior to approval of the corresponding final map. As an alternative, the Developer shall enter into an agreement with the City, providing the City with such security (including recordation of covenants running with the land) and implementation procedures as the City may require. Also assuring that, after approval of the final map, the developer will continue to comply, remain in compliance, and implement such Plans. The Developer shall also agree to waive any claim that the adoption of a final Water Conservation Plan or Air Quality Plan constitutes an improper subsequent imposition of the condition. 4. Condition "D" of Resolution 2000-310 (PFFP) In satisfaction of Condition "D" of Resolution 2000-310, the Developer Agrees to install public facilities in accordance with the EastLake Trails Public Facilities Financing Plan as amended or as required by the City Engineer to meet threshold standards adopted by the City of Chula Vista. The City Engineer and Planning and Building Director may, at their discretion, modify the sequence of improvement construction should conditions change to warrant s~:h a revision. 5. Condition No. 2 and 14 of Resolution 2000~310 (Offsite Improvements). In satisfaction of Condition No. 2 and 14 of Resolution 2000-310, the Developer agrees to construct and secure as set fodh below and as described on exhibit "C", in accordance with Chapter 18.16 of the Municipal Code, the offsite improvements listed below. Said improvements shall include, but not be limited to: asphalt concrete pavement, base_, concrete curb, gutter and sidewalk, sewer, reclaimed water, potable water, drainage facilities, street lights, traffic signals, signs, fire : hydrants, and transitions to existing improvements, without any cost to the City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer. Developer also agrees to construct the Offsite Improvements in accordance with improvement plans subject to approval by the City. Developer further agrees to Complete Construction of the Offsite Improve- ments on or before the second anniversary date of the approval of this Agreement. The City Engineer, in his/her sole discretion, may extend the Complete Construction date up to one (1) year provided that Developer, in the opinion of the City Engineer, has diligently pursued completion of the improvements. It is expressly understood and agreed to by Developer that, in the performance of construction of said Offsite Improvements, Developer shall conform to and abide by all of the provisions of the ordinances, standards and policies of the City of Chula Vista, the laws of the State of California and federal law as applicable to said work. a. Improvaments that have not been installed along Hunte Parkway from Otay Lakes Road to North Greensview Ddve. Those improvements shall include the necessary grading and construction required to provide an 8-foot wide meandering walkway on the eastern side of Hunte Parkway and any other street improvements deemed necessary by the City Engineer. b. Otay Lakes Road as a full width six-lane arterial along the entire frontage of the EastLake Trails northern boundary. All offsite and onsite dghbof-way needed to construct the eastbound transition to the existing improvements and the ultimate street improvements shall be granted to the City pdor to approval of the first final map for the Eastlake III development as identified in fig. 3-2 of EiR .~.-:01-01. The schedule for construction of the above improvements shall be determined or approved by the City Engineer prior to approval of the aforementioned first final map for the Eastlake III development as identified in fig. 3-2 of EIR #01~01. Developer further agrees to include with the improvement plans for Otay Lakes Road the installation of a source for reclaimed water necessary to irrigate the sewer pump station property at the location along Otay Lakes Road, to the satisfaction of the City Engineer and City Open Space Coordinator. Developer further agrees to include with the improvement plans for Otay Lakes Road the design and construction of the Salt Creek sewer main crossing Otay Lakes Road· c. Reconstruction of the southwest quadrant of the intersection of H~nte Parkway and Otay Lakes Road. Developer further agrees to Complete Construction within six months of the approval date of this Agreement. d. Construct the lane reduction transitions along King Creek Waywithin Eastlake ~. Trails. e. Bonding. i. Developer agrees to furnish and deliver to the City, simultaneously with the execution of this Agreement, and to thereafter maintain until City acceptance of the work referenced herein, an approved improvement security from a sufficient surety (A. Ivl. Best's rating of A, V or better), whose sufficiency and form have been approved by the City Attorney in the sums as set forth on Exhibit '%", which security shall guarantee the faithful performance in connection with the installation of the Street improvements. ii. Developer agrees to furnish and deliver to the City simultaneously with the execution of the Agreement, and to thereafter maintain until City acceptance of the work referenced herein, an approved improvement security from a sufficient surety (A.M. Best's rating of A, V or better), whose sufficiency and form have been approved by the City Attorney in the sums as set forth on Exhibit, "C", to secure the payment of material and labor in connection with the installation of said Street improvements. iii. Developer acknowledges and agrees that if the Street Improvements are not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the Street improvements as listed on Exhibit "C". Upon certification of completion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to the Developer, or its successors in interest, pursuant to the terms of the improvement security. Developer agrees to pay to the City any difference between the total costs incurred to perform the work, including limited and reasonable design and administration of construction in substantial conformance with the approved plans (including a reasonable allocation of overhead), and any proceeds from the improvement security. f. Developer's Costs and Expenses. It is also expressly agreed and understood by the parties hereto that in no case will the City, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall the City or the City's officer, sureties or bondsmen, be liable for the payment of sum or sums for said work or any materials furnished therefore. g. Plan Check Fees and Additional Costs. It is further understood and agreed by Developer that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the Street Improvements plans and installation of the Street Improvements described above, as required by City and approved by the City Engineer shall be paid by the Developer, and the Developer shall deposit, prior to recordation Final Maps, with City a sum of money sufficient to cover said cost. 6. Condition No. 5 of Resolution 2000-310 (ADA Compliance) In satisfaction of Condition No. 5 of Resolution 2000-310, the Developer agrees to construct sidewalks and pedestrian ramps on all walkways to meet "Americans with Disabilities Act" standards and as approved by the City Engineer. Developer understands and 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, alt such approvals conflicting with those standards be updated to reflect those standards and that unless otherwise required by federal law, City ADA standards may be considered vested, as determined by Federal regulations, only after construction has Commenced, 7. Condition No. 9 of Resolution 2000-310 (Off-site Rights of Way). In satisfaction of Condition No.9 of Resolution 2000-310, the Developer agrees to grant an Irrevocable Offer to Dedicate (IOD) to the City of Chula Vista for all the off- site Right of Way necessary for the installation of required street improvements at the request and to the satisfaction of the City Engineer but in no event later than City approval of the first final map for the Eastlake III development as identified in fig. 3-2 of EIR #01-01. 8. Condition No.10 of Resolution 2000-3'10 (Off-site Rights of Way). In satisfaction of Condition No.10 of Resolution 2000-310 the Developer agrees to notify the City at least 60 days prior to City Council consideration of the affected final map for the EastLake I11 development, if off-site right-of-way cannot be obtained as required above (Only off.-site right-of-way or easements affected by Section 66462.5 ofthe Subdivision Map Act are covered by this condition). ,&tier said notification and prior to the approval of the affected final map, the developer shall: a. Pay the full cost of acquiring off-site right-of-way or easements required by the Tentative Map conditions of approval. Developer has posted a $50,000.00 cash bond with the City to be applied to the cost of such acquisition. b. Deposit with the City the estimated cost of acquiring said right-of-way or easements..The amount of the deposit is subject to the approval of the City .- Engineer. c. Prepare and submit all easement and/or right-of-way documents, plats and appraisals necessary to commence condemnation proceedings. if the developer so requests, the City may use its power of eminent domain to acquire right-of-way, easements or licenses needed for off-site improvements or work related to the tentative map. The developer shall pay all costs, both direct and indirect incurred in said acquisition. If the City does not acquire or commence proceedings for immediate possession of the property within the 120 day time limitation specified in Section 66462.5 of the State Subdivision Map Act, the condition to construct the related off-site improvements, which fall under the purview of the above mentioned Section of the Subdivision Map Act, is waived. 9. Condition No. 11 of Resolution 2000-310 (Temporary Turnaround). In satisfaction of Condition No. 11 of Resolution 2000-310, the Developer agrees to construct a temporary turnaround or street improvements at the end of temporarily stubbed streets greater than 150 ft. in length (as measured from the nearest centerline intersection) and provide the City an easement for any such improvements upon request and as determined necessary by the City Engineer and Fire Marshal. 10. Condition No. 12 of Resolution 2000-310 (Deceleration Lane). In satisfaction on condition No. 12 of Resolution 2000-310 Developer agrees to provide an interim eastbound deceleration lane along Otay Lakes Road for the entrance to park site (P-3) concurrent with the completion of P-3 if the ultimate south half-street improvements for Otay Lakes Road are not completed at that time. Developer further agrees to, upon request and to the satisfaction of the City Engineer, provide security for such improvement in an amount to be determined by the City. 11. Condition No. 13 of Resolution 2000-310 (Traffic Signal). In satisfaction of Condition No. 13 of Resolution 2000-310, the Developer agrees to provide intedm traffic control devices, as required by and upon the request of the City Engineer, to detour pedestrian traffic to the nearest street crossing if a signalized pedestrian crossing is not available when the greenbelt trail is completed and connected to Otay Lakes ,Road and Olympic Parkway. 12. Condition No. 15 of Resolution 2000-310 (Street Lights). In satisfaction of Condition No. 15 of Resolution 2000-310, the Developer agrees to install, to the satisfaction of the City Engineer, streetlights on traffic signal poles at the intersections of Hunte Parkway with King Creek Way. If a traffic signal is not required at this intersection, Developer agrees to install standard street lighting fixtures. '- 13.~ Condition No. 16 of Resolution 2000-310 (Signal Equipment). In satisfaction of Condition No. 16 of Resolution 2000-310, the Developer agrees to design and construct underground traffic signal equipment and traffic signal standards at the locations determined by the City Engineer. 14. Condition No. 28 of Resolution 2000-310 (FEMA). In satisfaction of Condition No. 28 of Resolution 2000-310, the Developer agrees to request that the Federal Emergency Management Agency (FEMA) revise the effective Flood Insurance Rate Map (FIRM) and Flood Insurance Study (FIS) repor~ for the Salt Creek area influenced by the Eastlake Trails Development, all at its own expense, without any cost to the City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer. Developer further agrees to complete said revision by 12/19/01. The City Engineer, in his/her sole discretion, may extend the date for completion of the revision up to one (1) year provided that Developer, in the opinion of the City Engineer, has diligently pursued completion of this revision. Developer shall conform to and abide by all of the provisions of the ordinances, standards and policies of the City of Chula Vista, the laws of the State of California and federal law as applicable to said work. 15. Condition No. 33 of Resolution 2000-310 (Letters or Permission). In satisfaction of Condition No. 33 of Resolution 2000-310, the Developer agrees to obtain notarized let[ers of permission for all off-site grading work prior to issuance of grading permit for work requiring said off-site grading. 16. Condition No, 36 of Resolution 2000-310 (Erosion). In satisfaction of Condition No. 36 of Resolution 2000-310, the Developer agrees to hold the City harmless from any liability from erosion, siltation or increase in flow of drainage resulting from this Project. 17. Condition No. 45 of Resolution 2000-310 (Pump Upgrade). In satisfaction of Condition No. 45 of Resolution 2000-310, the Developer agrees to provide for the costs associated with the maintenance and the potential upgrading of the sewer pump station located at 2660 Otay Lakes Road in accordance with the agreement between the City, Pacific Bay Homes and The Eastlake Company, dated January 20, 1998. 1 $. Condition No. 46 of Resolution 2000-310 (Pump Maintenance). In satisfaction of Condition No. 46 of Resolution 2000-310, the Developer agrees that If a new pump station(s), or the upgrade of an existing pump station(s), is proposed to accommodate additional sewage flows from the proposed Project, the Developer shall provide a sewage capacity study when such facility(s) are proposed in accordance with City of Chula Vista Policy Number 570-03 (Sewage Pump Station Financing Policy). 19. Condition No. 49 of Resolution 2000-310 (Bldg. Permits). In satisfaction of Condition No. 49 of Resolution 2000-310, the Developer agrees as follows: a) That the City may withhold building permits for the subject subdivision if any one of the following occur: I. Regional development threshold limits set by the East Chu[a 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. 2. Traffqc volumes, levels of service, public utilities and/or services either exceed the adopted City threshold standards or fait to comply with the then effective Growth Management Ordinance and Growth Management Program and any amendments thereto.. Public utilities shall include, but not be limited to, air quality, drainage, sewer and water. 3. The required public facilities, as identified in the EastLake Trails PFFP or otherwise conditioned have not been completed or constructed to satisfaction of the City. The developer may propose changes in the timing and sequencing of development and the construction of improvements affected. In such case, the EastLake Trails PFFP may be amended as approved by the Director of Planning and Building and Director of Public Works. b) to defend, indemnify and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees, to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Council or any approval by its agents, officers, or employees with regard to this subdivision pursuant to Section 66499.37 of the State Map Act provided the City promptly notifies the subdivider of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. c) to permit all cable television companies franchised by the City of Chula Vista equal op.~ortunity to place conduit to and provide cable television service for each lot or unit within the Tentative Map area. Developer fu~her agrees to grant, by license or easement, and for the benefit of, and to be enforceable by, the City of Chula Vista, conditional access to cable television conduit within the properties situated within the final map only to those cable television companies franchised by the City of Chula Vista the condition of such grant being that (a) such access is coordinated with Developer's construction schedule so that it does not delay or impede Developer's construction schedule and does not require the trenches to be reopened to accommodate that placement of such conduits; and (b) any such cable :_ company is and remains in compliance with, and promises to remain in compliance with the terms and conditions of the franchise and 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 Ohula Vista. Developer hereby conveys to the City of Chula Vista the authority to enforce said covenant by such remedies as the City determines appropriate, including revocation of said grant upon determination by the City of Chula Vista that they have violated the conditions of grant. d) to not protest formation of a district for the maintenance of the drainage channel in Salt Creek or for the maintenance of landscaped medians, open space, and parkways along streets within and adjacent to the subdivision. e) to comply with the provisions of the City-wide Parks Master Plan when it is adopted. 20. Condition No. 50 of Resolution 2000-310 (Affordable Housing). In satisfaction of Condition No. 50 of Resolution 2000-310, the Developer agrees to, within 60 days of approval of this Agreement, enter into an agreement or, if applicable, amend it's Agreement with the City to provide affordable housing units as specified in the adopted Eastlake Comprehensive Affordable Housing Program. 2'1. Condition No. 53 of Resolution 2000-3'10 (Open Space Landscaping). In satisfaction of Condition No. 53 of Resolution 2000-3'10, the Developer agrees to conform to the design elements of the Oity's Landscape Manual for all landscaping which falls within the maintenance responsibility of the Homeowners Association unless otherwise approved by the Director of Planning and Building and provide security for Landscape and irrigation plans as follows: a) Bonding i. Developer agrees to furnish and deliver to the City, simultaneously with the execution of this Agreement, and to thereafter maintain until City acceptance of the work referenced herein, an approved improvement security from a sufficient surety (A.M. Best's rating of A, V or better), whose sufficiency and form have been approved by the C!ity Attorney in the sums as set forth on Exhibit "C", which security ]] shall guarantee Lh~ faithful performance in connection with the installation of the Landscape and irrigation Improvements as shown on Exhibit "C". ii Developer agrees to furnish and deliver to the City simultaneously with the execution of the Agreement, and to thereafter maintain until City acceptance of the work referenced herein, an approved improvement security from a sufficient surety (A.M. Best's rating cfA, V or better), whose sufficiency and form have been approved by the City Attorney in the sums as set forth on Exhibit "C", to secure the payment of material and labor in connection with the installation of said Landscape and Irrigation Imporvements. iii Developer acknowledges and agrees that if the Landscape and Irrigation Imporvements are not completed within the time agreed herein, the sums provided by said Landscape and Irrigation tmporvements securities may be used by City for the completion of the Improvements in accordance with those preliminary plans and specifications contained on Exhibit "C", and in accordance with the plans to be approved by the City of San Diego and the City of Chula Vista. Upon certification of completion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to the Developer, or its successors in interest, pursuant to the terms of the Landscape and Irrigation Imporvements security. Developer agrees to pay to the City any difference between the total costs incurred to perform the work, including limited and reasonable design and administration of construction in substantial conformance with the approved plans (including a reasonable allocation of overhead), and any proceeds from the improvement security. b) Developer's Costs and Expenses. It is also expressly agreed and understood by the parties hereto that in no case will the City, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall the City or the City's officer, sureties or bondsmen, be liable for the payment of sum or sums for said work or any materials furnished therefore. c) Plan Check Fees and Additional Costs. It is further understood and agreed by Developer that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the Landscape and Irrigation Imporvements plans and installation of Improvements described above, as required by City and approved by the City Engineer shall be paid by the Developer, and the Developer shall deposit, prior to recordation Final Maps, with City a sum of money sufficient to cover said cost. 22. Condition No. 56 of Resolution 2000-310 (Public Maintenance Agreement). in satisfaction of Condition No. 56 of Resolution 2000-310, the Developer agrees to, within sixty (60) days from Council approval of this Agreement, enter into or amend a maintenance agreement and grant easements as necessary for landscaping maintained by a Home Owner's Association within City right-of-way or such other .~ areas required by the City. 23. Condition No. 57 of Resolution 2000-310 (Private Utilities). In satisfaction of Condition No. 57 of Resolution 2000-310, the Developer agrees to not install privately owned water, reclaimed water, or other utilities crossing any public street and that this shall include the prohibition of the installation of sleeves for future construction of privately owned facilities. The City Engineer may waive this requirement if the following is accomplished: a. The developer enters into an agreement with the City where the developer agrees to the following: 1. Apply for an encroachment permit for installation of the private facilities within the public right-of-way. 2. Maintain membership in an advance notice such as the USA Dig Alert Service. 3.Mark out any private facilities owned by the developer whenever work is performed in the area. 4. The terms of this agreement shall be binding upon the successors and assigns of the developer. b. Shutoff devices as determined by the City Engineer are provided at those locations where private facilities traverse public streets 24. Condition No. 63 of Resolution 2000-310 (Open Space Walls). In satisfaction of Condition No. 63 of Resolution 2000-310, the Developer agrees that walls which are located within open space shall have owners of adjoining lots sign a statement when purchasing their homes that they are aware that the wall is on Open Space property and that they may not modify or supplement the wall or encroach onto Open Space property. ].3 25. Condition No. 64 of Resolution 2000-310 (Park Master Plan). tn satisfaction of Condition No. 64 of Resolution 2000-3 i0, the Developer agrees to prepare, submit and obtain the approval from the Director of Parks and Recreation for the Project's Community Park Master Plan (P-1 and P-3.) prior to the issuance of the 600th building permit of the Eastlake Trails Development as shown on the Tentative Map for Eastlake Trails C.V.T. 99-03, approved by City Council on May 4, 1999 by Resolution 19447. The Developer further agrees that the Community Park Master Plan shall include facilities and amenities prescribed in the forthcoming City-wide Parks Master Plan as adopted by City Council. The Developer further agrees that in the event that the forthcoming City-wide Parks Master Plan is not adopted before the community park design begins, the Director of Parks and Recreation shall determine the appropriate park facilities for the community park. 26. Condition No. 65 of Resolution 2000-310 (Landscape and Irrigation Plan). In satisfaction of Condition No. 65 of Resolution 2000-310, the Developer agrees as follows: a) ~o within 30 days of City Council approval of this agreement, prepare, submit and obtain approval by the Director of Planning and Building for detailed Iandscape and irrigation plans, including water management guidelines in accordance with the Chu[a Vista Landscape Manual and Section 11.4, Design Guidelines, of the Eastlake Trails SPA for the associated landscaped areas, Developer further agrees if Poplus species trees are incorporated in the Eastlake Trails Landscape theme, appropriate installation methods acceptable to the Director of Planning and Building shall be prescribed in the landscape improvement Plans, b) Bonding i. Developer agrees to furnish and deliver to the City, simultaneously with the execution of this Agreement, and to thereafter maintain until City acceptance of the work referenced herein, an approved improvement security from a sufficient surety (A.M. Best's rating of A, V or better), whose sufficiency and form have been approved bythe City Attorney in the sums as set forth on Exhibit "C", which security shall guarantee the faithful performance in connection with the installation of the Landscape and Irrigation improvements as shown on Exhibit "C". ii. Developer agrees to furnish and deliver to the City simultaneously with the execution of the Agreement, and to thereafter maintain until City acceptance of the work referenced herein, an approved improvement security from a sufficient surety (A.M. Best's rating of A, V or better), whose sufficiency and form have been approved by the City Attorney in the sums as set forth on Exhibit "C", to secure the payment of material and labor in connection with the installation of said Landscape and irrigation improvements. iii. Developer acknowledges and agrees that if the Landscape and Irrigation improvements are not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the Landscape and Irrigation improvements in accordance with those preliminary plans and specifications contained on Exhibit "C", and in accordance with the _ plans to be approved by the City of San Diego and the City of Chula Vista. Upon certification of completion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to the Developer, or its successors in interest, pursuant to the terms of the improvement security. Developer agrees to pay to the City any difference between the total costs incurred to perform the work, including limited and reasonable design and administration of construction in substantial conformance with the approved plans (including a reasonable allocation of overhead), and any proceeds from the improvement security. c) Developer's Costs and Expenses. It is also expressly agreed and understood by the parties hereto that in no case will the City, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall the City or the City's officer, sureties or bondsmen, be liable for the payment of sum or sums for said work or any materials furnished therefore. d) Plan Check Fees and Additional Costs. It is further understood and agreed by Developer that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the Landscape and Irrigation lmporvements plans and installation of Landscape and Irrigation improvements described above, as required by City and approved by the City Engineer shall be paid by the Developer, and the Developer shall deposit, prior to recordation Final Maps, with City a sum of money sufficient to cover said cost. 27. Condition No. 67 of Resolution 2000-310 (Relocate Utilities). In satisfaction of ConditiOn No. 67 of Resolution 2000-310, the Developer agrees to relocate at Developers own expense, the necessary above and underground utilities serving individual homes to accommodate the required street trees with the street tree planting easement if determined necessary by the City Engineer. 2S. Condition No. 77 and 78 of Resolution 2000-310 ("As-Built"). In satisfaction of Condition No. 77 and 78 of Resolution 2000-310, the Developer agrees to submit "as-built" improvement and grading plans as required by the city Subdivision Manual and to provide the City said plans in digital D.X.F. file format. 29. Condition No. 84 of Resolution 2000-310 (Water Conservation). In satisfaction of Condition No. 84 of Resolution 2000-310, the Developer agrees to modify the Eastlake Trails Water Conservation Plan to incorporate all new water conservation policies adopted by the City Council and further agrees to Comply and remain in _ compliance with said policies once they are adopted. 30. Condition No. 86 of Resolution 2000-310 (Street Sweeping). In satisfaction of Condition No. 86 of Resolution 2000-310, the Developer agrees to contract with the City's current street sweeping franchisee, or other server approved by the Director of Public Works to provide street sweeping for each phase of development on a frequency and level of se,vice comparable to that provided for similar areas of the City. -i-he developer shall cause street sweeping to commence immediately after the final residence, in each phase, is occupied and shall continue sweeping until such time that The City has accepted the street or sixty days after completion of all punch Iist items, whichever is shorter. The developer further agrees to provide the City Conservation Coordinator with a copy of the memo requesting street sweeping service, which memo shall include a map of areas to be swept and the date the sweeping will begin. 31. Condition No. 87 of Resolution 2000-310 (Brush Clearance). In satisfaction of Condition No. 87' of Resolution 2000-310, the Developer agrees upon request of the Fire Marshal, to provide the Initial Cycle of Fire management/brush clearance within- lots adjacent to natural open space areas subject to approval by the Fire Marshal and Director of Planning and Building. 32. Condition No. 88 of Resolution 2000-310 (Fire Hydrants). In satisfaction of Condition No. 88 of Resolution 2000-310, the Developer agrees to install and make operable the hydrants and 20-foot wide fire access roads prior to delivery of combustible building materials. 33. Condition No, 91 of Resolution 2000-310 (Mi.tigation Plan). In partia! satisfaction of Condition No. 91 of Resolution 2000-310, the Developer agrees to, on or before March 26, 2001 prepare, submit and obtain approval by the Environmental Review Coordinator for a detailed mitigation plan for the creation and enhancement of riparian vegetation within Salt Creek corridor, in accordance with the CDFG 1603 Streambed Alteration Agreement no. 5-181-98, as amended 6-7-00. 34. Condition No. 92 and 99 of Resolution 2000-310 (Noise Study). In satisfaction of Conditions No. 92 and 99 of Resolution 2000-310, the Developer agrees to provide a noise study prior to issuance of the first building permit to identify noise impacts generated by surrounding streets and determine the necessary mitigation measures to insure that all dwelling units will be designed and constructed to preclude interior noise levels over 45 dBA. Developer further agrees to implement all mitigation measures recommended in the noise studies for compliance with interior noise levels over z~5 dBA and existing noise exposure over 65 dBA. Condition No. 95 of Resolution 2000-310 (Map Act). In satisfaction of Condition No. 95 of Resolution 2000-310, the Developer agrees to comply with all applicable sections of the Chula Vista Municipal Code. Preparation of the final map and all plans shall be in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual. 36. Condition No. 96 of Resolution 2000-310 (Under grounding Utilities). satisfaction of Condition No. 96 of Resolution 2000-310 the Developer agrees to underground all utilities within the subdivision in accordance with Municipal Code requirements. 37. Condition No. 97 of Resolution 2000-310 (Fees). In satisfaction of Condition No. 97 of ResoIution 2000-310, the Developer agrees to Pay ail applicable fees in accordance with the City Code and Council Policy, including, but not limited to, the following: a. The Transportation and Public Facilities Development Impact Fees. b. Signal Participation Fees. c. Ali applicable sewer fees, including but not limited to sewer connection fees. d. SR-125 impact fee. e. Telegraph Canyon Pump Sewer Fee. f. Salt Creek Sewer Basin Fee 38. Condition No. 98 of Resolution 2000-310. In satisfaction of Condition No, 98 of Resolution 2000-310, 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 demonstration said compliance as required by the City Engineer. 39. Condition No. 100 of Resolution 2000-310 (Urban Runoff'). In satisfaction of Condition No. 100 of Resolution 2000-310, the Developer agrees to comply with all applicable regulations established by the United States Environmental Protection Agency (USEPA) as set forth in the National Pollutant Discharge Elimination System (N.P.D.E.S.) permit requirements for urban runoff and storm water discharge and any regulations adopted by the City of Chula Vista pursuant to the N.P.D.E.S. regulations or requirements. 40. Condition No. 101 of Resolution 2000-310 (Work within Salt Creek). In : satisfaction of Condition No. 101 of Resolution 2000-310, the Developer agrees to comply with applicable Chula Vista Municipal Code Sections for any work proposed within the watercourse and floodplain of Salt Creek. 41. Condition No. 102 of Resolution 2000-310 (Notice of special taxes). In satisfaction of Condition No. 102 of Resolution 2000-310, the 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 ensure that prospective purchasers sign a "Notice of Special Taxes and Assessments" assessments. 42. Satisfaction of Conditions. City agrees that the execution of this Agreement constitutes satisfaction or partial satisfaction of Developer's obligation for this Project of Conditions B,C,D, 2, 5, 9, 10, 11, 12, 13, 14, 15, 16, 28, 33, 36, 45, 46, 49, 50, 53, 56, 57, 63, 64, 65, 67, 77, 78, 84, 86, 87, 88, 91,92, 95, 96, 97, 98, 99, 100, 101 and 102 of Resolution 2000-310 for the Eastlake Trails Project. 43. Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned, that Developer shall comply with all unfulfilled conditions of approval of the EastLake Trails, Chula Vista Tract No. 00-03 Tentative Map (adopted by Resolution 2000-310) and shall remain in compliance with and implement the terms, conditions and provisions of the Resolution. 44. Recording. This Agreement, or an abstract hereof prepared by either or both parties, may be recorded by either party. 45. Assignability. Upon request of the Developer, 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 Attomey. 46. Building Permits. Developer understands and agrees that the City may withhold the issuance of building permits for the Project, should the Developer be determined by the City to be in breach of any of the terms of this Agreement. The City shall provide the Developer of notice of such determination and allow the Developer with reasonable time to cure said breach. 47. 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 duty 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 wriEen notice of such change to the other party. CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 Attn: Director of Public Works Developer: The Eastlake Company 900 Lane Avenue, Suite 100 Chula Vista, California 91914 At-tn: Curt Smith A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided in this paragraph. b. Captions. Captions in this Agreement are inserted for convenience of reference and do not define, describe or limit the scope or intent of this Agreement or any of its terms. c. Entire Agreement. This Agreement contains the entire agreement between the parties regarding the subject matter hereof. Any prior oral or written representations, agreements, understandings, and/or statements shall be of no force and effect. This Agreement is not intended to supersede or amend any other agreement between the parties unless expressly noted. d. Preparation of Agreement. No inference, assumption or presumption shall be drawn from the fact that a party or his attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation and/or drafting this Agreement. e. Recitals; Exhibits. Any recitals set forth above and exhibits referenced herein are incorporated by reference into this Agreement. f. Attorneys' Fees. If either party commences litigation for the judicial interpretation, reformation, 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 SIGNATURE PAGE) SIGNATURE PAGE TO SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT EASTLAKE TRAILS NEIGHBORHOODS TN-5 & TN-6 CHULA VISTA TRACT NO. 00-03 IN WITNESS WHEREOF, the par~ies hereto have caused this Agreement to be executed the day and year first hereinabove set forth. THE CITYOFCHULAVISTA THE EASTLAKE COMPANY, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY B;,:. B:,: //' Mayor of the City of Chula Vista ~' ~Witliam T. Ostreh~ Its: President ATTEST By: City Clerk Cu~ Smith Its: Vice President Approved as to form by City- At~F~._./ ' ,~ (Attach Notary Acknowledgment) HSHOME',ENGIN~ER~ANDDEV',TRAILS NOP, Ti-ES-6~TNO56F SSIA-4.DOC STATE OF C.CL~OR.Nrr_K ) ) SS. COU_~TY OF S.~N D~GO ) Ont~s /~"~ d~yof_ ~~k/ ,20~/~beforeme, ~//~/~ ~;.//~ ~ ~ , a Not~ Public ~ ~d for said State, p~rsonally appe~ed/~/~ ~7~ e ~5/~F~/~ff , pemon~!y ~o~m to me (or pro,ed to me on ~e b~is of safishcto~ e~dence) to be the perso~hose n~e~s/~e~ubschbea tm~he witUn ~s~ent md ac~owledged to me that he/she~&xecuted the sine ~ ~s&er/~au~ofized capaci,~ ~d ~at by s~a~'on ~e ~s~ent the person[~j or the entiW upon behalf ofw~ch ~e perso~; acted, executed ~e ~ent. ~SS my hand ~d oz~ciaI seal. COMM. NOT~ ~ ~ OCTOBER NOT~Y P~LIC List of Exhibits Exhibit "A" Legal Description Exhibit "B" Plat of Property Exhibit "C" Bond Table EXHIBIT "A" LEGAL DESCR!PTION Tt-~E LAND REFEP. P~ED TO HEREIN iS SITUATED IN THE STAGE OF CALIFOP-_X:IA, COL~TY OF SAN DIEGO. AND iS DESCRIBED AS FOLLO\VS: LOTS i THROUGH ; TOGETHER \V]TH LOTS "A" THROUGH "~" OF .'~_A.P No. FILED ~ THE OFFICE OF THE CO~.2N'TY OF SAN DTEGO2 ON 23 EXHIBIT "C" REQUIRED BONDING FOR EASTLAKE TRAILS NORTH No Description Bond Dwg. Nos. Bond '- Amount ' Number Improvemen'.s a~ong Hunt Parkway from Okoy Lakes $20,500.00- ML :~ Rd. to Na%'~ Greensview S20.509.00 - FP 88-03 929147214 (condi~on no. 2a) Otay Lakes Rd. Full Width 2 Widenin~ along Frontage S1,792,500.0g ' ~ML of TN. $1,792,500.00 ' -FP N,'A 929147212 (condition no. 2b) Salt Creek Trunk Sewer INCLUDBD IN BOND 3 X-in.o gray Lakes Rd. FOR OTAY LAKES R~ N/A 929147212 ,, intersemon of Hunte S53.0D0.00 '~ parkwa~ an-- O:ay Lakes S53.0D0.00 "-FP 01010-01-,32. 929147213 Bond refiec~.s 200% of the eng. Bond esdmate ** Bond reflec~ 150% of the eng. Bond estimate ML - ~ond for Mateda] and Labor FP - Bond for Faithful Pe,'forman~ (TN5 & TN6) TH]E CITY OF CI4'ULA VISTA DISCLOSLqRJE STATE.'¥IENT Pursuant to Council Policy i0!-01, prior to an,>' action upon maxers which will requLre discretiona? action by tins Counzih P!amnJng Co.'r22ssion and al! ofiner offizial bodies of the CID'. a statement of disclosure of certain ownership or financial interests, pa>~snts, or cm'np~Tn contributions for a CiD' of Chu!a Vista election must be filed. The following info:Tnation must be disclosed: i. List fine names of all persons having a financial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. The EastLake Company, LLC 2. ~f~ypers~n*ide~edpursuantt~(~)ab~ve~ac~rati~n~rparmersh~istthenames~fa~individualswith a$tOOO~vestmem~thebusiness(co¢oratio~parmership) enti~. Boswell Properties, Inc. The Tula~o Company 3. If any person* idensfied pursuant to (1) above is a non-profit orgsm, ization or trust, list the names of any person sen'Lng as director of the non-profit organization or as t~"astee or beneficiary or t~mstor of the trast. 4. Pleaseidenri~eveU person, including ~yagenm, employees, co~tanm, orindependentconmactorsyouhave asM=~-nedtor~resemyoube~re theCi~ ~th2s manet? Curt Smith-The EastLake Company, LLC Bill 0strem- The BastLake Company, LLC Mar'wan Younis-May Group, Inc. 5. Has any person* associated with this contract had any financial dealings with an official** of the City of Chula Vista as it relates to this contract within the past 12 months. Yes'__ No X i£ '~ ~s. briery aes~noe me nature o: me .nan_.a m.~.~s, the om~,=, ma)' have in ~is =on:tact? 6. Have you made a contribution of more than $250 within the past t~velve (12) months to a current member of the Chula Vista City Council? No X__ Yes __ if yes, which Council member? 7. Have you or any member of your governing board (i.e. Corporate Board of Directors/Executives, non-profit Board of Directors made contributions totaling more than $1,000 over the past four (4) years to a current member of the Chula Vista City Council? Yes No X If Yes, which Comnzil member? 8. Have you provided more than $300 (or an kem of equivalent value) to an official** of the City of Chula Vista in the past twelve (12) months? (This includes being a sou.r?, of income, money to retire a legal debt, gift, loan, etc.) Yes No X if Yes, wi:rich official~* and what was the nature of item provided? Date: Januaz'~ 23, 2001 ~i'~gnanfren~ C ontract~r/Applicant Curt Smith Print or type name of.Contractor/Applicant Person i~ defined ~s: My individual, f~, c~p~ers~p, jo~ ve~e, ~soc~tion, soci~ club, ~atem~ organization, co~en, es~e, ~, remiver, ~cm~, ~y o~er co~3', ciw, mmcip~w, ~s~ict, or o~er politic~ sub~v~ion, ~y o~er ~o~ or co~fion ~g ~ a ~t. Offic~ ~ludes, bm ~ not limited to: Mayor, Co~c~ member, Planning Commissioner, Mem~r of a bo~d, COmmisSiOn, or commi~e of ~e Ci~', e~Noyee, or s~ff members. E×HiBi-[' (-.~ ~ GRANTDEED Recording Requested by and please return to: City Clerk City of Chula Vista P.O. Box 1087 Chula Vista, CA 91912 CiO, only. no/ax n. quired Tax A.P.N.: 595-080-032 (This space for Recorder's use only) IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Eastlake Co., L.L.C., a California Limited Liability Company, represent that, as the owner(s) of the herein described real property, (in the case of multiple owners, collectively referred to as "Grantor"), hereby makes an Irrevocable Offer of Dedication of the herein described real property for the following public purpose: street right-of-way. 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 in Exhibits "A" and "B". This Offer of Dedication is made pursuant to Section 7050 of the 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 may be terminated and the right to accept such offer abandoned in the same manner as is prescribed for the vacation of streets or highways by Part 3 of Division 9 or Chapter 2 of Division 2 of the Streets and Highways Code of the State of California, whichever is applicable. Such termination and abandonment may be made by the City Council of the City of Chula Vista. This Offer of Dedication shall be irrevocable and shall be finding of the Grantor, its heirs, executors, adminis~'ators and assigns. SIGNATURE PAGE This 21~t .day of February 2001 EASTLAKE CO. L.L.C., A California Limited Liability Company It's: Vice President NOTARY ACKNOWLEDGMENT: State of California SS. County of -~,4~/ d.-%/~ (5 On ~K'~.~'~tl,St, ,~?,,~, ~ [ ~D~'[, before me, ~2)~'~j/.5~. /~]. ~/~ ~RTm~y Pa~O personally appe~ed ~ g ~ ~ ~ ? ~ , ~ personally ~own to me ~' proved to me on ~e b~is of satisfacto~ evidence to be ~e person~ whose nme~ are subscribed to the wi~ ~s~ment ~d ac~owledged to ~ that ~/she/~ey executed ~e sine ~eff~e~ au~orized capaciW~, ~d that by Oer/~ek ~ signamre~on the ~s~ent ~e person, or the entiw upon behalf of which fie person~acted, executed ~e hs~ent. ~ESS my h~d ~d official seal. "ACCEPTANCE" This is to certify that the interest in real property offered herein to the City of Chula Vista, a gover~2m~nt agency, is hereby accepted by the undersigned, City Cleric, on behalf of the Chula Vista City Council pursuant to authority conferred by Resolution No. of the Chula Vista City Council adopted on , and the grantee(s) consent(s) to the recordation thereof by its duly authorized officer. CITY CLERK FOR THE CITY OF CHULA VISTA Dat~: EXHIBIT" A" LEGAL DESCRIPTION IRREVOCABLE OFFER OF DEDICATION IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA THAT PORTION OF THE UNSURVEYED REMAINDER PARCEL OF PARCEL MAP NO. 17874 ACCORDING TO MAP FILED IN THE OFFICE OF THE COUNTY IR.ECORDER OF SAID COUNTY JULY 3, 1997 AS FILE NO. 1997-0316060 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: PARCEL A BEGINNING AT THE MOST WESTERLY CORJqER OF SAID REMAINDER PARCEL, SAID POINT BEING IN THE NORTHEASTERLY LINE OF OTAY LAKES ROAD CONVEYED AS AN EASEMENT FOR SEWER, DRAINAGE AND STREET PURPOSES RECORDED 11/28/90 AS FILE NO. 90-634654, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID REMAINDER PARCEL AND SAID NORTHEASTERLY LINE, SOUTH 44°58'59" EAST (RECORDED AS SOUTH 45°19'44" EAST) 167.65 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 88.00 FEET: THENCE CONTINUING ALONG SAID SOUTHWESTERLY AND NORTHEASTERLY LINE, SOUTIIEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 08°38'45" 13.28 FEET TO A POINT THROUGH WHICH A RADIAL LINE BEARS NORTH 53°19'24" EAST, SAID PONT BEING IN A LINE PARALLEL WITH AND CONCENTRIC TO AND DISTANT NORTHEASTERLY 66.00 FEET MEASURED AT RIGHT ANGLES FROM THE CENTERLINE OF OTAY LAKES ROAD ACCORDING TO PARCEL MAP NO. 18211 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY FEBRUARY 26, 1999 AS FILE NO. 1999-0121253 OF OFFICIAL RECORDS, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID PARALLEL LINE, SOUTH 45°19'20" EAST 58.93 FEET TO THE BEGINNING OF TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 1934.00 FEET; THENCE CONTINUING ALONG SAID CONCENTRIC LINE, SOUTHEASTERLY ON THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 32°I8'16" 1090A3 FEET; THENCE CONTINUING ALONG SAID PARALLEL LINE, SOUTH 77°37'37'' EAST 120.0 FEET MORE OR LESS TO A POINT IN THE EASTERLY LINE OF SAID UNSURVEYED REMAINDER PARCEL THENCE I,EAVING SAID PAKALLEL LINE, ALONG SAID EASTERLY LINE, SOUTH AND EAST 12.0 FEET MORE OR LESS TO A POINT IN THE SOUTHWESTERLY LINE OF SAID UNSURVEYED REMAINDER PARCEL, SAIL) POINT BEING IN THE NORTHEASTERLY LINE OF THE -AFOREMENTIONED OTAY LAKES ROAD, BOTH ACCORDING TO SAID PARCEL MAP NO. 17874; THENCE ALONO SAID SOUTHWESTERLy AND NORTHEASTERLY LINE, NORTH 77°37'37" WEST (RECORDED AS SOUTH 77°38'00'' EAST) 125.0 FEET MORE OR LESS TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A KAD1US OF 1946.00 FEET; THENCE CONTINUING ALONG SAID SOUTHWESTERLY AND NORTHEASTERLY I.INE ON THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 32°18' 16" 1097,19 FEET; THENCE CONTINUING ALONG SAID SOUTHWESTERLY AND NOKTHEASTERLY LINE, NORTH 45°19'21'' WEST (RECORDED AS SOUTH 45°19'44'' EAST) 9.81 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 68.00 FEET: THENCE CONTINUING ALONG SAID SOUTHWESTERLY AND NORTHEASTERLY LINE, NORTHWESTERLY ON THE ARC OF SAID CURVE TH'ROUGH A CENTPO. L ANGLE OF 23°33'23" 27.96 FEET TO A POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE SOUTIIW]!iSTEILLY HAVING A RADIUS OF 88.00 FEET THROUGH WHICH A RADIAL LINE BEARS SOUTH 68"14'03" WEST; THENCE CONTINUING ALONG SAID SOUTHWESTERLY AND NORTHEASTERLY LINE ON TIlE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14°54'39'' 22.90 FEET TO A POINT THROUGH WHICH A RADIAL LINE BEARS NORTH 53°19'24" EAST, SAID POINT BEING THE TRUE POINT OF BEGINNING; PARCEL B BEGINNINO AT THE CENTERLINE INTERSECTION OF OTAY LAKES ROAD AND HUNTE PARKWAY ACCORDING TO SAID PARCEL MAP NO. 17874; THENCE ALONG THE PROLONGATION OF SAID CENTERLINE OF HUNTE PARKWAY, NORTH 44°40'39" EAST (RECORDED AS NORTH 44°41'00" EAST) 67.00 FEET TO A POINT IN THE AFOILEMENTIONED NORTHEASTERLY LINE OF OTAY LAKES ROAD; THENCE CONTINUING ALONG SAID PROLONGATION, NORTH 44°40'39" EAST 19.00 FEET; THENCE SOUTH 45°19'21" EAST 74.00 FEET TO A POINT IN THE NORTH~hrESTERLY LINE OF 'IHE AFOREMENTIONED UNSURVEYED REMAINDER PARCEL, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 00°19'21'' EAST 28.28 FEET TO A POINT IN A LINE PARALLEL WITI~ AND DISTANT NORTHEASTERLY 66.00 FEET MEASURED AT RIGHT ANGLES FROM THE CENTER_LINE OF OTAY LAKES ROAD ACCORDING TO PARCEL MAP NO. 18211 FILED 1N THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY FEBRUARY 26, 1999 AS FiLE NO. 1999-0121253 OF OFFICIAL RECORDS; THENCE ALONG SAID PARALLEL LINE NORTH 45°19'21" WEST 20.00 FEET; THENCE NORTH 4~.°40'39'' EAST 1.00 FEET TO THE AFOREMENTIONED MOST WESTERLY CORNER OF THE UNSURVEYED REMAINDER PARCEL; THENCE ALONG THE NORTHWESTERLY LINE OF SAID UNSURVEYED REMAINDER PARCEL, NORTH 44040'39" EAST (RECORDED AS NORTH 44°41'00'' EAST) 19.00 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION OF OTAY LAKES ROAD ACCORDING TO MAP NO. 12545 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY JANUARY 26, 1990 AS FILE NO. 90-047108, OFFICIAL RECORDS OF SAID COUNTY. ~XNIE31T "E3" (CITY OF C,:,U~_A VISTA ~'"~ / SEE DETAIL "A" ! BO-CI'OM RIGHT · / / N45'19'20"W L93' P.O.B.I ,, Lc-, t ~ ~ ' y~. ~ Et YLIN~ UNSURVEYED O' ~ REMAINDER PARCEL ~ NC 18217, REC. 2/26/99. ~__.~u ~ 7 '~/ D=OS'3B '~5" ~ 17 '~ , , · 5 .65 "~ . " '~ - ~% / /~ ~ I // ~; k ~ ' , , ~~'~~: / D= 4'54',59'~' ~x~ c,'~O,Oi / L=22.90 ~/ L=27.96 .... ...~/~-- ~-. . __- "~ ,, AR¢cLA / ~AY- 'P 0 B ~;~a~ ~ I , D~TAIL NOT TO SCAL~ RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FINAL MAP OF CHULA VISTA TRACT NO. 00-03, EASTLAKE TRAILS NORTH, NEIGHBORHOODS TN-5 AND TN-6, ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE VARIOUS PUBLIC STREETS, THE ADDITIONAL RIGHT OF WAY FOR OTAY LAKES ROAD ALONG THE FRONTAGE OF THE PROPERTY AND EASEMENTS, ALL AS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, AND ACKNOWLEDGING ON BEHALF OF THE CITY OF CHULA VISTA THE IRREVOCABLE OFFER OF DEDICATION OF FEE INTERESTS OF LOTS 209 AND 210 FOR PUBLIC PARK PURPOSES, AND THE FIVE LETTERED LOTS FOR OPEN SPACE PURPOSES, ALL AS SHOWN ON SAID MAPS WITHIN SAID SUBDIVISION, AND ABANDONING ON BEHALF OF THE CITY OF CHULA VISTA THE ROAD EASEMENT LOCATED ON SAID MAP WITHIN SAID SUBDIVISION, kND ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE IRREVOCABLE OFFER OF DEDICATION OF FEE INTEREST OF THE ADDITIONAL NORTHERLY RIGHT OF WAY FOR OTAY LAKES ROAD, AND APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT NOW, THEREFORE, BE IT RESOLVED that the city Council of the City of Chula Vista hereby finds that that certain map survey entitled Chula Vista Tract NO. 00-03, EASTLAKE TRAILS NORTH NEIGHBORHOODS TN-5 AND TN-6, and more particularly described as follows: Being a subdivision of a portion of Parcel 3 of Parcel Map No. 18211, 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, February 26, 1999 as File No. 1999-0121253 of official Records. Area: 58.088 No. of Lots: 215 Numbered Lots: 210 Lettered Lots: 5 is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted upon receipt by the City of Chula Vista of all improvement securities described in the Subdivision Improvement Agreement. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the public the public streets, to-wit: Secret Canyon Place, Pinto Canyon Lane, Bow Willow Trail Way, Paradise Trail 1 Road, Moonlight Trail Lane, Rockhouse Trail Lane, Meadows Trail Lane, Lighting Trail Lane, Cactus Trail Lane, and the additional right of way for Otay Lakes Road and said streets are hereby declared to be public streets and dedicated to the public use. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City of Chula Vista the 5.50 foot and the 20-foot sidewalk easements as shown on said map within said subdivision. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City of Chula Vista the sidewalk easement within Lots B and E as shown on said map within said subdivision. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City of Chula Vista the 5.50 foot installation and maintenance of tree planting easement as shown on said map within said subdivision. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City of Chula Vista the 10 foot General Utility Easements as shown on said map within said subdivision. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City of Chula Vista the open space, sidewalk, landscape and irrigation easement on Lot "A" as shown on said map within said subdivision. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City of Chula Vista the sewer and storm drain easement within Lots B and E as shown on said map within said subdivision. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City of Chula Vista the visibility easements as shown on said map within said subdivision. BE IT FURTHER RESOLVED that said Council hereby acknowledges on behalf of the City of Chula Vista the irrevocable Offer of Dedication of the Fee Interest of Lots 209 and 210 as shown on said map within said subdivision. BE IT FURTHER RESOLVED that said Council hereby acknowledges on behalf of the City of Chula vista the irrevocable Offer of Dedication of the Fee Interest of five lettered lots as shown on said map within said subdivision. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City of Chula Vista the Irrevocable Offer of Dedication of the fee interest of the northerly right of way for Otay Lakes Road. BE IT FURTHER RESOLVED that said Council hereby abandons the road easement as shown on said map within said subdivision. 2 BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that said public streets are accepted on behalf of the public as therefore stated and that those certain easements for sidewalk, street tree planting, general utility, sewer, storm drain and visibility, as granted thereon and shown on said map within said subdivision are accepted on behalf of the City of Chula Vista as hereinbefore stated. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego only upon the acceptance by the City of Chula Vista and its City Attorney of the improvement securities described in the Subdivision Improvement Agreement. BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement dated the day of 2001 for the completion of improvements in said subdivision, a copy of which is on file in the office of the City Clerk is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by John P. Lippitt, Director of Joh~//i'~.. tl~heny, City _~orney Public Works H:~home~attorney\re$o~ELTRAILS north TN5&6 FM 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 February, 2000, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and THE EASTLAKE COMPANY, 900 Lane Avenue, Suite 100, Chula Vista, CA 91915, 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 EastLake Trails, Neighborhoods TN-5 and TN-6, pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula Vista Municipal Code relating to the filing, approval and recordation of subdivision map; and WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula Vista, Subdivider must have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an alternative thereto, Subdivider shall enter into an agreement with City, secured by an approved improvement security to insure the performance of said work pursuant to the requirements of Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said Council; and --1- WHEREAS, Subdivider is willing in consideration of the approval and recordation of said map by the Council, to enter into this agreemeht 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!ilResolution'No. 2000-310, approved on the 14th day of April, 2000 ~"Tentative Map Resolution"); and WHEREAS, complete plans and specifications for the construction, installation and completion of said public improve- ment work have been prepared and submitted to the City Engineer, as shown on Drawings Nos. 00154-01 through 00154-12 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 Seven Million Two Hundred Thousand Dollars and No Cents ($7,200,000.00). 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. -2- 3. It is expressly understood and agreed that Subdivider will cause all necessary materials to be furnished and all Improvement Work require~ 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 ~!if clearance for utility connections for said buildings or structure~ 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 Million Six Hundred Thousand Dollars and No Cents ($3,600,000.00) which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit "A" and made a part hereof. 7. Subdivider further agrees to furnish and deliver to the City of Chula Vista simultaneously with the execution of this agreement, an approved improvement security from a 'sufficient surety, whose sufficiency has been approved by the City in the sum of Three Million Six Hundred Thousand Dollars and No Cents ($3,600,000.00) 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 Eighteen Thousand Dollars and No Cents ($18,000.00) to secure the installation of monuments, which security is attached hereto, marked Exhibit "C" and made a part hereof. --3-- 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 requirediifor payment thereof, may be released to Subdivider or its successurs in interest, pursuant to the terms of the improvement security. Subdivider agrees to pay to the City any difference between the total costs incurred to perform the work, including design and administration of construction (including a reasonable allocation of overhead), and any proceeds from the improvement security. 10. It is also expressly agreed and understood by the parties hereto that in no case will the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor, except to the limits established by the approved improvement security in accordance with the requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista Municipal Code. 11. It is further understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the Improvement Work plans and installation of Improvement Work hereinabove provided for, and the cost of street signs and street trees as required by City and approved by the City Engineer shall be paid by Subdivider, and that Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money sufficient to cover said cost. 12. It is understood and agreed that until such time as all Improvement Work is fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alleys, easements, water and sewer lines within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by City, Subdivider shall grant to City, by appropriate conveyance, the public improvements constructed --4-- 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, canines of action, liability or loss of any sort, because of or arisin~ out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement; provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. Such indemnification and agreement to hold harmless shall extend to damages to adjacent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a result of the construction of said subdivision and the public improvements as provided herein. It shall also extend to damages resulting from diversion of waters, change in the volume of flow, modification of the velocity of the water, erosion or siltation, or the modification of the point of discharge as the result of the construction and maintenance of drainage systems. The approval of plans providing for any or all of these conditions shall not constitute the assumption by City of any responsibility for such damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of the subdivision pursuant to said approved improvement plans. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (10) years following the acceptance by the City of the improvements. 14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time period provided for in Section 66499.37 of the Government Code of the State of California. 15. Assignability. Upon request of the Subdivider, any or all on-site duties and obligations set forth herein may be assigned to Subdivider's successor in interest if the City Manager in his/her sole discretion determines that such an assignment will not adversely affect the City's interest. The City Manager in his/her sole discretion may, if such assignment is requested, permit a substitution of securities by the successor in interest in place and stead of the original securities described herein so long as such substituted securities meet the criteria for security as set forth elsewhere in this Agreement. Such assignment will be in a form approved by the City Attorney. (NEXT PAGE IS SIGNATURE PAGE) -6- SIGNATURE PAGE TO SUBDIVISION IMPROVEMENT AGREEMENT EASTLAKE TP~AILS, NEIGHBORHOODS TN-5 & TN-6 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 THE EASTLAKE COMP~, LLC Mayor of the City of Chula W~<~am'T. Ostre~, ~resident & CEO Vista ATTEST C~rt Smith, Vice President City Clerk Approved as to form by Cit~ ~r~ey (Attach Notary Acknowledgment) -7- STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) Onthis ,~r~_ d~yof ~'~)/ ,20 ~91 ,beforeme, )~-4//~,i/..-'~.,~r7~ , a Notary Public ih and for said State, personally appeared/;(J/z/_/~r~ ~-, ~¢~,~f,r/* ~',~-'~//~-H , persona~[l.y known to me (or p?ved to me on ~e basis of satishcto~ ehdence) to be ~e perso~s~hose nm~} is~ubscfibed to the witch ~s~ment ~d ac~owledged to me that he/she~ executed th~sme ~ hster/~au~ofized cap aciW~, ~d ~at by hs~er~ si~ature~ on the ~s~ment the person~ or ~e entiW upon behalf of w~ch ~e p erson~ acted, executed ~e ins~ent. ~SS my h~d ~d official se~. ~ ~i~ ~ Si~at~e /~/~-~~ (SEAL) NOT~Y P~LIC LIST OF EXHIBITS Exhibit "A" Improvement Security - Faithful Performance Form: Bonds Amount: $3,600,000.00 Exhibit "B" Improvement Security - Material and Labor: Form: Bonds Amount: $3,600,000.00 Exhibit "C" Improvement Security - Monuments: Form: Bonds Amount: $18, 000.00 Securities approved as to form and amount by U/~~/ U ~ity Attorney Improvement Completion Date: Two (2) years from date of City Council approval of the Subdivision Improvement Agreement. H: \Home~Attorney[SIA~Trails5&6 -8- RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 00-03, EASTLAKE TRAILS NORTH NEIGHBORHOODS TN-S AND TN-6 REQUIRING THE EASTLAKE COMPANY TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTION NO. 2000-310 AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the developer has executed a Supplemental Subdivision Improvement Agreement to satisfy remaining conditions of City Council Resolution No. 2000-310. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby approve the Supplemental Subdivision Improvement Agreement for Chula Vista Tract No. 00-03, Eastlake Trails North Neighborhoods TN-5 and TN-6, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized to execute said Agreement on behalf of the city of Chula vista. Presented by Approved as to form by John P. Lippitt John ~M~. ~aheny Director of Public Works City Attorney [H:/HOME~ATTORNEY/RESO\ssia EL Trails TN-5 & TN6 (January 31,2001 (8:24am)] RECORDING REQUEST BY: City Clerk WHEN RECORDED MAIL TO: CI"FY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 No (~e as this is a transfer tax is 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 CHULA VISTA TRACT NO. 00-03 EASTLAKE TRAILS NEIGHBORHOODS TN-5 & TN-6 (Conditions B,C,D, 2, 5, 9, 10, 11,12, 13, 14, 15, 16, 28, 33, 36, 45, 46, 49, 50, 53, 56, 57, 63, 64, 65, 67, 77, 78, 84, 86, 87, 88, 91, 92, 95, 96, 97, 98, 99, 100, 101 and 102 of Resolution 2000-310 for Chula ,Vista Tract No. 00-03, Eastlake Trails) 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 EASTLAKE COMPANY, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY ("Developer" or "Grantor"), with reference to the facts set forth below, which recitals constitute a part of this Agreement: RECITALS A. This Agreement concerns and affects certain real property located in Chula Vista, California, more particularly described on Exhibit "A" and as shown on Exhibit "B" attached hereto and incorporated herein ("Property"). The Property is referred to as EastLake Trails Neighborhoods TN-5 8, TN-6, Chula Vista Tract No. 00-03 as approved by resolution no. 2000~310. For purposes of this Agreement the term "Project" shall mean "Property". B. Developer is the owner of the Property. C. Developer has applied for and the City has approved a Tentative Subdivision Map commonly referred to as Chula Vista Tract No. 00-03, Eastlake Trails, ("Tentative Subdivision Map")for the subdivision of the Property. D. The City has adopted Resolution 2000-310 ("Resolution") pursuant to which it has approved the Tentative Subdivision Map subject to certain conditions as more particularl~ described in the Resolution. E. City is willing, on the premises, security, terms and conditions herein contained to approve the final map for which Developer has applied ("Final Map") 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 conditions. F. The following defined terms shall have the meaning set forth herein, unless otherwise specifically indicated: "Commence 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. "Complete Construction" means when construction of required improvements has been completed and accepted by the City. NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein contained, the parties agree as set forth below. 1. Agreement Applicable to Subsequent Owners. 1.1 Agreement Binding Upon Successors. This Agreement shall be binding upon and inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Properly until released by the mutual consent of the parties. 1.2 Agreement Runs with the Land. The burden of the covenants contained in this Agreement ("Burden") is for the benefit of the Property and the City, its successors and assigns and any successor in interest thereto. City is deemed the beneficiary of such covenants for and in its own right and for the purposes of protecting the interest of the community and other parties public-or private, in whose favor and for whose benefit of such covenants running with the land have been provided without regard to whether City has been, remained or are owners of any 2 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. a. Developer Release on Guest Builder Assignments. If Developer assigns apy portion of the Project, Developer may have the right to obtain a release of any of I~ eveloper's obligations under this Agreement, provided Developer obtains the prior written consent of the City to such release. Such assignment shall, however, be subject to this Agreement and the Burden of this Agreement shall remain a covenant running with the land. The City shall not withhold its consent to any such request for a release so long as the assignee acknowledges that the Burden of the Agreement runs with the land, assumes the obligations of the Developer under this Agreement, and demonstrates, to the reasonable satisfaction of the City, its ability to perform its obligations under this Agreement as it relates to the portion of the Project which is being acquired by the Assignee. Developer, or their successors in interest, shall improve the Project Site with the Project as described in Tentative Subdivision Map, Chula Vista Tract 00-03 and FSEIR-97-04 and Addendum to EIR-95-04 except as modified by this Resolution. b. Implement Previously Adopted Conditions of Approval Pertinent to Project. Developer agrees, unless other wise conditioned to comply, remain in compliance and implement, the terms, conditions and provisions, as are applicable to the property which is the subject matter of this Tentative Map, of: 1 ) EastLake Trails Master Tentative Map, Chula Vista Tract 99-03, established by Resolution No. 19477 and approved by the City Council on May 4, 1999; 2) The Eastlake II General Development Plan (GDP); 3) Eastlake Trails Sectional Planning Ai~ea (SPA) Plan; 4) Eastlake Trails Planned Community District Regulations; 5) Eastlake Trails Design Guidelines; 6) Eastlake Trails Public Facilities Financing Plan; 7) Eastlake Trails Water Conservation Plan; 8) Eastlake Trails Air Quality Improvement Plan; 9) Eastlake Trails Sub-area Water Master Plan; and 10) Eastlake Trails Waste Water Master Plan, all approved by the Council on November 24, 1999, Resolution No. 19275. 2. Condition "B" of Resolution 2000-310 (CEQA) In satisfaction of condition "B" of Resolution 2000-310, the Developer shall diligently implement, or cause the implementation of all mitigation measures pertaining to the Project identified in the Final Subsequent Environmental Impact Repor~ for the EastLake Trails/Greens Replanning Program, EIR 97-04. Any such measures not satisfied by a specific condition or by the project design shall be implemented to the satisfaction of the Director of Planning and Building. Mitigation Measures shall be monitored via the Mitigation Monitoring Program approved in conjunction with the Mitigated Negative Declarati~l and Addendum. Modification of the sequence of mitigation shall be at the discretion of 'the Director of Planning and Building should changes in the circumstances warrant such revision. Mitigation measures not listed as specific conditions of this Resolution or by the project design are incorporated by reference and shall be implemented to the satisfaction of the Environmental Review Coordinator. 3. Condition "C" of Resolution 2000-310 (Previous Conditions) In satisfaction of Condition "C" of Resolution 2000-310, Developer agrees, unless otherwise conditioned, to comply, remain in compliance and implement, the terms, conditions and provisions, as are applicable to the property which is the subject matter of this Tentative Map, of: 1 ) EastLake Trails Master Tentative Map, Chula Vista Tract 99-03, established by Resolution No. 19477 and approved by the City Council on May 4, 1999; 2) The Eastlake II General Development Plan (GDP); 3) Eastlake Trails Sectional Planning Area (SPA) Plan; 4) Eastlake Trails Planned Community District Regulations; 5) Eastlake Trails Design Guidelines; 6) EastJake Trails Public Facilities Financing Plan; 7) Eastlake Trails Water Conservation Plan; 8) Eastlake Trails Air Quality Improvement Plan; 9) Eastlake Trails Sub-area Water Master Plan; and 10) Eastlake Trails Waste Water Master Plan, all approved by the Council on November 24, 1999, Resolution No. 19275, prior to approval of the corresponding final map. As an alternative, the Developer shall enter into an agreement with the City, providing the City with such security (including recordation of covenants running with the land) and implementation procedures as the City may require. Also assuring that, after approval of the final map, the developer will continue to comply, remain in compliance, and implement such Plans. The Developer shall also agree to waive any claim that the adoption of a final Water Conservation Plan or Air Quality Plan constitutes an improper subsequent imposition of the condition. 4. Condition "D" of Resolution 2000-310 (PFFP) In satisfaction of Condition "D" of Resolution 2000-310, the Developer Agrees to install public facilities in accordance with the EastLake Trails Public Facilities Financing Plan as amended or as required by the City Engineer to meet threshold standards adopted by the City of Chula Vista. The City Engineer and Planning and Building Director may, at their discretion, modify the sequence of improvement construction should conditions change to 4 warrant such a revision. 5. Condition No. 2 and 14 of Resolution 2000-310 (Offsite Improvements). In satisfaction of Condition No. 2 and 14 of Resolution 2000-310, the Developer agrees to construct and secure as set forth below and as described on exhibit "C", in accordance with Chapter 18.16 of the Municipal Code, the offsite improvements listed below. Said improvements shall include, but not be limited to: asphalt concrete pavement, base, concrete curb, gutter and sidewalk, sewer, reclaimed water, poiable water, drainage facilities, street lights, traffic signals, signs, fire hydrants, and transitions to existing improvements, without any cost to the City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer. Developer also agrees to construct the Offsite Improvements in accordance with improvement plans subject to approval by the City. Developer further agrees to Complete Construction of the Offsite Improve- ments on or before the second anniversary date of the approval of this Agreement. The City Engineer, in his/her sole discretion, may extend the Complete Construction date up to one (1) year provided that Developer, in the opinion of the City Engineer, has diligently pursued completion of the improvements. It is expressly understood and agreed to by Developer that, in the performance of construction of said Offsite Improvements, Developer shall conform to and abide by all of the provisions of the ordinances, standards and policies of the City of Chula Vista, the laws of the State of California and federal law as applicable to said work. a. Improvements that have not been installed along Hunte Parkway from Otay Lakes Road to North Greensview Drive. Those improvements shall include the necessary grading and construction required to provide an 8-foot wide meandering walkway on the eastern side of Hunte Parkway and any other street improvements deemed necessary by the City Engineer. b. Otay Lakes Road as a full width six-lane arterial along the entire frontage of the EastLake Trails northern boundary. All offsite and onsite right-of-way needed to construct the eastbound transition to the existing improvements and the ultimate street improvements shall be granted to the City prior to approval of the first final map for the Eastlake III development as identified in fig. 3-2 of EIR #01-01. The schedule for construction of the above improvements shall be determined or approved by the City Engineer prior to approval of the aforementioned first final map for the Eastlake III development as identified in fig. 3-2 of EIR #01-01. Developer further agrees to include with the improvement plans for Otay Lakes Road the installation of a source for reclaimed water necessary to irrigate the sewer pump station property at the location along Otay Lakes Road, to the satisfaction of the City Engineer and City Open Space Coordinator. Developer further agrees to include with the improvement plans for Otay Lakes Rgad the design and construction of the Salt Creek sewer main crossing Otay Lakes Road. c. Reconstruction of the southwest quadrant of the intersection of H[}nte Parkway and Otay Lakes Road. Developer further agrees to Complete Construction within six months of the approval date of this Agreement. d. Ctlnstruct the lane reduction transitions along King Creek Way within Eastlake Trails. e. Bonding. i. Developer agrees to furnish and deliver to the City, simultaneously with the execution of this Agreement, and to thereafter maintain until City acceptance of the work referenced herein, an approved improvement security from a sufficient surety (A.M. [3est's rating of A, V or better), whose sufficiency and form have been approved by the City Attorney in the sums as set forth on Exhibit "C", which security shall guarantee the faithful performance in connection with the installation of the Street Improvements. ii. Developer agrees to furnish and deliver to the City simultaneously with the execution of the Agreement, and to thereafter maintain until City acceptance of the work referenced herein, an approved improvement security from a sufficient surety (A.M. Best's rating of A, V or better), whose sufficiency and form have been approved by the City Attorney in the sums as set forth on Exhibit "C", to secure the payment of material and labor in connection with the installation of said Street Improvements. iii. Developer acknowledges and agrees that if the Street Improvements are not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the Street Improvements as listed on Exhibit "C". Upon certification of completion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to the Developer, or its successors in interest, pursuant to the terms of the improvement security. Developer agrees to · pay to the City any difference between the total costs incurred to perform the work, including limited and reasonable design and administration of construction in substantial conformance with the approved plans (including 6 ~ reasonable allocation of overhead), and any proceeds from the improvement security. f. Developer's Costs and Expenses. It is also expressly agreed and understood by the parties hereto that in no case will the City, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall the City or the City's officer, .sureties or bondsmen, be liable for the payment of sum or sums for said ~ork or any materials furnished therefore. g. Plan Check Fees and Additional Costs. It is further understood and agreed by Developer that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the Street Improvements plans and installation of the Street Improvements described above, as required by City and approved by the City Engineer shall be paid by the Developer, and the Developer shall deposit, prior to recordation Final Maps, with City a sum of money sufficient to cover said cost. 6. Condition No. 5 of Resolution 2000-310 (ADA Compliance) In satisfaction of Condition No. 5 of Resolution 2000-310, the Developer agrees to construct sidewalks and pedestrian ramps on all walkways to meet "Americans with Disabilities Act" standards and as approved by the City Engineer. Developer understands and 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 be updated to reflect those standards and that unless otherwise required by federal law, City ADA standards may be considered vested, as determined by Federal regulations, only after construction has Commenced. 7. Condition No. 9 of Resolution 2000-310 (Off-site Rights of Way). In satisfaction of Condition No.9 of Resolution 2000-310, the Developer agrees to grant an Irrevocable Offer to Dedicate (IOD) to the City of Chula Vista for all the off- site Right of Way necessary for the installation of required street improvements at the request and to the satisfaction of the City Engineer but in no event later than City approval of the first final map for the Eastlake III development as identified in fig. 3-2 of EIR #01-01. 8. Condition No.10 of Resolution 2000-310 (Off-site Rights of Way). In satisfaction of Condition No. 10 of Resolution 2000-310 the Developer agrees to notify the City at least 60 days prior to City Council consideration of the affected final map for the EastLake III development, if off-site right-of-way cannot be obtained as required above (Only off-site right-of-way or easements affected by Section 66462.5 of the ? Subdivision Map Act are covered by this condition). After said notification and prior to the app"oval of the affected final map, the developer shall: a. Pay the full cost of acquiring off-site right-of-way or easements required by the Tentative Map conditions of approval. Developer has posted a $50,000.00 cash bond with the City to be applied to the cost of such acquisition. b. Deposit with the City the estimated cost of acquiring said right-of-way or easements..The amount of the deposit is subject to the approval of the City Engineer. c. Prepare and submit all easement and/or right-of-way documents, plats and appraisals necessary to commence condemnation proceedings. if the developer so requests, the City may use its power of eminent domain to acquire right-of-way, easements or licenses needed for off-site improvements or work related to the tentative map. The developer shall pay all costs, both direct and indirect incurred in said acquisition. If the City does not acquire or commence proceedings for immediate possession of the property within the 120 day time limitation specified in Section 66462.5 of the State Subdivision Map Act, the condition to construct the related off-site improvements, which fall under the purview of the above mentioned Section of the Subdivision Map Act, is waived. 9. Condition No. 11 of Resolution 2000-310 (Temporary Turnaround). In satisfaction of Condition No. 11 of Resolution 2000-310, the Developer agrees to construct a temporary turnaround or street improvements at the end of temporarily stubbed streets greater than 150 ft. in length (as measured from the nearest centerline intersection) and provide the City an easement for any such improvements upon request and as determined necessary by the City Engineer and Fire Marshal. 10. Condition No. 12 of Resolution 2000-310 (Deceleration Lane). In satisfaction on condition No. 12 of Resolution 2000-310 Developer agrees to provide an interim eastbound deceleration lane along Otay Lakes Road for the entrance to park site (P-3) concurrent with the completion of P-3 if the ultimate south half-street improvements for Otay Lakes Road are not completed at that time. Developer further agrees to, upon request and to the satisfaction of the City Engineer, provide security for such improvement in an amount to be determined by the City. 11. Condition No. 13 of Resolution 2000-310 (Traffic Signal). In satisfaction of Condition No. 13 of Resolution 2000-310, the Developer agrees to provide interim traffic control devices, as required by and upon the request of the City Engineer, to detour pedestrian traffic to the nearest street crossing if a signalized pedestrian crossing is not available when the greenbelt trail is completed and connected to Otay Lakes Road and Olympic Parkway. 12. Condition No. 15 of Resolution 2000-310 (Street Lights). In satisfaction of Condition No. 15 of Resolution 2000-310, the Developer agrees to install, to the satisfaction of the City Engineer, streetlights on traffic signal poles at the intersections of Hunte Parkway with King Creek Way. If a traffic signal is not required at this intersection, Developer agrees to install standard street lighting fixtures. 13.. Condition No. 16 of Resolution 2000-310 (Signal Equipment). In satisfaction of Condition No. 16 of Resolution 2000-310, the Developer agrees to design and construct underground traffic signal equipment and traffic signal standards at the locations determined by the City Engineer. 14. Condition No. 28 of Resolution 2000-310 (FEMA). In satisfaction of Condition No. 28 of Resolution 2000-310, the Developer agrees to request that the Federal Emergency Management Agency (FEMA) revise the effective Flood Insurance Rate Map (FIRM) and Flood Insurance Study (FIS) report for the Salt Creek area influenced by the Eastlake Trails Development, all at its own expense, without any cost to the City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer. Developer further agrees to complete said revision by 12/19/01. The City Engineer, in his/her sole discretion, may extend the date for completion of the revision up to one (1) year provided that Developer, in the opinion of the City Engineer, has diligently pursued completion of this revision. Developer shall conform to and abide by all of the provisions of the ordinances, standards and policies of the City of Chula Vista, the laws of the State of California and federal law as applicable to said work. 15. Condition No. 33 of Resolution 2000-310 (Letters or Permission). In satisfaction of Condition No. 33 of Resolution 2000-310, the Developer agrees to obtain notarized letters of permission for all off-site grading work prior to issuance of grading permit for work requiring said off-site grading. 16. Condition No. 36 of Resolution 2000-310 (Erosion). In satisfaction of Condition No. 36 of Resolution 2000-310, the Developer agrees to hold the City harmless from any liability from erosion, siltation or increase in flow of drainage resulting from this Project. 17. Condition No. 45 of Resolution 2000-310 (Pump Upgrade). In satisfaction of Condition No. 45 of Resolution 2000-310, the Developer agrees to provide for the costs associated with the maintenance and the potential upgrading of the sewer pump station located at 2660 Otay Lakes Road in accordance with the agreement between the City, Pacific Bay Homes and The Eastlake Company, dated January 20, 1998. 18. Condition No. 46 of Resolution 2000-310 (Pump Maintenance). In satisfaction of Condition No. 46 of Resolution 2000-310, the Developer agrees that If a new pump station(s), or the upgrade of an existing pump station(s), is proposed to accommodate additional sewage flows from the proposed Project, the Developer shall provide a sewage capacity study when such facility(s) are proposed in accordance with City of Chula Vista Policy Number 570-03 (Sewage Pump Station Financing ~olicy). 19. Condition No. 49 of Resolution 2000-310 (Bldg. Permits). In satisfaction of Condition No. 49 of Resolution 2000-310, the Developer agrees as follows: a) That the City may withhold building permits for the subject subdivision if any one of the following occur: 1. Regional development threshold limits set by the East Chula Vista Transportation Phasing Plan, as amended from time to time, have been reached or in order to have the Project comply with the Growth Management Program as may be amended from time to time. 2. Traffic volumes, levels of service, public utilities and/or services either exceed the adopted City threshold standards or fail to comply with the then effective Growth Management Ordinance and Growth Management Program and any amendments thereto.. Public utilities shall include, but not be limited to, air quality, drainage, sewer and water. 3. The required public facilities, as identified in the EastLake Trails PFFP or otherwise conditioned have not been completed or constructed to satisfaction of the City. The developer may propose changes in the timing and sequencing of development and the construction of improvements affected. In such case, the EastLake Trails PFFP may be amended as approved by the Director of Planning and Building and Director of Public Works. b) to defend, indemnify and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees, to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Council or any approval by its agents, officers, or employees with regard to this subdivision pursuant to Section 66499.37 of the State Map Act provided the City promptly notifies the subdivider of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. c) to permit all cable television companies franchised by the City of Chula Vista equal opportunity to place conduit to and provide cable television service for ]0 each lot or unit within the Tentative Map area. Developer further agrees to grant, by license or easement, and for the benefit of, and to be enforceable by, the City of Chula Vista, conditional access to cable television conduit within the properties situated within the final map only to those cable television companies franchised by the City of Chula Vista the condition of such grant being that (a) such access is coordinated with Developer's construction schedule so that it does not delay or impede Developer's construction schedule and does not require the trenches to be reopened to ac~3mmodate that placement of such conduits; and (b) any such cable company is and remains in compliance with, and promises to remain in compliance with the terms and conditions of the franchise and 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. Developer hereby conveys to the City of Chula Vista the authority to enforce said covenant by such remedies as the City determines appropriate, including revocation of said grant upon determination by the City of Chula Vista that they have violated the conditions of grant. d) to not protest formation of a district for the maintenance of the drainage channel in Salt Creek or for the maintenance of landscaped medians, open space, and parkways along streets within and adjacent to the subdivision. e) to comply with the provisions of the City-wide Parks Master Plan when it is adopted. 20. Condition No. 50 of Resolution 2000-310 (Affordable Housing). In satisfaction of Condition No. 50 of Resolution 2000-310, the Developer agrees to, within 60 days of approval of this Agreement, enter into an agreement or, if applicable, amend it's Agreement with the City to provide affordable housing units as specified in the adopted Eastlake Comprehensive Affordable Housing Program. 21. Condition No. 53 of Resolution 2000-310 (Open Space Landscaping). In satisfaction of Condition No. 53 of Resolution 2000-310, the Developer agrees to conform to the design elements of the City's Landscape Manual for all landscaping which falls within the maintenance responsibility of the Homeowners Association unless otherwise approved by the Director of Planning and Building and provide security for Landscape and irrigation plans as follows: a) Bonding i. Developer agrees to furnish and deliver to the City, simultaneously with the execution of this Agreement, and to thereafter maintain until City acceptance of the work referenced herein, an approved improvement security from a sufficient surety (A.M. Best's rating of A, V or better), whose sufficiency and form have been approved by the City Attorney in the sums as set forth on Exhibit "C", which security shall guarantee the faithful performance in connection with the installation of the Landscape and Irrigation Improvements as shown on Exhibit "C". ii Developer agrees to furnish and deliver to the City simultaneously with the execution of the Agreement, and to thereafter maintain until City acceptance of the work referenced herein, an approved improvemeqt security from a sufficient surety (A.M. Best's rating of A, V or better), whose sufficiency and form have been approved by the City Attorney in the sums as set forth on Exhibit "C", to secure the payment of material and labor in connection with the installation of said Landscape and Irrigation Imporvements. iii Developer acknowledges and agrees that if the Landscape and Irrigation Imporvements are not completed within the time agreed herein, the sums provided by said Landscape and Irrigation lmporvements securities may be used by City for the completion of the Improvements in accordance with those preliminary plans and specifications contained on Exhibit "C", and in accordance with the plans to be approved by the City of San Diego and the City of Chula Vista. Upon certification of completion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to the Developer, or its successors in interest, pursuant to the terms of the Landscape and Irrigation Imporvements security. Developer agrees to pay to the City any difference between the total costs incurred to perform the work, including limited and reasonable design and administration of construction in substantial conformance with the approved plans (including a reasonable allocation of overhead), and any proceeds from the improvement security. b) Developer's Costs and Expenses. It is also expressly agreed and understood by the parties hereto that in no case will the City, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall the City or the City's officer, sureties or bondsmen, be liable for the payment of sum or sums for said work or any materials furnished therefore. c) Plan Check Fees and Additional Costs. It is further understood and agreed by Developer that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the Landscape and Irrigation Imporvements plans and installation of Improvements described above, as required by City and approved by the City Engineer shall be paid by the Developer, and the Developer shall deposit, prior to recordation Final Maps, with City a sum of money sufficient to cover said cost. 22. Condition No. 56 of Resolution 2000-310 (Public Maintenance Agreement). In satisfaction of Condition No. 56 of Resolution 2000-310, the Developer agrees to, within sixty (60) days from Council approval of this Agreement, enter into or amend a maintenance agreement and grant easements as necessary for landscaping maintaineS' by a Home Owner's Association within City right-of-way or such other areas required by the City. 23. Condition No. 57 of Resolution 2000-310 (Private Utilities). In satisfaction of Condition No. 57 of Resolution 2000-310, the Developer agrees to not install privately owned water, reclaimed water, or other utilities crossing any public street and that this shall include the prohibition of the installation of sleeves for future construction of privately owned facilities. The City Engineer may waive this requirement if the following is accomplished: a. The developer enters into an agreement with the City where the developer agrees to the following: 1. Apply for an encroachment permit for installation of the private facilities within the public right-of-way. 2. Maintain membership in an advance notice such as the USA Dig Alert Service. 3. Mark out any private facilities owned by the developer whenever work is performed in the area. 4. The terms of this agreement shall be binding upon the successors and assigns of the developer. b. Shutoff devices as determined by the City Engineer are provided at those locations where private facilities traverse public streets 24. Condition No. 63 of Resolution 2000-310 (Open Space Walls). In satisfaction of Condition No. 63 of Resolution 2000-310, the Developer agrees that walls which are located within open space shall have owners of adjoining lots sign a statement when purchasing their homes that they are aware that the wall is on Open Space property and that they may not modify or supplement the wall or encroach onto Open Space property. 25. Condition No. 64 of Resolution 2000-310 (Park Master Plan). In satisfaction of Condition No. 64 of Resolution 2000-310, the Developer agrees to prepare, submit and obtain the approval from the Director of Parks and Recreation for the Project's Community Park Master Plan (P-1 and P-3.) prior to the issuance of the 600th building permit of the Eastlake Trails Development as shown on the Tentative Map for Eastlake Trails C.V.T. 99-03, approved by City Council on May 4, 1999 by Resolution 19447. The Developer further agrees that the Community Park Master Plan shall include facilities and amenities prescribed in the forthcoming City-wide Parks Ma~f~er Plan as adopted by City Council. The Developer further agrees that in the event that the forthcoming City-wide Parks Master Plan is not adopted before the community park design begins, the Director of Parks and Recreation shall determine the appropriate park facilities for the community park. 26. Condition No. 65 of Resolution 2000-310 (Landscape and Irrigation Plan). In satisfaction of Condition No. 65 of Resolution 2000-310, the Developer agrees as follows: a) to within 30 days of City Council approval of this agreement, prepare, submit and obtain approval by the Director of Planning and Building for detailed landscape and irrigation plans, including water management guidelines in accordance with the Chula Vista Landscape Manual and Section 11.4, Design Guidelines, of the Eastlake Trails SPA for the associated landscaped areas. Developer further agrees if Poplus species trees are incorporated in the Eastlake Trails Landscape theme, appropriate installation methods acceptable to the Director of Planning and Building shall be prescribed in the landscape improvement plans. b) Bonding i. Developer agrees to furnish and deliver to the City, simultaneously with the execution of this Agreement, and to thereafter maintain until City acceptance of the work referenced herein, an approved improvement security from a sufficient surety (A.M. Best's rating of A, V or better), whose sufficiency and form have been approved bythe City Attorney in the sums as set forth on Exhibit "C", which security shall guarantee the faithful performance in connection with the installation of the Landscape and Irrigation improvements as shown on Exhibit "C". ii. Developer agrees to furnish and deliver to the City simultaneously with the execution of the Agreement, and to thereafter maintain until City acceptance of the work referenced herein, an approved improvement security from a sufficient surety (A.M. Best's rating of A, V or better), whose sufficiency and form have been approved by the City Attorney in the sums as set forth on Exhibit "C", to secure the 14 payment of material and labor in connection with the installation of said Landscape and Irrigation improvements. iii. Developer acknowledges and agrees that if the Landscape and Irrigation improvements are not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the Landscape and Irrigation improvements in accordance with those preliminary plans and specifications contained on Exhibit "C", and in accordance with the plans to be approved by the City of San Diego and the City of Chula Vista. Upon certification of completion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to the Developer, or its successors in interest, pursuant to the terms of the improvement security. Developer agrees to pay to the City any difference between the total costs incurred to perform the work, including limited and reasonable design and administration of construction in substantial conformance with the approved plans (including a reasonable allocation of overhead), and any proceeds from the improvement security. c) Developer's Costs and Expenses. It is also expressly agreed and understood by the parties hereto that in no case will the City, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall the City or the City's officer, sureties or bondsmen, be liable for the payment of sum or sums for said work or any materials furnished therefore. d) Plan Check Fees and Additional Costs. It is further understood and agreed by Developer that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the Landscape and Irrigation Imporvements plans and installation of Landscape and Irrigation improvements described above, as required by City and approved by the City Engineer shall be paid by the Developer, and the Developer shall deposit, prior to recordation Final Maps, with City a sum of money sufficient to cover said cost. 27. Condition No. 67 of Resolution 2000-310 (Relocate Utilities). In satisfaction of Condition No. 67 of Resolution 2000-310, the Developer agrees to relocate at Developer's own expense, the necessary above and underground utilities serving individual homes to accommodate the required street trees with the street tree planting easement if determined necessary by the City Engineer. 28. Condition No. 77 and 78 of Resolution 2000-310 ("As-Built"). In satisfaction of Condition No. 77 and 78 of Resolution 2000-310, the Developer agrees to submit "as-built" improvement and grading plans as required bythe city Subdivision Manual and to provide the City said plans in digital D.X.F. file format. 29. Condition No. 84 of Resolution 2000-310 (Water Conservation). In satisfaction of Condition No. 84 of Resolution 2000~310, the Developer agrees to modify the Eastlake Trails Water Conservation Plan to incorporate all new water conservation policies a~opted by the City Council and fur[her agrees to Comply and remain in compliance with said policies once they are adopted. 30. Condition No. 86 of Resolution 2000-310 (Street Sweeping). In satisfaction of Condition No. 86 of Resolution 2000-310, the Developer agrees to contract with the City's current street sweeping franchisee, or other server approved by the Director of Public Works to provide street sweeping for each phase of development on a frequency and level of service comparable to that provided for similar areas of the City. The developer shall cause street sweeping to commence immediately after the final residence, in each phase, is occupied and shall continue sweeping until such time that the City has accepted the street or sixty days after completion of all punch list items, whichever is shorter. The developer further agrees to provide the City Conservation Coordinator with a copy of the memo requesting street sweeping service, which memo shall include a map of areas to be swept and the date the sweeping will begin. 31. Condition No. 87 of Resolution 2000-310 (Brush Clearance). In satisfaction of Condition No. 87 of Resolution 2000-310, the Developer agrees upon request of the Fire Marshal, to provide the Initial Cycle of Fire management/brush clearance within lots adjacent to natural open space areas subject to approval by the Fire Marshal and Director of Planning and Building. 32. Condition No. 88 of Resolution 2000-310 (Fire Hydrants). In satisfaction of Condition No. 88 of Resolution 2000-310, the Developer agrees to install and make operable the hydrants and 20-foot wide fire access roads prior to delivery of combustible building materials. 33. Condition No. 91 of Resolution 2000-310 (Mitigation Plan). In partial satisfaction of Condition No. 91 of Resolution 2000-310, the Developer agrees to, on or before March 26, 2001 prepare, submit and obtain approval bythe Environmental Review Coordinator for a detailed mitigation plan for the creation and enhancement of riparian vegetation within Salt Creek corridor, in accordance with the CDFG 1603 Streambed Alteration Agreement no. 5-181-98, as amended 6-7-00. ]6 34. Conditio~ No. 92 and 99 of Resolution 2000-310 (Noise Study). In satisfaction of Conditions No. 92 and 99 of Resolution 2000-310, the Developer agrees to provide a noise study prior to issuance of the first building permit to identify noise impacts generated by surrounding streets and determine the necessary mitigation measures to insure that all dwelling units will be designed and constructed to preclude interior noise levels over 45 dBA. Developer further agrees to implement all mitigation measures recommended in the noise studies for compliance with interior n~;se levels over 45 dBA and existing noise exposure over 65 dBA. 35. Condition No. 95 of ResOlution 2000-310 (Map Act). In satisfaction of Condition No. 95 of Resolution 2000-310, the Developer agrees to comply with all applicable sections of the Chula Vista Municipal Code. Preparation of the final map and all plans shall be in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual. 36. Condition No. 96 of Resolution 2000-310 (Under grounding Utilities). In satisfaction of Condition No. 96 of Resolution 2000-310 the Developer agrees to underground all utilities within the subdivision in accordance with Municipal Code requirements. 37. Condition No. 97 of Resolution 2000-310 (Fees). In satisfaction of Condition No. 97 of Resolution 2000-310, the Developer agrees to Pay all applicable fees in accordance with the City Code and Council Policy, including, but not limited to, the following: 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. SR-125 impact fee. e. Telegraph Canyon Pump Sewer Fee. f. Salt Creek Sewer Basin Fee 38. Condition No. 98 of Resolution 2000-310. In satisfaction of Condition No. 98 of Resolution 2000-310, 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 demonstration said compliance as required by the City Engineer. 39. Condition No. 100 of Resolution 2000-310 (Urban Runoff). in satisfaction of Condition No. 100 of Resolution 2000-310, the Developer agrees to comply with all applicable regulations established by the United States Environmental Protection Agency (USEPA) as set forth in the National Pollutant Discharge Elimination System (N.P.D.E.S.) permit requirements for urban runoff and storm water discharge and any regulations adopted by the City of Chula Vista pursuant to the N.P.D.E.S. regulations or requirements. 40. Conditiort No. 101 of Resolution 2000-310 (Work within Salt Creek). In satisfaction of Condition No. 101 of Resolution 2000-310, the Developer agrees to comply with applicable Chula Vista Municipal Code Sections for any work proposed within the watercourse and floodplain of Salt Creek. 41. Condition No. 102 of Resolution 2000-310 (Notice of special taxes). In satisfaction of Condition No. 102 of Resolution 2000-310, the 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 ensure that prospective purchasers sign a "Notice of Special Taxes and Assessments" assessments. 42. Satisfaction of Conditions. City agrees that the execution of this Agreement constitutes satisfaction or partial satisfaction of Developer's obligation for this Project of Conditions B,C,D, 2, 5, 9, 10, 11, 12, 13, 14, 15, 16, 28, 33, 36, 45, 46, 49, 50, 53, 56, 57, 63, 64, 65, 67, 77, 78, 84, 86, 87, 88, 91,92, 95, 96, 97, 98, 99, 100, 101 and 102 of Resolution 2000-310 for the Eastlake Trails Project. 43. Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned, that Developer shall comply with all unfulfilled conditions of approval of the EastLake Trails, Chula Vista Tract No. 00-03 Tentative Map (adopted by Resolution 2000-310) and shall remain in compliance with and implement the terms, conditions and provisions of the Resolution. 44. Recording. This Agreement, or an abstract hereof prepared by either or both parties, may be recorded by either party. 45. Assignability. Upon request of the Developer, 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. ]8 46. Building Permits. Developer understands and agrees that the City may withhold the issuance of building permits for the Project, should the Developer be determined by the City to be in breach of any of the terms of this Agreement. The City shall provide the Developer of notice of such determination and allow the Developer with reasonable time to cure said breach. 47. Miscellaneous. a. Notices. Unless otherwise provided in this Agreement or by law, any and all notices required or permitted by this Agreement or by law to be served on or delivered to either party shall be in writing and shall be deemed duly served, delivered, and received when personally delivered to the party to whom it is directed, or in lieu thereof, when three (3) business days have elapsed following deposit in the U.S. mail, certified or registered mail, return receipt requested, first-class postage prepaid, addressed to the address indicated in this Agreement. A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party. CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 Attn: Director of Public Works Developer: The Easttake Company 900 Lane Avenue, Suite 100 Chula Vista, California 91914 Attn: Curt Smith A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided in this paragraph. b. Captions. Captions in this Agreement are inserted for convenience of reference and do not define, describe or limit the scope or intent of this Agreement or any of its terms. c. Entire Agreement. This Agreement contains the entire agreement between the parties regarding the subject matter hereof. Any prior oral or written representations, agreements, understandings, and/or statements shall be of no force and effect. This Agreement is not intended to supersede or amend any other agreement between the parties unless expressly noted. d. Preparation of Agreement. No inference, assumption or presumption shall be drawn from the fact that a party or his attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation and/or drafting this Agreement. e. ReCitals; Exhibits. Any recitals set forth above and exhibits referenced heCein are incorporated by reference into this Agreement. f. Attorneys' Fees. If either party commences litigation for the judicial interpretation, reformation, enforcement or rescission hereof, the prevailing party will be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. (NEXT PAGE IS SIGNATURE PAGE) 20 SIGNATURE PAGE TO SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT EASTLAKE TRAILS NEIGHBORHOODS TN-5 & TN-6 CHULA VISTA TRACT NO. 00-03 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULAVISTA THE EASTLAKE COMPANY, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY Mayor of the City of Chula Vista ~Wdham T Ostre;~ Its: President City Clerk * Cu~-Smith Its: Vice President Approved as to form by City'At~:/~/ v (Attach Notary Acknowledgment) H:\HOME\ENGINEER\LANDDEWTRAILS NORTH\5-6\TN056F SSIA-4.DOC 21 STATE OF CALWORNIA ) ) SS. COON~¥ OF SA~ bmoc ) On this t~'ay of /~k//~v , 20 a Not~ Public in md for said State, p~rsonally appe~ed ~ A ~ ~ LS/~F~/Wff , person~ ~om to me (or proved to me on the b~is of smishctow e~dence) to be ~e perso~ose nme~s/~ubscfibed t~.~e witMn insmment ~d ~o~o~dg=a to m~ that he/she~e~xecuted the sine ~ M~er/~e~au~ofized capaciV~ ~d ~at by ~s~er/~ si~a~ on the ~smment the p erson¢or the entiV upon behalf of which ~e p erso~ acted, executed ~e ins~ment. ~T~SS my hand ~d official seal. Si~at~e ~ ~ ~ (SE~~ NOT~Y P~LIC List of Exhibits Exhibit "A" Legal Description Exhibit "B" Plat of Properly Exhibit "C" B~;~d Table 22 EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED 1N THE STAGE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS; LOTS I THROUGH" ; TOGETHER WITH LOTS "A" THROUGH "__" OF MAP No. , FILED IN THE OFFICE OF THE COUNTY OF SAN DIEGO; ON 23 EXHIBIT "C" REQUIRED BONDING FOR EASTLAKE TRAILS NORTH No Description Bond Dwg. Nos. Bond Amount Number Improverr~nts along Hunt Parkway ~om Otay Lakes $20,500.00 - ML -1 Rd. to Norlh Greensview $20.500.00 - FP 88-03 929147214 Drive. (condition no. 2a) Otay Lakes Rd. Full Width 2 Widening along Frontage $1,792,500.00 * -ML of TN. $1,792,500.00 * -FP N/A 929147212 (condition no. 2b) Salt Creek Trunk Sewer INCLUDED IN BOND 3 X-ing Otay Lakes Rd. FOR OTAY LAKES RD, N/A 929147212 (condition no. 2b) WIDENING BOND. RecenstructJon of Southwest quadrant of the intersection of Hunte $50,000.00 4 parkway and Otay Lakes $50,000.00 **-FP 01010-01-03 929147213 Road (condition no. 2c) Construction of lane reduction transitions along S900,000.00 - ML 5 King Creek Way. $900,000.00 - FP 00114-01-12 j 929147204 (condition no. 14) I Landscaping 1,012,819.00 N/A 929147203 (condition nos. 53 and 65) Bond reflects 200% of the eng. Bond estimate Bond reflects 150 ~ of the eng. Bond estimate ML- Bond for Material and Labor FP - Bond for Faithful Performance 25 COUNCIL AGENDA STATEMENT Item 4 Meeting Date 2/27/01 ITEM TITLE: A) Resolution Approving Final Maps of Chula Vista Tract No. 92-02, Salt Creek Ranch, Neighborhood 1, Units 1 through 6 and Neighborhood 7, Units 1 through 3, accepting on behalf of the City of Chula Vista the various public streets and easements, all as granted on said maps within said subdivisions, rejecting on behalf of the public, portions of Proctor Valley Road, rejecting on behalf of the City of Chula Vista all Open Space Lots granted on said maps within said Subdivisions, vacating a public street easement, and approving the Subdivision Improvement Agreements for the completion of improvements required by said Subdivisions and authorizing the Mayor to execute said Agreements. B) Resolution Approving Supplemental Subdivision Improvement Agreement for Chula Vista Tract No.92-02, Tract No. 92-02, Salt Creek Ranch, Neighborhood 1, Units 1 through 6 and Neighborhood 7, Units I through 3 requiring Pacific Bay Homes to comply with certain unfulfilled conditions of Resolutions 16834 and 2000-190 and authorizing the Mayor to execute said Agreement. C) Resolution Approving Detention and Desilting Basin Maintenance Agreement by and between City of Chula Vista and Pacific Bay Properties and authorizing the Mayor to execute said Agreement. D) Resolution Approving Grant of Easement and Maintenance Agreement by and between City of Chula Vista and Pacific Bay Properties and authorizing the Mayor to execute said Agreement. E) Resolution Acknowledging on behalf of the City of Chula Vista Irrevocable Offer of Dedication of fee interest for a community park site, an Irrevocable Offer of Dedication of fee interest for a fire station site, and an Irrevocable Offer of Dedication for street purposes for Duncan Ranch Road. / SUBMITTED BY: Director of Public Works REVIEWED BY: City Manager~ (4/Sths Vote: Yes_No~ On October 6, 1992, by Resolution 16834, City Council approved the Tentative Subdivision Map for Chula Vista Tract No. 92-02, Salt Creek Ranch. On that Tentative Map, neighborhood boundaries were delineated. The Final Maps for Neighborhood 1, Units 1 through 6 and Neighborhood 7, Units 1 through 3, Subdivision Improvement Agreements, Supplemental Subdivision Improvement Agreement, Detention and Desilting Basin Maintenance Agreement, Grant of Easement and Page 2, Item Meeting Date 2/27/01 Maintenance Agreement for Proctor Valley Road, Acknowledging the Irrevocable offers of Dedication for community park site and fire station site, and Duncan Ranch Road are now before Council for consideration and approval. RECOMMENDATION: That Council adopt the resolutions approving: (A) the Final Maps and Subdivision Improvement Agreements; (B) the Supplemental Subdivision Improvement Agreement; (C) the Detention and Maintenance Basin Agreement; (D) the Median Maintenance Agreement for Proctor Valley Road east of Hunte Parkway; (E) Acknowledging the Irrevocable Offers of Dedication of fee interest for a community park site, fire station site and an Irrevocable Offer of Dedication for Duncan Ranch Road for public purposes and authorizing the Mayor to execute said Agreements for Salt Creek Ranch, Neighborhood 1, Units 1 through 6 and Neighborhood 7, Units 1 through 3. BOARD/COMMISSIONS RECOMMENDATIONS: Not Applicable DISCUSSION: Final Maps and Associated Improvement Agreements Neighborhoods I and 7 are the first final maps of Phase 2 of the Salt Creek Ranch Development (also known as the Rolling Hills Ranch Development). Neighborhood 1 is generally located north of Proctor Valley Road and along the western boundary of Salt Creek Ranch Neighborhood 2. Neighborhood 7 is generally located North of Proctor Valley Road East of Hunte Parkway (see AttachmentlB). The final maps for each unit consist of the follows: Number of Number of Lots for Open Final Map Residential Lots Space, Public Total Acreage Utilities/Public Uses Neighborhood 1, Unit 1 68 1 (1.001 AC) 18.038 Neighborhood 1, Unit 2 41 1 (6.772 AC) 15.764 Neighborhood 1, Unit 3 35 1 (5.689 AC) 13.694 Neighborhood 1, Unit 4 45 1 (0.957 AC) 11.095 Neighborhood 1, Unit 5 48 1 (4.493 AC) 15.859 Neighborhood 1, Unit 6 74 0 18.110 Neighborhood 7, Unit 1 49 1 (13.344 AC) 43.684 Neighborhood 7, Unit 2 66 2 (7.646 AC) 31.053 Neighborhood 7, Unit 3 57 2 (6.541 AC) 17.286 TOTALS 483 13(46.443 AC) 184.583 Page 3, Item Meeting Date 2/27/01 Plats for Neighborhoods 1 and 7 are attached as Attachment 2A and 2B, respectively. The final maps for the nine subdivisions have been reviewed by the Department of Public Works and Department of Planning & Building and found to be in substantial conformance with the approved Tentative Map. Approval of the maps constitutes acceptance by the City of all drainage, sewer, tree planting & maintenance, clear space, landscape buffer & sidewalk, general utility, and general access easements within each of the corresponding subdivisions. Approval of the final maps also constitutes acceptance, on behalf of the public, of the following streets: FINAL MAP DEDICATED STREETS Old Trail Drive, High Trail Court, Turning Trail Road, & View Trail Neighborhood 1, Unit 1 Court Neighborhood 1, Unit 2 Rocking Horse Drive, Crooked Trail Road Neighborhood 1, Unit 3 Miguel Trail Place, Crooked Trail Road, and Old Trail Drive Neighborhood 1, Unit 4 Old Trail Drive, Crooked Trail Road, and North Trail Court South Trail Court, New Trail Way, Turning Trail Road and Sunrise Trail Neighborhood 1, Unit 5 Place Rocking Horse Drive, Trail Marker Place, Bent Trail Drive, New Trail Neighborhood 1, Unit 6 way, Turning Trail Road, and Scenic Trail Place Savannah Court, Chapel Hill Drive, Magnolia Point Court, Proctor Valley Neighborhood 7, Unit 1 Road and Duncan Ranch Road Neighborhood 7, Unit 2 Durham Place, Wilmington Drive, Charleston Place, Proctor Valley Road, and Savannah Court Neighborhood 7, Unit 3 Valleycreek Drive, Northbrook Avenue, Lone Oak Place Since the Open Space Lots will be maintained by the Rolling Hills Ranch Homeowners' Association (HOA), the City is acknowledging the offer of dedication of all open space lots on all Final Maps. Approval of the maps, therefore, does not constitute acceptance of the Open Space Lots. However, Section 7050 of the Government Code of the State of Califoruia provides that an offer of dedication shall remain open and subject to future acceptance by the City. The City is receiving an Irrevocable Offer of grant of Fee Interest in the Open Space Lots as part of the Subdivisions' approval documents. Approval of Neighborhood 1, Unit 1 Final Map constitutes the vacation of the existing public street easement granted to the City Of Chula Vista per Document No. 97-0571503 Recorded November 13, 1997. It will be replaced with a through street as shown on said final map. All utility companies have been notified of the proposed vacation (see Attachment lA). Duncan Ranch Road is required for development of the Community Park. Construction of the Community Park is addressed in the Supplemental Subdivision Improvement Agreement (SSIA). The Fire Station Site is offered with these first final maps of phase 2 development of Rolling Hills Ranch pursuant to a prior agreement. All Irrevocable Offers of Dedication are acknowledged. Page 4, Item Meeting Date 2/27/01 Acceptance will occur after construction and acceptance ofimprovements by the City. As with the open space, the offers of dedication shall remain open and subject to future acceptance by the City. The developer has executed one Supplemental Subdivision Improvement Agreement for all nine maps in order to satisfy the following conditions of approval Nos. 1, 2, 3, 4, 55, 60, 61, 69, 70, 73, 80, 83, 87, 93, 94, 121,123,124, 125, and 126 of Resolutions 16834 and 2000-190 for Chula Vista Tract No 92-02, Salt Creek Ranch. Resolution 2000-190 limits the number of units, which may be mapped before certain street improvements have been constructed. These maps are in compliance with the threshold set forth. The Developer has agreed, unless otherwise conditioned, to comply with all unfulfilled conditions of approval of the Salt Creek Ranch Tentative Map, Tract 92-02 established by Resolutions Nos 16834 approved by Council on October 6, 1992 and 2000-190 approved by Council 6/13/2000. The developer has also executed Subdivision Improvement Agreements for each of the nine maps and has provided bonds to guarantee construction of the required improvements and to guarantee the subdivision monumentation. The developer has paid all applicable fees. The Subdivision Improvement Agreements are attached and bonds are on file in the office of the City Clerk. The improvement securities to guarantee labor, material and faithful performance are as follow: Faithful Public Improvements Labor & Materials Performance Monumentation Neighborhood 1, Unit 1 $548,800.00 $548,800.00 $9,315.00 Neighborhood 1, Unit 2 $337,150.00 $337,150.00 $5,940.00 Neighborhood 1, Unit 3 $280,400.00 $280,400.00 $4,995.00 Neighborhood 1, Unit 4 $301,000.00 $301,000.00 $4,860.00 Neighborhood 1, Unit 5 $378,150.00 $378,150.00 $6,615.00 Neighborhood 1, Unit 6 $563,000.00 $563,000.00 $9,315.00 Neighborhood 7, Unit 1 $952,743.00 $952,743.00 $9,000.00 Neighborhood 7, Unit 2 $517,120.00 $517,120.00 $9,000.00 PVR R-3 $455,000.00 $455,000.00 N/A PVR R-4 $735,950.00 $735,950.00 N/A Neighborhood 7, Unit 3 $413,483.00 $413,483.00 $9,000.00 Page 5, Item Meeting Date 2/27/01 Agreement for Thoroughfare Median and Parkways along Proctor Valley Road The Rolling Hills Ranch HOA will be maintaining the median and parkway areas of Proctor Valley Road and Hunte Parkway, all public areas. Separate agreements are required for the grant of easements and maintenance of thoroughfare medians and parkways within the project to implement HOA maintenance of public areas. The proposed agreement (see attached Attachment 6) specifies certain maintenance, insurance, indemnity, and bonding requirements in order to protect the City's interests and to insure that maintenance is performed at an adequate level. The proposed agreement include provisions in which: the agreement runs with land; the agreement is binding upon successors, assigns, and interests; and, it is clearly understood that Pacific Bay Properties intends to unilaterally transfer its maintenance obligations to the project's HOA. The CC&R's previously reviewed and approved in conjunction with an earlier phase of the project include adequate provisions for the assumption of maintenance by the HOA of Pacific Bay Home's maintenance obligations for thoroughfare medians and parkways within the project and along Proctor Valley Road and Hunte Parkway. Detention and Desilting Basin Maintenance Agreement As part of the Neighborhood 7 development, a second detention basin is being constructed. Staff recommends the agreement be approved which addresses perpetual maintenance of this detention basin area. Pacific Bay Properties has agreed, subject to City Council approval, to maintenance of the 1.79 acres of the detention basin by the HOA (including a portion of the first detention basin area not covered by the previous agreement) and the southerly 0.4 acres of the detention basin by Pacific Bay Properties for a period of five years or until upstream development has been completed, whichever is the later occurrence, at which time maintenance obligations for the southerly 0.4 acres will be assumed by the City. The HOA-maintained 1.79 acres are included in the "Habitat Enhancement Plan". The southerly 0.4 acres is not included in the "Habitat Enhancement Plan" because of its proximity to the culvert under Duncan Ranch Road and the necessity for occasional silt removal to maintain proper flow in the culvert. Since it is excluded from the "Habitat Enhancement Plan" such future work will not require wetlands mitigation. In order to assure maintenance of the detention basin, Pacific Bay Properties has granted a drainage maintenance easement to the City for said southerly portion and is required to provide a maintenance bond to guarantee the maintenance of the southerly 0.4 acres of the detention basin for a minimum of five years and to keep said bond in full force until such time as maintenance obligations are fully assumed by the City. The proposed agreement (see Attachment 5) specifies certain maintenance, indemnity, and bonding requirements in order to protect the City's interest and assure that maintenance is preformed at an adequate level by the developer until such time as full maintenance obligations are assumed by the City. The proposed agreement also includes provisions in which: the agreement runs with land; the agreement is binding upon successors, assigns, and interest; and, it is clearly understood that Pacific Page 6, Item Meeting Date 2/27/01 Bay Properties intends to unilaterally transfer its maintenance obligations under the agreements to the project's HOA. FISCAL IMPACT: None to the General Fund. All staff costs associated with processing of Improvement plans and final maps will be reimbursed from the developer's deposits. Attachment: Attachment lA: Street Vacation Exhibit Plat Attachment lB: Salt Creek Ranch Location Map Attachment 2A: Plat- Salt Creek Ranch Neighborhood 1 Attachment 2B: Plat- Salt Creek Ranch Neighborhood 7 Attachment 3: Developer's Disclosure Statement Attachment 4A: Sample Subdivision Improvement Agreement Attachment 4B: Supplemental Subdivision Improvement Agreement Attachment 5: Detention and Desiliting Basin Maintenance Agreement Attachment 6: Median Maintenance Agreement H:\HOM E\ENGINEER\LANDDEV\Roliing Hills Ranch\CASFMRHRN I &7.bls.doc >> g. mm ~ O0 C~ ' 75 47t8 ¢, 57/ ~ CP.._.- =,K P. AN CJ MAP NO, !,3503 LOT "' ~ M50. NEighbORHOOD 2, UN ~P NO. ~ MAP NO, 13502 ~ DroVE ~RNING 5 % ...... 17~ ~.~.,~,'j. xx ~ :~ 14384 ~ ~' FOUND ~i SURV~ MONUM~ tl % /~AP NO. 136 W~ 2" IRON PIPE ~N CONCR~ ~ ~D BP~S DISC M/,RK~ %S. 1 ~ ~3o'~o~ s~.4~' ~0~ ~PROCTOR VAII~ RO~ D~ICA~D ATTACNMENT I ~ I / ]SALT CREEK RANCH NEIGHBORHOOD 7 UNIT 1 O & ASSOCIATES 400 0 400 800 1200 R:\OI IS\OI18YO09 - W.O. 1413-46 CREEK RANCH ATT~CHMEN~ ~2.~-Z NEIGHBORHOOD ? UNI? 2 ~3NOL~ & ASSOCIATES PLANNING 10179 HN~nek~ns S~eet / 400 0 400 800 1200 SURVEYING ?H(858)SSSJ~500. F)((SSS)S58-141~ 400 ' R:\O118\OI18Y010 - W.O. 1415-4,6 H' ] (~ SCALE 1" = [SALT CREEK RANCH NEIGHBORHOOD ? UNIT 3 LOT ';4 "~ & ASSOCIATES 400 0 400 800 1200 PlaNNING 1017g Htmn~eken$ Street su,~,Nc 400' w.o, 141,~-46 / SCALE 1" CITY OF CHULA VISTA DISCLOSURE STATEMENT You are mqu/md to file a ~-*,'.,,~'~ of Discloem'e of certain owne~hip or financial integers, payments, or campaign 1. List the nnn~s of aH persons lmving a financial interest in the t~ot~y which is the subject of the app~on or the Comract, e.g., owner, applicnnt, ConUac~, subc,,~,,c~or, mau~ial suppler, e~c. 2. If shy pnn~m* icles~aed punnumt to (1) above ~s a co~pomfion or pn_,me~h'.,~, list lhe nv~es of all indivi~hml, ow,,~$ more than 10% of the share~ in the corponekm or ow-~_o any partnerahip ;,~ ~,-~est in the lmane~h' If any Nerscn* i~- a;l'-.cl lmumumt to (1) s~ove is a ncs~-~ofit ~or~,~tio~ or a trust, list the ~ of ~ ~ 4. Have you had more than ~250 worlh of business Uansacted with shy ,,-~r of ti~ City sUttf, Boar~, C..'=.='..;.,~kms, C~.-.~,,,,~, and ~ w~tt,~,, the ~ twe~e months? Ye~__ No..~If yes, plesse 5. Plense ~y enc~ ~d eve~ ~ inch~'ing agents, esnptoyee~, consultants, or independent Contrnctors who yo~ have auigned to represent you before the City in this -,~-er. in the curremt or pmced~g election pe~'ied? Yes No t.,/If yes, state whic~ Core.il meml~r(s): * * * (NOTE: Attach A~nal Pnnes~:~ecessm'y) * * * * ~'.,~,~ is defined a~: 'Any individual, firm. co-parmership. ~ ~enmre. ass~-aui~n, social club. fra~er,~ organization, corponuion, estate, trusr, receiver. O~,~'me, fair and any other cow~v, city. or coumry, city ~. distr., or other ~ subdivisio~, or any od~er group or combinazion acZing as a unit. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FINAL MAPS OF CHULA VISTA TRACT NO. 92-02 SALT CREEK PJ~NCH, NEIGHBORHOOD 1, UNITS 1 THROUGH 6, AND NEIGHBORHOOD 7, UNITS 1 THROUGH 3, ACCEPTING ON BEHALF OF THE CITY THE PUBLIC STREETS AND EASEMENTS GRANTED ON SAID MAPS WITHIN SAID SUBDIVISIONS, REJECTING ON BEHALF OF THE PUBLIC THAT PORTION OF PROCTOR VALLEY ROAD, ACKNOWLEDGING ON BEHALF OF THE CITY OF CHULA VISTA ALL OPEN SPACE LOTS OFFERED ON SAID MAPS WITHIN SAID SUBDIVISIONS, VACATING A PUBLIC STREET EASEMENT GRANTED PER DOCUMENT NO. 97- 0571503 RECORDED NOVEMBER 13, 1997, AND APPROVING SUBDIVISION IMPROVEMENT AGREEMENTS FOR THE COMPLETION OF IMPROVEMENTS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby finds that certain map survey entitled Chula Vista Tract 92-02 Salt Creek Ranch, Neighborhood 1, Unit 1, and more particularly described as follows: Being a subdivision of a portion of the West Half of Section 26, and the East Half of Section 27, Township 17 South, Range 1 West, San Bernardino Meridian, in the County of San Diego, State of California, according to United States Government Survey thereof. Area: 18.038 acres No. of Lots: 70 Numbered Lots: 68 Lettered Lots: 2 Open Space Lots: 1.001 Acres is made in the manner and form prescribed by law and conform to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City of Chula Vista Old Trail Drive, High Trail Court, Turning Trail Road, and View Trail Court; 5-1/2 foot easements with the right of ingress and egress for the construction and maintenance of tree planting along dedicated streets, ten foot general utility and access easements within Lot "A" for installation of public utilities, and sight visibility space easement within Lots 1, 2, 3, 4, 5, 41, 42, 43, 44, 64 and 65 for sight distance, noting that use of said general utility, sight visibility and tree planting easements by others is subject to written permission and issuance of an Encroachment Permit from the City of Chula Vista, all as shown on this map within this subdivision, subject to the conditions set forth thereon. BE IT FURTHER RESOLVED said Council hereby acknowledges on behalf of the City of Chula Vista, the Irrevocable Offer of Grant of Fee Interest in Lot "An for open space and other public purposes as shown on this map within this subdivision, noting that Section 7050 of the Government Code of the State of California provides that such offers of dedication may be accepted at any future time by the City Council. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be, and is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that said public streets are dedicated for public use, and that those certain easements with the right of ingress and egress for the construction and maintenance of street tree planting, general utility and access and sight visibility, as granted thereon and shown on said map within said subdivision are accepted on behalf of the City of Chula vista as hereinbefore stated. BE IT FURTHER RESOLVED that the City Clerk be, and is hereby directed to transmit said map to the Clerk of the Board of Supervisors. BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement, a copy of which shall be kept on file in the office of the City Clerk for the completion of improvements in said subdivision, is hereby approved. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby finds that certain map survey entitled Chula Vista Tract 92-02 Salt Creek Ranch, Neighborhood 1, Unit 2, and more particularly described as follows: Being a subdivision of a portion of the East Half of Section 27, Township 17 South, Range 1 West, San Bernardino Meridian, in the County of San Diego, State of California, according to United States Government Survey thereof. Area: 15.764 acres No. of Lots: 44 Numbered Lots: 41 Lettered Lots: 3 Open Space Lots: 6.772 Acres is made in the manner and form prescribed by law and conform to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City of Chula Vista Rocking Horse Drive and Crooked Trail Road; 5-1/2 foot easements with the right of ingress and egress for the construction and maintenance of tree planting along dedicated streets, the sight visibility easement with the rights of ingress and egress within Lots 1 and C, and ten foot general utility, sight visibility and access easements within Lot "C" for installation of public utilities, noting that use of said general utility and tree planting easement by others is subject to written permission and issuance of an Encroachment Permit from the City of Chula Vista, all as shown on this map within this subdivision, subject to the conditions set forth thereon. BE IT FURTHER RESOLVED said Council hereby acknowledges on behalf of the City of Chula Vista, the Irrevocable Offer of Grant of Fee Interest in Lots "A", "B" and "C" for open space and other public purposes as shown on this map within this subdivision, noting that Section 7050 of the Government Code of the State of California provides that such offers of dedication may be accepted at any future time by the City Council. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be, and is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that said public streets are dedicated for public use, and that those certain easements with the right of ingress and egress for the construction and maintenance of street tree planting, sight visibility and general utility and access, as granted thereon and shown on said map within said 3 subdivision are accepted on behalf of the City of Chula Vista as hereinbefore stated. BE IT FURTHER RESOLVED that the City Clerk be, and is hereby directed to transmit said map to the Clerk of the Board of Supervisors. BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement, a copy of which shall be kept on file in the office of the City Clerk for the completion of improvements in said subdivision, is hereby approved. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby finds that certain map survey entitled Chula Vista Tract 92-02 Salt Creek Ranch, Neighborhood 1, Unit 3, and more particularly described as follows: Being a subdivision of a portion of the West Half of Section 26, and the East Half of Section 27, Township 17 South, Range 1 West, San Bernardino Meridian, in the County of San Diego, State of California, according to United States Government Survey thereof. Area: 13.694 acres No. of Lots: 37 Numbered Lots: 35 Lettered Lots: 2 Open Space Lots: 5.689 Acres is made in the manner and form prescribed by law and conform to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City of Chula vista Miguel Trail Place, Crooked Trail Road and Old Trail Drive; 5-1/2 foot easements with the right of ingress and egress for the construction and maintenance of tree planting along dedicated streets, sight visibility easement with the right oX ingress and egress within Lot 25, drainage easement with the right of ingress and egress for the construction and maintenance of drainage facilities and access and ten foot general utility and access easement within Lot "B", noting that use of tree planting, sight visibility, drainage and general utility and access easements by others is subject to written permission and 4 issuance of an Encroachment Permit from the City of Chula Vista, all as shown on this map within this subdivision, subject to the conditions set forth thereon. BE IT FURTHER RESOLVED said Council hereby acknowledges on behalf of the City of Chula Vista, the Irrevocable Offer of Grant of Fee Interest in Lots "A" and "B" for open space and other public purposes, as shown on this map within this subdivision, noting that Section 7050 of the Government Code of the State of California, provides that such offers of dedication may be accepted at any future time by the City Council. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be, and is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that said public streets are dedicated for public use, and that those certain easements with the right of ingress and egress for the construction and maintenance of street tree planting, sight visibility, drainage, and general utility access, as granted thereon and shown on said map within said subdivision are accepted on behalf of the City of Chula Vista as hereinbefore stated. BE IT FURTHER RESOLVED that the City Clerk be, and is hereby directed to transmit said map to the Clerk of the Board of Supervisors. BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement, a copy of which shall be kept on file in the office of the City Clerk for the completion of improvements in said subdivision, is hereby approved. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby finds that certain map survey entitled Chula Vista Tract 92-02 Salt Creek Ranch, Neighborhood 1, Unit 4, and more particularly described as follows: Being a subdivision of a portion of the West Half of Section 26, and the East Half of Section 27, Township 17 South, Range 1 West, San Bernardino Meridian, in the County of San Diego, State of California, according to United States Government Survey thereof. 5 Area: 11.095 acres No. of Lots: 46 Numbered Lots: 45 Lettered Lots: 1 Open Space Lots: 0.957 Acres is made in the manner and form prescribed by law and conform to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City of Chula Vista Old Trail Drive, Crooked Trail Road and North Trail Court; 5-1/2 foot easements with the right of ingress and egress for the construction and maintenance of tree planting along dedicated streets, sight visibility, easement with the right of ingress and egress within Lot 45, and a ten foot general utility and access easement within Lot "A" for installation of public utilities, noting that use of said general utility, sight visibility and street tree planting easements by others is subject to written permission and issuance of an Encroachment Permit from the City of Chula Vista, all as shown on this map within this subdivision, subject to the conditions set forth thereon. BE IT FURTHER RESOLVED said Council hereby acknowledges on behalf of the City of Chula Vista, the Irrevocable Offer of Grant of Fee Interest in Lot "A" for open space and other public purposes, as shown on this map within this subdivision, noting that Section 7050 of the Government Code of the State of California, provides that such offers of dedication may be accepted at any future time by the City Council. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be, and is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that said public streets are dedicated for public use, and that those certain easements with the right of ingress and egress for the construction and maintenance of street tree planting, sight visibility, general utility and access, as granted thereon and shown on said map within said subdivision are accepted on behalf of the City of Chula Vista as hereinbefore stated. BE IT FURTHER RESOLVED that the City Clerk be, and is hereby directed to transmit said map to the Clerk of the Board of Supervisors. 6 BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement, a copy of which shall be kept on file in the office of the City Clerk for the completion of improvements in said subdivision, is hereby approved. BE IT FURTHER RESOLVED that the City Council of the city of Chula Vista does hereby finds that certain map survey entitled Chula Vista Tract 92-02 Salt Creek Ranch, Neighborhood 1, Unit 5, and more particularly described as follows: Being a subdivision of a portion of the West Half of Section 26, and the East Half of Section 27, Township 17 South, Range 1 West, San Bernardino Meridian, in the County of San Diego, State of California, according to United States Government Survey thereof. Area: 15.859 acres No. of Lots: 49 Numbered Lots: 48 Lettered Lots: 1 Open Space Lots: 4.493 Acres is made in the manner and form prescribed by law and conform to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City of Chula vista South Trail Court, New Trail Way, Turning Trail Road and Sunrise Trail Place; 5-1/2 foot easements with the right of ingress and egress for the construction and maintenance of tree planting along dedicated streets, and a ten foot general utility and access easement within Lot "A" for installation of public utilities, sewer and drainage easement with the right of ingress and egress for the construction and maintenance of sewer and drainage facilities and access within Lots 28 and "A", noting that use of said street tree planting, general utility and access, sewer and drainage easements by others is subject to written permission and issuance of an Encroachment Permit from the City of Chula Vista, all as shown on this map within this subdivision, subject to the conditions set forth thereon. BE IT FURTHER RESOLVED said Council hereby acknowledges on behalf of the City of Chula Vista, the Irrevocable Offer of 7 Grant of Fee Interest in Lot "A" for open space and other public purposes, as shown on this map within this subdivision, noting that Section 7050 of the Government Code of the State of California, provides that such offers of dedication may be accepted at any future time by the City Council. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be, and is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that said public streets are dedicated for public use, and that those certain easements with the right of ingress and egress for the construction and maintenance of street tree planting, sewer, drainage and general utility and access, as granted thereon and shown on said map within said subdivision are accepted on behalf of the City of Chula Vista as hereinbefore stated. BE IT FURTHER RESOLVED that the City Clerk be, and is hereby directed to transmit said map to the Clerk of the Board of Supervisors. BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement, a copy of which shall be kept on file in the office of the City Clerk for the completion of improvements in said subdivision, is hereby approved. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby finds that certain map survey entitled Chula Vista Tract 92-02 Salt Creek Ranch, Neighborhood 1, Unit 6, and more particularly described as follows: Being a subdivision of a portion of the West Half of Section 26, and the East Half of Section 27, Township 17 South, Range 1 West, San Bernardino Meridian, in the County of San Diego, State of California, according to United States Government Survey thereof. Area: 18.110 acres No. of Lots: 75 Nurabered Lots: 74 Lettered Lots: 1 is made in the manner and form prescribed by law and conform to the surrounding surveys; and that said map and subdivision of land 8 shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City of Chula Vista Rocking Horse Drive, Trail Marker Place, Bent Trail Drive, New Trail Way, Turning Trail Road and Scenic Trail Place; 5-1/2 foot easements with the right of ingress and egress for the construction and maintenance of tree planting along dedicated streets, noting that use of said street tree planting by others is subject to written permission and issuance of an Encroachment Permit from the City of Chula Vista, all as shown on this map within this subdivision, subject to the conditions set forth thereon. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be, and is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that said public streets are dedicated for public use, and that those certain easements with the right of ingress and egress for the construction and maintenance of street tree planting, as granted thereon and shown on said map within said subdivision are accepted on behalf of the City of Chula Vista as hereinbefore stated. BE IT FURTHER RESOLVED that the City Clerk be, and is hereby directed to transmit said map to the Clerk of the Board of Supervisors. BE IT FURTEER RESOLVED that that certain Subdivision Improvement Agreement, a copy of which shall be kept on file in the office of the City Clerk for the completion of improvements in said subdivision, is hereby approved. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby finds that certain map survey entitled Chula vista Tract 92-02 Salt Creek Ranch, Neighborhood 7, Unit 1, and more particularly described as follows: Being a subdivision of a portion of Section 26, Township 17 South, Range 1 West, San Bernardino Meridian, in the County of San Diego, State of California, according to United States Government Survey thereof. Area: 43.684 acres No. of Lots: 51 Numbered Lots: 49 Lettered Lots: 2 Open Space Lot: 13.344 Acres is made in the manner and form prescribed by law and conform to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City of Chula Vista Savannah Court, Chapel Hill Drive, Magnolia Point Court, Proctor Valley Road and Duncan Ranch Road; 5-1/2 foot easements with the right of ingress and egress for the construction and maintenance of tree planting along dedicated streets, the drainage and sewer easement with the right of ingress and egress for the construction and maintenance of drainage and sewer facilities within Lot "A", the sight visibility easement with the rights of ingress and egress within Lot 16, a 20.00 foot landscape buffer and sidewalk easement within Lot "A" and a ten foot general utility and access easement within Lot "A" for installation of public utilities, noting that use of said general utility, sight visibility, drainage, sewer, access, landscape buffer and sidewalk and street tree planting easement by others is subject to written permission and issuance of an Encroachment Permit from the City of Chula Vista, all as shown on this map within this subdivision, subject to the conditions set forth thereon. BE IT FURTHER RESOLVED that said Council hereby acknowledges on behalf of the City of Chula Vista, the Irrevocable Offer of Grant of Fee Interest in Lot "A" for open space and other public purposes as shown on this map within this subdivision, noting that Section 7050 of the Government Code of the State of California provides that such offers of dedication may be accepted at any future time by the City Council. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be, and is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that said public streets are dedicated for public use, and that those certain easements with the right of ingress and egress for the construction and maintenance of street tree planting, drainage, sewer, sight visibility, general utility and access and landscape buffer and sidewalk, as granted 10 thereon and shown on said map within said subdivision are accepted on behalf of the City of Chula Vista as hereinbefore stated. BE IT FURTHER RESOLVED that the City Clerk be, and is hereby directed to transmit said map to the Clerk of the Board of Supervisors. BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement, a copy of which shall be kept on file in the office of the City Clerk for the completion of improvements in said subdivision, is hereby approved. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby finds that certain map survey entitled Chula Vista Tract 92-02 Salt Creek Ranch, Neighborhood 7, Unit 2, and more particularly described as follows: Being a subdivision of a portion of Section 25 and Section 26, Township 17 South, Range 1 West, San Bernardino Meridian, in the County of San Diego, State of California, according to United States Government Survey thereof. Area: 31.053 acres No. of Lots: 71 Numbered Lots: 66 Lettered Lots: 5 Open Space Lots: 7.646 Acres is made in the manner and form prescribed by law and conform to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City of Chula Vista Durham Place, Wilmington Drive, Charleston Place, Proctor Valley Road, and Savannah Court; 5-1/2 foot easements with the right of ingress and egress for the construction and maintenance of tree planting along dedicated streets, 20.00 foot landscape buffer and sidewalk easement within Lots "A" and "B", the drainage easement with the rights of ingress and egress for the construction and maintenance of drainage facilities, and a ten foot general utility and access easement within Lots "A" and "B" for installation of public utilities, noting that use of said general utility, access, landscape buffer and sidewalk, drainage, and street tree planting easement by others 11 HL/ -if is subject to written permission and issuance of an Encroachment Permit from the City of Chula Vista, all as shown on this map within this subdivision, subject to the conditions set forth thereon. BE IT FURTHER RESOLVED that said Council hereby acknowledges on behalf of the City of Chula Vista, the Irrevocable Offer of Grant of Fee Interest in Lots "A" and ~B" for open space and other public purposes as shown on this map within this subdivision, noting that Section 7050 of the Government Code of the State of California provides that such offers of dedication may be accepted at any future time by the City Council. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be, and is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that said public streets are dedicated for public use, and that those certain easements with the right of ingress and egress for the construction and maintenance of street tree planting, drainage, landscape buffer and sidewalk, general utility and access, as granted thereon and shown on said map within said subdivision are accepted on behalf of the City of Chula Vista as hereinbefore stated. BE IT FURTHER RESOLVED that the City Clerk be, and is hereby directed to transmit said map to the Clerk of the Board of Supervisors. BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement, a copy of which shall be kept on file in the office of the City Clerk for the completion of improvements in said subdivision, is hereby approved. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby finds that certain map survey entitled Chula Vista Tract 92-02 Salt Creek Ranch, Neighborhood 7, Unit 3, and more particularly described as follows: Being a subdivision of a portion of Section 26, Township 17 South, Range 1 West, San Bernardino Meridian, in the County of San Diego, State of California, according to United States Government Survey thereof. 12 Area: 17.286 acres No. of Lots: 59 Numbered Lots: 57 Lettered Lots: 2 Open Space Lots: 6.541 Acres is made in the manner and form prescribed by law and conform to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City of Chula Vista Valley Creek Drive, Northbrook Avenue, and Lone Oak Place; 5-1/2 foot easements with the right of ingress and egress for the construction and maintenance of tree planting along dedicated streets, the sight visibility easement with the rights of ingress and egress within Lots "A" and 1, ten foot general utility and access easement, with the rights of ingress and egress for installation of public utilities, and the drainage easement with the rights of ingress and egress for the installation of maintenance of drainage facilities, noting that use of said general utility, access, sight visibility, drainage and street tree planting easement by others is subject to written permission and issuance of an Encroachment Permit from the City of Chula Vista, all as shown on this map within this subdivision, subject to the conditions set forth thereon. BE IT FURTHER RESOLVED that said Council hereby acknowledges on behalf of the City of Chula Vista, the Irrevocable Offer of Grant of Fee Interest in Lots "A" and "B" for open space and other public purposes as shown on this map within this subdivision, noting that Section 7050 of the Government Code of the State of California provides that such offers of dedication may be accepted at any future time by the City Council. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be, and is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that said public streets are dedicated for public use, and that those certain easements with the right of ingress and egress for the construction and maintenance of street tree planting, sight visibility, drainage, general utility and access, as granted thereon and shown on said map within said subdivision are accepted on behalf of the City of Chula Vista as hereinbefore stated. 13 BE IT FURTHER RESOLVED that the City Clerk be, and is hereby directed to transmit said map to the Clerk of the Board of Supervisors. BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement, a copy of which shall be kept on file in the office of the City Clerk for the completion of improvements in said subdivision, is hereby approved. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby reject on behalf of the public that portion of Proctor Valley Road as shown as Lot D and Lot E on Final Map within Neighborhood 7, Unit 2. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby approve the vacation of a public street easement granted to the City of Chula Vista per Document No. 97- 0571503 recorded November 13, 1997 as shown within Neighborhood 1, Unit 1 Final Map pursuant to Section 8333 of the Streets and Highways Code. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said Subdivision Improvement Agreements on behalf of the City of Chula Vista. Presented by Approved as to form by John P. Lippitt Joh~.~aheny Director of Public Works City Attorney IH \HOME~3~IORNEY/RESO\ SCR Final Map (Februan/21, 2001 (3:43pm)1 14 Recording Requested by: CITY _S A£ 7 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 February, 2001, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and PACIFIC BAY PROPERTIES, a California Corporation formerly known as PACIFIC BAY HOMES, a California Corporation successor by merger to FN DEVELOPMENT COMPANY, ALPHA, a California Corporation successor by merger to FN DEVELOPMENT COMPANY, BRAVO, a California Corporation, 2300 Boswell Road, Suite 209, Chula Vista, California 91914, hereinafter called "Subdivider" with reference to the facts set forth below, which Recitals constitute a part of this Agreement; RECITALS: WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as CVT 92-02 Salt Creek Ranch, Neighborhood 1, Unit No. 1 (aka Rolling Hills Ranch), 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 1 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. 16834 and conditions revised by Resolution No. 2000-190, approved on the 6th day of October, 1992 ("Tentative Map Resolutions"); and WHEREAS, complete plans and specifications for the construction, installation and completion of said public improve- ment work have been prepared and submitted to the City Engineer, as shown on Drawings Nos. 00129-01 through 00129-26, on file in the office of the City Engineer; and WHEREAS, an estimate of the cost of constructing said public improvements according to said plans and specifications has been submitted and approved by the City in the amount of ONE MILLION NINETY-SEVEN THOUSD~ND SIX HUNDRED DOLLARS AND NO CENTS ($1,097,600.00). 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 FIVE HUNDRED FORTY-EIGHT THOUSAND EIGHT HUNDRED DOLLARS AND NO CENTS ($548,800.00) which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit "A" and made a part hereof. 7. Subdivider further agrees to furnish and deliver to the City of Chula Vista simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the city in the sum of FIVE HUNDRED FORTY-EIGHT THOUSAND EIGHT HUNDRED DOLLARS AND NO CENTS ($548,800.00) to secure the payment of material and labor in connection with the installation of said public improvements, which security is attached hereto, marked Exhibit "B" and made a part hereof and the bond amounts as contained in Exhibit "B", and made a part hereof. 8. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of NINE THOUSAND THREE HUNDRED FIFTEEN DOLLARS AND NO CENTS ($9,315.00) 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 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 4 and agreed that Subdivider shall guarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by City, Subdivider shall grant to City, by appropriate conveyance, the public improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. 13. It is understood and agreed that City, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement. Subdivider further agrees to protect and hold the city, its officers and employees, harmless from any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement; provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. Such indemnification and agreement to hold harmless shall extend to damages to adjacent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a result of the construction of said subdivision and the public improvements as provided herein. It shall also extend to damages resulting from diversion of waters, change in the volume of flow, modification of the velocity of the water, erosion or siltation, or the modification of the point of discharge as the result of the construction and maintenance of drainage systems. The approval of plans providing for any or all of these conditions shall not constitute the assumption by City of any responsibility for such damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of the subdivision pursuant to said approved improvement plans. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (10) years following the acceptance by the City of the improvements. 14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time period provided for in Section 66499.37 of the Government Code of the State of California. 5 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 Agreementl Such assignment will be in a form approved by the City Attorney. (NEXT PAGE IS SIGNATURE PAGE) SIGNATURE PAGE TO SUBDIVISION IMPROVEMENT AGREEMENT CVT 92-02, SALT CREEK RANCH, NEIGHBORHOOD 1, UNIT 1 (AKA ROLLING HILLS RANCH) 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 PACIFIC BAY PROPERTIES, a California Corporation known as Pacific Bay Homes, a California Corporation Mayor of the City of Chula successor by merger to FN Vista Development Co., Alpha, a California Corporation ATTEST successor by merger to FN City Clerk Development Co., Bravo, a California Corporation Approved as to form by (Attach Notary Acknowledgment) 7 LIST OF EXHIBITS Exhibit "A" Improvement Security - Faithful Performance Form: Bond Amount: $548,800.00 Exhibit "B" Improvement Security - Material and Labor: Form: Bond Amount: $548,800.00 Exhibit "C" Improvement Security - Monuments: Form: Bond Amount: $9,315.00 Securities approved as to form and amount by Improvement Completion Date: Two (2) years from date of City Council approval of the Subdivision Improvement Agreement. H: ~Home~Attorney~SIA~RHR.N1U1 8 STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO ) On Februar,/20, 200 ! before me, Kimberly L. Stevenson, Notary Public, personally appeared Elizabeth Jacksor~, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person~.q~ whose name(fi) is/-a-r-e subscribed to the within instrument and acknowledged to me that4~/she/t4q~-y executed the same in h/~/her/kb, ei.r authorized capacityOes.), and that by hi*/her/tkzir signamreg~) on tl¢e instrument the person~), or the entity upon behalf of which the person~') acted, executed the instrument. WITNESS my hand and official seal i~NATU~("~ .~F NOTARY PUBLIC ~ E'xe~uted in Triplicate BOND FOR F~ PERFORMANCE Bond NO.: 6091014 (To Be Used Prior to Approval of Subdivision Improvement Agreement). Pl~miunl:$2,744.00 WRI~,F.,~, the City Council of the City of Chula Vista, County of San Diego, State of California, a/Id Pacific Bay Properties, a California Corp. ~ "plincipal~') desire to enter into a Subdivision Improvement Agreement (herelnaf~ refeaxed to as 'Agreement") whereby Principal agrees to install and complete c~rtain deaignated publi~ impwvements for the project kliOWllasRolling Hills Ranch (fka Sal~ Creek Ranch) Neighborhood ~, Unit 1 ;and ~, Principal desires to commence conslxuction of said public improvements prior to approval of raid Agreement by the City Council of the City of Ch,la Vista; and, WI~REAS, the City of Chula Vista, County of San Diego, State of California, has issued to Principal Construction Permit No. 01ere4nafter referred to as "Permit') for the public improvement work as set forth in more detail on City of Chula Vista Drawing Nos. 00t29-01 ttaough 00129:26 , n~rding construction of said public improvermmts, which Permit is hereby referred toand made a part hereof; and, ~, ~aitt Principal is xequired under the terms of said Permit to furnish a bond for faittfful performance of said Permit. NOW TI"IEREFO~, we, the Principal and Safeco Insurance Company of America , a corporation of the State of WA , (hereinaf~ 'Surety"), are held and firmly bound unto the City of Chula Vista, a municipal corporation (hereinafter 'City") in the County of San Diego, State of California, and to and for the benefit of any and all persons who may suffer damages by breach of the conditions hereof, illth~llllOf Five hundred forty eight thousand*~oliarg, ($548,800.00 ), lawfulmoney eight of the United Stat~.% for the payment of which sum well and truly to be made, we bind ourselves, our undred heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above-bound Principal, his or its heirs, executors, administmto~, m,,-,'eq_ ~rs or a~igns, shall in all things stand to and abide by, and well and truly keep and perform the tr.,ms, coveamnts, conditions, and provisions of said Praafit and a subsequent Agreement and any aliemtion ~ made as therdn prodded, on his or their part, to be kept and performed at tim time and in the ~ the~in spec/fled, and in all re-?ects according to the. ir true intent and meaning, and shall indemnify and save harmless City, its office~, agents and employees, as thear, in stipulatlxi, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included cosls and reasonable expen~ and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Ttg Surety hereby stip,,!at~s and agrees that no change, extension of time, alteration or addition to the terms of the Permit or to the work to be performed thereunder or the speefficatiens accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Permit or to the work or to the specifications. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Califomi~ County of San Francisco On Fehn]ary ~, '~001 before me~ Antoinette D Mitchell; Notary Public , personally appeared Tyler J. Kannon [] personally known to me- OR - [] proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and ~ COMM. # ~2~? ;~ that by his signature on the instrument the person, or tn n sc0c0uuwt~ the entity upon behalf of which the person acted, [ executed the instrument. WITN/E~ mY hand and official~ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT [] INDIVIDUAL [-]CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT [-]PARTNER(S) [] LIMITED [] GENERAL [~ATTORNEY-IN-FACT NUMBER OF PAGES I~TRUSTEE(S) [-]GUARDIAN/CONSERVATOR [-]OTHER: DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE SIGNER IS REPRESENTING NAME OF PERSON(S) OR ENTITY(IES) Safeco Insurance Company of America STATE OF C ALIFORNtA SS COUNTY OF SAN DIEGO On February 5,2001 before me, Kimberly L. Stevenson, Notary Public, personally appeared Elizabeth Jackson, personally known to me (or-proved to me.x~the basis-of: s'~t!afa,~ts~ m:ide~ce)-to be the person~) whose name(~ is/~-subscribed to the within instrument and acknowledged to me that ho]she/th~ executed the same in hi,her/hbO- authorized capacity(icg), and that by l~/her/their-signature(,,l on the instrument the persong0, or the entity upon behalf of which the person~) acted, executed the instrument. WITNESS my hand and official seal ~'I GNATURE~D~F NOTARY'PUBLIC ~'~ CERTIFIED COPY OF RESOLUTION OF BOARD OF DIRECTORS OF PACIFIC BAY PROPERTIES I, Linda Martinson, Assistant Secretary of Pacific Bay Properties, a California Corporation, do hereby certify that the following resolution was duly approved by the board of directors of the aforesaid corporation on the 21st of July 1999, and is now in full force and effect: RESOLVED that John G. Markley, Vice President, Karin T. Krogius, Vice President and Assistant Secretary, Sherry K. Farr, Vice President and Assistant Secretary, Richard W. Hamm, Vice President, Robert W. Kaczmarek, Vice President, Elizabeth J. Jackson, Vice President, Scott B. Goldie, Vice President, Christopher Yelich, Vice President, Richard Lewnau, Vice President, Bill Pickel, Vice President, and Peter Sherry, Jr., Vice President, and Linda Martinson, Assistant Secretary, Linda Robben, Assistant Secretary, or any Vice President acting alone, are hereby authorized as officers to sign on behalf of the Corporation, to execute agreements and bonds on behalf of the corporation. I further certify that the foregoing resolution has not been rescinded and is still in full force and effect. IN WITNESS WHEREOF, I have hereunto signed my name and affixed the seal of Pacific Bay Properties, a California corporation, this 6t~ day of February 2001. PACIFIC BAY PROPERTIES, A California corporation Linda Martinson, Asst. Socretary Executed in Triplicate I FileNo.: f~h['ZZO~ BOND FOR MATERIAL AND LABOR Bond No.: (To Be Used Prior to Approval of Subdivision Improvement Agxeement) Premium: n / a WHEREAS, the City Council of the City of Chula Vista, County of San Diego, State of California, and Pacific Bay Homes, a California Corp. (hereinafter Prin,cipal) desire to enter into a Subdivision Improvement Agreement (hereinafter referred to as Agreement) whereby Principal agrees to install and complete certain designated public improvements for the project kuownas Roiling Hills Rahch(fka Salt Creek Ranch) Neighborhood 1, Unit 1 ;a i id WHEREAS, Principal desires to commence construction of said public improvements prior to approval of said Agreement by the City Council of the City of Chula Vista; and, WI-IEREAS, the City of Chula Vista, County of San Diego, State of California, has issued to Principal Construction Permit No. (hereinafter referred to as Permit) for the public improvement work as set forth in more detail on City of Chafla Vista Drawing Nos. oo 129-01 through 00129-26 , regarding construction of said public improvements, which Permit is hereby referred to and made a part hereof; and, WHEREAS, under the terms of said Permit, Principal is required, before entering upon the performance of the work, to file a good and sufficient paymem bond with the City of Chula Vista to secure the claims to which reference is made in Title 15 (commencing with Section 3082), Part 4, Division 3, of the Civil Code of the State of California. NOW THEREFORE, said Principal and Safeco Insurance 'Company of America , a corporation of the State of WA , (hereinafter Surety), are held and fn-mly bound unto the City of Chala Vista, a municipal corporation (hereinafter City) in the County of San Diego, State of California, and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid Permit and referred to in the aforesaid Code of Civil Procedure in the sum of Five hundred forty eight thousand eight hundred--- dollars, ($548,800.00), lawful money of the United States, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face mount thereof, costs and reasonable expenses and fees,~ including reasomble attorney's fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corpomtiom entitled to file claims under Title 15 (commencing with Section 3082), Part 4, Division 3, of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then thi~ obligation shall become null. and void, otherwise, it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Permit or to the work to be performed thereunder or the specifications accompanying CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Francisco On Fehnmry ?~ 91301 before me: Antoinette D. Mitchell; Notaw Public , personally appeared Tyler J. Kannon [] personally known to me- OR - [] proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within ~.~( instrument and acknowledged to me that he ~D. ~[(_~.LL ~ executed the same in his authorized capacity, and e~ coM~. # ~2,~5227 m that by his signature on the instrument the person, or O~'ARY pUBLiC - CADFO~NIA ~~ the entity upon behalf of which the person acted, ~~ executed the instrtmaent. WITNES/ml h~d^rln~oi~iifl seal '~"~ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT [] INDIVIDUAL [-]CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT i--]PARTNER(S) [] LIMITED [] GENERAL [~ATTOKNEY-IN-FACT NUMBER OF PAGES ~ITRUSTEE(S) ~]GUARDIAN/CONSERVATOR [~OTHER: DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE SIGNER IS REPRESENTING NAME OF PERSON(S) OR ENTITY(lES) Safeco Insurance Company of America STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO ) On February 5,2001 before me, Kimberly L. Stevenson, Notary Public, personally appeared Elizabeth Jackson, personally known to me (or-proved to mtizfa:te.%' evide~ekto be the person~) whose name(X) is/eve-subscribed to the within instrument and acknowledged to me that he~she/th~ executed the same in his/her/~ authorized capacity(~s)~ and that by hi~/her/their-signature(,.*} on the instrument the person~), or the entity upon behalf of which the person,C) acted, executed the instrument. WITNESS my hand and official seal St ATU ¢ NO AI Y PVaLIC CERTIFIED COPY OF RESOLUTION OF BOARD OF DIRECTORS OF PACIFIC BAY PROPERTIES I, Linda Martinson, Assistant Secretary of Pacific Bay Properties, a California Corporation, do hereby certify that the following resolution was duly approved by the board of directors of the aforesaid corporation on the 21st of July 1999, and is now in full force and effect: . RESOLVED that John G. Markley, Vice President, Karin T. Krogius, Vice President and Assistant Secretary, Sherry K. Farr, Vice President and Assistant Secretary, Richard W. Hamm, Vice President, Robert W. Kaczmarek, Vice President, Elizabeth J. Jackson, Vice President, Scott B. Goldie, Vice President, Christopher Yelich, Vice President, Richard Lewnau, Vice President, Bill Pickel, Vice President, and Peter Sherry, Jr., Vice President, and Linda Martinson, Assistant Secretary, Linda Robben, Assistant Secretary, or any Vice President acting alone, are hereby authorized as officers to sign on behalf of the Corporation, to execute agreements and bonds on behalf of the corporation. I further certify that the foregoing resolution has not been rescinded and is still in full force and effect. IN WITNESS WHEREOF, I have hereunto signed my name and affixed the seal of Pacific Bay Properties, a California corporation, this 6th day of February 2001. PACIFIC BAY PROPERTIES, A California corporation I_inda Martinson, Asst. Socrotary A F E C O' pOWER GENERAL INSURANCE COMPANY OF AMERICA O F ATTORNEY HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 No. 19039 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington ~orporation, does each hereby appoint its hue and lawful a!torney(s)~in-fact, with full authority te execute on its behalf fidelity and surety bonds or undsrlakings and other documents of a sine,ar character issued in the cou~e of its business, and to bind the respedive company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL IHSURANCE COMPANY OF AMERICA have each executed and attested these preseMs this 18tit day of ]~by 1999 R.A. PIERSON, SECRETARY W. RANDALL STODDARD, pRESIDENT CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE CONIPANT OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "A~ticle V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Sec~ofary, and any Assistant Vice President appothted for tha~ puq:mse by the Officer in charge of sure{y operations, shall each have authority to appoint individuals as attomeys-in-faut or ullder other ap~ tiflex with authon~ to execute off behalf of the company fidelity and surety bends and ofha~ documents of similar character issued by ~e company In the coume of its business... On any instrument making er evidencing such appointment, the signatures may be affb(ed by facsimile. On any instrument confo~ing such auther~.y or on any bond or undertaking of the company, the seal, er a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or u~klng." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary er an assistant sec~'ntary of the Company setting out, (i) The provisions of Article V, Section 13 of lbs By-Caws, and (ii) A copy of the powermf-attomay appointment, executed pursuant thereto, and (iii) Cerl~y~g that said power-of-Mthmny appointment is in full farce and effout, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, R.A. Pierson, Secmtsry of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the roregofng extrects of the By-Laws and of a Resolution of the Board of Directms of these ¢oq3orations, and of a power of Attorney issued pumuant thereto, are true and ::orrect, and that both the By-Laws, the Resolution and the Power of Attorney am still in full force and effect. IN WITNESS WHEREOF, I have hereunfa set my hand and affixed the facaknile seal of said corporation th~ 2nd d~ February 2001 PIERSON, SECRETARY EXECUTED IN TRIPLICATE (3) I Fil~ No.: SURVEY MO.N-UM ENT LNSTALLATION BOND Bond N0.:6091815 Premium: $100.00-- LET ~ BE KNOWN BY THESE PRESENTS, ~at pacific Bay Propeties the sub~d¼dcr (hereinafter 'P~ncipal'), and Safeco Insurance Company of America a corporation of the Sram of Washington . (hereinafter 'Surety'), are held and firmJy bound umo the City of Chula Vista, a municipal corporation (hereinafter ~Cit)"), in the County of San Diego, S,'~m of California, and to and for the benefit of any and all persons who may suffer damage by reason of the breach of the conditions hereof, in the penal sum of Nine thousand three hundred ~¢fteen ................ doll,.rs ($ ~1~.00 ) lawful money of the United. States, to be paid to City. WHERE., Principal is presently engaged in subdividing certain lands to be known as Rolling Hills Ranch (fka Salt Creek Ranch) Neighborhood 1~ Unit 1 subdisSsion in the City of Chula Vista; and, Vv~HEREAS, Principal and City have entered into a Subddvision Improvement Agreement approved by City Council Resolution No. . (hereinafter referred to as 'Agreement') whereby Principal a~ees to install durable survey monuments for sa~d subdivision, which said Agreement, dated January 19 , 1t~ 200land identified as projeCtDelaved WOOl RH-220F is hereby referred to and made a part hereof; and, V~, Principal des/res to not install durable survey movnmcnts prior to the recordation of the rum1 map of the sulxfivision and desires to install same at a later dam, NOW, THEREFORE, the condition of the above obligation is that if Principal shall have installed durable monuments of the survey by J~fi'LE'f L_O~o.qr'lz215~-~ in accordance with the final map of said subdivision, a copy of which said map is hereby trade and same is incorporated herein as though set forth in full, and according to the ordinances of the City of Chula Vista in full force and effect at the time of the giving of this bond, on or before the expiration of ;thirty (30) consecutive days following completion and acceptance of public improvements within md subdMs/on as specified in said Agreement, then the obligation shall be void, otherwise to be and remain in full force and effect. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Francisco FEB 0 z00 WELLINGTON SO On before me, DATE NAME. TITLE OF OFFICER - E.G., 'JANE [~OE. NO3ARY PUBLIC' personally appeared NAME(S) OF SIGNER(S) [] personally known to me - OR - [] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/m'e subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), ~__-c~?,?,~ ~ or the entity upon behalf of which the person(s) acted, executed the instrument. FRANCISCO couNTY WITNESS my hand and official seal. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT [] INDIVIDUAL [] CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT [] PARTNER(S) [] LIMITED [] GENERAL [] ATTORNEY-IN-FACT [] TRUSTEE(S) NUMBER OF PAGES [] GUARDIAN/CONSERVATOR [] OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S) OR ENTITY(lES} THE SURETY COMPANY SIGNER(S) OTHER THAN NAMED ABOVE STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO ) On February 5,2001 before me, Kimberl¥ L. Stevenson, Notary Public, personally appeared Elizabeth Jackson, personally known to me (or-preyed to me on the-basis-of: s'.:tigfa~.to.~' e¼d~nee)-to be the person~) whose name(~) is/~tr-e-subscribed to the within instrument and acknowledged to me that ho]she/th~ executed the same in his/her/t-b~ authorized capacity(ieg)~ and that by l~/her/hheh~ignature(.s'l on the instrument the persong0, or the entity upon behalf of which the person~) acted, executed the instrument. WITNESS my hand and official seal SI~-NkTURE Off'ISIoTAR-~ PUBLIC CERTIFIED COPY OF RESOLUTION OF BOARD OF DIRECTORS OF PACIFIC BAY PROPERTIES I, Linda Martinson, Assistant Secretary of Pacific Bay Properties, a California Corporation, do hereby certify that the following resolution was duly approved by the board of directors of the aforesaid corporation on the 21st of July 1999, and is now in full force and effect: . RESOLVED that John G. Markley, Vice President, Karin T. Krogius, Vice President and Assistant Secretary, Sherry K. Farr, Vice President and Assistant Secretary, Richard W. Hamm, Vice President, Robert W. Kaczmarek, Vice President, Elizabeth J. Jackson, Vice President, Scott B. Goldie, Vice President, Christopher Yelich, Vice President, Richard Lewnau, Vice President, Bill Pickel, Vice President, and Peter Sherry, Jr., Vice President, and Linda Martinson, Assistant Secretary, Linda Robben, Assistant Secretary, or any Vice President acting alone, are hereby authorized as officers to sign on behalf of the Corporation, to execute agreements and bonds on behalf of the corporation. I further certify that the foregoing resolution has not been rescinded and is still in full force and effect. IN WITNESS WHEREOF, I have hereunto signed my name and affixed the seal of Pacific Bay Properties, a California corporation, this 6th day of February 2001. PACIFIC BAY PROPERTIES, A California corporation B y:*~--~ '~~,.~ (SEAL) Linda Martinson, Asst. Secretary S A F E C O' POWER SAFECO,NSUR NCECOa;.^m'OFAME.,C GENERAL INSU~ COMP~ OF ~E~ OF A~ORNEY HOMEOFFICE ~F~O~ S~E, WASHINGTON 98185 No. 10039 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington coqx~aiion, does each hereby appoint its line and lawful attorney(s).in-tact, with full authority to execute on its behalf fidelity and sum~y bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind Ihe respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this ]81~ day of May t9~) RA. PIERSON, SECRETARY W. RANDALL STODDARD, PRESIDENT CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Adicle V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secmta~, and any Assistant Vice President appointed for thai purpose by the officer in charge of surety operations, shal~ each have authority to appoint individuals as attomeys-in-tac~ or under other appropriate titles with euth~d[y to execute on behalf of the company fidelk'y and surety bonds and other documents of similar character issued by ~ c;m~any in the course of its business... On any instrument making ~r evidencing such appointment, the signatures may be affixed by facsimile. On any instrument eaof~rr~rt9 such authority or ea any bond or undertaking of the c~mpany, the seal, or a facsimile thereof, may be impressed or affixed or in eny other manner reproduced; provided, however, that the seal shall not be necessar/to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certiticete executed by the Secretary or an assistant secretary of the Company eslfln9 out, (~ ThepmviskinsofArticleV, Section 13oftheBy-4.aws, and (i0 A cuPy o~ the pmver-of-attsmay appotnto~ent, executnd pursuant thereto, and (ilo Cedifying that said power-of-alfornay appbintmeni is in full force ead effes~, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, R.A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify thai the kiregoing extmots of the By-Laws and of a Resolution of the Board of Di~ctom of these coq)orations, and of a Power of Attorney issued pu~uant thereto, are true and =orrect, and that both the By-Laws, the Resolution and the Power of AItomey are still irt full fome and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporaliea this 2nd dayof February 2001 RA. PIERSON, SECRETARY RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 92-02, SALT CREEK P3~NCH, NEIGHBORHOOD 1, UNITS 1 THROUGH 6 AND NEIGHBORHOOD 7, UNITS 1 THROUGH 3, REQUIRING PACIFIC BAY HOMES TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTIONS 16834 AND 2000-190 AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, Pacific Bay Homes has executed a Supplemental Subdivision Improvement Agreement to satisfy remaining conditions of City Council Resolution Nos. 16834 and 2000-190. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the Supplemental Subdivision Improvement Agreement for Chula Vista Tract No. 92-02, Salt Creek Ranch, Neighborhood 1, Units 1 through 6 and Neighborhood 7, Units 1 through 3, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula vista is hereby authorized to execute said Agreement on behalf of the City of Chula Vista. Presented by Approved as to form by John P. Lippitt John ~//~/Kaheny Director of Public Works City Attorney IH \HOME~TTORNEY\RESO\ssia SCR Neighborhood I & 7 (February 15, 2001 (4 36prfl)] 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 SALT CREEK RANCH, CHULA VISTA TRACT NO. 92-02, NEIGHBORHOOD 1, UNITS 1-6 AND NEIGHBORHOOD 7, UNITS 1-3 (Conditions 1, 2, 3, 4, 55, 60, 61, 69, 70, 73, 80, 83, 87, 93, 94, 121,123, 124, 125, and 126 of Resolutions 16834 and 2000-190 for Chula Vista Tract No. 92-02, Salt Creek Ranch) 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 PACIFIC BAY PROPERTIES, a California corporation, formerly know as Pacific Bay Homes, a California corporation, successor by merger to FN Development Company, Alpha, a California corporation successor by merger to FN Development Company, Bravo, a California corporation , as owner ("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" and as shown on Exhibit "A-1" attached hereto and incorporated herein ("Properly"). The Property is referred to as, Chula Vista Tract No. 92-02, Salt Creek Ranch, also known as Rolling Hills ] Ranch. For purposes of this Agreement the term "Project" shall mean "Proper[y". For the purposes of this agreement "Salt Creek Ranch Project" shall refer to the land described by the Tentative Map for C.V.T. 92-02, approved by City Council on October 6, 1992 by Resolution 16834. B. Developer is the owner of the Property. C. Developer has applied for and the City has approved a Tentative Subdivision Map commonly referred to as Chula Vista Tract No. 92-02, Salt Creek Ranch, ("Tentative Subdivision Map") for the subdivision of the Property. D. The City has adopted Resolutions 16834 and 2000-190 ("Resolutions") pursuant to which it has approved the Tentative Subdivision Map subject to certain conditions as more particularly described in the Resolutions. E. City is willing, on the premises, security, terms and conditions herein contained to approve the final map for which Developer has applied ("Final Map") 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 conditions. F. The following defined terms shall have the meaning set forth herein, unless otherwise specifically indicated: a. "Complete Construction" means when construction of required improvements has been completed and accepted by the City as determined by the City Engineer. b. "Rolling Hills Ranch HOA" means and refers to the Rolling Hills Ranch Community Association, a California nonprofit mutual benefit corporation, its successors and assigns, whether by merger, consolidation, reorganization or otherwise, 'the members of which shall be the Owners of Lots within the Salt Creek Ranch Project. c. "Free and clear of all encumbrances" means that there are no liens, agreements, or encumbrances that in any manner should be inconsistent with the City's proposed use of the land, or would in any way or manner decrease the value of the subject property. NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein contained, the parties agree as set forth below. 1. Agreement Applicable to Subsequent Owners. 1.1 Agreement Binding Upon Successors. This Agreement shall be binding 2 upon and inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property until released by the mutual consent of the parties. 1.2 Agreement Runs with the Land. The burden of the covenants contained in this Agreement ("Burden") is for the benefit of the Property and the City, its successors and assigns and any successor in interest thereto. City is deemed the beneficiary of such covenants for and in its own right and for the purposes of protecting the interest of the community and other parties public or private, in whose favor and for whose benefit of such covenants running with the land have been provided without regard to whether City has been, remained or are owners of any particular land or interest therein. If such covenants are breached, the City shall have the right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach to which it or any other beneficiaries of this agreement and the covenants may be entitled. a. Developer Release on Guest Builder Assignments. If Developer assigns any portion of the Project, Developer may have the right to obtain a release of any of Developer's obligations under this Agreement, provided Developer obtains the prior written consent of the City to such release. Such assignment shall, however, be subject to this Agreement and the Burden of this Agreement shall remain a covenant running with the land. The City shall not withhold its consent to any such request for a release so long as the assignee acknowledges that the Burden of the Agreement runs with the land, assumes the obligations of the Developer under this Agreement, and demonstrates, to the reasonable satisfaction of the City, its ability to perform its obligations under this Agreement as it relates to the portion of the Salt Creek Ranch Project which is being acquired by the Assignee. b. Partial Release of Developer's Assignees. If Developer assigns any portion of the Project subject to the Burden of this Agreement, upon request by the Developer or its assignee, the City shall release the assignee of the Burden of this Agreement as to such assigned portion if such portion has complied with the requirements of this Agreement and such partial release will not, in the opinion of the City, jeopardize the likelihood that the remainder of the Burden will not be completed. c. Release of Individual Lots. Upon the occurrence of any ofthe following events, Developer shall, upon receipt of the prior wriffen consent of the City Manager (or City Manager's designee), have the right to release any lot(s) from Developer's obligation under this Agreement: i. The execution of a purchase agreement for the sale of a residential lot to a buyer of an individual housing unit; ii. The conveyance of a lot to the Roiling Hills Ranch HCA; iii, The conveyance of a school site as identified in the SPA Plan to a school district; The City shall not withhold its consent to such release so long as the City finds in good faith that such release will not jeopardize the City's assurance that the obligations set forth in this Agreement will be performed. At the request of the Developer, the City Manager (or City Manager's designee), shall execute an instrument prepared by Developer in a recordable form acceptable to the City Attorney which confirms the release of such lot or parcel from the encumbrance of this Agreement. Notwithstanding the foregoing, at the close of an individual homeowner's escrow on any lot or parcel encumbered by this Agreement, such lot or parcel shall be automatically released from the encumbrance hereof. 2. Condition No. 1 of Resolution 16834 as revised by Resolution 2000-190 (Final Map and Building Permit Limit). In satisfaction of Condition No. 1 of Resolution 16834 as revised by Resolution 2000-190 (Exhibit "B" attached hereto), the Developer acknowledges and agrees that the building permits for Salt Creek Ranch Project are limited to no more than 1467 equivalent dwelling units ("EDU's"), provided that biological mitigation is complied with. The Developer further acknowledges and agrees that building permits may be granted beyond 1467 EDU's to a maximum of 1665 EDU's with completion of at least one of the following improvements: a. Complete the extension of Olympic Parkway easterly to East Palomar Street; or b. Widen East "H" Street to provide an additional westbound through lane at the East "H" Street/Hidden Vista Drive intersection. The Developer acknowledges and agrees that no Final Maps containing a Salt Creek Ranch Project cumulative total of more than 1665 EDU's shall be subject to approval without SR-125 from Olympic Parkway to SR-54 being open for public access. 3. Condition No. 2 of Resolution 16834 (Public Facilities Financing Plan). In satisfaction of Condition No. 2 of Resolution 16834, the Developer shall install public facilities in accordance with the Salt Creek Ranch Public Facilities Financing Plan ("PFFP") adopted by Resolution No. 16555 and as may be amended from time to time or as required by the City Engineer to meet threshold standards adopted by the City. In addition, the sequence that 4 improvements are constructed shall correspond to any future East Chula Vista Transportation Phasing Plan as may be amended in accordance with the final HNTB SR 125 Financing Study adopted by the City. The City Engineer and Director of Planning and Building may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. Developer further agrees to commence and complete the processing of an amendment to the PFFP to incorporate the changes set forth in Resolution 2000-190 prior to the Council approval of the first final map in Neighborhoods 9 through 13. 4. Condition No. 3 of Resolution 16834 as revised by Resolution No. 2000- 190 (Implement Mitigation Measures). In satisfaction of Condition No. 3 of Resolution 16834 as revised by Resolution No. 2000-190, the Developer shall diligently implement, or cause the implementation of all new and remaining mitigation measures pertaining to the Project identified in the Final Environmental Impact Report for Salt Creek Ranch (FEIR 89-03), Final Subsequent Environmental Impact Report, (SEIR #91-03), and Mitigated Negative Declaration (MND) IS-00-05. Developer agrees that any such measures not satisfied by a specific condition or by the project design shall be implemented to the satisfaction of the Director of Planning and Building. Developer acknowledges that Mitigation Measures shatl be monitored via the Mitigation Monitoring Program approved in conjunction with the FEIR, SEIR, and MND and any amendments thereto. Developer further acknowledges that modification of the sequence of mitigation shall be at the discretion of the Director of Planning and Building should changes in the circumstances warrant such revision. 5. Condition No. 4 of Resolution 16834 (General Preliminary). In satisfaction of Condition No. 4 of Resolution 16834, unless otherwise conditioned, the Developer shall comply with, remain in compliance with, and implement, the terms, conditions and provisions of the Salt Creek General Development Plan, Sectional Planning Area Plan, and such Master Plan of Reclaimed Water, Urban Runoff Report, Habitat Enhancement Plan, Master Plan of Sewage, water Conservation Plan, the Air Quality Improvement Plan Design Guidelines and the PFFP approved by the Council ("Plans") as are applicable tO the property which is the subject matter of the Tentative Map, prior to approval of the Final Maps, or shall have entered into an agreement with the City, providing the City with such security (including recordation of covenants running with the land) and implementation procedures as the City may require, assuring that, after approval of the Final Map, the Developer shall continue to comply with, remain in compliance with, and implement such Plans. Developer hereby agrees to waive any claim that the adoption of a final Water Conservation Plan or Air Quality Improvement Plan constitutes an improper subsequent imposition of the condition. 6. Condition No. 55 of Resolution 16834 (Withhold Permits). In partial satisfaction of Condition No. 55 of Resolution 16834, the Developer understands and agrees that the performance of Developer's obligations hereunder is required for the health and safety of the residents of its Project. Therefore Developer agrees: a. That the City may withhold building permits for any and all buildings within the Project if any one of the following occur: i. Regional development threshold limits set by the East Chula Vista Transportation Phasing Plan, as amended from time to time, have been reached or in order to have the Project comply with the Growth Management Program as may be amended from time to time. ii. Traffic volumes, levels of service, public utilities and/or services either exceed the adopted City threshold standards or fail to comply with the then effective Growth Management Ordinance and Growth Management Program and any amendments thereto. Public utilities shall include, but not be limited to, air quality, drainage, sewer and water. b. That the City may withhold building permits for any of the phases of development identified in the PFFP, if the required public facilities, as identified in the PFFP or as amended by the Annual Monitoring Program or otherwise conditioned have not been completed or constructed to satisfaction of the City. c. That, on the condition that City shall promptly notify the Developer of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense, the Developer shall defend, indemnify, and hold harmless the City, and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees, to attack, set aside, void or annul any approval by the City, including approvals by its Planning Commission, City Council, or any approval by its agents, officers, or emplo, yees with regard to this Project. d. That the City may withhold the issuance of building permits for the Project, should the Developer be determined by the City to be in breach of any of the terms of the Tentative Map Conditions or this Agreement. The City shall provide the Developer of notice of such determination and allow the Developer reasonable time to cure said breach. 6 7. Condition No. 60 of Resolution 16834 (Urban Runoff Agreement). In partial satisfaction of Condition No. 60 of Resolution 16634, the Developer agrees to the following: a. Improvement Work. Developer agrees to construct the urban runoff diversion basin and appurtenances (including but not limited to, the force main, pump station and storm drain) located northerly of Proctor Valley Road in or near the Neighborhood 7 final map area and as shown on the drawings set forth on Exhibits "C" and "E" {Detention and Desilting Basin Improvements) at its own expense, without any cost to the City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer. Developer further agrees to furnish the necessary materials for the Detention and Desilting Basin Improvements, all in strict conformity and in accordance with the pfans and specifications, which preliminary documents have heretofore been filed in the Office of the City Engineer and by this reference are incorporated herein and made a part hereof. Developer shall commence construction on or before June 1, 2001 and complete construction of the Detention and Desilting Basin Improvements on or before the second anniversary date of Council approval of this Agreement. For purposes of this Paragraph 7, commence 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 earlier. b. Bonding. i. Developer agrees to furnish and detiver to the City, simultaneously with the execution of this Agreement, and to thereafter maintain until City acceptance of the work referenced herein, an approved improvement security from a sufficient surety (A.M. Best's rating of A, V or better), whose sufficiency and form have been approved by the City Attorney in the sums as set forth on Exhibit "D", which security shall guarantee the faithful performance in connection with the installation of the Detention and Desilting Basin Improvements as shown on Exhibit "E". qi. Developer agrees to furnish and deliver to the City simhltaneously with the execution of the Ag reement, and to thereafter maintain until City acceptance of the work referenced herein, an approved improvement security from a sufficient surety (A.M. Best's rating of A, V or better), whose sufficiency and form have been approved by the City Attorney in the sums as set forth on Exhibit "D", to secure the payment of material and labor in connection with the installation of said Detention and Desilting Basin Improvements. iii.Developer acknowledges and agrees that if the Detention and Desilting Basin Improvements are not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the Detention and Desilting Basin Improvements in accordance with those preliminary plans and specifications contained on Exhibit "E", and in accordance with the plans to be approved by the City of San Diego and the City of Chula Vista. Upon certification of completion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to the Developer, or its successors in interest, pursuant to the terms of the improvement security. Developer agrees to pay to the City any difference between the total costs incurred to perform the work, including limited and reasonable design and administration of construction in substantial conformance with the approved plans (including a reasonable allocation of overhead), and any proceeds from the improvement security. c. Developer's Costs and Expenses. It is also expressly agreed and understood by the parties hereto that in no case will the City, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall the City orthe City's officer, sureties or bondsmen, be liable for the payment of sum or sums for said work or any materials furnished therefore. d. Plan Check Fees and Additional Costs. It is fur/her understood and agreed by Developer that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses)incurred by City in connection with the approval of the Detention and Desilting Basin Improvements plans and installation of the Detention and Desilting Basin Improvements described above, as required by City and approved by the City Engineer shall be paid by the Developer, and the Developer shall deposit, prior to recordation of Final Maps, with City 'a sum of money sufficient to cover said cost. e. Agreement with City of San Diego. Developer agrees to enter into a written agreement with the City of San Diego (CSD AgCeement) and obtain City of San Diego's written approval regarding on-going maintenance of the Detention and Desilting Basin Improvements no later than June 1, 2001. The Developer agrees to maintain the Detention and Desilting Basin Improvements pursuant to the terms of the CSD Agreement until such time as maintenance is assigned and accepted by the Rolling Hills Ranch HOA. Developer acknowledges and agrees that the obligations of the CSD Agreement shall be transferred to the Rolling Hills Ranch HOA pursuant to the provisions of the CSD Agreement. The CSD Agreement shall be reviewed and subject to the approval of the'City of Chula Vista and County of San Diego Department of Health Services prior to execution. f. Encroachment Permit. Developer agrees to execute a City of Chula Vista encroachment permit for the force main facilities and appurtenances located in or adjacent to Proctor Valley Road necessary for the operation of the Detention and Desilting Basin Improvements prior to commencement of construction of the Detention and Desilting Basin Improvements. Developer further agrees to assign and obtain the written acceptance of the obligations of the encroachment permit from the appropriate governing body of the Rolling Hills Ranch HOA. g. Indemnification. Developer further understands and agrees that City, as "lndemnitee", or any officer or employee thereof, shall not be liable for any bodily injury, death, or property damage, including thereto hazardous materials and property taking claims occasioned by reason of the acts or omissions of the Developer, its subcontractors or suppliers, its agents or employees, or Indemnitee, (which are not the result of Indemnitee's sole negligence or willful misconduct), related to the construction, operation and maintenance of the Detention and Desiiting Basin Improvements. Developer further agrees to indemnify, protect and hotd Indemnitee, its officers and employees, harmless from any and all claims, demands, causes of action, liability, costs and expense (including, without limitation, reasonable attorney's fees), loss for bodily injury, death or property damages, including thereto hazardous materials and property taking claims because of or arising out of Developer's construction, operation and maintenance of the Detention and Desilting Basin Improvements, or loss of any sort, because of or arising out of acts or omissions of Developer, its subcontractors or suppliers, its agents or employees, or Indemnitee, related to the construction, operation and maintenance of the Detention and Desilting Basin Improvements; provided , however, that Developer shalt have no obligation to indemnify, defend, protect or hold Indemnitee or indemnities, its officers, or employees harmless from any such losses, claims, demands, causes of action, liability, damages,, costs or expenses which arise out of the sole negligence or willful misconduct of the Indemnitee or any officer or employee thereof. The Developer further agrees to defend, indemnify, protect and hold the Indemnitee, its officers and employees, harmless from any and all claims, demands, causes of action, liability, cost and expense (including without limitation, reasonable attorney's fees) made or incurred by such third parties pursuant to or arising out of contracts entered into by third parties with or on behalf of Developer or its successors, assigns or agents concerning construction, operation and maintenance of the Detention and Desilting Basin Improvements; provided, however, that Developer shall have no obligation to indemnify, defend or hold Indemnitee harmless from any such losses, claims demands, damages, causes of action, liability, costs and expenses to the extent that they have arisen due to the sole negligence or willful misconduct of Indemnitee. The approved improvement securities referred to above shall not cover the provisions of this paragraph. Such indemnification and agreement to hold harmless shall extend to damages to adjacent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a result of the construction, operation and maintenance of said Detention and Desilting Basin Improvements as provided herein. It shall also extend to damages resulting from diversion of waters, change in the volume of flow, modification of the velocity of the water, erosion or siltation, or the modification of the point of discharge as the result of the construction, operation and maintenance of the Detention and Desilting Basin Improvements and the drainage systems. The approval of plans and the acceptance of the Detention and Desilting Basin Improvements and related improvements shall not constitute the assumption by City of any responsibility for such damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of the Detention and Desilting Basin Improvements and related improvements. The provisions of this paragraph shall become effective upon the execution of this Agreement and shall remain in full force and effect in perpetuity. 8. Condition No. 61 of Resolution 16834 (Watershed Management Plan), In partial satisfaction of Condition No. 61 of Resolution 16834, the Developer agrees to participate in funding the development of a comprehensive Otay Lakes watershed management plan and to pay a fair share of the construction cost of long term facilities as may be determined by said plan. Developer further agrees to enter into and execute an agreement, upon request of the responsible governmental agency, for participation in and implementation of said watershed management plan. 9. Condition No. 69 of Resolution 16834 (Parks). In satisfaction of Condition No. 69 of Resolution 16834, the Developer hereby agrees to the following: a. Duncan Ranch Road Improvement Work Schedule. Developer agrees to construct, at its sole expense, the portion of Duncan Ranch Road ("Street Improvements") identified by the City Engineer as necessary to access the parking lot driveway of the Community Park, and as shown on drawing number 00025, in accordance with the provisions herein. Developer shall commence construction of said Street Improvements on or before March 31, 2001. Developer shall complete construction of the Street Improvements: no later than twelve (12) months after commencing construction of the Community Park; (ii) prior to completion, as determined by the Director of Parks and Recreation, of the establishment and maintenance period of the Community Park site; or (iii) in compliance with the terms of the construction permit issued for the Street Improvements, whichever occurs earlier. All construction work shall be completed in a good and workmanlike manner, under the direction and to the satisfaction of the City Engineer. Developer understands and agrees that in the performance of construction of said Street Improvements, Developer shall conform to and abide by all City standards, the provisions of the ordinances of the City of Chula Vista, and the laws of the State of California applicable to said work. b. Street Improvement Plans. Developer agrees to furnish the necessary materials for the Street Improvements, all in strict conformity and in accordance with the plans and specifications, which documents have heretofore been fi[ed in the Office of the City Engineer and by this reference are incorporated herein and made a part hereof. c. Bonding. i. Developer agrees to furnish and deliver to the City, simultaneously with the execution of this Agreement, and to thereafter maintain until City acceptance of the work referenced herein, an approved improvement security from a sufficient surety (A.M. Best's rating of A, V or better), whose sufficiency and form have been approved by the City Attorney in the sums as set forth on Exhibit "D", which security shall guarantee the faithful performance in connection with the installation of the Street Improvements. ii. Developer agrees to furnish and detiver to the City simultaneously with the execution of the Agreement, and to thereafter maintain until City acceptance of the work referenced herein, an approved improvement security from a sufficient surety (A.M. Best's rating of A, V or better), whose sufficiency and form have been approved by the City Attorney in the sums as set forth on Exhibit "D", to secure the payment of material and labor in connection with the installation of said Street Improvements. iii.Developer acknowledges and agrees that if the Street Improvements are not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the Street Improvements in accordance with those approved plans and specifications shown on City drawing number 00025. Upon certification of completion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to the Developer, or its successors in interest, pursuant to the terms of the improvement security. Developer agrees to pay to the City any difference between the total costs incurred to perform the work, including limited and reasonable design and administration of construction in substantial conformance with the approved plans (including a reasonable allocation of overhead), and any proceeds from the improvement security. d. Developer's Costs and Expenses. It is also expressly agreed and understood by the parties hereto that in no case will the City, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall the City orthe City's officer, sureties or bondsmen, be liable for the payment of sum or sums for said work or any materials furnished therefore. e. Plan Check Fees and Additional Costs. It is further understood and agreed by Developer that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the Street Improvement plans and installation of Street Improvements described above, as required by City and approved by the City Engineer shall be paid by the Developer, and the Developer shall deposit, prior to recordation Final Maps, with City a sum of money sufficient to cover said cost. f. Indemnification. Developer further understands and agrees that City, as "lndemnitee", or any officer or employee thereof, shall not be liable for any bodily injury, death, or property damage, including thereto hazardous materials and property taking claims occasioned by reason of the acts or omissions of the Developer, its subcontractors or suppliers, its agents .or employees, or Indemnitee, (which are not the result of Indemnitee's sole negligence or willful misconduct), related to the construction of the Street Improvements. Developer further agrees to indemnify, protect and hold Indemnitee, its officers and employees, harmless from any and all claims, demands, causes of action, liability, costs and expense (including, without limitation, reasonable attorney's fees), loss for bodily injury, death or property damages, including thereto hazardous materials and property taking claims because of or arising out of Developer's construction of the Street Improvements, or loss of any sort, because of or arising out of acts ]2 or omissions of Developer, its subcontractors or suppliers, its agents or employees, or Indemnitee, related to the construction of Street Improvements; provided, however, that Developer shall have no obligation to indemnify, defend, protect or hold Indemnitee harmless from any such losses, claims, demands, causes of action, liability, damages, costs or expenses which arise out of the sole negligence or willful misconduct of the Indemnitee or any officer or employee thereof. The Developer further agrees to defend, indemnify, protect and hold the Indemniteel its officers and employees, harmless from any and all claims, demands, causes of action, liability, cost and expense (including without limitation, reasonable attorney's fees) made or incurred by such third parties pursuant to or arising out of contracts entered into by third parties with or on behalf of Developer or its successors, assigns or agents concerning construction of the Street Improvements; provided, however, that Developer shall have no obligation to indemnify, defend or hold Indemnitee harmless from any such losses, claims demands, damages, causes of action, liability, costs and expenses to the extent that they have arisen due to the sole negligence or wiIIful misconduct of Indemnitee. The approved improvement securities referred to above shall not cover the provisions of this paragraph. Such indemnification and agreement to hold harmless shall extend to damages to adjacent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a result of the construction of said Street Improvements as provided herein. It shall also extend to damages resulting from diversion of waters, change in the volume of flow, modification of the velocity of the water, erosion or siltation, or the modification of the point of discharge as the result of the construction of the Street Improvements and the drainage systems. The approval of plans and the acceptance of the Street Improvements and related improvements shall not constitute the assumption by City of any responsibility for such damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of the Street Improvements. The provisions of this paragraph shall become effective upon the execution of this Agreement and shall remain in full force and effect for ten (10) years following the acceptance by the City of the Street Improvements. g. Community Park. Developer agrees to commence grading of the Community Park no later than March 31,2001. DevelOper further agrees to commence construction of the Community Park within sixty (60) days of receiving written notice from the Director of Parks and Recreation which notice will not be given prior to City approval of construction documents for the Community Park site for the Salt Creek Ranch Project. The Developer shall complete construction of the Community Park no later than twelve (12) months after commencement of construction of the Community Park. ]3 The level of amenities required to be constructed by Developer for the Community Park shall be determined by the Director of Parks and Recreation in conjunction with the Community Park Site Master Plan. h. Park Letter Agreement. Developer acknowledges and agrees, that if the Community Park is not completed within the time agreed herein and/or in accordance with the Community Park Site Master Plan to be approved by the City, the funds provided by Developer may be used by City for the completion of said improvements, in accordance with the Letter Agreement with Pacific Bay Homes and the City of Chula Vista, dated October 1, 1997 (Exhibit "F"), i. Definitions. For purposes of this paragraph 9, the term "Commence construction" means with reference to both the Community Park and the Street Improvements when a construction permit or other such approval has been obtained from the City. Furthermore, the term "complete construction of the Community Park" means that construction of the Community Park has been completed and accepted by the Director of Parks and Recreation, but prior to the City's establishment and maintenance period. 10. Condition No. 70 and Condition No. 73 of Resolution 16834 (Community Park). In partial satisfaction of Condition No. 70 of Resolution 16834: a. The Developer has executed an Irrevocable Offer to Dedicate in Fee Interest (IOD) for the Community Park site and has executed an Irrevocable Offer to Dedicate Street Easement for Duncan Ranch Road to provide access to the Community Park site. Developer agrees to record said IOD for the Community Park site and the Irrevocable Offer to Dedicate Street Easement for Duncan Ranch Road concurrent with recordation of the final maps for either Neighborhood 7 or Neighborhood 1, whichever occurs earlier. b. The Developer agrees to take all necessary steps to ensure that the Community Park site is free and clear of all encumbrances to the satisfaction of the City by June 1, 2001, except for those easements and encumbrances as provided for in the Park Agreement adopted by City Resolution 2000-477 between the City, Eastlake Development Company and Developer regarding the Community Park site. Notwithstanding the foregoing, Developer further agrees that it shall not grant any easement upon the Community Park site to any utility company, cable provider or like entities without prior written permission from the City. Developer agrees to not pledge the rights to this Agreement as security for any of its 14 other obligations. Developer further acknowledges and agrees that the Community Park site shall remain free and clear of all encumbrances to the satisfaction of the City until such time that the City accepts the IOD for the Community Park Site. The Developer, at no cost to the City, shall provide the City with title insurance to the satisfaction of the City on the Community Park site prior to City's acceptance of the Community Park site for public use. c. Developer further agrees to construct the "turn-key" Community Park improvements in accordance with the Community Park Site Master Plan and construction documents. The Director of Parks and Recreation shall have the right of final approval in the selection process of the general contractor for the Community Park. d. On or before sixty (60) days from approval of this Agreement, Developer shall enter into a Chula Vista standard three party agreement with the City of Chula Vista and a design consultant, for the preparation of the Community Park Site Master Plan. The agreement shall include, but not be limited to, the Community Park Site Master Plan, the design development, the construction document and the construction administration of the Community Park site. The construction documents shall reflect the then current requirements of the City's Code/Manual requirements. 11. Condition No. 80 of Resolution 16834 (Greenbelt Access). In satisfaction of Condition No. 80 of Resolution 16834, the Developer shall provide a 10 feet wide access path for maintenance vehicles in the greenbelt open space area (lots D-8 through G-8) bisecting Neighborhoods 1 & 2. Final landscape materials and design for this area shall be consistent with open space criteria, subject to approval of the Director of Parks and Recreation and the Director of Public Works prior to approval of the final map for Subarea 1 (Phase I of the PFFP). 12. Condition No. 83 of Resolution 16834 (Biological Habitat). In partial satisfaction of Condition No. 83 of Resolution 16834: a. The Developer acknowledges and agrees that any and all lots containing biological habitat, as identified by the City Environmental Review Coordinator, within the Salt Creek Ranch Project shall be restricted from any use except access roads for public necessity as determined by the City Engineer and the City Environmental Review Coordinator. Developer further agrees to assign and obtain the written acceptance of ]5 this restriction from the appropriate governing body of the Rolling Hills Ranch HOA. b. Developer agrees that as to those lots designated by the City's Fire Marshal as fuel modification lots, developer shall, prior to performing work of any nature on such lots, retain a biologist, atDeveloper's own cost and expense, as approved by the City Environmental Review Coordinator to monitor such work to ensure that there is no impact to adjoining biological habitat sites. The fuel modification lots in the Project are as follows: (1) Lot B of Neighborhood 1, Unit 2; (2) Lot B of Neighborhood 1 Unit 3; (3) Lot A of Neighborhood 7, Unit 2; and (4) Lot B of Neighborhood 7, Unit 3, all as shown on the Final Maps for the Project. c. Developer agrees to comply with the fuel modification provisions of the Salt Creek Ranch Section Planning Area Plan. d. Developer agrees to pay alt City staff costs associated with implementation of fuel modification and further agrees to deposit funds upon request of the City for such on-going City staff costs. e. Developer further agrees to assign and obtain written acceptance of the provisions of paragraphs 12(b) through 12(d) of this Agreement from the appropriate governing body of the Roiling Hills Ranch HOA. 13. Condition No. 87 of Resolution 16834 (CC&R's). In partial satisfaction of Condition No. 87 of Resolution 16834, the Developer shall annex Neighborhood 1 and Neighborhood 7 of the Salt Creek Ranch Project into the Rolling Hills Ranch HOA. The Developer acknowledges and agreesthat the maintenance of median and parkway landscape improvements, sidewalks, and like improvements in Proctor Valley Road within and adjacent to Neighborhoods 7 & 8 and the maintenance of the Detention and Desilting Basin Improvements all within the Salt Creek Ranch Project will be a Rolling Hills Ranch HOA responsibility as set forth in the CC&R's. Developer further agrees to assign and obtain the written acceptance of the obligations of the maintenance from the appropriate governing body of the Rolling Hills Ranch HOA. 14. Condition No. 93 and Condition No. 94 of Resolution 16834 (Fire Station). In satisfaction of Condition No. 93 of Resolution 16834 and partial satisfaction of Condition No. 94 of Resolution 16834: f. Developer has irrevocably Offered to Dedicate in fee (IOD) a Fire Station site. The Developer agrees to provide the Fire Station site free and clear of all encumbrances to the satisfaction of the City by June 1, 2001. Developer agrees to not pledge the rights to this Agreement as security for any of its other obligations. Developer further acknowledges and agrees that the Fire Station site shall remain free and clear of all encumbrances until such time that the City accepts the IOD for the Fire Station site. Developer acknowledges and agrees that the site is and will remain free and clear of hazardous material to the satisfaction of the City until such time as the City accepts the site for public purposes. The Developer, at no cost to the City, shall provide the City with title insurance to the satisfaction of the City on the Fire Station site prior to City's acceptance of the Fire Station site for public use. Developer agrees to record the IOD concurrently with the recordation of the final maps for either Neighborhood 7 or Neighborhood 1, whichever occurs earlier. g. On or before September 1, 2001, Developer agrees to enter into an agreement with the City to construct Fire Station 8 in accordance with the PFFP and to the satisfaction of the City Fire Chief. 15. Condition No. 121 of Resolution 16834 (Chula Vista Municipal Code). In satisfaction of Condition No. 121 of Resolution 16834, the Developer shall comply with all applicable sections of the Chula Vista Municipal Code. Preparation of the Final Map and all plans shall be in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual. 16. Condition No. 123 of Resolution 16834 (Fire Sprinkler Requirements). in satisfaction of Condition No. 123 of Resolution 16834, the Developer shall provide some lots with residential fire sprinkler systems due to access requirements as determined bythe Fire Marshal. In multi-family dwellings, if a sprinkler system is required for one building, all buildings in the project shall be sprinklered. t7. Condition No. 124 of Resolution 16834 (Salt Creek Ranch SPA). In satisfaction of Condition No. 124 of Resolution 16834, the Developer shall make all proposed development consistent with the Salt Creek Ranch SPA Planned Community District Regulation, subject to the approval of the Director of Planning and Building. 17 18. Condition No. 125 of Resolution 16834 (Energy Conservation Ordinances). In satisfaction of Condition No. 125 of Resolution 16834, the Developer shall comply with Title 24 and any other energy conservation ordinances and policies in effect at the time construction occurs on the Property in conformance with this Tentative Subdivision Map. 19. Condition No. 126 of Resolution 16834 (Federal, State, Local Regulations). In satisfaction of Condition No. 126 of Resolution 16834, the Developer shall comply with all relevant Federal, State and ~ocal regulations, including the CIean Water Act. The Developer shall be responsible for providing all required testing and documentation to demonstrate said compliance as required by the City Engineer. 20. Implement Previously Adopted Conditions of Approval Pertinent to Project. Unless otherwise conditioned, Developer shall comply, remain in compliance and implement, the terms, conditions and provisions, as are applicable to the property which is the subject matter of this Agreement, of 1) a prior General Development Plan resulting in the current land use designations as shown on the Salt Creek Ranch, General Development Plan, previously approved by City Council Resolution No. 15875; 2) The Salt Creek Ranch, Sectional Planning Area (SPA) Plan, previously approved by Resolution 16554 on March 24, 1992, 3) Salt Creek Ranch Planned Community District Regulations and Land Use District Map, previously approved by the City Council and 4) Salt Creek Ranch Tentative Subdivision Map (CVT 92-02) which was approved by Resolution No. 16834 on October 6, 1992 and Conditions therein revised by Resolution No. 2000-190 on June 13, 2000. 21. Satisfaction of Conditions. City agrees that the execution of this Agreement constitutes satisfaction or partial satisfaction of Developer's obligation for this Project of Conditions 1,2, 3, 4, 55, 60, 61, 69, 70, 73, 80, 83, 87, 93, 94, 121, 123, 124, 125, and 126 of Resolution 16834 and Conditions as revised by Resolution 2000-190 for the Salt Creek Ranch Project. 22. Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned, that Developer shall comply with all unfulfilled conditions of approval of the Salt Creek Ranch, Chula Vista Tract No. 92-02 Tentative Subdivision Map (adopted by Resolution 16834 and Conditions as revised by Resolution 2000-190) and shall remain in compliance with and implement the terms, conditions and provisions of the Resolutions. 23. Previous Agreements. The Developer acknowledges that nothing in this Agreement shall supersede, nullify or otherwise negatively impact the terms of the Supplemental Subdivision Improvement Agreement "Prior Supplemental Subdivision Improvement Agreement" (recorded as Document No. 1997-0400742 of Official Records on August 19, 1997 in the San Diego County Recorder's Office) unless otherwise expressly noted herein. This Agreement affirms and reflects the terms, conditions and provisions of the Prior Supplemental Subdivision improvement Agreement and of Tentative Map 92-02 conditions applicable specifically to the Final Maps for the Property. Developer further agrees to remain in compliance with all other agreements affecting the Property. 24. Recording. This Agreement, or an abstract hereof prepared by either or both parties, may be recorded by either party. 25. Assignability. Upon request of the Developer, any or all on-site duties and obligations set forth herein may be assigned to Developer's successor in interest if the City Manager in his/her sole discretion determines that such an assignment will not adversely affect the City's interest. The City Manager in his/her sole discretion may, if such assignment is requested, permit a substitution of securities by the successor in interest in place and stead of the original securities described herein, so long as such substituted securities meet the criteria for security as set forth elsewhere in this Agreement. Such assignment will be in a form approved by the City Attorney. 26. Building Permits. Developer understands and agrees that the City may withhold the issuance of building permits for the Project, should the Developer be determined by the City to be in breach of any of the terms of this Agreement. The City shall provide the Developer of notice of such determination and allow the Developer with reasonable time to cure said breach. 27. 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. ]9 CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 Attn: Director of Public Works Developer: PACIFIC BAY PROPERTIES 2300 Boswell Road, Suite 209 Chula Vista, California 91914 Attn: Liz Jackson, Division Manager 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, nullify 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 shail be conclusively presumed that both parties participated equally in the preparation and/or drafting this Agreement. e. Recitals; Exhibits. Any recitals set forth above and exhibits referenced herein are incorporated by reference into this Agreement. f. Attorneys' Fees. If either party commences litigation for the judicial interpretation, reformation, 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 SIGNATURE PAGE) 20 SIGNATURE PAGE TO SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT SALT CREEK RANCH, NEIGHBORHOOD 1, UNITS 1-6 AND NEIGHBORHOOD 7, UNITS 1-3 CHULA VISTA TRACT NO. 92-02 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 PACIFIC BAY PROPERTIES, A CALIFORNIA CORPORATION Mayor of the City of Chula Vista Fiz O~cl~on[ Its: Cent~ice-President ATTEST City Clerk Approved as to form by ~ity~A/tt~_,e9 ' (Attach Notary Acknowledgment) H:~home~engineer\landdev\donnash'hm 17FINAL.doc Dated 2/19/01 21 List of Exhibits Exhibit "A" Legal Description of Neighborhood 1 and Neighborhood 7 Exhibit'%-1" Plat of Property Exhibit "B" Exhibit "C" of Resolution 2000-190 Exhibit "C" Detention and Desilting Basin location Exhibit "D" Security for Detention and Desilting Basin and Street Improvements Exhibit "E" Preliminary plans for Detention and Desilting Basin Exhibit "F" Letter Agreement on PAD fees H:~ome\engineer\lan ddev\donnash'hm 17FINAL.doc Dated 2/19/01 22 EXHIBIT "A" LEGAL DESCRIPTION NEIGHBORHOOD1 BEING A PORTION OF SECTIONS 26 AND 27, TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF. NEIGHBORHOOD7 BEING A PORTION OF SECTIONS 25 AND 26, TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF. PAGE 1 OF 1 :MB C:\windows\TEMP~A14 N7 AND N8 FOR SSIA.doc WO 1413-46 2/13/01 ~.~ !~I: // EXHIBIT_ , '° ~v'" ~ ,~ - ~SOLUTION NO. 2000-190 A ~SOLUTION OF ~E CITY CO~CIL O[ T~ C~ OF C~LA VISTA ~OPT~O MITIGATED ~GATiVE DECL~TIO~ ~N~ N~T]O~ MO~TO~O ISSb~ FOR T~S PRO'CT, A~ ~PROV~G ~~ TO CO~I~ONS No 1 ~ ~ O[ ~ S~Y C~ ~'CH TE~ATI~ Sb~D~ISION ~, C~A ~STA ~CT 92- 02, ~ SECTiO~ 3.20E ~E S~T C~K ~CH P~LIC THE ~ER OF D~LL~G ~TS Y~T ~AY BE BU~T P~OR TO STATE ROU~ -12g [RO~ OLY~IC P~AY TO STATE ROUTE -5~ OP~ FOR P~C ACCESS 1. RECITALS A. PROJECT SITE WHEREAS, the area of land which is the subject matter of this Resolution is die.aromatically represented in Exhibit "A.," attached hereto and incorporated herein by this reference, and eor~,-, only known as, Rolling Hills Ranch, and for the purpose of general description herein consists of approxinmtely 1,200 acres located cast of the future State Routc~125, and north of the existing EastLake Busincss Center ("Project Site"); and B. PROIECT; A.CPLICATION FOR DISCRETIONARY APPROVAL WHEtLEAS, a duly verified application was filed with the City of Chu.!a Vista planning mud Building Depamnent on December I8, 1998, by Pacific Bay Homes ("Developer").requcsting apgroval ofamtmdments to conditions 1 and 3 of the Salt Creek 'Ranch Tentative gubdMaion Map, Chula Vista Trm:t 92-02 and Section 3.2 of the Sa.lt Creek Ranch Public Facilities Financing Plan to allow an increase in the number of dwelling units that may be built prior to Stm:e Route-125 opening for public access ("Amendmtmt"); and C. PRiOR DISCRETIONARY APPROVALS WHEREAS, the developmtml of the Project Site has bcan the subject matmr of various entitlements and agreements, including: 1) a Ger~ral Develo.m-nent Plan, Salt Creek Ranch General Development Plan C'GDP"). pre'riously approved by City Council Resolution No. 15875; 2) a Sectional Planning Area ("SPA") plan, Salt Creek Ranch Sectional Planning ~Area (SPA) plan; 3) Air Quality Improvement Plan (AQIP), Salt Creek Ranch A~r Quali~ Improvement Plan; 4) Water Conservation Plan CW'CP), Salt Cr¢ck Water Conservation Plan; 5) Design Ga/delines, Salt Creek Ranch Design Guddelines; 6) Public Fac/iifies Financing Plan (PFFP), Salt Creek Ranch Public Facilities Financing Plan; and 7) Planned Corrm~unities District Regulations, Salt Creek R~nch Planned Con-mmnity DisnSct Regulations ali previously approved by City Council Resolution No. 19275, and Ordinance 2765 on March 24, 1992, (referred to collectively herein as"Proj oct"); and 02 2! O! !~ED 17:20 FAX 613 409 ,5~ CiT'~ )I3..~.~.~E~$ OirFi<E ~ ~2 Resolution 2000- I 90 --, Page 2 D. PLANNLNG COMMISSION RECORD ON APPLICATION WHEREAS, the Planning Commission held an advertised public hearing on the Project on April 12, 2000, and after hearing staff presentation and public testimony, voted 4-2-1 (Comnnssioners Hall and Castaneda opposed, Commissioner Ray excused) to recom.mend that the City Co,mcil approve the Amendmm: in accordance with the findings and subject to the eondit!o~ listed below. E. CITY COUNCIL RECORD Of APPLICATIONS WHEREAS, a duly called and not/ced public hearing on t.he Amendment wa~ held before the City Council of the City of Chu2a Vista on May 2, 2000, on the Amendment and to receive the recommendations of the Plato-ting Commission, and to hoar public testimony with regard to sa.me; and WHEREAS, thc city clerk set the time and place for a hearing on said Amendment application, and notice of said hearing, together with its purpose, was given by its publication in a newspaper of gea~eral ci_rmilation ia the City, and its ma/15.ng to property owners w/thin 500 ff-. of th= 'exterior boundary of the project at lea.st 10 days prior to the hearing; ar, d WHEREAS. the l:ear/ng was held ar the 5me and place as advertised, mm]ely 4:00 p.m..May 2, 2000, in tb.e Council Chambers, 276 Fourth Avenue, before the City Council and sa/d hem"/ng wa~ thereafter closed. NOW, TI-EEREFORZ, BE IT RESOLVED rlzat thc City Council does hereby find, determine and resolve as follows: .fi, PLA_N'NI.NG COMA, fiSSiON RECORD Thc proceedings and ali evidence introduced before the Planning Commission at their public hearing on the Amendment application held an April 12, 2000, and the minutes and resolu~ior~ resulting therefrom, are hereby incorporated into the record of this pmceediag. PREVIOUS FEER.-$9-03 AND FSEIR-91-3 REVIEWED AND CONSIDERED; FINDINGS; APPROVALS The City Council of the City of Chula Vista has previomly reviewed, analyze& considered, and certified FEIR 89-03 and FSEIR-91-03 for the Project. I,/. COMJPLIANC£ W/iH CEQA WI-IEREAS the Environ.manta/Review Coordinator prepared an Initial Study and determined that, although the proposed Amendment could have a si&n_iScant effect on the cnv/rvnment, there 02'2i'01 WED 17:20 FAX 63.9 409 5884 CITY 31ANAGERS OFFICE - Resolution 2000-190 Page 3 will not be a ~igniiicant effect in this case because mitigation measures have been incorporated and agreed to by the projegt proponent. A Mitigated NegaF. ve Declaration and Mitigation Monitoring Program were prepared; and V. INDEPENDENT YUDGMENT OF CITY COUNCIL WHBP,.F_AS the City CountS1 finds that the Mitigated Negative Declara~on, IS-00-05 has be.'n pr~parecl in accordmce with the requirements of the C3Lifomia Environmental QuMi~y A~, and the Environmental Review Procedures of the City of Chul'a Vista; and W~EREAS The City Council finds that the Mitigated Negative Declaration reflects the iud=pendent judgrnmat of tho City Council cf the City of Chula Vista and hereby adopts the Mitigated NegaUvc Declaratior~ VI. ADOPTION OF SPA In light of thc findings described her~in, t~he amendment to the Salt Creek Ranch Pubhc Facilities Finance Plan, in thc form attached hereto a..m:l incorporated herein m Exhibit "B," is hereby __ approved. VII. SPA FINDINGS/APPROVAL A. TI-/E SECTIONAL PLANN-LN'G A.R.F.A PLA.N FOR SALT CREEK Ra~NCIff (AS AIV[ENDED) IS IN C0NT0tLMOTY WITH ThE SALT CREEK RANCH GENERAL DEVF-aLOPMENT PLAN' AND THE CHUI,A VISTA GENERAL PLAN'. The amended Salt Creek Rauch Public 7a¢ilities Finance, which is a component of the Salt Creek Ranch Sectional Planning Area (SPA) plan, is consistent with the adopted Salt Creek Ranch General Development Plan (GDP) and the Chula Vista General Plan. B. 1-"r-IE SALT CREEl(. R.ANCH SECTIONAL PLANNrNG AREA PLAN, AS AMENDED WILL PROMOTE THE OP-dDERLY SEQUENTIALIZED DEVELOPM-gNT OF THE rNVOLVED SECTIONAL PLANZ~,'I],CG ,~kEAS. The Salt Creek Ranch Public Facilities Finance Plan, as amende<i is consistenl with the Air Quality Improvement Plans, and Water Comervarion Plans a~i will, therefore, Fromote the orderly sequenfialized development of the involved Sectional Plarming Ar=a ~(SPA) Plan C. THE SALT CREEK RANCH SECTIONAL PLANN'OqG AREA PLAN, AS AN[EN'DED WILL NOT ADVERSELY AFFECT ADJACENT L&.N'D USE, R.ESIDFaNTIAL ENJOYMENT, CI[RCU-LAT~0N OR E~NWIRON~M~NTAL QUALITY. 02,21/01 II'ED 17:20 FAX 610 409 55~4 CITY 51ANAGER$ OFFICE P. esolution 2000-190 Page 4 The land uses aze not proposed to be changed within the Salt Creek Ranch Sec'danal Pla,~,qng Area (SPA) plan and therefore will not adversely affect adjacent land use, residential enjoyment, circulation, or enviromr, en.tal quality. D. IN THE CASE OF PKOPOSED RESIDENTIAL USES, TI-IAT SUCH DEVELOPM:ENT WILL BE A.PPROPRIATE .~' .AREA, LOCATION, A.ND OVER-ALL DESIGN ANT) DEVELOPMENT STANDARDS Al:tn SUCH AS TO CREATE A KESDENTIAL ENVI:RON~ENT OF SUSTAExrED DESIR_ABIZITY Aa'CD STAI~LLITY; AN'D TI-L4.T SUCH DEVELOPMENT WILL .'VEEET PE P,.F OP,.M.A-NrcE STAaNDA.RDS ESTABLISI-~D BY TI-US TITLE. The amer. cknents do not involve modifications to the adopted land use plan and thcrefore do not affect the overall design and development standards adopted for the Rolling Hills Ranch planned cornmumty E. IN THE CASE OF RESIDENTL&L USES, THAT SUCH DEVELOPMENT W'LLL BE APPROPRIATE [N AREA, LOCATION' A_N-D OVER-ALL PLAN~'NING TO THE PURPOSE PROPOSED, A_ND THAT SUR.ROUN'DLN'G AREAS ARE PROTECTED FROM A.NrY ADVERSE EFFECTS FROM SUCH DEVELOPMENT. The Public Facilities Finance Plan provides mitigation measures to insure the installation of all neccssary public facilities and amenities pr/or to or in conjunctions with development. Thus, thc additional development authorized before State Route-125 is open for pubEc access will not adverscly affect the surrounding developments. F. THeE STREET AN2) THOROUGI-LFAR. ES PROPOSED ARE SUITABLE )uN~D ADEQUATE TO CARRy THE .a24TICI~ATED TRAFFIC TI-IEP,_EON. The amendments do not involve amendments to the planned circulation system depicted o~t the General Plan Circu~lafion Element and therefore, the circulation system w/l/be improved in accordance with the General Plan concurrent with rlxe proposed development. G. AN'Y PROPOSED tLESIDENTIAL DEVELOPM~EN-I' CAN BE JUSTIFIED ECONONffCALLY AT THE LOCATION(S) PROPOSED AND WILL PROVIDE ADEQUATE HOUS/NG U,'YiTS OF THE TYPES .,-NEEDED AT SUCH PROPOSED LOCATiON(S). The proposed amendments to the SaJt Creek Ranch Public Facilities Finance Plan do not izvolve new res/dent/al development. However, Thc adopted residential uses reflect the adopted Chula Vista General plan and will provide needed housing to Bt, are resid~ts in the ._ Resolution 2000-190 Page 5 THE AREA SURROUNDEN'G SAiD DEVELOPMENT CAN BE PLAN2qED ANT) ZONED iN' COORDINATION AND SU'BSTA~VrL-XL COMI~ATI]Bi'LITY WITH SAS'D DEVELOPMENT. The proposed amendment does not involve changes in the land use plan VIE[. ADOPTION OF AMENDMENTS TO TF~NTAT1-V'E In light of the fi~dings described h. ereir~ tahe City Council does hereby approve amendments to Conditions 1 and 3 of the Salt Creek Ranch Tentative Subdivision in the form attached hereto and incorporated herein as Exhibits "C." Ali remaining conditions of TentatiYe Map No. 92-02 not modified by tl:fis Resolution shall remam in full force and effect. CONSd~QUENCE OF FAILU~R.E OF CONDITIONS If any of the foregoing conditioms fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of suda condit/om fa.il to be so implemented and maintained according to their terms, the City shall have the r/ght to revoke er modify ali approvals hereto granted, deny, or further condition issumace of all future building perrmts, deny, revoke, or furthcr condition all certificates o foccupancy issued und~ the authority of approvals herein granted, institute and prosecute litigation to corapel their compliance with said conditions or seek damages for their violation. No vested fights are gained by Developer or a successor in interest by the Ciys approval o£ this Resolution. X. IN'VALEDITY; AUTOMAIIC REVOCATION It is the intention of the Ci~ Counci! that its adoptien of tids Resolution is dependent upon the enforceability of each and every term, provision mad condition herein stated; and that ha the event that any one or more terms, provision, or conditions ~re determined by a court of competent jurisdiction to be invalid, illegal or unenforceablc, t/tis resolution shall be deemed to be automatically revoked mad of no further force and effe%'X ab initio. Presemted by Approved as to form by Robert A_ Leiter /.~ M. Kaheny Planning & Building Director cC~ty Attorney 02'21/01 IYED 17:21 FA:(- 619 409 5384 CITY 31ANAGERS OFFICE Resolution 2000-190 ~ Page 6 PASSED, APPROVED, and ADOPTED by the City Council oft.he City of Chula Vista~ Cadi£omia, this 13m day of.rune, 2000, by the following votz: AYES: Councilmembcrs: Davis, Moot, Padilla, Salas, ,~ld Horton NAYS: Council-members: None ABSENT: Councilrncmb~rs: None ATTEST: Shirley ~yor Susan 13ige.tow, Ci~7 Cler~ STATE OF CALIFOR.N'LA. ) COUlqTY OF SA_N DIEGO ) CITY OF CHU'LA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, Califorrda, do hcreby certify that the foregoing Resolution No. 2000-190 was duly passed, approved, and adopted by the City Council at a regulax meeting of the Chula Vista City Council held on the 13~ day of June, 2000. Executed this 13~ day of Junc, 2000. Su.~an Big¢low, City Clerk gE3 21 '~I 16:26 -~ -~ I J I I I i I ~HULA VISTA PLANNING AND BU(LDING DEPARTMENT TEN'rA'TIVE ~P ~ENDMEN~ ~ E~IT A EXI:IIBIT B T=mc thc £oll,~.t~g it~n~s t:o Scenario 3./IA [Fka~;~ I) of Section 3.2.9 Sectto~ 3,.2.9 A.de~uac~ 7. ~o~d~ ~olo~ ~figafion m i~00-o5 is comp5cd ~, ~c building cap ~ ~ ~ea~d ~ ~ow bufl~g pe~t is~ce for up to 1,467 cquiv~t dwHTmg 8. B~l~g pe~ sh~ ~ ~ted beyond 1,~67 EDU'~ to a m~.um ~ ~,665 EDU's ~th ~ha comple~mn of a~ i~st ~¢ of ~c fo~o-~ng mprovements: ~mplct¢ ~e ~on of 0I~pic P~y ~ East P~om~ S~¢¢t; or Wid~ E~t ~H' S~t to p~de ~ ~d~U~ westbound ~ma-l~ne at ~¢ East ~ S~t/ Hidden Vis~ D~ L~terse~on_ 9. No ~ Maps coning a,~oject.~mu~v¢ to~ of m~ uh~ 1665 EDU's ~u~ be subject ta approv~ ~out SR-!25 ~sm Olympic P~ay to b~g o~n for public access. $~lt Creek Ranch 3.2-14 Pu33[ic Fac~litie. s Fb~o~ P~n ~_....,, _ ~8IT B-1 T~.~: L~ocli~ Section 3.2.10 o£ ~ S~t T~eshold T~eshold c~p~ce ~ con~ue ~o ~ mo~l~d ~o~h ~e ~nu~ P~g P~ upham. {1992~ B~ed upon Lhe ~c ~y~s by L~scott, ~w & G~msp~n (LLG} p~p~el for Lke S~t Cr~k ~j~t, ~plcmenm~on of ~e ~provem~ id~n~ed ~ ~e ~a~ con~on' and "Sca~o 1/lA" of ~e ~c ~pac~ Smd~ ' ~ _. ~1992] May 17, 1999~d ~ ~o~d~d bi~o~ ~i~on -. ~ ~e~d ;o ~ ~il~R ~rs sh~ ~nted ~and 1,~7 ~U's to a m~um of 1.665 ~fl~ p~ zh~ ~ ~t~ ~vond 1,~7 EDU's to a m~mum of 1.665 EDU's ~d~ ~e comple~on of at Ica~ on~ ~e forty.nM improvcm~ts: ~m~lcte ~he ~ion of~I~ic~av to East P~o~ S~e:; or Wid~ East 'H' S~et to pro.dc ~o ~ ~ con~i~a a ~o{~ ~mula~ve ~o~ of more ~ 166S EDU's sh~ ~e ~bject to a~rov~ ~ho~ SR~12~om Ol~ic Par~SR-}4 Salt Creek. Ram. r_.%, 3.2-18 Pu.b~/c Fan-J/t/es ~'~.ance Plan Exhibit "C" CONDITIONS OF APPROVAL 1. Add the following ne~ condi~ons to Resolution No. 16g34: a) Develops, crt theLr ~ucc~ssozs in intere..~ shal} improve the Project Site with the Project as desc~q, be~ in T~mtive Subdivision M~, Chula Vista Tra~t 92-02, FEI~ 89-03, FSELK 91-03 and MifiKated Negative Declaration issued for IS-00-005, ~xcept as modified by uh/s IL-~solution. b) Ail EDU's b~yond 1,137 and up to 1,665 shall only be consmacted in po~o~ of Neighborhoods 1,4~, 7a, 7b and g as ci~scribed in MI,rD for Is- 00-05, Any chants to the above must be approved by the Dir~tor of pJann~ng m2.d Building, zad may r=quire addidon,xl ~:nvi.ronm~nud review. (Planning) 2. R~vLs= Condition No. 1 of the S~l'i C~k I~*-eb. Term:five Subdivision Map, Chula Vista Trac~ ~2-02, l~solm:ion No. 16834- ,Mth the follow-Lug language (dde*~d text is stffk~out and new t~x't is ........... ~ ...... ) ~ud a) ,Provided that hioloaical mitigation is complied with, the bui,kding cap ~h~ll be increased to allow building pcrmit_is.~ce for up to 1,467 equivalent dwelling units_ b) Buildine pernuitx shall be granted beyond 1.467 EDU's to a maxir~um of 1,665 EDU'a with the completion of at improvement: Cotnvlete the ~ion of Olwmpic Parkway to E~t P.~lomar S,:zeet; or EXHIBIT 'C" T 17 ,S ~-q I W II DESILTATION AREA EXHIBIT D Security for Detention and Desilting Basin Agreement: Cash Bond $35,000 Receipt 02-0036384 Security for Street Improvements: Faithful Performance $ 325,600 Bond No. 6083163 Material and Labor $ 325,600 Bond No. 6083163 H:~home\engineer\landev\donnas\rhrssiaexhibitd.doc FUTURE STORM PER DWG. 00027-05 /~ PROPOSED D~ENS',ON/O~VEflS~GN X~~l / ~//// / ,' - FUTURE[ STORM ORAIN PER DWG. 00027-05 pacif O ay HOMES October 1, 1997 George Krempl City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Re: Letter Agreement for Prepayment of Park Fees Dear George: This Letter Agreement shall set forth the terms and conditions under which Pacific Bay Homes, a California corporation ("Pacific Bay"), shall agree to a secudty deposit for park acquisition and development fees ("PAD Fees") and the related park improvements that were imposed by the City of Chula Vista ("City') pursuant to Resolution No. 16834 as conditions of approval ("Conditions") for the Tentative Subdivision Map commonly referred to as SALT CREEK RANCH, Tract 92-02 ("Tentative Map"). The PAD Fees consist of a land acquisition component and a Park/Recreation facility development component. The PAD Fees are based on the fees in effect at the time each final map is approved. In connection with the Salt Creek Ranch project ("Project"), the current PAD Fees are shown on the attached Exhibit "A". The City acknowledges that Pacific Bay will dedicate approximately 29 acres of real property for park use purposes in satisfaction of the land acquisition fee component of the PAD Fees, pursuant to the Conditions. The Conditions on the Tentative Map require Pacific Bay, at is sole cost, to develop a 7 acre neighborhood park and a 22 acre community park in accordance with the site plan attached hereto as Exhibit "B" (collectively, ~the Parks"). The PAD Fees provide interim assurance of park construction and are intended to be applied to funding such park and recreation facility improvements. Pacific Bay may accelerate development of the Parks/Recreation facilities and pursuant to this agreement, will provide security for the payment of the development portion of the PAD Fees pdor to recordation of the final parcel maps on the terms and conditions outlined in this Letter Agreement. The City acknowledges that Pacific Bay has already deposited the sum of $244,080.00 in PAD Fees that was owed by Developer for a previously approved final map for the Project. Pacific Bay agrees to make an additional secudty deposit for the payment of PAD Fees to the City on or before October 30, 1997, in the sum of $5,357,860.00 to assure development of the Parks. The total amount of secudty for the payment of PAD Fees (and ultimateiy park and facility construction), by Pacific Bay will equal $5,601,940.00 ("Security Deposit"). .- Pacific Bay shall receive a credit against the amount of the Secudty Deposit 2300 Boswell Road. $ui~¢ 209, Chula Vista, CA 91914 (619) 656-4300. Fax (619)656-4306 q~ George Krempl October 1, 1997 Page 2 at the time of recordation of each final map covedng all or a portion of real property subject to the Tentative Map ('Final Map(s)") in the amount calculated in accordance with the PAD Fee Ordinance in effect at the time. In the event that the City amends its Municipal Code to increase the development portion of its PAD Fees prior to recordation of a Final Map, and there is insufficient balance remaining in the Security Deposit, Pacific Bay acknowledges that it shall be obligated to deposit additional sums with the City to make up the difference between the Security Deposit (plus accrued interest) and any increased PAD Fees in effect at the time a Final Map is recorded, subject to reimbursement on the terms and conditions contained in this Letter Agreement. The Security Deposit shall be deposited by the City into a separate trust account and invested in the same manner as monies held in the City's General Fund. Interest earned on the Security Deposit shall be applied toward the security for meeting the parks obligations of the Project. In accordance with State law authorization regarding security deposit accounts, the City shall withhold one percent (1%) of the interest earnings for administration of the account. Pacific Bay shall commence the design and development of the Parks in accordance with a construction phasing schedule mutually agreed upon by the City and Pacific Bay. Such phasing schedule shall be based on resident demand and park maintenance budgets, but in no event shall the phasing schedule authorize development of the Parks later than the deadlines provided in the Conditions. The Security Deposit (plus accrued interest) is solely to be utilized to assure development of the Parks. When Pacific Bay meets certain construction milestones for the Parks as mutually agreed upon via a park construction disbursement schedule, the City shall disburse to Pacific Bay the sums provided in the disbursement schedule from the Secudty Deposit. This agreement does not waive any bond obligation normally required by the City to meet park maintenance obligations of the Developer prior to acceptance of a park by the city. Once the Project's park obligations have been fully satisfied, any balance remaining in the Security Deposit, including accrued interest, shall inure to the benefit of Pacific Bay. George Krempl October 1, 1997 Page 3 If the City determines that Pacific Bay has failed to complete development of the Project or of the Parks within the time frame set forth in the conditions, the City shall be entitled to retain that portion of the Security Deposit equal to (i) the development portion of the PAD Fees payable by Pacific Bay with respect to the number and type of dwelling units on which Final Maps have been recorded; (ii) minus the design and construction costs approved by the City incurred by Pacific Bay. Upon written request by Pacific Bay, the City will disburse to Pacific Bay all the remaining Security Deposit (plus accrued interest) minus any amounts owed the City. In the event any action is brought between Pacific Bay and the City, involving the enforcement or interpretation of any of the terms and provisions of this Letter Agreement, the prevailing party in such action shall be entitled, to have and to recover from the other party attorneys' fees and other expenses in connection with such action or proceeding, in addition to its recoverable court costs. This Letter Agreement shall become effective upon approval at Pacific Bay's Board of Directors meeting scheduled for October 23, 1997. Please acknowledge your acceptance of the terms and conditions of this Letter Agreement by executing below and returning to this office as soon as possible. Sincerely, Pacific Bay Homes n D,ws~on Manager Agreed and Accepted: City of Chula Vista, a Munici~C~oration EXHIBIT "A" PARK FEE SCHEDULE I PAD FEES¢) $2,260 X 2,107 $4,761,820 $1,550 X 390 $604,500 $1,980 X 119 $235,620 $5,601,940 Less Fees paid with NBR 2 FM ($244,080) Net Fees $5,357,860 I1 PARK IMPROVEMENTS(=1 7 ac @ $200,000/ac $1,400,000 22 ac @ $200,000/ac $4,400.000 Net Improvements $5,800,000 (')Schedule of PAD Fees as of this date and may be subject to amendment from time to time. The PAD Fee calculation is also based on a confirmation as to the number and type of dwelling units at the time of each final map approval. (=)Estimates for illustrative purposes only. STATE OF CALIFORNIA ) ) SS COU2NTY OF SAN D[EG0 ) On February 21, 2001 before me, Kimberly L. Stevenson, Notary Public, personally appeared Elizabeth Jackson, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person~rJ whose name(.~ is/a-r-e-subscribed to the within instrument and acknowledged to me that be/she/tkey executed the same in h4~/her,~t.h.~r authorized capacity(Zre~), and that by't'fi-s/her/thoir signature(jr) on the instrument the person~"), or the entity upon behalf of which the person(,~ acted, executed the instrument. WITNESS my hand and official seal S~ATURE Oy NOTARY PUBLIC RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING DETENTION AND DESILTING BASIN MAINTENANCE AGREEMENT BY AND BETWEEN CITY OF CHULA VISTA AND PACIFIC BAY PROPERTIES AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, as part of Salt Creek Ranch Neighborhood 7, a second detention basin is being constructed; and WHEREAS, staff recommends the agreement be approved which addresses perpetual maintenance of the detention basin area; and WHEREAS, the agreement specifies certain maintenance, indemnity and bonding requirements in order to protect the City's interest and assure that maintenance is performed at an adequate level by Pacific Bay Homes until such time as full maintenance obligations are assumed by the City. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the Detention and Desilting Basin Maintenance Agreement by and between the City of Chula Vista and Pacific Bay Properties, 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 Job~. ~a~eny Director of Public Works City Attorney [H:\HOMEtATTORNEY/RESO\ssia SCR Detention (February 16, 2001 (8 27am)] ^'I~ACHM EN'~' ~, FREE RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 No transfer lax is due as this is a com,eyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. (Space Above For Recorder's Use) SECOND DETENTION BASIN MAINTENANCE AGREEMENT BY AND BETWEEN THE CITY OF CHULA VISTA AND PACIFIC BAY PROPERTIES This Agreement is made this __ day of ,2001 by and between PACIFIC BAY PROPERTIES, a California corporation ("Pacific Bay"), successor-in-interest to Pacific Bay Homes, and the CITY OF CHULA VISTA, a California municipal corporation ("City"), with reference to the facts set forth below, which recitals constitute a part of this Agreement. RECITALS A. WHEREAS, this Agreement concerns and affects certain real property located in Chula Vista, California, more particularly described in Exhibit "A" attached hereto and incorporated herein ("Property"). The Property is part of a residential development project commonly known as "Salt Creek Ranch" also known as "Rolling Hills Ranch." For purposes of this Agreement, the term "Project" shall also mean the "Property." B. WHEREAS, Pacific Bay is the owner of the Property. C. WHEREAS, on March 24, 1992, City approved the Salt Creek Ranch Sectional Planning Area (SPA) Plan by Resolution No. 16554, relying in part on the Salt Creek Ranch SPA Plan Final Supplemental Environmental Impact Report 91-03, SCH No. 89092721 ("SEIR 91-03"). D. WHEREAS, on October 6, 1992, the Chula Vista City Council adopted Resolution No. 16834 approving the Tentative Subdivision Map for Salt Creek Ranch, Chula Vista Tract 92-02, and, in accordance with the California Environmental Quality Act ("CEQA") (Pub. Resources Code Section 21000 et seq.) made certain Findings of Fact, recertified Supplemental Environmental Impact Report 91-03, SCH 89092721 ("SEIR") re-adopted the 487/015657-0031 Mitigation Monitoring and Reporting Program for the SEIR. and re-issued a Statement of Ovemding Considerations. E. WHEREAS, on September 23, 1997, in order for Pacific Bay to obtain a final map for the Property, the City and Pacific Bay entered into a Supplemental Subdivision Improvement Agreement, by Resolution 18702. in which Pacific Bay agreed to construct a detention basin to service the Project, prepare a maintenance program for said improvement, and maintain the detention basin for the period of time specified in said Supplemental Subdivision Improvement Agreement. F. WHEREAS, the City and Pacific Bay agreed, pursuant to paragraph 3(b) of the above described Supplemental Subdivision Improvement Agreement, that the City has absolute discretion not to accept the Detention Basin as a public facility. G. WHEREAS, Pacific Bay is required to enter into agreement(s) with City and with the California Department of Fish and Game ("Fish and Game") to implement the detention basin maintenance program. H. WHEREAS, the City Engineer had determined that a storm water runoff Detention Basin, as shown on Chula Vista Drawings 00045-01 through 00045-13, is necessary to serve that portion of the Project east of Hunte Parkway within the Salt Creek Drainage Basin. NOW, THEREFORE, BE IT RESOLVED that the parties agree as follows: 1. Defined Terms. As used herein, the following terms shall mean: 1.1 "Association" shall mean the Rolling Hills Ranch Community Association formed pursuant to the terms of the Declaration. 1.2 "Declaration" shall mean that certain Declaration of Covenants, Conditions and Restrictions and Grant of Easements for Rolling Hills Ranch recorded in the Official Records of the San Diego County Recorder's Office on June 1 I, 1998 as Document No. 1998-0354211 and any supplements thereto. 1.3 "Detention Basin" means the flow-through structure located in Neighborhood 'lA of the Tentative Subdivision Map and on Chula Vista Drawings 00045-01 through 00045-13 which is necessary to serve that portion of the Project east of Hunte Parkway within the Salt Creek Drainage Basin, as depicted in Exhibit "B" attached hereto. The basic purpose of the Detention Basin is to collect and hold storm water runoff while releasing it downstream at a controlled rate. 1.4 "Maintain" or "Maintenance" means to furnish, or the furnishing of, services and materials for the ordinary and usual maintenance required for the operation of the Detention Basin which shall include, but not be limited to such activities as, the removal/ displacement of sand, silt, sediment, debris, rubbish, woody or aquatic vegetation and other obstructions to flow, the control of weeds, grasses, and emergent vegetation, and the cleaning and clearing of erosion control facilities, in accordance with the approved Habitat Enhancement Plan ("Habitat Plan") for Area "A', attached hereto as Exhibit "C" attached hereto, and the 15738803 aO~O/Ol -2- "Maintenance Program for Duncan Ranch Road Detention Basin" ("Duncan Ranch Road Plan") for .Area "B"~ attached hereto as Exhibit 'D" attached hereto. 1.5 ",Area 'A'" shall mean that portion of the Detention Basin generally depicted in Exhibit "E" attached hereto which will be Maintained by Pacific Bay in accordance w'ith the Habitat Plan. 1.6 "Area 'B'" shall mean that portion of the Detention Basin generally depicted in Exhibit "F" attached hereto which will be Maintained in accordance with the Duncan Ranch Road Plan. 2. A~reement Applicable to Subsequent Owners. 2.1 A~reement Bindin~ Upon Successors. This Agreement shall be binding upon and inure to the benefit of the successors, assigns and interests of the parties hereto as to any or ail of the Property. 2.2 A~reement Runs With the Land. The burden of the covenants contained in this Agreement ("Burden") touches and concerns the Property and shall be binding upon, and run with, the ownership of the Property, for which it burdens. The Burden is for the benefit of the Property and the City, its successors and assi~_~ns, 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. 3. Detention Basin Maintenance. 3.1 Detention Basin Maintenance - Area "A". Pacific Bay agrees to Maintain Area "A", at its sole expense, in accordance with the Habitat Plan. Pacific Bay understands and agrees that Pacific Bay is responsible for obtaining all necessary permits, approvals, and certifications, if any, from the applicable Federal and/or State agencies, including but not limited to, Fish and Game, and the United States Army Corps of Engineers. Pacific Bay expressly understands and agrees that, in the Maintenance of said Area "A", Pacific Bay shall conform to and abide by all of the provisions of the ordinances, standards and policies of the City of Chula Vista, the laws and statutes of the State of California, and Federal laws and statutes, as may be applicable to said work. 3.2 Detention Basin Maintenance - Area "B". Pacific Bay agrees to Maintain Area "B", at its sole expense, in accordance with the Duncan Ranch Road Plan, until such time as all upstream ~ading within the Project is completed and erosion protection planting is adequately established as determined by the City Engineer or for a period of five years from the Effective Date of this Agreement, whichever occurs last. Pacific Bay understands and agrees that Pacific Bay is resp6nsible for obtaining all necessary permits, approvals, and certifications. 487/015657-003I 157388.03 a0~-t20/01 -3- if an)'. from the applicable Federal and/or State agencies, including but not limited to, Fish and Game. and the United States Army Corps of Engineers, Pacific Bay expressly understands and agrees that, in the Maintenance of Area "B'. Pacific Bay shall conform to and abide by all of the provisions of the ordinances, standards and policies of the City of Chula Vista, the laws and statutes of the State of California, and Federal laws and statutes, as may be applicable to said work. 3.3 Detention Basin Maintenance - Area "B'. Assumption of Maintenance by City. City agrees to assume the Maintenance obligations for Area "B' after the time period for Maintenance by Pacific Bay has expired, as set forth in Section 3.2 of this Agreement, and provided that Pacific Bay is not in breach with any of the terms or provisions of this Agreement. Upon assumption of Maintenance of Area "B" by the City, Pacific Bay shall be released from its Maintenance obligations under this Agreement, including ali security requirements. City understands and agrees that City is thereafter responsible for obtaining ali necessary permits, approvals, and certifications, if any, from the applicable Federal and/or State agencies, including but not limited to. Fish and Game, and the Federal Emergency Management Administration. 3.4 Securdtv for Performance of Maintenance Obli_oations - Area "B". Pacific Bay agrees to furnish and deliver to the City of Chula Vista, simultaneously with Pacific Bay's execution of this Agreement, and to thereafter keep in full force and effect for the full term of Pacific Bay's Maintenance obligations as set forth herein, Maintenance securities as specified in Section 7 of this Agreement to guarantee faithful performance in connection with Pacific Bay's Maintenance obligations for Area 'B" and to secure the payment of material and labor in connection with such Maintenance of said Area "B.' Pacific Bay acknowledges and agrees that if Area 'B" is not Maintained to City's satisfaction, the sums provided by said Maintenance securities may be used by City for the Maintenance of .Area 'B,' or at the option of City, for Maintenance that is Iess than the sum provided by said Maintenance securities. Pacific Bay a~ees to pay to City any difference between the total costs incurred to perform the work, including, but not limited to, reasonable design and administration of the Maintenance (including a reasonable allocation of overhead), and any proceeds from the Maintenance security. 4. Assi~onment of Area "A'. Pacific Bay represents to the City that it intends to and has the authority, to unilateralIy transfer its Maintenance obligations for Area 'A' under this Agreement to the ("Association") and that such transfer has been adequately provided for in the Declaration and that the provisions described in Section 5.1(c) have been included therein. Pacific Bay a~ees to transfer its Maintenance obligations for Area 'A' to the Association, which shall perform said obligations either by its own forces or by contractors. Upon transferring the Maintenance obligations for Area "A' to the Association, Pacific Bay shall be released from said obligations if Section _5 of this Agreement has been executed to the City's satisfaction. At least sixty (60) days prior to such transfer of Maintenance obligations, Pacific Bay shall give written notice, as provided herein, of its intention to transfer its obligations. The City and Pacific Bay agree that Pacific Bay shall not transfer its Maintenance obligations for Area "B" to the Association. 5. Release of Maintenance Obligations for Area "A'. -tSWO15657-O031 157388 03 aO2F2 IlO 1 -4- 5.1 Assignment. Pacific Bay shall be released from its Maintenance obligations for Area "A." onlx if all of the following occur: (a) Assumption bv ASSOCIATION. The Association has unconditionally accepted and assumed all of Pacific Bay's obligations under this Agreement in writing and such assignment provides that the Burden of this Agreement remains a covenant running with the land and the assignee expressly assumes the obligations of Pacific Bay under this Agreement. The assignment shall also have been approved by the appropriate governing body of the Association by resolution or similar procedural method and approved as to form and content by the City Attorney. The City Attorney shall not unreasonably withhold its consent to such assignment. (b) Association Financial Ability. The Association has proyided the City with documentation, such as the Association's operating budget for the appropriate fiscal year, that shows, to the City's satisfaction, the Association's financial ability to assume Pacific Bay's obligations under this Agreement. (c) Association's CC&Rs Approved bv City. The City has confirmed that there have been no modifications to the recorded Declaration which contained the following provisions: the Association shall be solely responsible for complying with all the terms and obligations of this Agreement, the Association shall be responsible for Maintaining Area "A" in accordance with the Habitat Plan, the Association shall indemnify the City for all claims, demands, causes of action, liability or loss related to or arising from the Maintenance Activities, and the Association shall not seek to be released by the City from the obligations of this Agreement, without the prior consent of the City and one hundred percent (100%) of the holders of first mortgages or owners of the Project. 5.2 Release. When all the conditions precedent in Section 5.1 above have been satisfied, Pacific Bay shall be released by the City from its Maintenance obligations for Area "A." Pacific Bay acknowledges that it has a contractual obligation to perform the terms and conditions of this Agreement for the Maintenance of Area "A" until and unless released by the City. Pacific Bay shall provide the City with all documents necessary for such release, at least sixty (60) days prior to requesting such release from the City. The City and Pacific Bay agree that Pacific Bay shall not transfer its Maintenance obligations for Area "B" to the Association and that such release does not apply to its obligations for Area "B." 6. Pacific Bay's Costs and Expenses. Notwithstanding anything herein to the contras, it is 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 aforesaid Maintenance (except for Area "B" once the City has assumed Maintenance of Area "B," as provided for in Section 3.3 above), nor shall City or City's officers, sureties or bondsmen be liable for the payment of any sum or sums for said work or any materials furnished therefor. 7. Security for Performance. Pacific Bay hereby agrees to procure and Maintain, at its sole cost and expense, in a form and content reasonably satisfactory to City, Maintenance bond(s) in the amount o? Thirty-Five Thousand Dollars ($35,000.00) from a surety approved by a87/015657 0031 15738803 a02/20/01 -5- the City for the purpose of guaranteeing Maintenance of Area "B" for the period of Pacific Bay's Maintenance obligations as set forth herein. Said bond shall remain in full force and ei:fect for the frill five (5'1 year period. Pacific Bay shall provide City with said Maintenance bond ~n triplicate in accordance with the provisions of this Agreement. 8. Indemnity. Pacific Bay understands and agrees that City, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of Pacific Bay, its agents or employees, or indemnitee, related to the Maintenance Activities described herein. Pacific Bay further agrees to protect and hold City, its officers, agents, 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 Pacific Bay. its agents or employees, or indemnitee, related to said Maintenance Activities, excepting any negligence or willful misconduct on the part of City, its officers, employees, and agents. The approved Maintenance securities referred to above shall not cover the provisions of this paragraph. Such indemnification and agreement to hold harmless shall extend to damages to act.iacent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a result of or arising from Pacific Bay's Maintenance Activities as pro,tided herein. It shall also extend to damages resulting from diversion of waters, change in the volume of flow, modification of the velocity of the water, erosion or siltation, or the modification of the point of discharge as the result of or arising from the Maintenance Activities. The approval of plans for the Detention Basin and any related improvements shall not constitute the assumption by City of any responsibility for such damage or taking, nor shall City, by any approvals, be an insurer or surety for the Maintenance of the Detention Basin and any related improvements. The provisions of this para~aph shall become effective upon the execution of this A~eement and shall remain in full force and effect regardless of the City's acceptance of Area "B" for Maintenance. 9. Govemin~ Law. This Agreement shall be governed and construed in accordance with the laws of the State of California. 10. Effective Date. The terms and conditions of this Agreement shall be effective as of the date this A~eement is recorded in the Official Records of the San Diego County Recorder's Office. 11. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be original and all of which shall constitute one and the same document. 12. Recording. The parties hereto shall cause this Ageement to be recorded in the Official Records of the San Diego County Recorder's Office within thirty (30) days after this Agreement has been approved by the City Council and prior to any other instrument relating to the formation of the Association, including the Declaration. 13. Miscellaneous Provisions. 13.i 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 par~y 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 Department of Public Works/Engineering Division 276 Fourth Avenue Chula Vista, CA 91910 Attention: City Engineer PACIFIC BAY PROPERTIES 2300 Boswell Road, Suite 209 Chula Vista, CA 91914 Attention: Liz Jackson, Division Manager 13.2 Captions. Captions in this Agreement are inserted for convenience of reference and do not define, describe or limit the scope or intent of this A~eement or any of its terms. 13.3 Entire Aareement. This Agreement, together with any other written document referred to herein, embody the entire agreement and understanding between the parties regarding the subject matter hereof and any and all prior or contemporaneous oral or written representations, agreements, understandings, and/or statements shall be of no force and effect. This Agreement is not intended to supersede or amend any other agreement between the parties unless expressly noted. 13.4 Recitals: Exhibits. Any recitals set forth above and any attached exhibits are incorporated by reference into this Agreement. 13.5 Compliance with Laws. In the performance of its obligations under this Agreement, Pacific Bay, its agents, and employees shall comply with any and all applicable federal, state, and local laws, regulations, ordinances, policies, permits, and approvals. 13.6 Authority of Si~atories. Each sig, natory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that ail resolutions and/or other actions have been taken so as to enable said sig-natory to enter into this Agreement. 13.7 Modification.. This Agreement may not be modified, terminated, or rescinded, in whole or in part, except by written instrument duly executed and acknowledged by the parties hereto, their successors, or assigns and duly recorded in the Official Records of the San Diego County Recorder's Office. 13.8 Severabilitv. If any term, covenant or condition of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term. covenant, or 487/01§6574)031 15'/388.03 a0~-r20~ I -7- condition to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term, covenant, or condition shall be valid and be enforced to the fullest extent permitted by law. i3.9 Preparation of Aareement. No inference, assumption or presumption shall be drawn from the fact that a party or his attorney prepared ancot drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation and/or drafting of this Agreement. 1N WITNESS WHEREOF, the parties hereto have duly executed this Agreement to be executed the day and year first hereinabove set forth. CITY OF CHULA VISTA PACIFIC BAY PROPERTI~F_,,S Shirley Horton, Mayor · -' . .r. Llz Jackson, D~v~s~on Manager Attest: Beverly Authelet. City CIerk Approved as to form: John M. Kaheny, City Attorney STATE OF C AL[FOP,,NIA ) ) SS COU~2NrTy OF SAN DIEGQ ) On February 20. 2001 before me, Kimberlv L. Stevenson, Notary Public, personally appeared Elizabeth Jackson, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person~) whose name(~ is/-a-[-e subscribed to the within instrument and acknowledged to me that-he/she/thoy executed the same in t~/her/thcir authorized capacity(los), and that by l~'ner/:E:ir signature,(Z) on the instrument the person(g), or the entity upon behalf of which the person(~) acted, executed the instrument. WITNESS my hand and official seal SIGNATUREy0F N-~TARY PUBLIC /--/d EXHIBIT "A" LEGAL DESCRIPTION NEIGHBORHOOD7 BEING A PORTION OF SECTIONS 25 AND 26, TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF. NEIGHBORHOOD8 BEING A PORTION OF SECTION 26, TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF. PAGE 1 OF 1 :MB C:\windows\TEMP~A14 N7 AND N8 FOR SSIA.doc WO 1413-46 2/20/01 EXHIBIT "B" LEGAL DESCRIPTION AREA "B" - DETENTION BASIN A PORTION OF CHULA VISTA TRACT NO. 92-02, SALT CREEK RANCH, NEIGHBORHOOD 7 UNIT NO, 3, ACCORDING TO MAP THEREOF NO. RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY PAGE 1 OF 1 :DBS M:\lA13\046\Legal Descnptions',All DETENTION BASIN.doc WO 1413-46 Z/5/01 { VICINITY MAP NOT TO SCALE DRAINAGE EASEMENT FOR / ouNCA~ SEDIMENT CLE AN- C~,,/"T W~TLANO um~nON S~TE LOCATION OF METER &: P.OC. ,' LOCATION OF \ ,~ PREVIOUS WETLAND PHASE 1 ~,/ MITIGATION SITE LOCATION '--RECLAIMED WAZER -,~,~ F ~"=20~' SIGN (SEE DETAIL 'E'} llABITAT ENllANC£~I£NT PLAN FOI~ I~lPACT~ 1-0 AUI~ISDICTiONAL W£TLAND~ PllA$1~ (DEY£LOP~I£NT PllA$1~ 2A ~ ~B) i~OLLIN(i lllLL~ I~ANCUI CITY Oi~ CilULA YISYA, CALi£OI~NIA Prc?ared by: &ASSOCIATESI 605 Third Street Encim~as, Calffomia 92024 Con:ac~: John ;!,[inchin (760) 942-5'I47 ?rolect No. 2499-01 ~IAY 2000 Habitat Enhancement Plan · Jurisdictional Wetlands Phase (l~olling Hills IEanch Development Phases 2A & 2B) TABLr or CONTI NT5 Section Page 1.0 INTRODUCTION' 2.0 EXISTING CONDITIONS 2.1 Wetland Vegetation Communities 2 2 Sods and Junsa~ct~ona..~r 2.3 Mitigation Skte 3.0 PROJECT DESCRIPTION AND IMPACTS 3.1 ?rojec: Description 0.2 Impacts to Wedanas Due to ~hase 2A and 23 3.3 ACOE Impacts 3.4 CDFG ~mpac:s 3.5 ~,, . ~- ;~ ~ ~ R~-tatory, R~u,r.m~,~ ........................... 4.0 REVEGETATION PLAN 4.1 Sire Location ........................................... 4.2 Site Preparation ............................................ 4.3 Grading and Weda~,.d Hydrology ................................ !;' 4.4 Weed Concrol ................................................. 4.5 Soil Femiizadon .............................................. 4.6 Inter:ace of Waikway and Traii stems .......................... iF 5.0 PLANTING DESIGN ............................................. 1,z 5.1 Plant Materials 5.2 ?lap.: Densities, Arran§emenr. and Species Comuosi:ion ........... 5 3 As ......... , - r3 t1~iIi t. OnGltlOnS ...................................... 6.0 SOURCES OF PLANT ~vL&TERIALS ,AND LEAD TIME 23 5.1 Contract Growing 23 5.2 Lead Time ~labitat £nhancement Plan · Jurisdictional Wetlands Phase i (l:~olling ilills i~anch DeYelo0ment Phases 2A & 2B) TABLI= OF CONTI~NT,~ (ConzT~ue~/) Section Paqe 7.0 INSTALL&TION ........................ 24 71 Preiiminacv Schedule' . 810 IRRIGATION AND WATER SOURCE .......... 25 9.0 EROSION CONTROL ........................... 10.0 M-&INTENANCE AND MONITORING 10.1 Maintenance 10.2 Schedu:.e of Maintenance [ns?ec;iozs ......... 10.3 Monitoring Plan 29 I0.4 Duration of Monitoring Program ................ 29 10.5 Performance $:andards ...................... 30 10.d Moni~orin$ Methods ........................................ 31 11.0 DOCUMENTATION .......................................... S2 11.1 Conservation Easemep,: ...................................... 1t.2 Az,muai Progress Reports ....................................... 32 12.0 CONTINGENCY MEASURES ...................................... SS 13.0 FUNDING MECHANISMS .......................................... 33 14.0 LITERATUtLE CITED ..................................... 34 Habitat £nhancement Plan · Jurisdictional Wetlands Phase I (l~ollin~ I~iils l~anch DeYelopment Phases 2A ~ 2B) TABL£ Or £ONTI=NT$ (Contiaaed} Page LIST or Figure 1 Regional Ma? .............................. ! Figure 2 Vicinity Map 2 Figurs 4 [urisdic:ional Delineation Map with Proposed Impacts ....... 5 Figure ~ ~.._~ion ~nd ~ire Grading ?!an ........... i0 LIST Of: TABLI=$ Table ! 5umma~ of Project Impacts on jurisdicrionai Areas ................. Table 2 Container 5toci< and ~ee~ Mix ~pecles ~or Riparian Revegetadon ..................................... 2o0 Table 3 Tree and Shrub Ptan.-'ing Densities and Spacing .................... 2 Table 4 Wetland Hydroseed Mix ...................................... 22 Taoie o U~iand Transitional Hydrosee~ Mix ................................ APP£NDIC£$ Appendix A Wi~ace_aboraro:~es Soils Aaaiysis Appendix B ,~i,~orma Wat~, QuaEuy Conrro! Board Section 401 C--r,r,;=~,¢~ Aopendix C Caiilornia Department. o~ Fish ind Came 5rreambed Section !503 Appendix D Army Corps of Engineers Permit A~iicarion Appendix c .x~:..n~ ~dls RanchJurisdictiona! De!inearion llabitat £nhancement Plan * Jurisdictional Wetlands Phase (i~olling ili115 l~anch Development Phases 2A 1.0 INTRODUCTION norzhweszoE:heO:ayx~se.~. ~ ~.~,=,.~-~=~_.c,om~_oseo~:* oareasnc--~ .... ~nd Road. Elevations. '~**- ¢--'~ .... ~rom~0 ..... 0¢ . mean m=]O~ roads. Resclu:ion No. i6555 (Sep:ember 25, 1990) of :he Ci:v Council of :he Chy :f Chub. approved and imposed amendmenzs and condi:ions Pot ~he Sah Creek Ranch SPA Pin Tls included the public f~ciii:ies Financin~ Plan. :he Wa:er ConsepzKion Plan, :he Air luaii:v lm~rovemenz Plan, :he Design Guidelines, :he CE~. Findings, and :he ,~.oni:oring Program. k also adopted a S~ ....... : o~ Cvezz:c:n~ uons~c~,:~,o~s ....... :-- ~ :h~ necessaw General Plan Consistency Rndings. The Ntidgation Moni:oring Program smwes :he dual purpose .of v**:~,:%.n=' ,i : ~m..~._.c..*. ~ ~i,~, - --' ---' ~i~i s~tonmeasuresrort eprooose ~ ~ , ~n ~=-:n~,~r~ - mcluaes a numoer off mki~adon measures :or impac:s :o mmoS~cal r~sources. TF.~ :irs: o~ obese is :ha: :he pro,er: applican: shall .... comply wkh ~he measures oudined in ~.-'~ ~r.~..~ ,~-a~. Habkac Enhancamen~ Plan :or ~al: Creek Ranch (Ko ~ON 1...),__~..~;~4_~ :o herein as - .~ ,._'~ Plan/durin~ ag s:ages of deve!o:men:. The Plan (RECON t991) was xeparea :or :ne sursose of impiementadonof:heencire ..... ,~ ~:~ ~,,'~ ~=-4i, ~ .... ' ' ~ Coronado 1" = 8 Miles Roiling Hills Ranch Development Phase 2A tx 2R FIGURE Habitat Enhancement Plan for Impacts to Wetland Vegetation Communities -] ._ Regional Map ...... . __~.~.~ ~ -__ ~.- . . ~ .... ~ '-f~' . ~e~e~.,~v '-~_- . . ..... ~ .~- --~,--~ ~ -~- ~E M~P SOURCE: USG~ 7.5 ~inu~ S~, Jamul M~un~a~ns Rollin~ Hills Ranch Development Phase 2A & 2B Habitat Enhancement Plan for Impacts to Wetland Vegetation Communities 2 ... Vicinity Ilabitat Enhancement Plan · Jurisdictional t~etlands Phase 1 {I]ollin~ ~1ili$ IEanch l)evelopment Phases 2~ ~ 211) .... s_.au~on plans a,- devdoped :o: subsequent phases o~ :he oro es:. oE wedand impac:s :o jurisdicuionai wedands Phase 1 ~Hedx 2000), resukm~ ~zom P~ase 29. or ~he aevelopmenr and ~o the degree posav!e will ~iso p:e-mxi~a~e ~ ~ ' resuhing from Phase 2B ,3~ uka deve!oomenr Phase 2A mcludesuo*sr-,,- . .... --,:*..L.. nei5koorhoods 1, 7a, 7b, and 8 (~tdure o), including ~he .mphmen~,rzon : -~ .... ' N e~ghborhood 9 Road improvemenrs. Phase 2B includes consr:ucrton o~: ' and an exrsnslon z,'o, -, , previous nao~a~ ennanc~men~ p~an. e:~:ded o~ Proctor VaEey Road (, .on,. 3). ~, ' '~ ¢ ¢ Plan [,3rlmuacrs Co...m n.ries~orb=: Phase 1 , DUDzK reoruaW !1. 1998. was pre~ared for Pacific Bay Homes .~_d~..ss ,v impacts and midgacion requirements from an ~.:h~. pk_~. or cae development wi~h road imvrovements. Thac urevious, repot: accres~e; wedand im~ac:s, .--<-]~, ........ ~ ~ ~an<wayan~ one H ~ ....... <r_..~o~.-nd a~.n.x._' 0' - i o~ deveiopmen:. That plan !ed ~o the developmen: o~ an approxima:a 1 * acre , of Hunr~ Parkway. That work has been comple:ed and is ........ ,-~-~ to herein as ":ne ex:sr'.ng $ah Creek wedaad mitigation sire. This current habitat e~ancemenr plan ~or impacts ro jurisdictional wedands Phase I wetland vegetation communxies within Rolling H~is Ranch Phase 2A and 2B) has been prepared based on topography and grading informauon provided by Hunsaker and Associates, resource agency appEcations prepared by HeEx Environmenrai Planning, inc. (Helix), ~s wee as }urisdicrionat wedand delineations prepared by HeLix (Ag~endices B, C D) 2.0 EXISTING CONDITIONS The RoLEng HiSs Ranch Phases 2A and 2B proiec: area are !ocaced north and south of Proctor V~lley_ Road, east ol~ Mount Mzgue! ~oad and nor;n,,v~s~ oc ~ne Ocay ~s~.von ~ ~ ~' - ~7'~. -~-~'~s'- f anx 2L Elevacionscnsire~, ~roma~orcximareLy550;~ol ~OO/eecabo,,'e.-~ - Ilabitat £nhancement Plan · Jurisdictional Wetlands Phase I (l~olling I~ills i~anch Development Phases 2A u .... ~_~ac.d .......~el,, annual (non native) Srass:and; and coasca!o%~-:~ scru:. 2.1 Wetland Vegetation Communities _ zn'¥ ~.ronmen:ai P!anning, A _~.s:..~ona. ~.e::neac:on s:udy w~s conduc:ed by HeEx ~ncorporaced, ~or Ro~iin~ Hills Ranch. Their ~indin}s o~ wec!an~ areas onsi:~ uneer jurisdiction o~ che ~'mced' 'Scaces Army Corps o~ ~%m...~ ~ ~' ~-*' (ACOE) and cee Cafffomia De:artmenc o~ Fbh and Game (CDFG) were documence! m :he~/anua~/25. 2000 eh:ir!ed, Rollins HiEs Ranch ~u~isdic:ional Delinea~ion {Helix, 2000) {APPENDIX E). The repo~: also :oens~neo ~unsdiccionai areas cha: ,,voufd be impacted by ~h. ~o~ose~ Hills Ranch a , - -, - -.~-opm~nc. As part o~ ~ne~r analysis o~ "' ' -- jurisdiccionai H~i;x classified ~i ~m~ac~s into c~vo basic phases: PEase ~ which includes ~m~ac~s incurred chis year; and Phase 2, which includes impacts co be incurred b~.~v__n 2003. Helix Phase t impacts corressond ~o fievdopment Ps. ese 2B ~ - ,-i ~ -~ . ~ .... Neighborhoods l, 7a, 7b and 8. HeEx Phase 2 impacts correspond co deve!opm~nc Phase 2B associated with Neighborhoods 9, 10a, 10b, 11, ~2 and 13. For moro discussion onimsac:s co ]urisdictionat ar~as, see Secnon 3.0 ~rol'ecr Description and I~pacts. A ~raphicaI deFicc:on the development phasing, and jurisdictlonal phasin~ scrate~ by Helix is shown on Fi~u.'~ Y Six iurisdictionat areas were identified as occurring m ~n~ projec~ area. O~ the ]u~sdictionat areas, ~our areas are expected to be impacted by const~ccion o~ developmen: Phases 2A and 2B (~gur~ ~). The ~our jurisdictional ar~as ~o se .mp~cces w~.~ ~denc,~ Drainages A, B, E and F (Salt Creek) by Helix and are described below: Proccor Vafley Road ~s proposed co be extended mrougn Drainage A, an area c!assizie~ as ]urisdiczionalwet!ands, Waters oE the U.S. aris screamoed by oocn A~O~ ant ~D:~. ~' area b located in the southeastern porcio~ o~ she project sice. The draina~ runs ;~ a soucher!y direction cowards Proc:or Va~ey Road and evencuaEv ~asses ,,ro.~n a ~b~,. , ,- , ~ . . ~ ~rom 900 ' ~ ~ norsk tlabitat £nhancement Plan · Jurisdictional Wetlands Phase I (I]olling Pliil$ ii. rich Development Phases 2A proposed road ;-~ ' ',vedandsandwa~er~/,,reamoedafeasoccu:nng' '~-' - ~ ~:e~ r~ -~ ..... ~-.~ ...~- :levanons along ~nzs azamage range ~:om ~00 fee: m ~he ....... ~ · ~:-~ ~he sou:h. The upper :hbd of chis area.o;- ~.~-'~ ann' rocky before ..,r ~eve!s off m:o an ex:s::xg by coastal sage scrub and annual grasses izka ~,'~ grass and ..... - ..... , _ ' ' ~ ..... id~p.~iDed wk~iD aramage =. Located or. ~ne, ~ -~ = ~ou~::,.,v~s~.~.y ~.r_~.o.. /.~.~_~m.. along cms .zriizi~e propertysite. Tkisdrainageruasin~- ,-7. ~-~-i '; ~-~ . x ~-~-: ~ .... ~s dominated sy annual rabm~-~oo~ gra~, sor~ orome (~rom:s soraeac~s), * :* efpasus), Pe~vian pepper tre~ (Sc.~us .moi&): iaurel sumac (:kM&sm~4 /aurrna) ~ageorush (Artemisia ~ahformca), b~oom baccnans (gacz.~srfs sarorhro~aes) and >an marsh-alder. Spray rush, a plane species recogniz~ as senskive by ~he California Native 5ocie~ (S~ner and PavIik, 1994) ~s dominan¢ along the edges of ~he ckannd in c~e upper portions of Dramage E. Salt Creek (Drainage F), a Unked S~a:as Geologzcai Su~¢ey tL'SGS) biueline s~raam, ex:ends along the wes:em edge of the proposed Phase ? ~ ~.v~, and runs ;~ a .... ............ 0 ...... , 121 rlabitat £nhancement Plan · durisdictionai Wetlands Phase I ([~olling Hills [~anch Development Phases 2A ex:s:mg gain Creek we:land mn:ga:non z::e and u[::n:a:e:7 :lrou~h anohher Proc:at Va/ia,/ Road This creek sneeze:is ?esh,,va:er marsh and aikaiine commum:ies south o: Proc:or Valley Ro:i Annual ~rasses snd hydrophy::c as annual rabbis-Soo: grass, perenn:ai E,'egrass :£0:'::,'-: ?~-:,:n~.), ;al:grass (D:s~:c~:':s and alkali mallow (:'~[a/v~.ll,~:/e~ros,:) are ?::sen: norsk of :he e×is::ng we:Land :es:orr:non s::~ :: was determined thac ACOE jurisdic::onal we:iands ,:'ere ~:esen: in :he pian:, so~ and hydroiop/indicators er:den: (He!i:<. The approved developmen: ~o: Phase 2A would occur :o :he oas: and wes: of :he :al: Creek drainage and wiii span north and sou:h of Proctor Vai!ev Road. However, a section of :he proposed Duncan Ranch Road improvemen:s and grading :!ii :ecu!ring from construc:ioa Ne:ghborhood 7, would encroach in:o jurisdictional habi:z: :n Sak Creek tee Hun:e Parkway/Duncan Ranch Road m:ersec::on. :n :he s:oaosed Duncan Ranch Road crossing occurs approxima:ely 1.400 fee: aer:h of :he Proc:or Va:ey Road and Hun:: Parkway intersec:ions and can be iota:ed on :he USGS [amul Moun:ains quadrangie, Sec:non 26. T.:7S, RAW. 2.2 Soils and Jurisdictional Areas The soils within Rothing Hills Ranch are comprised primarily o~ Diablo clay, 9-!5 oercent slopes; Diablo-OHvenhain complex, 9-30 2ercen: slopes; and O!ivenhain cobbiy loam, percent slopes ( USDA, t992). For more specific information on soils occurring in :he da:reran: drainages, ease rarer :o :aa jurisaic::onai ae!inea~io: repot: ~.~.~.~y.~.~ .... _~. ~ ACOE judsdic:ional areas :or RoEing Hills Ranch were calcu!a:ad based uvon the area wedand habitat and o:her ~'Wacers of :he Unked States.:' To:al ACOE junsdic:iozal areas comprise 3.3 acres of wetland, which mdudes the existing 1.2 acre Sak Creek wedand mi:iga:ion si~e, 1.0 acre of ~ ~s Wa:ers of" ,ne ~d.3. and 2.0 acres o~ ouen (farm pond between Neighborhoods 11 and 12). CDFG ~u:s~:c:zona! areas .or Ro.L..= Ranch were calculated based upon the ~re~ of streambeds and ad~acen~ riparian The areas of CDfG ~urisdiction include 5.F acres of wedand, which mdudes the ex!sting 1.2 acre Ssi: Creek wetland mi:age,ion ::sa. 0.5 acre ~: s:zeamcez :nd ~ '~ ([arm pond be:ween Neighborhoods [i and i2). ..... "--'"':----"'"' MayS, 2000 Habitat £nhancemeflt Plan · Jurisdictional Wetlands Phase I (i~olling ilills l~anch Development Phases ~ 2.3 Mitigation Site T..~'~ proposed P-.~n~a::on s~:e ~or' :>_e' L-..~pac~s :3 ,,v~-.:~nc~.~ ~- '~ ~3r- Phases ~ ~ ~ ~ ~s "--,-~,~ m'.nima! we~iand re,ecg:ion bu: was sEiJi considered ~unsdic:zonal '~v._a..~ ms- ~u_ ~ '~ ,'~ ..... pr~sanc~ of :h~ nacessa? w~c!and indicators (Hdix, 2000). Yh~ ar~a supporss a m~:Sow-hk.' ~ ar~a (aourox~mace[y,, ' o0-:o-o0' - [e~c m' wtdm)' aommaz~a' ' 'ov, [acukanv~' ,,v~slanc (sak srass and ~nnual rabbk ffoo: ~rass) and ffaculca:ive (p~r~nnial %'~ ~:ss aris ~lu,u ~. n~ :lan: species. Th~ ar~a had b~en sraz~d by ca::k unci! v~s/ r~c~nc!y. Thus, k shows r~a~:~dy mgh a~r~ of d~s:uroanc~, minimal vegetation and v~q/low haoxac value. T~.._~ pro. posed m..id=azion.= si:~ is comprised, of D~abb clay (DAD) soils. Thre~ sofi sampi~s t~.<_,.-~ ~- m representative, ioca:i0ns wkhin :h~ ~ro:osed, ,.,,.~.~on~-~:; s~:~ and were :ascii by Wallace Labora:ories (~PEHDfX A) lot salinity, pH, and mineral con:ant. Their L21~:.~d'~,-*~ zha: :he soils were slighdy alkaline w~:h pH values .... ~:~:~m~ from 7.74 :o 7. ~: , ~ o[ soil salini:yindica:ed :hoc :he sam:les ::k~ fi:om :h~ (W~iiace, 2000). A m~sur ' iF .......... ' sa~,e":x an~ m~ddle a,.a"~ ',v~ modara:e mgn, just unaer a m~!imno/cm, whereas :ne ..., ....... ' ' frsm :he south end :~s:ed consid~rably hisher_.:~ 8.46 mi!!mho/cm (W~i~a~_, ~_, 2000). Due :o :...~ m~:.' ~h salinicy levels., plant ma:erials '~oleran: of saks will be ,~ui__d.--~ I ne ~alt Creek aramage ~s composed or a oroad., reladveiy f!a: area. wkh .: ~amy: ' ' .ann' ' ' ,v_, :able. ~ ae .... k ~:sel: has created an incised cnanne, m some areas where :.ac slope is steeper. During design and planning ~or :he previous Salt Creek wedand midge:ion site. the so~sen:m~_~' ~ flor the project estimated :he wa:er :ark' ~ a: :ha: location :o ' appro~mazely !0 feet below :he soE surface. To aEow flor adequate estab~shmen: we:iand species, portions o~ :he area will be excavated down yawing ~rom one :o five :o bring :ha area closer :o the anticipated wa:er :able level. The ar~as wiE also be out :o provide a broader area which would be subject :o saturation. DUDEK has developed ig ' " a conceptual gradin~ schem~ for the mir etlon ar~as wmcn w~l! be ' proiect engineers (Fi?rg 5). The result w~i be a mkiga:ion si:~ which optimizes she !evd :aa oasm rdacive ~o :he ground~vacer level, to allow for adequace escablishmen: of wac,ann ~or control!ed ,~r=~ :F a rdacive/y skor: period of time (a mac:er of hours) and still allow e .. , · ~--'~" Ma'yi 2000 Habitat £nhancement Plan · 3urisdictionat 'Wetlands Phase (I]olling Hills l]anch Devetol]ment Phases 2A 3.0 PROJECT DESCRIPTION AND IMPACTS 3.1 Project Description R~: ....dev~,o~m .... Phases 2A an~ ~o Rolling [-[ih[s are si:ua:e~ Homes (projec:-wLcan~, ~.m ...... is ' i~ -' ' . approved Roilin~ Hills Ranch prolect, a .... ~ ........... oom development mc!uae cna cons:ruction o: .Ne:gnoornooa~.,~ 7a.. 7b. ~..u~.'~ ~ zoa~..~' ~ne extension o: Proc:or Valley..xoad; ant offche U.S. Geological .u. zW [ ...... Mountains quadrangle, becnons 2o 3.2 Impacts to Wetlands Due to P~ase 2A and Land surfface mod'flca:ionz, , Eot :h_~-r.o:osed. development, would r~sulc jurisdiction of the U.S. Army Corvs o: :ngme~rs (ACOE) and -' ~ designated by Helix are Drainages ~ B. E - Ilabitat rnhancement Plan · 3ur]sdicrional Wetlands Phase 1 (l~olling Hills i:~anch Development Phases 2A , ~ ..... ds, 0.35 acres i ZD9G .... d 0 1S/O 0.47/'0.08 acre of CDFG space as parr o~ . .... ~.DEC~S are SU~a~_~d boundaries of U.S. Army '- - ...... ~ .......... : "~:-" -' ' ' d} ..... Th:s ' a/sc, a JU~CLC~iO~ W[~21~ E~C S[~ / ~r~ ',V&5 USC .................. 3.3 ACOE Impacts Auoroximate fl'R acre o,.z AC©~ : .... ':/~-;~ ~.,,~-,4~,~..~_ o~ ,~ vouLc permanently [os~ in Drainage A ~;, p_~ .......................... -, .... extension. This area supports primarily coasrM ,=ge scrum annual grasses .._o .}/~,sx.. .... vegetation. Approxima~ely O.ld acre of ACOE;'ur:scicrmza~' : ,,ve:iands/',Va~ers of *~e :r~ ~.~ would iy - ....... permanent [esrin Drainage B by ~,-,~-- r~-I .... ~'~ N--~..~O .... O~ and the road ~.os~i-, -'-~ .... This area suz:cr:s.. :0as:si sase_ scrub. _~,'~ ....... ,.a=e~- -: - ~-: :--~,:':-;' marsh communities. Habitat L=nhancement Plan · Jurisdictional 3*erlands Phase 1 (l~ollin~ Hills 12erich Development Phases 2A & 2B) 3.4 CDFG Impacts area supports csascaI sase scrub, annual }rasses ~nd ,R~ s-,~=k,-~,- v~.~n lose mDraina~e B by pro~ecc ~m~lemen~ac:on or Ne~F. oo...3~,~ ~ ~on~_u~:cn anc crossing. This area supports coas~a! ~ge o~.u~. ~:asses ..~,~w~_.~-~- ...... ma:P. com~unkies. A:oroximace/v 0.!3 acre of CDFG ;urisd~o~io-'al ' ' iosr ir. Drainage E by proiecc impiemen:a~:on of N'eighborh3c.i i coast:ucc!om The area is vegetated by coas:al sage scrub, annual grasses and ,.?~.o?n/ Approximace!y 0.06 acre Drainage F (gal: Creek) by proiec~ m-~plemen:adop. and the Duncan Ranch Road improvemen:s. This area suppor:s annual grasses and hydrophytic vegetation. Table I shows anticipated impacts to CDFG Nnsdicsionai we:Lands. 3.5 Regulatory Requirements Ilabitat Enhancement Plan · Jurisdictional ~etlands Phase 1 (i~olling I~ills I~anch I)eveiol~me~t Phases 2A & 2~) clearing. Ca!i~ornia Regional l~Va:er Ouaiiuy ~_on:ro[ Boar~ ica",% OeB}. and ~erm.:,~ CDFG. A kanons wkh uN',~GC~. Au~,z -.**-~, HeEx and cop~es are mc~uaea _ ~p~na.c_s ~. . To~a/ACOz urisdiction ~o ae :msaczea. as a ~-s~, 3~ ~ .... 3~:~¢. a.~2,_.~: ~: Phases 0.55 acre. CDFG urisdiction t.o be ~m?,~~z ay Phases v~ a:2a 23 ~ '~,'~ ..... o 7{ acre. CDFG de~ines ~ ..... as"a' '. ' ' ~ . ~hrougn a bed or channel havm~ banks and suuuorts nsn 3r ocher aauanz :z:e. z h~s inc"udes CDFG 1603 streambed ai~eration ag:eemen~ will be reouired ~ior wedand wkhin CDFG Ncisdic:ion. An a~/icadon. . f.or a ld03 s~reambed -' CDFG l!y or under a ca:egorica/ exemption, ize genera reauires s~reambeds or a~!acent ~iparian habitats be fuil,,/mitigated a~ area ~o assure 2o ne~ loss of we:lands. 4.0 REVEGETATION PLAN ...... The midganon for ~he loss o~ !urisdic:iona, h Ii f ......... ' Owin :o c eiow~ua, rye ACOE a~. piica:ion ,,/~=~=~;n .............. y May 5. 2COO - - Habitat Fnhancement Plan ~ Jurisdictional ~*edanO,$ Phase I (l~olling Hills l~anch Development Phases 2& & 2 t~) 7, wiil be evaluacid ' ' ....... ' ' porrionorSalr Creek~ocacea'":" '- ' Heighborhaod 7area. m. ~rom :he creek area in 1999 aha ,,,,1' ~ ...... e :o plan: materials and r~.roughou~ r'n~ Long :erin .._nc_n_.u ..... o~. 4.1 Site Location ~..~r_y within the Rolling nii:~ ..... broad approximately o0-~0-30 ~.-r iP. ~v!d[ ~ ' ~ ,_!;'-. ~f~a ~ racukanve wetland sak grass aha annua! raom~ foot grass) aha '= grass and alkali mallow) plan: s?ecies r.z,o,~r,...0. - 5~,. Wetland plan: species .4a-,~-:-,_ b blyd 5 dd b area includes a sezrion of 5ak Creek a::roximardy., ~0 rO !30 fee: wide which would be divided by :he proposed Duncan ~ ' Roaa crossm* The rsvegerarion area would be :ermanendy presaged m conse~anon' o:en vegezanon and wgdhre hamra:. 4.2 Site Preparation area Any clearing o~ native vegerar:on ,,virn!n cna weriinz miramar!on -' as nesting sites for resident ...... ~__.~.. : .......... o ........ breecmg" season ~or birds (Marzh .' .... ---o-- .... [5). L.ea.in~ ~n~uid ~ni> :c ghi5M h if hi .... -u:,.,.~x- ke:zcneJu:ing period, ' ~ ob cai ......... ' -'~" ~,'-~ ..... ' ~ '- - Habitat £nhancement Plan · Jurisdictional ~*etlan0s Phase {i:~olling ilills 12anch Development Phases 2A & 2B) " k ( ' ' 2000) " ' ...... Wiiiace, The ~mendmen~s acepcnof ' ' ' [fposs e. s,zm5`x ....... c.__:coscn:: ~-: .... ':~ ~ ....... szxmcaes ib[ Dt .... ~ .... ' ' "' im2hmen:auon .......... project applicanL 4.3 Grading and Wetland Hydrology To provide a more appropriate a.uc expan,zeo .............. ' success or ,h~ r.v~oe.at_on prog,=m., ta. e reve~e:ac:on sLra szan pe ~-=, planting areas. This w~ provide a death :ow.,-- .... ~abi_~ ~ oi_ps.~xl...=,Zy= -~' ,~--=, 2v.-' = co e:gn:' :se:' below the sod surface, which will._ be adeauace, :o support ak, plane ~pe.~s- -:~ joxc~e_~ . ~ - a _o,; - -~-.._;_ a slope gradien~ ran n rom 2-4 ~o spread out the wa~er dismbu~2oa < -~ ,~h ~- ' leasing ~o a ~ora --~, ~,~s ' condkion. Addkionalnuisancew~:ar~!owfroms~orm~rams~.~' . ....... ~h~:~_ _d~ac; ....... ~,.4~ '--~r '~' ...... ....... , pi "' ,v wfii hain sup amen: natural a:~roximatdv !0-15 feet ' . . , 3elO,V ~-%t SEt.aLt .... ..O=-.; , .=.,.-..~.~ ..(,_,: ..... r~ve~eta~ion areas has been...c~.~-~,~n-=~s ....... mud -R~ u~=.~:~=. ...... . !es:.~n. ,,,'~..~_'~ su:'.L" -~-'-: --'5 ....... n= ~nc~r~a and aiiow,.ng rgr m.m~m.u m :"--:,'- :: .... ....... in=~ .... /~.t under cbs Duncan_%!222' : _xaaa ~ ' /rz~olx~ ............... =-" : -'~ :--,-', ..... "- '.-~ ......... ' ....... I-labitat £nhancement Plan · Jurisdictional Wetlands {i:~olling i-liils I:~anch Devetol)ment Phases 2~k 4~ 215) 4.4 Weed Control (4) light exclusion. Physical {hand) removal o~ non-ha nye scec:es/weeds.~;' -=~_.. .... ~o--~ __:,~..._~-.-~:~ (Sa/sc& rra~s), cocldebur (lfaml,'~m .... ==,~s~=~, .... ~ :.z:g.) commums) should be han2 ..... ov ~c oe.o~. ~__->e~. ' ' ' me:hod, bur requires :kac maintenance r..s~ ....... e ......... } native plantings and non-native weeds. This m~h,~ ' may oe ...... - ..... ~ ~' (_~fe/flor~s spy.'. Because these OPM/va Fa,'w'flora), trestles (u~rcmm spg.), and ~v~__-~.ov_. . species are fast growing, k is critical mac they =r- conrro!!ed beffore -' ' . ~ ~n~y shade and ous- compete native plantings. Chemical control shah oe u~ed o;=/,o, aa~d-co-u~n~o~ spe__s/w~.ds ~u~h as giant resd ¢4runao aonax), ~aman~;< { ~ ;:m.qr.x sFp.), and oam2as gr~ss (C ) ' ~ ' by orraderia sellowiana Cn~mxcal.soncroi sha!l~~_o,..m ........ ...... ~.s~ a ~ ......... .... ;'~ ~es: ...... : advisor ,,sing ma~nais ~,-----~: - in -: .......~: '~,~ biocks ';~:: :o zhe soil surface. Such ~ ........ : ..~n. - --,--~;~- inc/uds mulch..._,~.~..~ boundaries Flabitat i_=nhancement Plan 4~ Jurisdic[ionat ~Fe[lands Phase (l~olling Hills I~anch Development Phases 2A & 2B) 4.5 Soil Fertilization 4.6 Interface of Walkway and Trail Systems _~r~:_ ~s a mitigation sire/keep ouc. "Reclaimed Water - Do Not Drink"' s:zns_ ,.v_;7 also be pos:ed along :5e perimeter o~ the miriganon 5.0 PLANTING DESIGN 5.1 Plant Materials A rrixture oP ~,ativ_ trees. ~,~ ~ - , shrubs and herbac-'ous clan: s~ec:es w2i x~ used :.n :he revege:adon effort, and are mrended ~o resemb!e as closeiy ~s possm[e ~ne ryptcai ~ssem,[age o~ s~ecies, in naruraliy occurring riparian habka~ in :he ~- e-,~ ...... re~,-o.~n suitable :o ,uropc: are' condkions (Table 2). ?lan: marerials ~or :he.~v~=e~a,_,n~ '~ ~ -i~ ~_:o~-;: -inciude 1 gallon con:ainer stock o~ :ree and shrub species, and a seed mixes io: kydroseeding. Con:airier :lan:s and seeds shall have the. lowest posoib',~-'~,- conraminancn. T:~.- seed ...,.,~ .... - ~:~ :s:ommenisd ::: provide a diversky of undersroq/ suecies ,.~ 5uoD[emcfx. . ~-'.~rz~r.... Y<'~r;~°-:2 ...:~ ~r-. ........ -;~ we:hnd and upland -- -; ...... Habitat I~nhancement Plan · Jurisdictional Wetlands Phase I (l~olling Hills I~anch Development Phases 2A it, 2B) TABLE 2. CONTAINER STOCK AND SEED MIX SPECIES FOR RIPARIAN REVEGETATION (Southern Willow Scrub/Alkali Meadow Creation Areas) S:ecies Eot Container Stock - Trees Salix lasiolepis - arroyo wii!ow Sai:'x :x:%ua - narrow-leaved wi~iow Sambucus msxicana - Mexican eiderberr/ S~ecies ~or Container 5rock- ~hrubs Bac:haris salicifoiia - mu!e~ar lva hayesiana - San Diego marsh eider Juncus acutus var. !eo~oidii - southwestern spiny rush Frankenia salina - aikaE heath 5r~ecies ~or Wetland Hvdroseed A~oiica.:ions Ambrosia psilosrachya - western ragweed Anemopsis cah'fornica - yerba mansa Artemisia douglasiana - mugworr Artemisia palmeri - San Diego sageworr £leockam's macrosrachya -paie spike-rush lsocoma menziesii - coast goldenbush Juncus acurus var. £eopoidii - southwestern spiny rush Leymus condensarus - giant wild rye Pluchea odorara - salt marsh fleabane Soecies Eor Ut~iand Transitionai Hvdroseed Ar2oEcarions Arremisia californica- Cali.~ornia sagebrush £nc~iia californica - Bush sunE!ower £rogonum fas¢icu&::un- Cali~srnia bucb. whea: .~riophyllum conferriflorum - Go.~der,. yarrow Eschscholzia caliform'ca - Caliiornia poppy [socoma m*nziesii - Coast goidenbusb. [somer:'s arborea - Bhdderpod ilabitat £nhancement Plan · durisdictional Wetlands Phase ! (l~olling ilills I~anch Development Phases 2A & 2B) TABLE 2. CONTALNER STOCK AND SEED MIX SPECIES FOR RIPARIA. N REVEGETATION (Continued) Or:kocarpus ~,r?urasc~ns (Cxs~:i:'~/~ e:cser:x - O,,vYs c~ove: ..... a apiana - Whire sage Saiwa mel!ifema - Black sage 5isyrinchium bE!~m - Blue eyed grass 5.2 Plant Densities, Arrangement and Species Composition Creek Ranch. and has ~e~n aclus~ed ~o ~-s: ~.a~led s~re condi~ions -~ ,-~ ~,:- --,- specifications w~ be prepared as a iollow-u: rd :his report and wZi be s ,' ~i=-4 approved by the resource agencies prior :o initiating wedand impac:s. TABLE 3. T~E AND SHRUB P~NTING DENSITIES AND SPACING (For f.75 Acre Salt Creek ~Flitigation Site) ~otan/cal-Common Name) TREES/SHRUBS ~ SIZE SPACING ON CENTER ' 5aiix/a~ioiepi~- arroyo willow 50 % 1 Gallon 12 fee~ T 90 Sa/ix ~igua (h~;ianal- nanow-leaved willow 20% I Gallon 10 feet 90 ~va bay~*iana - San 0i~o mar~h *tder 205 1 Gallon Grouos at 4 feet on :enler 380 -, Ilabitat £nhancement Plan * durisdictionat 'Wetlands (~oiling 11i115 12anc~a l)eveto~)ment Phases 2A TABLE nFcroseed mix wi!! also be " ' :o ...... : ne 'droseed m~x s shoran on T.~,'. ' - umanc tlabitat £nhaneement Plan '~ Jurisdictional WetlanOs Phase i {l~olling I~ill$ I~aneh Development Phases 2& 5.3 As-built Conditions comp[lance wxh ~his Habitat Enhancement PLan. concurrence o~ :he City o[ Chu!a Vista Phngauon 6.0 SOURCES OF PLANT MATERIALS AND LEAD TIME 6.1 Contract Growing ~or :he project, k is ~n~.c.pac~ cna: . with plan:lng mDecember 2000. ;" ' ~ ..... ; ' _x.~.l ..... ~" .... especta tN. ese who normaMy ~row ornamenual soec:es ................. u such as Tree o~ Li~e N'urseW in San/uan Capisrrano, approved equal, should ..... se con~ractac ---i ~ ~l container plant propagules ~aai! nave sources. A seed supplier speciaii~ng an approved equal, should be contracted with ~o supply the sseciiied seed as indicaced. 6.2 Lead Time DtO[O~lSc, EhC C~c~, the Lancscane Contractor. Vista Mitigation Monitoring Coordinator rlabitat £nhancement Plan · Jurisdictional Wetlands Phase i (Ilolling Hills I~anch Development Phases 2& a- 2B) 7.0 INSTALLATION T'r.e ano[/can~ "v : ' "' ..... ' ..... re~edml acuons. The a~olicanr ~s responsible ~or mrm. g a quaiiiied Revegecacion/Landscape Contractor. isa 3AMC or pi - avandLandscaoe~on~rac~orsucenseandwhosm op,~o ..... purposes sr :ms demonstrate T~ ~ [~ o~ ~ecnmques tot growing --~ " - - O a! ssna!!b uved Nhx~C .... Seeding should *e tzmed ro rake advantage or seasonal be oprimally insraSed between io Nov~mc~. and t5 A~rn however, due to me supplemental izrigarion sysrem insradation rake =[ace anytime. Seeds ShOUld be applied during the ~v 1 Jap. uaw) attar ~he ~[rsr suosrannal rains oy hydroseedmg or Insr=llation o~ the plane marshal a: rne mkig~don sirs snail occur following impacts ~o the onsite wedands, in order ~o minimiz= tempor~i ioss wkhix the projec. 7.1 Preliminary Schedule* Task. Site Preparation aaa ~:<cavanon ............. .---. - ........... .,-- irt ar:on lnsraila:ion ilabitat I:nhancement Plan · Jurisdictional Wetlands Phase 1 (l~olling Hills i~anda Development Phases 2A & 28) Task [.~.s :al!a'.!o n beecIa ca 2 Remedial e~or:s Remedial efforts (if requtrea No 'ember-Decer. s~r 1205 Remedial e[forts required) Novemoer-Decsm,oe: construction developmen: ~mniemencacmn schedule 8.0 IRRIGATION AND WATER SOURCE The goal of :he ~ ~ ~ effort crease ..v~oetaEmn is ED a ~uncE!cnlng ne:urn! system carac!e maintaining and suppornng ~:se!f;..~,v~,h~,-~ ,~ :._.,_~:~ .... ,!an:s may ~ecuea su?c:~r, en:z. irrigation for mitiaI escabhsnmen: when mey nave b~n grown m nursep/ irrigation shaE be used solely ~or :he ~ur~ose of estabiishin~ the vegetation ' " ~mporaW m nature durm~: ..... v~-y ....... i.:~_n_nc~/~s~ .... ~nm~n~ ~eriod. can adequately support themse:ves. An ~v~r .... d sorrower system, :o De snorer!ca [ina[ revegetadon construction .oc ..... n~ ,pta:.~ and ~pe..,cat,on~) mr :ne shah be installed to support the container planes and seed. Container plants sh~ as necessa~ to aflow for adequate establishment. Irriganon sha~ last for a maximum years and shah be gradually reduced over this period so~na.' ~ -~ne system' can 'oe aoancon_~ at least one summer prior to :he end of the five-year monkoring period. At :he end five year period, :he sukabili:y of the s~:e :o susaain the revege:ation effort evaluated and, ~t the roio~' of :he revege:a:ion _~a ~o~s not appear z~a:. ,~eriod shall be extended, unzii such a ~,~..... as :he area can be ae!f-reiian~ on Habitat £nhancement Plan · Jurisdictional Wetlands Pha6e l (l~olling Flill$ i~anch Devetooment P~ase$ 2A & - ii d Dhn~s. The existing wedanl ml[i~l!on 3125 uo~vnsuream iro~ cms Drooosed ~ ~ .,-,,t~, =~ 9.0 EROSION CONTROL Standard erosion con:roi measures 'w'i!i be :ncorpor~.ed on a~ disturbed s!oce -:teas Pancin$, ff n~csssa~, wfli be implam2n~sfi as part oP the }radln~ plans for Nm~hborhocc - along Salt Creek. 10.0 MAINTENANCE AND MONITORING 10.1 Maintenance concentrated in the ~irsc ~e,,v seasons s~~r_ ...... ,,, .... ~ ilabitat £nhancement Plan · Jurisdictional Wetlands Phase (i~olling Ili115 ~aneh Devetopnlent Phases 2A $ 2B) .~on.:onng Fenod. may be cleared ff necessaW :o Mlow ~or ~ ' ...... ' ponamg. C) The site shah no: be ~er:ilized dunn~ ;Re ma'.n:~nance sna2 hoc oe pruned. D) Non-nanv~speciesmavlnva~e or 2unng ~he es~aohsnmen~ oc ~h~ desired~.~..,,- ' - ' (Corr2deria spp.), gian~.~eed ,,.,'4.,.,,_,~'. aona.'~,., oas:or-teen R ....... s :omms,~::; ~.i k '~ ,k,s~i~ (Cynara ~ardunc:d~s) and ~r~e mustard (~rassica spp.), (Nico.ana glauca), should be beror_ naey become ~oo large mon:aly ~or the firs~ six monthS, Eot ~-;, ' weedzng snoulc ~e done ~or ~he remainder wkh minimal herbicides used. Specific species above. Addxional species to be removed may aiso be identified by ~ne biologist. E) Carrie shag be excluded ~rom ~ke ~ve:!and ~.v_~_._~mn areas. F) ~ _r..s~ ~: wkhin field~a~us~men~s" ~o cna'~:o:'" ,,v ,_~=.._.~-'*~ ~-',~ ......... ~ ~-; ~. :Ia ...... -: ....~n~c:n'; Habitat I~nhancement Plan · Jurisdictional Wetlands Phase 1 (i~olling Hills I~anch Development Phases 2A ~- 25) ~ - ' O) Frunin~ ,~,~ clearons ~4 Downed Trash_~.~d asSr:s. ?ar~:cu~arly a~ -,ne d~a~n-Se ou::~x ".-~-',~ :,v::i ss .... "~ all man-madema:erials, ~ ,' ~ ~ ~ ........... _~U~U .... n.. or scone cum 2ec. :nro'.,vn. !ex or wasn,t'~-.~-~ 10.2 Schedule of Maintenance Inspections Main:enance inspections shall be conducted by the prolec: o~otog~_s: or nas!~a~-' - specialist weeMy ior :ne ~r~ iour weeks (one month), ,~ monthly :or months, and quarterly ~hereaf~r ~or the r~mainder o~ the ~iv~-ve~r main~enanc~ moni~orin$ period. The purpose o~ ~he main~enanc~ inspections will be ad~ua~ comoi~[!o~' ' o~ ~/ .~s~.y--~' %v~d' -~ ~ris~' r~.~t'=~ r~'~ MMC. --' ' "' ' --- Habitat £nhancement Plan '~ JurisdiCtional Wetlands Phase i (l~olling Hills I~anch Development Phases 2A appropriate par~ies 10.3 Monitoring Plan %~/, .~Oo, and .., snail be submit:ed reports shall also be suom~csea annua pro,eot Noiog:sjnaN~a: rescorac:on specialis:, on oenak o~ ~n~ applican: and snail mc!uae copies off permits _c_v_d ~,,- permit, as weH as the sca:us of each perm~:. 10.4 Duration of Monitoring Program A visual inspection of ali plan: materials will be mac_ ~, .... La=c° .... con:rat:or consultation wish :he project biobgis:/habi:a: res:ora:ion specialist ..... ~,' ~,~ ' " three-month pos~-insca!lacio~ ~ and :hen ~v._/ ,0 -_. · -, o,: .-, firs: yearwziiberepiaced' '' ~ -' ' year. Any losses m. excess o: ~0 ,o ~.3~ ~ne ' m.-~m~, zn'.ess '= nas cetermmed by ~ne projecz bidogis: teac use o[ another species ~nd/or stock size wou~d achieve the reve~e:a~ion pals. Thereat:er, plan~ ma:eria!s will be chec<ed aurmg :ne year period by :he project biobgis:/habi:a: reszor~don specialist as Far: of :he annual technical assessment. Replacemen: p~an:ings w~l be com:ieted each win:er ~s necessa? acmeve a su~iv~l race of 80% for years 2 thrOUgh o. ~ re~iacemenz pLn_~p w~2 ce responsib~i~ of :he develouer or :heir landscape con:rector :o ins:aU and monitor. reports w~ be provided :o :he MMC al:er key mspec:ions. Az the conclusion of :he year, de:aiied evaluations off :he overa~ success of the r~vege:a:ion program shaE completed, including, il -' ~ . ~n~ pr%~am does no~ appear :o be ~b!e :o meet ~:s success cn:ena and consideration o~ ~ow~g :ne ravege~a~ion ~ ..... ~"~ ~= is chosen, a ne~ ~evege[a~ion p!a~ will need ~o be mrezared and ~ .... ~ ant -~ m. aincenance and monkormg programs wiil n--~ :o .. =.,~ ........ ~ approval by :he Cky and ~ ~ ,'-~ -' ' .~ .... SOU:~ }& .*.$ SOCL~.T:.S. Ji'~C.i .. Ilabitat I=nhancement Plan · Jurisdictional Wetlands Phase I (l~olling Hills l~aneh Development Phases 2~ & 2B) 10.5 Performance Standards planting: First Year Performance Standards: 90% sumival of ~!! container 2lanced crees (and/or 30% coverage by wt!!ows from cuttings) 10% coverage of he~bs Second Year Performance Standards: 80% su~ival of ail concainer slan~ed crees (and/or 40% coverage by w~ilows from currings) 15% coverage of herbs ThUd Year Performance Standards: 80% su~ival of ali container :lanced cr~es (and/or ~0 ,,o ~overage by wiiiows ~rom cuttings) 20% coverage o~ herbs Fou~h Year Performance Standards: 80% su~ival o{ afl container planted trees (and/or 60% coverage by ~vi!io~vs ~rom cuttings) 25% coverage o~ herbs Gradual wi~hdrawai of supplemental irrigation. Fifth Year Perfomance Standards: 80% su~ival of aE container planted rraes (and/or 70% coverage by willows ~rom cuttings) Adequate establishment o~ plane macerials co allow ior abandonment o~ :he irrigation system, and 100% reliance of the plant macerials on natural rain/al! and groundwater supplies by the end o~ year 5. Habitat £nhancement Plan · Jurisdictional Wetlands Phase i (l~olling Hills i~anch Development Phases 2A & 2B) Height Standard (£eet) Species Year 3 Year 4 Year 5 Arroyo willow 30 !0.0 Narrow-leaved willow 40 5.0 ~ 0 Mexican elderber~ 3 0 4.0 5.0 Achievement of these performance standards shail be determined in coordination wish :he M-x4C and, if the standards are hoc me:, appropriate remedial measures shall be idennfied and imsiemen:ed in coordination with :he M;x, tC and :he resource agencies. Monitoring shall continue until perfformance s:andards have been achieved :o :he sarisffaction of :he *tMC. 10.6 Monitoring Methods The revegeta~ion area will be subjec: to biological monitoring including qualitative (v:sua! assessment) and quantitative (transect data coiIec:ion) to be performed by a ouali.:i~-; biologist/biological moni:or. The biolo$ical moni:or w~t ~ssess general characteristics ~; cover, siz~ of con:airier planzed zrees, and generaI use off :he revegetazed area by wii~Eh species. Specific data :o be co~ected and analyzed with each monitoring effort include, Fian: height (random sample off each planted species su~ivai of container plan:ed species (random sample by species), native plan: recrui:men: (general obse~adons), vege:a:ive cover (base~ on designated transects), phn: density (based on desi~nazed transects), and presence off pian: pests (general obse~ations). Permanent vege~anon sampling stations will be es:abiished wi:bin :he revegeta~ion areas ac appropriate locations. To de~ermine revege:a:icn suc:~ss. :ransect tines and quadrants will be used :o measure vegetation in bas: I0 percent c~ :i~ :o:aI reve6e:ation areas. Permanent pho:o-documen:anon stations wi~ be es:~biishe~ ~ion~ ~...~.anon transect to record :ne progress o ~ ~he ..v%~:a.ion dev~lopme;_, o - ........ year period. Photographs ~vili ~e taken durin~ :he monitoring sessions. Habitat Enhancement Plan · Jurisdictional Wetlands Phase I (l~olling rlill$ I~anch Development Phases 2A ' ~e b[o~o cai .-p~oni~.ot also will~___,~'~"~r,~ ...... ~x~,.~ need t3 ccn.!nue yb worked ou~ with Che resource agencies and :vt:MC. 1 1.0 DOCUMENTATION 1 1.1 Conservation Easement An oven space conservation easement shah be esrabkshed by the Applicant ;o, the sna~ prokibk any maintenance ans debns removal ~rom .ne s~ eeyond ~na~ sut!ined ~n ~ne maintenance and monkoring program presented in Section !O.O of this Plan. 1 1.2 Annual Progress Reports The Biologist shall prepare and submit annual reports to :he MMC, CDFG and 3.COE outlining the results of each monitoring survey. At the completion of the~v_ ~' ~-y~_~- revegetation monitoring period, a final report wiit be prepared and submitted. The moni~.oring reports shall describe the current conditions of ~he revegeta~ion sites (including resuks of ~he monitoring described above), identify wildlife use of the shes, iden~i~z ail shortcomings of the revegetation effort, and recommend remedial measures necessary. Eot ~he successful completion of the revegeta~ion program. The ~eports also will include the following: · a list of names, rides and companies of ali ~ersons who vresared the con:e.nt of the annual reoort and participated in monitoring activities; · prin~s of an~ro~riace monitoring photographs: Habitat Enhancement Plan · Jurisdictional Wetlands Phase I (l~olling Hills I~anch Development Phases 2A & 2B) 14.0 LITERATURE CITED Bowman, R. H. !973. Soil Sur;ev of San Diego Area. California, Par: 1. rnehx rnvlronment=! Planning, Incor¢oraced. 2000. Roiling HiEs Ranc5 J'u~.oc ..... ,_i Delineation Report. La Mesa, Ca!ifornia. Reed, P. B. 1988. National Est of ptanr species that occur in wetlands: Caiifornia (Region 0). U.5. Fish and WSdlife Ser'zice Biological Report 88 (25./.0). Skinner, M. W. and B. M. Pav[ik. 1994. California Native Plant Society's Inventor-/of Rare and Endangered Vascular ?!ants of California. opeczai Pubhcatzon No. 1. ,otn Edition), Ca/ifornia Native Plant Society, Sacramento, California. 338 pp. U.S. Army Corps of Engineers. 1987. Corps of Engineers Wedands Delineation Manual Technical Report Y-87-I. U.S. Army Corps of Engineers Ware:ways Ex,erimenr Srarion, V~cksburg, Mississippi. I~ 2~99421 ... Habitat £nhancement Plan · Jurisdictional Wetlands Phase I (l~olling I~ills I~ancl~ Development Phases ~ & ~B} · mass tdent:rymg momEormg areas. -'~- ~'-. I=--t,-.o zones, .~. as appropriate; and · an analysis of the establishment oE plant materials and need For continued 12.0 CONTINGENCY MEASURES If an annual perEorrnance criterion is not met for alt or any part:on of the mkigacion project in any year, or if the final success criteria are not met, tlie project applicant/permittee shall prepare an analysis of the cause(s) of failure and, if determined necessary by the MMC and resource agencies, propose remedial actions Eot approval. [f tS.e mitigation site has not met the aerformance criteria, the responsible party's maintenance and monitoring obligations may continue unt2 the MMC and resource agencies give final project permit compliance/ approval [n the event that mitigation cannot be achieved successfully at the designated mitigation si:es, an alternative mitigation location may be identified, to meet the mitigation and permit requirements. 13.0 FUNDING MECHANISMS Funding for implementadon of the revege~ation program shall be the responsibil/ry of :he Applicant. Prior to initiation of the program, a performance bond or irrevocable letter of credk shah be pos:ed wkh the appropriate agency to ensure full funding of the program. The same funding source available for the intended mitigation proiect, as established by the Applicant, will be available for any additional planning, ia-~plemen:arion, and monitoring of remedial/contingency procedures that may be required to ac.k/eve the mitigation goals. ~ 2499-01 .- MAINTENANCE PROGRAM FOR DUNCAN RANCH ROAD DETENTION BASIN IN THE CITY OF CHULA VISTA, CALIFORNIA February 19, 2001 Prepared for: Pacific Bay Homes 2300 Boswell Road Suite 209 Chula Vista, CA 91914 W.O. 1413-46 NO, 47945 Alisa S. Vialpando, R.C.E. 47945 Exp. 12/31/03,~ Vice President Hunsaker & Associates San Diego, Inc. CONTENTS Introduction I References Maintenance Operations and Schedule Cost Estimate of Maintenance Operations I11 Financing of Maintenance Operations Ill Inspection Maintenance Reports IV Grading Plan of Detention Basin POCKET INTRODUCTION Duncan Ranch Road crosses over Salt Creek on a 20-foot high embankment, Drainage through the embankment :s provided by double 48" diameter culverts. The culverts pass smaller storms without detention, In the 100-yr. storm, the water wilt pond above the top of the culverts for approximately one hour, with the water level rising up to 4 feet above the top of the 48" culverts. A portion of the storm water draining into Salt Creek above Duncan Ranch Road wfll be from developed areas, but much of the drainage basin (north of Salt Creek Ranch) is expected to remain undeveloped. The basin is not designed to provide desiltation due to the limited time of detention, Vehicular access to the culvert entrances is provided from Duncan Ranch Road. REFERENCES 1. County of San Diego Department of Publio Works Flood Control Division, Hydrology Manual (rew'sed), January 1985. 2. American Society of Civil Engineers, How to Design Cost-Effective Storm Water Detention Facilities (Seminar Notes), 1990. 3. Hunsaker & Associates San Diego, Inc., Hydrology Study for Salt Creek Ranch, Salt Creek Basin, May 1997. 4. American Society of Civil Engineers, Urban Hydrology and Detention Pond Design (Seminar Notes), 1992. 5. Camp Dresser & McKee et al., California Storm Water Best Management Practice Handbook (Municipal), 1993. 6. International Erosion Control Association, Practical Approaches for Effective Sediment and Erosion Control (Seminar Notes), 1995. 7. Grading Plan for Chula Vista Tract No. 92-02 Salt Creek Ranch - Neighborhood 7, Drawing No. 00045-04, Sheet 4. MAINTENANCE OPERATIONS The maintenance of Duncan Ranch Road detention basin wilt be minimal because of the nominal amount of detention provided. The primary maintenance function will be periodic inspection to verify that the components of the detention basin are in working order. Maintenance operations will consist of: Culvert Entrance Maintenance Inspect entrance headwall and area within 50 feet of headwall for obstructions of brush or debris, or accumulations of brush or debris that could become blockage in a storm event. Remove any accumulated brush or debris from the pipe entrances, headwalls, and area within 30 feet of the entrance. Brush or debris to be removed from the detention basin and disposed of in a waste facility. Inspect area within 20 feet of headwall for evidence of erosion. Repair any erosion near the entrance by recompacting soil, and planting (with or without geogrid reinforcement), placement of rip rap, or other methods as indicated. Inspect area within 50 feet of headwall for silt deposition. Remove any silt deposits within 50 feet of headwall. Recompact and seed in an area not subject to future erosion. Culvert Maintenance Inspect culverts for blockage. Remove all blockage of silt, brush or other debris from the culverts. All debris to be disposed of at appropriate waste facility. Access Road Maintenance inspect access road to verify condition. Fill in any potholes or localized erosion by hand. Remove vegetation from access road. Regrade as indicated to provide a smooth driving surface. Duncan Ranch Road Detention Basin MAINTENANCE SCHEDULE Maintenance should be performed as indicated by the inspections. Inspections should be performed at the following minimum intervals: Any time that the 5-day rain probability exceeds 40%. After any rain event resulting in precipitation over one- quarter (%) inch in a twelve hour period. Once a month from October through April. Once every other month from May through September. COST ESTIMATE OF MAINTENANCE OPERATIONS The attached cost estimate of maintenance operations makes the following assumptions for one annual maintenance and inspection cycle: Seven (7) inspection/maintenance visits of two (2) hours duration each by one-man crew during winter months. Fourteen (14) inspection/maintenance visits of one (1) hour duration by one-man crew during winter months. Two (2) inspection/maintenance visits of two (2) hours duration by one-man crew during summer months. One (1) maintenance visit of four (4) hours duration by two-man crew with hand tools during the year. One (1) maintenance visit of four (4) hours duration with skip-loader and dump truck every other year. Based on these assumptions, the estimated annual cost of maintaining the detention basin is $ 6,000. FINANCING OF MAINTENANCE OPERATIONS The maintenance operations for the Duncan Ranch Road detention basin will be performed by Salt Creek Homeowners Association (HCA) for a period of 5 years. After that time, the City of Chula Vista Public Works Department will accept the responsibility for maintenance. For the 5 years the HCA is maintaining the detention basin, the maintenance will be par[ of the budgeted operations of the HCA, and will be funded by developer and homeowner contributions as detailed in the appropriate documents. DUNCAN RANCH ROAD DETENTION BASIN INSPECTION/MAINTENANCE REPORT SECTION 1 GENERAL Date of Inspection Weather Category rn Prior to anticipated storm event Q After actual storm event r~ Periodic Inspector Title Company SECTION 2 INSPECTION DESCRIPTION O,K. N/A O.K'. COMMENTS Brush or debris within 50' of entrance ~ rq rq Erosion within 20' of entrance iD iD '3 Silt deposits within 50' of entrance [] :D [] Culverts clear of debris iD [] :] Access road clear of vegetation [] ~ [] Access road smooth driving sudace [] F~ 'q SECTION 3 MAINTENANCE (Provide written description of any maintenance performed) SECTION 4 ACTION :D No maintenance indicated. D Minor maintenance performed per Section 3. [] More extensive maintenance required at later date. SECTION 5 CERTIFICATION I made the inspection and performed or supervised the maintenance indicated above. Signature DuNC // MAINTENANCE AREA II EXISTING WETLAND AREA PER DOC. NO. 19~8-044508 \ / \ \\ IHUNSAKER ASSOCIATES RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING GRANT OF EASEMENT AND MAINTENANCE AGREEMENT BY AND BETWEEN CITY OF CHULA VISTA AND PACIFIC BAY PROPERTIES AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, Rolling Hills Ranch HOA will be maintaining the median and parkway areas of Proctor Valley Road, Hunte Parkway and all public areas; and WHEREAS, separate agreements are required for the grant of easements and maintenance of thoroughfare medians and parkways within the project to implement HOA maintenance of public areas; and WHEREAS, the agreement specifies certain maintenance, insurance, indemnity and bonding requirements in order to protect the City's interests and insure that maintenance is performed at an adequate level by Pacific Bay Homes until it transfers its maintenance obligations to the project's HOA. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the Grant of Easement and Maintenance Agreement by and between the City of Chula Vista and Pacific Bay Properties, 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 ~o~U~. ~ahe~y Director of Public Works City Attorney [H:/H OM ELATTORN EY\RESO/SCR Easement Maint (February 21,2001 (12: 8pm)] ATTACHMEN'I FREE RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 (Space Above For Recorder's Use) SECOND GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT (DEDICATED EASEIVI~NTS ) THIS SECOND GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT ("A~eement") is made this day of , 2001, by and between the CITY OF CHULA VISTA, a municipal corporation ("City"), and PACIFIC BAY PROPERTIES, a California corporation ("Pacific Bay"), successor-in-interest to Pacific Bay Homes. RECITALS A. WHEREAS, this Agreement concerns and affects certain real property located in Chula Vista, California, more particularly described in Exhibit"A" attached hereto and incorporated herein ("Property"). The Property is part of a planned residential development project commonly known as "Salt Creek Ranch" also known as "Rolling Hills Ranch." For purposes of this Agreement, the term "Project" shall also mean the "Property". B. WHEREAS, Pacific Bay is the owner of the Property. C. WHEREAS, pursuant to those certain instruments to be concurrently delivered with this Agreement for recordation in the Official Records of the San Diego County Recorder's Office and listed in Exhibit "B", Pacific Bay will dedicate easements for street, landscape buffer, and sidewalk purposes to City (collectively referred to herein as "Dedicated Easements"). D. WHEREAS, in order for Pacific Bay to obtain a final map for the Property and for the City to have assurance that the maintenance of the Project's open space areas and thoroughfare median areas will be provided for, Pacific Bay as Declarant has established the Rolling Hills Ranch Community Association ("Association") pursuant to the Declaration of Covenants, Conditions and Restrictions and Grant of Easements for Rolling Hills Ranch ("Declaration") recorded in the Official Records of the San Diego County Recorder's Office on June i 1, 1998, as Document Number 1998-0354211 and as amended thereafter. The Declaration allows and provides for the maintenance of the open space and thoroughfare median areas by the Association. E. WHEREAS, City desires to grant to Pacific Bay (with the right to transfer and assign as provided below) easements for landscape maintenance purposes upon, over, and across portions of the Dedicated Easements consisting of medians, landscaped and hardscaped areas, and parkways which are located within said Dedicated Easements in order to facilitate the obligations of Pacific Bay. F. WHEREAS, City and Pacific Bay have previously entered into that certain Grant of Easements and Maintenance Agreement dated May 19, 1998, and recorded in the Official Records of the San Diego County Recorder's Office on July 17, 1998, as Document Number 1998-0445082 ("First Easement A=reement ) which provided for maintenance in earlier phases of the Project by Pacific Bay or a permitted assignee. This Agreement is intended to provide for the maintenance of additional areas pursuant to the same essential terms of the First Easement Agreement. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as set forth below. 1. Grant of Easements. City hereby grants to Pacific Bay and its agents, successors, and assigns, non-exclusive easements and right-of-way over and across that portion of real property more particularly described on Exhibit "B" for the purpose of maintaining, repairing, and replacing the landscaping improvements located thereon (the easement area shall be referred to herein as the "Maintenance Area"). The Maintenance Area is diagramaticalIy shown on Exhibit "C" attached hereto. 2. Maintenance Obli_oations. (a) Pacific Bay to Maintain. Pacific Bay hereby covenants and agrees to, at its sole cost and expense, maintain, repair and replace, or cause to be maintained, repaired or replaced, the Maintenance Area, including all landscape improvements located thereon, at a level equal to or better than the level of maintenance set forth in the Project's Landscape and Irrigation Plan ("Landscape Plan"), as approved by the City. For purposes of this Agreement, the term "Maintenance or Maintain" shall mean the maintenance, repair and replacement obligations described herein. (b) Transfer to Association. Pacific Bay represents to the City that it intends to and has the authority, to unilaterally transfer said Maintenance obligations, to the Association, and that such transfer has been provided for in the Declaration, and that such document(s) include the provisions described in paragraph 3(a)(ii) below. 3. Assi-,znment and Release. (a) Assignment. Upon Pacific Bay's transfer of the Maintenance obligations to the Association, it is intended by the parties, that the Association shall perform the Maintenance obligations either by its own forces or by contractors. Such transfer will release Pacific Bay from all of its obligations under this Agreement only if all of the following occur: (i) Association Accepts Obligation. The Association has unconditionally accepted and assumed all of Pacific Bay's obligations under this Agreement in writing and such assignment provides that the Burden of this Agreement remains a covenant running with the land and the assignee expressly assumes the obligations of Pacific Bay under this Agreement. The assignment shall also have been approved by the appropriate governing 457/015657-003 I 157278.02 a02/07/01 -2- body of the Association by resolution or similar procedural method and approved as to form and content by the City Attorney. The City Attorney shall not unreasonably withhold its consent to such assignment. (ii) Declaration. The City has confirmed that there have been no modifications to the recorded Declaration previously approved by the City, which contained the following provisions: the Association shall be responsible for complying with all the terms and obligations of this Agreement, the Association shall be responsible for the Maintenance of the Maintenance Area in accordance with the Landscape Plan, the Association shall indemnify the City for all claims, demands, causes of action, liability or loss related to or arising from the Maintenance activities, and the Association shall not seek to be released by the City from the obligations of this Agreement, without the prior consent of the City and one hundred percent (100%) of the holders of first mortgages or owners of the Project. (iii) Association Insurance. The Association procures and formally resolves to maintain at its sole cost and expense commencing upon City's release of all of Pacific Bay's landscape maintenance bonds, a policy of comprehensive general liability insurance written on a per occurrence basis in an amount not less than ONE MILLION DOLLARS ($1,000,000) combined single limit. The insurer issuing such insurance shall have a rating of "A, Class VII" or better with no modified occurrences and as admitted by Best's Insurance Guide. Said insurance shall be primary insurance and shall name City, its officers, employees, and agents as additional insureds. The Association shall provide City with a Certificate of Insurance upon acceptance of the transfer of the Maintenance obligations herein. (b) Release. When all conditions precedent in 3(a) above are fulfilled, Pacific Bay shall be released from its obligations under this Agreement, including its security and insurance requirements. Pacific Bay acknowledges that it has a contractual obligation to perform the terms and conditions of this Agreement until and unless released by the City from this Agreement. At least sixty (60) days prior to such transfer, Pacific Bay shall give notice to the City of Pacific Bay's intent to transfer its Maintenance obligations herein and provide the City the appropriate documents listed in paragraph 3(a) above. 4. Insurance. Until released pursuant to Section 3(a) above, Pacific Bay hereby agrees to procure and maintain, at its sole cost and expense, in a form and content issued by an insurer satisfactory to City, a policy of comprehensive general liability insurance written on a per occurrence basis in an amount not less than ONE MIIJ.ION DOLLARS ($1,000,000.00) combined single limit. The insurer issuing such insurance shall have a rating of "A, Class VII" or better with no modified occurrences and as admitted by Best's Insurance Guide. Said insurance shall be primary insurance and shall name City, its officers, employees, and agents as additional insureds. Pacific Bay shall provide City with a Certificate of Insurance within sixty (60) days from the effective date of this Agreement or no less than thirty (30) days prior to the acceptance of Proctor Valley Road reach 3 and 4 street improvements by City, whichever is later. Said policy of insurance shall provide that said insurance may not be amended such that it no longer complies with this Section or cancelled without providing thirty (30) days prior written notice to City. In the event that said policy of insurance is cancelled, Pacific Bay shall provide City with new evidence of insurance in conformance with this section prior to the cancellation date. 487515657-0031 157278.02 a02/07/01 -3- 5. Indemnity. Pacific Bay understands and agrees that City, as indemnitee, or any officer, agent, or employee thereof, shall not be liable for any injury to persons or propet~y occasioned by reason of the acts or omissions of Pacific Bay, its agents, employees, successors, or assigns, related to Pacific Bay's Maintenance activities in the Maintenance Areas. Pacific Bay further agrees that until it is released pursuant to Section 3(a) above, to protect and hold the City, its officers, agents, and employees harmless from any and all actions, suits, claims, damages to persons or property, costs, penalties, obligations, errors, omissions, demands, liability, or loss of any sort (herein "claims or liabilities") that may be asserted or claimed by any person, firm, or entity because of or arising out of or in connection with the use, maintenance, or repair of the Maintenance Areas by Pacific Bay, its agents, employees, successors, assigns, members, or contractors, excepting any negligence or willful misconduct on the part of City, its officers, employees, and agents. 6. A~reement 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") touches and concerns the Property and shall be binding upon, and run with, the ownership of the Property, for which it burdens. The 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 fight 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 fight 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. 7. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of California. 8. Effective Date. The terms and conditions of this Agreement shall be effective as of the date this Agreement is recorded in the Official Records of the San Diego Recorder's Office. 9. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be original and all of which shall constitute one and the same document. 10. Recording. The parties hereto shall cause this Agreement to be recorded in the Official Records of the San Diego County Recorder's Office within thirty (30) days after this Agreement has been approved by the City Council. 487~1565741031 157278.02 aO2/D7~ l -4- 11. Miscellaneous Provisions. (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 Department of Public Works/Engineering Division 276 Fourth Avenue Chula Vista, CA 91910 Atto: City Engineer PACIFIC BAY PROPERTIES 2300 Boswell Road, Suite 209 Chula Vista, CA 91914 Attn: Project Manager (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 together with any other written document referred to herein, embody the entire Agreement and understanding between the parties regarding the subject matter hereof and any and all prior or contemporaneous oral or written representations, agreements, understandings, and/or statements shall be of no force and effect. This Agreement is not intended to supersede or an~end any other agreement between the parties unless expressly noted. (d) Recitals: Exhibits. Any recitals set forth above and any attached exhibits are incorporated by reference into this Agreement. (e) Compliance with Laws. In the performance of its obligations under this Agreement, Pacific Bay, its agents, and employees shall comply with any and all applicable federal, state, and local laws, regulations, ordinances, policies, permits, and approvals. (f) Authority of Signatories. Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions and/or other actions have been taken so as to enable said signatory to enter into this Agreement. 487/015657-0031 157278.02 a02~21/01 -5- (g) Modification. This Agreement ma3, not be modified, terminated, or rescinded, in whole or in part, except by written instrument duly executed and acknowledged by the parties hereto, their successors, or assigns and duly recorded in the Official Records of the San Diego County Recorder's Office. (h) Severability. If any term, covenant or condition of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term, covenant, or condition to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term, covenant, or condition shall be valid and be enforced to the fullest extent permitted by law. (i) Preparation of Agreement. No inference, assumption or presumption shall be drawn from the fact that a party or its attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation and/or drafting of this Agreement. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement to be executed the day and year first hereinabove set forth. CITY OF CHULA VISTA PACIFIC BAY PROPERTIES, a California corporation Shirley Horton, Mayor Liz JaCks0~, Di~,ision Manager Attest: Beverly Authelet, City Clerk Approved as to form: John M. Kaheny, City Attorney 487/015657-0031 157278.02 a0~-t07/01 -6- STATE OF CALIFORNIA ) COUNTY OF ~ ) On ~,~ ~Qt",~ ~F2~\ , before me, ~C~ L ~q~otaW Public, personally appe~ed personally known to me (or proved to me on the basis of satisfacto~ evidence) to be the perso~ whose nam~ is~subscfibed to the within ins~ment and acknowledged to me that ~she/~y executed the same in ~her/thcir authorized capacity~), and that by-~her]~ signature~ on the instrument the person~ or the entity upon behalf of which the person~) acted, executed the instrument. Witness my hand and official seal. ~6~ Not~ Public [SEAL] STATE OF CALIFORNIA SS. COUNTY OF ORANGE On , before me, , Notary Public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] 487/015657-0031 157278.02 a0'2J07/01 -7- EXHIBIT "A" LEGAL DESCRIPTION OVERALL SALT CREEK RANCH PARCEL 1: THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 17 SOUTH, RANGE I WEST, SAN BERNARDtNO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF. EXCEPTING THEREFROM THAT PORTION DESCRIBED IN DEED TO HENRY G. FENTON, RECORDED AUGUST 31, 1938, IN BOOK 810, PAGE 380 OF OFFICIAL RECORDS. PARCEL 2: THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 17 SOUTH, RANGE I WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. ACCORDING TO UNITED STATES GOVERNMENT SURVEY, APPROVED APRIL 17, 1883. PARCEL 3: THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER, THE EAST HALF OF THE SOUTHEAST QUARTER AND THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER, ALL IN SECTION 27, TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, APPROVED APRIL 17, 1883. EXCEPTING THEREFROM THAT PORTION OF SAID LAND LYING WITHIN PARCEL MAP NO. 15480, 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, DECEMBER 2, 1988, AS FILE NO. 88-619593 OF OFFICIAL RECORDS. PAGE 1 OF 1 :KD C:\windows\TEMP~A15 MEDIAN MAINT.dOCwo 1413-24 2/13,01 L.~ -- ~ ' PARCEL 4: THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 23 AND THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 24, ALL IN TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF. PARCEL 5: THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER AND THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF. PARCEL 6: THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF. PARCEL 7: THE WEST THREE QUARTERS OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 24, THE WEST THREE QUARTERS OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF. PARCEL 8: THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER AND THE EAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 24. THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER, THE EAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER AND THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 25, ALL BEING IN TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, APPROVED APRIL 17, 1883. -. PAGE 2 OF 2 :KD C:\windows\TEMP~A15 MEDIAN MAINT.doc WO 1413-24 2/13/01 L./~ .- / D PARCEL 9: THAT PORTION OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED APRIL 17, 1883, DESCRIBED AS FOLLOWS: BEGINNING ATA POINT ON THE NORTH LINE OF SAID SOUTH HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 25, DISTANT THEREON SOUTH 88°53'30" EAST, 1136.70 FEET FROM THE NORTHWEST CORNER THEREOF; THENCE SOUTH 41°48'30" EAST 1817 FEET, MORE OR LESS, TO A POINT ON THE SOUTH LINE OF SAID SECTION 25, SAID SOUTH LINE BEING ALSO THE NORTH BOUNDARY LINE OF RANCHO JANAL; THENCE ALONG SAID BOUNDARY LINE SOUTH 88°49, EAST TO THE EAST LINE OF SAID SOUTH HALF OF SOUTHWEST QUARTER OF SAID SECTION 25; THENCE ALONG SAID EAST LINE NORTH 0°12' EAST, 1332.13 FEET TO A FOUR - INCH CONCRETE FILLED PIPE SET IN STONE MOUND FOR THE NORTHEAST CORNER OF SAID SOUTH HALF OF THE SOUTHWEST QUARTER, AND AS SHOWN ON RECORD OF SURVEY MAP NO. 663 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY; THENCE ALONG THE NORTH LINE OF SAID SOUTH HALF OF THE SOUTHWEST QUARTER NORTH 88°53'30" WEST, 1578.87 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION DESCRIBED IN DEED TO THE SOUTHERN CALIFORNIA MOUNTAIN WATER COMPANY, RECORDED MAY 4, 1905, IN BOOK 363, PAGE 154 OF DEEDS. PARCEL 10: THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF. PARCEL 11: THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, PAGE 3 OF 3 :KD C:\windows\TEMP~A15 MEDIAN MAINT. doc WO 1413-24 2/13/01 STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF. PARCEL 12: THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN BERNARDtNO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF. PARCEL 13: THAT PORTION OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF, LYING NORTHERLY OF PROCTOR VALLEY ROAD. PARCEL 14: THAT PORTION OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF, LYING SOUTHERLY OF PROCTOR VALLEY ROAD. EXCEPTING FROM THE ABOVE PARCELS 1 THROUGH 14 THE FOLLOWING: CHULA VISTA TRACT NO. 92-02, SALT CREEK RANCH, NEIGHBORHOOD 2 UNIT 1 ACCORDING TO MAP THEREOF NO. 13500. CHULA VISTA TRACT NO. 92-02, SALT CREEK RANCH, NEIGHBORHOOD 2 UNIT 2 ACCORDING TQ MAP THEREOF NO. 13501. CHULA VISTA TRACT NO. 92-02, SALT CREEK RANCH, NEIGHBORHOOD 2 UNIT 3 ACCORDING TO MAP THEREOF NO. 13502. CHULA VISTA TRACT'NO. 92-02, SALT CREEK RANCH, NEIGHBORHOOD 2 UNIT 4 ACCORDING TO MAP THEREOF NO. 13503. PAGE 4 OF 4 :KD C:\windows\TEMP~A15 MEDIAN MAINT. doc ~ ,' ~', WO 1413-24 2/13/01 ~-¢ ~,~ ~ CHULA VISTA TRACT NO. 92-02, SALT CREEK RANCH, NEIGHBORHOOD 2 UNIT 5 ACCORDING TO MAP THEREOF NO. 13504. CHULA VISTA TRACT NO. 92-02, SALT CREEK RANCH, NEIGHBORHOOD 2 UNIT 6 ACCORDING TO MAP THEREOF NO. 13739. CHULA VISTA TRACT NO. 92-02, SALT CREEK RANCH NEIGHBORHOOD 2 UNIT 7 ACCORDING TO MAP THEREOF NO. 13740. CHULA VISTA TRACT NO. 92~02, SALT CREEK RANCH NEIGHBORHOOD 2 UNIT 8 ACCORDING TO MAP THEREOF NO. 13741. CHULA VISTA TRACT NO. 92-02 SALT CREEK RANCH NEIGHBORHOOD 2 UNIT 9 ACCORDING TO MAP THEREOF NO. 13742. CHULA VISTA TRACT NO. 92-02. SALT CREEK RANCH NEIGHBORHOOD 2 UNIT 10 ACCORDING TO MAP THEREOF NO. 13743. CHULA VISTA TRACT NO. 92-02 SALT CREEK RANCH NEIGHBORHOOD 3A ACCORDING TO MAP THEREOF NO. 13440, CHULA VISTA TRACT NO. 92-02, SALT CREEK RANCH NEIGHBORHOOD 3 UNIT 1 ACCORDING TO MAP THEREOF NO. 13441. CHULA VISTA TRACT NO. 92-02 SALT CREEK RANCH NEIGHBORHOOD 3 UNIT 2 ACCORDING TO MAP THEREOF NO. 13442. CHULA VISTA TRACT NO. 92-02, SALT CREEK RANCH NEIGHBORHOOD 3 UNIT 3 ACCORDING TO MAP THEREOF NO. 13443. CHULA VISTA TRACT NO. 92-02, SALT CREEK RANCH NEIGHBORHOOD 3 UNIT 4 ACCORDING TO MAP THEREOF NO. 13444. PAGE 5 OF 5 CHULA VISTA TRACT NO. 92-02, SALT CREEK RANCH, NEIGHBORHOOD 3 UNIT 5 ACCORDING TO MAP THEREOF NO. 13445. CHULA VISTA TRACT NO. 92-02, SALT CREEK RANCH, NEIGHBORHOOD 3 UNIT 6 ACCORDING TO MAP THEREOF NO. 13446. CHULA VISTA TRACT NO. 92-02, SALT CREEK RANCH, NEIGHBORHOOD 3 UNIT 6 ACCORDING TO MAP THEREOF NO. 13446. CHULA VISTA TRACT NO. 92-02, SALT CREEK RANCH, NEIGHBORHOOD 3 UNIT 7 ACCORDING TO MAP THEREOF NO. 13654. CHULA VISTA TRACT NO. 92-02, SALT CREEK RANCH, NEIGHBORHOOD 3 UNIT 8 ACCORDING TO MAP THEREOF NO. 13655. CHULA VISTA TRACT NO. 92-02, SALT CREEK RANCH, NEIGHBORHOOD 3 UNIT 9 ACCORDING TO MAP THEREOF NO. 13656. CHULA VISTA TRACT NO. 92-02, SALT CREEK RANCH, NEIGHBORHOOD 3 UNIT 10 ACCORDING TO MAP THEREOF NO. 13657. CHULA VISTA TRACT NO. 92-02, SALT CREEK RANCH, NEIGHBORHOOD 3 UNIT 11 ACCORDING TO MAP THEREOF NO. 13658. CHULA VISTA TRACT NO. 92-02, SALT CREEK RANCH, NEIGHBORHOOD 3 UNIT 12 ACCORDING TO MAP THEREOF NO. 13659. CHULA VISTA TRACT NO. 92-02, SALT CREEK RANCH, NEIGHBORHOOD 4A ACCORDING TO PARCEL MAP THEREOF NO. 18595. CHULA VISTA TRACT NO. 92-02, SALT CREEK RANCH, NEIGHBORHOOD 4B UNIT 1 ACCORDING TO MAP THEREOF NO. 13660. CHULA VISTA TRACT:NO. 92-02, SALT CREEK RANCH, NEIGHBORHOOD 4B UNIT 2 ACCORDING TO MAP THEREOF NO. 13661. PAGE 6 OF 6 :KD C:\windows\TEMP~A15 MEDIAN MAINT.doc CHULA VISTA TRACT NO. 92-02, SALT CREEK RANCH NEIGHBORHOOD 4B UNIT 3 ACCORDING TO MAP THEREOF NO. 13662. CHULA VISTA TRACT NO. 92-02, SALT CREEK RANCH NEIGHBORHOOD 4B UNIT 4 ACCORDING TO MAP THEREOF NO. 13663. CHULA VISTA TRACT NO. 92-02, SALT CREEK RANCH NEIGHBORHOOD 4B UNIT 5 ACCORDING TO MAP THEREOF NO. 13664. CHULA VISTA TRACT NO. 92-02, SALT CREEK RANCH NEIGHBORHOOD 4B UNIT 6 ACCORDING TO MAP THEREOF NO. 13665. CHULA VISTA TRACT NO. 92-02, SALT CREEK RANCH NEIGHBORHOOD 4B UNIT 7 ACCORDING TO MAP THEREOF NO. 13666, CHULA VISTA TRACT NO. 92-02, SALT CREEK RANCH NEIGHBORHOOD 5 UNIT 2 ACCORDING TO MAP THEREOF NO. 13690. CHUb& VISTA TRACT NO. 92-02, SALT CREEK RANCH NEIGHBORHOOD 5 UNIT 3 ACCORDING TO MAP THEREOF NO. 13691. CHULA VISTA TRACT NO. 92-02, SALT CREEK RANCH NEIGHBORHOOD 5 UNIT 4 ACCORDING TO MAP THEREOF NO. 13692. CHULA VISTA TRACT NO. 92-02, SALT CREEK RANCH NEIGHBORHOOD 5 UNIT 5 ACCORDING TO MAP THEREOF NO. 13693. CHULA VISTA TRACT NO. 92-02, SALT CREEK RANCH NEIGHBORHOOD 5A ACCORDING TO MAP THEREOF NO. 13598. CHULA VISTA TRACT NO. 92-02, SALT CREEK RANCH NEIGHBORHOOD 6 UNIT 1 ACCORDING TO MAP THEREOF NO. 13447. CHULA VISTA TRACT'NO. 92-02, SALT CREEK RANCH NEIGHBORHOOD 6 UNIT 2 ACCORDING TO MAP THEREOF NO. 13448. '- PAGE 7 OF 7 :KD C:\windows~TEMP~15 MEDIAN MAINT.doc CHULA VISTA TRACT NO. 92-02, SALT CREEK RANCH, NEIGHBORHOOD 6 UNIT 3 ACCORDING TO MAP THEREOF NO. 13449. CHULA VISTA TRACT NO. 92-02, SALT CREEK RANCH, NEIGHBORHOOD 6 UNIT 4 ACCORDING TO MAP THEREOF NO. 13450. CHULA VISTA TRACT NO. 92-02, SALT CREEK RANCH, NEIGHBORHOOD 6 UNIT 5 ACCORDING TO MAP THEREOF NO. 13451. CHULA VISTA TRACT NO. 92-02, SALT CREEK RANCH, NEIGHBORHOOD 6 UNIT 6 ACCORDING TO MAP THEREOF NO. 13694. CHULA VISTA TRACT NO. 92-02, SALT CREEK RANCH, NEIGHBORHOOD 6 UNIT 7 ACCORDING TO MAP THEREOF NO. 13695. CHULA VISTA TRACT NO. 92-02, SALT CREEK RANCH, NEIGHBORHOOD 6 UNIT ACCORDING TO MAP THEREOF NO. 13696. CHULA VISTA TRACT NO. 92-02, SALT CREEK RANCH, NEIGHBORHOOD 6 UNIT 9 ACCORDING TO MAP THEREOF NO. 13697. CHULA VISTA TRACT NO. 92-02, SALT CREEK RANCH, NEIGHBORHOOD 6 UNIT 10 ACCORDING TO MAP THEREOF NO. 13698. PAGE 8 OF 8 :KD C:\windows\TEMP~A15 MEDIAN MAINT. doc / WO 1413-24 2/13101 ~ ~ '/~*~ EXHIBIT "B" LEGAL DESCRIPTION PROCTOR VALLEY ROAD PROCTOR VALLEY ROAD AS DEDICATED TO PUBLIC USE PER CHULA VISTA TRACT NO. 92-02, SALT CREEK RANCH, NEIGHBORHOOD 7 UNIT NO. 1, ACCORDING TO MAP THEREOF NO. AND PER CHULA VISTA TRACT NO. 92-02, SALT CREEK RANCH, NEIGHBORHOOD 7 UNIT NO. 2, ACCORDING TO MAP THEREOF NO. , BOTH RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY HUNTE PARKWAY HUNTE PARKWAY AS DEDICATED TO PUBLIC USE PER CHULA VISTA TRACT NO. 92-02, SALT CREEK RANCH, NEIGHBORHOOD 2 UNIT NO. 6, ACCORDING TO MAP THEREOF NO. 13739 AND PER CHULA VISTA TRACT NO. 92-02, SALT CREEK RANCH, NEIGHBORHOOD 2 UNIT NO. 7, ACCORDING TO MAP THEREOF NO. 13740, BOTH RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MARCH 24, 1999. PAGE 1 OF 1 :DBS M:\1413\046~eoal Descdptions~A10 HOA MEDIANS.doc /~..~ WO 141346 2/5/01 ., EXHIBIT "C" SH£ET i DF I 500 0 500 1000 1500 SCALE 1" = 500' SCALE: 1"= 50'/ RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACKNOWLEDGING ON BEHALF OF THE CITY OF CHULA VISTA AN IRREVOCABLE OFFER OF DEDICATION OF FEE INTEREST FOR A COMMUNITY PARK SITE, AN IRREVOCABLE OFFER OF DEDICATION OF FEE INTEREST FOR A FIRE STATION SITE, AND AN IRREVOCABLE OFFER OF DEDICATION FOR STREET PURPOSES FOR DUNCAN RANCH ROAD WHEREAS, Duncan Ranch Road is required for development of the Community Park; and WHEREAS, the Fire Station Site is offered with the first final map of Phase 2 development of Rolling Hills Ranch pursuant to prior agreement; and WHEREAS, all Irrevocable Offers of Dedication are acknowledged and acceptance will occur after construction and acceptance of improvements by the City; and WHEREAS, as with open space, the offers of dedication shall remain open and subject to future acceptance by the City. NOW, THEREFORE, BE IT RESOLVED the City Council of the city of Chula Vista does hereby acknowledge on behalf of the City of Chula Vista an Irrevocable Offer of Dedication of fee interest for a Community Park Site, an Irrevocable Offer of Dedication of fee interest for a Fire Station and an Irrevocable Offer of Dedication for street purposes for Duncan Ranch Road. Presented by Approved as to form by John P. Lippitt Johng~. ~aheny Director of Public Works City Attorney IH /HOME~ATTORNEY/RESO\ SCR IODs (February 16 2001 (10:40am)] COUNCIL AGENDA STATEMENT Item ~ Meeting Date 2/27/01 ITEM TITLE: Resolution Approving the Agreement between the City of Chula Vista and the San Diego Transit Corporation (SDTC) for Fixed Route Bus Service by exercising the Option for the Period July 1, 2001through June 30, 2002. / SUBMITTED BY: Director of Public Worksfff? REVIEWED BY: City Manager~) (4/Sths Vote: Yes__No X ) At its meeting on April 7, 1998, Council adopted a resolution waiving the bidding process and approved a new agreement with SDTC for the two year period July 1, 1998 through June 30, 2000. Furthermore, on February 1, 2000, Council adopted a resolution recommended by staff waiving the bidding process and extending the agreement by one year from July 1, 2000 through June 30, 2001. The bidding process was waived in light of: two important factors affecting Chula Vista Transit (CVT) operations and maintenance - the ongoing change of the fleet from diesel to Compressed Natural Gas (CNG), and the location and completion of a new Corporation Yard ("Yard"). This agreement included an option, exercisable by the City, to extend the agreement by one year from July 1, 2001 through June 30, 2002 ~vhich staff recommends exercising at this time. CVT has started the transition of the fleet from diesel to CNG with the delivery of the first 15 CNG buses in January. An additional 10 CNG buses are schedule for delivery in late Fall of 2001. Completion of the new Yard is estimated to be in mid or late Summer 2001. Before completion of the Yard, many CVT activities - including fueling, maintenance, bus parking, and operations - will be split between the current yard and the San Diego Transit yard at 16th Street and Imperial Avenue. Transit staff negotiated an agreement with SDTC for FY01 (July 1, 2000 through June 30, 2001), and an option for FY02 (July 1,200l through June 30, 2002). FY01 included two costs, one based on the current operation of an all diesel fleet, and the second based on delivery of the 15 CNG buses. The FY02 cost assumes relocation of all transit operations to the new Yard. The FY01 cost prior to the delivery of the new buses is $3,449,250, or $2.5550 per mile. The FY01 cost after delivery of the new buses, which involves off-site fueling and parking, is $3,503,250, or $2.5950 per mile, a 1.6% increase. The FY02 option year cost is $4,003,186, or $2.5498 per mile, which assumes relocation to the new Yard and a 16% increase in annual miles operated due to proposed service increases. The FY02 total cost increase over FY01 is 14.2%, but the mileage rate is a decrease of 1.7% due to the increase in miles operated. Page 2, Item __ Meeting Date 2/27/01 RECOMMENDATION: That Council adopt resolution exercising the option and approving the amended agreement between the City of Chula Vista and San Diego Transit Corporation (SDTC) for FY02. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable DISCUSSION: Two major changes affecting CVT operations and maintenance are currently occurring and will continue next fiscal year (FY02): 15 CNG were delivered in January 2001 which is the first phase of replacing the CVT diesel fleet and a second delivery of 10 CNG buses is scheduled for the Fall of 2001; and Public Works Operations, including transit, will relocate to the new Yard. Transit's relocation to the Yard will be phased because of certain operations and maintenance requirements, including the following: · Fueling: Currently the 15 CNG buses are being fueled at SDTC's maintenance facility at 16th Street and Imperial Avenue in San Diego. Additional personnel will be required to shuttle the buses from the current yard to the CNG fueling location until transit has relocated completely to the new site. · Bus Parking: Since there is no space at the current Public Works yard to park additional buses, accommodation will be made at an off-site parking facility which will necessitate the shuttling of buses. · Maintenance: Since maintenance of CNG buses in an enclosed garage necessitates specific safety requirements, including ventilation and gas detection devices, the CNG buses will have to be maintained outside at the current yard or at the SDTC maintenance facility until the new garage is completed. The availability of the SDTC's maintenance facility is vital to the maintenance for the CNG buses until the new Yard is operational. · Operations: SDTC's expertise in maintaining and operating a CNG bus fleet is an important factor in insuring a smooth transition during this critical phase. Therefore, until all transit operations and maintenance functions have been relocated to the ne,v Yard, the CVT contract operator will be carrying out many functions at two locations. In addition to the these logistical procedures, the integration of 15 CNG buses into the fleet is a significant task by itself, involving training for mechanics and bus operators, and establishing a parts inventory for the new buses. Finally, SDTC has done a commendable job of keeping the oldest CVT buses serviceable. Some of these older buses will continue in service for at least two to three years. In summary, FY01 has been and FY 02 will be a major transition year for CVT; changing the contract operator at this time would be impractical and would adversely impact CVT operations and maintenance functions. Page 3, Item __ Meeting Date 2/27/01 FISCAL IMPACT: The current cost for SDTC operations and maintenance of the CVT fleet for FY 01 (July 1, 2000 through June 30, 2001) is divided into two components: status quo operations before delivery of the 15 CNG buses is $2.5550 per mile based on 1,350,000 annual miles (total annualized cost of $3,449,250); and after delivery of 15 new buses and prior to complete relocation to new Yard is $2.5950 per mile based on 1,350,000 annual miles (total annualized cost of $3,503,250). The FY 02 option year cost, which assumes relocation of all CVT operations to the new yard, is $2.5498 per mile based on 1,570,000 miles (total annualized cost of $4,003,186). If relocation to the new yard has not occurred by July 1, 2001, then the mileage rate of $2.5950 shall remain in effect for option year FY 02 until relocation has occurred, at which time the rate of $2.5498 shall become effective. FY 02 will be the first year in which funding for CVT operations will come from the regional consolidation of Transportation Development Act, Article 4.0 funds. No City of Chula Vista General Funds are used to support CVT operations. File: DS-027 H:\SHARED\ENGINEER~A113 CVT-SDT AGREEMENT FY 02 OPTION.doc RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE SAN DIEGO TRANSIT CORPORATION (SDTC) FOR FIXED ROUTE BUS SERVICE BY EXERCISING THE OPTION FOR THE PERIOD JULY 1, 2001 THROUGH JUNE 30, 2002 WHEREAS, on April 7, 1998, Council adopted a resolution waiving the bidding process and adopting a new agreement with SDTC for the two year period July 1, 1998 through June 30, 2002; and WHEREAS, on February 1, 2000, Council adopted a resolution waiving the bidding process and extending the agreement by one year from July 1, 2000 through June 30, 2001; and WHEREAS, this agreement included an option, exercisable by the City, to extend the agreement by one year from July 1, 2001 through June 30, 2002; and WHEREAS, the primary factors supporting the waiving of the bidding process included the ongoing change of the fleet from diesel to Compressed Natural Gas (CNG) and the location and completion of a new Corporation Yard. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve exercising the option and the First Amendment to the Agreement between the City of Chula Vista and San Diego Transit Corporation (SDTC) for Fixed Route Bus Service for the period July 1, 2001 through June 30, 2002, in the form presented, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized to execute said Agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by Director of Public Works H: \home ~at t orney~ re so ~ SDTC. bus FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF CHULA VISTA AND SAN DIEGO TRANSIT CORPORATION HEREINAFTER REFERRED TO AS "CONTRACTOR" FOR FIXED-ROUTE BUS SERVICE This agreement dated for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 1 is between the City, whose business fom~ is set forth on Exhibit A, Paragraph 3, and the entity indicated on the attached Exhibit A, Paragraph 4, as Contractor, whose business form is set forth on Exhibit A, Paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, Paragraph 6 and is made with reference to the following facts: Recitals Whereas, the City desires to operate a fixed-route public transportation system to serve the City of Chula Vista provided Transportation Development Act (TDA) Article 4.0 funds arc available; and Whereas, City entered into a two year agreement from July 1, 1998 through June 30, 2000 with San Diego Fransit Corpolation for the provision of Fixed Route Bus Service; and Whereas, on July 1, 2000, Council adopted a resolution waiving the bidding process and extending the agreement by one year; and Whereas, that agreement included an option to extend the agreement for one additional year; and Whereas, the City now desires to exercise that one year option; and Whereas, Contractor warrants and represents that they are experienced and staffed in a manner such that tlrey are and can prepare and deliver the services required of Contractor to City within the timefl'ames herein provided all in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, the parties do hereby mutnally agree as follows: 1. The Original Agreement is hereby amended in the l'ollowing regards only: Exhibit A, Section 1 is hereby amended to read as follows: 1. Effective Date of Agreement: July 1,2001 Section 8B is hereby amended to read as follows: (X) Same as Effective Date of Agreement, July 1, 2001 All other terms and conditions of Paragraph 8 shall remain the same. 2. Section 1 lA is hereby amended to read as follows: 11. Compensation: A. Basic Services For all the Defined Services hereunder City shall pay Contractor, in the aggregate, an amount equal to the number of vehicle service operating miles in a contract year multiplied 1 by the corresponding mileage rate for that year. On the delivery date of the first of the New Flyer buses mileage rate 2 shall become effective. The rates are as set forth in the following schedule: Rate Schedule Estimated Vehicle Service Maximtun Annual No. Fiscal Year Miles Mileage Rate Cost 1. FY 00-01 $2.5550 $3,449,250 FY 00-01 $2.5950* $3,503,250 2. w/New Flyer buses 1,350,000 * prior to relocation FY 01-02 (Option) $2.5498 $4,003,186 3. After relocation 1,570,000 If at any time during the option year the City receives delivery of new buses, it is mutually agreed that mileage rate 3 set forth shall be renegotiated at the City's option. Mileage rate 3 is based on the assumption that all CVT operations and maintenance functions have been relocated to the new yard by July 1, 2001. If relocation has not occun'ed by July 1, 2001, then it is mutually agreed that mileage rate 2 shall continue for option year FY 01-02 until relocation to the new yard has occurred, at which time rate 3 shall become effective. Contractor shall be paid in monthly installments based upon the actual number of vehicle service operating miles run per month. Monthly installments shall be subject to adjustments for any liquidated damages amounts owing pursuant to the temrs of Paragraph 14 of this Exhibit A, below. All otber terms and conditions of Paragraph 11 shall remain the same. 3. Attachment 1 to Section B6 b) is hereby amended to read as follows: B6 b) Driver Wages and Benefits: 1) Contractor will pay CVT drivers not less than the following wage scale or the legal minimum ~vage whichever is greater: RATE Starting $6.50 , After 36 months $8.60 2) In addition to wages listed above, Contractor shall provide to CVT drivers the following minimum benefits: a contributory health insurance plan; a defen'ed compensation program; company structured attendance and safety bonus plans; company structured paid vacation for full-time employees after certain employment periods; company structure sick leave after one year of service; and six company structured paid holidays. All other terms and conditions of Sectioo B6 shall remain the same. 4. Section l 3 is hereby amended to read as follows: 13. Contract Administrators: 2 City: Andres S. Tmjillo, Transit Coordinator 707 F Street Chula Vista, CA 91910 Phone: (619) 691-5260 Fax: (619) 691-3171 Contractor: Sandra Showalter, Vice Presideot of Operations 1 O0 Sixteenth Street San Diego, CA 92101 Telephone: (619) 238-0100 Fax: (619) 696-8159 5. Except as expressly provided herein, all other provisions of the Original Agreement shall remain in full force and effect. 1I:1 Irene\At tom ey~Agree', I stAmendSDTransit doc (NEXT PAGE iS SIGNATURE PAGE) Signature Page to First Amendment to Agreement between City of Chula Vista and San Diego Transit Corporation for Fixed Route Bus Service IN WITNESS WHEREOF, City and Corm'actor have executed this First Amendment to Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: CITY OF CHULA VISTA By: Shirley Horton, Mayor Attest: Susan Bigelow, City Clerk Dated: SAN DIEGO TRANSIT CORPORATION Name of person, '(~/(~ Dated: ~/e:~ J_/~/" Exhibit List to Agreement ( X ) Exhibit A. 11: i Iome~,Atton~ey~Agmc\l stAmendSD I'ransit doc CITY COUNCIL AGENDA STATEMENT Item ~o Meeting Date 2/27/01 ITEM TITLE: Resolution Making Preliminary Determinations and Declaring Intention to issue Bonds to Refund the Outstanding Improvement Bonds Issued for Certain Existing Assessment Districts, Ordering a Report Thereon, Waiving the consultant selection process as impractical, appointing the firm of Best, Best, & Krieger, LLP as Bond Counsel and the firm of Stone & Youngberg, LLC as Underwriter for this and any future district refunding transactions, and authorizing the mayor to execute amendments to existing agreements with both firms. SUBMITTED BY: Deputy City Manager Powell ~ REVIEWED BY: City Ma hsVote: Yes No X ) SUMMARY; The City currently has nine assessment districts and three community facility districts with outstanding debt. The municipal banking firm of Stone & Youngberg has preliminarily reviewed the status of seven of the older assessment districts and submitted a proposal indicating that under the current Iow interest rate environment, the outstanding debt of these assessment districts may be refinanced in order to achieve significant savings to the property owners on their annual assessments. Since Stone & Youngberg and Best, Best, & Krieger are under contract with the City to serve as underwriter and bond counsel respectively on all land based debt transactions in the Otay Ranch territory, it is being recommended that those contracts be amended to include this proposed transaction and any future assessment district and community facilities refundings, and that staff be directed to pursue the proposed refinancing. RECOMMENDATION: That Council approve the Resolution making preliminary determinations and declaring intention to issue bonds to refund the outstanding improvement bonds issued for certain existing assessment districts, ordering a report thereon, waiving the consultant selection process as impractical, appointing the firm of Best, Best, & Krieger, LLP as Bond Counsel and the firm of Stone & Youngberg, LLC as Underwriter for this potential transaction and any future assessment district and community facilities refundings, and authorizing the mayor to execute amendments to existing agreements with both firms. Page 2, Item Meeting Date 2/27/01 BOARDS/COMMISSIONS RECOMMENDATIONS: None DISCUSSION: The City began utilizing infrastructure assessment districts in 1985 in order to provide long-term financing for necessary infrastructure in newly developing areas of the City. There are currently nine assessment districts and three community facility districts with outstanding debt. When new districts are formed, the related debt is necessarily issued without a credit rating and as such, carries higher interest rates than a comparable debt with an investment grade credit rating. As development occurs within each district, the responsibility for the annual debt service payments is gradually spread over more and more property owners, which improves the credit quality of the debt. When this factor is combined with the availability of overall lower interest rates, there is the potential to refinance or refund the outstanding debt in order to lower the annual debt service payments and the related property owner assessments. In 1995, the City refinanced the outstanding debt of four assessment districts in Eastlake and Rancho del Rey. Stone & Youngberg has recently submitted an unsolicited proposal to consider a pooled refinancing of the outstanding debt (approximately $40 million) of up to seven assessment districts, including: AD88-1 Eastlake Commercial/Industrial AD90-1 Salt Creek I AD90-2 Otay Valley Road AD90-3 Eastlake Greens AD91-1 Telegraph Canyon Road II AD92-2 Autopark AD94-1 Eastlake Greens II The estimated savings varies by district, but ranges from a Iow of 13.6% to a high of 17.4%. This is based on projected aggregate annual savin§s of more than $90'1,000 and projected total savings over the live of the existing debt of moro than $14.2 million. The recommended financing structure would be very similar to that used in the aforementioned '1995 refinancing, utilizin§ a process authorized under the Marks- Roes Local Bond Pooling Act. This entails the Gify's Public Financing Authority acting as a conduit in issuing the refunding bonds on a pooled basis for all seven districts. This pooling structure facilitates blending the credit characteristics of the different districts to achieve a better overall credit, payment of only one set of issuance costs, minimizing the number of legally-required reserve funds, and simplifying administrative tasks associated with seven different districts. The Page 3, Item Meeting Date 2/27/0'1 tentative schedule would have staff returning to Council for final approval of the transaction in early Summer so that the new assessments could be reflected on the County property tax rolls in August. The municipal banking firm of Stone & Youngberg served as the underwriter on the 1995 assessment district refinancing. They are also under contract with the City to serve as the underwriter on all land-secured financings undertaken in the Otay Ranch territory. Their knowledge and experience in California in this arena are unsurpassed, and due to their involvement not only in the 1995 refinancing, but also on 4 City infrastructure borrowings since then, they have an in-depth understanding of the nuances of development in eastern Chula Vista. They also submitted an unsolicited proposal outlining the potential refunding. For these reasons, staff is recommending that the City Council waive the City's consultant selection process as impractical and amend Stone & Youngberg's existing contract to include not only this transaction, but any future district refundings. Mr. Warren Diven, with the law firm of Best, Best, & Krieger, has served as bond counsel on virtually every assessment district and community facilities district in the City. Due to his unparalleled knowledge in the field of land-secured financing and his extensive experience and knowledge of the City of Chula Vista, staff is recommending that in his case the Council also waive the consultant selection process as impractical and amend the existing contract for this type of services for the Otay Ranch territory to include not only the proposed transaction, but any future district refundings. In anticipation of some form of refinancing, Sutro & Co. was previously appointed to serve as the financial advisory firm when they were appointed in the same capacity for the Corporation Yard financing. FISCAL IMPACT: All costs for the underwriting, bond counsel, and financial advisory firms are contingent upon actually selling bonds and are payable solely from the bond proceeds. With a preliminary bond sizing of $45,535,000 the approximate fees for services would be as follows: Underwriter - $379,700, Bond Counsel - $65,960, Financial Advisor - $38,000. Staff has verified that these fees are in line with levels that the City has previously paid and also with what other jurisdictions are currently paying. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, MAKING PRELIMINARY DETERMINATIONS AND DEC LARiNG INTENTION TO ISSUE BONDS TO REFUND THE OUTSTANDING IMPROVEMENT BONDS ISSUED FOR CERTAIN EXISTING ASSESSMENT DISTRICTS, ORDERING A REPORT THEREON, WAIVING THE CONSULTANT SELECTION PROCESS AS IMPRACTICAL, APPOINTING THE FIRM OF BEST, BEST & KRiEGER LLP AS BOND COUNSEL, THE FIRM OF STONE & YOUNGBERG AS UNDERWRITER FOR THIS AND ANY FUTURE DISTRICT REFUNDING TRANSACTIONS, AND AUTHORIZING THE MAYOR TO EXECUTE AMENDMENTS TO EXISTING AGREEMENTS WITH BOTH FIRMS WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, did previously undertake proceedings and confirmed assessments in certain assessment districts pursuant to the terms and conditions of the "Municipal Improvement Act of 1913" (Streets and Highways Code Section 10000 and following), such assessment districts known and designated as: A. Assessment District No. 88~ 1 (Otay Lakes Road, Phase I); B. Assessment District No. 90-1 (Salt Creek I); C. Assessment District No. 90-2 (Otay Valley Road); D. Assessment District No. 90-3 (Eastlake Greens - Phase I); E. Assessment District No. 91-1 (Telegraph Canyon Road, Phase II); F. Assessment District No. 92-2 (Auto Park); and G. Assessment District No. 94-1 (Eastlake Greens - Phase II); (referred to collectively as the "Assessment Districts"); and WHEREAS, improvement bonds representing the unpaid assessments within the Assessment Districts (collectively, the "Improvement Bonds") were issued and sold pursuant to the provisions fo the "Improvement Bonds Act of 1915," (Streets and Highways Code Section 8500 and following); and WHEREAS, at this time, as a result of favorable interest rate conditions within the municipal bond market and of the development within each of the Assessment Districts, City staff has recommended and this City Council desires to initiate proceedings to reassess the parcels within the Assessment Districts and to refund all of the outstanding Improvement Bonds pursuant to the "Refunding Act of 1984 for 1915 Improvement Act Bonds," (Streets and Highways Code Section 9500 and following) (the "Refunding Act"); and WHEREAS, at this time, City staff has further recommended that the firm of Stone & Youngberg LLC be appointed as underwriter for the refunding bonds, if any, to be issued as a part of these proceedings and that Best, Best & Krieger LLP be appointed as bond counsel for such reassessment and refunding proceedings and that the consultant selection process for such appointments be waived as being impractical. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, FIND, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The above recitals are all true and correct. SECTION 2. The public interest and necessity require, and it is the intention of this City Council, acting pursuant to the provisions of the Refunding Act, to levy reassessments on all properties within the Assessment Districts which are subject to existing liens for unpaid assessments previously levied for such Assessment Districts and to issue refunding bonds pursuant to the Refunding Act secured by such reassessments for the purpose of refunding the outstanding Improvement Bonds. SECTION 3. The proposed reassessment is hereby referred to a duly appointed Reassessment Engineer, who is hereby directed to make and file a Reassessment Engineer's Report in writing as required by the Refunding Act generally containing the follo~ving: A. A schedule setting forth the unpaid principal and interest on the Improvement Bonds of the Assessment Districts to be refunded and the total amounts thereof; B. The total estimated principal amount of the reassessment and of the refunding bonds and the maximum interest rate thereon, together with an estimate of costs of the reassessment and of issuing the refunding bonds, including all costs of issuing the refunding bonds; C. The Auditor's Record showing the schedule of the principal installments and interest on all unpaid original assessments and the total amounts thereof; D. The estimated amount of each reassessment, identified by reassessment number corresponding to the reassessment number on the reassessment diagram, together with a proposed Auditor's Record for the reassessment; and E. A reassessment diagram showing the Reassessment District and the boundaries and dimensions of the subdivisions of land within the Reassessment District. SECTION 4. Immediately upon the preparation of the Reassessment Engineer's Report as above ordered, such Report shall be filed with the City Clerk and presented to this legislative body for further consideration as it relates to these proceedings to levy reassessments within the Reassessment District and to issue refunding bonds representing such unpaid reassessments. SECTION 5. All outstanding Improvement Bonds and original assessments of the Assessment Districts shall continue and remain in full force and effect and be secured by the original assessments until superseded and replaced by the reassessments and the refunding bonds are validly and legally issued for the Reassessment District pursuant to all the terms and provisions of the Refunding Act. SECTION 6. This City Council hereby finds that the appointment of an underwriter and bond counsel for these proceedings and any future refundings of this type pursuant to the consultant selection process would be impractical for the reasons set forth in the accompanying staff report. Therefore, Best, Best & Krieger is appointed as bond counsel and Stone & Youngberg LLC is hereby appointed as underwriter for the refunding bonds, if any, to be issued as a result of these proceedings or as a result of any similar proceedings in the future. SECTION 7. The Mayor is hereby authorized to execute amendments to the existing agreements with such firms to reflect such appointment. SECTION 8. This resolution shall become effective upon its adoption. PREPARED BY: APPROVED AS TO FORM BY: Robert Powell Joh)~. Kaheny Deputy City Manager Cit~y' Attorney H:\home\attorney\reso\res making determinations FIRST AMENDMENT TO THE AGREEMENT BETWEEN CITY OF CHULA VISTA AND STONE & YOUNGBERG LLC FOR UNDERWRITING SERVICES This First Amendment ("Amendment") is entered into effective as of February 27, 2001 ("Effective Date") by and between the City of Chula Vista ("City") and Stone & Youngberg LLC ("Consultant") with reference to the following facts: Recitals WHEREAS, on March 16, 1999, Consultant entered into a contract with the City to provide underwriting services for various community facility district financings for infrastructure in the Otay Ranch territory (the "Original Agreement"); and WHEREAS Consultant has submitted an unsolicited presentation recommending that the City pursue refinancing the outstanding debt of several assessment districts in order to provide significant savings to current property owners within those districts on their annual assessments; and WHEREAS Consultant has a unique knowledge and understanding of the City's assessment district policies, the subject districts, and all development in the eastern portion of the City due to their involvement in all recent assessment district financings; and WHEREAS Consultant warrants and represents that they are experienced and staffed in a manner such that they can deliver the services required of Consultant within the timeframe herein provided; NOW THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree to amend the Original Agreement as follows: 1. Paragraph 7. of Exhibit A to the Original Agreement is hereby amended to add the following: Consultant shall also provide similar investment banking services to assist in the development of a finance plan, evaluate financial alternatives, conduct due diligence and to underwrite bonds refinance outstanding debt of City assessment districts or community facility districts. Such services shall be provided for one or more refinancings as City shall direct. 02/21/01 17:56 FAX 619 585 5685 C.V. FINANCE DEP ~oo6 2. Paragraph ll.A.1, of Exhibit A to the Original Agreement is hereby amended to add the following: In connection with any refinancing of the debt of one or more assessment or commtm/ty facility districts, the City and Consultant expect to enter into a Bond Purchase Agreement. Such Bond Purchase Agreement will contain the specific terms and conditions affecting that particular bond issue. It is expected that Consultant's underwTiting fees will not exceed 0.75% of the par amount of that portion of each bond issue that is rated and 1.5°A of the par mount of that portion of each bond issue that is um:ated. In addition, upon review and approval of the City, Consultant may be reimbursed for the fees and expenses of its legal counsel in an amount not to exceed $15,000 for each refinancing bond issue. IN 'WITNESS W'TrlI~REOF, as of the Effective Date, City and Consultant have executed this First Amendment to Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: CITY OF CHULA VISTA STONE & YOUNGBEI~G LLC Shirley Horton, Mayor L. William I-luck, Principal Attest: Susan Bigelow, City Clerk Approved as to form: John M. Kaheny, City Attorney lis D~I~tit~NI103. · Y~N0&S 1£I9 ~S~' 610 X¥~I ~I:LI I0/I~/~0 THIRD AMENDMENT TO THE AGREEMENT BETWEEN CITY OF CHULA VISTA AND BEST, BEST & KRIEGER LLP FOR BOND COUNSEL SERVICES This Third Amendment ("Amendment") is entered into effective as of February 27, 2001 ("Effective Date") by and between the City of Chula Vista ("City") and Best, Best & Krieger, LLP ("Consultant") with reference to the following facts: Recitals WHEREAS, on March 16, 1999, Brown, Diven, Hessell & Brewer ("BDHB") entered into a contract with the City to provide Bond Counsel services related to various community facility district financings for infrastructure in the Otay Ranch territory ("the Original Agreement"); and WHEREAS the Original Agreement has been previously amended by a First Amendment approved by Resolution No. 2000-158 to add additional work, and a Second Amendment dated September 12, 2000, approved by Resolution No. 2000-320 to replace BDHB with Consultant; and WHEREAS Consultant has a unique knowledge and understanding of the City's assessment district and community facilities district policies, the subject districts, and all development in the eastern portion of the City due to their involvement in all assessment and community facilities district financings; and WHEREAS Consultant warrants and represents that they are experienced and staffed in a manner such that they can deliver the services required of Consultant within the timeframe herein provided; NOW THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree to amend the Original Agreement as follows: 1. Paragraph 7 of Exhibit A to the Original Agreement is hereby amended to add the following: 7 G. Consultant services described in paragraphs A-F in this section shall also apply to any refinancing of outstanding debt of existing assessment or community facility districts. 2. Paragraph 11 A. of Exhibit A to the Original Agreement is hereby amended to add the following: The above listed fees shall also apply to the First Series of Bonds issued under any refinancing of the outstanding debt of existing assessment or community facility districts. 1N WITNESS WHEREOF, as of the Effective Date, City and Consultant have executed this Amendment thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: CITY OF CHULA VISTA BEST, BEST, & KRIEGER LLP By: By: Shirley Horton, Mayor Warren Diven, Esq., Of Counsel Attest: Susan Bigelow, City Clerk Approved as to form: John M. Kaheny, City Attorney CITY COUNCIL AGENDA STATEMENT ltem No.: Meeting Date: 02/27/01 ITEM TITLE: PUBLIC HEARING: PCM 01-04; Consideration of an amendment to the Sunbo~v II Sectional Planning Area (SPA) Plan to transfer density equivalent to 130 dwelling units from Planning Areas 7,10A and 11 to Plarming Area 10. RESOLUTION: Approving an amendment to the Sunbow II Sectional Planning Area (SPA) Plan to transfer density equivalent to 130 dwelling units from Planning Areas 7,10A and 11 to Planning Area 10, and making the necessary findings. SUBMITTED BY: Director of Planning and Buildi REVIEWED BY: City Manager ~ (4/Sths Vote: Yes No X ) The applicant, the Morgan Group, Inc., has submitted a SPA amendment application to transfer density equivalent to 130 dwelling units from Planning Areas 7, 10A and 11 to Planning Area 10, located at the northeast comer of Medical Center Court and East Palomar Street (see Locator). The Environmental Review Coordinator has detemfined that environmental review for this project was covered under the previous certified Final Environmental Impact Report (FEIR) 88-01, Sunbow General Development Plan Pre-Zone, and therefore no further action is necessary. RECOMMENDATION: Adopt attached Resolution approving amendments to the Sunbow II Sectional Planning Area (SPA) Plan to transfer density equivalent to 130 dwelling units from Planning Areas 7,10A and 11 to Planning Area 10 in accordance with the attached City Council Resolution. BOARDS AND COMMISSION RECOMMENDATION: On January 8, 2001, the Design Review Committee considered the proposed project and, after hearing staffs' and applicant's presentations, conditionally approved the project by unanimous vote subject to certain conditions (see Attachment 4). On February 14, 2001, the Planning Commission considered the proposed project and, after hearing staffs' and applicant's presentations, approved the project by a 6-0 vote, subject to conditions. The Planning Comxnission recommended that the City Council Resolution include a condition requiring bus stop facilities, as determined by the City to serve future residents of this and other multi-family projects in Sunbow Il. Page 2, Item No.: / Meeting Date: 02/27/01 DISCUSSION: 1. Existing Site Characteristics Planning Area 7 (density donor parcel) is located north of East Palomar Street and on the east side of Medical Center Drive (see Locator). The 8-acre site is designated as Residential Multi-family (RM) and targeted for 160 dwelling units in the Sunbow II Site Utilization Plan. The site, which is presently being developed, was approved for a 156-unit apartment complex; four units less than the maximum number of permitted units for that parcel. Planning Area 10A (density donor parcel) is, located west of Medical Center Court and north of East Palomar Street. The approximate 8-acre site is designated as Residential Condominium (RC) targeted for 214 dwelling units in the Sunbow II Site Utilization Plan. The site, which is proposed for a 117-unit condominimn project, was approved by the City Council on February 13, 2001. Planning Area 11 (density donor parcel) is located to the west ofPaseo Ladera and south of Telegraph Canyon Road (see Locator). The approximate 18-acre site is designated as Residential Condominium (RC) and targeted for 160 dwelling units in the Sunbo~v II Site Utilization Plan. The site, which is presently vacant, is envisioned to be developed with 129 d~velling units, and is expected to be developed in the near future. Planning Area 10 (density receiving parcel) is located at the northeast comer of East Palomar Street and Medical Center Court. The approximate 15-acre site is designated as Residential Condominium (RC) and targeted for 206 dwelling units in the Site Utilization Plan; and is the recipient of the proposed equivalent transfer of 130 dwelling units. The 15-acre rectangular shaped super lot is currently vacant and has been mass graded in conjunction with the Sunbow II mass-grading program. The site is relatively flat with manufactured slopes on all sides. The slopes range from 3-10 feet above Sharp Hospital at the north, 6-15 feet above future Paseo Ladera to the east, 6-16 feet above East Palomar Street to the south, and 15-20 feet above Medical Center Court to the west. The final grades will differ approximately within 1-2 feet of the existing grade (see Attachment 4 site plan). Adjacent land uses include: Sharp Hospital to the north, single-family detached homes to the south of East Palomar Street and east ofPaseo Ladera, and a future I O-acre Community Park, west of Medical Center Court. Page 3, Item No.: ~ Meeting Date: 02/27/01 2. SPA Land Use Designations and Land Use The following table depicts Planning Area 10 land use designation, existing and surrounding land uses: CV Municipal Code Sunbow SPA Existing Zoning Land Use Designation Land Use Site PC, Planned RC, Residential Community Condominium) Vacant North CO, Administrative None Sharp Hospital and Professional South East Paloinar N/A 4-Lane Street Major Street East Pasco Ladera N/A Class t Collector Street West Medical Center N/A Function as Class 3 Court Collector Street 3. Proposed Project The requested amendment to tile Sunbow II SPA plan consists of transferring densities from Planning Area 7, 10A and 11 to Planning Area 10 as follows: a) Change the allowed number of dwelling units for Planning Area 7 from 160 to 156, and transfer 4 units to Planning Area 10. b) Change the allowed number of dwelling units for Planning Area 10A from 214 to 117, and transfer 97 units to Planning Area 10. c) Change the allowed number of dwelling units for Planning Area 11 from 160 to 131, and transfer 29 units to Planning Area 10. d) Change the allowed number of dwelling units for Planning Area 10 from 206 to 336, and transfer 130 units to Planning Area 10 (see Attachment 3). Page 4, Item No.: Meeting Date: 02/27/01 The following table illustrates the statistical table in the Site Utilization Plan: PLANNING ADOPTED PROPOSED PERCENTAGE OF TOTAL AREA SPA DENSITY UNITS PER311TTED TRANSFER UNITS 7 160 du's - 4 du's -2.5% 10A 214 du's - 97 du's -45.3% 11 160 du's - 29 du's -18.1% TOTAL 740 du's 4. Analysis: Density transfers are allowed under Section 1.0 of the Sunbow II SPA PC District Regulations: provided the density transfer improves the spatial arrangement and functional relationships, or materially increase the quality of the land use. Density transfers are allowed in order to promote density flexibility and residential diversity, which may be approved as part of the SPA approval process. The increase in the number of units must be accompanied by a corresponding decrease within another Planning Area. The 130-unit density transfer promotes density flexibility and residential diversity as the transfer is among four (4) parcels designated for multi-fanfily land use. The transfer improves the spatial arrangement and functional relationships as the 4 parcels are ~n close proximity to each other. The density transfer preserves the overall composition of residential units (by preserving the subject 130 multi-family dwelling units) which were envisioned in the adopted Sunbow II SPA Plan, and thereby maintaining a balanced conununity. This is especially true, since few multi-family projects have been developed to meet current housing demand. The 130-unit increase to Planning Area 10 is accompanied by a corresponding decrease in Planning Areas 7, 10A and 11; therefore, the overall residential density authorized in the adopted Sunbow II SPA Plan will remain unchanged (1,946 dwelling units). The numerical change in dwelling units for each of the 4 Planning Areas, resultant from the density transfer, will not affect the land use designation or land use boundaries as adopted. Page 5, Item No.: Meeting Date: 02/27/01 The density transfer will allow the applicant the opportunity to build luxury apartments within Sunbow II planned community and provide a well designed site plan and architecturally enhanced buildings, compatible in scale with the surrounding commercial and multi-family residential developments to the west. The project will also meet market demand for upscale apartments with amenities such as high tech wiring for all units, business center with computers, fax, copier and printer, private theater, and private fitness center, as well as providing additional common/private open space. Staff is of the opinion that the proposed density increase in units within Planning Area 10 will produce a more successful luxury apartment community and improve the variety of housing products offered in Sunbow and amenities for future residents. Planning Commissioner Willett inquired about the provision of transit services to serve the project, as well as other multi-family sites being developed within the Sunbow II planned community. As a result, staff began analysis of the need for the extension of existing bus routes and associated facilities. The City's Transit Coordinator determined that based on the potential ridership generated by the multi-family projects along Medical Center Court, East Palomar Street, and Paseo Ladera, it would be necessary to extend two existing bus routes (approximately 1.2 miles) to serve future residents of the subject project, and other multi-family residents in the area. At the time of the Planning Commission hearing, staff was of the understanding that multiple bus stop facilities might be necessary to serve the anticipated transit use in the larger development area. Based on a more detailed review of the estimated future ridership trends in the vicinity, as well as a review of the proximity o fthe existing bus stops, the City's Transit Coordinator has determined that only one bus stop facility (along East Palomar Street) is adequate to serve Planning Area 10. This is based on 336 project total units producing an estimated 2016 vehicle-average daily trips (ADT's). This equates to approximately 40 daily transit trips on average, justifying one fully Americans With Disabilities Act (ADA) accessible bus stop with a pole, sign, bench and trash receptacle (based on the Metropolitan Transit Development Board (MTDB) Regional Transit Design Guidelines). The estimated cost for this facility is approximately $3,500, which includes capital to improve the sidewalk area to acconunodate wheelchair mobility requirements of the ADA. Thus, staff has modified condition number 2 of the City Council Resolution to reflect the actual anticipated cost of the single bus stop facility requirement for this project. The applicant has agreed to this condition. Prior to approval of a project consisting of the actual facilities, appropriate environmental analysis shall be completed in accordance with the California Environmental Quality Act (CEQA). The project will also be required to comply and remain in compliance with all applicable conditions of the Master Tentative Map (Chula Vista Tract 90-07), and Supplemental Subdivision Improvement Agreement for Sunbow, Phase 1C prior to any building permit issuance. Page 6, Item No.: Meeting Date: 02/27/01 5. Conclusion: For the reasons mentioned above, staffrecommends approval of the project subject to the conditions listed in the attached City Council Resolution. FISCAL IMPACT The applicant has paid for all cost associated ~vith the processing o£the SPA amendment and will be responsible for paying corresponding Development Impact fees and other applicable development and processing fees, as they may be amended from time-to-time. Attachments: 1. Pla~ming ComnUssion Resolution and minutes 2. Locator 3. Site Utilization Plan 4. DRC Report and Graphics 5. Ownership Disclosure Statement H:\HOME\PLANNING\StanD\Sunbow~Agenda Statements\PCM 01-04 The Missions CC Agenda 27 Feb. 01.doc ATTACHMENT 1 RESOLUTION NO. PCM-01-04 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL APPROVE AMENDMENT TO THE SUNBOW II SECTIONAL PLANNING AREA (SPA) PLAN TO TRANSFER DENSITY EQUIVALENT TO 130 DWELLING UNITS FROM PLANNING AREAS 7, 10A AND 11 TO PLANNING AREA 10. WHEREAS, a duly verified application for a SPA amendment was filed with the Planning and Building Department on August 18, 2000 by The Morgan Group, Inc. ("Developer"); and, WHEREAS, said application requests approval to amend the Sunbo~v II Sectional Planning Area (SPA) Plan to transfer density equivalent to 130 dwelling units from Planning Areas 7, 10A and 11 to Plaiming Area 10 ("Project"); and, WHEREAS, Planning Area 7 (density donor parcel) is located on the west side of Medical Center Drive and north of East Palomar Street; Planning Area 10A (density donor parcel) is located to the west of Medical Center Court and northeast of Davies Drive terminus; Plamfing Area 11 (density donor parcel) is located to the ~vest of Paseo Ladera and south of Telegraph Canyon road; and Planning Area 10 (density receiving parcel) is located at the northeast comer of East Palomar Street and Medical Center Court within the Sunbow II Planned Community and P-C, Planned Community Zone District; and, WHEREAS, the Environmental Review Coordinator has determined that the project implements and falls under the purview of FEIR 88-01 and that no further environmental review is necessary; and, WHEREAS, the Planning and Building Director set the time and place for a hearing on the tentative subdivision map, 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 property at least 10 days prior to the hearing; and, WHEREAS, the heating was held at the time and place as advertised, namely 6:00 p.m., February 14, 2001 in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said heating was thereafter closed; and, WHEREAS, the Planning Commission has previously considered FEIR 88-01 and, therefore, no further environmental action by the Commission is necessary. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION hereby recommends that the City Council adopt the attached draft City Council Resolution approving the SPA amendment to transfer density equivalent to 130 d~velling units from Planning Areas 7, 10A and 11 to Planning Area 10 in accordance with the findings and subject to the conditions contained therein. BE IT FURTHER RESOLVED THAT a copy of this Resolution be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 14th day of February 2001, by the following vote, to wit: AYES: Castenada, Hall, Thomas, Willett, McCarm, Cortes NOES: 0 ABSENT: O'Neill ABSTENTIONS: Diana Vargas, Secretary Bob Thomas, Chairperson H:\HOME\PLANNING\StanD\SunbowSResolutions\Missions SPA PC Reso 14 Feb. 0l doc MINUTES OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA Council Chambers 6:00 p.m. Public Services Building Wednesday, February 14, 2001 276 Fourth Avenue, Chula Vista ROLL CALL/MOTIONS TO EXCUSE: Present: Chair Thomas, Commissioners Castaneda, Hall, Cortes, Willett, McCann Absent: O'Neill Staff Present: Jim Sandoval, Assistant Planning Director Stan Donn, Associate Planner Jeff Steichen, Associate Planner Beverly Blessent, Principal Planner Cliff Swanson, City Engineer Elizabeth Hull, Assistant City Attorney MSC (Thomas/McCann) to excuse Commissioner O'Neill. Motion carried. PLEDGE OF ALLEGIANCE/SILENT PRAYER INTRODUCTORY REMARKS: Read into the record by Chair Thomas APPROVAL OF MINUTES: MSC (Willet~dCortes) (6-0-1) to approve minutes of January 17, 2001 with noted corrections. Motion carried. ORAL COMMUNICATIONS: None 1. PUBLIC HEARING: PCM 01-04; Consideration of an amendment to the Sunbow II Sectional Planning Area (SPA) Plan to transfer density equivalent to 130 dwelling units from Planning Areas 7, 10A and 11 to Planning Area 10 - The Morgan Group, Inc. Background: Stan Donn, Associated Planner reported that the project is located at the northeast corner of East Palomar Street and Medical Center Court. The proposal consists of an amendment to the Sunbow Il SPA Plan to transfer density equivalent to 130 du's from F~ianning Areas 7, 10A and 11 to Planning Area 10. The transfer consists of the following: 4 units from Planning Area 7; 97 units from Planning Area 10A; and 29 units from Planning Area 11. Density transfers are allowed under Section 1.0 of the Sunbow ~1 SPA Plan provided that the density transfer improves the spatial arrangement and functional relationships, or increase the quality of land use. The increase in the number of units must be accompanied by a corresponding decrease within other planning areas. Planning Commission Minutes - 2 - February 14, 2001 The density transfer will allow the applicant to build luxury apartments within the Sunbow II Planned Community and provide a well-designed site plan and architecturally enhanced buildings that are compatible with the future commercial and multi-family residential developments to the west. The proposed development is comprised of 21 buildin§s evenly arranged and grouped around the clubhouse, leasing office and central recreation area. The proiect provides a total of 625 required parking spaces consisting of §ara§e, covered and open spaces, of which 25% (or 156) are open spaces for compact parking and are evenly distributed throughout the site. An approximate 6,600 sf clubhouse and leasin§ building is the main focal point of the Missions Apartment community. The outdoor recreation area behind the Clubhouse consists of a large la§oon, resort-style swimming pool and Spa. The City's Transit Coordinator has determined that it is necessary to extend two existing bus routes to provide bus services to future residents of the Missions Apartment complex and other multi- family residences along Medical Center Court, East Palomar Street and Paseo Ladera, therefore, staff is recommending that the applicant pay approximately $19,000, which is the project's fair share to install bus stop facilities along these streets. Staff is further recommending that this condition be added to the resolution as Condition #2. The applicant is in agreement with this condition. Staff believes that the proposed density increase in units within Plannin§ Area 10 will produce a well-designed luxury apartment community and provide necessary housing and amenities for future residents within Sunbow. Staff recommendation: That the Planning Commission approve Resolution PCM-01-04 recommendin§ to the City Council approval of the density transfer in accordance with the findings and subject to conditions contained in the Draft City Council Resolution, and add Condition #2 to the resolution relating to the bus stop facilities fee. COMMISSION DISCUSSION: Chair Thomas asked for clarification on how this project impacts traffic flow along these streets. Cliff Swanson, City Engineer responded that these streets are well within the capacity of handling the volume of traffic that will be generated by this project. Commissio.er Cortes inquired how long the Level of Service on these streets would continue to be acceptable in light of other projects comin§ on-line in the §eneral vicinity. Mr. Swanson responded that Medical Center Court, East Palomar Street and Paseo Ladera are deemed to be good all the way throu§h build-out. The critical locations are East H Street, Telegraph Canyon Road and future Olympic Parkway at 1-805. The City is working closely with the development community to stay within the capacity and not exceed the threshold standards before SR-125 is built. Planning Commission Minutes - 3 - February 14, 2001 Commissioner Willett asked when is the scheduled opening of Olympic Parkway. Additionally, Cmr. Willett asked if the school district can accommodate the students this project would generate. Mr. Swanson responded that from Brandywine to Oleander and from Brandywine to Paseo Ranchero, which is the first phase to the east, is currently scheduled to be completed June 2001; the second phase of the project, from Paseo Ranchero to La Media, is schedule to be completed the end of 2001; and the third phase, to Palomar or east of SR-125, is scheduled for mid to late 2002. Mr. Donn further responded that the City has received a letter from the School District indicating that these units have been accounted for and the schools have the capacity to serve these projects. Commissioner Castaneda asked for clarification on the rationale behind having an upper-scale luxury apartment complex in light of the inclusionary housing ordinance. Mr. Donn responded that Sunbow has fulfilled its requirement in providing 10% affordable housing. Commissioner Hall stated that he read as a condition of approval, that "prior to issuance of a building permit, the applicant shall obtain a "will-serve" letter from the Otay Water District", and asked why the City doesn't require the same from the gas and electric company guaranteeing energy supplies. Mr. Sandoval responded that there is such a requirement from all utility companies, including SDG&E as it relates to hook-ups, however, in terms of guaranteeing energy supplies, this is a questions that would be good for discussion at the upcoming Council workshop on Energy Conservation on March 1. Public Hearing Opened 6:30 Derrick Empey, representing the Morgan Group, stated that the Company is committed to combining the lifestyle of the Master Planned Community with upscale apartment living. The tenant profile they cater to are typically professionals, empty-nesters, who are looking for upscale apartment products that meet very high expectations. Mr. Empey described some design elements of the product's superior architectural design, its interior and exterior elements, amenities, and landscaping, which makes this a "Class A" product. The project offers 1,2, and 3 bedroom units ranging in size from 724 sf up to 1,235 sfand the rental rates are from $1,150 to $1,550. Cmr. Willett inquired what, if any, provisions have been made in safety standards for precluding children from operating the trash compactor equipment Mr. Empey responded that the compactor system is fully enclosed and gated and would solely be operated by trained property management staff Planning Commission Minutes - 4 - February 14~ 2001 Public Hearing closed 6:40. Cmr. Castaneda inquired what is being planned for the surrounding areas in terms of affordability. Mr. Dorm responded that Community Development is working with Sunbow on an agreement for the next phase, which is moderate housing. The Commission expressed a collective concern with the lack of availability of affordable housing, both in rental properties as well as in products that promote ownership. MSC (Willett/Thomas) (6-0-1) that the Planning Commission approve Resolution PCM-01-04 recommending to the City Council approval of the density transfer in accordance with the findings and subject to conditions contained in the Draft City Council Resolution, and add Condition #2 to the resolution relating to the bus stop facilities fee. Motion carried. ROAD SHARp CHULA VISTA GREG ROGERS PARK FUTURE pARK COMMERCIAJ_ PARK'VIEW ELEMENTARY SCHOOL Sunbow II SPA Boundary CHULA VISTA PLANNING AND BUILDING DEPARTMENT ~ PROJECT THE MORGAN GROUP PROJECT DESCRIPTION: ^PPL,C^.~ SPA AMENDMENT N PROJECT North east corner of East Palomar ADDRESS: Street & Medical Center Coud Request: Proposed density transfer within the Sunbow II SPA Plan i Transfering 130 dwelling units: 4 units from Planning Area (PA) 7, I I FILE NUMBER: 97 units from PA-10A, and 29 units from PA-11 to PA-10. End No Scale LOCATOR PCM - 01-04 result will be an increase from 206 units to a total of 336 units. ATTACHMENT PROPOSED No Scale Subject Site: Increase allowable[ number of permitted DU's from [ _/ r Project Boundary STATISTICAL SUMMARY 13 RS 26.2 t~2 ~OAOS .~ CAN D~)ATE CHURCH SffE 2o ~ lOO ~5 ALL GROSS ACREAGE NUMBERS FOR EACH PLANNING AREA ARE 21 RS 17.0 79 CALCULATIONS BASED ON THE Fq. ANNING AREA BOUNDARY 22 R~ 216 103 ~(TEND£D TO THE CENTERLINE OF THE ADJACENT ROAD Site Utilization Plan Exhibit A ATTACHHENT q DESIGN REVIEW COMMITTEE. Summary Staff Report CASE NO. DRC-01-06 MEETING DATE: January 08, 2001 AGENDA NO. ~1 PROJECT DESCRIPTION: 336-unit apartment comPlex, including recreation center, swinm~ing pool, cabana and tot lot. PROJECT NAME AND LOCATION: ThC Missions Northeast comer of Fast Palomar Street and Medical Center Court APPLICANT: The Morgan Group, Inc. 1819 Aston Ave., Ste. 105 Carlsbad, CA 92008 ARCHITECTS: KM+P 1301 Dove Street, Ste. 101 Newport Beach, CA 92660 ASSESSOR PARCEL NUMBER: 641-122-07 SPA PLAN DESIGNATION: RC, Residential Condominium ZONE: PC, Planned Community STAFF CONTACT: Stan Donn, Associate Planner ENVIRONMENTAL STATUS: The City Council has previously reviewed, analyzed, considered, and certified FSEIR-88-01 for the original Sunbo~v GDP and SPA. The Environmental Review Coordinator has determined that the proposed project has been adequately addressed for compliance with CEQA in the Sunbow Final EIR 88-01 and Addendum to Final EIR 88-01. RECOMMENDATION: 1. Approve the project contingent upon approval of SPA amendment (PCM 01-04) for a 130- unit density transfer and subject to the conditions noted in Section 8 of this report. DRC-01~06, The Missions - 2 - December 18, 2000 1. Project Setting The Mission project is within Planning Area 10 of the Sunbow II Planned Community, located at the northeast comer of Medical Center Court and East Palomar Street (See locator). Adjacent land uses include: Sharp Hospital to the north, single-fanfily detached homes to the south and east, and a future 10-acre Community Park'to the west, across Medical Center Court. The 14.6-acre rectangular shaped super lot is currently vacant and has been mass graded in conjunction with the Sunbow II mass-grading program. The site is relatively flat with manufactured slopes on all sides. The slopes range from 3-10 feet above Sharp Hospital at the north, 6-15 feet above future Paseo Ladera to the east, 6-16 feet above East Palomar Street to the south, and 15-20 feet above Medical Center Court to the west. The final grades will differ approximately within 1-2 feet of the existing grade. 2. Project Description The site (Planning Area 10) is designated as Residential Condominium (RC) in the Sunbow Site Utilization Plan and was approved for 206 dwelling units. The applicant proposes 336 dwelling units. To achieve the proposed number of dwelling units, the applicant is requesting approval of a 130-unit density transfer as follows: a) ,Change the allowed number of dwelling units for Planning Area 10A from 214 to 117, and transfer 97 units to PA 10. b) Change the allowed number of dwelling units for Planning Area 11 from 160 to 127, and transfer 33 units to PA 10. (See Site Utilization Plan) Density transfers are allowed under Section 1.0 of the Sdnbow II SPA PC District Regulations: if they will substantially improve spatial or functional relationships or materially increase the quality of the land use, and the increase in the number of units must be accompanied by a corresponding decrease within another Planning Area. The density transfer will not result in an increase in the number of dwelling units and permitted density for the adopted Sunbow II SPA Plan. The product type is California Spanish architecture, consisting of 21 three-story buildings with 4 plan types ranging in size from 723 s.f. to 1,308 s.fi of living space. All 4 plans have 1-3 bedrooms and at least one covered parking stall. The required parking, which includes guest parking is 625 spaces. Parking provided is 625 spaces. Parking distribution is shown in the project data table on page 3. DRC-01-06, The Missions - 3 - December 18, 2000 The project proposes an approximate 6,600 s.f. Clubhouse, swimming pool, spa, cabana and tot lot. Approximately 38% of the site is proposed to have landscaping. 4. Pro,iect Evaluation Criteria The project is subject to the requirements of the Sunbow II SPA, PC District Regulations and the approved Sunbow II Multi-Family Design Guidelines. Staff has used the Sunbow Il Multi-Family Design Guidelines (SMFDG) as the primary criteria for review. Where the Sunbow II PC District Regulations and Multi-Family Design Guidelines do not address applicable design criteria, staff has utilized the Chula Vista Design Guidelines (CVDG), the Chula Vista Municipal Code (CVMC) and where applicable, the City of Chula Vista Subdivision Manual (CVSM) was utilized as the supplemental sources in evaluating the project. 5. Project Data Assessor's Parcel Number: 641-122-07-00 Current Zoning: PC, Planned Community Sunbow II Land Use Designation: RC, Residential Condominium Lot Area: 14.6 acres REQUIRED/ALLO$VED: PROPOSED: Units: 206 Du's 336 Du's Density: 14 Du/Ac 23 Du/Ac. Floor Area Ratio: 1.25 .77 Setback: Subject to Site Plan review Front: East Palomar St. - 25' minimum Side: Medis;al Center Court and Paseo Ladera- 20' minimum Rear: 15' from fence to building structure Building Height: 45 feet, or 3 stories 42 feet and 3 stories Parking: 1 bedroom: 1.5 spaces Covered garage: 184 2 bedrooms: 2 spaces Carports: 170 3 bedrooms: 2.5 spaces Regular size spaces open: 103 Compact spaces open: 156 (25%) lbrm. 189 units = 189 spaces Handicap: 12 2brm. - 178 units = 356 spaces Total parking spaces: 625 3brm.- 80 units = 80 spaces Total required = 625 25% of required parking may be compact, or 1 compact for every 10 parking spaces. DRC-01-06, The Missions - 4 - December 18, 2000 6. Staff Analysis As mentioned above, staff is utilizing the Sunbow II Multi-Family Design Guidelines, the City's Municipal Code, Design Manual and Subdivision Manual in evaluating the project. The applicable design criteria are first presented in bulleted italics followed by staff discussion and analysis with staff recommendation in non-italics. Conditions of approval are presented in Section 8 of this report. a) Site Plan Building Arrangement The buildings are grouped around the major recreation area and connected by an efficient pedestrian circulation system. Buildings are oriented to place garage elevations and parking plazas away fi`om view corridors. Along Medical Center Court, Paseo Ladera and East Palomar Street, the enhanced side of the structures are exposed allowing the California Spanish architecture style to interface with the surrounding community. Grading ,, Grading should emphasize and accentuate scenic vistas and natural fortns. (CVDG) The mass grading of the site resulted in manufactured slopes ranging from 3 to 20 feet surrounding the site. A large 15-20-foot slope along Medical Center Court is situated directly east of the future Community Park. The slope will be landscaped to provide visual relief, and perimeter landscaping will accentuate the building design and articulation along Medical Center Court. The 6-16-foot slope along East Palomar Street ~vill also be landscaped in accordance with the Sunbow planting theme. In addition, the project's main entry, which leads to the clubhouse, will create additional visual interest with signage, special landscaping and enhanced paving. Along Paseo Ladera, the project features a 6-15-foot slope. Along this edge, buildings will be behind a row of parking. Landscape planting along this edge consists of canopy trees and lower shrubs designed in a rhythmic and undulating fashion to screen the alternating open parking and carports. The mix of tall maturing trees and lower shrubs allow vistas from Paseo Ladera into the project. Site Entry & Internal Circulation · Project entries' should be enhanced and obvious to the resident and visitors. Landscaped DRC-01-06, The Missions - 5 - December 18, 2000 medians, enriched paving, decorative landscaped entry walls and gateway structures are encouraged. Main Entrance: The main entrance is well defined by enhanced paving and an oblong shaped planter with accent planting material. Beyond the initial entry turnaround area, the 24-foot wide main entrance drive features landscaping on either side, and a 5-foot sidewalk along the east side of the drive, with a monument wall sign., At the end of the main entrance is the prominent clubhouse/leasing facility, which accentuates the California Spanish architecture of the project. The City's Landscape Architect recommends that plant material within the oblong shaped planter be upsized to enhance the main entry. The applicant has not provided a detailed sign program for the monument sign or included the type of entry gate within the fencing plan for the main entrance. Fencing and signage are further discussed on page 10 and 13 of this report, respectively. Secondary Entrance: A secondary entrance is proposed at the northwest portion of the site, fronting Medical Center Court, which is less prominent than the main entrance, and provides additional ingress and egress for the subject residents. The City's Engineering staff was concerned about potential vehicular movement conflicts between the Mission's secondary entrance and the main entrance of a recently approved 117-unit Condominium project known as Tivoli, which is located approximately 85 feet south of the Mission's secondary entrance. The City requested that a traffic analysis be conducted for the subject project and Tivoli to evaluate sight distance and intersection spacing along Medical Center Court (conflicts between the Mission's secondary entrance and the Tivoli's main entrance). The report concluded the Tivoli site entry and the Mission's secondary ent[ance met the City's standard for sight distance and intersection spacing; and that the Mission's secondary access traffic volume (less than ten percent of the project) would not be enough to result in a vehicular conflict with the Tivoli's main entrance. However, to minimize friction, the City's Traffic Engineering Department has conditioned that the Missions project provide a two-way-left-turn lane, striped on Medical Center Court beginning from East Palomar Street to the northerly boundary of the Mission's project site. · City Subdivision Manual Section 3-403.3 141la. state: "Gates shall be a minimum ofl5Ofeet (45m) away from the extension of the intersection street curb line, except upon approval by the City Engineer. DRC-01-06, The Missions - 6 - December 18, 2000 Main Entrance: The gate at the main entrance is located approximately 220 feet away from the right-of-way, and meet the 150- foot right-of-way separation prescribed in the City's Subdivision Manual. Secondary Entrance: The secondary entrance on Medical Center Court contains a gate approximately 18 feet from the right-of-way. Due to the grade difference between the site and Medical Center Drive, the gate cannot be located 150 feet fi:om the right-of-way. The concern is that if the secondary entrance gate is 150 feet into the project, a guest driving up into the entry cannot turn around. The gate is intended to serve tenants only. The applicant has proposed that a sign be placed at the secondary gated entrance indicating that only residents may enter. Engineering staff has reviewed the plan and recommends that the gale be moved back to provide adequate stacking for a minimum of 3 cars or be located at the top of slope and provide for a turn around area. The applicant will be required to obtain a waiver from the City Engineer prior to issuance of grading permits if the gate distance from the street right-of-way is less than 150 feet. The Police Department has expressed opposition to gated communities because of safety and crime concerns. According to Police Department staff, gated entries preclude the Police from meeting the City's response time threshold. Therefore, guarded entrances are recommended rather than gated entries. The Police Department has recommended that gates be deleted. However, the applicant is working ~vith the Police Department to resolve this conccrn. · Primary circulation drives should, wheneverpossible, be separate from parking areas and provide no direct access to parla'ng spaces. The site design inchidcs a primary circulation drive with parking located along the drive. Landscape buffers are provided within parking islands to screen parked cars along with enhanced paving at selected pedestrian crossings along the internal drives to distinguish the pedestrian crossings in parking areas. · Turnarounds should beprovided wherever dead-end driveways orparking aisles cannot be provided. Fire Department requires turnarounds for drives exceeding 150 feet. Drives serving the project that exceed 150 feet provide the required turnarounds, except for buildings 6 and 7, which exceed the 150 feet length by approximately 15 feet and does not have a turnaround. Thc Fire Department determined that the additional driveway length was acceptable at this one location and therefore, a turnaround was not required for these two buildings. · Pedestrian/vehicle conflicts should be avoided, dead-end driveways should be minimized, DRC-01-06, The Missions - 7 - December 18, 2000 and there shouM be adequate space for maneuvering, stacking and accommodating emergency vehicles. Walkways and the internal circulation drives are symmetrically designed throughout the complex and provide safe access for pedestrians and minimize vehicular conflicts. The minimum distance between garage to garage is 35 feet and between garages to open or carport parking spaces is 30 feet, which allows adequate space for maneuvering, stacking and accommodating emergency vehicles. Pedestrian Circulation & Linkages · Pedestrian walkways should be provided to link dwelling units with common open space areas, recreational and support facilities, parlcing areas and the street. ~lppropriatepaving should be used where pedestrians are likely to cross landscaped areas. As mentioned above, the pedestrian plan provides for walkways that cross the interior drives via enhanced paving or painted stripes and facilitate safe pedestrian access throughout the site. Walkways within the site are connected to the sidewalks along the main entrance at East Palomar Street, and the side~valk on the south side of the secondary access at Medical Center Court; which provide connectivity with the public sidewalks along Medical Center Court and East Palomar Street that lead to the comlnunity park and commercial center to the west. The City's Landscape Architect reviewed the pedestrian circulation and recommends the following: 1. Add pedestrian crossing from gate 3 and building 1 to building 2. 2. Add pedestrian crossing from building 18 across to buildings 1 & 21. 3. Add pedestrian crossing fi'om building 17 across to buildings 19 & 20. 4. Jog walkway between buildings 1 & 21 around parking space. 5. Jog ~valkway between buildings 19 & 20 around parking space. 6. Identify pedestrian walkway from common open space to carports north of buildings 10&ll. 7. Adjust location of gate 1 to avoid the need to jog connection between buildings 10 & 12. DRC-01-06, The Missions - 8 - December 18, 2000 8. Add pedestrian crossing between buildings 10 & 11. 9. Change all striped crossings to enhanced paving or stamped concrete. 10. Submit to the satisfaction and obtain the approval of the Director of Planning and Building for the completion of landscape construction drawings. The applicant has agreed to incorporate the recommended pedestrian walkways to the project. Parking The Sunbow II SPA plan requires 1.5 parla'ng space for every one bedroom, 2 spaces for every two bedrooms and 2.5 spaces for every 3 bedrooms. The SPA plan also limits the number of compact spaces to 25% of the total off-street parking. The current site plan satisfies the number of required parking spaces, with 75 % of the spaces being standard size and 25% of the parking as compact. Staff recommends that the compact parking, which is 15' x 7 ½' can be reduced to as 13 V2' x 7 ½' with a 1 V2' overhang, and standard parking which is 19' x 9' can be reduced to 17 provided the adjacent sidewalk or landscape planter is widened accordingly. Parking Screening · Theplacementofcarportsadjacenttostreets, elevatedslopesorotherhighlyexposedareas is strongly discouraged. 24 Carports are proposed and evenly distributed throughout the site. 5 carports are proposed along the north fenced boundary, and 6 carports are proposed along the east edge of the site facing Paseo Ladera. Staffis concerned about the visual impacts of the carports and open parking along the Paseo Ladera's edge, as the carports and open parking at this location are most visible from the street. In staff's opinion, the carports should be deleted along Pasco Ladera. However, a carport design solution along with a generous landscaping program along this edge may be a potential solution. The applicant has indicated that the carports, which provide shade and shelter from the elements as well as garages in close proximity to all the units, are an important amenity for an upscale apartment complex such as Missions. The applicant proposes an architecturally compatible carport design and well designed landscaping along Pasco Ladera to provide DRC-01-06, The Missions - 9 - December 18, 2000 visual relief fi-om offsite views of the project. The City's Landscape Architect has reviewed the landscape plan along Paseo Ladera and concurs that the planting material and trees will screen the carports. However, the initial size of the material shown on the plan will take several years to accomplish the full screening effect, and therefore recommended that the trees along Paseo Ladera shall be 36" and 48" box size or of a size and species that provides screening to the full satisfaction of the Director of Planning and Building. · Generally, there should be no more than 10 spaces ofuninterruptedparla'ng, whether in garages, carports, or open parla'ng areas. Landscaped bulbs, or pedestrian access ways with landscaping and/or architectural elements such as trellis structures can be used to provide this separation. Landscaped nodes are provided approximately every 10 parking spaces. Planter nodes are at least 8- foot in width, including an 18-inch step out area (i.e. 6 inch curb and 12 inch walk way on either side) is provided. Because of the open parking stalls and carports, screening is accomplished by providing landscaped pockets in the proposed plan. The landscaped islands have been provided to break up the parking drives and soften the appearance of unrelieved paving. The carports also help to break up and add interest to the overall project. Trash Enclosures & Recycling · Projects of 5 or more units shall beprovided enclosed dumpsters at a rate ofl standard dumpster per 12 units. Plans and specifications should be reviewed with the city's Conservation Coordinator in order to ensure compatibility with~current refuse and recycling collection practices and to ensure compliance with applicable waste management requirements. Based on 336 units, 28 trash enclosures are required. The applicant is proposing a central trash compactor and recycling enclosure as well as Ixash pick-up at each individual unit in lieu of 28 trash enclosures. The trash compactor and recycling enclosures are located at the northeast comer of the site, and consist ora 35'x 14'x9' high masonry construction structure. The City's Conservation Coordinator has requested a comprehensive trash collection and recycling program be prepared to insure that the future tenants receive adequate refuse collection and recycling service. Thus, staffhas included a condition requiring the applicant to prepare, submit and obtain approval of said trash collection and recycling program prior to issuance of building permits. DRC-01-06, The Missions - 10 - December 18, 2000 In the event that the Conservation Coordinator determines that trash enclosures are required, the applicant shall prepare a revised site plan showing the location of the trash enclosures in relation to the parking, building, walkways, open space, etc. In addition, trash enclosure construction details and a revised site plan should be submitted to staff for review and approval. Fencing · Walls and fences shouM complement the overall design of the development. Trees, shrubs, and vines should be used to soften the appearance offences and walls and deter graffiti. A conceptual wall plan depicts a stucco theme wall along East Palomar Street, a view fence consisting of tubular steel along Medical Center Court, Paseo Ladera, and the north boundary. However, the wall/fencing plan does not provide dimensions for the proposed fencing. Thus, a fencing plan addressing the following items should be submitted to staff for review approval. I. Dimensions of the proposed fences. 2. Specify neighborhood theme wall colors and materials composition. 3. The view fencing shall be 6 feet. b) Landscaping The perimeter landscaping includes plantings along Paseo Ladera to the east, Medical Center Court to the west, East Palomar Street to the south and Sharp Hospital to the north. Attention to the project entrance on East Palomar Street has been provided through the use of accent shrubs in a median planter and backed by secondary Canopy trees along the entry drive. The users of the site will perceive an arrival to the complex through this design. Parking lot landscaping has been provided with canopy trees and base shrub plantings. Landscaping nodes are adequately placed at every 10a parking stall. City code requirements for a minimum of 10 percent landscape areas within the parking lot has been satisfied. Landscape areas have beenprovided throughout the site. Planter strips accent the main entry drive. Plantings of shrubs and ground cover have been provided equally on both sides of the interior sidewalks. The project's primary landscape area is the center recreational area with a swimming pool, spa, seating areas with overhead trellis and BBQ's, and enhanced tree and shrub plantings. The area also includes open lawn areas ranging from 30-40' wide by 30'-60 length in size. DRC-01-06, The Missions - 11 - December 18, 2000 While these lawn areas are too small for informal play the expanse does provide some natural space relief to the development. Two tot-lots are also included within the recreational area. The Project is surrounded on all four sides with slopes previously graded and planted and irrigated in satisfaction of the City's grading ordinance requirements. The existing plant material includes Eucalyptus and Califomia pepper trees and several varieties of native/naturalizing shrubbery and groundcovers selected for the species low water requirement characteristics. Tot-Lot · Tot Lots should feature a soft ground surface, shaded seating areas and defining edges and/or open fencing of wrought iron or tubular steel and shouM be well buffered, but visible from adjacent dwellings. There are two tot-lots proposed at the northeast and southwest comer of the central recreational courtyard. Tot-lot location and equipment should be shown on Landscape Plans xvith note on Site Plan and Concept Grading Plan referencing tot lots on Landscape Plans. However, if equipment has not been determined at this time, then Tot-lot equipment shall be designed to the satisfaction ofthe City's Landscape Planner. Staffrequests that the proposed surfacing material be identified and provide more information on the type of equipment, which should be designed for two age-types: toddlers and young children. Open Space · Thedesignandorientationoftheseareasshouldtakeadvantageofavailablesunlightandbe sheltered from noise and traffic of adjacent or other incompatible uses. Private terraces are provided for all the units to allow for more lighting and private open space. These terraces are positioned away from the exterior streets and adjacent traffic noise. · Multi-familyprojects should maximize the feeling of open space within each development. Greenbelts, courtyards, gardens, and plazas shouM all be incorporated into the overall design to provide opportunities for passive recreation and relaxation, as well as views of vistas. Open space is provided mainly by the clubhouse and recreation area, which are centrally located, for both passive and active recreation and relaxation. The recreation area is designed as a central gathering place with complimentary landscaping. The future 10-acre community park is located directly west of the site, across Medical Center Court, and provides additional passive and active recreation for the residents. DRC-01-06, The Missions - 12 - December 18, 2000 · Open Space areas shall constitute a lot with a minimum dimension of 6feet and not less than 60 sq. fi. irt area that is landscaped and/or developed for recreational and leisure use, and is conveniently located and accessible to all units. One-bedroom and all other units above the first story: 60 square feet of open space; two- and three-bedroom ground floor units: 80 and 100 square feet of open space, respectively. The plan provides for a minimum dimension of 6' x 10' of usable private open space area for the ground floor units, as well as second and third story units. c) Architecture Architecture Style The architectural style at Sunbow shall be classic California Spanish. (SVCDG) The project is designed in a California Spanish style. Spanish elements include: roof tile, plaster exterior with wainscots, iron rails, wood shutters and decorative ceramic tiles. The Missions architecture is compatible with the architectural styles of residential developments to the south, the commercial center to the west and multi-family developments to the northwest. The exteriors of the 16-unit buildings are earth-toned plaster with trim in complimentary colors. Roofs are concrete "S" tile, also in earth tones. Spanish details include metal rails, wood fascias, stucco window surrounds, and decorative lighting fixtures act as color accents in the elevations. Garages are contained within the buildings and are integrated into the overall design. Windows and balconies are coordinated with the California Spanish theme. The building facades are broken up into multiple planes, with varying roof treatment and details, which creates shadow lines and reduces the building mass. Hipped roofs are provided to help minimize the massing of the building. An alternate rear elevation with architectural enhancements is provided and plotted where exposed to public view. Two (2) color schemes, one for each building is provided to reduce monotonous appearance. Staff endorses the design, but recommends that architectural enhancements be provided on the rear elevations to add interest and articulation to the building design. Clubhouse and Recreational Plaza The approximately 6,600 S.F. club/leasing building is the main focal point of The Missions apartment community. The building has been prominently located in the center of the project and is easily viewed fi.om the main project entry. The single story structure contains two leasing areas, large club room, conference/business center, media room, exercise room, kitchen, game room, two administration offices and staff kitchen. DRC-01-06, The Missions - 13 - December 18, 2000 The building is thematic in character with a main tower feature, porches and trellis structures to add visual interest. Special detailing on the building includes: knee bracing, wood fascias, wainscot, precast columns, decorative lighting and metal grilles, which compliment the California Spanish theme. The outdoor recreation area behind the club/leasing building consists of a large lagoon, resort style swimming pool and spa, as well as an expansive deck area around the pool for sunning and congregating. Additionally, a large common area adjacent to the club/leasing building has passive outdoor areas. The large, central common area as well as the prominent club/leasing building will be an integral focal element for The Missions apartment community and provide its residents with state of the art leisure time facilities. Maintenance Building A 400 square foot maintenance building approximately 13'2" in height is proposed adjacent to a carport structure at the north boundary, The maintenance building's material, color and design match the apartment building design. Staffreconm~ends that a window or windows be added to the left elevation of the maintenance building. d) Signs A sign program was not included as part of the project submittal package. Thus, staff recommends that a sign program addressing entry sign as well as directional and warning signs be submitted to staff for evaluation and approval. e) Lighting · All light sources shall be shielded in such a manner that the light is directed away from streets and adjoining properties. Illuminators shall be integrated within the architecture of the building. (CVMC Section 3.4) A lighting plan is not provided at this time. Staff requests that the applicant provide a lighting plan, including specifications (e.g. height and type of lighting, material and color) for staff review and approval prior to the issuance of building permits. DRC-01-06, The Missions - 14 - December 18, 2000 7. Conclusion The Site Plan for the Missions development in the Planning Area 10 as conditioned implements the guidelines and design elements described in the Sunbow II SPA Plan, therefore, staffrecommends approval of the project subject to the conditions below. 8. Conditions of Approval The following conditions shall be incorporated into the plan by the applicant prior to issuance of building permits for this project: 1. Plans for features such as fire sprinkler systems, stand pipes and alarm system shall be submitted and approved by the Fire Department prior to issuance of building permits. 2. Provide "2A 10BC" rated fire extinguishers (within 75 ~eet of travel distance). 3. A comprehensive lighting plan shall be submitted and approved to the satisfaction of the Planning Division and Police Department prior to issuance of building permits. 4. Comply with all requirements of the Crime Prevention Unit of the Chula Vista Police Department. This includes scheduling a security evaluation by Richard Preuss (69t- 5127). Security hardware should be indicated on building plans and security measures shall be in place prior to occupancy. See attached Police Department comments. 5. The applicant shall participate in the Crime Free Multi-housing program. 6. Comply with all requirements of the Chula Vista Poiice and Fire Departments; including obtaining approval for gated entries. 7. Prior to issuance of building permits, the applicant shall obtain a "will serve" letter from the Otay Water District. 8. Obtain a construction permit from the Engineering Department to perform any work in the City's right of way. 9. Comply with all requirements of the Engineering Department including the payment of all applicable sewer capacity and connection, development impact and traffic signal fees prior to issuance of building permits. DRC-01-06, The Missions - 15 - December 18, 2000 10. A graffiti resistant treatment shall be specified for all wall and building surfaces. This shall be noted on the building plans. Additionally, the project shall conform to Sections 9.20.055 & 9.20.035 of C.V.M.C regarding graffiti control. 11. All permanent signs located ~vithin public street right-of-way or any public easements, shall require an encroachment permit approved by City Council. 12. Construct all proposed driveways according to Chula Vista Construction Standards. 13. All freestanding and retaining walls shall be decorative type. Specific wall type, color and materials shall be submitted to staff for final review and approval. 14. The trash compactor enclosure shall be constructed of concrete masonry and finishes that relate to the buildings. The enclosure shall utilize a wood trellis attached to the top and provide additional landscaping to serve as visual screening. 15. Landscape nodes between parking bays shall be 8' wide with a 12" concrete step area ,and 6" curb on each side abutting parking. Landscape nodes at the end of parking bays shall be 6' wide ~vith 12" concrete step area and 6" curb on the side abutting parking. 16. The trees along Paseo Ladera shall be 36" and 48" box size or of a size and species that provides screening to the full satisfaction of the Director of Planning and Building. 17. Reduce compact size parking stall length fi.om 15 ft. to 13½ ft. and standard size fi.om 19 ft. to 17½ ft. to allow the planter or walk to serve as wheel stop. Increase planter areas and concrete walks accordingly. 18. Submit a letter stating that the Morgan Group, Inc. and/or its successors in interest will be responsible for the maintenance of the project's landscape material and irrigation system. 19. Incorporate enhanced paving along the internal drive to distinguish parking areas and pedestrian crossings as follows: · Add pedestrian crossing fi.om gate 3 and building I to building 2. · Add pedestrian crossing fi.om bnilding 18 across to buildings I & 21. · Add pedestrian crossing fi.om building 17 across to buildings 19 & 20. DRC:01-06, The Missions ~ 16 - December 18, 2000 · Jog walkway bet~veen buildings 1 & 21 around parking space. · Jog walkway between buildings 19 & 20 around parking space. · Identify pedestrian walkway from common open space to carports north of buildings I0 & 11. · Adjust location of gate 1 to avoid the need to jog connection between buildings 10 & 12. · Add pedestrian crossing between buildings 10 & t 1. · Change all striped crossings to enhanced paving or stamped concrete. · Submit and obtain the approval of landscape construction drawings. 20. Street and building address shall be consistent with Chapter 12.48 of the City's Municipal Code "Street Names" Section. 21. Prepare and obtain approval for a comprehensive trash and recycling program from the Conservation Coordinator prior to submittal of plans for building plan check. 22. The secondary entry drive along Medical Center Court shall be provided with enhanced paving at the entrance with signage indicating the entrance for residents only. A minimum 4-foot sidewalk shall be provided along the southerly edge of the entrance drive. 23. Obtain approval from the City Engineer to waive required 150-foot distance from the street curb to the secondary entry gate and provide adequate stacking for at least 3 cars or locate the gate to the top of the slope and provide for a turn around area. 23. A sign program, including dimensions, color and materials shall be submitted to staff for final review and approval. 24. The neighborhood 6-foot theme wall along East Palomar Street shall be stucco finish to match the buildings. 25. Prepare, submit and obtain approval of a revised comprehensive fencing plan by staff. The fencing plan shall address the follo~ving items: Dimensions of the DRC-01-06, The Missions - 17 - December 18, 2000 proposed fences; specify neighborhood theme wall finish colors and materials composition; fencing height shall be 6 feet. 26. Provide information on the type of tot lot surface and equipment to the satisfaction of the City's Landscape Plarmer. The equipments shall be designed for two age groups: toddlers and young children. 27. It is recommended that plant material within the oblong shaped planter be upsized to enhance the main entry. 28. The open space terraces shall be 6 feet minimum: 60 square feet for one-bedroom and all other units above the first floor; two and three-bedroom ground floor units: 80 and 100 square feet of open space, respectively. 29. Incorporate architectural enhancements to the building's rear elevations to add interest and articulation to the building design. 30. Add a window or two to the left elevation of the maintenance building. 31. Offset colors between buildings to reduce monotonous appearance; and window trims should match building color. 32. Provide a lighting plan to staff for review and approval. 33. Provide for a signing and striping plan, which shows a two-way left turn beginning at East Palomar Street and extending northerly to the subdivision boundary. Attachments: 1. Locator 2. Blueprints 3. Disclosure statement H2ttOME~PLANNING\StanDXSunbow'ff)RC Reports~DRC-01-06 The Mission Apartments.doc MISSIONS AT SUNBO~q ATTACHMENT 5 T[ _~ITY OF CHULA VISTA DISCLOSUF,. ~TATEMENT You are required to file a Statement of Disclosure of certain ownership or financial interests, payments, or campaign contributions, on all matters which will require discretionary action on the part of the City Council, Planning Commission, and all other o~cial bodies. The following information must be disclosed: 1. List the names of all persons having financial interest in the property which is the subject of the application or the contract, e.g., owner applicant, contractor, subcontractor, material supplier. ~C~NAT~ MORGAN 2. If any person* identified pursuant to (1) above is a corporation or partnership, list the nardes of all individuals owning more than 10% of the shares in the corporation or owning any padnership interest in the partnership. 3. If any person* identified pursuant to (1) above is non-prof'~ organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. 4. Have you had more than $250 worth of business transacted with any member of the City staff', Boards, Commissions, Committees, and Council within the past twelve months? Yes __ No × If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants, or independent contractors who you have assigned to represent you before the City in this matter. D~;K ~EY Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election period? Yes __ No ~ If yes, state which Councilmember(s): (NOTE: ATTACH ADDITIONAL PAGES ~C~SS~Y)~..-~ Jf Signature ~actor/applicant LOUIS KUNTZ SENIOR VICE pRESIDI~X]T-DEArELOPMt THE MORGAN GROUP, INC Print or type name of cohtractor/applicant * Person is defined as: ",4ny individual, firm. co-partnership, joint venture, associatior~ social club, freaternal organizatior[ corporatior~ estate, trust, receiver, syndicate, this and any other county, city and country, city rnunicipaliO~, district, or other political subdivisior~ or any other group or combination acting as a unit." RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENT TO THE SUNBOW II SECTIONAL PLANNING AREA (SPA) PLAN TO TRANSFER DENSITY EQUIVALENT TO 130 DWELLING UNITS FROM PLANNING AREAS 7, 10A AND 11 TO PLANNING AREA 10. I. RECITALS A. Project Site WHEREAS, the area of land which is subject to this Resolution is diagrammatically represented in Exhibit "A", attached hereto and incorporated herein by this reference, and commonly known as Planning Area 7, 10, 10A & 11. For the purpose of general description Planning Area 7 is approximately 10.6 acres and targeted for 160 units; Planning Area 10 is approximately 17 acres and targeted for 206 units; Planning Area 10A is approximately 10.9 acres and targeted for 214 units; and Planning Area 11 is approximately 18 acres and targeted for 160 units ("Project Site"); and, B. Project; Application for Discretionary Approval WHEREAS, a duly verified application was filed with the City of Chula Vista Planning and Building Department on August 17, 2000 by The Morgan Group, inc. requesting approval of a 130-unit density transfer from Planning Area 7, 10A and 11 to Planning Area 10 ("Project"); and C. Prior Discretionary Approvals WHEREAS, the subject property has been the matter of 1) a prior General Development Plan resulting in the current land use designations as shown on the Sunbow II General Development Plan (GDP), previously approved by City Council Resolution No. 15427 on December 5, 1989; 2) Sunbow II Affordable Housing Agreement, previously approved by City Council Resolution No. 18662, on May 13, 1997; 3) Sunbow II Public Facilities Financing Plan, previously approved by City Council Resolution No.15525 on January 24, 1990; 4) The Sunbow ii Sectional Planning Area (SPA) Plan, previously approved by Resolution No. 15524 on February 20, 1990; 5) Sunbow II Planned Community District Regulations and Land Use District Map, previously approved by Ordinance No. 236I on February 27, 1990; 6) Sunbow II Design Guidelines, previously approved by City Council Resolution 15640 on May 22, 1990; 7) Sunbow II Tentative Subdivision Map (TSM 90-07), which was approved by Resolution No. 115640 on May 22, 1990; and 8) Sunbow II Village Center SPA Amendment approved by Resolution No. 2000-221 on June 20, 2000; and, D. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on the Project on February 14, 2001 and, after hearing staff presentation and public testimony, voted 6-0 to recommend that the City Council approve the Project, in accordance with the findings listed below; and, E. City Council Record of Applications WHEREAS, a duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on February 27, 2001, on the Project and to receive the recommendations of the City Council, and to hear public testimony with regard to same; and, WHEREAS, the City Clerk set the time and place for a hearing on said SPA amendment application and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, and its mailing to property owners within 500 ft. of the exterior boundary of the project at least 10 days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., February 27, 2001, in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find, determine and resolve as follows: II. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on the Project held on February 14, 2001, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. IlL PREVIOUS EIR-88-01 REVIEWED AND CONSIDERED; FINDINGS; APPROVALS The City Council of the City of Chula Vista has previously reviewed, analyzed, considered, and certified FSEIR 88-01 (Sunbow Sectional Planning Area (SPA) Plan), and therefore no further action is necessary. IV. COMPLIANCE WITH CEQA The City Council has previously reviewed, analyzed, considered, and certified FSEIR-88-01 for the original Sunbow GDP and SPA. Based on this, the Environmental Review Coordinator has determined that the proposed project has 2 been adequately addressed for compliance with CEQA in the Sunbow Final EIR 88-01 and Addendum to Final EIR 88-0l, and no further action is necessary. V. ADOPTION OF SPA In light of the findings described herein, the amendment to the Sunbow SPA Plan, in the form attached hereto and incorporated herein as Exhibit "B", is hereby approved. VI. DENSITY TRANSFER FINDINGS Density transfers are allowed under Section 1.0 of the Sunbow II SPA PC District Regulations: provided the density transfer improves the spatial arrangement and functional relationships, or materially increase the quality of the land use. Density transfers are allowed in order to promote density flexibility and residential diversity, which may be approved as part of the SPA approval process. The increase in the number of units must be accompanied by a corresponding decrease within another Planning Area. · The density transfer itnproves the spatial arrangernent and functional relationships, or materially increase the quality of land use. The 4 parcels are in close proximity to each other. The density transfer preserves the overall composition of residential units (by preserving the subject 130 multi- family dwelling units) which were envisioned in the adopted Sunbow II SPA Plan, and thereby maintaining a balanced community. The project will also increase the quality of land use by meeting market demand for upscale apartments with high tech amenities as well as providing additional common/private open space. · The density transfer promotes densityflexibility and residential diversity The 130-unit density transfer is amongst four (4) parcels designated for multi- family land use within the adopted Sunbow II SPA Plan, and will allow for a balanced mix of condominiums and apartments within the Sunbow Planned Community. The density transfer will allow the applicant the opportunity to build additional luxury apartments within Sunbow II planned community and provide a well designed site plan and architecturally enhanced buildings that are compatible in scale with the surrounding commercial and multi-family residential developments to the west. · The increase in number of units must be accompanied by a corresponding decrease within another Planning Area. The 130-unit increase to Planning Area I0 is accompanied by a corresponding decrease in Planning Areas 7, I0A and 11, therefore, the overall residential 3 density authorized in the adopted Sunbow II SPA Plan will remain unchanged (1,946 dwelling units). VII. SPA FINDINGS APPROVAL A. THE SECTIONAL PLANNiNG AREA PLAN FOR SUNBOW AS AMENDED IS IN CONFORMITY WITH THE SUNBOW GENERAL DEVELOPMENT PLAN AND THE CHULA VISTA GENERAL PLAN. The transfer of dwelling units from one residential category to another within the General Development Plan (GDP) is permitted provided the overall number of dwelling units for the GDP is not exceeded. The proposed density transfer does not increase the GDP number of permitted dwelling units. Thus, the proposed SPA amendment is consistent with the Sunbow II General Development Plan and City of Chula Vista General Plan. B. THE SUNBOW SECTIONAL PLANNING AREA PLAN, AS AMENDED WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREAS. The density transfer substantially improves the overall residential product composition in the Sunbow II SPA Plan, and public facilities would be installed as prescribed in the Sunbow 11 Public Facilities Financing Plan to promote the orderly sequentialized development of the Sunbow II Planned Community. C. THE SUNBOW SECTIONAL PLANNING AREA, AS AMENDED WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONEMNTAL QUALITY. The 130-unit density transfer to Planning Area 10 will not adversely affect adjacent land use, residential enjoyment, circulation or environmental quality, as the overall land use composition within Sunbow II will remain in accordance with the originally adopted SPA plan. D. IN THE CASE OF PROPOSED RESIDENTIAL USES, THAT SUCH DEVELOPMENT WiLL BE APPROPIATE 1N AREA, LOCATION, AND OVERALL DESIGN AND DEVELOPMENT STANDARDS ARE SUCH AS TO CREATE A RESIDENTIAL ENVIRONMENT OF SUSTAINED DESIRABILITY AND STABILITY; AND THAT SUCH DEVELOPMENT WILL MEET PERFORMANCE STANDARDS ESTABLISHED BY THIS TITLE. The density transfer substantially improves the overall residential product composition in the Sunbow ii SPA Plan, and public facilities would be installed as prescribed in the Sunbow II Public Facilities Financing Plan to promote the orderly sequentialized development of the Sunbow II Planned Community. 4 E. IN THE CASE OF RESIDENTIAL USES, THAT SUCH DEVELOPMENT WILL BE APPROPRIATE iN AREA, LOCATION AND OVER-ALL PLANNING TO THE PURPOSE PROPOSED, AND THAT SURROUNDING AREAS ARE PROTECTED FROM ANY ADVERSE EFFECTS FROM SUCH DEVELOPMENT. The density transfer is among 4 parcels designated for multi-family development that are located in close proximity, and do not result in an overall increase in units within Sunbow II Planned Community. The previously adopted FEIR 88-01 analyzed the proposed development, and a mitigation monitoring program was prepared, which provided mitigated measures to insure the installation of all necessary public facilities and amenities prior to or in conjunctions with development. Thus, the 130-unit density transfer will not adversely affect the surrounding communities. F. THE STREET AND THOROUGHFARES PROPOSED ARE SUITABLE AND ADEQUATE TO CARRY THE ANTICIPATED TRAFFIC THEREON. The density transfer does not involve amendments to the planned circulation system. G. ANY PROPOSED RESIDENTIAL DEVELOPMENT CAN BE JUSTIFIED ECONOMICALLY AT THE LOCATION(S) PROPOSED AND WILL PROVIDE ADEQUATE RESIDENTIAL USES NEEDED AT SUCH PROPOSED LOCATION(S). The proposed amendment to the Sunbow II SPA Plan does not involve new residential development. However, the adopted residential uses reflect the adopted Chula Vista General Plan and will provide needed residential units to future residents in the area. H. THE AREA SURROUNDING SAiD DEVELOPMENT CAN BE PLANNED AND ZONED IN COORDINATION AND SUBSTANTIAL COMPATIBILITY WITH SAID DEVELOPMENT. The density transfer substantially improves the overall residential product composition in the Sunbow II SPA Plan, and public facilities would be installed as prescribed in the Sunbow II Public Facilities Financing Plan to promote the orderly sequentialized development of the Sunbow II Planned Community. VIII. ADOPTION OF AMENDMENTS TO SPA In light of the findings described herein, the City Council does hereby approve amendments to the Sunbow SPA to allow a 130-unit density transfer in the form attached hereto and incorporated herein as Exhibit "B". All remaining conditions 5 of Sunbow SPA Resolution 15524 not modified by the Resolution shall remain in full force and effect. IX. SPA AMENDMENT CONDITIONS OF APPROVAL 1. Comply and remain in compliance with all applicable Tentative Map conditions of approval for Chula Vista Tract (CVT) 90-07 and applicable Supplemental Subdivision Improvement Agreement for Sunbow, Phase 1C. 2. Prior to the issuance of the first building permit, the applicant shall deposit $3,500 into a project account determined by the City's Transit Coordinator, representing the project's share for bus stop facilities that would be installed on East Palomar Street to serve the project. X. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Resolution. XI. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that any one or more terms, provision, or conditions are determined by a Court of competent jurisdiction top be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by Approved as to form by Robert A. Leiter Jo~h~. Kaheny Director of Planning and Building City Attorney II:'~sharcd\attomey\PCM 01-04 The Mission CC Reso(2) doc 6 -~RSPOSED No Scale' Project Boundary STATISTICAL SUMMARY CANDIDATE CHURCH BffE 14 RS 22.5 110 ~ 20 RS 10.6 55 ALL GROSS ACREAGE NUMBERS FOR EACH P~ANNING AREA ARE 22 ES 21.6 103 CALCULATIONS BASED ON THE PLANNING AR~A BOUNDARY Subtotal 298.4 1946 EXTENDED TO THE CENTERLINE OF THE ADJACENT ROAD $ito Utilization Plan Exhibit A -? SUNBOW NO BOUNDARY STATISTICAL SUMMARY 13 RS 26,2 112 OPEN SPACE & 217.7 0 CANDIDATE CHURCH 14 RS 22.5 110 ~' 16 RS 32.7 144 · PER TENTATIVE MAP OR FINAL MAP CALCULATIONS 20 RS 10.6 55 ALL GROSS ACREAGE NUMBERS FOR EACH PLANNING AREA ARE CALCULATIONS BASED ON THE PlANNiNG AREA BOUNDARY ~ RS ~l ,§ 1~3 EXTENDED TO THE CENTERLINE OF THE ADJACENT ROAD Site Utilization Plan Exhibit B COUNCIL AGENDA STATEMENT Item ~ Meeting Date 2/27/01 ITEM TITLE: Report on the staffing needs of the Street Maintenance, Street Striping & Signing, Urban Forestry Maintenance, and the Operations Administration Sections of the Public Works Department. Resolution Amending the FY 00/01 budget by appropriating $137,301, ($96,051) from the un-appropriated balance of the General Fund and ($41,250) of unanticipated Sewer Fund revenue for the remainder of the current fiscal year and approving additional staff, supplies, and office equipment for the Street Maintenance, Street Striping & Signing, Urban Forestry Maintenance, and Operations Administration Sections of Public Works. Resolution Amending the FY 00/01 budget by appropriating $100,000 from the un-appropriated balance of the General Fund to increase the tree trimming contract amount. Resolution Amending the FY 00/01 budget by appropriating $528,475 from the un-appropriated balance of the Public Facilities DIF Fund for equipment, appropriating $30,203 from the un-appropriated balance of the Gas Tax Fund for equipment, appropriating $39,825 from the un- appropriated balance of the General Fund for other professional services ($12,500), construction materials ($8,500), traffic control supplies (1,000), and for equipment replacement and maintenance costs ($17,825). SUBMITTED BY: Director of Public Works ~ ~ REVIEVqED BY: City Manager ~/ (4/5 Vote: Yes X No ) The reports accompanying this Agenda Statement present an analysis of the Street Maintenance, Street Striping & Signing, Urban Forestry Maintenance, and Operations Administration Sections of Public Works for the purpose of establishing an adequate staffing level that will help the City meet its growing needs for street maintenance, street markings & signs, and tree trimming services. As indicated in these repons, the Street Maintenance, Street Striping & Signing, Urban Forestry Maintenance, and Operations Administration Sections are currently experiencing staffing shortages. Furthermore, there are many new streets and trees in the Rolling Hills Ranch, Eastlake, Sunbow II, and Otay Ranch Villages 1 and 5 developments that will be turned over to the City in the near future, thereby exacerbating the staffing shortage. Page 2, Item __ Meeting Date 2/27/01 RECOMMENDATION: That Council: 1) Accept the reports on the staffing needs for the Street Maintenance, Street Striping & Signing, Urban Forestry Maintenance, and the Operations Administration Sections of the Public Works Department. 2) Adopt the Resolution amending the FY 00/01 budget by appropriating $137,301, ($96,051) from the tm-appropriated balance of the General Fund and ($41,250) of unanticipated Sewer Fund revenue and approving the addition of one (1) Public Works Supervisor, one (I) Equipment Operator, three (3) Senior Maintenance Workers, four (4) Maintenance Worker Viis, one (1) Tree Trimmer, one (1) Senior Administrative Office Specialist, and one (1) Temporary Part-Time Administrative Office Assistant I. 3) Adopt the Resolution amending the FY 00/01 budget by appropriating $100,000 from the un-appropriated balance of the General Fund to increase the tree trimming contract amount for the current fiscal year. 4) Adopt the Resolution amending the FY 00/01 budget by appropriating $528,475 from the un-appropriated balance of the Public Facilities DIF Fund for equipment, appropriating $30,203 from the un-appropriated balance of the Gas Tax Fund for equipment, appropriating $39,825 from the un-appropriated balance of the General Fund for other professional services ($12,500), construction materials ($8,500), traffic control supplies (1,000), and for equipment replacement and maintenance costs ($17,825). BOARDS/COMMISSIONS RECOMMENDATION: N/A EXECUTIVE SUMMARY: Provided is an analysis of the Street Maintenance, Street Striping & Signing, Urban Forestry Maintenance, and Operations Administration Sections of Public Works for the purpose of establishing an adequate staffing level that will help the City meet its growing needs for street maintenance, street markings & signs, and tree trimming services. The studies' results were derived through the application of a statistical formula that estimated a required staffing level given an estimated level of workload hours and required crew sizes. The Street Maintenance Study was prepared to determine the staffing level required to replace positions eliminated previously, eliminate backlogs, and properly maintain new streets added to the City since 1986. Staff is recommending that the Street Maintenance Section increase by six staff Page 3, Item__ Meeting Date 2/27/01 including related supplies and equipment. The annual cost of this recommendation is estimated to be $416,438. Included in these costs are $294,138 for salaries, $75,000 in service and supply costs, and $47,300 for equipment and replacement costs. An additional $418,678 (a one-time expense) for the purchase of equipment will be incurred in the initial year. The cost of this recommendation is offset by $165,000 of Sewer Fund revenue that will be reimbursed on an ongoing basis from sewer related street maintenance services generated by the addition of staff. The Striping & Signing Study focused on meeting desired maintenance frequencies of legends, curbs, crosswalks, parking stalls, pavement markers, and traffic signs. Staffis recommending that the Street Striping & Signing Section increase by three staff including related supplies and equipment. The annual cost of this recommendation is $149,443. Included in these costs are $123,892 for salaries, $1,551 for supply costs, and $24,000 for equipment and replacement costs. An additional $140,000 (a one-time expense) for the purchase of equipment will be incurred in the initial year. The cost of this recommendation is offset by $17,500 in developer fees for continued street marking fees, signs and sign installation generated by the addition of staff. The Urban Forestry Maintenance Study focused on meeting desired maintenance level of City trees, including street trees, park trees, and trees located on City property. Staffis recommending that the Urban Forestry Maintenance Section increase by one additional staff and an increase in the tree trimming contract. The annual cost of this recommendation is $145,879. Included in these costs are $45,167 for salaries, $ 712 for supply costs, and $100,000 for increasing the tree trimming contract. The Public Works Operations Administration Study focused on meeting the demands placed on the present clerical staff as a result of a growing division related to the continued growth of the City. Staff is recommending that the Operations Administration Section increase by one additional staff and temporary part-time staff. The annual cost of this recommendation is $40,688. Based on the studies' results, a total of I 1 staff are recommended including supplies and equipment. The net cost (including revenue offsets) of implementing all of the recommendations is $231,501 for the current fiscal year and $469,948 annually, thereafter. The following table provides a summary of the first year implementation costs as well as continuous costs by each section: Page 4, Item Meeting Date 2/27/01 Summary of All Costs STREETS SIGNING/STRIPING TREES CLERICAL TOTAL COST Cost I st Year Ongoing 1st Year Ongoing 1 st Year Ongoing 1 st Year Ongoing 1 st Year Ongoing CATEGORIES Implement Cost Implement Cost Implement Cost Implement Cost Implement Cost Staffing 70,033 294,138 29,498 123,892 10,754 45,167 17,753 40,688 128,038 503,885 Services/Supplies 36,825 122,300 7,551 25,551 100,712 100,712 4,000 149,088 248,563 Fixed Assets 418,678 140,000 558,678 TOTAL COST 525,536 416,438 177,049 140,443 111,466 145,879 21,753 40,688 836,804 752~448 FUNDING: DIF 4t8,678 109,797 528,475 ;ewer 41,250 165,000 41,250 165,000 Developer Charges 4,375 17,500 4,375 17,500 Gas Tax 30,203 100,000 30,203 100,000 General Fund 65,608 251,438 32,674 131,943 111,466 45,879 21,753 40,688 231,501 469,948 TOTAL FUNDING 826,538 416,438 177,049 14g~3 111,486 145~879 21,783 40~688 838~804 782,448 Page 5, Item __ Meeting Date 2/27/01 DISCUSSION: STREET MAINTENANCE STUDY. Budget & Analysis staff prepared the staffing report for the Street Maintenance Section with the assistance of Public Works Operations staff The primary purpose of this study was to determine the staffing level required to replace positions eliminated previously, eliminate backlogs, and properly maintain new streets added to the City since 1986. Analysis of the Street Maintenance Section indicates that a more optimum staffing level is achieved by increasing the staffing level by an additional eight positions in addition to equipment. This increase in staffing and equipment yields the resources and flexibility to meet the current workload and manage the pending backlog of jobs. Workload. A more detailed and specific breakdown of the Street Maintenance Section's current workload requirements is listed in the following tables: A & B. Table A lists the street maintenance/repair tasks and Table B lists the non-street maintenance tasks. Both tables provide a brief description of the specific task/activity and the number of yearly staff hours required to complete the specified level of workload units. Table A - Summary of Street Maintenance/Repair Production ESTIMATED YEARLY TASK HOURS PROJECTED WORK CREW OUTPUT Produce an estimated 126,000 sq. ft. of street reconstruction work throughout the City. 75% of the Street work to be performed on residential streets needing Reconstruction 8,400 immediate attention. Pothole Repair 2,200 Repair 4,500 potholes/year throughout the City streets. Sewer Lateral Resurface an estimated 425 sewer lateral cuts produced Cut/Resurfacing & by the City's wastewater division and repair an estimated Curb-line Repair 4,200 100 curb-lines per year. Place 400 sidewalks wedges throughout the City, O~herAsphalt perform pavement scoring in preparation of street Work Support reconstruction work, perform minor pavement overlays Tasks 1,200 as needed. TOTAL 8.0 FTES As indicated by Tablo A, the street maintenance workload requires a staffing level that yields 8.0 FTEs. This represents a shortage of 3.7 FTEs over what is yielded at the current staffing level. Page 6, Item __ Meeting Date 2/27/01 However, staff is revising its staffing recommendation from eight to six positions. Further analysis of the workload mveated that a portion of the non-street maintenance tasks that include trash pick-up and weed abatement could be accomplished through the utilization of Probation work crews. Increasing the Street Maintenance Section's budget to pay for extra work crew days provides the City a cost effective alternative to hiring two additional positions. The staffing projections for the tasks listed in Table A were developed using different methods. For example, the projection for the number of hours required for the tasks under the category "Other Asphalt Work Support Tasks" and "Pothole Repairs" is based on a three-year trend of the average number of hours that were required to complete these tasks. In addition, an estimated output of 4,500 pothole repairs was also factored into this projection. The projection for the number of hours required to complete sewer lateral related work was based on the yearly projected number of sewer lateral repairs to be completed by the City's Wastewater Division. Projecting the number of staff hours required for street reconstruction was more difficult as there was no current data other than an estimated backlog totaling 136 pending jobs to assess the condition of the City's streets. This backlog only provided a partial indication of where these services were needed and provided further indication that street reconstruction tasks were not being performed due to workload demands in other areas. This was confirmed by analysis of the historical output and staff hours for this activity from 1997 through 1999 that indicated that street reconstruction services had received a lower priority in terms of staff resoumes. Therefore, estimating the number of necessary labor hours required for street reconstruction using historical data would have resulted in an understatement of the workload. Instead, the street reconstruction workload was derived through consultation with the street maintenance staff Based on its assessment of the current street conditions and knowledge of previous workload patterns, street maintenance staffrecommended that at minimum, one 5-person crew working full-time three days per week would be required for the completion of the current level of street reconstruction tasks not including the current backlog. Therefore, the street reconstruction workload was based on the number of labor hours required for this minimum standard. (Note: Deployment of the necessary equipment into the field requires that a 5-person crew undertake most street maintenance tasks.) Non-Street Maintenance Tasks. The workload for non-street maintenance staff summarized in Table B was derived from the measured workload trends for these tasks. The workload in this area of tasks has increased as a result of having to maintain the appearance of the roadways leading to the City's high profile sites at regular intervals throughout the year. Analysis of the staff hours confirms that the completion of some non-street maintenance tasks has acquired priority over the completion of street maintenance/repair work. Examination of the allocation of staff hours worked by the Street Maintenance Section revealed a consistent pattern of labor hours allocated to non-street maintenance tasks. This allocation of staff hours appeared to represent a permanent change in the workload and thus provided the basis for deriving the workload for these tasks. The workload for non-street maintenance tasks is summarized in Table B: Page 7, Item __ Meeting Date 2/27/01 Table B - Summary of Non-Street Maintenance/Repair Production ESTIMATED YEARLY TASK HOURS PROJECTED WORK CREW OUTPUT Perform trash pickup throughout the City including regular weekly cleanup of key roadways leading to the City's high profile sites (i.e. Coors Amphitheatre, Knotts Soak City and the Olympic Training Center) during peak visiting periods. Cleanup of alleys in the Otay area 3 Trash Pickup, times/year. Haul materials for street maintenance tasks Hauling & and disposal and Recycle of materials (gravel, topsoil, Recycling 1,800 mulch) stockpiled at the City's H St. storage facility. Perform weed abatement throughout the City including the City's 23 raised center medians on a quarterly basis. Cut weeds along 39 miles of roadways at regular intervals throughout the year. Major roadways maintained include Wueste Rd. and Otay Lakes Road Weed Abatement 1,750 from Hunte Pkwy to the east city limits every 3 months. Perform rain patrol services (i.e. pick-up debris from Other Street roadways during winter storms), grade road shoulders, Services 1,500 supervise probation crews and remove graffiti. Equipment Maintain the Street Maintenance Operations equipment Maintenance 1,200 and the City's H St. stockpile yard. Respond to request for services by other City departments and the public. The completed tasks include: moving furniture and other equipment, responding emergencies i.e. clean-up of auto accidents, up righting of bus benches, clean-up of City facilities and Services to Others 900 assistance in traffic control. Provide support on an as needed basis to other Public Support to Other Works Operations divisions for completion of sewer, Public Works concrete, tree maintenance, and storm drain ma'mtenance Divisions 500 related work. Conduct safety and first aid training and attend Training/Safety mandatory meetings. Provide supervision to frontline and Administration 400 staff in the absence of the supervisors. TOTAL 4.0 FTES [ GRAND TOTAL ALL TASKS: l 12.0 FTES Page 8, Item __ Meeting Date 2/27/01 As indicated by Table B, the workload for non-street maintenance tasks requires an estimated 4.0 FTEs. The increase in this portion of the workload is the prima~ reason that the completion of street maintenance tasks has fallen off Comparison of the 12.0 FTEs that are necessary to meet the entire workload demands to the current staffing configuration (yielding a yearly average of 8.5 FTEs) results in an ongoing staffing deficit of 3.5 FTEs. Over time this staffing deficit has translated itself into a backlog of uncompleted street maintenance tasks. The emergence of this backlog is better understood by examining the allocation of the current staff hours and the work that is being produced. Staffing Requirement. The initial staffing analysis resulted in a recommendation to increase the Street Maintenance Sections staffing by eight additional positions. This recommendation is based on the following methodology consisting of the following two key components: 1. Assessment of the current workload and backlog in conjunction with the examination ofthe workload patterns in terms of which tasks were being completed and which tasks were being deferred. 2. Based on the findings of the first component, a statistical (staffing) formula was applied to estimate the availability of a staffing level on a consistent basis for the purpose of meeting the assessed workload needs. The staffing levels estimated by this formula compensated for the required work crew sizes necessary to perform the estimated workload and also factored in employee leave time. To summarize, the key findings associated with the first component of the applied methodology are as follows: * The percentage of labor hours the Street Maintenance Section has devoted to the completion of non-street maintenance tasks resulting in the deferral of maintenance/repair work. This growth in non-street maintenance tasks can be partially attributed to the need to perform a measurable level of community appearance work (weed abatement/trash pick-up) throughout the City at regular intervals daring the year. · The deferral of street maintenance tasks exacerbated by staffing constraints that require 5- person crews to be deployed in order to complete street maintenance tasks. This has resulted in a backlog of street maintenance work that requires an estimated 8,829 labor hours to update. · The street maintenance backlog is concentrated among three primary tasks that include: curb line repairs, sewer lateral resurfacing work and street reconstruction jobs. The one-time cost to outsource this work backlog is estimated to be $1.3 million. · Assessment of the ongoing Street Maintenance Section workload indicates that a staffing level that yields 12.0 FTEs is required in order to perform the current volume of tasks. Page 9, Item__ Meeting Date 2/27/01 The staffing formula that yielded the recommended staffing level was applied using a standard of 12.0 FTEs as the staffing threshold. When applied accordingly, this derived the minimum staffing level that yielded the annual number of labor hours required to complete the Street Maintenance Section's workload. Also factored into the application of the formula was the requirement that a 5- person crew be available 100% of the time to complete the level of work related to street maintenance tasks. Applying the formula to these conditions initially resulted in a total staffing level of 17 field positions required to meet the 12.0 FTE standard. Increasing the Street Maintenance Section staffing from 10 to 17 field positions also resulted in the need to add an additional eighth position in order to provide supervision to the 5-person work crew that was configured from the initial seven positions, However, further analysis of the workload revealed the portion of the non- street maintenance tasks that included weed abatement and trash pick-up could be accomplished with the hiring of Probation work crews. Hiring these 13-20 person work crews would provide the City with a cost effective option to managing the increased non-street maintenance workload. This would also result in the City only being required to hire six positions instead of eight as originally estimated. In the past, the City has successfully utilized Probation work crews to perform the less skilled labor tasks such as weed and trash pick-up, however their use has been limited by funding levels. Expanding the use of Probation work crews would allow the City to direct labor resources to the sites needing weed abatement and trash pick-up services at regular intervals throughout the year as is currently required. This would preclude having to re-deploy City work crews to perform these services at the expense of deferring street maintenance work. Staff Recommendation. Therefore, staff is revising the recommendation from eight to six positions and also recommends increasing the Public Works Operations budget by $25,000 ( 12,500 for the current fiscal year) to pay for Probation work crew services. As a result, at least one 5-person crew and one 2-person crew (100% of the time) will be able to continue working on street related work instead of being re- deployed to perform non-street maintenance tasks. Hiring two fewer positions represents a net savings of approximately $51,000 annually in personnel costs. Budget & Analysis staff recommends filling the staffing deficiency with one Public Works Supervisor, one Equipment Operator, two Senior Maintenance Workers, and two Maintenance Worker I/II positions. Estimated cost is $70,033~ for the remainder of the current fiscal year and $294,1382 annually, thereafter. Purchasing of safety supplies for the new employees will cost an estimated $3,0003. Includes benefits + 5% salary increase in Jan 2001 @ Step B. Annual costs reflect an additional 5% increase effective in Jan 2001. Includes safety jackets, safety boots, safety supplies, and laundry & cleaning services. Page i0, Item Meeting Date 2/27/01 Equipment Requirement. With the exception of the addition of an asphalt crack-sealing machine, the proposed costs fund the standard equipment configuration necessa~ to deploy a 5-person crow and one supervisor. The recommended crack-sealing machine equipment would be used to seal the increasing number of cracks in the City's roadways. These cracks have increased as a result the lack of preventative maintenance. If left untreated, cracks in the asphalt allow water to seep under the surface of the street causing extensive damage. This damage quickly accelerates over time resulting in the need to perform costly street construction. Although crack sealing is not intended to be a substitute for other street maintenance treatments, it would help extend the life of the pavement and provide an economical alternative to asphalt overlays or sealing the entire pavement. Over time, the preventative maintenance provided by undertaking crack sealing may help stem the increase of roadways needing more costly reconstruction. The inclusion of this piece of equipment will allow the addition of a preventative maintenance component to the Street Maintenance Section. The cost for this piece of equipment and the other equipment costs are summarized in the following table: Table C - Summary of Equipment & Costs Estimated Number Cost Per Type of Equipment Needed Piece Total 10 Yard Dump Track 1 $92,354 $92,354 5 Yard Dump Truck 2 $64,762 $129,524 Patch Truck 1 $115,000 $115,000 Steel Asphalt Roller & Trailer I $36,700 $41,300 Asphalt Crack Sealing Machine 1 $20,000 $20,000 Pick-Up Truck 1 $18,500 $18,500 Mobile Radios 5 $400 $2,000 TOTAL: $418,678 The new equipment will cost an estimated $418,678 in initial cost and $47,300 annually ($11,825 for the current fiscal year) for replacement and maintenance costs. An additional $50,000 ($8,500 for the current fiscal year) in construction materials will be required annually. Revenue Offset. It is anticipated that a portion of these costs will be offset by ongoing Sewer Fund revenue of $165,000 annually. This revenue will be earned as a result of increased street maintenance tasks (sewer lateral cut resurfacing & curb-line asphalt repairs) that will be eligible for reimbursement. These tasks will be undertaken in greater volume and frequency with the addition of staff. Page 11, Item __ Meeting Date 2/27/01 STREET STRIPING & SIGNING STUD~. A staffing study for the Striping & Signing Section was prepared by Public Works' staff to assess the section's current and future staffing needs. This study focused on comparing the desired maintenance frequencies to the current maintenance frequencies presently being accomplished by the section. Analysis of the Striping & Signing Section indicates that three additional staff, in addition to equipment, are needed to meet desired maintenance frequencies for maintenance of legends, curbs, crosswalks, parking stalls, pavement markers, and traffic signs. Note that, for the purpose of this study, the Graffiti Removal Section's work and staffing was excluded from this analysis to prevent a conflict w/th the citywide graffiti report that is being prepared by the Police Department. Workload. The work performed by the Street Striping & Signing Section can be broken down into two categories: routine tasks such as repainting crosswalks, which are undertaken to maintain the City's current inventory, and non-routine tasks, such as sign maintenance or emergency repairs, which are performed on an as-needed basis. The Street Striping & Signing Study measured the workload for both categories for the current fiscal year and FY2001/02. Provided in Tables D and E are the projected annual workload for routine and non-routine maintenance tasks, respectively. Routine Tasks. In order to measure the workload for routine tasks, average maintenance intervals were established based on the inventories that existed at the start of FY 2000/01 for all signs and traffic markings requiring routine maintenance. These maintenance intervals establish the average frequency that traffic markings and traffic control signs should be repainted or replaced for safety and/or aesthetic considerations. Failure to maintain street markings and traffic control signs frequently enough can reduce safety, increase City liability and reduce the effectiveness of parking and traffic controls throughout the City. The average maintenance intervals for routine tasks are also included in Table D below. F'Ii Page 12, Item Meeting Date 2/27/01 Table D - Projected Annual Work Load For Routine Maintenance Tasks FY 2000/01 & FY 2001/02 No. of Items FY2000/01 FY2001/02 at start of Average Maintenance Frequency Projected Projected ITEM FY 2000/01m Needed to Meet Quality Standards Workload Workloadm°) Stripingm 636 line miles 24 months: 636 line miles 318 in 325 In miles miles Legends°) 10,920 legd 24 months: 10,920 legends 5,460 legd 5,510 legd Curbs® 188,000 ha ft 24 months: 188,000 linear feet 94,000 in t~ 95,400 In l~ School 9,870 hq t~ 12 months: 9,870 linear feet 9,870 In 1~ 10,670 hq ft Crosswalks(7) Pedestrian 65,130 In R 24 months: 65,130 linear feet 32,565 in t~ 33,765 In R Crosswalks® Thermoplastic 6,000 In fi 36 months: 6,000 linear feet 2,000 In fi 3,333 In ft Crosswalks® Parking 6,500 stalls 12 months: 6,500 stalls 6,500 6,500 stalls Stalls~°) stalls Traffic Signs(m 36,866 signs Average sign life: 8.5 years 4,337 signs 4,502 signs (t) Based on Operations/Engineering estimates from a workshop conducted in 1/96 (see memo dated 10/29/99). (2) See Attachment B for estimate of striping and signs for FY01/02. o) Increases inctude the non-routine tasks anticipated for FY00/01 (see Table 2). (4) Paint lane or centerline stripes for lane demarcation. (5) Paint street legends such as stop bars, left turn arrows or "slow school crossing". (6) Paint curb to denote parking restrictions. (7) Paint yellow school crosswalks. (s) Paint white pedestrian crosswalks. (9) Install thermoplastic crosswalks. (10) Paint parking stalls in City-owned parking lots as well as on City streets (includes parking T's). (n) Replace traffic control signs (stop signs, no parking signs, & speed limit signs) as needed due to structural damagn, loss of reflectivity or defacement; Includes 15,026 street name signs. The maintenance intervals used in Table D above take into account the fact that all street markings do not require repainting each year. Non-Routine Tasks. In addition to the routine maintenance tasks that are performed on current inventories, the Street Striping & Signing Section performs other tasks that do not lend themselves to being inventor/ed. Some non-routine work, such as installing traffic markings and signs, is generally initiated by the Traffic Engineering Section of Public Works, in response to new development or changes in existing areas of the City. The Safety Commission or City Council approves these requests. Failure to accomplish non-routine street markings and traffic control signs can reduce safety and also increase City liability. Table E below describes those tasks that are non-routine in nature and estimates the current fiscal year and FY 2001/02 workload for each. Page 13, Item __ Meeting Date 2/27/01 Table E - Projected Work Load For Non-Routine Maintenance Tasks FY 2000/01 & FY 2001/02 FY2000/01 FY2001/02 ITEM TASK DESCRIPTION Projected Projected Workload°) Workload(1) Striping Striping on new or previously unstfiped streets. 14 In miles 20 In miles Legends Paint new sweet legends in existing City areas 100 legd 125 legd and in new developments. Red Curb Paint new red curb areas for parking control as 800 In f~ 1,200 In t~ needed. School Crosswalks Paint new yellow school crosswalks. 800 In t~ 1,200 In 1~ Pedestrian Crosswalks Paint new white pedestrian crosswalks. 4,000 In t~ 2,400 In tt Thermoplastic (TP) Install new pedestrian (TP) crosswalks. 4,000 In ft 2,900 In ft Crosswalks Install new traffic control and street name signs Sign Installation in developing areas or existing City areas as 1,200 signs 1,400 signs directed by Traffic Engineering. Manufacture Signs Manufacture signs as necessary. 200 signs 300 signs Raised Install raised, reflective markers on selected 1,500 each 2,000 each Pavement Markers streets to improve safety. Temporary Install temporary markers as a guide for 1,000 mkr 1,500 mkr Pavement Markers subsequent restriping. (~) Estimates provided by Senior Public Works Supervisor & the Traffic Engineering Section. Taken together, Table D (routine work) and Table E (non-routine work) provide a projection of the Street Striping & Signing Section's workload for the current fiscal year and future workload for FY 2001/02. This projection represents an accurate estimate of the section's annual workload at current inventory levels and target service intervals. Staffing requirement. Table F provides the estimated number of labor hours required for the Street Striping & Signing Section to adequately meet its responsibilities in on-going maintenance and other tasks for thc current fiscal year and FY 2001/02, These staffing requirements arc based on the workload data previously presented in Tables D and E. Page 14, Item __ Meeting Date 2/27/01 Table F - Estimated Labor Hours Needed For FY 2000/01 & FY2001/02 Work FY2000/01 FY2000/01 FY2001/02 F¥2001/02 Standard~) Workload(2) Labor Hrs Workloada) Labor Hrs TASK (units/hr) (units) Needed<j) (units) Needed°) Reswiping Streets 0.25 318.00 1,272.00 325.00 1,300.00 Swiping New Streets 0.25 14.00 56.00 20.00 80.00 Repainting Legends 1.93 5,460.00 2,829.02 5,510.00 2,854.92 Painting New Legends 1.93 I00.00 51.81 125.00 64.77 Repainting Curbs 81.80 94,000.00 1,149.14 95,400.00 1,166.26 Painting New Curbs 81.80 800.00 9.78 1,200.00 14.67 Repaint School Crosswalks 51.42 9,870.00 191.95 10,670.00 207.51 Paint New Sch. Crosswalks 51.42 800.00 15.56 1,200.00 23.34 Repaint Ped. Crosswalks 51.42 32,565.00 633.31 33,765.00 656.65 Paint New Ped. Crosswalks 51.42 4,000.00 77.79 2,400.00 46.67 Install TP Crosswalks 29.01 2,000.00 68.94 3,333.33 114.90 Install New TI> Crosswalks 29.01 4,000.00 137.88 2,900.00 99.97 Repainling Parking Stalls 15.04 6,500.00 432.18 6,500.00 432.18 Maintaining Signs 0.81 4,337.18 5,354.54 4,501.88 5,557.88 Installing New Signs 0.81 1,200.00 1,481.48 1,400.00 1,728.40 Manufacturing Signs 0.93 200.00 215.05 300.00 322.58 Install Raised Pvmnt Mrkrs 26~79 1,500.00 55.99 2,000.00 74.65 Install Temp Pvnmt Mrkrs 22.92 1,000.00 43.63 1,500.00 65.45 TOTAL HRS 14,076.07 TOTAL HRS 14,810.79 (~> Based on FY 96/97, FY 97/98, & FY 98/99 work standards (average). For example, the section can restripe .25 lane miles of street per hour. Therefore, in order to restripe 318 lane miles, it will take the section 1,272 hours. (2) Based on data provided in Table I (routine tasks) & Table 2 (non-routine tasks). o) Labor hours needed equal workload divided by work standard for each task (see Attachment C). Estimating a probability that a fixed staffing level will be available to perform certain tasks given a certain operating environment is the first step in developing a permanent staffing level that will enable the Street Striping & Signing Section to complete its primary duties. The key findings describe the current operating environment of the Street Striping & Signing Section and provide the components of the probability or staffing formula (developed in the Street Maintenance Study) that will be applied for the purposes of establishing an adequate staffing level are as follows: · The current staffing level for Street Striping & Signing is comprised of three 2-person crews for a total of six field staffthat are available to perform street striping and sign maintenance tasks. · The street striping and sign maintenance tasks require the deployment of a 2-person crew at any given time these tasks are undertaken. · Leave time accounted for 14.05% of the available working hours (average) during FY96/97, FY97/98 and FY98/99. Therefore, the crews are available 85.95% of the time. Page 15, Item __ Meeting Date 2/27/01 · The probability of having all crews fully staffed is 40.46%. Based on the formula developed in the Street Maintenance Study, the assessment of the current and future workload resulted in the need to have a staffing level that yielded 7 FTEs. Therefore, increasing the staffing level to 10 positions would yield a 7 FTE staffing level 96% of the time. However, staff recommends increasing the staffing level to 9.0 positions, which would yield a 7 FTE staffing level 88% of the time. By reducing the staffing level to 9.0 positions, staffwtll be given the opportunity to observe the section, workload and crews, and then determine (within two years) if this additional staff position is necessary. The section currently has six staffmembers; therefore, the Street Striping and Signing Section is presently understaffed by 9.0 - 6.00 = 3.0 staff positions. Two of these positions will make up a new legend crew. The third position will rove between the Street Striping and Signing crews filling in where needed. When all crews are fully staffed, this position will be assigned to the sign crew. Staff Reeommendaton. Public Works' staffrecommends filling the staffing deficiency with a Senior Maintenance Worker and two Maintenance Worker I/II positions. Estimated cost is $29,498~ for the remainder of the current fiscal year and $123,8922 annually, thereafter. Purchasing of safety supplies for the new employees will cost an estimated $1,5513. Equipment Requirement. As indicated above, the Street Striping and Signing Section needs three additional positions to reach its desired maintenance frequencies as well as accomplish the anticipated new work for FY2001/02. With the addition of these positions, the result being an additional legend crew, a new stencil truck will be required. Therefore, staff recommends purchasing a stencil truck for the new crew. The estimated cost is $65,000. Because of the continued growth of the City, staffrecommends purchasing a compact truck with a sprayer attachment for graffiti removal. This truck is primarily needed to enter limited space drainage facilities. Estimated cost is $25,000. In addition, staff recommends the approval of a thermoplastic applicator, which will allow the section to replace all painted crosswalks with liquid thermoplastic. As a result, maintenance will be required every four years as opposed to: · once per year for yellow school crosswalks; · once every two years for white pedestrian crosswalks; and · once every three years for thermoplastic crosswalks installed by hand. Page 16, Item __ Meeting Date 2/27/01 The estimated cost of the thermoplastic applicator is $50,000. The purchase price includes a 10,000 lb tandem axle trailer, two kettles for pre-heaters, two tanks, and a line applicator. The two-kettles provide the capability to use two colors (white and yellow) for installing all school and pedestrian crosswalks. The new equipment will cost an estimated $140,000 in initial cost and $24,000 annually ($6,000 for the current fiscal year) for replacement and maintenance costs. Revenue Offset. It is anticipated that a portion of these costs will be offset by developer fees due to continued growth and a need for street markings (including striping, legends, pavement markers, and curbs), parking stalls, signs, and sign installation. Thc developers are charged fees in accordance with thc Master Fee Scbedule, which includes an overhead factor. It is estimated that approximately $50,000 annually ($17,500 by the new crew) will be collected from developers for continued street marking fees, signs and sign installation. Page 17, Item __ Meeting Date 2/27/01 URBAN FORESTRY MAINTENANCE STUDY. A staffing study for the Urban Forestry Maintenance Section was prepared by Public Works' stuff to assess the Urban Forestry Maintenance Section's current and future staffing needs. This study focused on comparing the desired maintenance frequencies to the current maintenance frequencies of City trees presently being accomplished by the section. Analysis of the Urban Forestry Maintenance Section indicates that one additional tree trimmer is needed to meet desired maintenance of City trees, including street trees, park trees, and trees located on City property. Note that a Supervising Tree Trimmer position was approved for the current fiscal year to assist with the increased development related demands on the City Arborist. Workload. The work performed by the Urban Forestry Maintenance Section can be broken down into two categories: tree trimming tasks such as pruning trees, which are undertaken to maintain the City's current inventory, and non-trimming tasks, such as stump removals, which are performed on an as- needed basis. The Urban Forestry Maintenance Study measured the workload for both categories for the current fiscal year and FY2001/02. Provided in Tables G and H are the projected annual workload for trimming and non-trimming maintenance tasks, respectively. Tree Trimmin~ Tasks. In order to measure the workload for the trimming of trees, average maintenance cycles were established based on the number of trees that existed at the start of FY 2000/01. These maintenance cycles establish the average frequency that certain types of trees should be trimmed. Most street trees should be pruned every three to five years depending on the wood strength in relation to the thickness of their shrubbery. Failure to keep street trees trimmed frequently enough can reduce safety by interfering with the line of sight of motorists, obstructing traffic signals or causing hazards along sidewalks, thereby increasing City liability. The average maintenance cycles for trimming trees are presented in Table G below. Page 18, Item __ Meeting Date 2/27/01 Table G - Projected Annual Work Load For Maintenance Cycles For FY 2000/01 & FY2001/02 No. of Trees desired to be FY2000/01 FY2001/02 maint, for Average Maintenance Cycle Projected Projected ITEM FY 00/01m Needed to Meet Quality Standards Workload Workload Fan Palmsa) 250 Once each year 250 trees 250 trees Coco Palms<2) 160 Once each year 160 trees 160 trees Date Palmsa) 50 Once each year 50 trees 50 trees Young Trees® 4,500 Once every 3 years 1,500 trees 1,500 trees Clearance Trims(n) 500 Per year 500 txees 500 trees Complaint Trims(4) 700 Per year 700 trees 700 trees Block TrLrns~4) 670 Per year 670 trees 670 trees Trim Christmas 147 Once each year 147 trees 147 trees Tree Circle Trees trimmed by 25,733 Once every 4.5(7) years 5,718 trees 5,718 trees contraclxr) o) Estimates provided by City Arbofist; 32,500 trees estimated Citywide. (2) Trees located on City property and fight-of-way the section desires to maintain. o) Trees located in new development areas. {4) Trimming initiated by complaints. (~) Trees trimmed during the holidays along Christmas Tree Circle. (6) Excludes Christmas tree circle, fan, young trees, clearance, complaint & block trims done by City crews; 2,500-3,000 trees are trimmed by contract each fiscal year. i (7) Represents the average (trees trimmed between 2-7 years dependin8 upon species). The maintenance intervals used in Table G above takes into account the fact that all street trees do not require trimming each year. Non-Trimming Tasks. In addition to the trimming tasks that are performed on current inventories, the Urban Forestry Maintenance Section performs non-trimming tasks that do not lend themselves to being inventoried. The section's crews are, by necessity, more reactive than proactive. However, doing tasks such as root pruning allows the crows to remove mots causing damage to sidewalks and curbs, thereby eliminating a hazard for pedestrians. Failure to accomplish non-trimming tasks can reduce safety and also increase City liability. Table H below describes these tasks and estimates the current fiscal year and FY 2001/02 workload for each. Page 19, Item __ Meeting Date 2/27/01 Table H - Projected Work Load For Non-Trimming Maintenance Tasks FY 2000/01 & FY 2001/02 FY2000/01 FY2001/02 ITEM TASK DESCRIPTION Projected Projected Workload{~) Workload{~) Removal of tree stumps to remove a hazard, Stump Removal enable replanting of a tree, and replacoment of 407 stumps 395 stumpsa) curbs and/or sidewalk. Pruning and/or removal of roots causing or having Root Pruning the potential to cause damage to sidewalks and 158 trees 170 trees curbs or create a hazard to pedestrians. Planting of trees to replace trees that have been Planting Trees removed, to fill existing "vacancies" where trees 158 trees 170 trees are needed, and to enhance the appearance of streets. Removal of Trees Removal of dead or diseased trees to eliminate 323 trees 323 trees trees that may present a hazard to life or property. !Maintenance of Hours spent repairing stumper to prevent down 67 hours(3) 67 hoursO) Stumper time. Biobarrier® Root control process to control root damage. 145 Biobr 158 Biobr o> Estimates provided by City Arborist. : (2) Anticipated to decrease because of increase in root pruning. (3) Based on averages from FY96/97, FY97/98 & FY98/99. (4> New task (each). Taken together, Table G (trimming work) and Table H (non-trimming work) provide a projection of the Urban Forestry Maintenance Section's current workload for FY 2000/01 and future workload for FY 2001/02. This projection represents an accurate estimate of the section's annual workload at current inventory levels and target service intervals. Staffing requirement. Table I provides the estimated number of labor hours required for the Urban Forestry Maintenance Section to adequately meet its responsibilities in on-going tree trimming and other tasks for the current fiscal year and FY 2001/02. These staffing requirements are based on the workload data previously presented in Tables G and H of this report. Page 20, Item __ Meeting Date 2/27/01 Table I - Estimated Labor Hours Needed For FY 2000/01 & FY2001/02 Work FY2000/01 FY 2000/01 FY2001/02 FY2001/02 TASK Standardm Workloada) Labor Hfs I Worldoad(*) Labor Hfs (units/hr) (units) Needed{s) (units) Needed°) Fan Palms 1.03 250 trees 242.72 250 trees 242.72 Coco Palms 1.98 160 trees 80.81 160 trees 80.81 Date Palms 2.38 50 trees 21.01 50 trees 21.01 Young Trees 1.68 1,500 trees 892.86 1,500 trees 892.86 Clearance Trims 0.99 500 trees 505.05 500 trees 505.05 Complaint Trims 0.40 700 trees 1,750.00 700 trees 1,750.00 Block Trims 0.51 670 trees 1,313.73 670 trees 1,313.73 Block Thms® 0.51 2,859 trees 5,605.88 2,859 trees 5,605.88 T~m Christmas 1.14 147 trees 128.95 147 trees 128.95 Tree Circle Stump Removal 0.37 407 stumps 1,100.00 395 stumps 1,067.57 Root Priming 0.48 158 trees 329.17 170 trees 354.17 Planting Trees 0.55 158 trees 287.27 170 trees 309.09 Removal of Trees 0.26 323 trees 1,242.31 323 trees 1,242.31 Maintenance of 0.49 33 units 67.35 33 units 67.35 Stumper Biobarrierm 0.80 145 biob 181.25 158 biob 197.50 TOTAL HRS 13,748.34 TOTAL HRS 13,778.98 o) Based on FY96/97, FY97/98 & FY98/99 work standards (average). For example, the section can trim 1.03 fan palms per hour. Therefore, in order to trim 250 fan palms, it will take the section 242.72 hours. {2) Based on data provided in Table 1. {3) Labor hours needed equals workload divided by work standard for each type of tree. r4) Trees not presently trimmed by contract or City crews. o) New task. Estimating a probability that a fixed staffing level will be available to perform certain tasks given a certain operating environment is the first step in developing a permanent staffing level that will enable the Urban Forestry Maintenance Section to complete its primary duties. The key findings describe the current operating environment of the Urban Forestry Maintenance Section and provide the componems of the probability or staffing formula (developed in the Street Maintenance Study) that will be applied for the purposes of establishing an adequate staffing level are as follows: · The current staffing level for Urban Forestry Maintenance is comprised of two 2-person crews for a total of four field staffthat are available to perform tree maintenance tasks. · That 25% of the approved Supervising Tree Trimmer position's time is available to perform tree maintenance tasks. · The tree maintenance tasks require the deployment of a 2-person crew at any given time these tasks are undertaken. Page 21, Item __ Meeting Date 2/27/01 · Leave time accounted for 13.31% of the available working hours (average) during FY96/97, FY97/98 and FY98/99. Therefore, the tree crews are available 86.69% of the time. · The probability of having both crews fully staffed is 56.48%. Therefore, based on the formula developed in the Street Maintenance Study, the assessment of the current and future workload resulted in the need to have a staffing level that yield 7 FTEs. Therefore, increasing the staffing level to 10 positions would yield a 7 FTE staffing level 96% of the time. The section currently has four staff members (excluding City Arborist & Supervising Tree Trimmer); therefore, the Urban Forestry Maintenance Section is presently understaffed by 10.0 - 4.0 = 6.0 staff positions. However, the following alternative is recommended to reduce the current deficiency of 6.0 positions: Contracting. As previously indicated in Table G, a total of 5,718 trees must be trimmed annually for the section to meet its desired tree trimming frequency. However, only 50 percent, or 2,859 trees, are presently being trimmed by contract, on an average, each fiscal year. As a result, at least 2,859 trees (on average) are not being maintained each year due to the limitation of $100,000 placed on the existing tree trimming contract. Therefore, in order for the Urban Forestry Maintenance Section to meet its desired 4.5-year tree maintenance cycle for all trees, the contract amount must be increased by approximately $100,000. As indicated in Table I, a total of 5,605.88 staffhours are required by City crews to block trim 2,859 trees. Based on the staffing formula, this workload results in the need to have a staffing level that yield 3 FTEs. Therefore, increasing the staffing level to 5.0 positions would yield a 3 FTE staffing level 98% of the time. However, contracting out the maintenance of these trees will not only reduce costs but also reduce the staffing deficiency by 5.0 staff positions and eliminate the need to purchase equipment. Provided below are the requirements and costs the City will need to incur to meet the des/red tree trimming frequency if the tree trimming contract is not increased. A 3-person and a 2-person crew will be needed to block trim these additional trees. a. Hire five (5) additional staff (2 Senior Tree Trimmers & 3 Tree Trimmers). Estimated cost is $211,481 annually plus an additional $2,880 for safety supplies and training. b. Purchase capital equipment such as two Aerial Trucks ($68,000 ca) and two Chippers ($20,000 ca). Estimated cost is $176,000 (a one-time cost). Equipment life is estimated at eight years. c. Purchase miscellaneous supplies costing an estimated $2,000. d. In addition, equipment maintenance and replacement are estimated at $27,800 annually. Page 22, Item __ Meeting Date 2/27/01 Therefore, trimming 2,859 additional trees with a 3-person and 2-person crew and purchasing necessary equipment will cost approximately $420,161 the first full year and $295,011 annually, thereafter. However, increasing the tree trimming contract to block trim 2,859 trees would cost approximately $100,000 annually, in addition to offsetting the staffing requirement by 5.0 personnel. This represents a savings of approximately $190,000 annually. Why Not Contract Out All Trimming? The type of work completed by the Urban Forestry Maintenance staff does not lend itself to being contracted out. The section's goal is to provide a timely response to requests for service, such as compliant trims, clearance trims, stump removals, and root pruning to reduce hazards to life and property. In addition, trimming of young trees is not recommended for contract work because it requires careful, time-consuming trimming. This phase of maintenance is critical to the proper development of trees and will also reduce the future trimming requirements for these trees. The section also does trimming for special events, such as trimming Christmas Tree Circle. Contracting out work, such as block trims, should be completed by contract because a contractor can accomplish block trims more quickly and for less money than City staff. However, this service is provided from a production standpoint as opposed to requests for service from citizens. Recommendation. Public Works' staff recommends filling the staffing deficiency with one tree trimmer, in addition to increasing the street tree contract by $100,000. Therefore, the total contact amount allowed will be $200,000 for future fiscal years. Estimated cost for the tree trimmeris $10,7541 for the remainder of the current fiscal year and $45,1672 annually, thereafter. Purchasing of safety supplies for the new employee will cost an estimated $7123. Includes benefits + 5% salary increase in Jan 2001 ~ Step B. Annual costs reflect an additional 5% increase effective in Jan 2001. Includes safety jackets, safety boots, safety supplies, and laundry & cleaning services. Page 23, Item __ Meeting Date 2/27/01 OPERATIONS ADMINISTRATION (CI,F, RICAL SECTION~ STUDY. One Senior Administrative Office Specialist is being requested to help meet the demands placed on the present clerical staffas a result of a growing division related to the continued growth of the City. Table J provides a breakdown of the public assistance being provided by the Clerical Section: Table J - Averages of Public Assistance Service Average Yearly Daily Time Per Labor SERVICE Averagdx~ ITEM DESCRIPTION Task(~ Hours Used Answer phones fi'om public; does Phone Callsa~ 137.20 research; initiates service requests. 6 minutes 3~457.44 Primarily, returning calls X~luesting Phone Messages 20.75 park information. 5 minutes 435.76 Dispatches dig alerts (USA); assists Radio Calls 32.80 with relaying info between units; 1.2 minutes 165.31 (Dispatch) dispatches emergency calls to crews. Inputs data into computer regarding Service Requests 9.73 requests for service, complaints, etc. 3.5 minutes 143.04 Greets the public and provides Office Visits® 11.50 general assistance. 8 minutes 386.39 Park Reserva6ons~4~ 12.75 Reservations for park space. 12 minutes 642.60 TOTAL 5,230.54 o~ Estimates provided by Clerical Section for FY99/00. <2~ Only 10% of calls are transferred to another person. The remaining 90% require research or additional assistance by clerical stale (3) Excludes office visits made for park reservations. (4) Park reservations are made by visit only (not made over the phone). As shown in Table J above, a total of 5,230.54 labor hours are expended each year for public assistance. Therefore, based on 1,7154 net labor hours per year, these hours are equivalent to 3.05 staff Note the following: 5,230.54 (total hfs) .......................................... 3.05 staff(used for public assistance) 1,715 hfs (net labor hours per yr) The Clerical Section currently has four staff members (including the Administrative Secretary); therefore, only 1,629.25 staff hours (4.0 - 3.05 = 0.95 staff x 1,715) remain each fiscal year to accomplish the remainder of the section's regular duties. Those duties are: processing payroll; processing purchase orders, direct payments and requisitions; employee evaluations (166.01 FTE 4 Average working hours per year for City employees (based on paid time-offfactor) Page 24, Item __ Meeting Date 2/27/01 positions); typing verbatim disciplinary items; monthly tracking of construction materials; typing letters, memos, and agenda statements; maintaining the office records management system; and opening and distributing mail. The Operations Division of Public Works is also requesting a Temporary Part-Time Administrative Office Assistant I position to assist with the additional workload associated with the new work management system and to collect and process the monthly utility bills previously processed by the Finance Depm'hnent. Estimated cost for the Senior Administrative Office Specialist and the Temporary Part-Time Administrative Office Assistant I is $17,753~ for the remainder of the current fiscal year and $40,6882 annually, thereafter. Purchasing of office equipment will cost an estimated $4,000s. 5 Computer, workstation, chair, etc. Page 25, Item __ Meeting Date 2/27/01 FISCAL IMPACT: Based on the Street Maintenance, Street Striping & Signing, Urban Forestry Maintenance, and Operations Administration Studies, staff recommends filling the staffing deficiencies with one Public Works Supervisor, one Equipment Operator, three Senior Maintenance Workers and four Maintenance Worker Viis, one Tree Trimmer, one Senior Administrative Office Specialist, and one Temporary Part-Time Administrative Office Assistant I. Furthermore, staff recommends increasing the tree trimming contract by $100,000. New equipment and supplies are also recommended. Therefore, the total net fiscal impact, including the revenue offsets (summary of costs provided in Table K), to the General Fund for the current fiscal year will be $231,501 and $469,948 annually, thereafter. The total fiscal impact to the Public Facilities DIF Fund will be $528,475 for the purchase of new equipment. The total fiscal impact to Gas Tax will be $30,203 for the purchase of new equipment. Note that in future fiscal years, the additional $100,000 required for the tree trimming contract will be obtained from Gas Tax revenue. All costs have been summarized below: Table K Summary of All Costs STREETS SIGNING/STRIPING TREES CLERICAL TOTAL COST Cost lstYearI! Ongoing lstYear Ongoing lstYear Ongoing lstYear Ongoing lstYear Ongoing CATEGORIES Implement I Cost Implement Cost implement Cost Implement Cost Implement Cost Staffing 70,033 294,138 29,498 123,892 10,754 45,167 17,753 40,688 128,038 503,885 Services/Supplies 36,825 122,300 7,551 25,551 100,712 100,712 4,000 149,088 248,563 Fixed Asseta 418,678 140,000 558,678 tOTAL COST $26,636 416,438 177,049 149,443 111,466 145,879 21,7r~ 40~688 836,804 762,448 FUNDING: :)IF 418,678 109,797 528,475 ,~ewer 41,250 165,000 41,250 165,000 3eveloper Charges 4,375 17,500 4,375 17,500 Sas Tax 30,203 100,000 30,203 100,000 3eneral Fund 65,608 251,438 32,674 131,943 1 t t,466 45,879 21,753 40,688 231,501 469,948 [OTAL FUNDING 626,536 416,438 177~048 149,443 111,466 145,879 21,753 40,688 838~804 7~2.~448 Page 26, Item __ Meeting Date 2/27/01 Attachments Street Maintenance Study Street Striping & Signing Study Urban Forestry Maintenance Study Public Works Operations Administration Study RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FY 00/01 BUDGET BY APPROPRIATING $137,301 ($96,051) FROM THE LrNAPPROPRIATED BALANCE OF THE GENEP_AL FUND ($41,250) OF UNANTICIPATED SEWER FUND REVENUE FOR THE REMAINDER OF THE CURRENT FISCAL YEAR AI~D APPROVING ADDITIONAL STAFF, SUPPLIES AND OFFICE EQUIPMENT FOR THE STREET MAINTENANCE, STREET STRIPING & SIGNING, URBAN FORESTRY MAINTENANCE, AND OPEPATIONS ADMINISTRATION SECTIONS OF PUBLIC WORKS WHEREAS, the Street Maintenance, Street Striping & Signing, Urban Forestry Maintenance, and Operations Administration Sections are currently experiencing staffing shortages; and WHEREAS, establishing adequate staffing levels will help the City meet its growing needs for street maintenance, street markings & signs, and tree trimming services; and WHEREAS, there are many new streets and trees in the Rolling Hills Ranch, Eastlake, Sunbow II, and Otay Ranch Villages 1 and 5 developments that will be turned over to the City in the near future, thereby exacerbating the staffing shortage; and WHEREAS, staff recommends filling the staffing deficiency with one Public Works Supervisor, one Equipment Operator, three Senior Maintenance Workers, four Maintenance Worker I/IIs, one Tree Trimmer, one Senior Administrative Office Specialist, and one Temporary Part- Time Administrative Office Assistant I. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby amend the FY 00/01 budget by appropriating $137,301, ($96,051) from the unappropriated balance of the General Fund and ($41,250) of unanticipated Sewer Fund revenue for the remainder of the current fiscal year and approving the addition of one (1) Public Works Supervisor, one (1) Equipment Operator, three (3) Senior Maintenance Workers, four (4) Maintenance Works I/IIs, one (1) Tree Trimmer, one (1) Senior Administrative office Specialist, and one (1) temporary Part-Time Administrative office Assistant I. Presented by Approved as to form by Director of Public Works RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FY 00/01 BUDGET BY APPROPRIATING $100,000 FROM THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND TO INCREASE THE TREE TRIMMING CONTRACT ~4OUNT WHEREAS, the Urban Forestry Maintenance Section is responsible for maintaining trees throughout the City, including street trees, park trees, and trees located on City property; and WHEREAS, 5,718 trees must be trimmed annually for the section to meet its desired tree trimming frequency, however, only 50% or 2,859 are presently being trimmed by contract, on an average, each fiscal year; and WHEREAS, as a result, at least 2,859 trees on average are not being maintained each year due to the limitation of $100,000 placed on the existing tree trimming contract; and WHEREAS, the Urban Forestry Maintenance Section is presently understaffed and Public Works staff recommends filling the staffing deficiency with one tree trimmer, in addition to increasing the street tree contract; and WHEREAS, therefore, in order for the Urban Forestry Maintenance Section to meet it desired 4.5 year tree maintenance cycle for all trees, the contract amount must be increased by approximately $100,000. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby amend the FY 00/01 budget by appropriating $100,000 from the unappropriated balance of the General Fund to increase tree trimming contract amount. Presented by Approved as to form by Director of Public Works ~Ci~y Attorney ~ IH \HOME~TTORNEY\RESO~ree trimming contract increase (Februa~ 19, 2001 (9:50am)] RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FY 00/01 BUDGET BY APPROPRIATING $528,475 FROM THE LrNAPPROPRIATED BALANCE OF THE PUBLIC FACILITIES DIF FUND FOR EQUIPMENT, APPROPRIATING $30,203 FROM THE UNAPPROPRIATED BALANCE OF THE GAS TAX FUND FOR EQUIPMENT, APPROPRIATING $39,825 FROM THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND FOR OTHER PROFESSIONAL SERVICES ($12,500), CONSTRUCTION MATERIALS ($8,500), TRAFFIC CONTROL SUPPLIES ($1,000) AND FOR EQUIPMENT REPLACEMENT AND MAINTENANCE COSTS ($17,825) WHEREAS, as shown in Table C Summary of Equipment & Costs of the Council Agenda Statement, it is necessary to purchase a steel asphalt roller & trailer, an asphalt crack-sealing machine, dump trucks, a patch truck, a pick-up truck and mobile radios at a cost of $418,678; and WHEREAS, because of the continued growth of the City, staff recommends purchasing a compact truck with a sprayer attachment for graffiti removal to enter limited space drainage facilities at an estimated cost of $25,000; and WHEREAS, with the addition of three positions to the Street Striping and Signing Section, a new stencil truck will be required for the new crew at an estimated cost of $65,000; and WHEREAS, in addition, staff recommends the purchase of a thermoplastic applicator at a cost of $50,000 ($19,797 of which will be appropriated from PFDIF) in order to allow the replacement of all painted crosswalks with liquid thermoplastic. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby amend the FY 00/01 budget by appropriating $528,475 from the unappropriated balance of the Public Facilities DIF Fund for equipment, appropriating $39,825 from the unappropriated balance of the General Fund for other professional services ($12,500), constructions materials ($8,500), traffic control supplies ($1,000) and for equipment replacement and maintenance costs ($17,825). Presented by Approved as to form by John P. Lippitt J.o~l/M. Kaheny Director of Public Works cit~ Attorney [H:/HOME~A/YORNEY\RESO/PW$ staffincrease (February 19, 2001 (11:23am~]/ a~~ o~ · CTTY OF CHULA VTSTA STREET MATNTENANCE OPERAT'rONS STAFFTNG STUDY PREPARED BY PABLO QUILANTAN OFFICE OF BUDGET & ANALYSIS CITY MANAGER'S OFFICE Acknowledgements: A special thanks to John Lippit and the following Engineering/Public Works staff for participating in this report and providing a substantial amount of time and effort towards its completion: Bob Beamon, Senior Management Analyst Dave Byers, Deputy Director, Public Works Operations Dave Marrufo, Senior Public Works Supervisor Gilbert Ponce, Public Works Supervisor Tim Ripley, Public Works Supervisor Norma Rodriguez, Public Works Technician Judy Sisson, Public Works Technician Bill Ullrich, Senior Civil Engineer STREET MAINTENANCE STAFFING STUDY TABLE OF CONTENTS INTRODUCTION ......................................................................................... 1 PART 1: WHO ARE THEY? ..................................................................... 7 THE STREET MAINTENANCE SECTION ............................................................................................. 7 STREET MAINTENANCE TASKS .......................................................................................................... 9 NON-STREET MAINTENANCE TASKS .............................................................................................. 11 THE CURRENT WORKLOAD ............................................................................................................... 13 AN ANALYSIS OF STAFF TIME AND RELATED TASKS ................................................................ 18 PART 3: WHERE THE RUBBER HITS THE ROAD ......................... 26 RESOURCES ........................................................................................................................................... 26 PART 4: THE CONSEQUENCES OF EVERYTHING PRESENTED SO FAR ....................................................................................................... 29 BACKLOG ALERT!!!! ............................................................................................................................ 29 PART 5: WHAT ARE THE ODDS? ........................................................ 33 ASSESSING STAFFING NEEDS ........................................................................................................... 33 PART 6: ON THE ROAD AGAIN ........................................................... 38 CONFIGURATION OF STAFFING AND RELATED EQUIPMENT ....................................................................... 38 PROPOSED CREW CONFIGURATION ................................................................................................ 39 NECESSARY EQUIPMENT & SUPPLIES ............................................................................................ 40 TOTAL COST SUMMARY ............................................................................................................................ 42 CONCLUSION ............................................................................................ 43 City of Chula Vista Street Maintenance Staffing Study Street Maintenance Staffing Study INTRODUCTION In March of 1999, the Special Projects Division of the City Manger's office published a report that emphasized the importance of streets to the City and the importance of funding a pavement management program that would prolong the life of the City's streets and prevent their premature deterioration. This report recommended the proactive steps the City should undertake to implement a pavement management program by funding street maintenance capital improvement projects (CIPs). By doing so, the City would position itself to avoid more expensive street repairs in future years that would result from having to undertake costly reconstruction projects for streets that had not been properly maintained. Currently, the City's street maintenance is delivered through two principal methods: CIP projects and in-house staff. These two principal methods are employed as a result of the nature of the street maintenance work that can be classified in terms of being proactive or reactive. Proactive street maintenance is characterized by activities undertaken to prolong the life of the streets. Generally, proactive street maintenance work is of a larger scale and is accomplished through CIPs. Examples of proactive street maintenance activities include the following: · Surface Treatments: Accomplished through crack sealing, chip or slurry seals, is a preventive maintenance process which seals cracks in the pavement to prevent moisture from entering the pavement and which preserves the surface of the · roads. Sealing should be done every 5-7 years to prolong the life of a street to 20 years or longer depending on usage and the timing of the application. · Resurfacing or Pavement Overlay: The process of apply/ng one or more inch layers of asphalt on the street usually after 10 -12 years of use. This process can extend the life ora street by 10 years. On the other hand, street repairs that are undertaken as a matter of urgency for safety reasons, or as part of the City's daily operations because they are too small to outsource, are considered reactive street maintenance activities. The City's Street Maintenance Section of the Public Works department is responsible for performing this portion of the City's street maintenance. Examples of the street maintenance service provided by the City's Street Maintenance Section include performance of the following tasks: · Pothole Repair: A pot-shape hole in a road surface that occurs when asphalt has displaced from the sub-grade. · Minor Street Reconstruction: The result of minor surface cracking and oxidation due to the lack of preventative maintenance. Process involves removing deteriorated asphalt, re-compacting surface, and placing new asphalt. · Ma[or Street Reconstruction: The result of major surface wear, alligator cracking, oxidation, crumbling asphalt, and small potholes. It is due to surface and subsurface deterioration of major sections of the roadway. A total reconstruction of surface and sub-grade of the street is required. · Curb Line AC repairs: Work generated by Wastewater Section. Repair of a street section directly in front of curb line that was removed while installing or repairing a sewer lateral. · Lateral cut resur[acing: Work generated by Wastewater Section. Replace pavement that was removed for a sewer lateral installation or repair. · Skin t~atchine/cat~t~ine. (Skin patching) Hand overlay on minor deficiencies of existing pavement; (capping) final capping on asphalt base of reconstruction areas. The 1999 street maintenance report emphasized implementing a pavement overlay program through the funding of CIPs. In order to obtain a reference for Cffy of Chula Vista Street Maintenance Staffing Study estimating the resources required to fully implement this program, this report used the findings of a 1995 Infrastructure Maintenance Survey (IMS) that had been commissioned by the City to assess the overall condition of the City's street system. This survey employed a rating system that ranged from 10 to 85+ points in order to evaluate the condition of the streets. Streets assigned higher point ratings were rated to be in better condition and required less immediate maintenance. At the time the survey was conducted, the City's street system received a rating of 79. However, at the time the report was completed in 1999, this rating had been revised downward to 75. This was due to budget constraints that had occurred since 1995 that precluded the allocation of resources to street maintenance projects. The rating system employed by the survey to gauge the condition of the City's streets is summarized in the following table: Table 1 A: 85+ Minimum to minor 12 - 15 Very Minor Surface Cracking patching and crack sealing B: 84-80 Some seal coat or thin 10 - 12 Minor surface cracking, oxidation overlay Additional Surface Cracking, C: 79-70 Oxidation & wear at the seam Routine thin to thick 8 - 9 lines overlay Major surface wear & cracking, D: 69-60 oxidation, crumbling asphalt, Thicker overlay or 6 - 8 small potholes reconstruction. Surface and subsurface E: 59-40 deterioration of major sections Spot reconstruction and 3 - 6 roadway subsurface stabilization Major failure of surface and F: 39-10 subsurface materials, causing Total reconstruction of < 3 unsafe driving conditions, surface and subgrade Based on this rating system, the estimated cost to the City to maintain a street condition rating of 80 would have required a capital expenditure of approximately $42.5 million to be allocated over the fiscal years 1998-99 through 2002-03. Maintaining a City of Chula Vista Street Maintenance Staffing Study rating of 75 would have required an estimated $32.0 million expenditure over the same period of time. Recently, the fiscal conditions have improved allowing the City to fund street maintenance capital improvement projects. In FY 1999-00 the City allocated more than $4.14 million to capital street improvement projects for pavement overlays and street reconstructions. For FY 2000-01, City of Chula Vista Capital Improvements Program recommended that the City spend an average of $5.0 million annually on street rehabilitation during the next five years in order to maintain the current condition of the City's streets. To meet this need, the FY 2000-01 Capital Improvements Program identifies $9.2 million of funding for street-related projects. Of this amount $7.5 million is for a pavement rehabilitation project that will target high priority streets requiring the most maintenance. This program is intended to prevent the accelerated deterioration of these streets to the extent that more costly street reconstruction work is avoided. The FY 2000-01 Capital Improvements Program also contains an additional $15.7 million to be distributed over four years beginning in FY 2001-02 for future pavement rehabilitation projects. These projects will consist of overlays, chip seals and slurry rehabilitation strategies that will be applied to deteriorating pavements throughout the City. As part of obtaining a current assessment of its street conditions, the City will be contracting with a consultant in 2001-02 for pavement testing. This evaluation will include the streets in the City's eastern territories that had not previously been tested. This information will be used to plan for future street maintenance needs. An issue that was briefly discussed, but not fully addressed by the 1999 street maintenance report, concerned the staffing and funding level of the City's Street Ci~v of Chula Vista Street Maintenance Staffing Study Maintenance Section of the City's Public Works Department. The tasks performed by the Street Maintenance Section include the reactive component of the City's street maintenance services. The 1999 street maintenance report briefly discussed the concern that a growing portion of the Street Maintenance Section's activities were being devoted to performing non-street maintenance related tasks. Consequently, street maintenance work was being deferred to the point where a backlog was accumulating resulting in the need to fund an estimated $1.0 million for emergency street repairs. This report presents an analysis of the Street Maintenance Section for the purpose of establishing an adequate staffing level that will help the City meet its growing needs for street maintenance services. Accordingly, this report is divided into six parts; each part examines a different component of the Street Maintenance Section's operation. The analysis results in a reconunended staffing and equipment configuration. The six parts of this report are: PART 1: Provides a discussion of the Street Maintenance Section's organizational structure and explains the various tasks it performs as they relate to the maintenance of the City streets and the other tasks performed. Part 1 also presents a detailed discussion of the current workload. PART 2: Is an analysis of the staff time that has been devoted to the undertaking of street and non-street tasks in calendar years 1997, 1998 and 1999. The measurement of the allocation of staff time among tasks is applied to a staffing formula later in the report in order to derive a staffing level necessary to perform the street maintenance division's current workload and backlog. PART 3: This is a discussion from a historical perspective of the staff and funding that has been allocated to the street maintenance section. This part of the report analyzes the resources that have been allocated for street maintenance and compares their growth over time to demographic measures such as population, and other measures representative of the City's growth. City of Chula Vista Street Maintenance Staffing Study PART 4: Develops an estimate of the backlog that has been created in the Street Maintenance Section as a result of resources not keeping pace with workload and the necessity of having to undertake a majority of non-street related tasks. PART 5: Is a discussion and an application of a staffing formula used to derive a staffing configuration. PART 6: Presents the final recommendations concerning the staffing configuration derived in Part 5. Also included is a discussion of the additional equipment and supplies that are required to support the staffing configuration. City of Chula Vista Street Maintenance Staffing Study PART 1: Who are they? What do they do? THE STREET MAINTENANCE SECTION The Street Maintenance Section of Public Works is comprised of 13 employees (including a Senior Public Works Supervisor) who perform emergency repairs on City streets by patching potholes, performing minor street repairs and reconstruction, and resurfacing minor sections too small or too urgent to contract out. This section also responds to citizen complaints to pick up trash and debris on City stxeets and in alleys. The Senior Public Works Supervisor is responsible for assigning and supervising all of thc section's work performed by two 5-person crews. Each crew consists of 1 equipment operator and 4 maintenance workers. In addition, each crew has a public works supervisor that directs the crews in the field and is responsible for overseeing the work performed. The public works supervisor also performs administrative functions that include verifying the workload. These reporting relationships are depicted in organizational chart on the following page: City of Chula Vista Street Maintenance Staffing Study CITY OF CHULA VISTA PUBLIC WORKS S I'F~EE'I OPERATIONS SECTION ORGANIZATIONAL STRUCTURE SENIOR PUBLIC WORKS SUPERVISOR (1) POS PUBLIC WORKS PUBLIC WORKS SUPERVISOR SUPERVISOR (1) POS (1) POS. Ill POS (1) POS. SENIOR I1) POS (2) POS (~) POS. (2) POS 12/Pos TOTAL: 13 POSITIONS The Street Maintenance Section crews are responsible for a workload that requires the completion of both street maintenance and non-street maintenance tasks. The workload related to these primary areas is generated as a result off · Responding to citizen complaints (potholes & sidewalk repair) · Reconstructing portions of City streets in order to maintain them in drivable condition · Repairing lateral cuts made to the asphalt and curb-lines resulting from sewer lateral repairs performed by the Wastewater section of the department. · Work identified by central administration and the street operations staff. · Maintaining clean City roadways and alleyways by performing trash pick-up and weed abatement at regular intervals throughout the year. 8 City of Chula Vista Street Maintenance Staffing Study STREET MAINTENANCE TASKS The street maintenance tasks are defined by the work that is undertaken in order to repair the asphalt portion of the City's streets. The street maintenance work performed by these crews is often of an urgent nature and usually involves repairing City streets that have reached a level of deterioration that warrants immediate attention for safety reasons. The more proactive preventative maintenance work involving surface treatments and pavement overlays involve projects that are of a larger scale. This work is accomplished through projects funded in the City's Capital Improvements Projects Program. The City's Street Maintenance Section performs various tasks to remedy the adverse conditions affecting the City's streets. These tasks subsequently require the Street Maintenance Section to deploy crews of specific sizes and the related equipment into the field. Understanding the staffing levels required to perform the various street maintenance tasks is a necessary first step towards developing a staffing level configuration. Table 2 describes in more detail the street maintenance related activities performed by the Street Maintenance Section that were initially discussed in ~he introduction of this report. The additional information listed in Table 2 includes the following items further describing street maintenance tasks: · Production Units of Measure: The units of measure used to gauge the productivity of each task as it is performed. · *Required Minimum Crew Size: The minimum size of the crew that is required to be deployed in order to perform the task. · Required Equipment: The equipment that is required to be deployed with the undertaking of each task. The deployment of this equipment is directly related to 9 City of Chula Vista Street Main tenance Staffing Study the minimum crew size required by each task. In other words, the number of workers that is necessary to deploy the required equipment into the field in order to perform the street related tasks dictates the minimum crew size. · Work Contracted Out: This column indicates the type o£work that is contracted out. This work includes surface treatments, overlays and major street reconstruction. *It is important to note from Table 2 that the minimum crew size required to perform street related work for 6 of the 9 street related tasks listed is at least 5. This constraint will weigh on the staffing analysis presented later in this repora Table 2 Pothole Repair 2' X 2' (area) 2 ~atch truck NO 3 dump trucks Minor Street 1 patch truck/roller Reconstruction SQ. FT. 5 1 Ioadedbackhoe/excavator NO 3 dump trucks Major Street 1 patch truck/roller Reconstruction SQ. FT. 5 1 Ioadedbackhoe/excavator YES Scoring Pavement & 1 compressor truck Asphalt Concrete Cutting SQ. FT. 2 1 flatbed truck NO Sidewalk Wedge Number of Placement Wedges 2 1 patch truck NO 2 dump trucks Curb Line Asphalt 1 patch truck & roller Concrete repair SQ. FT. 5 1 loader NO 2 dump trucks 1 patch truck & roller Lateral Cut Resurface SQ. FT. 5 1 loader NO 1 dump truck 1 patch truck Skin Patching/Capping SQ. FT. 5 I steel roller NO 3 dump trucks 1 patch truck Machine (Pavement) 1 steel roller Overlay/Resurfacing SQ. FT. 7 1 asphalt spreader YES Surface Treatments (Chip & Slurry Seals) SQ. FT. Contracted Contracted YES The reactive component of the City's street maintenance services is comprised pr/madly of the tasks listed in the above table. They describe the types of repairs that have to be 10 Ci~ of Chula Vista Street Maintenance Staffing Study undertaken when sections of the street pavement have reached the end of their life as a result of deferred maintenance or other factors. These factors include: significant water runoff from medians, trench cuts in the pavement, and higher traffic volume on the road than anticipated at design that lead to the premature deterioration of street surfaces. The timely completion of these repairs by City street maintenance crews ensures safe driving conditions and prevents further deterioration of the street surfaces that may result in costlier future repairs requiring the complete reconstruction of City streets. The routine repairs made to the City's streets by the Street Maintenance Section that include pothole repairs, asphalt crack sealing and minor street reconstruction help to prevent further damage to street surfaces. Therefore, street surfaces can be maintained through less expensive surface treatments like chip sealing, slurry/flex sealing or asphalt overlay as part of the previously discussed ongoing pavement management program. The differences between preventative maintenance and reconstruction costs can be significant. For example, the cost to perform asphalt overlay on one block of an average City two- lane street whose condition has been maintained through minor repairs is estimated to be $46,800. However, the estimated cost to overlay the same section of street increases to $81,200 if the condition of the surface reaches a level of deterioration such that entire surface area requires reconstruction. NON-STREET MAINTENANCE TASKS The non-street maintenance work performed by the Street Maintenance Section involves the completion of tasks in areas not pertaining to repair of the asphalt portion of the City's streets. These tasks are undertaken for a variety of purposes that include: 11 Ci~ of Chula Vista Street Maintenance Staffing Study maintaining the community's appearance, responding to citizen complaints, providing support to other City divisions and completing in-house administrative tasks. The City's growth has caused an increase in non-street related tasks performed by the City's Street Maintenance Crews. For example, a portion of the increase in these tasks has been driven by the need to perform trash pick-up and weed abatement on the stretches of road leading to the City's prominent sites. Consequently, these tasks are now performed at regular intervals throughout the year. The non-street maintenance tasks performed by the City's Street Maintenance Section are listed follows: Weed Abatement- Cutting and removing weeds along the side of roadways and medians. Trash Pick-up/Hauling/Recycling- Collection and disposal of trash throughout the City, i.e. hauling of materials for street maintenance tasks and disposal, recycling of materials (gravel, topsoil, mulch) stockpiled at the City's H St. storage facility. Other Street Maintenance Tasks- These tasks are assigned to the Street Maintenance Section pertaining to the streets, but not involving asphalt repair work. They include: supervision of County of San Diego Probation crews, patrolling the City streets during rainstorms and removing debris, grading shoulders and removal of graffiti. Services to Others - These are undertaken at the request of other city departments and the public. They include: moving furniture and other equipment, responding to emergencies i.e. clean-up of anto accidents, up righting of bus benches, clean-up of City facilities, assistance in traffic control, support of park maintenance activities and special events. Support to other Public Works Sections - This work is performed in support of other Public Works Operations Divisions and includes the labor hours devoted to sewer and concrete divisions and performing storm drain maintenance related work. Equipment Maintenance - Includes the time required for the maintenance of equipment and the time spent maintaining the City's stockpile yard on H St. Training/Safety & Administration- Time devoted to safety and first aid training and attending meetings. Also included is the time frontline staff spends performing supervisory functions in the absence of the supervisors. 12 City of Chula Vista Street Maintenance Staffing Study THE CURRENT WORKLOAD Assessing the current workload involves equating the number of staffhours that are required to complete tasks previously discussed, with the service level necessary to meet the City's street maintenance needs. A review of the number of hours worked by the Street Maintenance Section's crews from 1997-99 revealed that the current level of ten field staff)fielded an estimated average of 8.5 full-time equivalent (FTEs) hours per year. In other words, street and non-street maintenance tasks received an average direct labor equivalent of 8.5 full time person-hours during this period of time. Of the total FTEs, 4.3 were allocated to the completion of street maintenance/repair tasks, while the other 4.2 FTEs were allocated to the completion the non-street related workload. The allocation of 4.3 FTEs to street maintenance services resulted in the deployment of a 5-person crew an estimated 60% of the time (3 out of 5 days/week) to perform street maintenance/repair tasks (Most street repairs require the deployment ora S-person crew). However, staff estimates that at least one 5-person crew is required 100% of the time in order to maintain the current street maintenance/repair backlog from increasing. Briefly, this backlog is divided between two primary tasks. The first component of the backlog consists of the volume of sewer lateral cut resurfacing and curb-line repair jobs generated by the City's Wastewater Division that require the labor hours ora 5-person crew 2 days/week to complete. The second component of the backlog is the number of street reconstruction jobs that need to be completed requiring a 5-person crew to be available approximately 3 days/week in order to address the current street conditions. It is estimated that an additional 3.5 FTEs or a staff'mg level that yields the labor hours equal to 12.0 FTEs 13 City of Chula Vista Street Maintenance Staffing Study is required in order have one 5-person crew available 5 days/week or 100% of the time. Note: A more thorough analysis and discussion of the current backlog and recommended staffing levels required to achieve 12.0 FTE labor hours will be presented in parts 4 and 5 later in this reporL Increasing the current staffing to a level yielding 12.0 FTE labor hours per fiscal year would enable the Street Maintenance Section to manage the current workload of all tasks. The workload produced by this staffing level is summarized according to task in the following tables: Table 4a: Summary of Street Maintenance/Repair Production ESTIMATED YEARLY TASK HOURS PROJECTED WORK CREW OUTPUT Produce an estimated 126,000 sq. ft. of street reconstruction Street work throughout the City. 75% of the work to be performed on Reconstruction 8,400 residential streets needin9 immediate attention. Pothole Repair 2,200 Repair 4,500 potholes/year throuohout the City streets. Sewer Lateral Resurface an estimated 425 sewer lateral cuts produced by Cut/Resurfacing & the City's wastewater division and repair an estimated 100 Curb-line Repair 4,200 curb-lines per ),ear. Place 400 sidewalks wedges throughout the City, perform Other Asphalt Work pavement scoring in preparation of street reconstruction work, Support Tasks 1,200 perform minor pavement overla),s as needed. TOTAL 8.0 FTES Table 4a summarizes the estimated workload for street maintenance related tasks. This workload is based on the yearly projected level of street maintenance services required. Different methods were used to develop the projected number of hours for each individual task. For example, the projection for the number of hours required for the tasks under the category "Other Asphalt Work Support Tasks" and "Pothole Repairs" is based on a three-year trend of the average number of hours that were required to 14 City of Chula Vista Street Maintenance Staffing Study complete these tasks. In addition, an estimated output of 4,500 pothole repairs was also factored into this projection. The projection for the number of hours required to complete sewer lateral related work was based on the yearly projected number of sewer lateral repairs to be completed by the City's Wastewater Division. Projecting the number of staff hours required for street reconstruction was more difficult as there was no current data assessing the condition of the City's streets. Analysis of the historical output and staff hours for this activity from 1997 through 1999 indicated that street reconstruction services had received a lower priority in terms of staff resources due to workload increases in other areas. Therefore, estimating the number of necessary labor hours required for street reconstruction using historical data would have resulted in an understatement of the workload. Instead, the street reconstruction workload was derived through consultation with the Street Maintenance Section staff. Based on its assessment of the current street conditions and knowledge of previous workload patterns, they recommended that at minimum, one 5-person crew working full-time three days per week was required for the completion of street reconstruction tasks. Therefore, the street reconstruction workload was based on the number of labor hours required for this minimum standard. The workload for non-street maintenance staffis summarized in Table 4b on the following page. As previously discussed, the workload in this area of tasks has increased as a result of having to maintain the appearance of the roadways leading to the City's high profile sites at regular intervals throughout the year. Analysis of the staffhours worked and the number of completed tasks confirms that the completion of non-street maintenance tasks has acquired priority over the completion of street maintenance/repair 15 Cit~ of Chula Vista Street Maintenance Staffing Study work. The analysis revealed a consistent pattern of labor hours allocated to non-street maintenance tasks. This allocation of staffhours appeared to represent a permanent change in the workload and thus provided the basis for deriving the workload for these tasks. Note: A more in depth analysis of the allocation of the Street Malntenance Section's labor resources is presented in Part 2. Part 2 also more fully discusses the effect of undertaking the non-street maintenance has had on the completion of street maintenance/repair work 16 City of Chula Vista Street Maintenance Staffing Study Table 4b: Summary of Non-Street Maintenance/Repair Production ESTIMATED YEARLY TASK HOURS PROJECTED WORK CREW OUTPUT Perform trash pickup throughout the City including regular weekly cleanup of key roadways leading to the City's high profile sites (Le. Coors Amphitheatre, Knott's Soak City and the Olympic Training Center) during peak visiting periods. Cleanup of alleys in the Otay area 3 times/year. Haul materials for street maintenance tasks and disposal and Trash Pickup / Recycle of materials (gravel, topsoil, mulch) stockpiled at the Hauling / Recycling 1,800 City's H St. storage facility. Perform weed abatement throughout the City including the City's 23 raised center medians on a quarterly basis. Cut weeds along 39 miles of roadways at regular intervals throughout the year. Major roadways maintained include Wueste Rd. and Otay Lakes Road from Hunte Pkwy to the Weed Abatement 1,750 east city limits every 3 months. Perform rain patrol services (i.e. pick-up debris from roadways Other Street during winter storms), grade road shoulders, supervise Services 1,500 probation crews and remove graffiti. Equipment Maintain the Street Maintenance Section's equipment and the Maintenance 1,200 City's H St. stockpile yard. Respond to request for services by other City departments and the public. The completed tasks include: moving furniture and other equipment, responding emergencies i.e. clean-up of auto accidents, up righting of bus benches, clean-up of City Services to Others 900 facilities and assistance in traffic control. Support to Other Provide support on an as needed basis to other Public Works Public Works Operations divisions for completion of sewer, concrete, tree Divisions 500 maintenance, and storm drain maintenance related work. Conduct safety and first aid training and attend mandatory Training / Safety and meetings. Provide supervision to frontline staff in the absence Administration 400 of the supervisors. TOTAL 4.0 FTES ~ GRAND TOTAL ALL TASKS: Summarizing the workload requirements listed in Tables 4a and 4b results in the Street Maintenance Section requiring a staffing level that yields 12.0 FTEs. This represents an increase of 3.5 FTEs over the current staffing level often than yields 8.5 FTEs. 17 City of Chula Vista Street Maintenance Staffing Study PART 2: What are they actually doing? And why ......... AN ANALYSIS OF STAFF TIME AND RELATED TASKS The 1999 street maintenance study estimated that 25% of the Street Maintenance Section's time was being devoted to non-street related activities such as trash pick-up, weed abatement and furniture moving. In order to obtain a more precise measurement of the allocation of staff resources, an analysis of the number of hours and tasks performed by the Street Maintenance Section was conducted. This analysis used data gathered from the Public Works Work Management System (WMS). The WMS records all of the hours and activities performed by Public Works Operation crews including the Street Maintenance Section. The system is maintained daily by the Public Works Operations Staff. The specific data gathered from this system for the purposes of this analysis is as follows: Job Id Number: Used to summarize the number of jobs. Job Type Code: Used to distinguish between the types of task performed i.e. street related vs. non-street related tasks. Number of Hours: Number of hours recorded for the completion of each job. Units of Production: The number of workload units produced by each job. Employee Name: The gathering of the employee names enabled the analysis to be performed only in terms of the Street Maintenance Section. 18 City of Chula Vista Street Maintenance Staffing Study Available workload data~ was gathered for calendar years 1997, 1998 and 1999. Public Works Operations staff verified the total number of hours worked by each staff member of the Street Maintenance Section for calendar year 1999 data ensuring that the minimum of eight working hours were accounted for by each staff member. Analysis of the data gathered revealed that in calendar year 1999, 48.2% (less than half) of the hours worked by the Street Maintenance Section were devoted to street maintenance related activities. Of the total hours, 39.2% were allocated to the completion of non-street related activities and 12.6% were spent on leave time i.e. vacation, sick leave etc. These findings are depicted in the following graph: GRAPH 1: STREET MAINTENANCE OPERATIONS 1999 LABOR HOURS BY ACTIVITY STREET 48.2% LEAVE 12.6% NON-STREET 39.2% Analysis of the total number of jobs completed in calendar year 1999 indicated that 64.2% of these jobs were for non-street related activities vs. 35.8% for street related 1 . However, this same process could not be applied for calendar year 1998 and 1997 data as a result of the age of the WMS that subsequently did not allow changes to be made to historical records. Thus, 1998 and ! 997 data are presented for comparison purposes only. 19 City of Chula Vista Street Maintenance Staffing Study Tasks. Review of the staffhours worked in 1997 and 1998 data also revealed a similar trend. These findings are depicted in the following graph: STREET MAINTENANCE OPERATIONS SECTION DISTRIBUTION OF LABOR HOURS BY ACTIVITY 100% 80% 60% 40% 20% 0% 1997 1998 1999 CALENDAR YEAR [ISTREET 1NON-STREET ILEAVE I As Graph 2 indicates, the number of labor hours devoted to street related tasks in calendar years 1997 and 1998 also accounted for less than half of the total hours worked. This trend was more pronounced in 1998 when only 38.7% of the total hours worked were devoted to street related activities. Analysis of the total number of completed jobs revealed that non-street maintenance/repair jobs exceeded the number of street maintenance jobs as a percentage of their respective yearly totals during the same period of time. These percentages are summarized in the following table: 20 City of Chula Vista Street Maintenance Staffing Study TABLE 3: DISTRIBUTION OF COMPLETED JOBS BY CALENI)AR YEAR TASK 1997 1998 1999 STREET 42.0% 35.1% 35.8% NON-STREET 58.0% 64.9% 64.2% Further analysis of the number of hours and the number of completed non-street maintenance related jobs revealed that the percentage of total completed jobs involving non-street related jobs was consistently higher than the percentage of hours devoted to non-street related tasks over the reported three years. This is explained by non-street maintenance related tasks on average requiring less time per job than street related tasks. This resulted in more non-street relatedjobs completea~ Also, the undertaking of most of the street related tasks (6 of g) requires a minimum crew size of 5 to be deployed which is often difficula The Street Maintenance Section regularly finds itself having to split its crews in order to give priority to non-street related tasks as a due to the need to respond to citizen complaints and the need to respond to urgent requests from central managemena This results in the completion of a proportionately greater number of non-street related jobs at the expense of deferring street maintenance related work. Analysis of the completed street related work by task for the previous three years, indicates that street maintenance crews are not often deployed at full strength to perform street maintenance work. This is shown in the following graph that summarizes the number of hours that were allocated to street maintenance from 1997 through 1999: 21 City of Chula Vista Street Maintenance Staffing Study Graph 3: COMPLETED STREET RELATED TASKS CALENDAR YEARS 1997-99 RESURFACE LATERAL PATCH POTHOLES 30.4% CUT 16.1% MAJOR STREET RECONSTRUCTION 14.7% MACHING OVERLAYS 0.6% CURB-LINE REPAIR 5.9% IINOR STREET SIDEWALK WEDGE RECONSTRUCTION 6.0% PLACEMENT 11.0% SCORING PAVEMENT 6.5% SKIN PATCHING/CAPPING 9.8% As shown in Graph 3, 41.4% of the street related tasks completed by the crews of the Street Maintenance Section were allocated between pothole repairs and sidewalk wedge placements. These two tasks require a minimum staffing level of a two-member crew only and are considered to be tasks that are completed on an emergency basis or as a temporary fix. In contrast, 20.7% of the completed tasks that were allocated to street reconstruction work--considered to be a principal task--and requires a staffing level of 5 in order to accomplish. With the exception of sewer lateral cut resurface tasks, the remainder of what are also considered to be principal street related maintenance tasks individually accounted for less than 10% of the remaining 37.9%. Under more ideal circumstances, the Street Maintenance Section would be able to deploy its crews at full 22 City of Chula Vista Street Maintenance Staffing Study strength to complete more street reconstruction projects rather than primarily completing pothole repair jobs and placing temporary asphalt wedges on sidewalks. Why are the street repair tasks not being completed? This question has partially been answered by the analysis of the Street Maintenance Section's current workload that revealed the need of a staffing level that yields 12.0 FTEs versus the current staffing level that only yields 8.5 FTEs. The remainder of the question is answered by examining the impact that the undertaking of non-street related tasks has had on the completion of street maintenance work. From 1997 to 1999 the Street Maintenance Section devoted an average of 8,360 hours or 42.0% of the total yearly labor hours to the completion of tasks that did not involve street related repair work. This growth in the non-street maintenance workload is the primary reason street maintenance is not being completed on a regular basis. The numbers of hours that have been dedicated to non-street maintenance/repair tasks during calendar years 1997 through 1999 are summarized in Graph 4 on the following page: 23 City of Chula Vista Street Maintenance Staffing Study Graph 4: DISTRIBUTION OF LABOR HOURS FOR NON-STREET REPAIR RELATED TASKS HAULING/TRASH PICK-UP & RECYLCING 21.6% SUPPORT TO OTHER PUBLIC WEED ABATEMENT WORKS DIVISIONS 7.2% TRAINING/SAFETY ADMINISTRATIVE 7.4% SERVICES TO OTHERS 10.7% OTHER STREET SERVICES 17.0% EQUIPMENT MAINTENANCE 14.4% CALENDAR YEARS 1997-99 As indicated by Graph 4, trash pick-up/hauling/recycling, combined with weed abatement accounted for 42.6% of the non-street maintenance/repair hours worked by the Street Maintenance Section during calendar years 1997-99. The allocation of labor hours to these tasks quantifies the previous discussion relating to the impact the City's growth has had on increasing the requirement to perform trash pick-up and weed abatement tasks. These tasks are performed at more frequent intervals over a larger City area than was previously necessary. The balance of the hours (57.4%) was accounted for by the following categories: "services to others" (10.7%) and "support to other Public Works divisions" (7.2%). The hours in these two categories accounted for time that was allocated to performing several different tasks on an "as needed" basis rather than one particular task on a frequent basis. The category "other street services" (17.0%) varied on 24 Citg of Chula Vista Street Maintenance Stuffing Study a yearly basis according to the number of hours that were devoted to rain patrol tasks i.e. the weather. Other categories including "equipment maintenance" 14.4% and "training/safety and administrative" (7.2%) represented a constant portion of the hours the Street Maintenance Section was required to dedicate to these activities. The hours spent maintaining equipment is a result of the decentralized approach to equipment maintenance employed. This requires each Public Works Operations Division to maintain its own equipment. The hours allocated for training/safety and administration accounted for the time staff spent attending meetings, receiving safety instruction, administering and taking tests and providing supervision to crews in the absence of senior staff. The growth in non-street maintenance related work has impacted the completion of street maintenance tasks in two major ways: · The staff hours allocated to the undertaking of non-street maintenance tasks has meant less available hours available for the completion of street maintenance. · The deployment of 5-person crews into the field for the completion of street maintenance work has been hindered in instances when non-street maintenance tasks were given priority. Over time, the current workload patterns have led to a backlog of street maintenance tasks. The details of this backlog will be more thoroughly discussed in Part 4 of this report. 25 City of Chula Vista Street Maintenance Staffing Study Part 3: Where the Rubber Hits the Road ..... RESOURCES Analysis of the Street Maintenance Section's staffing indicates that staffing levels have not kept pace when compared to other growth factors that have impacted the City. From FY 1991-92 to 1999-00, the Street Maintenance Section staffing experienced a decrease and has remained constant to the present. However, the following indicators have increased accordingly during the same period of time: City Population - The City's population has increased at an average annual rate of 2.7% from (140,354 to 174,319). The overall change during this period totaled 24.2%. · Number of City Road Miles - The number of City road miles has increased at an average annual rate of 2.8% (from 270 to 336) for a total increased of 24.4%. · Funding of CIP Projects - As a result of budget constraints, funding for street rehabilitation/overlay projects was not available on a consistent basis during the most of the 1990's. Funding for these projects ranged from low of $0 in FY 92-93 to a high orS1.79 million in FY 93-94. The City's financial position improved in FY 98-99 and again in FY 99-00 allowing funding for street rehabilitation projects to increase to $961,000 and $4.14 million respectively. Due to budget reductions, staffing for the Street Maintenance Section was decreased in FY 1995-96 from 20 to 13. This decrease resulted in the reduction of staff and transfer of the concrete crew to the sewer division. The work done by this crew was partially replaced by the funding ora contract for sidewalk repair in FY 1997-98. However, the support previously provided by this crew to the Street Maintenance Section to perform 26 City of Chula Vista Street Maintenance Staffing Study other street maintenance functions was affected as the flexibility to field 5-person crews was permanently lost. Since FY 1995-96, the Street Maintenance Section has been staffed at a constant level of 13 positions (including 3 supervisory staff). This has left a 10 member frontline staff available to perform the street related tasks. The relationships between street staffing levels and the growth factors that have affected the City are summarized in the following graph: Graph 6: STREET MAINTENANCE OPERATIONS STAFFING LEVEL COMPARISON INDEXED GRO~H 4.5 4.0 3.5 3.0 2.5 2.0 1.5 LEVEL 1.0 0.5 0.0 FY 91-92 FY 92-93 FY 93-94 FY 94~95 FY 95-~ FY ~-97 FY 97-98 FY 98-99 FY 9~00 FISCAL YEAR IIPOPU~TION lClP PROJ. 1ROAD MILES ~TAFFING I Graph 6 shows the staffing level of the Street Maintenance Section before and after the budget reductions that were adopted in FY 1995-96. This graph also provides a visual comparison between the growth changes that have impacted the City and the staffing 27 City of Chula Vista Street Maintenance Staffing Study levels that were decreased in FY 1996-96 and remained constant through FY 99-00. The gap between the City's growth and the current staffing levels helps to partially explain why street maintenance tasks have not kept pace over time. In addition, the City's Sewer Maintenance Section has also increased its staffing by adding an additional construction crew. The addition of this crew has further increased the number of sewer lateral repair jobs that require additional resurfacing of sections of the City's pavement. This has contributed to an increase in the backlog of street maintenance/repair tasks that have not been undertaken on a consistent basis due to a shortage of staff. The components of this backlog and the resources that are required to address it are discussed more thoroughly in the next section. 28 City of Chula Vista Street Maintenance Staffing Study Part 4: The Consequences of Everything Presented So Far .... BACKLOG ALERT.*.*.*.* Previous sections of this report have discussed the findings that outline the reasons street maintenance repair tasks have been falling off. The findings presented indicate that street maintenance tasks are neither being completed in volume nor on a timely basis due to increased undertaking of non-street maintenance tasks. The increase in these tasks has created competing workload priorities within the Street Maintenance Section and has resulted in street maintenance tasks being deferred in favor of the non- street maintenance tasks. Briefly, the major findings presented thus far are summarized as follows: · The demand for services requiring the completion of tasks other than street maintenance related work resulted in only 48.2% of the 1999 labor hours being devoted to street repair tasks. Implication: The increase in competing tasks is precluding the deployment of street maintenance crews to perform street related repairs because due the majority of the street related repair tasks require a crew with a minimum staffing level of S. Street repairs cannot be undertaken when crews are divided. · Pothole patching and sidewalk wedge placements accounted for 41.4% of the completed street maintenance related tasks involved, while principal street maintenance tasks such as street reconstruction accounted for 20.7% of the completed street related tasks. Implication: On occasions when street crews are deployed to perform street maintenance functions, they are not deployed at full strength. Tasks such as pothole repair and sidewalk wedge placement require a minimum 2-person crew while a 5-person crew is required for other principal street related repair tasks. · The Street Maintenance Section's staff was reduced by 7 positions in FY 1995- 96 and has remained constant to the present time despite the growth undergone by the City. Implication: The staffing level of the Street Maintenance Section has not kept pace with the factors that have affected the City's growth. 29 City of Chula Vista Street Maintenance Staffing Study The result of everything discussed so far is an increase in the backlog of work that needs to be completed primarily in the areas of curb line repair; sewer lateral cut resurfacing and street reconstruction. (Yes! The undertaking of these tasks requires the deployment of S-person crews; further indication that street maintenance crews are not being deployed at full strength.) The source of the backlog for sewer lateral cut resurfacing and curb line repairs is generated through jobs completed by the Public Works Department's Sewer Division. These tasks are subsequently the responsibility of the Street Maintenance Section for final completion of the asphalt portion of the job. The street reconstruction backlog is derived from jobs that have been identified by street maintenance staff or reported by other citizens. (Note: As a result of the need to perform other tasks, street maintenance staff is currently precluded from assuming a proactive role in identifying street reconstruction jobs; thus the backlog in this area is probably understated at this time. Also, the sewer lateral backlog does not reflect the output of the fully staffed sewer reconstruction crew that was recently added. ) Tabulating the backlog for each of these tasks indicates that an estimated 8,829 labor hours or the equivalent of 272 work crew days are required in order to bring the backlog up to date. These figures translate to a backlog of approximately 12.95 months. In other words it would take 12.95 months for a 5-person crew working full time to complete the work that is currently backlogged. The estimated hours were derived using the weighted averages for the number of hours required to complete each job in each task. The weights assigned to the estimated averages were based on the number of jobs completed in each of the task categories during the 1997-99 calendar years. Thus, years with more jobs listed for a 30 CiG of Chula Vista Street Maintenance Staffing Study particular task category (i.e. street reconstruction jobs) were given more weight in calculating the average number of hours required for completion of that particular task. A standard of 32.5 hours was applied as the number of available working hours a 5-person crew would be able to apply to complete a particular task during a workday. This standard was used to calculate the number of days required to update the backlog for each task category. The number of equivalent months was based on an average of 21 available working days per month for a twelve-month period. A summary of the backlog listing each of these tasks is presented in table 4 as follows: Table 4: CURB LIN~: ASPHALT 7.2 52.9 145 1,044 32 $143,400 CONCRETE REPAIR STREET 33.2 450.4 136 4,515 139 $815,300 RECONSTRUCTION SEWER LATERAL CUT 8.0 65.4 408 3,270 101 $355,200 RESURFACE TOTAL LABOR HOURS 8,829 272 $1,313,900 As Table 4 indicates, sewer lateral cut resurfacing jobs account for the largest portion of the backlog in terms of the total number of jobs that are pending completion. However, street reconstruction jobs account for the greatest number of hours and subsequently the greatest number of crew days (139) that are required to update the backlog. 31 City of Chula Vista Street Maintenance Staffing Study The one-time cost to outsource the work to a private contractor is estimated to be $1.31 million. The next section of this report discusses the application of a staffing formula that incorporates the findings pertaining to the current workload and the existing backlog discussed. The application of this formula will enable the derivation of a staffing level to manage the Street Maintenance Section's current workload and backlog. 32 City of Chula Vista Street Maintenance Staffing Study Part 5: What are the Odds? ASSESSING STAFFING NEEDS Using the information developed in the previous sections of this report enables the calculation of a more definitive measurement of the "the odds or probability" the Street Maintenance Section will be able to deploy a crew(s) of sufficient size to undertake street maintenance repair tasks on an ongoing basis. Estimating the probability that a fixed staffing level will be available to manage the estimated workload is required to develop a permanent staffing level that will enable the Street Maintenance Section to recapture its primary mission: "Fixing and Maintaining the City's Streets." The key findings discussed thus far describing the primary components to be used in the application of the probability (staffing) formula are as follows: · The current staffing level for Street Maintenance Section is comprised of two 5- person crews [for a total often field staff] that are available to perform street maintenance/repair tasks. · Street repair tasks require the deployment of a 5-man crew at any given time these tasks are undertaken. · The percentage of available working hours the Street Maintenance Section staff allocated to performing non-street repair related tasks was 39.2% in calendar year 1999. Leave time accounted for 12.6% of the available working hours during the same period. (This means that street crews are only available 48.2% of the time to perform street maintenance/repairs. Or conversely, street maintenance section crews were not available to perform street maintenance/repairs 5L 8% of the time. 33 City of Chula Vista Street Maintenance Staffing Study The establishment of these measurements allows the calculation of the probability that specific size work crews will be available to be deployed on a consistent basis. The formula that yields this probability is as follows: [(1-P)(n-r) * (P)r ] * {n!} r! (n-r)! Where: · P = the probability a work crewmember will not be available to perform street maintenance/repair tasks either because of absence or the need to perform other tasks. (51.8%) · 1-P = the probability a work crewmember will be available to perform street maintenance/repair tasks. (48.2%) · n = is the total number of work crew members. (10) · n! = Factorial ofn · r = the number work crewmembers not available to perform street maintenance/repair tasks either because of absence or the need to perform other tasks. · r! -Factorial ofr This formula yields the probability that exactly (n-r) work crewmembers will be available to work performing street maintenance/repair tasks on a particular day. For example, substituting 5 for the value of(r) and 10 for the value of(n) yields the value .245 or 24.5%. This is the probability that 5 of the 10 crewmembers will be available to staff a work crew of 5 assuming that 51.8% of the available time is consumed by performing other non-street related maintenance/repair tasks or leave time. However, in order to establish a staffing level, it is necessary to apply this formula to determine the probability that $ or more crewmembers will be available to staff a work crew of 5 assuming that 51.8% of their available time is constrained by performing other tasks or time off. (5 is 34 City of Chula Vista Street Maintenance Staffing Study the benchmark value used because it represents the staffing level required to deploy a street maintenance/repair crew.) Using the formula to calculate this scenario requires the calculation of the individual probabilities that 5,6,7,8,9,10 crewmembers will be available to work and summing these results. This yields the probability that 5 or more crewmembers will be available to work. Applying the formula in this manner yields the value .578 or 57.8%. Interpreting this result indicates that, with the current operating conditions, the Street Maintenance Section can expect to deploy a crew of 5 to perform street maintenance repairs 57.8% of the time at the current staffing level oflO and assuming that 51.8% of the available staff time is consumed by performing other tasks and leave time. Using the same formula to determine the probability that all 10 crewmembers would be available to staff two full crews of 5 persons at any given time in order to perform street repair tasks yields a value .007 or .07%. This means there is almost no chance at all that the Street Maintenance Section can currently deploy all 10 of its staffto perform street maintenance/repair tasks at the current staffing level and estimated workload. In order to increase the likelihood that the Street Maintenance Section will be able to deploy the necessary 5 member crew(s) on a more consistent basis requires an increase in staffing from the current level of 10. By how many?.? The answer to this question is developed by first assessing the number of hours the Street Maintenance Section has been devoting to non-street maintenance/repair tasks. Review of these hours indicates that the Street Maintenance Section has devoted an average of 4.2 FTEs to non-street maintenance/repair tasks over the years 1997-1999 as a result of an increased workload primarily for trash pick-up and weed abatement tasks. This increased workload appeared 35 City of Chula Vista Street Maintenance Staffing Study to represent a permanent change to current operations as a result of the City's growth. Therefore, updating the staffing calculation by increasing the staffing level from 10 to 14 (increasing (n) from 10 to 14) increases the probability that the Street Maintenance Section will be able to deploy a 5-person crew from 57.8% to 100% of the available time. Although this additional staff marks an improvement in terms of increasing the probability of having a 5-person crew, the improvement is realized in terms of having only one 5-person crew available at any given time. The assessment of the current workload (Part 2 of this report) resulted in the need to have a staffing level that yielded 12 FTEs as a result of the need to deploy a portion of the Street Maintenance Section's staff to perform non-street maintenance/repair tasks. Also, a staffing level yielding 12 FTEs is the estimated staffing level required to maintain the current backlog for street maintenance/repair. Increasing the staffing level to 14 would yield 12 FTE staffing level only 74.3% of the time, and make available an additional 2-person street maintenance/repair crew available 55.1% of the available time. A second 5-person crew would be available less than 7% of the available time. However, the current street maintenance/repair backlog requires the availability of a second 5-person crew, or at least an additional 2-person crew, to be available on a consistent basis in order to reduce the current backlog. A more optimum staffing level is achieved by increasing the staffing to 17. This staffing level yields the staff resources and creates the flexibility to meet the current workload and manage the pending backlog ofjobs. Increasing the staffing level to 17 yields 12 FTEs 99% of the time and enables the Street Maintenance Section to deploy a 2-person crew (toperform pothole patching andplace sidewalk wedges) in addition to a 36 City of Chula Vista Street Maintenance Staffing Study full-time 5-person crew 99% of the available time. At this staffing level, the second 5- person crew is made available to perform street maintenance/repair tasks an estimated 63.6% of the available time. (Note: The probability that estimates the availability of the second 5-person crew is a value derived from the staffingformul~ The availability ora second S-person crew is expressed in terms of a minimum value and takes into account that in all likelihood, the probability that a second S-person crew will be available more often than the estimated 63.6% of the available time. This is due to some of the non- street maintenance/repair tasks not requiring the deployment of a 5-person crew in order for completion. For example, a second 5-person crew would be available 84.1% of the time in instances where only 4 of 5 members of this crew were deployed to perform non-street maintenance/repair tasks. 37 City of Chula Vista Street Maintenance Staffing Study Part 6: On the Road Again Configuration of Staffing and Related Equipment The application of the staffing formula presented in the preceding section of this report resulted in the recommendation to increase the Street Maintenance Section by 8 additional positions. These positions were found to be necessary as a result of the increased workload that had taken place in non-street maintenance/repair tasks and the need to address the accumulated backlog in asphalt maintenance/repair related tasks. The addition of these positions would increase the Street Maintenance Section total staffing level to 21. However, additional analysis of the workload revealed that the portion of non-street maintenance tasks that included weed abatement and trash pick-up could be accomplished with the hiring of Probation work crews. These crews consist of 13-20 persons and provide the City with a cost effective option to managing the increased non- street maintenance related workload. In the past, the City has successfully utilized Probation work crews to perform the less skilled labor tasks such as weed and trash pick-up, however their use has been limited by funding levels. Expanding the use of Probation work crews would allow the City to direct labor resources to the sites needing weed abatement and trash pick-up services at the required intervals throughout the year. This would preclude having to re- deploy City work crews to perform these services at the expense of deferring street maintenance work. Furthermore, the utilization of Probation work crews would allow the staffing recommendation to be revised downward to six positions instead of the eight positions 38 CiO~ of Chula Vista Street Maintenance Staffing Study estimated by the staffing formula in the previous section. The level of street maintenance work as discussed in the previous section would still be able to be achieved with two fewer staff: This would be made possible because utilizing Probation work crews would also result in the need for a staffing level that y/elds 10 FTEs instead of 12. Therefore, staff is revising the recommendation to the addition of one 5-person crew and one supervisor for a total increase of six positions. Staff is also recommending an increase of $25,000 to the services and supplies account for the acquisition of Probation crew services. The utilization of Probation crews will result in the need to hire two fewer positions than was originally estimated, and will save the City an estimated $51,000. PROPOSED CREW CONFIGURATION The addition of 6 positions will result in the creation of one 5-person work crew and a supervisor. The crew would be deployed primarily to complete the non-street maintenance/repair portion of the workload that has increased over time and now requires the attention ora full time crew. It is estimated that members of this crew would on occasion be available to staff a second 5-person crew to perform street maintenance/repair tasks. Therefore, two 5-person crews would work performing street maintenance/repair for a portion of the allocated time throughout the year. This 5-person crew and a supervisor, would be staffed accordingly: · 1 Public Works Supervisor · 1 Equipment Operator · 2 Senior Maintenance Worker · 2 Maintenance Worker I 39 City of Chula Vista Street Maintenance Staffing Study The yearly salary and benefit costs for these additional 6 positions are estimated to be $274,135. The cost by position title is summarized on the following table on the following page: Table 5: Summary of Position Costs Estimated Number Salary & Estimated Total of Benefits Per Salary & Benefit Position Title Positions Position Cost Public Works Supervisor 1 $62,309 $62,309 Equipment Operator 1 $58,679 $58,679 Senior Maintenance Worker 2 $49,257 $98,514 Maintenance Worker I 2 $37,318 $74,636 TOTAL 6 $294,138 NECESSARY EQUIPMENT & SUPPLIES The addition of 6 positions will require the purchase of additional equipment and related supplies. The purchase of this equipment will ensure that the work crews are properly outfitted to perform their assigned tasks. More importantly, the purchase of this equipment will enable the deployment of the work crews at the intervals discussed in the previous section of this report. Adding the staff without adding the corresponding equipment will not yield the intended outcomes if it results in the usage of the existing equipment to be spread across the new staff. Therefore, the purchase of an equipment configuration necessary for a 5-person street maintenance crew is recommended. (Note: the staff reductions that occurred in FY 1995-96 and resulted in the transfer of staff to the Sewer Division also resulted in the transfer of a portion of the corresponding 40 Ci~ of Chula Vista Street Maintenance Staffing Study equipmena The remainder of the equipment was sold. Therefore the recommendation for the acquisition of equipment for the additional crews should be viewed within the context of restoring equipment that was previously owned, rather than as enhancement of new equipmena) A summary of the cost for the pieces of equipment contained in this configuration is shown in the following table: Table 6: Summary of Equipment Costs Number Estimated Cost Type of Equipment Needed Per Piece Total 10 Yard Dump Truck 1 $92,354 $92,354 5 Yard Dump Truck 2 $64,762 $129,524 Patch Truck 1 $115,000 $115,000 Steel Asphalt Roller & Trailer 1 $36,700 $41,300 *Asphalt Crack Sealing Machine 1 $20,000 $20,000 Pick-Up Truck 1 $18,500 $18,500 Mobile Radios 5 $400 $2,000 TOTAL: $418,678 The total cost to purchase this equipment is estimated to be $418,678. Specifically, the uses for this equipment are outlined as follows: · Dump Trucks 5/10 Yard - The 1 O-yard dump truck is required to support larger scale jobs. Its extra hauling capacity increases efficiency by reducing the number of trips necessary to haul large amounts of materials. The 5-yard dump trucks are required to support smaller scale jobs where it is not feasible to maneuver the larger 1 O-yard truck. These trucks will serve dual purposes by providing support to both non-street maintenance and street maintenance tasks. · Patch Truck, Steel Asphalt Roller & Trailer- This equipment will primarily be used to perform pothole-patching jobs. · Pick-Up - The pick-up truck is required by the additional Public Works Supervisor position. 41 City of Chula Vista Street Maintenance Staffing Study · Mobile Radios - Each vehicle is equipped with a mobile radio. · *Asphalt Crack-Sealing Machine - This piece of equipment would be used to seal the increasing number of cracks in the City's roadways that have resulted from the lack of preventative maintenance. If left untreated, these asphalt cracks t allow water to seep under the street surface causing extensive damage that quickly accelerates over time and results in the need to perform more expensive street construction. Although crack sealing is not intended to be a substitute for other street maintenance treatments, it would help extend the life of the pavement and provide an economical alternative to asphalt overlays or sealing the entire pavement. Over time, the preventative maintenance provided by undertaking crack sealing may help stem the increase of roadways needing more expensive reconstruction. The inclusion of this piece of equipment will allow the addition of a preventative maintenance component to the Street Maintenance Section. (Note: This piece of equipment is currently not part of the standard equipment configuration designated to a 5-person crew. However its inclusion is being recommended for the reasons described in the previous paragraph.) Total Cost Summary The estimated total cost that will be required to implement this recommendation is $787,816. The equipment portion of this cost ($418,678) is a one-time cost that will be incurred in the initial year (Note: the addition of equipment would result in $47,300 of annual equipment replacement costs). Salary costs ($294,138) would be continuous and would be expected to increase over time through regular salary step increases and with the adoption of new labor agreements. Services and supply costs will increase by $75,000. This amount would include an additional $25,000 necessary to purchase the Probation crew services. The remainder of the services and supplies increase ($50,000) would be used to fund additional costs related to the addition of staff and equipment. Of this amount, $10,000 will pay for the following items related to the staff increase and would include: traffic control supplies, small tools, wearing apparel, laundry services, phone services and other commodities. The 42 City of Chula Vista Street Maintenance Staffing Study balance of the increase ($40,000) will pay the supply costs associated with crack sealing equipment ($25,000) and building materials such as asphalt ($15,000). A portion of these costs will be offset by $165,000 of Sewer Fund revenue. This revenue will result from the projected increase in the sewer related street maintenance tasks that will be completed with the addition of staff and will be eligible for reimbursement. A summary of these costs are depicted in the following graph: GRAPH: 7 STREET MAINTENANCE OPERATIONS ADDITONAL STAFFING AND EQUIPMENT COSTS SUPPLIES 9.5% EQUIPMENT SALARIES 53.1% 37.3% TOTAL COST $787,816 CONCLUSION This report has examined various operating components of the City's Street Maintenance Section with the purpose of establishing a staffing level that will enable the City to meet its growing needs for street maintenance services. Based on the findings developed in this report, it is recommended that the Street Maintenance Section's staffing level increase by six additional staff. The annual cost for staff and equipment to implement this 43 City of Chula Vista Street Maintenance Staffing Study recommendation is estimated to be $787,816. This recommendation is supported by the following key findings: · The Street Maintenance Section is devoting less than half (48.2% in 1999) of the available work hours to street maintenance/repair tasks. The need to perform non-street maintenance related tasks has hindered the ability to deploy the necessary 5-person crews required to perform street maintenance repair work on a consistent basis. · Street maintenance crews are often not staffed at full-strength. Tasks requiring a 2-person crew to perform such work pothole repair and sidewalk replacement accounted for 41.4% of the labor hours devoted to street maintenance tasks from 1997-99. Principal street maintenance tasks such as street reconstruction accounted for 20.7% of the completed street maintenance/repair work. · Street Maintenance Section staffing has not kept pace with the other growth measures including the City's population and the number of road miles that have been added to the City's inventory. In fact, budget reductions in FY 1995-96 resulted in the loss of 3 positions and the transfer of the concrete crew to the Sewer Division. · The current staffing level enables the Street Maintenance Section to deploy a 5- person crew to perform street maintenance only 57.8% of the time when 51.8% of the available staff time is consumed by performing non-street maintenance tasks and leave time. · The undertaking of non-street maintenance tasks has caused the Street Maintenance Section to accumulate a backlog in the areas of curb-line repairs, street reconstruction and sewer lateral cut resurfacing jobs. The staff time required to update this backlog is estimated at 8,829 hours or 272 working days. The addition of staff will address the non-street maintenance related workload and will enable the Street Maintenance Section to deploy a 5-person crew and a 2-person crew to perform street maintenance/repair tasks on a continual basis. A second 5-person street maintenance crew would be available an estimated 63% to 84% of the time depending on how many staff are required to perform non-street maintenance work on a given day. 44 City of Chula Vista Street Maintenance Staffing Study The recommendation to increase staffing was developed with the data gathered at the time this report was written. Street Maintenance Section staffing may have to be reviewed again as the City's population increases and as new development adds more street miles to the City's inventory. 45 CITY OF CHULA VISTA STREET STRIPING AND SIGNING STAFFING STUDY Submitted by: Robert Beamon Public Works Operations Table of Contents I. Purpose .............................................................................................................................. 2 II. Street Striping & Signing Section Overview ..................................................................... 2 III. Work Load ......................................................................................................................... 3 A. Routine Tasks .............................................................................................................. 3 B. Non-Routine Tasks ....................................................................................................... 5 IV. Increase in workload .......................................................................................................... 6 V. Staffing requirement .......................................................................................................... 8 VI. Equipment requirement ................................................................................................... 10 A. Thermoplastic Applicator .......................................................................................... l0 VII. Revenue offset ................................................................................................................. 12 VIII. Summary .......................................................................................................................... 13 IX. Appendixes ...................................................................................................................... 14 Street Striping and Signing Staffing Study Page 2 L Purpose. The primary objective of this report is to assess the Street Striping and Signing Section's current and future staffing needs. As detailed in the report, the staffing needs are a result of three major work components: 1) an inventory of traffic signs and street markings which need to be maintained; 2) desired service intervals for maintaining the City's inventory; and 3) work standards associated with each maintenance task. The basic inventory and corresponding service levels together determine the section's annual workload. There is also the need for additional equipment due to growth. IL Street Striping & Signing Section Overview. The Street Striping & Signing Section installs and maintains traffic markings and signage throughout the City to promote: 1) safe traffic flow, 2) ensure that City residents and visitors have safe, clear, and continued access throughout the City, 3) reduce the liability of the City, and 4) allow enforcement of the traffic laws by the Police Department. The major work tasks include: a. installing, manufacturing, and maintaining traffic and street name signs; b. striping and installing raised and temporary pavement markers for lane demarcation; c. painting pavement legends, curbs, crosswalks, and parking spaces; and d. layout, spot and place temporary pavement markers in preparation for striping new or resurfaced streets. In FY99/00, a Senior Maintenance Worker and a new sign trock were approved to help improve the section's efficiency. As a result, the Street Striping & Signing Section presently consists of the following crews: · Two 2-person legend crews (consisting of two (2) Senior Maintenance Workers and two (2) Maintenance Worker I/II's); and · One 2-person sign crew (consisting of a Paint Striping Operator and a Maintenance Worker I/II). The Senior Public Works Supervisor is responsible for assigning and supervising all the section's work, developing maintenance service intervals, and coordinating with Traffic Engineering staffon new work. The legend crews are primarily responsible for painting all legends, crosswalks, and curbs. The section's sign and legend crews work together to do st~et striping or installing/removing pavement markers. Graffiti Removal. The Senior Public Works Supervisor is also responsible for assigning and supervising the Graffiti Removal Section's work. This section consists of the following crew: Street Striping and Signing Staffing Study Page 3 · One 2-person graffiti crew (consisting of a Senior Maintenance Worker and a Maintenance Worker I/II). However, for the purpose of this study, the Graffiti Removal Section's work and staff has been excluded from this analysis to prevent a conflict with the citywide graffiti report that is being prepared by the Police Department. IH. Work Load. The work performed by the Street Striping & Signing Section can be broken down into two categories: routine tasks such as repainting crosswalks, which are undertaken to maintain the City's current inventory, and non-routine tasks, such as sign maintenance or emergency repairs, which are performed on an as-needed basis. This report measures the workload for both categories for the current fiscal year and FY2001/02. Provided in Tables 1 and 2 are the projected annual workload for routine and non-routine maintenance tasks, respectively. A. Routine Tasks. In order to measure the workload for routine tasks, average maintenance intervals were established based on the inventories that existed at the start of FY 2000/01 for all signs and traffic markings requiring routine maintenance. These maintenance intervals establish the average frequency that traffic markings and traffic control signs should be repainted or replaced for safety and/or aesthetic considerations. Failure to maintain street markings and traffic control signs frequently enough can reduce safety, increase City liability and reduce the effectiveness of parking and traffic controls throughout the City. The average maintenance intervals for routine tasks are presented in Table 1 below. Street Striping and Signing Staffing Study Page 4 Table 1 - Projected Annual Work Load For Routine Maintenance Tasks FY 2000/01 & FY 2001/02 No. of Items at FY2000/01 FY2001/02 start of Average Maintenance Frequency Projected Projected ITEM FY 2000/01°) Needed to Meet Quality Standards Workload Workload(2)(3) Stxiping® 636 line miles 24 months: 636 line miles 318 In miles 325 In miles Lagends°> t0,920 lagd 24 months: 10,920 legends 5,460 legd 5,510 legd Curbs(~> 188,000 In fl 24 months: 188,000 linear feet 94~000 In fl 95,400 In fl School 9,870 In fl 12 months: 9,870 linear feet 9,870 In fi 10,670 In ft Crosswalks~7) Pedestrian 65,130 In fi 24 months: 65,130 linear feet 32,565 In fi 33,765 In fi Crosswalks® Thermoplastic 6,000 In fl 36 months: 6,000 linear feet 2,000 In fi 3,333 In fi Crosswalks® Parking 6,500 stalls 12 months: 6,500 stalls 6,500 stalls 6,500 stalls Stalts°°) Traffic Signsm> 36,866 signs Average sign life: 8.5 years 4,337 signs 4,502 signs o~ Based on Operations/Engineering estimates from a workshop conducted in 1/96 (see memo dated 10/29/99). (2> See Attachment B for estimate of striping and signs for FY01/02. (3) Increases include the non-routine tasks anticipated for FY00/01 (see Table 2). {4) Paint lane or centerline stripes for lane demarcation. o) Paint street legends such as stop bars, let~ turn arrows or "slow school crossing". (*) Paint curb to denote parkin8 restrictions. ('3 Paint yellow school crosswalks. (~) Paint white pedestrian crosswalks. rg) Install thermoplastic crosswalks. (10) Paint parking stalls in City-owned parking lots as well as on City streets (includes parking T's). (u) Replace traffic control signs (stop signs, no parking signs, & speed limit signs) as needed due to structural damagn, loss of reflectivity or defacement; Includes 15,026 street name signs. The maintenance intervals used in Table l above take into account the fact that all street markings do not require repainting each year. Crosswalks. As indicated in Table 1, the crosswalks have been separated into three different categories. The Striping & Signing Section, prior to inputting information into the work management system, did not separate the hours and units of production for each type of crosswalk. However, staff believes it is appropriate to separate this task in order to provide an accurate assessment of this section's workload. Crosswalks have been separated into three categories based on the following: · The section paints all (100%) of the yellow school crosswalks between July and September of each year; Street Striping and Signing Staffing Study Page 5 · The section is presently repainting 37% of all white pedestrian crosswalks each year; and Thermoplastic crosswalks are presently installed by hand (not painted) and are more labor intensive. They have a longer life than regularly painted crosswalks but must be maintained every 3 years to maintain reflectivity (using preformed/precut thermoplastic). The section has not installed any thermoplastic crosswalks since FY 96/97. Therefore, the ratio of hours to units of production has been excluded from FY 96/97 data to calculate the work standard for this task. It is estimated that 5,000 linear feet of thermoplastic crosswalks were installed in FY96/97. B. Non-Routine Tasks. In addition to the routine maintenance tasks that are performed on current inventories, the Street Striping & Signing Section performs other tasks that do not lend themselves to being inventoried. Some non-routine work, such as installing traffic markings and signs, is generally initiated by the Traffic Engineering Section of Public Works, in response to new development or changes in existing areas of the City. The Safety Commission or City Council approves these requests. Failure to accomplish non-routine street markings and traffic control signs can reduce safety and also increase City liability. Table 2 below describes those tasks that are non-routine in nature and estimates the current fiscal year and FY 2001/02 workload for each. Street Striping and Signing Staffing Study Page 6 Table 2 - Projected Work Load For Non-Routine Maintenance Tasks FY 2000/01 & FY 2001/02 FY2000/01 FY2001/02 ITEM TASK DESCRIPTION Projected Projected Workload(1) Workload(t) Striping Striping on new or previously unstriped streets. 14 In miles 20 In miles Legends Paint new street legends in existing City areas: 100 legd 125 legd and in new developments. Red Curb Paint new red curb areas for parldng control as 800 In fl 1,200 in ft needed. School Crosswalks Paint new yellow school crosswalks. 800 in ft 1,200 In fl Pedestrian Crosswalks Paint new white pedestrian crosswalks. 4,000 In ft 2,400 in ft Thermoplastic (TP) Install new pedestrian (TP) crosswalks. 4,000 In fl 2,900 hi fl Crosswalks Install new traffic control and street name signs Sign Installation in developing areas or exist'mg City areas as1,200 signs 1,400 ~gns directed by Traffic Engineering. Manufacture Signs Manufacture signs as necessmy. 200 signs 300 signs Raised Install raised, reflective markers on selected 1,500 each 2,000 each Pavement Markers streets to improve safety. Temporary Install tempormy markers as a guide for 1,000 mlcr 1,500rakr Pavement Markers subsequent restriping. o) Estimates provided by Senior Public Works Supervisor & the Traffic Engineering Section. Taken together, Table 1 (routine work) and Table 2 (non-routine work) provide a projection of the Street Striping & Signing Section's workload for the current fiscal year and future workload for FY 2001/02. This projection represents an accurate estimate of the section's annual workload at current inventory levels and target service intervals. IV. Increase in workload. The workload projections for non-routine tasks include estimates for new work to be performed in existing areas of the City and new work to be performed in new developments. The increase in workload is primarily due to the increase in growth. While the City has not experienced significant problems to date, the slippage in service levels has been growing over the past three fiscal years. As a result, FY 2001/02 may be the first year that some City markings show an appreciable decline in quality. Table 3 below provides a comparison of desired maintenance frequency to actual maintenance if additional resources are not allocated. Street Striping and Signing Staffing Study Page 7 Table 3 - Comparison of Desired to Actual Maintenance Routine Task Desired Maintenance Frequency (Avcra~e) Actual Maintenance Frequencym Striping 24 months: 100% of line miles 24 months: 87% Legends 24months: 100% of sh'eet markings 24months: same as dcsired Curbs 24 months: 100% of painted curb 24 months: 52% School 12 months: 100% of school crosswalks 12 months: same as desired Crosswalks Pedestrian 24 months: 100% of pedestrian crosswalks 24 months: 37% Crosswalks Thermoplastic 36 months: 100% of TP crosswalks 36 months: 83% Crosswalks Parking Stalls 12 months: 100% of parking stalls 12 months: 67% Replacing Signs 4,337 signs per year 12 months: 24%(2) o) Based on average between FY 96/97, FY97/98 & FY98/99. (2) Maintaining signs only (excludes installing & manufacturing)~ Table 3 above can be summarized as follows: · The desired frequency for painting legends and yellow school crosswalks are the onlF tasks being meet by the section; · The desired frequency for street striping is not being met; 87% of striping is being accomplished each year or over a two year period; · The desired frequencies for repainting curbs and parking stalls are not being met; · The desired frequency for repainting pedestrian crosswalks is not being met; only 37% of pedestrian crosswalks are being completed each year or over a two year period; · The desired frequency for installing thermoplastic crosswalks is not being met; and · The desired frequency for replacing traffic and street name signs is not being met. Only 24% of required signs are being maintained each year. Replacing Signs. The average life expectancy of a traffic or street name sign is 8 ½ years. The reflective sheeting applied to traffic signs is guaranteed to retain 80% of its original reflectivity for seven years. An annual inspection of all signs and striping should be performed to determine when and where maintenance is required. However, due to the increased volume and necessity of traffic and street name signs due to growth, only 24% of the existing signs are presently being maintained Citywide. Failure to maintain traffic control signs frequently enough can reduce safety due to the motoring public being misguided by faded signs or as a result of reduced reflectivity resulting in signs being missed or seen too late. Street Striping and Signing Staffing Study Page 8 Striping, Legends, Curbs and Crosswalks. The section's inability to maintain street markings (except for the school crosswalks) is primarily due to a shortage of staff, an increase in street miles due to growth, and not having the best equipment for the installation of crosswalks. However, not completing these tasks frequently enough can reduce safety, increase City liability and reduce the effectiveness of parking and traffic controls throughout the City. V. Staffing requirement. Table 4 provides the estimated number of labor hours required for the Street StriPing & Signing Section to adequately meet its responsibilities in on-going maintenance and other tasks for the current fiscal year and FY 2001/02. These staffing requirements am based on the workload data previously presented in Tables 1 and 2 of this report. Table 4 - Estimated Labor Hours Needed For FY 2000/01 & FY2001/02 Work FY2000/01 FY2000/01 FY2001~02 FY2001/02 Standardm Workload(2) Labor Hours Workload(z) Labor Hours TASK (units/hr) (units) Needed(3) (units) Needed°> Restriping Streets 0.25 318.00 1,272.00 325.00 1,300.00 Striping New Streets 0.25 14.00 56.00 20.00 80.00 Repainting Legends 1.93 5,460.00 2,829.02 5,510.00 2,854.92 Painting New Legends 1.93 100.00 51.81 125.00 64.77 Repainfing Curbs 81.80 94,000.00 1,149.14 95,400.00 1,166.26 Painting New Curbs 81.80 800.00 9.78 1,200.00 14.67 Repaint School Crosswalks 51.42 9,870.00 191.95 10,670.00 207.51 PaintNew Sch. Crosswalks 51.42 800.00 15.56 1,200.00 23.34 Repaint Ped. Crosswalks 51.42 32,565.00 633.31 33,765.00 656.65 Paint New Ped. Crosswalks 51.42 4,000.00 77.79 2,400.00 46.67 Install TP Crosswalks 29.01 2,000.00 68.94 3,333.33 114.90 Install New TP Crosswalks 29.01 4,000.00 137.88 2,900.00 99.97 Repainfing Parking Stalls 15.04 6,500.00 432.18 6,500.00 432.18 Maintaining Signs 0.81 4,337.18 5,354.54 4,501.88 5,557.88 Installing New Signs 0.81 1,200.00 1,481.48 1,400.00 1,728.40 Manufacturing Sig~ns 0.93 200.00 215.05 300.00 322.58 Install Raised Pvnmt Mrkrs 26.79 1,500.00 55.99 2,000.00 74.65 Install Temp Pvrant Mrkrs 22.92 1,000.00 43.63 1,500.00 65.45 TOTAL HRS 14,076.07 TOTAL HRS 14,810.79 (~) Based on FY 96/97, FY 97/98, & FY 98/99 work standards (average). For example, the section can restfipe .25 lane miles of street per hour. Therefore, in order to restripe 318 lane miles, it will take the section 1,272 hours. (2) Based on data provided in Table 1 (routine tasks) & Table 2 (non-routine tasks). o) Labor hours needed equal workload divided by work standard for each task (see Attachment C). Street Striping and Signing Staffing Study Page 9 Using the information developed in the previous sections of this report now enables the mmsition to calculating a more definitive measurement of the l lkeliness of the availability or more simply put "the odds or probability" the Street Striping & Signing Section will be able to deploy a crew of the sufficient size to undertake street striping and signing maintenance tasks on a given day. Estimating a probability that a fixed staffing level will be available to perform certain tasks given a certain operating environment is the first step in developing a permanent staffing level that will enable the Street Striping & Signing Section to complete its primary duties. The key findings discussed leading up to this point that describe the current operating environment of the Street Striping & Signing Section and provide the components of the probability or staffing formula (referred too in the Street Maintenance Study) that will be applied for the purposes of establishing an adequate staffing level are as follows: The current staffing level for Street Striping & Signing is comprised of three 2-person crews for a total of six field staff that are available to perform street striping and sign maintenance tasks. · The street striping and sign maintenance tasks require the deployment of a 2-person crew at any given time these tasks are undertaken. · Leave time accounted for 14.05% of the available working hours (average) during FY96/97, FY97/98 and FY98/99. Therefore, the striping and sign crews are available 85.95% of the time. · The probability of having all crews fully staffed is 40.46%. Therefore, based on the formula developed in the Street Maintenance Study, the assessment of the current and future workload resulted in the need to have a staffing level that yielded 7 FTEs. Therefore, increasing the staffing level to 10 positions would yield a 7 FTE staffing level 96% of the time. However, staff recommends increasing the staffing level to 9.0 positions, which would yield a 7 FTE staffing level 88% of the time. By reducing the staffing level to 9.0 positions, staff will be given the opportunity to observe the section, workload and crews, and then determine (within two years) if this additional staff position is necessary. Furthermore, staff is requesting additional equipment that should reduce the staffing requirement. The section currently has six staff members; therefore, the Street Striping and Signing Section is presently understaffed by 9.0 - 6.00 = 3.0 staff positions. Therefore, two of these positions will make up a new legend crew. The third position will rove between the Street Striping and Signing crews filling in where needed. When all crews are fully staffed, this position will be assigned to the sign crew. Street Striping and Signing Staffing Study Page 10 Therefore, staff recommends filling the staffing deficiency with a Senior Maintenance Worker and two Maintenance Worker Vii positions. Estimated cost is $29,948~ for the remainder of the cmrent fiscal year and $123,8922 annually, thereafter. Purchasing of safety supplies for the new employees will cost an estimated $1,55t3 annually. VI. Equipment requirement. As indicated above, the Street Striping and Signing Section needs three additional positions to reach its desired maintenance frequencies as well as accomplish the anticipated new work for FY2001/02. With the addition of these positions, the result being an additional legend crew, a new stencil truck will be required. Therefore, staff recommends purchasing a stencil truck for the new crew. The estimated cost is $65,000. Staff recommends placing this vehicle in the equipment replacement fund. Furthermore, because of the continued growth of the City, staff recommends purchasing a compact truck with a sprayer attachment for graffiti removal. This truck is primarily needed to enter limited space drainage facilities. Estimated cost is $25,000. Staff recommends placing this vehicle in the equipment replacement fund. A. Thermoplastic Applicator. The Street Striping and Signing Section is presently painting 93 percent of all crosswalks citywide by hand. The remaining seven percent of crosswalks are being installed with preformed and precut thermoplastic, which provides a longer life than regularly painted crosswalks. However, the preformed/precut thermoplastic is installed by hand and is very time consuming. It is estimated that twice as much liquid thermoplastic could be installed by using a thermoplastic applicator as opposed to laying preformed/precut thermoplastic by hand. Furthermore, the material for the thermoplastic applicator will cost approximately one half the present cost of repainting crosswalks (over a four- year period) per foot of installation. If the thermoplastic applicator is approved, the section plans to replace all painted crosswalks with liquid thermoplastic, which will require maintenance every four years as opposed to: · once per year for yellow school crosswalks; · once every two years for white pedesthan crosswalks; and · once every three years for thermoplastic crosswalks installed by hand. Includes benefits + 5% salary increase in Jan 2001. Includes benefits. Includes safety jackets, safety boots (3 pair), safety supplies, and laundry & cleaning services. Street Striping and Signing Staffing Study Page 11 The life expectancy of this type of thermoplastic may be longer depending on road conditions, traffic volume, annual rainfall, etc. To determine if purchasing a thermoplastic applicator will save any labor hours, an analysis was done to determine the number of labor hours required to complete the maintenance of all crosswalks using a thermoplastic applicator compared to repainting crosswalks and installing performed/precut thermoplastic by hand. Table 5 below provides a summary of the labor hours required to maintain all crosswalks citywide for FY2000/01 by task. Table 5 - Summary Comparison of Labor Hours Required for Crosswalks Work Standard Workload Labor Hours TASK (traits per hr) (Linear Feet) Needed Paint All Crosswalks 51.42 81,000 1,575.26 Install All Crosswalks(l) 58.02 81,000 1,396.07 Install All Crosswalks~2) 29.01 81,000 2,792.14 (~) Installed with thermoplastic applicator. (2) Installed with preformed/precut thermoplastic by hand. Advantage: Thermoplastic applicator represents a savings of 179.19 hours (annually) when compared to painting crosswalks. As indicated in Table 5, installing crosswalks by using the thermoplastic applicator will save a total of t 79.19 labor hours each year when compared to repainting crosswalks. Therefore, the staff hours saved is equivalent to. 11 staff. Note the following: 179.19 (total hours saved) .......................................... .11 staff 1,6734 hfs (net labor hours per yr) Table 6 provides a summary of the cost of materials needed to maintain all crosswalks citywide for FY2000/01 by task: Average working hours per year for City employees (based on paid time-offfactor) = 1,715 - 42 (training) Street Striping and Signing Staffing Study Page 12 Table 6 - Summary Comparison of Cost of Materials for Crosswalks TASK Price Per Crosswalks Total Cost Total Cost Over Linear Foot Linear Feet (Year 1) 4-year Period Paint All Crosswalksm .20 81,000 $16,200 $64,800 lustall All Crosswalks(2) .39 81,000 $31,590 $31,590 Install All Crosswalks°) 2.37 81,000 $191,970 $383,940 o) Has a one*yearlife. (2) Installed with thermoplastic applicator (4-year life). (3) Installed with preformed/precut thermoplastic by hand (3-year life). Advantage: Thermoplastic applicator represents a savings of over half the cost ($33,210) over a 4- year period when compared to painting crosswalks. The estimated cost of the equipment is $50,000. The purchase price includes a 10,000 lb tandem axle trailer, two kettles for pre-heaters, two tanks, and a line applicator. The two-kettles provide the capability to use two colors (white and yellow) for installing alt school and pedestrian crosswalks. The total stafftime and material cost saved is equivalent to $12,8595per year. Thus, the payback period is approximately four years. Equipment life is projected to be 10 years. Staffrecommends placing this equipment in the equipment replacement fund. Replacing the existing paint applicator for the Street Striping and Signing Section will cost an estimated $19,797. Therefore, it is recommended that DIF be used to fund $19,797 of the cost to purchase the thermoplastic applicator. The remaining cost of $30,203 will be funded with Gas Tax, since purchasing a thermoplastic applicator will be more efficient than purchasing a replacement paint applicator. VIL Revenue offset. It is estimated that because of continued growth, revenue for street marking fees (including striping, legends, pavement markers, and curbs), parking stall fees, and fees for signs and sign installation, will continue to increase. Although the City no longer provides poles to developers, the Street Striping & Signing Section is still completing sign installation. The developers are then charged in accordance with the Master Fee Schedule that includes an overhead factor. It is estimated that approximately $50,000 ($17,500 by the new crew) in revenue will be collected annually from developers for street marking fees, signs and sign installation. 5 Based on .11 FTE Maintenance Worker I w/benefits ~ E Step (includes 5% salary increase) + $33,210/4 years. Street Striping and Signing Staffing Study Page 13 vm. Summary. Based on this report, the Street Striping & Signing Section is requesting a Senior Maintenance Worker and two Maintenance Worker FII positions. The addition of these positions will provide more flexibility in scheduling work and allow the section to reach its desired maintenance frequencies as well as accomplish the anticipated new work for FY01/02. In addition, staff recommends purchasing a stencil truck for the new legend crew and a thermoplastic applicator. Appendixes Appendix A - Memo dated 10/29/99 to Dave Byers Appendix B - Projected Annual Work Load (Routine Tasks) for FY 01/02 Appendix C - Labor Hours Needed for FY00/01 & FY01/02 Appendix D - Backup Data STREET STRIPING AND SIGNING STAFFING STUDY APPENDIXES MEMORANDUM 10-29-99 TO: Dave..Byers Deputy Director of PW/Ops FROM: Ted Larson Sr. PW Supervisor SUBJECT: Estimates of existing striping and signs in town Street striping .............. 636.0 lane miles Pavement legends ......... 10,920 each Traffic signs (regulatory, warning, guide)....21,840 each Street name signs ........... 15,026 each Painled curbs ................ 188,000 In.fi. Painled crosswalks .......... 81,000 ln. fl. Parkh~g stalls ................... 6,500 each Raised Pavement markers ..... 495 lane miles This infonnation'compiled fxo~n PW/Ops and. PW/Eng. figures from a. workshop done in January 1996. Increases in each cat~gory are estimated from work eompleted and in the last 4 years and growth that the City has experienced. These figures are estimates only. Cc: Ralph Leyva PW/Eng Traffic Ops STATS.DOC Appendix B Projected Annual Work Load For Routine Maintenance Tasks FY 2000/01 No. of Items Average Maintenance Frequency FY2000/01 at start of Needed to Meet Quality Standards Projected ITEM FY 2000/01 o) Workload Striping 650 miles ~ 24 months: 650 miles 100% 325 miles Legends ll,0201egd 24months: ll,0201egd 100% 5,5101egd Curbs 190,800 In fi 24 months: 190,800 In fi 100% 95,400 In fi School 10,670 In fi 12 months: 10,670 In fi 100% 10,670 In fi Crosswalks(6) Pedestrian 69,130 In fi 24 months: 69,130 In fi 100% 34,565 In fl Crosswalks(~) Thermo Plastic 10,000 In fi 36 months: 10,000 In fi 100% 3,333 In fi Crosswalks(8) Parking Stalls 6,500 stalls 12 months: 6,500 stalls 100% 6,500 stalls Traffic Signs 38,266 signs Average sign life: 8.5 years 4,502 signs o) Estimates provided by Senior Public Works Supervisor & the Traffic Engineering Section. Appendix C Estimated Labor Hours Needed for FY 2000101 & FY 2001102 FY 2000/01 FY 2001/02 Work Standard Work Load Labor Hours Work Load Labor Hours ~'ASK /Units Per Hour/ IUnitsl Needed II/ /Units/ Needed ~estriping Streets 0.25 318.00 1,272.00 325.00 1,300.0(: ~tdping New Streets 0.25 14.00 56.00 20.00 80.0(: Repainting Legends 1.93 5,460.00 2,829.02 5,510.00 2,854.9~, =ainting New Legends 1.93 100.00 51.81 125.00 64.77 ~epainting Curbs 81.80 94,000.00 1,149.14 95,400.00 1,166.2~ ~ainting New Curbs 81.80 800.00 9.78 1,200.00 14.67 :~epainting School Crosswalks 51.42 9,870.00 191.95 10,670.00 207.51 Painting New School Crosswalks 51.42 800.00 15.56 1,200.00 23.34 Repainting Pedestrian Crosswalks 51.42 32,565.00 633.31 33,765.00 656.65 Painting New Pedestrian Crosswalks 51.42 4,000.00 77.79 2,400.00 46.67 Install Then'no Plastic Crosswalks 29.01 2,000.0¢ 68.94 3,333.33 114.9(3 Install New Thermo Plastic Crosswalks 29.01 4,000.0(3 137.88 2,900.00 99.97 Repainting Parking Stalls 15.04 6,500.0C 432.18 6,500.00 432.18 Maintain Traffic Signs 0.81 4,337.18 5,354.54 4,501.88 5,557.88 Install Traffic Signs 0.81 1,200.0C 1,481.48 1,400.00 1,728.40 Manufacturing Signs 0.93 200.0(3 215.05 300.00, 322.58 Installing Raised Pvmt Markers 26.79 1,500.0(; 55.99 2,000.00 74.6~ Installing Temp Pvmt Markers 22.92 1,000.0C 43.63 1,500.0(: 65.45 TOTAL 14,076.07 TOTAL 14,810.79 (1) Workload divided by work standard. CITY OF CHULA VISTA URBAN FORESTRY MAINTENANCE STAFFING STUDY Submitted by: Robert Beamon Public Works Operations Table of Contents' I. Purpose ................................................................................................................................. 2 IL Urban Forestry Maintenance Section Overview ................................................................... 2 III. Work Load ............................................................................................................................ 2 A. Tree Trimming Tasks ..................................................................................................... 3 B. Non-Trimming Tasks ...................................................................................................... 4 IV. Increase in workload ............................................................................................................. 5 V. Position approved for FY 00/01 ........................................................................................... 7 A. Revenue offset ................................................................................................................ 7 VI. Staffing requirement ............................................................................................................. 7 VII. Contracting ........................................................................................................................... 9 VIII. Why Not Contract Out All Trimnfing? ............................................................................... 11 IX. Summary ............................................................................................................................. 11 X. Appendixes ......................................................................................................................... 12 Urban Forestry Maintenance Staffing Study Page 2 I. Purpose. The primary objective of this report is to assess the Urban Forestry Maintenance Section's current and future staffing needs. This section of the report consists of throe major components: 1) an inventory of trees which need to be maintained; 2) desired service cycles for trimming the City's trees; and 3) work standards associated with certain types of trees. II. U'rban Forestry Maintenance Section Overview. Thc Urban Forestry Maintenance Section is responsible for maintaining trees throughout the City, including street trees, Park trees, and trees located on City property. The section is responsible for maintaining City street trees in order to: a. Ensure ongoing traffic safety along City streets; b. Enhance the appearance and image of thc City; c. hnprove the air quality and the environment for City residents; and d. Reduce the City's liability by clearing right-of-way obstructions or trip hazards. Since FY 95/96, the section lost a Senior Tree Trimmer and a Tree Trimmer or 28.57 percent of authorized staff due to budget constraints. In FY99/00, thc section consisted of a City Arborist, two (2) Senior Tree Trimmers, and two (2) Tree Trimmers. However, for this fiscal year, a Supervising Tree Trimmer position was approved to assist with the increased development related demands on the City Arborist. The Urban Forestry Maintenance Section currently employs two work crews, each consisting of a Senior Trimmer and a Tree Trimmer. Thc tree crews are primarily responsible for maintaining fan, date, and coco palms located on all City property. These crews arc also responsible for holiday trims and additional tree trimming initiated by residential complaints. When necessary, the crews also complete block trims, where all the trees on a certain block are trimmed. The City Arborist is responsible for assigning and supervising all thc section's work and developing tree service cycles. III. Work Load. The work perforated by the Urban Forestry Maintenance Section can be broken down into two categories: tree trimming tasks such as pruning trees, which am undertaken to maintain thc City's current inventory, and non-trimming tasks, such as stump removals, which are performed on an as needed basis. This report measures the workload l'or both categories fi.~r the current fiscal year and FY2001/02. Provided in Tables I and 2 are the projected annual workload for trimming and non- trimming maintenance tasks, respectively. Urban Forestry Maintenance Staffing Study Page 3 A. Tree Trimming Tasks. In order to measure the workload for the trimming of trees, average maintenance cycles were established based on the number of trees that existed at the start of FY 2000/01. These maintenance cycles establish the average frequency that certain types of trees should be trimmed. Most street trees should be pruned every three to five years depending on the wood strength in relation to the thickness of their shrubbery. Failure to keep street trees trimmed frequently enough can reduce safety by interfering with the line of sight of tnotorists, obstructing traffic signals or causing hazards along sidewalks, thereby increasing City liability. The average maintenance cycles for trimming trees are presented in Table I below. Table I - Projected Annual Work Load For Maintenance Cycles For FY 2000/01 & FY2001/02 No. of Trees desired to be FY2000/01 FY2001/02 maintained I'or Average Maintenance Cycle Projected Prt}iected ITEM FY 00/01' ~ Needed to Meet Quality Standards Workload Workload Fan Palms':' 250 Once each year 250 trees 250 trees Coco Pahns© 160 Once each year 160 trees 160 trees Date Pahns'~ 50 Once each year 50 trees 50 trees Yotlllg, Trees' ~ 4,500 Once every 3 years 1,500 trees 1,500 trees Clearance Trims~4~ 500 Per year 500 trees 5(10 trees Complaint Trims'4~ 700 Per year 700 trees 700 trees Block Trims® 670 Per year 670 trees 670 trees Trim Christmas 147 Oncc each year 147 trees 147 trees Tree Circle Trees trimmed by 25,733 Once every 4.5'?~ years ~ trees 5,718 trees ~ Eslimates providcd by City Arborist; 32.500 Irccs es6matcd Cilywide. ~-" Trees located on City property and right o[-way thc section desires to maintain. r4) Trimmin~ initiated by complaints. ~>~ Trees trimmcd during thc holidays along Chrisnnas Trec Circle. '¢" Excludes Christmas tree circle, l'an, young trees, clearance, complaint & block trims done by City crews: 2.500 3.000 trccs are trimmed by contract each l'iscal year. ~7, RcprcscntsJhc avcrage (trees trimmed between 2-7 years depcnding upon species). The maintenance intervals used in Table I above takes into account the fact that all street trees do not require trimming each year. Urban Forestry Maintenance Staffing Study Page 4 B. Non-Trimming Tasks. In addition to the trimming tasks that are performed on curren[ inventories, the Urban Forestry Maintenance Section ped'orms non-trimming tasks that do not lend themselves to being inventoried. The section's crew's are, by necessity, more reactive than proactive. However, doing tasks such as root pruning allows thc crews to rcnlove roots causing damage to sidewalks and curbs, thereby eliufinating a hazard for pedestrians. Failure to accomplish non-trimming tasks can reduce safety and also increase City liability. Table 2 below describes these tasks and estimates the current fiscal year and FY 2001/02 workload IBr each. Table 2 - Projected Work Load For Non-Trimming 'Maintenance Tasks FY 2000/01 & FY 2001/02 FY2000/01 FY2001/02 ITEM TASK DESCRIPTION Projected Projected Workloadm Workloadtl~ Re~noval of tree stumps to remove a hazard. Stump Removal enable replanting of a tree, and replacement ol' 407 stnmps 395 stumps© curbs and/or sidewalk. Pruning and/or removal nf roots causing or ha~in2 Rool Pruning the potential to cause damag qdewalks and 158 n'ees 170 trees cnrbs or create a hazard to [ :rians. that ha~c bccn Phmtmg of trees to replace trees [hilt Phmting Trees removed, to fill existing es whe e tee 158 trees 170 trees are needed, and to enhance the a ]pearance of streets. Removal of Trees Removal of dead or diseased trees to eliminate 323 trees 323 trees trees that ina}, present a hazard to lite or propeil_y_.. Maintenance of Honrs spent repairing stumper to prevent down 67 hours'~ 67 hours'~> Stnmper time. Biobarricr' ~' Root control process to control )or damage. 145 Biobr 158 Biobr , h Estimates provided b~, City Arbnrist. ~2, Anlicipatcd In decrease because nf increase in rnnt ,lng. ' ~' Based on axeragcs trom FYgfl/97. FY97/98 & FY98/99. ,4, Nc~ Risk (each). As indicated in Table 2 above, the section is presently installing bioban-ier, which has been separated as a new task. Biobarrier is a flexible geo-textilc fabric that is placed between a tree root and the area to be protected, such as a sidewalk, which creates a barrier that causes roots to grow in another direction. Biobarrier will be installed, primarily, when planting new trees (except for fan palms) to prevent roots l'rom growing under the sidewalks, thus eliminating the need to continually root-prune trees or replace sklcwalk due to lifting. It is estimated that biobarrier can be installed with a tree in 1.25 hours. Urban Forestry Maintenance Staffing Study Page 5 Taken together, Table I (trimming work) and Table 2 (non4rimming work) provide a projection of the Urban Forestry Maintenance Section's current workload lbr FY 2000/01 and future workload for FY 2001/02. This projection represents an accurate estimate of the section's annual workload at current inventory levels and target service intervals. IV. Increase in workload. Thc workload projections for the tree trimming tasks include estimates for new work to be performed in existing areas of the City and new work to be perlk)rmed in new developments. The increase in workload is primarily due to the increase in the number of trees due to growth. Table 3 below' provides a comparison of desired maintenance frequency to actual maintenance. Table 3 - Comparison of Desired to Actual Maintenance Desired Maintenance Frequency Actual Maintenance Frequency~1> ITEM (Average) Fan Pahns Once each ye~u~_ _ . 10_ 0~_~ 54% Coco Palnls Once each year 100q~ 17c/¢ I)ate Pahns Once each year 100~ 38C/~ Young_Trees _ _Once every 3 years 100~ 2q Clearance Trims As needed 100qt as needed Complaint Trims As needed 100c3 as needed Block Trims As needed 100c/( as needed Trim Christmas Once each year 100G same as desired Tree Circle Trees trimlned by Once every 4.5 years~2~ 100G 50G tl~ Based im a~,cragc between FY 96/97, FY97/98 & FY98/99. _'"_P, gp[?~5~ts thc a,/cra~,c (trccs trimmed between 2-7 years depending upon species). Table 3 above can be summarized as lbllows: * The desired frequencies for clearance, complaint, and block trims are being done as needed; · The desired fl-equencies for fan, coco, and date palms are not being met; · The desired frequency fl)r young trees is not being met. Only 2% of young trees are being trimmed in the new developments; and · The desired frequency for trimming other trees by contract is not being met; only 50% of all trees Citywide are being done in a timely fashion. Urban Forestry Maintenance Staffing Study Page 6 As detailed in this report, the increase in workload primarily exists because the section has lagged behind (due to a staffing shortage) the increase in the number of trees throughout the City. Young Trees. As indicated by Table 3 above, 98% of young trees in new developments are not being maintained. This phase of maintenance is critical to the proper development of trees and will also reduce the future trmmfing requirements for these trees. However, in order to develop the structural strength and shape of the tree, reduce hazards to life and property, and improve thc appearance of the tree, pruning of young trees must occur within the first three years of planting. Trinmfing of young trees is not recommended for contract work because it requires careful, time-consuming trimming. Clearance trim. Trees are trimmed to raise the skirt or canopy of trees to allow free passage of pedestrians and vehicular traffic. Failurc to keep street trees trimmed frequently enough can reduce safety by interfering with the line of sight of motorists and obstructing traffic signals, thereby increasing City liability. The fi'equency and need to do clearance trims of trees will increase if contract block trimming in not accomplished on schedulc. Complaint trimming. The section's goal is to provide a timely response to requests for service to reduce hazards to life and property. Complaint trimming usually involves removal of all dead, crossed, broken and diseased branches and cutting back limbs that extend beyond the natural shape ora tree where breakage may occur. The fi-equency and need to do complaint trimming will increase il'contract block trimnfing is not accomplished on schedule. Faro Coco, and Date Trees. Tbese trees are trim,ned tin a block by block basis to remove dead pahn fronds, seed clusters, and sbeaths to reduce hazards to life and property, and improve thc appearance of the trees. Trees trimmed by contract. As indicated in Table 3, on an average, 50% or 2,859 trees are being trimmed by contract each fiscal year. Therefore, an additional 2,859 trees must be trimmed each year for the section to reach the desired 4.5-year tree maintenance cycle tbr all trees. Note that 4.5- year cycle represents the average between trees trimmed 2-7 years. These cycles vary depending upon the species. The Urban Forestry Maintenance Section's objectives are to: 1. Investigate all tree trinmfing and removal requests within 3 days; 2. Dispatch a crew to correct structurally unsound trees within 3 4 weeks; 3. Dispatch a crew to remove unsalvageable trees with 4-6 weeks; 4. Trim trees interfering with the line of sight of motorist, obstructing traffic signals or causing obstructions or other hazards along sidewalks and alleyways within 3 days; 5. Root prune trees lifting sidewalks within 4 weeks after notification; 6. Respond to clearance trimming requests from the street sweeper with 4 weeks; 7. Respond to emergencies immediately (or within 24 hours) depending upon requests; Urban Forestry Maintenance Staffing Study Page 7 8. Correct less critical hazards, such as diseased trees with 3-4 weeks; 9. Trion trees on Memorial Way, Christmas Tree Circle and the 200-300 blocks of Third Avenue in preparation for the holiday season, annually; 10. Root prune and trim or remove trees in conjunction with one or more sidewalk replacement contracts within a 2-week notice; and I 1. Initial structural trimnfing of 1,50(} young trees in newer developments, as well as those planted by City staff in other locations, annually. Because of thc hazardous nature of tree maintenance work and in order to comply with CAL-OSHA regulations, the Urban Forestry Maintenance Section can only dispatch one crew when one or two people are absent for vacation, sick leave, etc. Title 8: Arficle 12.3427(4) of CAL-OSHA Tree Work Safety Regulations state that, "with the exception of minor tree trimming, at operations involving tree maintenance or removal, a second employee shall be used at each work location to render immediate assistance". Furthermore, Title 8: Article 12.342 l(c) of CAL-OSHA Tree Work Safety Regulations state that, "employees shall be trained and instructed in the hazards involved in their job assignments, including the proper use of all equipment utilized in tree work, maintenance or removal operations". V. Position approved for FY 00/01. Thc City Arborist was unable to supervise the Urban Forestry Maintenance crews sufficiently because of expanding demands on his time due to development. As a result, a new Supervising Tree Trimmer position was approved for the current fiscal ycar. This position will be a working supervisor and will spend approximately 25% of their time in the field trimming trees. The remaining 75% of this position's time will be spent doing the less technical duties, now performed by the City Arborist and supervising field crews. These duties include such things as locating trees in new developments, investigating work requests, marking out job sites, calling in for underground locations, and overseeing the tree trimming contract. A. Revenue offset. The working supervisor and the City Arborist will charge developers [-'or their services, which are anticipated to more than cover 75 percent of the approved Supervising Tree Trimmer position's cost. VI. Staffing requirement. Table 4 provides the estimated number of labor hours required for the Urban Forestry Maintenance Section to adequately meet its responsibilities in on-going tree trinmfing and other tasks for the current fiscal year and FY 2001/02. These staffing requirements are based on the workload data previously presented in Tables I and 2 of this report. Urban Forestry Maintenance Staffing Study Page 8 Table 4 - Estimated Labor Hours Needed For FY 2000/01 & FY2001/02 Work FY2000/01 FY 2000/01 FY2001/02 FY2001/02 TASK Standardm Workload~:' Labor Hours Workload~'} Labor Hours (units/hr) (units) Needed'~ (units) Needed® Fan Pahns 1.03 250 trees 242.72 250 trees 242.72 Coco Palms 1.98 160 trees 80.81 160 trees 80.8 I Date Pahns 2.38 50 trees 21.01 50 trees 21.01 yp_u?o~g_T_l?e~s 1.68 1,500 trees 892.86 1,500 trees 892.86 Clearance Trims 0.99 500 trees 51)5.05 500 trees 505.05 Cpmplaint Trims 0.40 700 trees 1,750.00 700 trees 1,750.00 B lock Trims 0.51 670 trees 1,313.73 670 trees 1,313.73 Block Trilns~4~ 0.51 2,859 trees 5,605.88 2,859 trees 5,605.88 Trim Christmas I. 14 147 trees 128.95 147 trees 128.95 Tree Circle Stump Removal 0.37 407 stumps 1,100.00 395 stumps 1,067.57 Root Pruning 0.48 158 trees 329.17 170 trees 354.17 l~la[![ing Tre? 0.55 158 trees 287.27 170 trees 309.09 Remo,,al of Trees 0.26 323 trees I,242.31 323 trees 1,242.31 Maintenance of 0.49 33 units 67.35 33 units 67.35 5[[!n~~cr _ B )bl rr er 0.80 145 blob 181.25 158 biub 197.50 TOTAL HRS 13,748.34 TOTAL HRS 13,778.98 ~1~ Bascd im FY96/97. FY97/98 & FY98/99 ~ork standards (avcragcl. For example, thc section can trim 1.03 tim pahns per hour. Therefc, re. in order to trim 250 fan palms, it '0. ill takc the section 242.72 hours. ~2~ Based on data provided in Table I. ' ~ I.abor hours needed equals workload divided by ,.fork stamlard Ibr e:.lch lSpc of tree. ~*' Trees m)l prcsclnly Irimmcd by contract or City crcx~ s. Using the information developed in the previous sections of this report, enables the transition to calculating a more definitive measuremenl of the likeliness of the availability of employees(or more simply put "the odds or probability") to enable the Urban Forestry Maintenance Section to deploy a crew of the sufficient size to undertake street tree maintenance tasks on a given day. Estimating a probability that a fixed staffing level will be awfilable to perform certain tasks given a certain operating environment is the first step in developing il permanent staffing level that will enable the Urban Forestry Maintenance Section to complete its primary dutics. The key findings discussed leading up to this point that describe the current operating environment of the Urban Forestry Maintenance Section and provide the components of thc probability or staffing formula (developed in the Street Maintenance Study) that will be applied for the purposes of establishing an adequate staffing level are as follows: Urban Forestry Maintenance Staffing Study Page 9 ,, The current staffing level for Urban Forestry Maintenance is comprised of two 2-person crews fbr a total of four field staff' that are available to perform tree maintenance tasks. · That 25% of the approved Supervising Tree Trimmer position's time is available to perform tree maintenance tasks. · The tree maintenance tasks require the deployment of a 2-person crew at any given time these tasks are undertaken. · Leave time accounted tbr 13.31% of the available working hours (average) during FY96/97, FY97/98 and FY98/99. Therefore, the tree crews arc available 86.69% of the tithe. · The probability of having both crews fully sta~lkd is 56.48%. Therefore, based on the formula developed in the Street Maintenance gtudy, the assessment of the cra'rent and future workload resulted in the need to have a staffing level that yield 7 FTEs. Therefore, increasing thc staffing level to 10 positions would yield a 7 FTE staffing level 96% of the time. The section currently has four staff members (excluding City Arborist & Supervising Tree Trimmer); therefore, the Urban Foreslry Maintenance Section is presently understaffed by 10.0 4.0 = 6.0 staff positions. However. the following alternative is recommended to reduce the current dcficiency of 6.0 positions: VII. Contracting. As previously indicated in Table I, a total of 5,718 trees must be trimmed annually for the section to its desired tree trimnfing frequency. However, only 50 percent or 2,859 trees are presently being trimmed by contract, on an average, each fiscal year. As a result, at least 2,859 trees (on average) are not being maintained each year due to the limitation of $100,000 placed on the existing tree trimming contract. Therefore, in order tbr the Urban Forestry Maintenance Section to meet its desired 4.5-year tree maintenance cycle for all trees, the contract amount must be increased by approximately $100,000. As indicated in Table 4, a total of 5,605.88 staff hours are required by City crews to block trim 2,859 trees. Based on the staffing formula, this workload results in thc need to have a staffing level that yield 3 FTEs. Therefore, increasing the staffing level to 5.0 positions would yield a 3 FTE staffing level 98% of the time. However, contracting out the maintenance of these trees will not only reduce costs but will also reduce the staffing deficiency by 5.0 slaff positions. Provided below are the requirements and costs the City will need to incur to meet the desired tree trimming frequency if the tree trimming contract is not increased. A 3-person and a 2-person crew will be needed to block trim these additional trees. Urban Forestry Maintenance Staffing Study Page 10 a. Hire live (5) additional staff (2 Senior Tree Trimmers & 3 Tree Trimmers). Estimated cost is $211,481 annually plus an additional $2,880 for safety supplies and training. b. Purchase capital equipment such as two Aerial Trucks ($68,000 ea) and two Chippers ($20,000 ea). Estimated cost is $176,000 (a one-time cost). Equipment life is estimated at eight years. c. Purchase miscellaneous supplies costing an esti~nated $2,000. d. In addition, equipment maintenance and replacement are estimated at $27,800 annually. Therefore, trimming 2,859 additional trees with a 3-person and 2-person crew and purchasing necessary cqnipment will cost approximately $420,161 the first full year and $295,01 I annually, thereafter. However, increasing the tree trimming contract to block trim 2,859 trees would cost approximately $ I(X),000 annually, in addition to offsetting the staffing requirement by 5.0 personnel. This represents a savings of approximately $190,000 annually. Note: 10.0 (starting deficiency) - 5.0 (gain) = 5.0 (remaining deficiency). For tbe remaining staffing deficiency, the assessment of thc cun'ent and future workload resulted in the need to have a staffing level that yielded 4 FTEs. Therefore, increasing the staffing level to 5 positions v, ould yield a 4 FTE staffing level 90c7t of the time. This assumes that 25% of the approved Supervising Trcc Trimmer position's time will be available to perform trec maintenance tasks. How~'ver, .~i/u'e it is proposed that the tree trimming contract be izzcreased, 25% of this poxiti(;n's time may not be available a,v previously estimated. The section currently has tbur staff members (excluding City Arborist & Supervising Tree Tri~nmer); therctbre, the Urban Forestry Maintenance Section is presently understaffed by 5.0 - 4.0 = 1.0 staff position. Therelk)re, staff recommends filling the staffing deficiency with one Tree Trimmer. Estimated cost is $10.754~ fi)r the remainder of the current fiscal year and $45,1672 annually, thereafter. Pm-chasing of safety supplies for the new employee will cost an estimated $712' annually. Note: 5.0 (starting deficiency) - 5.0 (gain) = 0.0 (remaining deficiency). Includes bcncl'i~s + 5~J salary increase in Jan 2001. Includes bone fils. 'Il'cc Trimmer: Includes salEty jacket, salbty boots, sali_,ty supplies (glasses. rubber boots, raingear, hearing protection, vests. & back supports), and laundry & cleaning scr,. ices. Urban Forestry Maintenance Staffing Study Page 11 VIII. Why Not Contract Out All Trimming? The type of work completed by the Urban Forestry Maintenance staff does not lend itself to being contracted out. The section's goal is to provide a timely response to requests for service, such as coinpliant trims, clearance trims, stump removals, and root pruning to reduce hazards to life and property. In addition, trimming of young trees is not recommended for contract work because it requires careful, time-consuming trimming. This phase of maintenance is critical to the proper development of trees and will also reduce the future trimming requirements for these trees. The section also does trimming for special events, such as trimming Christmas Tree Circle. Contracting out work, such as block trims, should be completed by contract because a contractor can accomplish block trims more quickly and for less money than City staff. However, this service is provided from a production standpoint as opposed to requests for service from citizens. IX. Summary. Based on this report, the Public Works Operations Division is requesting an increase of $100,000 tbr the current and future tree tri~nming contract amonnt. Therefore, the total contract amount allowed will bc $200,000 for future fiscal years. In addition, thc division is requesting the addition of a Tree Trimmer based on the increase in workload. Appendixes Appendix A - Labor Hours Needed for FY2000/OI & FY2001/02 Appendix B - Backup Data URBAN FORESTRY MAINTENANCE STAFFING STUDY APPENDIXES Attachment A Estimated Labor Hours Needed for FY 2000/01 & FY 2001/02 FY 2000/01 ~ FY 2001/02 Work Standard Work Load Labor Hours Work Load Labor Hours tASK /Units Per Hour/ /Unitsl Needed/1/ : /Unitsl Needed :an Palms 1.03 250.00 242.72 250.00 2427; ,.goco Palms 1.98 160.00 80.81 160.00 80.81 ::)ate Palms 2.38 50.00 21.01 50.00 21.01 ~foung Trees 1,68 1,500.00 892.86 1,500.00 892.8( ;learance Trims 0,99 500.00 50505 500.00 505.0~ Complaint Trims 0.40 70QOC 1,750.00 700.00 1,750.0£ IIock Trims 0.51 67QOC 1,313.73 670.00 1,313.73 Block Trims (2) 0,51 2,85900 5,605.88 2,859.00 5,605.8~ Trim Christmas Tree Circle 1.14 147.0C 128.95 147.00 128.9~ Stump Removal 0.37 i 407.00 1,10Q00 395.00 1,067.57 Root Pruning 0.48 158.00 329.17 170.00 354,17 Planting Trees 0.55 158.00 287.27 170.00 309.0~c Removal of Trees 0.26 323.00 1,24231 323.00 1,24231 ! Maintenance of Stumper 0.49 33.00 67.35 33.00 67.3~ liobarrier 0.80 145.0C 181~25 158.00 197.5(: TOTAL 13,748.34 TOTAL 13,7789~ (1) Workload divided by work standard. (2) Trees not trimmed by contract or City crews. CITY OF CHULA VISTA PUBLIC WORKS OPERATIONS ADMINISTRATION SECTION STAFFING STUDY Submitted by: Robert Beamon Public ~Vorks Operations Table of Contents I. Purpose ................................................................................................................................... 2 II. The Public Works Operations Administration (Clerical Section) Overview ......................... 2 A. Critical tasks ..................................................................................................................... 4 B. Necessary, but not critical tasks ....................................................................................... 5 C. Tasks not completed ......................................................................................................... 6 III. Temporary staff requested ...................................................................................................... 7 IV. Summary ................................................................................................................................ 8 PW Operations Administration Staffing Study Page 2 I. Purpose. The primax-y objective of this section of the report is to assess the Operations Administration Section's current and future staffing needs as a result of a growing division related to the continued growth of the City. II. The Public Works Operations Administration (Clerical Section) Overview. The Clerical Section provides clerical and technical support to the Public Works Operations Division, which is comprised of Traffic Operations Maintenance, Slxeet Maintenance, Urban Forestry Maintenance, Wastewater Maintenance, Lift Station/Pool Maintenance, Storm Drain Maintenance, Construction and Repair, Custodial Services, Building Services Communications, Park Operations Maintenance, and Open Space Administration. The Clerical Section's duties include the following: a. processing payroll, purchase orders and direct payments; b. providing inventory control; c. preparing monthly payments for daily receipts of construction materials; d. answering the phones and staffing the dispatch radio; e. inputting service requests into the new work management system and calling out underground locations; £ typing letters, memos, and agenda statements; g. maintaining the office records management system; and h. providing customer service to citizens by making park reservations, explaining park fees and permit procedures. The section presently consists of an Administrative Secretary, two Senior Administrative Office Specialists, and a Customer Service Representative. The, Administrative Secretary is responsible for assigning and supervising all the section's work. One Senior Administrative Office Specialist is being requested to meet the demands placed on the present clerical staff as a result of a new work management system and a growing division related to the continued growth of the City. Table 1 provides a breakdown of the public assistance being provided by the Clerical Section: PW Operations Administration Staffing Study Page 3 Table 1 - Averages of Public Assistance Service Average Yearly Daily Time Per Labor SERVICE Averagem 1TEM DESCRIPTION Taskm Hours Used Answer phones from public; does Phone Calls(2) 137.20 research; initiates service requests. 6 minutes 3,457.44 Primarily, returning calls requesting Phone Messages 20.75 park information. 5 minutes 435.76 Dispatches dig alerts (USA); assists Radio Calls 32.80 with relaying info between units; 1.2 minutes 165.31 (Dispatch) dispatches emergency calls to crews. Inputs data into computer regarding Service Requests 9.73 requests for service, complaints, etc. 3.5 minutes 143.04 Greets the public and provides Office Visits® 11.50 general assistance. 8 minutes 386.39 Park Reservations® 12.75 Reservations for park space. 12 minutes 642.60 [ TOTAL 5,230.54 (~) Estimates provided by Clerical Section for FY99/00. (2) Only 10% of calls are transferred to another person. The remaining 90% require research or additional assistance by clerical staff {3) Excludes office visits made for park reservations. t4> Park reservations are made by visit only (not made over the phone). As shown in Table 1 above, a total of 5,230.54 labor hours are expended each year for public assistance. Therefore, based on 1,715~ net labor hours per year, these hours are equivalent to 3.05 staff. Note the following: 5,230.54 (total hrs) .......................................... 3.05 staff (used for public assistance) 1,715 hrs (net labor hours per yr) The Clerical Section currently has four staff members (including the Administrative Secretary); therefore, only 1,629.25 staff hours (4.0 - 3.05 -- 0.95 staff x 1,715) remain each fiscal year to accomplish the remainder of the section's regular duties. The Clerical staffhas worked a significant amount of overtime ($14,496) over the previous fiscal year to complete their daily duties as well as handle the additional workload due to a growing division. However, instead of keeping up-to-date, they continue to fall behind and are unable to reach standard deadlines for various tasks. Average working hours per year for City employees (based on paid time-off factor) PW Operations Administration Staffing Study Page 4 A. Critical tasks. Pawoll. Processes payroll for 166.01 FTE positions; makes arithmetic and payroll calculations; processes leave requests; monitors leave balances; and receives/sorts paychecks. Dispatch. Dispatches emergency calls to crews; assists with relaying info between units; calls out underground locations; inputs service requests into the new work management system; and communicates daily with police dispatch, animal control, and other utility companies regarding street closures, dead or stray animals, and requests for remarks or ETA's to job sites when a crew is waiting on site. Purchase orders. Processes requests for payments; maintains accounts payable; requests that money be encumbered; and contact vendors concerning invoices, services or materials when necessary. Materials tracking. City crews use materials (e.g. concrete and asphalt) to complete different tasks throughout the City. Each material must be tracked to determine the quantity used each fiscal year. However, the section has been unable to reach its goal of entering this information into a database each month. Water Consumption Reports. Reports are due monthly to Sweetwater Authority and Otay Water Districts for water usage by the Wastewater crews from hydrants. This information is compiled each month and provided to the appropriate water agency so they can bill the City for this usage. However, when this information is not provided by the due date, the water agencies then estimate the City's usage. As a result, the City could be overcharged for a particular month. Office supplies and other requisitions. Maintains and orders office supplies; and processes boot and other requisitions as needed. Service request database. There is currently a 12-month backlog of service requests taken prior to the implementation of the new Work Management System. This will impact the section's ability to respond to inquiries regarding whether a service request was initiated and/or completed. If the information is not entered, staffhas to manually go through old service requests. This database is often used when claims are filed against the CiO~. Updating forms. Researches and assembles information from a variety of sources for the completion of forms. This includes forms such as quick reference sheets for phone number listings, radio call ID's, cell phone numbers, radio log, work schedules, etc. Note that radio call numbers and cell phone number lists change frequently. Therefore, it is important to update these forms in order for employees to reach the appropriate person to complete certain daily tasks. PW Operations Administration Staffing Study Page 5 B. Necessary, but not critical tasks. Monthly Utility Tracking. The Finance Department no longer provides monthly spreadsheets for the Public Works Department used to track water and electrical (utility) usage for all City parks, open space districts, and gas and electric usage in all City buildings. These spreadsheets were used monthly, to make irrigation program adjustments and to make a comparative analysis of the previous years' usage to determine new irrigation schedules. The Park Maintenance and Open Space Sections also use this information to manage and control water and electrical usage for the individual parks and open space districts. The Construction & Repair Section utilized this information to track gas and electrical usage in all City buildings. Because this information is no longer being provided, it has been difficult for the Park Maintenance and Open Space Sections to control utility usage in the various City parks and open space districts. Because the open space districts (including zones) have autonomous budgets, staff cannot transfer revenue from one district or zone to fund expenditures in another district or zone if needed. Organic Recycling West & Landfill Tickets. Each year, the City is allotted a free amount of disposal at the Otay Landfill and at Organic Recycling West. The Operations Division crews return weight tickets to the clerical staff whenever they dump waste at these sites. Therefore, these tickets must be tracked and monitored, monthly, to determine the amount of waste being dumped by City crews. Monthly phone bills. Pacific Bell, AT&T, Express Tel, MCI and Nextel bill the Operations Division monthly for their phone services. Processing these bills each month is usually delayed because of the tedious process involved. There are currently a total of 51 Nextel phones currently in use. Each bill must be reviewed in detail to ensure that: · the City isn't charged for phones that do not exist; · the City isn't Charged for phones that were returned; and that · the City isn't charged for equipment that was already paid for by credit card. After the bills are examined and the charges summarized, they are routed to each employee in order to identify their personal calls. Money is then collected from the employees for their personal calls. A direct payment is then processed for the other charges out of the appropriate accounts. Returning park info-calls. Currently the section receives approximately 2 l messages a day for Park related calls. Due to the volume of calls, some may be returned 3-4 days later. As a result, some members of the public that plan their parties at the last minute may not get the requested information in time to reserve park space or obtain air jump permits. Furthermore, the Parks Section recently added Chula Vista Community Park, Marisol Park and Eucalyptus Park to the list of park reservation sites. Mackenzie Creek Park and Cottonwood Park are anticipated to be completed this calendar year. Adding these parks will also impact the current PW Operations Administration Staffing Study Page 6 workload because of the increased number of phone calls and additional park reservations. C. Tasks not completed. Records Management. Filing correspondence or maintaining the record management system has not been done accurately for the past throe years. As a result, staff is unable to locate files when needed. In addition, medical records must be separated from other personnel information. Due to the lack of available time, this task has not been completed. This is a legal requirernen~ Employee database. The employee database is not being kept up-to-date. This database contains the employment date, last promotion date, pay step, DMV physical dates, etc~ Nextel telephone training. Due to the lack of available time, this training has not been implemented. However, by implementing this training, the division will be able to improve communication between supervisors and their crows out in the field. Monthly park & air iump statistics. In order to be more efficient, a database has been established to calculate revenue and track the number of park reservations made for the various parks. However, in order to input this information, staff must review each reservation, determine which park the reservation took place, whether the person is a resident or non-resident, determine the location of the party within the actual park, and indicate what type of permit was issued. A 7-month backlog currently exists for inputting air jump statistics for 13 City parks. Once hired, the new staff person will jointly (with the existing journey level fiscal position) be responsible for processing payroll, processing purchase orders, direct payments amd requisitions, and employee evaluations for 166.01 FTE positions. As a result, this will free up the other staff's time to complete the critical tasks, necessary (but not critical) tasks, and the tasks not completed. Note that it is anticipated that the new position will be classified as a journey level fiscal position.. Although it is believed that two additional positions are needed, staff is only requesting one Senior Administrative Office Specialist. Staff will attempt to eliminate the need to hire an additional position through automation. Therefore, in order for the clerical staffto keep up-to-date and to accomplish the tasks that are not getting done, the Public Works Operations Division is requesting the addition of one Senior Administrative Office Specialist. Estimated cost is $9,7532 for the remainder of the current fiscal year and $40,6883 annually, thereafter. Purchasing of office equipment for the new employee will cost an estimated $4,0004. Includes benefits + 5% salary increase in Jan 2001. Includes benefits. Sr. Admin Specialist: computer, workstation, chair, etc PW Operations Administration Staffing Study Page 7 1II. Temporary staff requested. The Operations Division of Public Works is also requesting a Temporary Part-Time Administrative Office Assistant I position to assist with the additional workload associated with the new work management system and to collect and process the monthly utility bills previously processed by the Finance Department. The Governmental Accounting Standards Board (GASB) requires that an agency report on all capital assets such as 1) inventory of infrastructure assets, 2) historical costs of infrastructure, and 3) current value of infrastructure in order to evaluate changes over time. As an alternative to depreciating infrastructure assets, an agency must have an Asset Management system that must: include an up-to-date inventory · define level of maintenance standards · provide cyclical condition assessment · document that asset is maintained at or above the adopted standard The Operations Division of Public Works is charged with maintaining the City's infrastructure, which includes streets, sewers, storm drains, City trees, parks, open space, and street signage and striping; City buildings; City communications systems; and City vehicles and equipment. The Operations Division uses a Work Management System (WMS), which is an automated system used for collecting and tracking data about the work that an agency performs, to maintain the City's infrastructure (excluding buildings, communications, vehicles, and equipment). However, in order to comply with GASB requirements, it is important to maintain and keep the data collected for the Work Management System updated. Old Work Management System. The Operations Division has used a WMS since 1986 to track the work production of most of the maintenance sections. This older software was not Y2K-complaint, was not Windows-based, and had limited capabilities. The system also needed to be expanded to account for the City's growth and increase in development activity and simultaneous increase in infrastructure to be maintained. The old system worked well in tracking personnel, material, and equipment costs by job type and location, as well as hours spent doing the work and the number of jobs performed. However, this information could only be kept for one year on the system due to system limitations. As a result, anytime that historical information was needed, such as for liability claims, staff had to research paper records by month and by year, which was a very time-consuming process. In adchtion, the old system did not help with scheduling and planning, did not track backlogs, and did not link service requests with jobs responding to those requests. New Work Management System. Since December/January of FY99/00, the Operations Divisions has implemented a new updated Work Management Program. However, the new program requires PW Operations Administration Staffing Study Page 8 more data input than the previous version. For example, with the old system, each crew tracked only one work order daily, which consisted of various job types and locations utilizing only one data entry sheet. However, under the new system, each work order, job type, and location requires a separate data entry sheet. As a result, each job type and location must be added as a separate work order, thereby, increasing the number of data entry sheets required for each activity or task. Eventually, each crew will do their own entry via laptop computers or handheld devices. The new WMS has several advantages over the old system. This upgraded system has 1) eliminates paper tracking, 2) links service requests and backlogs with jobs, and 3) allows management to better plan and schedule work and evaluate crew performance and workload. The new system's emphasis is on meeting public needs, by changing the focus from measuring performance after the fact to scheduling and planning work based on service requests and work orders. However, due to several setbacks and the downtime incurred while implementing the new Work Management System, daily input was delayed until the bugs with the new system were resolved. As a result, a backlog of five months currently exists in the Park Maintenance Section. Utility Tracking (backlog). The Finance Department no longer provides monthly spreadsheets for the Public Works Department used to track water and electrical (utility) usage for all City parks, open space districts, and gas and electric usage in all City buildings. These spreadsheets were used monthly, to make irrigation program adjustments and to make a comparative analysis of the previous years' usage to determine new irrigation schedules. in order to monitor utility usage for all City parks, open space districts, and all City buildings, initially, staff will need to research Finance's utility records dating back to July 1999 and then input this information into an Excel spreadsheet. Once this backlog has been brought up-to-date by the temporary part-time position, the utility bills will be tracked on a monthly basis by the clerical staff. Therefore, in order to complete these tasks, the Public Works Operations Division is requesting the addition of a Temporary Part-Time Administrative Office Assistant I position. Estimated cost is $8,000s for the remainder of the current fiscal year. IV. Summary. Based on this report, the Public Works Operations Division is requesting one Senior Administrative Office Specialist and one Temporary Part-Time Administrative Office Assistant I position. File: 0740-90-Starting Study C:xBob/Operalions Adminislrafion Staffing Study doc Includes 5% salary increase in Jan 2001.