HomeMy WebLinkAboutAgenda Packet 2001/09/25
CITY COUNCIL AGENDA
September 25, 2001 6:00 p.m.
Council Chambers
Public Services Building
276 Fourth Avenue, Chula Vista
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CllY OF
CHULA VISTA
City Council City Manager
Patty Davis David D. Rowlands, Jr.
Stephen C. Padilla City Attorney
Jerry R. Rindone John M. Kaheny
Mary Salas City Clerk
Shirley A. Horton, Mayor Susan Bigelow
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The City Council meets regularly on the first calendar Tuesday at 4:00 p.m.
and on the second, third and fourth calendar Tuesdays at 6:00 p.m.
Regular meetings may be viewed at 7:00 p.m. on Wednesdays on
Cox Cable Channel 17 or Chula Vista Cable Channel 47
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AGENDA
September 25, 2001 6:00 P.M.
CALL TO ORDER
ROLL CALL: Councilmembers Davis, Padilla, Rindone, Salas, and Mayor Horton.
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. PRESENTATION OF A SPECIAL INVITATION FOR COUNCILMEMBERS TO
ATTEND THE 16TH ANNUAL CHULA VISTA HARBOR DAYS ON SEPTEMBER
28 AND 29, 2001, BY LISA COHEN, EXECUTIVE DIRECTOR OF THE CHULA
VISTA CHAMBER OF COMMERCE AND ROBYN WILNER, EXECUTIVE
DIRECTOR OF THE CHULA VISTA CONVENTION AND VISITORS BUREAU
CONSENT CALENDAR
(Items 1 through 8)
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 mr;!eting. Items pulled from the Consent Calendar will be discussed
after Action Items. Items pulled by the public will be the first items of business.
1. WRITTEN COMMUNICATIONS
A. Letter from the Assistant City Attorney stating that, to the best of his knowledge
ftom observance of actions taken in Closed Session on September 18, 2001, in
which the City Attorney participated, there were no actions taken which are
required under the Brown Act to be reported.
Staff recommendation: The letter be received and filed.
B. Letter and petition ftom residents in the vicinity of Naples Street, requesting the
City to provide curbs and paved sidewalks on Naples Street, between Broadway
and Third Avenue.
Staff recommendation: The letter be referred to the Engineering Division of
Public Works to initiate the proceedings toward setting up an assessment district
to provide the missing improvements.
C. Letter of resignation ftom Linda Navarro, member of the Town Centre Project
Area Committee.
Staff recommendation: The resignation be accepted with regret, and the City
Clerk be directed to post immediately in accordance with Maddy Act
requirements.
2. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A FIRST AMENDMENT TO THE AMENDED AND RESTATED
SOLID WASTE DISPOSAL AND RECYCLING SERVICES FRANCHISE
AGREEMENT WITH PACIFIC WASTE SERVICES, PROVIDING FOR A
"VARIABLE RATE" UNIT PRICING STRUCTURE FOR RESIDENTIAL SOLID
WASTE DISPOSAL AND RECYCLING SERVICES; MODIFYING THE
COMMERCIAL/INDUSTRIAL RATE STRUCTURE TO CREATE ADDITIONAL
WASTE REDUCTION AND RECYCLING INCENTIVES FOR LARGE
COMMERCIAL AND INDUSTRIAL GENERATORS; AND MAKING OTHER
RELATED OR MINOR ADDITIONAL FRANCHISE MODIFICATIONS (SECOND
READING AND ADOPTION)
The 1999 agreement with Pacific Waste Services (Pacific) requires the company to work
with the City to provide a new unit pricing or "pay as you throw" proposal for residential
and solid waste services. The proposed rate structure modifies the current flat-rate
system to a "unit-based" system that rewards households that are currently recycling, and
provides other households with a greater incentive to reduce, reuse and recycle. Each
household will also be provided with an automated can for trash and recycling collection.
Yard waste is not being recommended for automation at this time. The proposal also
provides large commercial and industrial generators with an additional financial incentive
to reduce, re-use and recycle. (Special Operations Manager)
Staff recommendation: Council place the ordinance on second reading for adoption.
3A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING FINAL "A" MAP NO.1 FOR OTAY RANCH SPA ONE WEST,
VILLAGE ONE WEST (SOUTH), CHULA VISTA TRACT NO. 98-06A, ACCEPTING
ON BEHALF OF THE CITY, A PORTION OF PASEO RANCHERO LOT "L", ALL
THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION,
ACKNOWLEDGING ON BEHALF OF THE PUBLIC THE IRREVOCABLE OFFERS
OF DEDICATION OF FEE INTEREST FOR OPEN SPACE LOTS "C", "D", "E", "F",
"G", AND "H", AND LOT "I" FOR PUBLIC PARK PURPOSES, 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 "A" MAP SUPPLEMENTAL SUBDIVISION IMPROVEMENT
AGREEMENT FOR CHULA VISTA TRACT NO. 98-06A, VILLAGE ONE WEST
(SOUTH), OTAY RANCH SPA ONE WEST, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
On April 24, 2001, by Resolution No. 2001-119, Council approved a tentative
subdivision map for Chula Vista Tract 98-06A, Otay Ranch SPA One West, Village One
West (South). Condition No. 15 of the resolution requires the developer to submit and
obtain the City's approval of a master final map ("A" map) of the tentative map showing
"super block" lots. The "A" map is also required to show the public street dedications
and backbone utility easements required to serve the super block lots. All super block
lots created are also required to have access to a dedicated public street. (Director of
Public Works)
Staff recommendation: Council adopt the resolution.
Page 2 - Council Agenda 09/25/01
4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
RATIFYING CITY STAFF'S ACTION ON APPROVING CHANGE ORDERS
ASSOCIATED WITH THE CONSTRUCTION OF THE PUBLIC WORKS
OPERATIONS FACILITY AND CORPORATION YARD, AND AUTHORIZING
STAFF TO PROCESS UP TO AN ADDITIONAL $250,000 IN CHANGE ORDERS
Last September, Council amended Policy No. 574-01, authorizing the City Manager to
approve change orders pertaining to the Corporation Yard project with a single change
order value not exceeding $50,000 and a cumulative value of up to $250,000. The policy
permits the City Manager to exceed the limits if delay of the approval would cause a
delay in the "Critical Path" schedule of the project. Adoption of the resolution will ratify
staffs recent actions in approving change orders valued at $742,781, and will authorize
staff to process up to an additional $250,000 in change orders in accordance with the
policy. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING AND APPROPRIATING $116,000 IN GRANT REVENUE FROM THE
STATE OF CALIFORNIA ADVANCED TECHNOLOGY PROGRAM FOR THE
PURCHASE OF A GLOBAL POSITIONING SYSTEM (4/5THS VOTE REQUIRED)
As part of this year's State Community-Oriented Policing Services (COPS) funding, the
Governor approved a budget trailer bill, which designated specific funds for technology
grants to local law enforcement. The City of Chula Vista has been allocated $116,000 in
grant revenue, which will be used for technology advancement within the department.
(Chief of Police)
Staff recommendation: Council adopt the resolution.
6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE CITY MANAGER TO EXECUTE A FUND TRANSFER
AGREEMENT BETWEEN THE SAN DIEGO METROPOLITAN TRANSIT
DEVELOPMENT BOARD AND THE CITY OF CHULA VISTA FOR A SOUTH BAY
TRANSIT STUDY
On May 29, 2001 Council adopted Resolution No. 2001-160, appropriating $157,500
from the available fund balance of the general fund for transit planning, in conjunction
with the General Plan update, including $125,000 for a joint South Bay transit study with
the Metropolitan Transit Development Board (MTDB). This partnership will promote
integrated transit and land-use planning through joint efforts and shared resources. A
fund transfer agreement spells out the respective roles of MTDB and the City, and is
required for Chula Vista to provide its share of funds for consultant assistance in
completing the study. The City's contribution will augment $225,000 provided by
MTDB. As part of the a¡sreement, the City will be actively involved in all technical and
policy matters related to the study. (Director of Planning and Building)
Staff recommendation: Council adopt the resolution.
Page 3 - Council Agenda 09/25/01
7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
WAIVING THE CITY'S FORMAL BIDDING PROCESS AND APPROVING A
THREE-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA, RECON
(CONSULTANT), AND MCMILLIN OTAY RANCH, LLC (APPLICANT), RELATED
TO ENVIRONMENTAL CONSULTING SERVICES TO BE RENDERED FOR OT A Y
RANCH VILLAGE SIX, AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
McMillin Otay Ranch, LLC has filed a Sectional Planning Area (SPA) plan application
for Otay Ranch Village Six. The proposed Village Six SPA plan proposes development
of2,086 dwelling units on approximately 237 acres. One hundred forty-nine acres would
be developed with non-residential uses, including community purpose facilities,
commercial uses, schools, a public park, and open space uses. The Environmental
Review Coordinator has determined that the proposed project requires the preparation of
a second-tier Environmental Impact Report. Staff recommends that the City Council
approve the proposed contract with RECON for an amount not to exceed $127,550 to
provide consultant services for the preparation of the CEQA-required environmental
documents for the proposed project. (Director of Planning and Building)
Staffrecommendation: Council adopt the resolution.
8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A THREE-PARTY AGREEMENT BETWEEN THE CITY OF CHULA
VISTA, LINSCOTT, LAW & GREENSPAN ENGINEERS (CONSULTANT), AND
THE EASTLAKE COMPANY (APPLICANT), RELATED TO TRANSPORTATION
CONSULTING SERVICES TO BE RENDERED FOR EASTLAKE VILLAGE
CENTER NORTH, AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
The EastLake Company proposes to develop a 79.4l-acre site located at the EastLake
Parkway and Otay Lakes Road. In conformance with the California Environmental
Quality Act (CEQA), the proposed project will require that the City Council approve the
proposed contract with Linscott, Law & Greenspan Engineers for $25,535 to prepare the
traffic impact analysis for EastLake Village Center North. (Director of Planning and
Building)
Staff recommendation: Council adopt the resolution.
ORAL COMMUNICA nONS
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.
Page 4 - Council Agenda 09/25/01
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.
9. CONSIDERATION OF ACCEPTANCE AND APPROPRIATION OF LOCAL LAW
ENFORCEMENT BLOCK GRANT FUNDS
The Police Department has recently received notice of a Local Law Enforcement Block
Grant award in the amount of $252,282 ftom the Bureau of Justice Assistance. These
funds were allocated to the Police Department based on a three-year average of Part I
violent crimes. Part I violent crimes are murder and non-negligent manslaughters,
forcible rape, robbery, and aggravated assaults as reported by the FBI. Acceptance and
appropriation of these funds requires a public hearing per stipulations of the Local Law
Enforcement Block Grant.
Staff recommendation: Council conduct the public hearing and adopt the following
resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING $252,282 FROM THE 2001 LOCAL LAW ENFORCEMENT
BLOCK GRANT, AMENDING THE FISCAL YEAR 2001/2002 POLICE
BUDGET, APPROPRIATING $242,282 FOR POLICE TECHNOLOGY AND
EQUIPMENT AND $10,000 TO SUPPORT THE SOUTH BAY DRUG
COURT, AND AUTHORIZING THE CHIEF OF POLICE TO UTILIZE
(REPROGRAM) SAVINGS RESULTING FROM THE COMPETITIVE
PROCUREMENT PROCESS FOR ADDITIONAL UNSPECIFIED OFFICER
SAFETY EQUIPMENT AND SUPPLIES (4/5THS VOTE REQUIRED)
10. CONSIDERATION OF APPROVAL OF THE RE-SUBDIVISION OF VILLA SAN
MIGUEL
On March 27, 1979, Council conditionally approved the tentative subdivision map for
Chula Vista Tract No. 79-15, Villa San Miguel. On January 13, 1981, Council
conditionally approved the final map for Tract No. 79-15, Villa San Miguel. However,
no development occurred on Tract No. 79-15. On April 4, 2000, the engineering staff
drafted a letter at the request of San Miguel Development Co., discussing revisions to the
original map to be made in order for a re-subdivision to occur. Adoption of the
resolution will approve the final map, subdivision improvement agreement, and
supplemental subdivision improvement agreement for Villa San Miguel, which will
include 19 single-family residences. (Director of Public Works)
Staff recommendation: Council conduct the public hearing and adopt the following
resolutions:
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING FINAL MAP OF CHULA VISTA TRACT NO. 79-15, VILLA
SAN MIGUEL AS A RE-SUBDIVISION OF APPROVED FINAL MAP 10173,
APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT FOR THE
COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION,
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
Page 5 - Council Agenda 09/25/01
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT
AGREEMENT FOR CHULA VISTA TRACT NO. 79-15, VILLA SAN
MIGUEL, AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
BOARD AND COMMISSION RECOMMENDATION
11. CONSIDERATION OF THE DESIGNATION OF THE EDMOND RUSS HOUSE AS
A HISTORIC STRUCTURE - 200 "K" STREET
Property owner, Glenda Devaney, has requested that the Edmond Russ house, located at
200 "K" Street be designated as a historical site. The house is being used as the primary
residence of the current property owner. The Resource Conservation Commission
considered this designation at its July 2, 2001 meeting. (Director of Planning and
Building)
Resource Conservation Commission recommendation: Council authorize placement of
the Edmond Russ house on the City's list of historic sites.
Staff recommendation: Council adopt the following resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DESIGNATING THE EDMOND RUSS HOUSE AS A HISTORIC SITE AND
PLACING THE EDMOND RUSS HOUSE ON THE CITY OF CHULA VISTA
LIST OF HISTORIC SITES, IN ACCORDANCE WITH MUNICIPAL CODE
SECTION 2.32.070(A)
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.
12. CONSIDERATION OF ADOPTION OF RESOLUTIONS THAT WILL PROVIDE
THE PROPOSED RATE AND METHOD OF APPORTIONMENT, AND ESTABLISH
A BOUNDARY MAP FOR PROPOSED COMMUNITY FACILITIES DISTRICT NO.
2001-1 (SAN MIGUEL RANCH)
NNP- Trimark San Miguel Ranch, LLC has requested that the City initiate proceedings to
form a Community Facilities District No. 2001-1, for the acquisition or construction of
public facilities serving their properties within San Miguel Ranch. Adoption of the
resolutions will provide the proposed rate and method of apportionment for the district,
establish a boundary map, describe the authorized improvements, direct the special tax
consultant to prepare the Special Tax Report, and set the public hearing for this
Community Facilities District for November 6, 2001. (Director of Public Works)
Staff recommendation: Council adopt the following resolutions:
Page 6 - Council Agenda 09/25/01
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ADOPTING A BOUNDARY MAP SHOWING THE BOUNDARIES OF THE
TERRITORY PROPOSED FOR THE INCLUSION IN PROPOSED
COMMUNITY FACILITIES DISTRICT NO. 2001-1 (SAN MIGUEL RANCH)
AND THE BOUNDARIES OF THE IMPROVEMENT AREAS PROPOSED TO
BE DESIGNATED THEREIN
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DECLARING ITS INTENTION TO ESTABLISH COMMUNITY FACILITIES
DISTRICT NO. 2001-1 (SAN MIGUEL RANCH), DESIGNATE TWO
IMPROVEMENT AREAS THEREIN, AND TO AUTHORIZE THE LEVY OF
A SPECIAL TAX THEREIN TO FINANCE THE ACQUISITION OF
CERTAIN FACILITIES
C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ORDERING AND DIRECTING THE PREPARATION OF A REPORT FOR
PROPOSED COMMUNITY FACILITIES DISTRICT NO. 2001-1 (SAN
MIGUEL RANCH)
D. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DECLARING ITS INTENTION TO ISSUE BONDS SECURED BY SPECIAL
TAXES TO PAY FOR THE ACQUISITION OF CERTAIN FACILITIES IN
COMMUNITY FACILITIES DISTRICT NO. 2001-1 (SAN MIGUEL RANCH)
ITEMS PULLED FROM THE CONSENT CALENDAR
OTHER BUSINESS
13. CITY MANAGER'S REPORTS
A. Scheduling of meetings.
14. MAYOR'S REPORTS
15. COUNCIL COMMENTS
ADJOURNMENT to a Regular Meeting of October 2, 2001, at 4:00 p.m. in the Council
Chambers.
Page 7 - Council Agenda 09/25/01
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(llY OF
(HUlA VISTA
September 20, 2001
TO: The Honorable Mayor and City Council
FROM: David D. Rowlands,P'City Manager
SUBJECT: City Council Meeting of September 25, 2001
This will transmit the agenda and related materials for the regular City Council meeting
of Tuesday, September 25, 2001. Comments regarding the Written Communications
are as follows:
2A. This is a letter from the City Attorney stating that to the best of his knowledge from
the observance of actions taken in the Closed Session on September 18, 2001 in
which the City Attorney participated, that there were no reportable actions which
are required under the Brown Act to be reported.
2B. This is a letter and petition from the residents in the vicinity of Naples Avenue
between Broadway and Third Avenue requesting the City to provide sidewalks on
Naples Street. City funding for programs such as this is limited, many of the
missing improvements throughout the Montgomery area have been installed
through the use of assessment district financing and the City has, in the past,
successfully worked with other area property owners to provide such missing
improvements. Under the City's adopted assessment district procedures the City
has committed to pick up all of the engineering and inspection costs as well as any
required reconstruction of existing facilities making such projects more affordable
for the property owners. Participation by property owners in funding such
improvements usually results in the City Council's placing such cooperative
projects on a higher priority for use of the City's limited funding. Further, since the
assessment district has been extensively used in the past, to pursue a different
course of action in this situation could deter our ability to get future assessment
districts. THEREFORE, iT is RECOMMENDED THAT THIS LETTER BE
REFERRED TO THE ENGINEERING DIVISION OF THE PUBLIC WORKS
DEPARTMENT TO INITIATE THE PROCEEDINGS TOWARD SETTING UP AN
ASSESSMENT DISTRICT TO PROVIDE THE MISSING IMPROVEMENTS.
2C. This is a letter of resignation from Linda Navarro, member of the Town Centre
Project Area Committee. IT IS RECOMMENDED THAT THIS RESIGNATION BE
ACCEPTED WITH REGRET AND THE CITY CLERK BE DIRECTED TO POST
IMMEDIATELY IN ACCORDANCE WITH MADDY ACT REQUIREMENTS.
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CllY OF
CHUlA VISTA
OFFICE OF THE CITY ATTORNEY
Date: September 20, 2001
To: The Honorable Mayor and City Council
From: Glen R. Googins, Assistant City Att~
Re: Report Regarding Actions Taken in Closed Session
for the Meeting of 9/18/01
The Redevelopment Agency of the City of Chula Vista met in Closed
Session in a regular meeting on 9/18/01 to discuss:
. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO
GOVERNMENT CODE SECTION 54956.8
Property: Agency-owned parcels at the northwest corner of
Third Avenue and H Street
Negotiating Redevelopment Agency (Chris Salomone) and
Parties: Gateway Chula Vista, LLC (Jim pieri)
Under Revised price and terms for disposition/
Negotiations: acquisition
Property: Assessor Parcel No. 568-270-10 (315 Fourth Avenue)
Negotiating city Council (Sid Morris/Chris Salomone) and
Parties: South Bay Community Services (Kathryn Lembo)
Under
Negotiations: Lease terms
/A -I
276 FOURTH AVENUE. CHULA VISTA. CALIFORNIA 91910. (619) 691-5037. FAX (619) 409-5823
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Property: Assessor Parcel Nos. 568-270-03; 568-270-11
(approximately 2.85 acres located at the southeast
corner of Fourth Avenue and F Street)
Negotiating City Council/Redevelopment Agency (Sid Morris/Chris
Parties: Salomone) and Various Tenant Interests
Under
Negotiations: Lease terms
The Assistant City Attorney hereby reports to the best of his
knowledge from the observance of actions taken in the Closed
Session in which the City Attorney participated, that there were no
reportable actions which are required under the Brown Act to be
reported.
GRG: 19k
J, \Attorney\LETTER\CLOSED SESSION No Reportable.
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CITY OF CHULA VISrA
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Chula Vista, CA. 91911
Sept. 9. 2001 COUNCIL OFFICES
CHLILA VISTA.
To Mayor Shirley Horton,
City Council Members,
Patty Davis,
Stephen C. Padilla,
Jerry R. Rindone. and
Mary Salas:
We are enclosing parts of a petition which requests your
consideration to provide pavement for pedestrians in our area,
and copies of photos taken along Naples Street between
Broadway and Third Avenue, showing existing conditions.
Since we have no funding. the copies of 14 photos which we
had made are divided among the Mayor and Council Members.
To get a full view of the present walkways you will need to share
the copies, or take a walk with us and our grocery cart.
Naples Street is heavily populated in this neighborhood with
Apartments-Napoli, Villa Seville. The Meadows(Granjas Rd.),EI
Cortez, Cordova, Malibou South, and Naples Court -all housing
many families.
We are not asking for much--just one continuous paved
sidewalk on one side of the street, at least, please.
Representing a group wanting PAVEMENT FOR
PEDESTRIANS on Naples Street. Pedrestrians are taxpayers,
too.
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We residents of Chula Vista need curbs and paved sidewalks
on NAPLES STREET between Broadway and Third Avenue for
safety and convenience of pedestrians who walk here. The
existing conditions are not safe nor convenient. Between
Fourth Avenue and Fifth Avenue there are NO curbs nor paved
sidewalks.
If the City of Chula Vista cannot afford to provide paving on
both sides of NAPLES, can we at least have the dirt trails
between the existing pavement on the south side paved?
PEDESTRIANS ARE T AXPA YERS, TOO.
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We residents of Chula Vista need curbs and paved sidewalks
on NAPLES STREET between Broadway and Third Avenue for
safety and convenience of pedestrians who walk here. The
existing conditions are not safe nor convenient. Between
Fourth Avenue and Fifth Avenue there are NO curbs nor paved
sidewalks.
If the City of Chula Vista cannot afford to provide paving on
both sides of NAPLES, can we at least have the dirt trails
between the existing pavement on the south side paved?
PEDESTRIANS ARE TAXPAYERS, TOO.
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We residents of Chula Vista need curbs and paved sidewalks
on NAPLES STREET between Broadway and Third Avenue for
safety and convenience of pedestrians who walk here. The
existing conditions are not safe nor convenient. Between
Fourth Avenue and Fifth Avenue there are NO curbs nor paved
sidewalks.
If the City of Chula Vista cannot afford to provide paving on
both sides of NAPLES, can we at least have the dirt trails
between the existing pavement on the south side paved ?
PEDESTRIANS ARE TAXPAYERS, TOO.
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LøuIa 81l, .AI" ~
~rdLaw
g J'~ ~ RECEIVED (6/g) 425-/300
f5k/a fWa, f5~ g/g/o September 15, 2001 "01 SEP' 8 1\11 :2&g¡;-ær; (6/g) 425-8680
¡,~ ~~~~.~J~g
--.
Hon. Shirley Horton, Mayor
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Dear Mayor Horton,
It is with extreme reluctance and SOiTOW that I hereby resign my position on the
Town Centre Project Area Committee, as I must, as escrow closed last night at 5 p.ll. on
the sale of my office building at 264 "E" Street. Byron Estes advises meet that since I am
no longer a propelty owner in the Town Centre distrist, I must leave the board.
Should the City desire my service in another capacity, I should be pleased to serve.
VelY tlllly yours,
Linda R. Navano
LRN/as
cc: Byron Estes
~ ~ t ~ U jg~ ~;!i
B~
COUNCIL OFFICES
CHULA VISTA. CA
/e
..-. -- --"----"_"__m____..
~~
ORDINANCE NO. ß*"» ~
AN ORDINANCE OF THE CITY OF CHULA VISTA APP~A
FIRST AMENDMENT TO THE AMENDED AND ~ SOLID
WASTE DISPOSAL AND RECYCLING SERV FRANCHISE
AGREEMENT WITH PACIFIC WASTE SERVICES PROVIDING FOR
(1) A "VARIABLE RATE," UNIT PRICING STRUCTURE FOR
RESIDENTIAL SOLID WASTE DISPOSAL AND RECYCLING
SERVICES; (2) MODIFYING THE COMMERCIAL/INDUSTRIAL
RATE STRUCTURE'TO CREATE ADDITIONAL WASTE REDUCTION
AND RECYCLING INCENTIVES FOR LARGE COMMERCIAL AND
INDUSTRIAL GENERATORS; (3) MAKING OTHER RELATING OR
MINOR ADDITIONAL FRANCHISE MODIFICATIONS.
WHEREAS, City is a chartered city within the meaning of California
Constitution Article 11, Sections 3 and 5 and has reserved its powers
pursuant to California Public Resources Code Section 40000 et seq. to
grant an exclusive solid waste and recyclable franchise; and
WHEREAS, in 1982, pursuant to Articl~,XII of the City Charter and
Chapter 8.24 of the Chula Vista Municipal Code, City granted a solid
waste disposal franchise ("Original Franchise") to Chula Vista Sanitary
Service ("CVSS"); and
WHEREAS, since 1982, the Original Franchise has been amended as
follows: (1) Ordinance No. 2104, adopted February 28, 1985; (2)
Ordinance No. 2332, adopted September 12, 1989; (3) Ordinance No. 2427,
adopted December 4, 1990; (4) Ordinance No. 2429, adopted December 11,
1990; (5) Ordinance No. 2475, adopted September 3, 1991; (6) Ordinance
No- 2562, adopted July 20, 1993; (7) Ordinance No. 2569, adopted
September 21, 1993; and (8) Ordinance No. 2741 adopted August 11, 1998;
and
WHEREAS, on May 12, 1987, pursuant to City Council Resolution No.
13019, City approved an assigned of the Original Franchise to Laidlaw
Waste Systems, Inc. ("Laidlaw"); and
WHEREAS, on June 17, 1997, pursuant to City Council Resolution No.
18705, City conditionally approved Laidlaw's assignment of the Original
Franchise, as amended, to Pacific. One of the conditions of approval was
that Pacific enter into negotiations with City staff regarding various
City issues with the franchise prior to September, 1997 when the City was
scheduled to consider Pacific's request for a five-year renewal; and
d,-j
~
---------------------------.-
~(l> WHEREAS, on August 26, 1997, pursuant to City Council Resolution No.
j" ~ :tJ..,8763 , City approved a month-to-month extension of the Original Franchise
'~~i&ng further City review and consideration of Pacific's requested
five"y~~r renewal; and
WHEREAS' , (1?,-\'LAugus t 8, 1998, the City Council approved a franchise
renewal with paetf~ Waste on the terms and conditions of the current
Franchise Agreemenê; and
WHEREAS, effective July 1, 1999 City and Pacific entered into that
certain Amended And Restated Solid Waste Disposal And Recycling Franchise
Agreement ("original Agr'eement") The Original Agreement modified and
extended Pacific's exclusive franchise for solid waste disposal and
recycling services ("Franchise") within the City. The City Council
approved the Original Agreement on July 13, 1999, pursuant to its
adoption of Ordinance No, 2792,
WHEREAS, Section 7,3.3 of the Original Agreement required that
City and Pacific work together to develop a "Variable Rate Structure" for
"Small Quantity Generator" customers based on volume of waste generated
and automated service. To the extent possible a Variable Rate Structure
was to (1) establish new rates that would not increase Pacific revenues
above the then established corresponding revenue Rate base; (2) give
Pacific the benefit of operational efficiencies: (3) give City the
benefit of avoided disposal; and (4) establish operational and recycling
performance milestones that could result in Pacific sharing in the
benefits of avoided disposal, The final decision to implement a Variable
Rate Structure was subject to City Council approval in its sole
discretion.
WHEREAS, Pacific and City staff have been negotiating the terms
and conditions for a Variable Rate Structure since shortly after the
approval of those negotiations. These negotiations resulted in the
preparation of an amendment to the Franchise ("Amendment")
WHEREAS, this Amendment was considered by the City Council at a
properly noticed public hearing on September 18, 2001. Any and all
written and oral testimony with respect to the Amendment was heard and
considered by the City Council and the City Council approved placement of
the Amendment on first reading.
NOW, THEREFORE, the City Council of the City of Chula Vista does
hereby ordain as follows:
Section I: The First Amendment to Amended and Restated Solid
Waste Disposal and Recycling Franchise Agreement is hereby approved.
-, ,---,
, ,
SECTION II; The Mayor of the City of Chula Vista is hereby
authorized to execute the First Amendment Agreement on behalf of the City
of Chula Vista in substantially the form presented, with such minor, non-
substantive, modifications as may be approved or required by the City
Attorney.
SECTION I II; Staff is hereby authorized and directed to prepare
and present to the City Council for approval any and all necessary
amendments to Chapters 8.24 and 8.25 of the Chula Vista Municipal Code in
order to implement the Variable Rate program provided for in the
Amendment.
SECTION IV; This ordinance shall take effect and be in full force
on the thirtieth day from and after its adop~ion.
SECTION V; The City Clerk is hereby directed to publish a summary
of this ordinance in a newspaper of general circulation circulated in the
City of Chula Vista.
Presented by Approved as to form by
~ ì~~ \]'V\þ
MI~aCITam~
Conservation Coordinator
..;f-3
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..--- ..-- ""--'---"'--""........... .---
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 9/25/01
ITEM TITLE: Resolution Approving Final" A" Map No.1 for Otay
Ranch SPA One West, Village One West South, Chula Vista Tract No. 98-
06A. Accepting on behalf of the City of Chula Vista, a portion of Paseo
Ranchero Lot" L", all the easements granted on said map within said
subdivision. Acknowledging on behalf of the Public the Irrevocable Offers
of Dedication of Fee Interest for Open Space Lots "C", "D", "E", "F",
"G", and "H", and Lot "I" for Public Park Purposes, approving the
Subdivision Improvement Agreement for the completion of improvements
required by said subdivision, and authorizing the Mayor to execute said
agreement.
Resolution Approving "A" Map Supplemental
Subdivision Improvement Agreement for Chula Vista Tract No. 98-06A,
Village One West South, Otay Ranch SPA One West and authorizing the
Mayor to Execute Said Agreement
SUBMITTED BY: Dic,"'" of Pobli, w"" f ¿;L.- S
REVIEWED BY: City Manage~ (4/5ths Vote: Yes_NoX)
On April 24, 2001 by Resolution No. 2001-119, the City Council approved a Tentative
Subdivision Map for Chula Vista Tract 98-06A, Otay Ranch SPA One West, Village One West
South. Condition No. 15 of the Resolution requires the developer to submit and obtain the
approval of the City of a master final map ("A" Map) of the tentative map showing "super block"
lots. The "A" map is also required to show the public street dedications and backbone utility
easements required to serve the super block lots. All super block lots created are also required to
have access to a dedicated public street.
RECOMMENDATION: That Council approve the Resolution approving the Final" A" Map and
the" A" Map Supplemental Subdivision Improvement Agreement.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The project is generally located south of East Palomar Street and north of Olympic Parkway and
west of Paseo Ranchero within the area of Otay Ranch Village One West South.
-...-------....--.-- -.
Page 2, Item-
Meeting Date 9\25\01
Chula Vista Tract 98-06A, Otay Ranch SPA One West, Village One West South tentative map
consists of a total of six "Super Block" lots, (which will be further subdivided into 445 single
family units by subsequent "B" Maps), six public open space lots (30.286), one public
neighborhood park lot (P-13, 5.598 acres), one public school lot (10.055 acres). A plat of the
subdivision is attached herewith as Attachment 2.
The final map for said subdivision has been reviewed by the Public Works Department and found
to be in substantial conformance with the approved Tentative Map. Approval of the map
constitutes acceptance by the City of a portion of Paseo Ranchero Lot "L", all assignable and
irrevocable general access and utility easements, all public drainage easements within the
subdivision, all Pedestrian and Bicycle Easements, all Sidewalk Easements, and all Emergency
Access Easements. Approval of the map also constitutes acknowledgment on behalf of the public
of Irrevocable Offers of Dedication for Lot "I" for Public Park Purposes, Lots "C" through "G",
and "H" for Open Space. The developer has also offered a 5-acre parcel in Otay Ranch Village 2
to meet their Community Park dedication requirement.
Paseo Ranchero Dedication
All adjacent public streets have previously been dedicated except for a portion ofP aseo Ranchero,
Lot "L", which is being offered for dedication, and accepted on this map.
The developer has executed an "A" Map Supplemental Subdivision Improvement Agreement
which addresses several on-going conditions of the tentative map.
FISCAL IMPACT: None to the City. Developer has paid all costs associated with the proposed
" A" Map and agreement.
Attachments:
Attachment 1: Minutes of 4/24/01 (Resolution No. 2001-119)
Attachment 2: Plat - Chula Vista Tract 98-06A, Otay Ranch, Village One West South
Attachment 3: Developer's Disclosure Statement
J:IENGINEERIAGENDAIOR318Vl W ~MAPA1.113.DOC
Rt File No. 0600-80-0R318F
.- -. -- -'---"--'-'
ATTACHMENT...J....
PUBLIC HEARINGS (Continued)
B. RESOLUTION NO. 2001-118, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE
OTAY RANCH, SECTIONAL PLANNING AREA (SPA) ONE PLAN
MODIFYING NEIGHBORHOOD BOUNDARIES IN VILLAGE ONE WEST
C. ORDINANCE NO. 2834, ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE AMENDED OTAY RANCH,
SECTIONAL PLANNING AREA (SPA) ONE PLANNED COMMUNITY
DISTRICT REGULATIONS TO MODIFY THE ZONING DISTRICT MAP
FOR VILLAGE ONE WEST
D. RESOLUTION NO. 2001-119, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING A REVISED TENTATIVE
SUBDIVISION MAP FOR VILLAGE ONE WEST OF THE OTA Y RANCH,
SECTIONAL PLANNING AREA ONE PLAN, CHULA VISTA TRACT 98-
06A, AND MAKING THE NECESSARY FINDINGS
The motion carried 5-0.
ACTION ITEMS
14. CONSIDERATION OF ADOPTION OF A RESOLUTION ACCEPTING BIDS AND
AWARDING CONTRACT FOR THE FISCAL YEAR 2000/2001 PAVEMENT
REHABILITATION PROGRAM, AND AUTHORIZING THE DIRECTOR OF
PUBLIC WORKS TO APPROVE CONSTRUCTION CHANGE ORDERS FOR UP TO
20% OF THE CONTRACT AMOUNT
On March 28,2001, the Director of Public Works received sealed bids for the Fiscal Year
2000/2001 pavement rehabilitation program (Project STL-267). The work to be done
includes removal and repaving of selected street areas, cold milling, conventional asphalt
concrete pavement overlay, hot-poured crack sealing, emulsion aggregate slurry seal,
rubberized emulsion aggregate slurry seal, pavement reinforcing fabric, chip seal,
installation of pedestrian ramps, replacement of traffic signal loop detectors, traffic
control, pavement striping and marking, protection and restoration of existing
improvements, other miscellaneous items of work, and all labor, material, equipment, and
transportation necessary for the project. (Director of Public Works)
Director of Public Works Lippitt stated that the overlay project was being administered
according to two lists, A and B, with commencement of the A-list project first. For purposes of
this program only, Mr. Lippitt asked Council to amend the existing change order policy to
specifY that single change orders that exceed $50,000 require approval by both the City Manager
and Director of Public Works and subsequent ratification by the Council.
Councilmember Salas stated that she was familiar with a product that integrates rubber into the
aggregate, and she asked staff, for future projects, to explore whether there is a better product for
City streets that would not only extend the life of the streets but also utilize rubber tires, thereby
relieving the waste stream.
Page 8 - Council Minutes 04/24/01
.,,'u_----
ORAL COMMUNICATIONS
Virgil Pina, 654 Sea Vale Street, spoke regarding his Community Rights Enhancement Plan, the
focus and goal of which is to improve equal opportunity within the community by way of a bi-
annual public report by the City on topics such as records on minority contract awards; the hiring
of minority employees; and statistical information on police traffic stops of minorities. The plan
also includes the establishment of an independent civilian review board to monitor police
practices.
PUBLIC HEARINGS
13. CONSIDERATION OF APPROVAL OF AMENDMENTS TO THE SUNBOW II
SECTIONAL PLANNING AREA PLAN, THE OTAY RANCH, SECTIONAL
PLANNING AREA ONE PLAN AND PLANNED COMMUNITY DISTRICT
REGULATIONS, AND A REVISED TENTATIVE SUBDIVISION MAP FOR
VILLAGE ONE WEST OF THE OTA Y RANCH
The Otay Ranch Company has applied to amend the Otay Ranch SPA One Plan and
Sunbow II SPA Plan to adjust the boundary between the two master planned
communities and to subdivide the south portion of Village One West in Otay Ranch into
523 lots on approximately 147.7 acres ofland. (Director of Planning and Building)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Associate Planner Whipple presented the Otay Ranch revised Tentative Subdivison Map for
Village One West, illustrating the proposed amendments, which, he added, were consistent with
the Otay Ranch DDP policies.
Mayor Horton opened the public hearing.
Chuck Cater, 350 West Ash Street, San Diego, representing the Otay Ranch Company, spoke in
support of staff recommendations.
With no further members of the public wishing to speak, Mayor Horton closed the public
hearing.
ACTION: Councilmember Padilla offered Resolution Nos. 2001-117,2001-118, and 2001-
119 and Ordinance No. 2834 on first reading, headings read, texts waived:
A. RESOLUTION NO. 2001-117, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE
SUNBOW II SECTIONAL PLANNING AREA (SPA) PLAN TO ADJUST THE
EASTERLY SUNBOW II SPA BOUNDARY ADJUSTMENT WITH THE
OT A Y RANCH SPA ONE
Page 7 - Council Minutes 04/24/01
5EP-O4-2001 12:56 HUNSAKER 8. ASSOCIATES SD B5B 55B 4500 P. 02/02
ATTACHMENT NO. 2 SHEET 1 OF 1
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A Ti ACHMENT ~
'-
THE CITY OF CHULA VJ:STA DISCLOSURE STATEMENT
Pursuant to Coundl Policy 101-01, prior to any action upon matters which will require discretionary action by the Council,
Plaruúng Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial
interestS, paymentS. or campaign contributions for a City of ChuJa Vista election must be filed. The following information
must be disclosed:
L List the names of all persons having a financial interest in the property that is the subject of the application or the
contract, e.g., owner, applicant, contractor. subcontractor, material supplier.
Otav Pro;ect I..P.
2. If any person" identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with
a $1000 investment in the business (corporation/partnership) entity.
Jim Baldwin
Ai Baldwin
3. If any person" identified pursuant to (1) above is a non-profit organization or trust, list the names of any person
serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust.
4. Please identify every person, including any agentS, employees, consultants. or independent contractors you have
assigned to represent you before the City in this matter?
Jim Baldwin !Cont- '"on
Al Baldwin Ranie Bnnt:..r
Kim Kilkenny Chuck Cater Rnn ('~ø.,.nn
5. Has ;U;y 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~
-_. .-...----.----
If Yes, briefly describe rhe nature of the financial interest the official';'" may have in this contract?
6. Have you made a contribution of more than $250 within the past tWelve (12) months to a current member of the.
Chul2. Vista City CoW1cil? No ~ Yes ~ If yes, which Council member?
7. Have you or any member of your governing board (i.e. Corporate Board of DirectorslExecutives, non-profit Board
of Directors made contributions totaling more than $1,000 over the p~ four (4) years to a current member of the
ChuJa Vista City Council? Yes- NO-1L
If Yes, which Council member?
8. Have you provided more than $300 (or an item of equivalent value) to an official". of the City of Chula Vista in
the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gi{t, loan, etc.)
Yes- No--x-
If Yes, which official." and what was the Dature ofitern provided?
Date; ~/~kl S~/Appli-
é'~ -r. Ú7~_-
Print or type name of.Contractor/ApplicanL-
'" Person is deÎmed as: any individual, firm, co-partnership. joint venture, association, social club, fratcrnal org:mjzation,
CD1pOooon. estate. trost, receiver, syndicate, any other county, city, municipality, disnict, or other political subdivision, -or
any olhcr group or combination aCting as a unit.
"'* Officia1 includes. but is not limited to; Mayor. CoWlcii member, Planning CoIIImÍssioner. Member of a board. col1lIDi$sion.
or committee of the City, employee, or staff members.
H:\HOMElENGINEER\ADMINlCONTRACTlSTU5200.23 (Boil" Min)
3
RESOLUTION NO. 2001- -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VIST A APPROVING FINAL" A" MAP NO.1 FOR OT A Y RANCH SPA
ONE WEST, VILLAGE ONE WEST SOUTH, CHULA VISTA TRACT
NO. 98-06A. ACCEPTING ON BEHALF OF THE CITY OF CHULA
VISTA, A PORTION OF PASEO RANCHERO LOT "L", ALL THE
EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION.
ACKNOWLEDGING ON BEHALF OF THE PUBLIC THE
IRREVOCABLE OFFERS OF DEDICATION OF FEE INTEREST FOR
OPEN SPACE LOTS "C", "D", "E", "F", "G", AND "R", AND LOT
"I" FOR PUBLIC PARK PURPOSES 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 ofChula Vista
hereby finds that certain map survey entitled Chula Vista Tract 98-06A OT A Y RANCH, SPA ONE WEST,
VILLAGE ONE WEST SOUTH, "A" MAP NO.1, and more particularly described as follows:
Lot 7, 8, 9, "I", "K", and "L" of Chula Vista Tract No. 98-06, Otay Ranch,
Village One West "A" Map No. I, according to map thereof no. 14029,
together with the east halfofthe northeast quarter offractional quarter section
65 of Rancho De La Nacion, according to map thereof no. 166, together with
lot "W" ofChula Vista Tract No. 90-07, Sunbow Phase 2-B, Units 7 and 11,
according to map thereof no. 14077
Area: 148.237 Acres No. Of Lots: 19
Numbered Lots: 7 Lettered Lots: 12
Public Open Space Lots: 30.286 Acres
Public Park Lot: 5.598 Acres
Public School Lot: 10.055 Acres
is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map
and subdivision ofland shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED, said Council hereby accepts on behalf of the City of Chula
Vista a portion of Paseo Ranchero lot "L", and hereby accepts on behalf the City ofChula Vista the sixty-two
(62) foot wide general utility and access easements within Lots 1-7, "A", and "B" for installation of public
utilities, the Public Drainage and Access Easements, the Pedestrian and Bicycle Easements, the Sidewalk
Easements, the Emergency Access Easements and the Assignable and Irrevocable General Utility and
Access Easements, noting that use of said 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 thcreon
1
--.-. ..-.--.------...-...-.--.
BE IT FURTHER RESOLVED, said Council has acknowledged on behalf of the City ofChula
Vista the hTevocable Offers of Dedication of Fee Interest in lots "C", "D", "E", "F", "G", and "H", for
Public Open Space, and Lot "I" for Public Park Purposes, all as shown on this map within this subdivision
noting that Section 7050 of the Government Code of the State of California provides that an offer of
dcdication shall remain open and subject to future acceptance by the City.
BE IT FURTHER RESOLVED that the City Clerk of the City ofChula Vista be and she is
hereby authorized and directed to endorse upon said map the action of said Council; that said Council has
approved said subdivision map, and that those certain easements with the right of ingress and egress for
general utility, and general access, as granted thereon and shown on said map within said subdivision, are
accepted on behalf of the City of Chula Vista as herein above stated.
BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement dated
for the completion of improvements in said subdivision,
a copy of which shall be kept on file in the office of the City Clerk, is hereby approved.
BE IT FURTHER RESOLVED that City Clerk be and she is hereby directed to transmit said
map to the Clerk of the Board of Supervisors of the County of San Diego.
Presented by Approved as to form by
i~J7Jr~
John P. Lippitt John. aheny
Director of Public Works City Attorney
J:\attorney\reso\OR Amapviwsollth
2
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-...
Recording Requested by:
CITY CLERK
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula vista, Ca. 91910
No transfer tax is due as this is a conveyance
to a public agency of less than a fee interest
for which no cash consideration has been paid or
received.
Declarant
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day
of ------' 2001, by and between THE CITY OF CHULA
VISTA, a municipal corporation, hereinafter called "City", and
OTAY PROJECT, L. P., 350 West Ash Street, Suite 730, San Diego,
CA 92101, hereinafter called "Subdivider" with reference to the
facts set forth below, which Recitals constitute a part of this
Agreement;
RECITALS:
WHEREAS, Subdivider is about to present to the city Council
of the city of Chula vista for approval and recordation, a final
subdivision map of a proposed subdivision, to be known as OTAY
RANCH, VILLAGE ONE WEST SOUTH BACKBONE IMPROVEMENTS (CVT 98-
06A), 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
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security to insure the performance of said work pursuant to the
requirements of Title 18 of the Chula Vista Municipal Code,
agreeing to install and complete, free of liens at Subdivider's
own expense, all of the public improvements and/or land
development work required in said subdivision within a definite
period of time prescribed by said Council; and
WHEREAS, Subdivider is willing in consideration of the
approval and recordation of said map by the Council, to enter
into this agreement wherein it is provided that Subdivider will
install and complete, at Subdivider's own expense, all the
public improvement work required by City in connection with the
proposed subdivision and will deliver to City improvement
securities as approved by the City Attorney; and
WHEREAS, a tentative map of said subdivision has heretofore
been approved, subject to certain requirements and conditions,
as contained in Resolution No. 2001-119, approved on the 24th
day of April, 2001 ("Tentative Map Resolution"); and
WHEREAS, complete plans and specifications for the
construction, installation and completion of said public
improvement work have been prepared and submitted to the city
Engineer, as shown on Drawing Nos. 01041-01 through 01041-10
inclusive, on file in the office of the city Engineer; and
WHEREAS, an estimate of the cost of constructing said
public improvements according to said plans and specifications
has been submitted and approved by the City in the amount of ONE
MILLION EIGHTY-NINE THOUSAND SEVENTY-TWO DOLLARS AND NO CENTS
($1,089,072.00).
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
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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 annlversary 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-FOUR THOUSAND FIVE HUNDRED THIRTY-SIX
DOLLARS AND NO CENTS ($544,536.00) which security shall
guarantee the faithful performance of this contract by
Subdivider and is attached hereto, marked Exhibit "A" and made a
part hereof.
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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-FOUR THOUSAND FIVE HUNDRED THIRTY-SIX
DOLLARS ($544,536.00) to secure the payment of material and
labor in connection with the installation of said public
improvements, which security is attached hereto, marked Exhibit
"E" and made a part hereof and the bond amounts as contained in
Exhibit "E", 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 SIXTY-FIVE THOUSAND DOLLARS AND NO CENTS ($65,000) 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
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of Title 18 of the Chula vista Municipal Code.
11. It is further understood and agreed by Subdivider that
any engineering costs (including plan checking, inspection,
materials furnished and other incidental expenses) incurred by
city in connection with the approval of the Improvement Work
plans and installation of Improvement Work hereinabove provided
for, and the cost of street signs and street trees as required
by city and approved by the City Engineer shall be paid by
Subdivider, and that Subdivider shall deposit, prior to
recordation of the Final Map, with City a sum of money
sufficient to cover said cost.
12. It is understood and agreed that until such time as
all Improvement Work is fully completed and accepted by city,
Subdivider will be responsible for the care, maintenance of, and
any damage to, the streets, alleys, easements, water and sewer
lines within the proposed subdivision. It is further understood
and agreed that Subdivider shall guarantee all public
improvements for a period of one year from date of final
acceptance and correct any and all defects or deficiencies
arising during said period as a result of the acts or omission
of Subdivider, its agents or employees in the performance of
this agreement, and that upon acceptance of the work by city,
Subdivider shall grant to City, by appropriate conveyance, the
public improvements constructed pursuant to this agreement;
provided, however, that said acceptance shall not constitute a
waiver of defects by city as set forth hereinabove.
13. It is understood and agreed that City, as indemnitee,
or any officer or employee thereof, shall not be liable for any
injury to person or property occasioned by reason of the acts or
omissions of Subdivider, its agents or employees, or indemnitee,
related to this agreement. Subdivider further agrees to protect
and hold the City, its officers and employees, harmless from any
and all claims, demands, causes of action, liability or loss of
any sort, because of or arising out of acts or omissions of
Subdivider, its agents or employees, or indemnitee, related to
this agreement, provided, however, that the approved improvement
security shall not be required to cover the provisions of this
paragraph. Such indemnification and agreement to hold harmless
shall extend to damages to adjacent or downstream properties or
the taking of property from owners of such adjacent or
downstream properties as a result of the construction of said
subdivision and the public improvements as provided herein. It
shall also extend to damages resulting from diversion of waters,
change in the volume of flow, modification of the velocity of
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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
lnsurer 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.
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SIGNATURE PAGE TO SUBDIVISION IMPROVEMENT AGREEMENT
FOR OTAY RANCH, VILLAGE ONE WEST SOUTH
BACKBONE IMPROVEMENTS (CVT 98-06A)
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 OTAY PROJECT, L.P.
C~
Mayor of the city of Chula
vista
ATTEST
city Clerk
Approved as to form by
~'~
cit torney
(Attach Notary Acknowledgment)
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of California } ss
County of 5'..."" 1::v4!âð
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On ~7 /<>/ --, before me, H~r~~ "V4'~Mtf ¿"'V<H¡J I AIð~ ".:v"'l.f0l
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personally appeared ~~ T.~,
Neme"1 of S'O"','1
l..-¡-personally known to me
I proved to me on the basis of satisfactory
evidence
~ ~ ~ ~ - M:R;? L~C;N-; 7"O;'T~ J to be the personts) whose name(37 is/¡¡¡;e
Commission # 1260466 subscribed to the within instrument and
~ Notary Public - Colifornla ~ acknowledged to me that he/~y executed
) Son Diego County f the same in his/I;¡o¡rftheir authorized
MyComm. i'J<ptesApr13,2IDI capacity(j.¡¡.s), and thaI by his~
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signature(sj"on the instrument the person(~or
the entity upon behalf of which the person(.)
acted, executed the instrument.
PI", No'"y S'oIAb",
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document
Description of Attached Document (// ~J)
Title or Type of Document: __1/~- -
Document Date: ~---~- -- Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name: ---
Individual .
Top 01 ;homO hem
Corporate Officer ._" Tille(s): -- -----~
U Partner-II Limited ¡General
Attorney in Fact
II Trustee
Guardian or Conservator
Other' ---
Signer Is Representing: ----- ----
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LIST OF EXHIBITS
Exhibit "A" Improvement Security - Faithful Performance
Form: Bond
Amount: $544,536.00
Exhibit "B" Improvement Security - Material and Labor:
Form: Bond
Amount: $544,536.00
Exhibit "C" Improvement Security - Monuments:
Form: Bond
Amount: $65,000.00
Securities approved as to form and amount by
~1}t\C~
City Attorney~
Improvement Completion Date: Two (2) years from date of City
Council approval of the
Subdivision Improvement Agreement
H, IhDme lat tDrneyl cia \VIW"tSouth Baokbone
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3-17:
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING "Au MAP SUPPLEMENTAL
SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA
VISTA TRACT NO. 98-06A, VILLAGE ONE WEST
SOUTH, OTAY RANCH SPA ONE WEST, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
WHEREAS, the developer has executed an "AU Map
Supplemental Subdivision Improvement Agreement which addresses
several on-going conditions of the tentative map.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby approve the "AU Map Supplemental
Subdivision Improvement Agreement for Chula Vista Tract No. 98-06A,
Village One West South, Otay Ranch SPA One West, 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
JO~ (~
John P. Lippitt
Director of Public Works City Attorney
[HIHOMEIATTORNEYIRESQI,,¡, Vm'ge Ooe We" {Septembe, 17. 2001 (123PM)]
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.. ..-.------.. . '___.m ..----..---
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 recelveo. )
)
)
)
Developer
)
Above Space for Recorder's Use
VILLAGE ONE WEST (SOUTH) OF THE OTAY RANCH PROJECT
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
(Conditions 1, 2, 3, 4, 5, 8, 9, 10, 11, 17, 19, 20, 21, 24, 25,
26, 35, 36, 37, 43, 46, 58, 63, 72, 73 a and b, 75, 78, 80 a, b,
e and f, 82, 83, 90, 102, 103, 104, 106, 109, 113, 114, 115, 116,
117, 118, 119, 121, 122, 123, 124 and 126
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 OTAY PROJECT L. P ., a California
Limited Partnership, ("Developer" or "Grantor"), with reference
to the facts set forth below, which recitals constitute a part of
this Agreemen.t:
RECITALS
A. This Agreement concerns and affects certain real
property located in Chula Vista, California, more particularly
described on Exhibit "A" attached hereto and incorporated herein
("Property"). The Property is within approved revised Tentative
Subdivision Map Chula Vista Tract 98-06A (Resolution No. 2001-119
"Resolution" , which project is commonly known as Village One
West (South), of the Otay Ranch Project, Sectional Planning Area
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1
3-2<7
One (SPA One), and a portion of Chula Vista Tract 98-06 (appyoved
on August 17, 1999 by Resolution No. 19572). For purposes cf this
Agreement the term "Project" shall also mean "Propert:y".
C. Developer and/or Developer's predecessor in interest
has applied for and the City has approved Tentative Subdivision
Map commonly referred to as Chula vista Tract 98-06A ("Tentative
Subdivision Map") for the subdivision of the Property.
D. The City has adopted Resolution No. 2001-119
("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 fin,,-l map for which
Developer has applied as being in substantial conformance with
the Tentative Subdivision Map described in this Agreement.
Developer understands that subsequent final maps may be subject
to the same security terms and conditions contained herein.
F. The following defined terms shall have the meaning set
forth herein, unless otherwise specifically indicated:
1. For purposes of this Agreement, "B" Map means any
final map subsequent to this "A" Map and within the "A" Map
boundaries.
2. "Commencing Construction" means when a construction
permit or other such approval has been obtained from the City or
a construction contract has been awarded for the improvement,
whichever occurs first.
3. "Complete Construction" means when construction on
said improvement has been completed and the City accepts the
improvement.
4. "Owner or Developer" means the person, persons or
entity having a legal or an equitable interest in the property or
parts thereof and includes Owner's successors-in-interest and
assignors of any property within the boundaries of the map. This
includes Otay Project, L.P. and any and all owners of real
property within the boundaries of the Property.
5. "Guest Builder" means those entities obtaining any
interest in the Property or a portion of the Property, after the
"A" Map has been recorded.
6. "PFFP" means the SPA One Public Facilities Financing
Plan adopted by Resolution No. 18286, as amended by Resolution No.
19408 and as may be further amended from time to time.
'\hgmmen"W" 900," 99,^.F~n^, doc
2
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7. "my!p 2" means the Otay Ranch Resource Managemenr
Plan, Phase 2, approved by the City Council on June 4, 1996, as
amended on July 20, 1999 by Resolution No. 19538 and as may be
further amended from time to rime.
8. "Preserve/Owner Manager" is the entity or entities
defined by the RMP 2 with the duties and responsibilities
described therein.
9. "Parks Master Plan" means the City-wide Parks Master
Plan, subject to future City Council approval.
10. "Otay Ranch Parks Agreement" means the agreement
perraining to the construction of parks in Otay Ranch SPA One,
McMillin Lomas Verdes and Otay Ranch adopted by Resolution No.
19636 as may be amended from time to time.
11. "Backbone Improvement Plans" means all the onsite and
offsite improvements required to serve the lots created by the
"A" Map, in accordance with improvement plans to be approved by
the City. Said improvements shall include, but not limited to,
asphalt concrete pavement, base, concrete curb, gutter and
sidewalk, sewer, reclaimed and potable water utilities, drainage
facilities, street lights, signage, landscaping, irrigation,
fencing and fire hydrants.
12. "SPF, One Plan" means the Otay Ranch Sectional
Planning Area Plan as adopted by the City Council on June 4, 1996
pursuant to Resolution No. 18286 and amended on February 16, 1999
by Resolution No. 19376.
13. "Olympic Parkway Agreement" means the Agreement for
the Financing and Construction of Olympic Parkway and Related
Roadway Improvements approved by the City Council on April 20,
1999 by Resolution No. 19410.
14. "?esolution" means City Council Resolution No. 2001-
119 approving a Tentative Map for Village One West (South) Chula
Vista Tract No. 98-06A.
15. "Conveyance ,Zlgreement" means the Agreement for
Im)Clementatié)n of the Otay Ranch Phase 2 Resource Management Plan
as it ::celaces to the Conveyance of Land to the Otay Ranch
Preserve/Owner Manager Attendant to Otay Ranch SPA One, adopted
by Resoluëion No, 18416 by che Cicy Council on August 20, 1996,
NOW, THEREFORE, in exchange for the mutual covenants, terms and
conditions herein contained, the parties agree as set forth
below.
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3
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1. Agreement Applicable to Subsequent Owners.
a. Agreement Binding Upon Successors. This Agreement
shall be binding upon and inure to the benefit of the successors,
assigns and interests of the parties as to any or all of the
Property as described on Exhibit "An until released by the mutual
consent of the parties.
b. Agreement Runs with the Land. The burden of the
covenants contained in this Agreement ("Burden") is for the
benefit of the Property and the City, its successors and assigns
and any successor in interest thereto. City is deemed the
beneficiary of such covenants for and in its own right and for
the purposes of protecting the interest of the community and
other parties public or private, in whose favor and for whose
benefit of such covenants running with the land have been
provided without regard to whether City has been, remained or are
owners of any particular land or interest therein. If such
cøvenants are breached, the City shall have the right to exercise
all rights and remedies and to maintain any actions or suits at
law or In equity or other proper proceedings to enforce the
curing of such breach to which it or any other beneficiaries of
this agreement and the covenants may be entitled.
c. Developer Release on Guest Builder Assignments. If
Developer assigns any portion of the Project to a Guest Builder,
Developer may request to be released from Developer's obligations
under this Agreement, that are expressly assumed by the Guest
Builder, provided Developer obtains the prior written consent of
the City to such release. Such assignment to the Guest Builder
shall, however, be subject to this Agreement and the Burden 0::
this Agreement shall remain a covenant running with the land.
The City shall not withhold ics consent to any such request for a
release so long as the assignee acknowledges that the Burden of
the Agreement runs with the land, assumes the obligations of the
Developer under this Agreement, and demonstrates, to the
satisfaction of the City, its ability to perform its obligations
under this Agreement as it relates to the portion of the Project
which is being acquired by the Assignee.
d. Partial Release of Developer's Assignees. If
Developer assigns any portion of the Project subject to the
Burden of this Agreement, upon request by the Developer or its
assignee, the City shall release the assignee of the Burden of
this Agreement as to such assigned portion if such portion has
complied with the requirements of this Agreement to the
satisfaction of the City and such partial release will not, in
the opinion of the City, jeopardize the likelihood that the
remainder of the Burden will not be completed.
e. Release of Individual Lots. Upon the occurrence of
"',mIDO"",V," Sou," CO"."mLdoc
4
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-------- ..~ -------
any of the following events, Developer shall, upon reoeipt of the
prior written consent of the City Manager ior Manager's
designee), have the right to release any lotis) from Developer's
obligation under this Agreement:
i. The exeoution of a purchase agreement for the
sale of a residential lot to a buyer of an individual housing
unit;
ii. The conveyanoe of a loc to a Homeowner's
Association;
iii. The oonveyance of a school site as identified
in the SPA One Plan to a school district;
The City shall not withhold its consent to suoh
release so long as the City finds in good faith that such release
will not jeopardize the City's assuranoe that the obligations set
forth in this Agreement will be performed. At the request of the
Developer, the City Manager (or Manager's designee) shall execute
an instrument drafted by Developer in a recordable form
acceptable to the City Manager ior Manager's designee), which
confirms the release of such lot or parcel from the encumbrance
of this Agreement.
Notwithstanding the foregoing, at the close of an
individual homeowner's escrow on any lot or parcel encumbered by
this Agreement, such lot or parcel shall be automatioally
released from the encumbrance hereof.
2. Condition No. 1 (General Preliminary). In partial
satisfaction of Condition 1 of the Resolution, Developer hereby
agrees, co comply with the requirements and guidelines of the
Otay Ranch General Development Plan (GD?) , the SPA One Parks,
Recreation, Open Space and Trails Plan, the Public Facilities
Financing Plan ("PFFP") , Ranch-Wide Affordable Housing Plan, SPA
One Affordable Housing Plan, and the SPA One Non-Renewable Energy
Conservation Plan, as may be amended from time to time, and shall
remain in compliance with and implement the terms, conditions and
provisions of said documents.
3. Condition No. 2 (General Preliminary). In
satisfactior. of Condition No. 2 of the Resolution the Developer
hereby agrees that all of the terms, covenants and conditions
contained heocein shall be binding upon and inure to the benefit
of the heiocs, successors, assigns and representatives of the
Developer as to any or all of the Property.
4. Condition No. 3 - (General preliminary) In partial
satisfaction of Condition No. 3 of the Resolution, Developer
c \Ag~e"memW" CMh "'H>Eòl.àOO
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hereby agrees that if any of the terms, covenants or condic:ions
contained within the Resolution shall fail to occur or if they
are, by their terms, to be implemented and maintained over time,
if any of such conditions fail to be so implemented and
maintained according to their terms, the City shall have the
right to deny the issuance of building permits for the Project,
deny, or further condition the subsequent approvals that are
derived from the approvals herein granted, institute and
prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. The Developer
shall be notified ten (10) days in advance prior to any of the
above actions being taken by the City and shall be given the
opportunity to remedy any deficiencies identified by the City
within a reasonable period of time.
5. Condition No. 4 (General Preliminary). In partial
satisfaction of Condition No. 4 of the Resolution, Developer
hereby agrees to indemnify, protect, defend and hold the City
harmless from and against any and all claims, liabilities and
costs, including attorney's fees, arising from challenges to the
Environmental Impact Report for the Project and/or any or all
entitlements and approvals issued by the City in connection with
the Project.
6. Condition No. 5 (General preliminary). In partial
satisfaction of Condition 5 of the Resolution, Developer hereby
agrees, thac Developer shall comply with all applicable SPA One
conditions of approval, as may be amended from time to time.
7. Condition Nos. 8, 10 and 11- (Conveyance Obligation).
In partial satisfaction of Condition Nos. 8, 10 and 11, the
Developer agrees as follows:
a. Prior to approval of each "E" Map the Developer
shall be in compliance with all applicable requirements of the
Otay Ranch Resource Preserve Conveyance Plan (adopted June 4,
1996 by Resolution No. 18286), the Conveyance Agreement and the
RM? 2.
b. Prior to approval of the first "E" Map, Developer
shall convey open space land in accordance with the RMP 2 for all
applicable backbone street lots, open space lots, and park lots
as shown on the "A" Map.
c. Developer acknowledges that property within the
boundaries cf the "A" Map, which will be the subject of future
final maps or parcel maps may have conveyance obligations to
fulfill for all development areas, including applicable streets,
open space lots.
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8. Condi tion No. 9 - (CEQA). In satisfaction of Condition
No. 9 of the resolution, Prior to approval of each final "B" Map,
the Developer shall implement all applicable mitigation measures
identified in EIR 95-01, subsequent EIR 97-03, the CEQA Findings
of Fact for this Project (on file in the City Clerk's Office as
Document No. CO96-056 and Resolution No.18286) and the Mitigation
Monitoring and Reporting Program (on file in the City Clerk's
Office as Document No. CO96-057 and Resolution Nos. 18284 and
18285) .
9. Condition No. 17 (Oversizing of Improvements). In
partial satisfaction of Condition No. 17 of the Resolution, the
Developer agrees that in the event of a filing of a final "B" map
which requires oversizing of the improvements necessary to serve
other properties, said final map shall be required to install all
necessary improvements to serve the proj ect plus the necessary
oversizing of facilities required to serve such other properties
(in accordance with the restrictions of state law and City
ordinances).
10. Condition No. 19 (Privately Maintained Slopes). In
partial satisfaction of Condition No. 19 of the Resolution, the
Developer agrees that, in addition to the requirements outlined in
the City of Chula Vista Landscape Manual, privately maintained
slopes in excess of 25 feet in height shall be landscaped and
irrigated to soften their appearance as follows: one 5-gallon or
larger size tree per each 150 square feet of slope area, one 1-
gallon or larger size shrub per each 100 square feet of slope
area, and appropriate groundcover. Developer further agrees that
trees and shrubs shall be planted in staggered clusters to soften
and vary the slope plane. Landscape and irrigation plans for
private slopes shall be reviewed and approved by the Director of
Parks and Recreation prior to approval of ;:he appropriate final
map.
11. Condition No. 20 - (Wall Plan). In partial satisfaction
of Condition No. 20 of the Resolution, prior to approval of the
first final "B" Map for the Project the Developer shall submit to
and obtain the approval of the Director of Planning and Building,
of the following:
a. A revised acoustical analysis indicating if view
fencing, such as a combination of masonry and wrought iron, is
allowable at the ends of cul-de-sacs and other lots backing up to,
East Palomar Street, Olympic Parkway, and Paseo Ranchero.
Developer agrees that if such fencing is allowable per the final
acoustical analysis, it shall be provided at the ends of such
streets as determined by the Directors of Public Works and
Planning and Building. Developer further agrees that view fencing
shall be provided by Developer at the ends of all other open cul-
de-sacs where a sound wall is not required and that any
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combination free standing/retaining walls shall not exceed 8.5
feet in height.
b. Submit to the City a detail and/or cross section of
the maximum/minimum conditions for all "combination walls" which
include retaining and free standing walls. Developer acknowledges
and agrees that the maximum height of all retaining walls shall be
2.5 feet in height when combined with freestanding walls, which
are six feet in height and a 2-3 foot separation shall be provided
between free standing and retaining walls where the combined
height would otherwise exceed 8.5 feet.
c. A comprehensive wall plan for the Project, except
for lots #16-#29 in Neighborhood R-54, indicating color,
materials, height and locations.
12. Condi tion No. 21 - (Wall Plan for Neighborhood R-54 and
Maintenance Agreement). In partial satisfaction of Condition No.
21 of the Resolution, within 60 days of approval of this Agreement
the Developer shall submit to and obtain the approval of the
Directors of Planning and Building and Parks and Recreation, plans
for the design of walls within lots 16 through 29 in Neighborhood
R-54 of the Project. The Developer shall construct the approved
walls, which shall be a maximum of 6 feet in height, prior to
issuance of building permits for said lots. Developer acknowledges
and agrees that said walls and related footings shall not be
located on park property. The Developer hereby agrees that,
pursuant to a revocable license hereby issued by the City to the
Otay Ranch Three Community Association ("Community Association")
granting the right to enter Park P-13 for purposes of wall
maintenance, the Community Association shall maintain the wall as
an improvement within Covered Property pursuant to the Declaration
of Covenants, Conditions and Restrictions of said Community
Association. including graffiti removal from the side of the wall
fronting Park P-13
13. Condition No. 24 and 26 - (streets, right-of-way and
public improvements). In partial satisfaction of Condition Nos.
24, and 26 of the Resolution Developer hereby agrees as follows:
a. On-site Public Improvements
Developer agrees to construct the Street and Land Development
Improvements ("Improvements") in and adjoining said subdivision
and as shown on the Drawings set forth on Exhibits "B" ( "Street
and Public Improvements"), at its own expense, without any cost
to the City, in a good and workmanlike manner, under the
direction and to the satisfaction and approval of the City
Engineer. Developer further agrees to furnish the necessary
materials therefor; all in strict conformity and in accordance
with the plans and specifications, which documents have
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heretofore been filed in the Office of the City Engineer and by
this reference are incorporated herein and made a part hereof.
Developer shall complete construction of the Improvements on or
before the earlier of the second anniversary date of Council
approval of this Agreement or, if prior to Council approval of
this agreement, a construction permit was issued for any portion
of said Improvements, then construction on that portion for which
a permit was issued shall be completed on or before the second
anniversary date of issuance of said permit. It is expressly
understood and agreed to by Developer that, in the performance of
construction of said Improvements, Developer shall conform to and
abide by all of the provisions of the ordinances of the City of
Chula Vista, and the laws of the State of California applicable
to said work.
i. Bonding.
1. Developer agrees to furnish and deliver
to the City of Chula Vista, simultaneously with the execution of
this Agreement, and to thereafter maintain until City acceptance
of the work referenced herein, an approved improvement security
from a sufficient surety, whose sufficiency has been approved by
the City Engineer and City Attorney in the sums as He!: forth on
Exhibit "B", which security shall guarantee the faithful
performance in connection with the installation of the
Improvements as shown on Exhibit "B"
2. Developer agrees to furnish and deliver
to the City of Chula Vista simultaneously with the execution of
this Agreement, and to thereafter maintain until City acceptance
of the work referenced herein, an approved improvement security
from a sufficient surety, whose sufficiency has been approved by
the City Engineer and City Attorney in the sums as set forth on
Exhibit "B" to secure the payment of material and labor in
connection with the installation of said Improvements, which
security is shown on Exhibit "B".
3. Developer acknowledges and agrees that if
the Improvements are not completed within the time agreed herein,
the sums provided by said improvement securities may be used by
City for the completion of the Street Improvements in accordance
with those approved plans and specifications contained on Exhibit
"B", or at the option of the City, for those improvements shown
on Exhibit "B" that are less than, but not greater to, the sums
provided by said improvement securities. Upon certification of
completion by the City Engineer and acceptance of said work by
City, and after certification by the Director of Finance that all
costs hereof are fully paid, the whole amount, or any part
thereof not required for payment thereof, may be released to the
Developer or its successors in interest, pursuant to the terms of
the improvement security. Developer agrees to pay to the City
any difference between the total costs incurred to perform the
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work, including limited and reasonable design and administration
of construccion in substantial conformance with the approved
plans (including a reasonable allocation of overhead), and any
proceeds from the improvement security.
ii. Developer's Costs and Expenses. It is also
expressly agreed and understood by the parties hereto that in no
case will the City of Chula Vista, or any department, board or
officer thereof, be liable for any portion of the costs and
expenses of the work aforesaid, nor shall the City or the City's
officer, sureties or bondsmen, be liable for the payment of any
sum or sums for said work or any materials furnished therefor.
Hi. Plan Check fees and Additional Costs. It is
further understood and agreed by Developer that any engineering
costs (including plan checking, inspection, materials furnished
and other incidental expenses) incurred by City in connection
with the approval of the Street Improvements plans and
installation of Street Improvements described above, as required
by City and approved by the City Engineer shall be paid by
Developer, and that Developer shall deposit, prior to recordation
of this "AU Map, with City a sum of money sufficient to cover
said cost.
iv. Maintenance Costs. Developer understands
and agrees that until such time as all of the Improvements as
covered by any particular bond are fully completed and accepted
by City, Developer shall be responsible for the care, maintenance
of, and any damage to, such streets and any alleys, easements,
water and sewer lines. Ü is further understood and agreed that
Developer shall guarantee all of the Street Improvements for a
period of one year from date of final acceptance and correct any
and all defects or deficiencies ayising duying said period as a
result of the acts or omission of Developer, its agents or
employees i:l the performance of this Agreement, and that upon
acceptance of the work by City, Developer shall grant to City, by
appropriate conveyance, the public improvements constructed
pursuant tc this agreement; provided, however, that said
acceptance shall not constitute a walver of defects by City as
set forth hereinabove.
b. Indemnification Developer further
understands and agrees that City, (as "Indemnitee") or any
officer or employee thereof, shall not be liable for any bodily
injury, dea::h, or property damage, including thereto hazardous
materials and property takings claims occasioned by reason of the
acts omissions of Developer, its subcontractors or suppliers, its
agents or employees, or Indemnitee (which are not the result of
Indemnitee's sole negligence or willful misconduct), related to
the construction of the Improvements. Developer further agrees
to defend, indemnify, protect and hold the Indemnitee, its
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officers and employees, harmless from any and all claims,
demands, causes of acteion, liability, costes and expense
(including witehout limitation, reasonable attorney's fees) or
loss for bodily injury, death or property damages, including
thereto hazardous materials and property takings claims because
of or arising out of Developer's construction of the Improvements
or the acts or omissions of Developer, its subcontractors or
suppliers, its agents or employees, or Indemnitee, related
thereto; provided, however, that Developer shall have no
obligation to indemnify, defend, protect or hold Indemnitee or
any officer or employee thereof harmless from any such losses,
claims, demands, causes of action, liability, damages, costs or
expenses which arise out of the sole negligence or willful
misconduct of the Indemnitee or any officer or employee thereof.
Developer further agrees to defend, indemnify, protect and hold
the Indemnitee, its officers and employees, harmless from any and
all claims, demands, causes of action, liability, cost and
expense (including without limitation, reasonable attorney's
fees) made or incurred by such third parties pursuant to or
arising out of contracts entered into by such third parties with
or on behalf of Developer or its successors, assigns or agents
concerning construction of the Improvements provided, however,
that Developer shall have no obligation to indemnify, defend or
hold Indemnitee or any officer or employee thereof harmless from
any such losses, claims, demands, damages, causes of action,
liabili ty, costs and expenses to the extent that they have arisen
due to the sole negligence or willful misconduct of Indemnitee or
any officer or employee thereof. The improvement securities
referred to above shall not cover the provisions of this
paragraph. Such indemnification and agreement to hold harmless
shall extend to damages to adjacent or downstream properties or
the taking of property from owners of such adjacent or downstream
properties as a result of construction of the Improvements as
provided herein. It shall also extend to damages resulting from
diversion of waters, change in the volume of flow, modification
of the velocity of the water, erosion or siltation, or the
modification of the point of discharge as the result of
construction of the Improvements. The approval of plans for the
Improvements shall not constitute the assumption by City of any
responsibility for such damage or taking, nor shall City, by said
approval, be an insurer or surety for said work and related
improvements. The provisions of this paragraph shall become
effective upon the execution of this Agreement and shall remain
in full foTce and effect for ten (10) years following the
acceptance by the City of the Improvements.
14. Condition No. 25 (Neighborhood Park Access). In
partial satisfaction of Condition No. 25 of the Resolution, the
Developer shall:
Q. ?rior to issuance of a construction permit for Park
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P-l3, construct at Developer's own expense, temporary all-weather
construction access to the park site from East Palomar Street to
the satisfaction of the City Engineer.
b. Prior to City's issuance of a construction permi t
for Park P-l3 and in conjunction with Chula Vista Elementary
School District's ("District") acquisition of the adjacent school
site (Lot "V" of Sunbow II Map No. 14077) negotiate in good faith
with the District and the City to reach an agreement for either
joint use of the permanent access from East Palomar Street to the
park and school site, or to dedicate the necessary right-of-way to
make the access a public street. Should the parties fail to reach
a mutually acceptable agreement for j oint access, the Developer
shall, at its own expense, provide access to the park site to the
satisfaction of the Director of Parks and Recreation.
c. The Developer hereby further acknowledges and agrees that
the costs for the full improvement of the access shall not be
reimbursable as a park construction expense, such improvements
shall include but not be limited to: a median break and traffic
signals on East Palomar Street, the grading required to construct
the access, the temporary construction access to the park site or
any cost to obtain right -of -way, if necessary. Developer further
acknowledges and agrees that none of these costs shall be credited
towards payment of Park Acquisition and Development fees for the
Project.
15. Condition No. 35 (Transit Facilities). In partial
satisfaction of Condition No. 35 of the Resolution, the Developer
agrees
a. to fund traDsit stop facilities for the Project
upon the reqJest of the Director of Public Works. The improvement
plans for said stops shall be prepared in accordance with the
transit stop details described in the village Design Plan
(approved on February 16, 1999 by Resolution 19376) and approved
by the Directors of Planning and Building and Public Works.
b. not to protest the formation of any future
regional benefit assessment district to finance the MTDB San Diego
Trolley LRT System.
16. Condi tion No. 36 - (Street Tree Improvement Plan). In
partial satisfaction of Condition No.36 of the Resolution, the
Developer agrees:
a. Prior to issuance of the first building permit
within the Project, to obtain approval from the Director of
Planning and Building and the City Engineer of a separate street
tree improvement plan for the Backbone Improvement Plans which
includes the final selection of trees, the location of trees
within the parkway, and in relation to water laterals, sewer
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laterals, dry utilities, driveways, inlets and pedestrian ramps.
Developer further acknowledges and agyees that the City shall
withhold the issuance of building permits within the "A" Map if
the street tyee improvement plan is not approved.
b. Upon request of the Director of Planning and
Building, to plant within all street parkways, trees which have
been selected from the revised list of appropriate tree species
described in the Village Design Plan which shall be approved by
the Directors of Planning and Building and Public Works. The
Developer further agrees to provide root control methods per the
requirements of the Director of Planning and Building and a deep
watering irrigation system for the trees.
17. Condition No. 37 - (ADA Standards). In satisfaction of
Condition No. 37 of the Resolution the Developer agrees that in
the event the Federal Government adopts ADA standards for street
rights-of-way which are in conflict with the standards and
approvals contained herein, all such approvals conflicting with
those standards shall be updated to reflect those standards.
Unless otherwise required be federal law, City ADA standards may
be considered vested, as determined by Federal Regulations, only
after construction has commenced.
18. Condition No. 43 (Encroachment Permit). In partial
satisfaction of Condition No. 43 of the Resolution, the Developer
shall apply and obtain an encroachment permit prior to the
installation of all private facilities within the public right of
way. The Developer further agrees to maintain, in perpetuity,
membership in an advance notice such as the USA Dig Alert Service
and shall cause any private facilities owned by the Developer to
be marked OUë whenever work is performed in the area.
19. Condition No. 46 (Traffic Study). In partial
satisfaction of Condition No. 46, prior to the issuance of the
first rough grading permit for any portion of the Project south
of East Palomar Street, the Developer shall update its draft
traffic study (BRW, September 23, 1999) to reflect the approved
Alternative Tentative Map, the revised Tentative Map, if any, and
any relocation of the Park P-13 site.
20. Condition No. 58 (NPDES) In satisfaction of
Condition Nc. 58 of the Resolution, Developer agrees to the
following:
a. Development of the Project shall comply with all
applicable yegulations established by the United States
Environmental Protection Agency (USEPA) , as set forth in the
National Pollutant Discharge Elimination System (N. P. D. E. S.) ,
permi t requiyements for urban runoff and storm water discharge,
the Clean Water Act, and any regulations adopted by the City of
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Chula Vista pursuant to the N.P.D.E.S. regulations or
requirements. Further, the Developer shall file a Notice of
Intent with the State Water Resources Control Board to obtain
coverage under the N.P.D.E.S. General Permit for Storm Water
Discharges Associated with Construction Activity and shall
implement a Storm Water Pollution Prevention Plan (SWPPP)
concurrent with the commencement of grading activities. The
SWPPP shall include both construction and post construction
pollution prevention and pollution control measures and shall
identify funding mechanisms for post construction control
measures and shall be subject to the approval of the City
Engineer. The developer shall comply with all the provisions of
the N.P.D.E.S. and the Clean Water Program during and after all
phases of the development process, including but not limited to,
mass grading, rough grading, construction of street and
landscaping improvements, and construction of dwelling units. The
Developer shall design the Project' storm drains and other
drainage facilities to include Best Management Practices to
minimize non~point source pollution, to the satisfaction of the
City Engineer.
b. Indemnify, and hold harmless the City, its elected and
appointed officers and employees, from and against all fines,
costs, and expenses arising out of non-compliance with the
requirements of the NPDES regulations, in connection with the
execution of any construction and/or grading work for the
Project, whether the non~compliance results from any action by
the Developer, any agent or employee, subcontractors, or others.
The Developer's indemnification shall include any and all costs,
expenses, attorney's fees and liability incurred by the City.
c. That the City Engineer may require incorporation of
Standard Urban Water Mitigation Plan (SUSMP) requirements during
the implementation period preceding the adoption of the local
SUSMP by the City, for all priority projects or phases of
priority projects undergoing approval process, in accordance with
Order No. 2001~OI, NPDES No. CASOIO8758 Municipal Permit as
determined by the City Engineer.
21. Condition No. 63 (Master Drainage Plan). In
satisfaction of Condition No. 63 of the Resolution, the Developer
agrees to and shall obtain, prior to approval of the first final
"B" Map, the approval of the Director of Public Works of any
amendment necessary to make the Master Drainage plan consistent
with the approved Tentative Map. The Developer further agrees,
prior to issuance of each grading permit for the Project, to
prepare and obtain approval by the City Engineer, Director of
Planning and Building of an erosion and sedimentation control
plan.
22. Condition No. 72 {Park Land and Dedication
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Ordinance). In partial satisfaction of Condition No. 72 of the
Resolution, Developer agrees to comply with the Park Land
Dedication Ordinance, which establishes a requirement that the
project provide three (3) acres of local parks and related
improvements per 1,000 residents. Developer acknowledges and
agrees that local parks are comprised of community parks and
neighborhood parks. The Project's Neighborhood Park portion of
the local park requirement shall be satisfied through the
provision of a 5.1 net-acre Neighborhood Park (P-13). The
Developer further agrees that the remaining requirement (1
acre/l,OOO residents) shall be satisfied through the payment of
fees, dedication of land, or a combination of both.
23. Condition No. 73 a and b (Neighborhood Park). In
partial satisfaction of Condition No. 73 a and b of the
Resolution:
a. The developer shall commence construction of Park P-
-13 prior to the issuance of the 400th building permit in Chula
Vista Tract No. 98-06 and complete construction of the park
within nine months of commencement of construction. For purposes
of this paragraph, the term "complete construction" shall mean
payk construction has been completed according to the City
approved construction plans and accepted by the City.
Furthermore, "complete construction" shall mean prior to and
shall not include the City's established maintenance period
required prior to acceptance by the City for public use.
b. Developer agrees that, except as set forth in this
payagraph, a1: no time shall there be a deficit in "constructed
neighborhood park" based upon 2 acres/I,OOO residents. Developer
furcher agrees that the City may withhold the issuance of
building permits foy the Project, should said deficit occur. For
puyposes of this paragraph the term "constructed neighborhood
park" shall mean the construction of the park has been completed
and accepted by the City as being in compliance with the Park
¡VIaster Plan, but prlor to the City's mandatory maintenance
period. Developer acknowledges and agrees that this is not
intended to supersede any of the City's maintenance guarantee
requirements.
24. Condition No. 75 - (Three party agreement). In
satisfaction of Condition No. 75 of the Resolution, upon the
request of ::he Director of Parks and Recreation the Developer
shall enter into the standard three party agreement with the City
of Chula Vista and design consultant (s), for the design of all
aspects of the neighborhood and community parks in accordance
with the Maseer Plan whereby the Director of Parks and Recreation
shall have the right to selects the design consultant(s) , to be
funded by the Developer. Developer further agrees that the cost
for the consultant(s) shall be established and said amount
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deposited by Developer into an account prior to any work being
initiated by the consultant. Developer further agrees that the
agreement shall include, but not be limited to, master planning,
design development phase, construction document phase and
construction supervision phase for the park sites and that
construction documents shall reflect the then current
requirements of the City's Code/Landscape Manual requirements.
25. Condition No. 78 - (Community Parks). In satisfaction
of Condition No. 78 of the Resolution the Developer acknowledges
and agrees that:
a. Prior to the approval of each final "B" Map the
Developer shall pay PAD fees, dedicate land, or a combination
thereof, for the Community Park based upon a formula of 1 acre
per 1, 000 residents, until such time as a turn-key facility has
been constructed by the Developer and accepted by the Director of
Parks and Recreation. Said turn-key facility is subject to the
reimbursement mechanism set forth below.
b. Notwithstanding that the community park requirement
(1 acre/1,000 residents) shall be satisfied through the payment
of PAD Fees, dedication of land, or a combination thereof, within
120 days of approval of this Agreement the Developer shall enter
into an agreement with the City whereby the Developer agrees to
satisfy the Village One West (C.V.T. 98-06A) Community Park
obligation of 3.11 acres in a manner acceptable to the Director
of Parks and Recreation ("Park Agreement") .
c. Developer acknowledges and agrees that:
(i) said Park Agreement shall identify the future
location of the Village One West (C.V.T. 98-06A) Community Park
demand of 5.00 acres within a service radius of SPA One, as set
forth in the GDP, and deemed acceptable by the Director of Parks
and Recreation;
(ii) the Park Agreement shall include a community park
delivery schedule that demonstrates delivery of the community
park within a time frame deemed reasonable by the Director of
Parks and Recreation;
(iii) said community park location may ultimately be
aggregated with other parkland;
(iv) the GDP shall be amended to reflect the actual
location of the community park, at the Developer's expense, as
deemed necessary by the City.
d. If the Developer fails to enter into Park Agreement
within 120 days of approval of this Agreement as outlined above,
then the City shall have the discretion to utilize the PAD Fees
for said improvements, or to construct another park facility,
east of the 1-805 Freeway within an acceptable service radius of
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the Project, as set forth in the GOP.
e. The Developer shall provide a maintenance period for
the Community Park of 9-12 months in accordance with the City of
Chula vista Parks and Recreation Department policy.
f. The Developer shall receive reimbursement of PAD
fees, proportionate to what has been constructed, excluding the
cost of construction of an all weather access road, for the
community park should Developer deliver a turn-key facility to
the City in accordance with the agreement described above,
subject to the approval of the Director of Parks and Recreation.
26. Condition No. 80 a, b, e and f - (Trails Open Space,
signage plan). In partial satisfaction of Condition No. 80 a, b,
e and f, the Developer agrees:
a. To bond/secure and construct all trails
concurrently with the approved rough grading, and connect such
trails to adjoining existing and/or proposed trails in
neighboring development projects, as determined by the Director
of Parks and Recreation.
b. To design and conscruct the Regional Trail on the
north side of Poggi Canyon (Olympic Parkway) for the entire
length of Olympic Parkway In Village One, according to the
Olympic Parkway Landscape Master Plan by Estrada Land Planning,
Inc. as approved by the City and as amended from time to time,
including the "tree planting nodes" as specified in the Olympic
Parkway Landscape Master Plan. Developer further acknowledges and
agrees that subject LO the approval of the Directors of Planning
and Building and Public Works:
(l I the Regional Trail shall meander away from the
curb as much as possible "[he "tree planting nodes";
Iii) if retaining s are necessary, they shall be
kepc to a minimum and/or if a grading solution can be found,
retaining walls will not be used to gain additional space for the
street corridor;
(iii) reteining walls are to be located and detailed on
the Grading Plans for Olympic Parkway and/or the Poggi Canyon
Drainage Channel, and subject to che approval of the Directors of
Planning and Building and Public Works;
iiv) slope gradients may be increased to the maximum
per:r.i tted l:1 the grading ordinance in limited locations to
accommodate the "tree planting nodes" and maintenance access
ways;
vi landform grading policies shall be observed; and,
(vi) if a combination of low retaining walls and
modified landform grading cannot accommodate "tree planting
nodes" and maintenance access areas, the top of slope shall be
adjusted as necessary
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e. That if the two trail connections located in open
space lot #34 adjacent to Olympic Parkway, are located behind
attended entry cottages, Developer shall provide adequate public
signage, to the satisfaction of the Director of Planning and
Building to encourage public access for pedestrians to enter
through or adjacent to the attended entry areas to access the
public trail connections.
f. To provide public pedestrian, bicycle, cart
ingress and egress easements upon over and across Santa Sierra
Drive, and Sparrow Lake Road. The Developer further agrees to
install appropriate signage indicating location of trail
connections, handicap access, and bikeways relative to the
Regional Trail. Developer agrees to and shall obtain the approval
for signage by the Director of Parks and Recreation prior to the
approval of the first final "B" map for Village One West (C.V.T.
98-06A). Developer further agrees to install signage upon the
request of the Director of Parks and Recreation
27. Condition No. 82. - (Open Space lots). In satisfaction
of Condition No. 82 of the Resolution, Developer agrees to
provide the City, prior to execution of this Agreement, with
irrevocable offer (s) of dedication (roDs), in accordance with
Government Code Section 7050, a fee interest, free and clear of
all encumbrances, in the real properties shown on the "A" Map as
park lots and open space lots and offered to the City for
acceptance on such map. The IODs are attached to this Agreement
as Exhibit '-
28. Condition No. 83 - (Master Homeowner's Association). In
partial satisfaction of Condition No. 83 of the Resolution, the
Developer agrees to create a Master Homeowner's Association
("MHOA") to own and maintain in a professional manner open space
areas, medians, and parkways not maintained by the Community
Facility District or the City (referred to collectively as "open
space areas"), or annex the Project into an existing MHOA.
Developer shall complete the formation of the MHOA prior the
first final "3" map. Developer agrees that the MEOA shall be
structured to allow annexation of future tentative map areas in
the event the City Engineer and Director of Planning requires
such annexation of future tentative map areas. On or before 60
days from t~e date of Council approval of this Agreement,
Developer ag::-ees to and shall submit for City's approval the
CC&R's, grant of easements and maintenance standards and
responsibility of the MHOA's for the Open Space Areas within the
Project area. Developer acknowledges that the MHOA's maintenance
of public open space, trails, etc. may expose the City to
liability and Developer hereby agrees to establish a MHOA that
will hold the City harmless from any negligence of the MHOA in
the maintenance of such areas.
C\Agm~ne"v" 'oue, 'G'>MLdoe
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29. Condition No. 90 (Open Space Deposit). In
satisfaction of Condition No- 90 of the Resolution, the Developer
agrees to place a cash deposit with the City prior to issuance or
any grading permit, which includes Landscaping and Irrigation
(L&I) Improvements to be installed in an open space lot to be
maintained by the Community Facility District (CFD). Developer
agrees that said deposit will guarantee the maintenance or the
(UI) Improvements unLil the City accepts said (L&I)
Improvements. Developer acknowledges and agrees that in the
event the (L&I) Improvements are not maintained to City standards
as determined by the City Engineer and the Director of Parks and
Recreation, the deposit shall be used to perform the maintenance.
Developer rurther acknowledges and agrees that the amount of the
deposit shall be equivalent to the estimated cost or maintaining
the open space lots to City standards for a period or six months,
("Minimum Deposit Amount"), as determined by the City Engineer.
Developer further acknowledges and agrees that any unused portion
of said deposit may be incorporated into the CFD's Reserve
Account, or returned to the Developer, according to the
following:
a. Ir, six months prior to the scheduleD date of
acceptance or Landscape and Irrigation improvements for
maintenance by the CFD, the Reserve Account is less than the
Minimum Deposit Amount, the difference between these two amounts
shall be incorporated into the Reserve Account, or;
bo If the Reserve Account is at or above the Minimum
Deposit Amount, the unused portion of the deposit may be returned
to the Developer in 6 equal monthly increments over the last six
month's of the maintenance period ir the maintenance is beÌY1g
accomplished to the sat:.sfaction of the Director or Parks and
Recreation.
30. Condition No. 102 - (Withhold Building Permits and Hold
Harmless). In partial satisfaction or Condition No. 102 or the
Resolution, the Developer understands and agrees that the
perrormance of Developer's obligations hereunder is required for
the health and safety or the residents of its Project. Thererore
Developer agrees:
a. That the City may withhold building permits for the
subject subdivision if anyone of the following occur:
(i i. Regional development threshold limits set by a
future transportation phasing plan ror the City or Chula Vista,
as amended rrom time LO time, have been reached or in order to
have the Project comply with the Growth I'1anagemen t Program, as
may be amended from time to time.
C\AgceemeocoW" 'ouch mh-eina) .duo
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<-:::/2,
- --- - _._-----------.--------------------
liii. Traffic volumes, levels of service, public
u1:ilities and/or services exceed the adopted City threshold
sta"dards In 1:he then effective Growth Management Ordinance.
(iii). The required public facilities, as
idemcified in "he PFFP or as amended or otherwise conditioned
have not been completed or constructed to the 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 PFFP may be amended as approved by
the City's Ciirector of Planning and Building and the Public Works
Director.
(lV.) The Developer does not comply with the terms of
the Reserve Fund Program.
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, 1:0 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
Developer of any claim, action or proceeding and on the further
condition that the City fully cooperates in the defense.
c. To ensure that all franchised cable television
companies ("Cable Compa!'.y") are permitted equal opportunity to
place conduit and provide cable television service to each lot
within the subdivision. Developer agrees that the City of Chula
Vista may grant access to cable companies franchised by the City
of Chula Vista to place conduit within the City's easement
situated wicchin the Project. Developer shall restrict access to
the conduit to only those franchised cable television companies
who are, and remain in compliance with, all other rules,
regulations, ordinances and procedures regulating and affecting
the operation of cable television companies as same may have
been, or may from time to time be issued by the City of Chula
Vista.
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 any Supplemental Agreement. The City
shall provide the Developer of notice of such determination and
allow the Developer reasonable time to cure said breach.
e. To hold the City harmless from any liability for
erosion, siltation or increase flow of drainage resulting from
this project.
C\Ag.eemeo"\V,W gou," ""."oe1.doo
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31. Condition No. 103 (Congestion Management Program).
In satisfaction of Condition No. 103 of the Resolution the
Developer shall enter into a supplemental agreement with the City
prior to approval of the first "B" Map where the Developer
agrees:
a. To participate, on a fair share basis, in any
deficiency plan or financial program adopted by SANDAG to comply
with the Congestion Management Program (CMP) and
b. To not protest formation of any future regional
impact fee program or facilities benefit district to finance the
construction of regional facilities.
32. Condition No. 104 - (Previous Agreements). In partial
satisfaction of Condition No. 104 of the resolution, the
Developer shall comply with all previous Agreements as they
pertain to the tentative map.
33. Condition No. 106 (School Site). In partial
satisfaction of Condition No. 106 of the Resolution, Developer
agrees to deliver to the Chula Vista Elementary School District,
a graded elementary school site located west of Paseo Ranchero
(school site S-3) including utilities provided to the site and an
all weather access road acceptable to the District and to the Fire
Department, prior to issuance of the 4,500th residential building
permit (1,350 students) within SPA One. Developer further
acknowledges and agrees that this schedule is subject to
modification by the School District as based on District facility
needs.
34. Condition No. 109 (Growth Monitoring Report). In
satisfaction of Condition No. 109 of the Resolution, the
Developer agrees, upon the request of the City, to the following:
Pursuant to the provisions of the Growth Management Ordinance
(Section 19.09 of the CVMC) and the Otay Ranch General
Development Plan (GDP) , and as they may be amended from time to
time, the Developer shall complete the following: (1) Fund the
preparation of an annual report monitoring the development of the
community of Otay Ranch, which will analyze the supply of, and
demand for, public facilities and services governed by the
threshold standards. Developer further agrees that an annual
review shall be commenceg by Developer following the first fiscal
year in which residential occupancy occurs and is to be completed
during the second quarter of the following fiscal year and that
the annual report shall adhere to those guidelines noted on page
353, Section D of the GDP/SRP; and (2) The Developer further
agrees to prepare a five year development phasing forecast
identifying targeted submittal dates for future discretionary
applications (SPA's and tentative maps), projected construction
C\Agcoomoneõ\V," ~Mh ""-CinòUoc
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-LfO
dates, corresponding public facility needs per the adopted
threshold standards, and identifying financing options for
necessary facilities.
35. Condition No. lB. (Development Phasing Plan). In
partial satisfaction of Condition No. 113 of the Resolution,
Developer agrees that if phasing is proposed within an individual
map or through multiple final maps, the developer shall submit and
obtain approval of a development phasing plan by the City Engineer
and Director of Planning and Building prior to approval of any
final map. Developer further acknowledges and agrees that
improvements, facilities and dedications to be provided with each
phase or unit of development shall be as determined by the City
Engineer and Director of Planning and Building. the City reserves
the right to require said improvements, facilities and/or
dedications as necessary to provide adequate circulation and to
meet the requirements of the police and fire departments. the City
Engineer and Director of Planning and Building may, at their
discretion, modify the sequence of improvement construction should
conditions change to warrant such a revision. The Developer
further agrees that the City Engineer may change the timing of
construction of the public facilities.
36. Condition No. 114. (PFFP) In partial satisfaction
of Condition No. 114 of the Resolution, Developer acknowledges
and agrees chat the Public Facility Finance Plan or revisions
thereto shall be adhered to for the tentative map with
improvements installed in accordance with the Project's SPA plan
or as required to meet threshold standards adopted by the City of
Chula Vista. Developer acknowledges and agrees that the PFFP
idencifies - facili,::y phasing based upon a set of
assumptions concerning the and rate of development
within and o~cside of the project area.
Developer fc:c':her acknowledges and agrees that:
(:c throughout the build-out of SPA One, actual
development may differ from the assumptions contained in the
PFFP;
(:ci neither the PFFP ,",or any other SPA One document
gram: the De-,-eloper an entitlemen¡: to develop as assumed in the
PFFP, or lirL':: the SPA One's faoility improvement requirements to
those identi::ied in the PFFP;
(iiil compliance with the City of Chula Vista threshold
standards, tased on actual development patterns and updated
forecasts -.. reliance on ohanging entitlements and market
condi tions, shall govern SPA One development patterns and the
facility improvement requirements '::0 serve such development;
(i-,-) in addition, the sequence in which improvements
are construcëed shall correspond to any future transportation
phasing plac: for the City of Chula Vista or amendment to the
CIAgmm"","lnw Coou, CecA--'""'d",
22
~~41
Gro~th Management Program and Ordinance adopëed by the City;
(v: the City Engineer may modify the sequence of
improvement construction should conditions change to warrant such
a reVlSlon;
(vi) the Otay Ranch SPA One PFFP, at the Developer's
expense and subject to a Reimbursement Agreement, shall be
updated no later than six (6) months after the approval of a PFFP
for the EastLake III GDP Area, and the conclusions of such
update, including without limitation, the nature, sizing, extent
and timing for the construction of public facilities caused by
SPA One, shall become a condition for all subsequent SPA One
entitlements, including tentative and final maps. Developer
agrees that the City Engineer may change the timing of
construction of the public facilities.
37. Condition No. 115. (Code Requirements). In partial
satisfaction of Condition No. 115 of the Resolution, Developer
agrees to comply with all applicable sections of the Chula Vista
Municipal Code. Developer further agrees that any final map for
the Project and all plans for said Project shall be prepared in
accordance with the provisions of the Subdivision Map Act and the
City of Chula Vista Subdivision Ordinance and Subdivision Manual.
38. Condition No. 116. (Undergrounding). In partial
satisfaction of Condition No. 116 of the Resolution, Developer
agrees to underground all utilities within the subdivision in
accordance with Municipal Code requirements.
39. Condition No. 117. (Payment of Fees). In partial
satisfaction of Condition No. 117 of the Resolution, Developer
agrees to pay the following fees in accordance with the City Code
and Council Policy:
a. The Transportation and Public Facilities
Development Impact Fees.
b. Signal Participation Fees.
c. All applicable sewer fees, including but not
limited to sewer connection fees.
d. Interim SR-125 impact fee.
e. Poggi Canyon Sewer Basin DIF as may be adopted by
the City in the future.
~ Otay Ranch Reserve Fund Fee
40. Condition No. 118. (Regulations; Clean Water Act).
In partial satisfaction of Condition No. 118 of the Resolution,
Developer agrees to comply with all relevant Federal, State, and
nhgmmen,~\nw goo," gm-Cinoldoc
23
-;;. - "1 .:.--
Local regulations, including the Clean Water Act. The Developer
agrees to and_shall be responsible for providing all required
testing and documentation to demonstrate said compliance as
required by the City Engineer.
41. Condition No. 119. - (Disclosure of Special Taxes). In
partial satisfaction of Condition No. 119 of the Resolution,
Developer agrees to ensure that prospective purchasers sign a
"Notice of Special Taxes and Assessments" pursuant to Municipal
Code Section 5.46.020 regarding projected taxes and assessments
and to submit such disclosure form for approval by the City
Engineer prior to each Final "8" Map approval.
42. Condition No. 121. (Landscape Manual). In partial
satisfaction of Condition No. 121 of the Resolution, the
Developer agrees to comply with all aspects of the City of Chula
Vista Landscape Manual.
43. Condition No. 122. (Planned Community District
Regulations). In partial satisfaction of Condition No. 122 of the
Resolution, the Developer agrees that all proposed development
shall be consistent with the Otay Ranch SPA One Plann~d Community
District Regulations.
44. Condition No. 123. (Growth Management Ordinance). In
partial satisfaction of Condition No. 123 of the Resolution, the
Developer agrees to comply with Chapter 19.09 of the Chula Vista
Municipal Code (Growth Management) as may be amended from time to
time by the City. Said chapter includes bu;: is no;: limited to:
threshold standards (19.09.04), public facilities finance plan
implementation (19.09.090), and public facilities finance plan
amendment procedures (19.09.100).
The Developer further acknowledges that the City is presently in
the process of amending its Growth Management Ordinance to add a
proposed Secëion 19.09.105, to establish provisions necessary to
ensure compl~ance with adopted threshold standards (particularly
traffic) prior to construction of State Route 125. Said
provisions will require the demonstration, to the satisfaction of
the City Engineer, of sufficien;: street system capacity to
accommodate a proposed development as a prerequisite to final map
approval for that development, and the Developer hereby agrees to
comply witt: adopted amendments to the Growth Management
Ordinance.
45. Condition No. 124. - (Private Open Space Area). In
partial satisfaction of Condition No. 124 of the Resolution,
Developer agrees, upon submittal of building plans for small lot
single family residential development (5,000 square feet or less
as defined in the City of Chula Vista Design Manual), to also
'\Agee_""\""W Souch ""-"inòldo'
24
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-.---... --_._~---_..__..~_..-_._------_.
submit plans for approval by "he Director of Planning and
Building that clearly indicate that 750 square feet of private
open space will be provided within the subdivision.
46. Condition No. 126 (Guarded Entrances). In
satisfaction of Condition No. 126 of the Resolution, Developer
agrees that guarded entrances will not have physical barriers
unless physical barriers are specifically approved by the City
Council and that the entrances will be staffed from dusk until
dawn, unless the MHOA or the Developer determines it is
economically impractical.
47. Satisfaction of Conditions. City agrees that the
execution of this Agreement constitutes satisfaction or partial
satisfaction of Developer's obligation of Condition Nos. 1, 2, 3,
4, 5, 8, 9, 10, 11, 13, 17, 19, 20, 21, 24, 25, 26, 27, 35, 36,
37, 43, 46, 58, 63, 72, 73 a and b, 75, 78, 80 a, b, e and f, 82,
81, 83, 89, 90, 102, 103, 104, 106, 109, 113, 114, 115, 116, 117,
118, 119, 121, 122, 123, 124 and 126 of the Resolution.
Developer further understands and agrees that the some of the
provisions herein may be required to be performed or accomplished
prior to the approval of other final maps for the Project, as may
be appropriate.
48. Unfulfilled Conditions. Developer hereby agrees,
unless otherwise conditioned, that Developer shall comply with
all unfulfilled conditions of approval of the Tentative Map,
established by Resolution No. 2001-119 and shall remain in
compliance with and implement the terms, conditions and
provisions therein.
49. Recording. This Agreement, or an abstract hereof shall
be recorded simultaneously with the recordation of the Final Map
50. Building Permits. Developer understands and agrees
that the City may withhold the issuance of building permits and
all other permits for the entire SPA One project area, should the
Developer be determined by the City to be in breach of any of the
terms of this Agreement. The City shall provide the Developer of
notice of such determination and allow the Developer reasonable
time to cure said breach. Developer further acknowledges and
agrees that the City may withhold building permits within the
Final Map as defined herein if the required public facilities for
SPA One, as defined in the PFFP or as amended by the Annual
Monitoring Program or otherwise conditioned, have not been
completed or constructed to the satisfaction of the City.
51. Assignablity. 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
'IAgmmoo"IV'W g,u," "'A-hoòLd,'
25
-- - - '1
.-
will not adversely affect the City's interest. The City Manager
in his/her sole discrec:ion may, if such assignment is requested,
perml t a substitution of securities by the suocessor 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 shall be in a form approved by the City Attorney.
52. 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:
Otay Project, L.P.
350 West Ash Street, Suite 730
San Diego, CA 92101
Attention: Charles T. Cater
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
C\Agmme""Iv>w ,"°," """"'Ld"'
26
.-
attorney prepared and/or drafted this Agreement. It shall be
conclusively presumed that both parties participated equally in
the preparation and/or drafting this Agreement.
e. Recitals; Attachments. Any recitals and
Attachments set forth above 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.
g. Olympic Parkway Agreement. The parties do not
intend by this Agreement to modify or amend in any way the
Olympic Parkway Agreement. To the extent of any inconsistencies
between this Agreement and the Olympic Parkway Agreement with
regard to obligations specifically set forth in the Olympic
Parkway Agreement, the Olympic Parkway Agreement shall control.
[NEXT PAGE IS PAGE ONE OF TWO SIGNATURE PAGES]
'\Agre~eo","" Coo," CG-"oeUoc
27
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-- ---- -------- -----------
[PAGE ONE OF TWO SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR
VILLAGE ONE WEST (SOUTH) "AU MAP NO. 1]
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed the day and year first hereinabove set forth.
CITY OF CHUh~ VISTA
Mayor
Attest:
Susan Bigelow
City Clerk
Approved as to Form:
-)
o/:~:n~
City Attorney
[NEXT PAGE IS PAGE TWO OF SIGNATURE PAGES]
C,^g<."~o"\V" '°°'" mHinòldoo
28
3-1..\¡
--~-------_..--------------
[PAGE TWO OF TWO SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR
VILLAGE ONE WEST (SOUTH) "Au MAP NO. 1]
DEVELOPERS/OWNERS:
OTAY PROJECT, L.P.,
a California limited partnership
By: Otay Project, LLC,
a California limited liability company, General Partner
By: Otay Ranch Development, LLC,
a Delaware limited liability company, Authorized Member
By: ~
nAgmmen"l",w go""h mA-nn.ldo"
29
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_/
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of California } ss
County of S'Ao-.,o .ò/~ q 0
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on__~7~/~- " before me, ;t'1-< ~/"'...., hVA1V //4,~ /V~i-/~
Dole '-----N,mOOmIT'tleOIOff;"""g,,"ee'"6œNotOt'{PobliC','
personally appeared - C~-U'$ T. t:~,-c
N,m,'" cfS,ge,,'C'
l>h5érsonally known to me
I ] proved to me on the basis of satisfactory
evidence
~ - - - - M:R~ L~C;;'N~ ~O';AT~ J to be the person(.¡¡) whose name(iI} isle:re
subscribed to the within instrument and
Commission # 12604.16
~ Notary Public - Collfornla i acknowledged to me that he~ execuled
J Son Diego County f the same in his/fIerItheir authorized
capacity(ies), and that by his/~
- - - -My:':"::.~~l:~ signaturefs-) on the instrument the person(sj-, or
the entity upon behalf of which the person(s-)
acted, executed the instrument.
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PlcccNclc'yS,cIAbmc ~ S, ,10" C clet'{ Poblte
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Though the mformation below IS not required by law, it may prove valuable to persons relymg on the document
and could prevent fraudulent removal and reattachment of this form to another document
Description of Attached Document Þ'IVv(J)
Title or Type of Document: -- J'.1'/-4 -
Document Date: ---_.-_.-~~ ~_.-~- Number of Pages: ------
Signer(s) Other Than Named Above: ---------------_.-~----_.-_-
Capacity(ies) Claimed by Signer
Signer's Name: ----
Individual .
Top 0' !hcernb he'e
Corporate Officer - Tille(s): ~---~~--- ---.----
Partner- Limited General
Attorney in Fact
Trustee
LI Guardian or Conservator
Other:
Signer Is Representing:
'OW99N"""IN""A»";"""""'D,S",A,,,PO Om ""oeh'",,"'h, """"""'""",h",,",,",,,mg Pw' No S9" Rom'" C.IIToII""' , BOO8?6-G8"
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List of Exhibits
Exhibi t A Legal Description of Property
Exhibit B Street and Public Improvements
Exhibit C Open Space and Park IODs
2. - 50
__on ----_u_--
EXHIBIT "B"
STREET and PUBLIC IMPROVEMENTS
CHULA VISTA TRACT NO. 98-06A
VILLAGE ONE WEST (SOUTH), SPA ONE
Improvements Improvements Bond Permit Drawing
Cost Numbers Issue Numbers
Date
Gradlng, Dralnage $4,456,054.00 Jo'enolng Jo'enolng U.LU'O -U.L
and Erosion Control through
01043-31
Landscape and $727,162.00 ,~~~,~ Jo'enolng U.LU'%b-V.L
Irrigation - through
Grading 01046-43
Joint Access to $330,597.50 3SM99088500 penolng Pending
Park P-13
,_.. ,
::::- - ,
EXHIBIT "c"
IRREVOCABLE OFFERS OF DEDICATION
OF OPEN SPACE AND PARK LOTS
Attachment "C" consists of 8 (eight) pages of separately recorded
instruments, which irrevocably offer Lots "C" through "H" for Open
Space and other Public Purposes and Lot "I" for Public Park
Purposes
/- ~-,
-. -
Recording Requested by and
Please Return to:
City Clerk
City of Chula Vista
P.O. Box 1087
Chula Vista, California 91912
This Instrument Benefits City Only.
No Fee Required.
This Space for Recorder's Use Only
APN(s) 641-071~0, 11, 1~ 13 C.V. File No.
APN(s) 641-060-02.08
IRREVOCABLE OFFER
OF DEDICATION OF FEE INTEREST
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
OTAY PROJECT loP., a California limited partnership
represents that, as the owner(s) of herein-described real property, (in the case of multiple
owners, collectively referred to as "Grantor), Grantor hereby makes an Irrevocable Offer of
Dedication of fee interest, pursuant to Section 7050 of the Government Code of the State of
California, to THE CITY OF CHULA VISTA, A MUNICIPAL CORPORATION, the hereinafter
described real property for the following public purpose:
PUBLIC PARK PURPOSES
The real property referred to above is situated in the City of Chula Vista, County of San Diego,
State of California and is more particularly described as follows:
LOT "I" OF CHULA VISTA TRACT NO. 98-06A, OTAY RANCH, VILLAGE 1 WEST (SOUTH),
"A" MAP NO.1, PER MAP NO. RECORDED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY.
(Contains 5.598 Acres, more or less)
This Offer of Dedication is made pursuant to Section 7050 of Government Code of the State of
California and may be accepted at any time by the City of Chula Vista.
This Offer of Dedication of fee interest shall be irrevocable and shall be binding on the Grantor,
its heirs, executors, administrators, successors and assigns.
,.- ,./
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DBSo>c'~oOo","'mp"'02p"'¡od"",doc
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_._,-----_...~----_._------------_.._--_.. -..
SIGNATURES
This - __Œ____- day of___- ..ç;ë(r1. ,20ðl
Gtay Pray'_, LP.. Calif 01 ilIa limited partnership, as owner:
By: Otay Project, LLC, a California limited liability company,
General Partner.
By: Otay Ranch Development, LLC, a Delaware limited liability company, authorized member.
I
by: ~cater, Vice President
.-. --'
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State of California } 55.
County of s_~ 20,£<-"
On q.,/7/c>/ ,before me, "...,A--{!C ~......,o U!,v"f?) / #,,7""-'-7' Fv<$<-o'<:-
Date Name aDd Tille of Officec le.g "Jane Doe, Nota", Public)
Personally appeared C:=4~U% T c...-,-", <-
Namels) of Slgnerls)
c:rpersonally known tD me
0 proved to me on the basis Df satisfactory evidence
tD be the person(&) whose name(s) islefe subscribed tD the within instrument and acknowledged to me
that he~ executed the same in his/herfttreIr authorized capacity(iest, and that by his/Aef1their
signatures Dn the instrument, the persDn(st. Dr the entity upon behalf Df which the persDn(&) acted,
executed the instrument.
WITNESS my haDd'aT1doffic~1."
/:/ .-- \
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,~ .JlgD~,"re 01 Nota", Public'
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This is to certify that the interest in real property offered herein to the City of Chula Vista, a
governmental agency, is hereby acknowledged by Susan Bigelow, City Clerk, on behalf of the
Chula Vista City Council pursuant to authority conferred by Resolution No. 15645 of the Chula
Vista City Council adopted on June 5,1990, and the grantee consents to the recordation
thereof by its duly authorized officer.
SUSAN BIGELOW
CITY CLERK
Dated:
3~5b
DBSo<"~cdow"'emp~O2p"'do"w'doc
woO25-'"
---...----.. --------
Recording Requested by and
Please Return to:
City Clerk
City of Chula Vista
P.O. Box 1087
Chula Vista, CA 91912
This Instrument Benefits City Only.
No fee is re uired. This Space for Recorder's Use Only
APN(s) 641-071-10,11,12,13 G.V. File No.
APN(s) 641-060-02,08
IRREVOCABLE OFFER
OF DEDICATION OF FEE INTEREST
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
OTAY PROJECT loP., a California limited partnership
represents that, as the owner(s) of herein-described real property, (in the case of multiple
owners, collectively referred to as "Grantof?, Grantor hereby makes an Irrevocable Offer of
Dedication of fee interest, pursuant to Section 7050 of the Government Code of the State of
California, to THE CITY OF CHULA VISTA, A MUNICIPAL CORPORATION, the hereinafter
described real property for the following public purpose:
OPEN SPACE AND OTHER PUBLIC PURPOSES
The real property referred to above is situated in the City of Chula Vista, County of San Diego,
State of California and is more particularly described as follows:
LOT "C", "D", "E", "F", "G" AND "H" OF CHULA VISTA TRACT NO. 98-06A, OTAY
RANCH, VILLAGE 1 WEST (SOUTH), "A" MAP NO.1, PER MAP NO. RECORDED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY.
(Contains 30.286 Acres, more or less)
This Offer of Dedication is made pursuant to Section 7050 of Government Code of the State of
California and may be accepted at any time by the City of Chula Vista.
This Offer of Dedication of fee interest shall be irrevocable and shall be binding on the Grantor,
its heirs, executors, administrators, successors and assigns.
:5 -C) -;
DBS",c\~o"w"'emp\'" ppeo'P"',"",'..d",
wp025.313
SIGNATURE PAGE
Signed this IÎ day of '5Ef-¡ ,2001
Otay Project LP.. a California limited partnership, as owner:
By: Otay Project, LLC, a California limited liability company,
General Partner.
By: Otay Ranch Development, LLC, a Delaware limited
liability company, authorized member.
by: ~1 ~ Vice President
'~7
{
DBSoc , ,.,odow,I<emp,,"" opeo ",">0',,= ",
wo025-313
(Notary Acknowledgement Required for Each Signatory)
State of CÅl.-,FO/fÆP4 )
County of s~ þ_o )
On '" /1' /t'" . before me, ~ u;w-.q, ~- /V~ py"ç""c-
, Notary Public, personally appeared C---"'ee.:"'" "'-~<.
personally known to me 9r prQ"Q9 te fRO OF! IRe BQsio of GatiGfa~gry g"idgnco) to be the
person(-sj whose name(s.) is/afe-subscribed to the within instrument and acknowledged to
me that he/sReAAey- executed the same in his/AefAAeir authorized capacity(ies}.. and that
by his/Refftheir signatures on the instrument, the perso~, or the entity upon behalf of
which the perso$) acted, executed the instrument.
¡ - ~ ~.;;,.;, ~;.,,; ¡
- CammIøIan #I 12600C66
¡. Nofay I'IIbIIc - CaIJfcmIa f
j San DIego CcuIty -
- - ~:c:m&ptw"J:J.2XUf
------
DBS"c_"'cd,."'emp"" "eo ,p", oed .,~ doc
","5-3'3
This is to certify that the interest in real property offered herein to the City of Chula Vista, a
governmental agency, is hereby acknowledged by the undersigned, City Clerk, on behalf of the
Chula Vista City Council pursuant to authority conferred by Resolution No. 15645 of the Chula
Vista City Council adopted on June 5, 1990, and the grantee(s) consent(s) to the recordation
thereof by its duly authorized officer.
SUSAN BIGELOW
CITY CLERK
By: Dated:
3-100
DBSo,,'~odo~"'mp""opeo,,"e"d"w'ddo
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---------- ---------------------.
EXHIBIT "A"
LEGAL DESCRIPTION
LOTS 7, 8, 9, "I", "K", "L" AND "M" OF CHULA VISTA TRACT
NO. 98-06, OTAY RANCH VILLAGE 1 WEST "A" MAP NO. 1,
ACCORDING TO MAP THEROF NO. 14029, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, ON AUGUST 30,
2000, TOGETHER WITH THE EAST HALF OF THE NORTHEAST QUARTER
OF FRACTIONAL QUARTER SECTION 65 OF RANCHO DE LA NACION,
ACCORDING TO MAP THEROF NO. 166 MADE BY MORRILL ON FILE IN
THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY,
TOGETHER WITH LOT "W" OF CHULA VISTA TRACT NO. 90-07,
SUNBOW PHASE 2-B, UNITS 7 AND 11, ACCORDING TO MAP THEREOF
NO. 14077 RECORDED IN THE OFFICE OF THE RECORDER OF SAID
SAN DIEGO COUNTY ON NOVEMBER 21, 2000, ALL IN THE CITY OF
CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA
~-{, i
COUNCIL AGENDA STATEMENT
Item: Am
Meeting Date: 9/2 /01
ITEM TITLE: Resolution RatifYing City staffs action on approving change
orders associated with the construction of the Public Works Operations
Facility and Corporation Yard, listed on Attachment A, and
authorizing staff to process up to an additional $250,000 in change
orders
SUBMITTED BY: Director of Public Works ~
REVIEWED BY: City Manager Çj:J!; (4/5ths Vote: Yes - No _X.J
Last September the City Council amended Policy #574-01 authorizing the City Manager to
approve change orders pertaining to the Corporation Yard project with a single change order
value not exceeding $50,000 and a cumulative value of up to $250,000. The policy permits the
City Manager to exceed the limits if delay of the approval would cause a delay in the "Critical
Path" schedule of the project. Approval of tonight's resolution will ratifY staffs recent actions in
approving change orders valued at $742,781 listed on Attachment A. Tonight's action will also
authorize staff to process up to an additional $250,000 in change orders in accordance with the
policy.
RECOMMENDATION: That Council ratifY City staff s action on approving change orders
valued at $742,781 associated with the construction of the Public Works Operations Facility and
Corporation Yard listed on Attachment A, and authorize staff to process up to an additional
$250,000 in change orders.
BOARDS/COMMISSIONS APPROVAL: Not Applicable
DISCUSSION:
City Staff and Highland Partnership continue to scrutinize every change order requested by the
Specialty Contractors. Due to integration of the work of the numerous trades, plan clarifications
and Value Engineering efforts, numerous change orders are required in order to complete the
project. City Staff has approved the change orders totaling $742,781 listed on Attachment A and
now presents them for Council's ratification. Because of the short time frames, staff forwarded a
memorandum on August 23 (Attachment B) advising Council that staff will instruct the
subcontractors to proceed with construction and will bring the change orders to Council for
ratification.
The following is a general description of the major Change Orders shown on Attachment A:
California Sheet Metal Works, Inc. ($25,500)
Based on the successful results of previous value engineering, high-energy efficient
skylites were added to the New Shops building. The selection and installation of these
skylites will result in an overall decrease in energy consumption.
.-.--. --.-------....-....----..------,.-
Page 2, Item: ~
Meeting Date: 9/25/01
Howard's Rug, Inc. ($48,902)
The project specifications require testing of the existing and new concrete slabs to
determine moisture and pH levels prior to installation of floor coverings. The flooring
manufacturer requires confirmation of moisture and pH levels to ensure that they are within
acceptable levels in order to warranty the installation and materials. Areas that do not meet
acceptable levels require mitigation. Initial testing of the slabs indicated areas of high pH.
Subsequent additional testing further reduced the areas requiring mitigation with a
corresponding reduction in the cost of correction. Mitigation consists of bead blasting and
sealing prior to installation of the floor coverings. Upon completion, all floor coverings will
be warranted for 10 years.
Howards Rug, Inc. ($15,904)
Existing concrete slab requires smoothing, leveling, crack filling and repair at the areas
where demolition occurred and where new slab meets existing prior to installation of floor
covenngs.
Western Pump, Inc. ($16,311)
Plans called out for concrete "capping" of the in-ground fuel tanks. This scope was
included in the concrete specialty contractor's work. Due to the specialized nature of this
work a deductive change order was previously issued to the concrete contractor. This work
was then added to the underground fuel tank specialty contractor who is more familiar with
the regulatory requirements involved in correctly performing this work.
Helix Electric, Inc. ($16,818)
Coordination with the systems furniture vendor indicated the requirement for additional
circuits for the furniture plan. The additional circuits are required to meet existing and
future requirements for anticipated installation of business machines at specific locations
throughout the Administration Building.
FJ. Willert Grading, Inc. ($46,750)
Traffic pattern analysis, vehicle loading and determination of paving areas that will be
subjected to severe heavy vehicle traffic indicated the requirement for revision of the
paving plan. Those areas anticipated to receive the heaviest usage were re-specified to
receive concrete paving instead of asphalt. This change order is for the demolition of
existing asphalt, preparation of the sub-grade, placing and compacting of the base material
and disposal of spoils in the areas identified to receive concrete paving.
Gardner Contracting, Inc. ($49,000)
This change order is for General Requirements scope normally associated with a General
Contractor and is for an amount anticipated to complete the project. It includes general
construction cleanup, traffic control signage not on the plans and other general tasks as may
be necessary for the timely completion of the project.
Allsup Corporation, Inc. ($52,948)
Recent interest ftom potential users of the public fleet fueling access indicated a
requirement for a smaller fleet CNG vehicle fueling nozzle. After detailed discussion with
the CNG facility consultant and the specialty contractor it was determined that by adding
dual hose dispensers at the center island of the fueling facility and at the public fleet fueling
access, we could achieve maximum flexibility at a minimum cost. These dual dispensers
'Ý-~
- ,-.",-,.,-----,.-.----______0.
Page 3, Item: L
Meeting Date: 9/25/01
will now accommodate both transit (buses, garbage trucks, etc.) and fleet (passenger
vehicles, pickup trucks, vans, etc.) CNG powered vehicles.
FJ. Willert Grading, Inc. ($150,024)
This change order is the second part of the unsuitable soils issue previously presented to
Council. During the course of construction, soils in various areas of retaining walls and
building areas were determined by the soils engineer to be unsuitable for building on or
using for backfill because they were highly expansive. At each location the unsuitable soil
was over-excavated and removed ftom the site. As this contractor's bid was based on being
able to utilize the excavated soils, he credited back his contract portion of the backfill scope
(Credit $80,000) and proceeded on 'Time and Material" basis for all areas requiring
backfill and compaction. Highland Partnership's supervisory personnel closely monitored
this operation, coordinated the receipt and placement of no cost suitable fill and verified
amounts of exported unsuitable soil.
Solpac, Inc. ($157,171)
As a direct result of staff and Highland Partnership's analysis of the anticipated traffic
patterns for the Corporation Yard, specific areas were designated to receive concrete
paving instead of asphalt paving. This value engineering effort will ensure many years of
maintenance free operation in high and heavy use areas. Included in the revised paving plan
are credits from the asphalt paving contract.
Hanson (SJH) Paving, Inc. ($27,816)
During the course of construction it was discovered that the existing asphalt concrete cross-
section was 5" AC over 8.5" of base in high traffic areas and 3" AC over 6" in all parking
areas. The plans called for new high traffic areas to receive 3" AC over 8.5" Class 11 base,
all parking areas to receive 2" AC over 6" Class 11 base and a rubberized flex-seal over
existing parking areas. Based on recent city-wide data and durability analysis, the asphalt
portion of the paving plan was revised to 5" AC over 8.5" crushed aggregate base (CAB) in
high traffic areas, 3" AC over 6" CAB in the car parking areas, 1 Yo" AC overlay with 0/."
aggregate on the existing main high/heavy traffic route and flex-seal over existing AC
areas. Costs were mitigated by only removing the deficient areas of existing AC paving as
necessary for construction. Additionally, whenever possible, old asphalt paving was
recycled and used as deep fill or base which further reduced the costs associated with
importing backfill and base materials.
Because Staff and Highland Partnership are aware of the need for further change orders (some
are in the process of being evaluated), staff is also requesting authorization to process up to an
additional $250,000 in change orders. The same complete and thorough review and
documentation of the need for these additional change orders will continue to be followed. Staff
may also return to Council for ratification and/or requesting approval of these potential future
change orders.
On July 24, 2001, City staff forwarded an informational memorandum, to the City Council
providing a detailed overview of the change orders process for the Corporation Yard project. As
indicated in said memorandum, the construction of the Corporation Yard is a very complex
project involving many building trades and contracts for that work. The project also involves the
renovation and expansion of existing buildings and facilities which, by its very nature, is much
more prone to uncovering unanticipated items needing to be handled through change orders.
Lj-.j
---- ------.
Page 4, Item: L
Meeting Date: 9/25/01
City and Highland staffs have aggressively managed the change order process for this complex
project. The very nature of a multi-phase, multi-building project that includes new construction
as well as substantial renovation, demands conscientious and continuous oversight of the change
order management process. Change order avoidance and reduction for this project commenced
with a thorough review of the plans and specifications. Following this initial strategic effort to
mitigate the potential for change orders is the actual change order management process once a
contractor presents a request for a change order. Regardless of the reason for the specialty
contractor's submission of a request for a change order, City and Highland staffs closely
scrutinize each and every line item on the request. This step is taken to determine if the items
requested are covered within plans, specifications, contract documents and the respective
specialty contract. If so, the request for a change order is rejected outright.
Should the request be found to have merit, itemized costs are compared to bid line item unit
costs, industry standard "means and methods" cost analysis,' and comparative bid proposals ftom
like contractors. Particular attention is focused on capturing any credits that may be covered by
the original contract scope. City and Highland staffs automatically default to using the lowest
cost calculation as a basis for further negotiation. Staff and Highland then enter into negotiations
with the specialty contractor, more often than not resulting in a lower than requested change
order amount. In those few instances where negotiations have failed to result in a price that staff
and Highland feel is reasonable, then Highland negotiates the .work with other project specialty
contractors. This proven system has been successful in achieving the lowest possible cost
associated with change orders. As previously indicated many of the change orders were initiated
by the City in order to improve the facility and also to save on future maintenance and operations
costs.
FISCAL IMPACT:
Per Attachment A, the total value of the change orders to be ratified by the City Council is
$742,781. As of August 7, 2001, the cumulative value of all change orders approved by the City
Council was $1,613,137. Following tonight's action, the cumulative total value of all change
orders approved to date will be $2,355,918. With tonight's authorization of $250,000, the new
contingencies budget will be $2,605,918. The cost of these change orders is within the budget
appropriation for the project.
Attachments:
A Summary of change orders proposed for ratification
B Copy of informational memorandum dated Ju1y 24,2001
File: 0735-10-GG131
J:IENGINEERIAGENDA ICORPY ARDSEP25COA ll3A - SMN.DOC
-1/-.1/
Change Orders For Ratification by City Council on September 25,2001 I
1}1 Highland Attachment A
ChuJa Vista Corp Yard Project If. 092 Highland Partnershlp,lnc
1800 Maxwell Rd Tel: 619-397-0367
Chula Vista, CA 91910 Fax: 619-397-0389
."..,...."""".,. ""'-"~'."""." R"""." "'O """""""_...'~ "'Ji1Ir"""
Restake @ Fuel Area & Storm Drain
005 09201050-02 7/23/01 @Maint ACCULINE 0 1.040
009 09207600-01 8/14/01 Added Skylites @Shops B CSM 0 25.500
006 09205120-01 7/20/01 Rework Existing Storefront Doors C&S DOC 7/16/01 0 5.426
007 09206100-01 8/8/01 Added Skylites @ Shops B Framing HELIX CON 0 3,629
008 09207600-01 7/20101 Repair Gutter @ HHWD Facility CSM 0 1,200
001 09216700-01 8/7/01 Added Data Terminations EXPANETS 0 6.523
002 09216700-01 9/5/01 Panduit and Flex Installation @ EXPANETS 9/6/01 0 1.207
Admin
Remove Existing 12" Storm Drain
19 9202660-01 7/31/01 Replace w/6" SHERWOOD 0 3,387
020 9202660-01 8/14/01 Roof Drain Tie-ins @ Admin SHERWOOD 0 10,017
012 9204150-01 7/31/01 Masonry Extras FABER 0 7,844
014 9204150-01 8/14/01 Retaining Wall Changes @ Maint & FABER 8/28/01 0 3.605
Bus Turnaround
013 9204150-01 8/1/01 Various Masonry Repairs to Existing FABER 0 1,026
015 9204150-01 8/14/01 Shops Bldg Modifications FABER 0 825
016 9204150-01 8/21/01 Added Masonry Rebar @ Shops FABER 8/28/01 0 608
Parapet
017 9204150-01 8/28/01 Remaining Wash Bldg Additions FABER 9/6/01 0 11,880
001 9209610-01 7/25/01 Floor pH Remediation @ All Areas HOWARDS 0 48,902
002 9209610-01 8/15/01 Floor Prep to Receive Coverings HOWARDS 0 15,904
Existing Admin Restroom to meet
002 9210000-01 7/26/01 new ADA Code Requirement. DGA 0 3.434
Concrete Cappin9 of In Ground Fuel
002 9213202-01 7/26/01 Tanks WESTERN 0 16,311
De-activate Existing Lifts in Central
001 9214450-02 8/1/01 Receiving PETERSON 0 4,030
002 9214450-02 8/9/01 Rotary Lift Control Panels PETERSON 0 6.950
Reiocate Existing Roof Drain @
018 9215400-01 7/27/01 Admin A MHP 0 129
019 9215400-01 8/9/01 Revised Plumbing for Dyno MHP 0 2.425
020 9215400-01 8/14/01 Storm Drain Change @ Maint Bldg MHP 0 853
019 9216000-01 7/20101 Added Circuits @ Modular Furniture HELIX ELEC 0 16,818
020 9216000-01 7/24/01 CREDITS For Plan Revisions HELIX ELEC 0 .8,974
Shop Equipment Dynamometer
changes - Telephone Data Outlets -
Randall Lamb Flrld Report - Admin
021 9216000-01 7/26/01 Room Drawing Changes HELIX ELEC 0 466
022 9216000-01 8/14/01 Dynamometer Electrical Changes HELIX ELEC 0 1.200
023 9216000-01 8/14/01 Small Engine Repair Lift Table HELIX ELEC 0 900
Electrical Change
//-5"
- ------------ u_---..... ..u_-----------
024 9216000-01 8114/01 Added Tel/Com/Power Outlet @ HELIX ELEC 0 568
Admin
025 9216000-01 8114/01 Fuel Building Control Operation - HELIX ELEC 0 -2.000
CREDIT
026 9216000-01 8122/01 Added 4" Conduit @ Tran$it BaY" HELIX ELEC 8122/01 0 2,500
004 09202211-01 8114/01 Revised Paving Plan - AC Demo & FJWILLERT 0 3,500
Grading
003 09202211-01 7/30/01 Revised Paving Plan - Grading FJWILLERT 0 46,750
003 09201000-02 8115/01 General Requirements - To GARDNER 0 49.000
Complete
001 9215195-01 8116/01 Fueling Nozzle Specification Change ALLSUP 0 52,948
005 09202211-01 8/28101 Unsuitable Soils FJWILLERT 0 150,024
BackfilVExporUlmport
Addition Concrete Paving @
008 9203300-01 7/26/01 Specified Areas SOLPAC 0 157,171
003 09208110-01 8114/01 Rework Existing Exterior Openings BRADY CO 8128101 0 11,913
004 09208110-01 9/6/01 Retrofit Existing Mortise Lock$ BRADY CO 9/6/01 0 16,416
006 09201050-02 8/28/01 Added Survey @ CNG for Meter Set ACCULINE 0 520
001 9202510-01 8/28101 Asphalt Paving Revi$ion$ HANSON 0 27,816
009 9203300-01 8/15/01 Addition of T errazo in CCV Logo SOLPAC 8/28/01 0 8,363
003 9202900-01 8128101 Tree Drainage @ Admin Patio BENCHMARK 0 3,744
006 9215000-01 8/27/01 Add Isolation Valves & Reinsulate LGSMTL 0 6,668
007 9215000-01 8/28/01 Remove Existing Diffusers & LGSMTL 0 6,783
Replace w/new
008 9215000-01 9/6/01 Dynamometer Exhaust Fan LGSMTL 9/6/01 0 2,947
021 9215400-01 8/28/01 Faucet Replacement@Admin MHP 0 3,170
016 9203200-01 9/4/01 Reinforcing Steel Changes PCS 9/6/01 0 416
002 0920000-01 9/4/01 Web Cameras - 2 Month Service STUDIO 3-<3 9/6/01 0 500
Extension rØ!a~~~I8I!1!f.~CUty.ÇI!l II!'II.on'lI!IglÍ li ll'~i211111
~-?,
- -... ----.-----------
,-
Attachment B
INFORMATION ITEM
- -
- -
August 23, 2001
FileNo. 0735-l0-GG131
TO: The Honorable Mayor and City Council ~
VIA: David D. Rowlands, Jr., City Manag~ ~/
FROM: John P. Lippitt, Director of Public Work~
SUBJECT: Chula Vista Corporation Yard Change Orders
On July 24,2001 Staff forwarded a detailed memorandun1 on the Chula Vista CorporaÜon Yard
Change Orders. In the memorandum Staff indicated that there would be additional change
orders processed that add up to $1,019,000. The purpose of this information item is to discuss
the large change orders, which are related to the paving work and brief Council that staff will be
signing these change orders on an emergency basis and then bring back for Council's ratification
on September 18, 2 001. This is also a further discussion to staffs briefing during the ClP tour
on August 11,2001.
During the course of construction of the Corporation Yard it became evident that the specified
paving plan required modification based on projected traffic patterns and identification of areas
of the yard which would be subjected to extreme use. Detailed analysis of every location within
the paved areas resulted in revisions that will extend the life of the pavement, reduce
maintenance costs, and provide the necessary paving cross-section and material for the type of
operations designated in each area.
The original paving p1an caned for the installation of 3" of asphalt over 8.5" Class II aggregate
base in heavy traffic areas and 2" of asphalt over 6" Class II aggregate base in car park areas.
During demolition operations, the existing asphalt paving cross-section was 5" of asphalt over
8.5" base and as this is more suited to areas subjected to heavy bus, truck and equipment traffic,
the paving plan was revised to incorporate this cross-section. The paving cross-secÜon in car
park areas was revised to 3" of paving over 8.5" base for similar reasons.
FUr1her, based on our recent experience with various paving base materials on other paving
projects, the base material was changed from Class II to Crushed Aggregate Base (CAB). In our
professional opinion, CAB wil¡' provide a more uniform material, will consolidate more
efficiently and will provide the compaction necessary to stabilize the paved areas. Considering
f/-7
,-
Honorable Mayor and CIty Council 2 August 2~, 2001
the problems associated with the unsuitable soils underlying the Corporation Yard, City and
Highland Partnership staffs concur with these prudent revisions, Additionally, those large areas
of existing paving such as the main employee parking lot and the existing parking areas around
the shops building were revised to recei~'e_a l~er of surface treatment known as "Flex Seàí"~
This revision will extend the service life of this asphalt at a base cost of 19 cents per square fool.
The following areas originally designated to receive asphalt paving were revised to receive 6" of
concrete paving over 6" of CAB: bus turnaround area; wash buiJding exit aproñ; new shops
building apron; material storage bunker apron; new maintenance building apron; new bus
parking area; public fleet fueling area and CNG fuel storage area,
The bus turnaround area will be subjected to extreme heavy use. This is an area where buses will
be operating at slow speeds which places greater stresses on the paving. Concrete paving is more
suitable for this area, The wash building exit apron is an ar~a that will be subjected to continual
moisture, Concrete in this area will extend the serviceability of the paving and be less susceptible
to the damaging effects of water. The apron around the new shops buiJding and the maintenance
building was changed to concrete to match the concrete apron around the existing shops. The
addition of this concrete apron will effectively extend the workspace for the building,
Additionally, as this area will be subjected to the potentially damaging effects of heavy
equipment it is better suited to receive concrete paving.
The apron directly in front ofthe material storage bunkers was revised to receive concrete paving
based on the projected operating of the loading equipment that will be utilized. Due to the nature
of loading dump trucks with bucket loaders, this area requires a paving surface that is more
durable than the originally specified asphalt paving, The area identified as the new bus parking
area was revised to receive concrete paving based on the projected load of the numerous buses
that will be parked in this area, Additionally, concrete paving was determined to be more
resiJient and durable to the stopping and turning actions of the heavy buses. The public fleet
fueling access was revised to concrete paving to better suit the type of heavy traffic this area will
be subjected to. It is anticipated that this area will be utilized by heavy equipment such as
garbage trucks and other tandem vehicles which will be operating and turning in this small area
which will subject the paving to great loading and stress. And final1y, the original plans called
for housekeeping concrete pad only in the CNG equipment and storage area. This was revised to
all concrete paving based on the projected future expansion in this area.
City and Highland staffs have taken numerous actions throughout the course of construction to
mitigate unnecessary changes and costs, For example, immediately upon receipt of the
demolition plan, those paving areas designated for removal were reduced to only the square
footage necessary for the construction. This action salvaged large portions of the existing paving,
Additionally, wherever possible, Highland staff directed joint use of utility trenches, This action
effectively reduced the total number of trenches throughout the site,
Revisions to the Corporation Yard paving plan is estimated to incur the fol1owing costs based on
proposals received ftom the grading, concrete, reinforcing steel and asphalt paving specialty
contractors: grading - $50,000, <Jon crete - $157,000, reinforcing steel - $64,000, and asphalt
paving - $35,000, We should have final numbers developed by next week At this time, the
r-Ý
",---, ..----
-
.-.
Honorable Mayor and CIty Council 3 August 23, 2001
overall estimate is approximately $306,000. While the amount represented by this change order
is beyond the limits Council authorized staff to approve, the work needs to be completed as soon
as possible in order not to delay the completion of the construction and occupancy of the facility.
Therefore, because of the tight time frllil!es, the purpose of this memorandum is to advÌse
Council that staff will instruct the subcoñfractors to proceed with this construction and-wi]] bring
the change order to Council at the September 18, 2001 meeting for ratification.
J. \Engmeer\A G EN D A \Corp-yard-pavmg -memo. doc
,
,ç~9
--_._n__...---- ---------
RESOLUTION NO. 2001- -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA RATIFYING CITY STAFF'S ACTION ON APPROVING
CHANGE ORDERS ASSOCIATED WITH THE CONSTRUCTION OF
THE PUBLIC WORKS OPERATIONS FACILITY AND
CORPORATION YARD, LISTED ON ATTACHMENT A, AND
AUTHORIZING STAFF TO PROCESS UP TO AN ADDITIONAL
$250,000 IN CHANGE ORDERS
WHEREAS, on September 26, October 20, October 17, October 24
and November 14, 2000 the City Council approved the award of multiple
contracts for the construction of the Corporation Yard Project; and
WHEREAS, Highland Partnership, Inc., the City's Construction
Manager, along with City staff have been overseeing the construction
work; and
WHEREAS, on September 26, 2000, the City Council amended
Policy #574-01 authorizing the City Manager to approve all change orders
pertaining to this project with a single change order value not exceeding
$50,000 and a cumulative value of up to $250,000; and
WHEREAS, the policy permits the City Manager to exceed the
limits if delay of the approval, would cause a delay in the "Critical
Path" schedule of the project; and
WHEREAS, this resolution will ratify staff's recent actions in
approving change orders valued at $742,781 listed on Attachment A; and
WHEREAS, staff is seeking authorization to process up to an
additional $250,000 for change orders in accordance with policy outlined
above.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of
Chula Vista does hereby ratify City staff's action on approving change
orders valued at $742,781 associated with the construction of the Public
Works Operations Facility and Corporation Yard listed on Attachment A,
attached hereto and incorporated herein as if set forth in full.
BE IT FURTHER RESOLVED that staff is hereby authorized to
process up to an additional $250,000 for change order approval in
accordance with the policy outlined above.
Presented by ~~
John P. Lippitt
Director of Public Works ty Attorney
[J, \ATTORNEY\RESO\ CorpYard12 (september 18. 2001 19'26AM)]
L/ -/0
.- -------- .. ------_.-
COUNCIL AGENDA STATEMENT
Item No 5
Meeting Date 9/25101
ITEM TITLE: Resolution - Accepting and Appropriating $116,000
in grant revenue from the State California Advanced
Technology Program for Purchase of a Global Positioning
System.
SUBMITTED BY: Ch;ef of Po¡;oe~
REVIEWED BY: City Manager.Q (415ths Vote: Yes XX No_)
As part of this year's State COPS funding, the Governor approved a budget
trailer bill which designated specific funds for technology grants to local law
enforcement. The City of Chula Vista has been allocated $116,000 in grant
revenue which will be used for technology advances within the Department.
RECOMMENDATION:
That the City Council accept and appropriate $116,000 in grant revenue from the
State California Advanced Technology Program for purchase of a Global
Positioning System.
BOARDSlCOMMISSIONS RECOMMENDATIONS: N/A
DISCUSSION:
The State COPS funding allocation included specific funding for local law
enforcement technology. Each local law enforcement agency was guaranteed a
threshold of $100,000 minimum. The City of Chula Vista has received an
allocation of $116,000 which will be used to purchase a Global Positioning
System.
The Global Positioning System (GPS) will consist of several components
including Automatic Vehicle Location (AVL) transmitters placed inside public
safety vehicles that will integrate with existing mobile data computers (MDC).
Display monitoring equipment will be placed inside the communications center
and will consist of an additional computer server, monitors, central processing
s-/
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Page 2, Item S-
Meeting Date 9/25101
units and integration of a mapping suite that will enable dispatch and mobile units
to display the same GPS data. This system will allow for the real-time viewing of
spatial data and pinpointing the location of City owned public safety units within
Chula Vista. The benefit of this proven technology will allow our Public Safety
Dispatchers and field supervisors to make decisions based on real time
information. An added value of this technology will allow for the historical
analysis of public safety's response to crime data and critical incidents.
FISCAL IMPACT:
The $116,000, in grant revenue, California Advanced Technology Program
allocation is proposed to be used for a one-time purchase. There are no
additional costs anticipated from the purchase of this system. GPS System
maintenance and replacement costs are estimated at $45,000 beginning FY 04.
5.;6
-------~.----..~~~-~~-~_.---- -~-----_.
ATTACHMENT
NEW 2001 GRANT PROGRAM
LLEBG 02
$252,282
GPS I VLS
$202,282
GPS I VLS
$90,712
TECHNOLOGY
$116,000
Nøw200"",""".pm65 ~7-o,
S3
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA ACCEPTING AND
APPROPRIATING $116,000 IN GRANT REVENUE
FROM THE STATE OF CALIFORNIA ADVANCED
TECHNOLOGY PROGRAM FOR PURCHASE OF A
GLOBAL POSITIONING SYSTEM
WHEREAS, the City of Chula Vista has received State of California Advanced
Technology funding for technology advances in the Department; and,
WHEREAS, the funds will be accepted and appropriated to purchase a Global
Positioning System; and,
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Chula Vista does hereby accept and appropriate $116,000 in grant revenue from the
State of California Advanced Technology Program for technology purchases.
Presented by: Approved as to form by:
-y¡ iI1.ð-- ~ F 0 ,
Richard Emerson John M. Kaheny
Chief of Police City Attorney
5-'1
-~----~----~---_._.~
COUNCIL AGENDA STATEMENT
ITEM: -
MEETING DATE: 9/25/2001
ITEM TITLE: Resolution of the Chula Vista City Council authorizing the City Manager
to execute a Fund Transfer Agreement between the San Diego
Metropolitan Transit Development Board and the City of Chula Vista for a
South Bay Transit Study.
SUBMITTED BY: Director of Planning and Building gt
Director of Public Works~
REVIEWED BY: City Manager ,¡;; (4/5ths Vote: Yes - No..XJ
On May 29,2001, the City Council approved Resolution No. 2001-160, appropriating $157,500
ftom the available fund balance of the General Fund for transit planning in conjunction with the
General Plan Update, including $125,000 for a joint South Bay Transit Study with the
Metropolitan Transit Development Board (MTDB). This partnership between MTDB and the
City will promote integrated transit and land use planning through joint efforts and shared
resources. A Fund Transfer Agreement spells out the respective roles of MTDB and the City,
and is required for Chula Vista to provide its agreed upon share of funds for consultant
assistance in completing the study. The City's contribution will augment $225,000 provided by
MTDB. As part of the agreement, the City will be actively involved in all technical and policy
matters related to the study.
RECOMMENDATION:
That the City Council authorize the City Manager to execute a Fund Transfer Agreement for a
joint South Bay Transit Study with the Metropolitan Transit Development Board (MTDB) to
provide the City's share of $125,000 and confirm the City's role in the joint project.
BOARDS/COMMISSION RECOMMENDATION: Not applicable
DISCUSSION:
The City Council's prior appropriation of funding for the South Bay Transit Study underscored
the priority afforded to an areawide transit planning program as a critical component of the
General Plan Update and a means for accelerating extension of transit service to the rapidly
growing parts of Eastern Chula Vista. Since the Council's previous action, the City has worked
cooperatively with the Metropolitan Transit Development Board (MTDB) in preparing a
request for proposal (RFP) and scope of work for consultant assistance on the South Bay
Transit Study. The City's expert policy and technical advisor on transit, Alan Hofftnan of The
Mission Group, has provided guidance in preparing the detailed scope of work. The City's
~-I
Page 2, Item No. ~
Meeting Date: 9/25/01
team has also identified preliminary concepts regarding how the Transit First network might be
refined in the South Bay.
The Council is requested to approve a resolution authorizing the City Manager to execute a
Fund Transfer Agreement that spells out the respective roles of MTDB and the City in the
study and establishes a fund transfer schedule, since MTDB will have the lead role in
administering the consultant contract. The agreement specifies that the City will be actively
involved in the study at both a policy and technical level.
The "Transit First" vision for the region is to make transit such a desirable option that people
will make it their first choice for many of their daily travel needs. This vision would be realized
by offering a rich network of service types, ranging ftom neighborhood shuttles serving short-
distance trips, to higher-speed, limited stop routes. The South Bay Transit First Study is the first
step toward implementation of this vision and strategy in a focused geographic area. The study
will include extensive coordination with SANDAG, Caltrans, the City of San Diego, San
Diego County, the City of National City, California Transportation Ventures, private sector
land developers and others. A broad community outreach program will also be included in the
effort.
The South Bay Transit Study will:
. Identi1)r existing and expected travel patterns.
. Evaluate the existing regional Transit First conceptual network as it applies to Chula Vista
and the South Bay area, including internal connections, links to key external destinations,
transit priority measures and station locations.
. Identi1)r and evaluate transit service and facility alternatives, and assess potential integration
oftransit and land use concepts, refine the Transit First network, and identify projects to
implement the preferred alternative.
. Prepare a phasing plan for the identified projects over the near, mid and long terms.
. Develop a conceptual design of selected stations and transit priority treatments.
. Assess the role of the MTDB previously adopted South Bay Transitway (LRT alignment).
The study is scheduled to be completed within 15 months of executing a contract with the
consultant selected. Critical tasks necessary for input to the SANDAG Regional Transportation
Plan would be completed within eight to 10 months. The project's interim products would also
feed into the General Plan Update project schedule.
FISCAL IMPACT:
Funding for the City's $125,000 share of this effort was already appropriated ftom the available
fund balance of the General Fund by the City Council on May 29, 2001. MTDB's share is
b-;¿
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Page 3, Item No. ~
Meeting Date: 9/25/01
$225,000, for a total of $350,000.
In addition, MTDB is providing $110,000 for a shorter-term bus service study that will
complement this effort.
H:\Planning\CCAgendaStatementTransitPlanning9-25-0 I.doc
6-3
- .- ._- .-.. ...-.--.----..---.---.--
RESOLUTION NO.
RESOLUTION OF THE CHULA VISTA CITY COUNCIL
AUTHORIZING THE CITY MANAGER TO EXECUTE A FUND
TRANSFER AGREEMENT BETWEEN THE SAN DIEGO
METROPOLITAN TRANSIT DEVELOPMENT BOARD AND THE
CITY OF CHULA VISTA FOR A SOUTH BAY TRANSIT STUDY
WHEREAS, focused planning studies are needed to advance critical transit
projects in the City of Chula Vista and the South Bay area; and
WHEREAS, these studies are needed to identify specific routes, station locations,
service characteristics and appropriate technologies; and
WHEREAS, the City of Chula Vista has embarked on a comprehensive General
Plan Update that will address the important connections between transit and land use
density and intensity, and identify opportunities for transit-supportive development; and
WHEREAS, working together with the Metropolitan Transit Development Board
and other key interests will expand available resources and enhance the potential for
success; and
WHEREAS, the Chula Vista City Council approved Resolution No. 2001-160 on
May 29, 2001, appropriating funds ftom the available fund balance of the General Fund
for transit planning in conjunction with the General Plan Update, including $125,000 for
a joint South Bay Transit Study with the Metropolitan Transit Development Board.
NOW, THEREFORE, BE IT RESOLVED that the City Council authorizes the
City Manager to execute Exhibit A, the Fund Transfer Agreement for a joint South Bay
Transit Study with the Metropolitan Transit Development Board, to provide the City's
share of$125,000 and confirm the City's role in the joint project.
Presented by Approved as to form by
/Ç;
Robert A. Leiter
Planning and Building Director
H:\Planning\CCResoSoBayTransit9-25-0 I.doc
h~fL
n_-
ATTACHMENT A
FUND TRANSFER AGREEMENT BETWEEN
THE SAN DIEGO METROPOLITAN TRANSIT DEVELOPMENT BOARD
AND THE CITY OF CHULA VISTA
FOR THE SOUTH BAY TRANSIT FIRST STUDY
WHEREAS, the City of Chula Vista (hereinafter CITY) and the San Diego Metropolitan
Transit Development Board (hereinafter MTDB) both desire to research ways to improve
access within the South Bay with particular emphasis on the City of Chula Vista and
National City; and
WHEREAS, MTDB and CITY have authorized a planning study to refine the current
Transit First network for CITY, re-evaluate the Board adopted South Bay Transit-
Way/LRT alignment; and develop a phasing strategy for possible implementation of the
identified near-, mid-, and long-term, and early action projects.
WHEREAS, MTDB and CITY will work in a cooperative manner to ensure that CITY and
MTDB jointly provide guidance on the Study at both a policy and a technical level; and
WHEREAS, CITY and MTDB have agreed to jointly fund the Study; and
WHEREAS, CITY has agreed to contribute $125,000 toward the Study consultant work
scope; and
6-S
- -.-----..,--,..--....." --'
WHEREAS, MTDB agrees to contribute $225,000 toward the study consultant and work
scope.
IT IS AGREED AS FOLLOWS:
MTDB Agrees:
1. To manage the Study, including the project consultant's scope of work.
2. To provide $225,000 in MTDB funding for this study consultant contract.
3. To involve and partner with the CITY in all technical and policy matters related to the
Study.
The CITY Agrees:
1. To provide up to $125,000 for the study consultant contract.
2. To make payment to MTDB by January 31, 2002 for use on expenditures outlined in
the scope of work:
3. To be actively involved in the Study at both a policy and a technical level.
THIS AGREEMENT shall be effective immediately upon its execution thereof.
SAN DIEGO METROPOLITAN CITY OF CHULA
6-t,
--------------- --- ..- ---_._--------.-- -----
TRANSIT DEVELOPMENT BOARD VISTA
Date: Date:
Approved as to form: Approved as to form:
Jack Limber
General Counsel City of Chula Vista Attomey
Date: Date:
AG-FU N DC ITYTRAN S FE R.JWI LLI
6-7
.._- ....--.----------..
COUNCIL AGENDA STATEMENT
Item: 'I
Meeting Date: 9/25/01
ITEM TITLE: Resolution waiving the City's formal bidding process and
approving a three-party agreement between the City of Chula Vista;
RECON, Consultant; and McMillin Otay Ranch, LLC, Applicant,
related to Environmental Consulting services to be rendered for Otay
'"""'" vm", Si'. "d "tloOriri¥" '" ,~'" ";d Ag_ort
SUBMITTED BY: Director of Planning and Building Í/
REVIEWED BY: City Manager R (4/5ths Vote: Yes~No-.XJ
McMillin Otay Ranch LLC has filed a SPA plan application for Otay Ranch Village Six. The
proposed Village Six SPA Plan proposes development of 2,086 dwelling units on approximately
237 acres. One hundred forty-nine (149) acres would be developed with non-residential uses
including: community purpose facilities, commercial uses, schools, a public park, and open space
uses. The Environmental Review Coordinator has determined that the proposed project requires
the preparation of a Second-Tier Environmental Impact Report (EIR). Staff recommends that the
City Council approve the proposed contract with RECON for an amount not to exceed $127,550
to provide consultant services for the preparation of the CEQA-required environmental
documents for the proposed project.
RECOMMENDATION:
That the City Council adopt Resolution of the City Council of the City of Chula Vista
approving a three party agreement between the City of Chula Vista; RECON, Consultant; and
McMillin Otay Ranch, LLC, Applicant, for environmental consulting services related to the
preparation of a Second Tier EIR, for Otay Ranch Village Six and authorizing the Mayor to
execute said agreement.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
Background
On January 4, 2000, per Resolution No. 2000-007, the City Council approved a three party
agreement ("the original Agreement") between the City, McMillin Otay Ranch, LLC
(Applicant), and Mooney and Associates (Consultant) for consulting services related to the
preparation of the Otay Ranch Subsequent Environmental Impact Report (EIR 98-01). The
former consultant is unable to complete the services required by the City. In order to meet the
7-/
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Page 2, Item No.: -L
Meeting Date: 9/25/01
project processing schedule, staff recommends that another environmental consultant be retained
to complete the Second Tier EIR for Otay Ranch Village Six under the direction of City staff.
Consultant Services Selection Process
The Environmental Review Coordin¡¡tor and the project applicant have determined that RECON
has demonstrated a unique and comprehensive familiarity with the project area, which is
necessary for timèly and adequate completion of the EIR. Additionally, RECON has
demonstrated unique qualifications to serve as the Consultant for this contract because of their
experience with the resource agencies, grasp of the project's complexities, and project experience
within this region. It is staffs recommendation that the City Council waive the City's formal
bidding process on the grounds that competitive bidding is impractical and that it is in the City's
best interest to retain RECON as a consultant to meet the project schedule.
The Consultant represents that they are experienced and staffed in a manner such that they can
prepare and deliver the required services to the City within the necessary time frames. The
Environmental Review Coordinator has negotiated the details of these agreements in accordance
with procedures set forth in Section 6.5.2 of the Environmental Review Procedures.
Scope-of-Work
RECON will function as the Environmental Consultant to the City of Chula Vista under a three
party agreement with the Applicant and under the supervision of the City's Environmental
Review Coordinator. The responsibilities of the Environmental Consultant will include the
following:
. Review of the available project information;
. Preparation of Screencheck, draft and final EIRs;
. Preparation of responses to comments received during public review;
. Preparation of Findings and the Mitigation Monitoring Reporting Program;
. Attendance at team meetings and public hearings, and
. Preparation of tentative map environmental documents.
Contract Payment:
The amount for this third party agreement is $127,550, which includes a 25% contingency of
$25,510 for additional services if determined necessary by the Environmental Review
Coordinator. The project applicant will pay all consultant costs, as well as reimburse any City
staff time associated with preparation of the Otay Ranch Village Six Second Tier EIR through
a separate deposit account.
7-),
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Page 3, Item No.: ~
Meeting Date: 9/25/01
FISCAL IMPACT: There would be no impact to the General Fund. The project applicant,
McMillin Otay Ranch, LLC, through a deposit account, will pay RECON's consulting fees. The
contract amount for consulting services is $127,550. The contract allows the Contract
Administrator to negotiate additional fees not to exceed 25% of the total contract amount
($25,510) to cover unforeseen issues that may be identified during the preparation of the SEIR.
Attachments
1. Three-Party Agreement between the City of Chula Vista, RECON, and McMillin Otay
Ranch, LLC
7-3
RESOLUTION NO.
RESOLUTION WAIVING THE CITY'S FORMAL BIDDING PROCESS
AND APPROVING A THREE-PARTY AGREEMENT BETWEEN THE
CITY OF CHULA VISTA; RECON, CONSULTANT; AND MCMILLIN
OTA Y RANCH, LLC, APPLiCANT, RELATED TO ENVIRONMENTAL
CONSULTING SERVICES TO BE RENDERED FOR OT A Y RANCH
VILLAGE SIX, AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
WHEREAS, pursuant the California Environmental Quality Act (CEQA) the
Environmental Review Coordinator has determined that the proposed Village Six SPA Plan
requires the preparation of a Second-Tier Environmental Impact Report; and
WHEREAS, it was determined by the Director of Planning and Building that staff has
neither the available time or expertise to perform the subject work; and
WHEREAS, the Applicant has deposited or will deposit an initial sum for the consulting
services necessary for the preparation of environmental documents including Otay Ranch
Subsequent Environmental Impact Report (ErR 98-01); and
WHEREAS, an Environmental Consultant for the project had previously entered into a
contract with the City under a thrce-party agreement; and
WHEREAS, the fonner Environmental Consultant for the project was unable to complete
the services required by the City; and
WHEREAS, it is in the City's best interest to hire an Environmental Consultant to
complete the proposed project in accordance with the City's direction in order to meet the
schedule of the project; and
WHEREAS, it is in the City's best interest to waive the City's formal bidding process as
impractical, in that the City is in immediate need of an Environmental Consultant to meet the
schedule of the project; and
WHEREAS, the Consultant has demonstrated the ability to meet the schedule prescribed
by the City for completion of the project; and
WHEREAS, the Consultant is uniquely qualified to serve as the Consultant for this
contract based on their demonstrated ability to perform while working as a Consultant to the City
on other projects, their unique familiarity with the specific project issues and requirements, as
well as their capabilities in field research and coordination with resource agencies; and
1
7-1/
.. ....-.._-_...... ------ ---
WHEREAS, the Environmental Review Coordinator has negotiated the details of this
agreement in accordance with procedures set forth in Section 6.5.2 of the Environmental
Review Procedures.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby waive the City's formal bidding process and approve a three-party
agreement between the City of Chula Vista, RECON ("Consultant") and McMillin Otay
Ranch, LLC ("Applicant") for environmental consulting services pertaining to Otay Ranch
Village Six, a copy of which shall be kept on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said Agreement for and on behalf of the City of Chula
Vista.
Presented by Approved as to form by
ø, J1Yl~~
Robert A. Leiter ~~aheny
Director of Planning and Building City ttorney
2
7-5
-..---..-----. .-_.. -- ...-----
Three Party Agreement
Between
City ofChula Vista,
RECON, Consultant, and
McMillin Otay Ranch, LLC, Applicant
For Consulting Work to be Rendered
with regard to Applicant's Project
1. Parties.
This Agreement is made as of the reference date set forth in Exhibit A, for the purposes of
reference only, and effective as of the date last executed by the parties hereto, between the City of
Chula Vista ("City") herein, a municipal corporation of the State of California, the person designated
on the attached Exhibit A as "Consultant", RECON, whose business form and address are indicated
on the attached Exhibit A, and the person designated on the attached Exhibit A as "Applicant",
McMillin Otay Ranch, LLC, whose business form and address are indicated on the attached Exhibit
A, and is made with reference to the following facts:
2. Recitals, Warranties and Representations.
2.1. Warranty of Ownership.
Applicant warrants that Applicant is the owner ofland ("Property") commonly known as, or
generally located as, described on Exhibit A, Paragraph 1, or has an option or other entitlement to
develop said Property.
2.2. Applicant desires to develop the Property with the Project described on Exhibit A,
Paragraph 2, and in that regard, has made application ("Application") with the City for approval of
the plan, map, zone, or other permits ("Entitlements") described on Exhibit A, Paragraph 3.
2.3. In order for the City to process the Application of Applicant, Work oftbe general nature
and type described in Exhibit A, Paragraph 4, ("Work") will need to be completed.
2.4. City does not presently have the "in-house" staff or resources to process the application
within the time fÌame requested for review by the Applicant.
2.5. This agreement proposes an arrangement by which Applicant shall retain, and be liable
for the costs of retaining, Consultant, who shall perform the services required of Consultant by this
Agreement solely to, and under the direction of, the City.
Thee Party Agreement
9/18/01 Page 1
7¿
_.mu.__._._-_._.._.._---~..._-
2.6. Additional facts and circumstances regarding the background for this agreement are set
forth on Exhibit B.
3. Agreement.
NOW, THEREFORE, IT IS MUTUALLY AGREED TO AND BETWEEN THE CITY,
CONSULTANT, AND APPLICANT AS FOLLOWS:
3.1. Employment of Consultant by Applicant.
Consultant is hereby engaged by the Applicant, not the City, and at Applicant's sole cost and
expense, to perform to, and for the primary benefit of, City, and solely at City's direction, all ofthe
services described on the attached Exhibit A, Paragraph 4, entitled "General Nature of Consulting
Services", ("General Services"), and in the process of performing and delivering said General
Services, Consultant shall also perform to and for the benefit of City all ofthe services described in
Exhibit A, Paragraph 5, entitled "Detailed Scope of Work", ("Detailed Services"), and all services
reasonably necessary to accomplish said General Services and Detailed Scope of Work, and shall
deliver such documents required ("Deliverables") herein, all within the time ftames herein set forth,
and in particular as set forth in Exhibit A, Paragraph 6, and if none are set forth, within a reasonable
period oftime for the diligent execution of Consultant's duties hereunder. Time is ofthe essence of
this covenant.
The Consultant does hereby agree to perform said General and Detailed Services to and for
the primary benefit of the City for the compensation herein fixed to be paid by Applicant.
In delivering the General and Detailed Services hereunder, the Consultant shall do so in a
good, professional manner consistent with that level of care and skill ordinarily exercised by
members of the profession currently practicing under similar conditions and in similar locations, at
its own cost and expense except for the compensation and/or reimbursement, if any, herein promised,
and shall furnish all of the labor, technical, administrative, professional and other personnel, all
supplies and materials, machinery, equipment, printing, vehicles, transportation, office space and
facilities, calculations, and all other means whatsoever, except as herein otherwise expressly
specified to be furnished by the City or Applicant, necessary or proper to perform and complete the
work and provide the Services required of the Consultant.
3.2. Compensation of Consultant.
Applicant shall compensate Consultant for all services rendered by Consultant without regard
to the conclusions reached by the Consultant, and according to the terms and conditions set forth in
Exhibit C adjacent to the governing compensation relationship indicated by a "checkmark" next to
the appropriate arrangement, by paying said amount to the City, within 15 days of Consultant's
billing, or in accordance with the security deposit provisions of Paragraph 3.3 and Exhibit C, if
Three Party Agreement
9/18/01 Page 2
7- 7
..------.----------.
checked, and upon receipt of such payment by the City, City shall promptly, not later than 15 days,
or in accordance with the Bill Processing procedure in Exhibit C, if checked, pay said amount to the
Consultant. City is merely acting in the capacity as a conduit for payment, and shall not be liable for
the compensation unless it receives same nom Applicant. Applicant shall not make any payments
of compensation or otherwise directly to the Consultant.
3.2.1. Additional Work. Ifthe Applicant, with the concurrence of City, determines
that additional services ("Additional Services") are needed nom Consultant ofthe type Consultant is
qualified to render or reasonably related to the Services Consultant is otherwise required to provide
by this Agreement, the Consultant agrees to provide such additional services on a time and materials
basis paid for by Applicant 'It the rates set forth in Exhibit C, unless a separate fixed fee is otherwise
agreed upon in writing for said Additional Work between the parties.
3.2.2. In the event that the City shall determine that additional work is required to be
performed above and beyond the scope of work herein provided, City will consult with Applicant
regarding the additional work, and ifthereupon the Applicant fails or refuses to arrange and pay for
said Additional Services, the City may, at its option, suspend any further processing of Applicant's
Application until the Applicant shall deposit the City's estimate of the costs ofthe additional work
which the City determines is or may be required. Applicant shall pay any and all additional costs for
the additional work.
3.2.3. Reductions in Scope of Work. City may independently, or upon request ftom
Consultant, ftom time to time reduce the Services to be performed by the Consultant under this
Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the
purpose of negotiating a corresponding reduction in the compensation associated with said reduction.
Upon failure to agree, the Fixed Fee may be unilaterally reduced by the City by the amount of time
and materials budgeted by Consultant for the Services deleted.
3.3. Security for Payment of Compensation by Applicant.
3.3.1. Deposit. As security for the payment of Consultant by Applicant, Applicant
shall, upon execution of this Agreement, deposit the amount indicated on Exhibit C as "Deposit
Amount" with the City, as trustee for Consultant, the conditions of such trust being as indicated on
Exhibit C and as hereinbelow set forth:
3.3.1.1 Other Terms of Deposit Trust.
3.3.1.1.1. City shall also be entitled to retain ftom said Deposit all
costs incurred by City for which it is entitled to compensation by law or under the terms of this
agreement.
Three Party Agreement
9/18/01 Page 3
7-F
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3.3.1.1.2. All interest earned on the Deposit Amount, if any, shall
accrue to the benefit of, and be used for, Trust purposes. City may, in lieu of deposit into a separate
bank account, separately account for said deposit in one or more of its various bank accounts, and
upon doing so, shall proportionately distribute to the Deposit Trust, the average interest earned
during the period on its general fund.
3.3.1.1.3. Any unused balance of Deposit Amount, including any
unused interest earned, shall be returned to Applicant not later than 30 days after the termination of
this Agreement and any claims resulting thereftom.
3.3.1.1.4. Applicant shall be notified within 30 days after of the use of
the Deposit in any manner. Nothing herein shall invalidate use ofthe Deposit in the manner herein
authorized.
3.3.1.1.5. At such time as City shall reasonably determine that
inadequate funds remain on Deposit to secure future compensation likely due Consultant or City,
City may make demand of Applicant to supplement said Deposit Amount in such amount as City
shall reasonably specify, and upon doing so, Applicant shall, within 30 days pays said amount
("Supplemental Deposit Amount") to City. Said Supplement Deposit Amount or Amounts shall be
governed by the same terms oftrust governing the original Deposit.
3.3.2. Withholding of Processing. In addition to use of the Deposit as security, in
order to secure the duty of Applicant to pay Consultant for Services rendered under this agreement,
City shall be entitled to withhold processing of Applicant's Application upon a breach of Applicant's
duty to compensate Consultant.
4. Non-Service Related Duties of Consultant.
4.1. Insurance.
Consultant represents that it and its agents, staff and subconsultants employed by it in
connection with the Services required to be rendered, are protected against the risk ofloss by the
following insurance coverages, in the following categories, and to the limits specified, policies of
which are issued by Insurance Companies that have a Best's Rating of" A, Class V" or better, or shall
meet with the approval of the City:
4.1.1. Statutory Worker's Compensation Insurance and Employer's Liability
Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 10.
4.1.2. Commercial General Liability Insurance including Business Automobile
Insurance coverage in the amount set forth in Exhibit A, Paragraph 10, combined single limit applied
separately to each project away ftom premises owned or rented by Consultant, which names City and
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. ----.-.----.---.. ..-......-.--.....
Applicant as an Additional Insured, and which is primary to any policy which the City may
otherwise carry ("Primary Coverage"), and which treats the employees of the City and Applicant in
the same manner as members ofthe general public ("Cross-liability Coverage").
4.1.3. Errors and Omissions insurance, in the amount set forth in Exhibit A,
Paragraph 10, unless Errors and Omissions coverage is included in the General Liability policy.
4.2. Proof ofInsurance Coverage.
4.2.1. Certificates of Insurance. Consultant shall demonstrate proof of coverage
herein required, prior to the commencement of services required under this Agreement, by delivery
of Certificates ofInsurance demonstrating same, and further indicating that the policies may not be
canceled without at least thirty (30) days written notice to the Additional Insured.
4.2.2. Policy Endorsements Required. In order to demonstrate the Additional Insured
Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial
General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City and
Applicant demonstrating same.
4.3. Public Statements.
All public statements and releases to the news media shall be the responsibility of the City
and the Applicant. The Consultant shall not publish or release news items, articles or present
lectures on the Project, either during the course ofthe study or after its completion, except on written
concurrence of the City and Applicant.
4.4. Communication to Applicant.
Consultant shall not communicate directly to the Applicant except in the presence ofthe City,
or by writing an exact copy of which is simultaneously provided to City, except with the express
consent of City. The Consultant may request such meetings with the Applicant to ensure the
adequacy of services performed by Consultant.
5. Non-Compensation Duties of the Applicant.
5.1. Documents Access.
The Applicant shall provide to the Consultant, through the City, for the use by the Consultant
and City, such documents, or copies of such documents requested by Consultant, within the
possession of Applicant reasonably useful to the Consultant in performing the services herein
required of Consultant, including but not limited to those described in Exhibit A, Paragraph 7.
Three Party Agreement
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5.2. Property Access.
The Applicant hereby grants permission to the City and Consultant to enter and access the
Property, to take any borings, make any tests, conduct any surveys or reconnaissance necessary to
deliver the Services of Consultant, subject to the approval of the Applicant. Consultant shall
promptly repair any damage to the subject property occasioned by such entry and shall indemnify,
defend, and hold Applicant harmless ftom all loss, cost, damage, expenses, claims, and liabilities in
connection with or arising ftom any such entry and access.
5.3. Communication to Consultant.
Applicant shall not communicate directly to the Consultant except in the presence of the City,
or by writing an exact copy of which is simultaneously provided to City, except with the express
consent of City. The Applicant may request such meetings as they desire with the Consultant to
ensure the adequacy of services performed by Consultant.
6. Administrative Representatives.
Each party designates the individuals (" Administrators") indicated in Exhibit A, Paragraph 8,
as said party's contract administrator who is authorized by said party to represent them in the routine
administration oftms agreement.
7. Conflicts ofInterest.
7.1. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 9, as an "FPPC filer", Consultant is
deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and
disclosure provisions, and shall report his economic interests to the City Clerk on the required
Statement of Economic Interests in such reporting categories as are specified in Paragraph 9 of
Exhibit A, or if none are specified, then as determined by the City Attorney.
7.2. Decline to Participate.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make,
or participate in making or in any way attempt to use Consultant's position to influence a
governmental decision in which Consultant knows or has reason to know Consultant has a financial
interest other than the compensation promised by this Agreement.
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7.3. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and
represents that Consultant has diligently conducted a search and inventory of Consultant's economic
interests, as the term is used in the regulations promulgated by the Fair Political Practices
Commission, and has determined that Consultant does not, to the best of Consultant's knowledge,
have an economic interest which would conflict with Consultant's duties under this agreement.
7.4. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants
and represents that Consultant will not acquire, obtain, or assume an economic interest during the
term of this Agreement which would constitute a conflict of interest as prohibited by the Fair
Political Practices Act.
7.5. Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants
and represents that Consultant will immediately advise the City Attorney of City if Consultant leams
of an economic interest of Consultant's which may result in a conflict of interest for the purpose of
the Fair Political Practices Act, and regulations promulgated thereunder.
7.6. Specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant, nor Consultant's immediate
family members, nor Consultant's employees or agents ("Consultant Associates") presently have any
interest, directly or indirectly, whatsoever in the property which is the subject matter ofthe Project,
or in any property within 10 radial miles from the exterior boundaries ofthe property which is the
subject matter of the Project, or ("Prohibited Interest").
Consultant further warrants and represents that no promise of future employment,
remuneration, consideration, gratuity or other reward or gain has been made to Consultant or
Consultant Associates by Applicant or by any other party as a result of Consultant's performance of
this Agreement. Consultant promises to advise City of any such promise that may be made during
the Term of this Agreement, or for 12 months thereafter.
Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest
within the Term of this Agreement, or for 12 months after the expiration ofthis Agreement.
Consultant may not conduct or solicit any business for any party to this Agreement, or for
any third party which may be in conflict with Consultant's responsibilities under this Agreement.
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8. Default of the Consultant for Breach.
This agreement may be terminated by the City for default if the Consultant breaches this
agreement or if the Consultant refuses or fails to pursue the work under this agreement or any phase
of the work with such diligence which would assure its completion within a reasonable period of
time. Termination of this agreement because of a default of the Consultant shall not relieve the
Consultant ftom liability of such default.
9. City's Right to Terminate Payment for Convenience, Documents.
9.1. Notwithstanding any other section or provision of this agreement, the City shall have
the absolute right at any time to terminate this agreement or any work to be performed pursuant to
this agreement.
9.2. In the event oftermination of this agreement by the City in the absence of default of
the Consultant, the City shall pay the Consultant for the reasonable value of the services actually
performed by the Consultant up to the date of such termination, less the aggregate of all sums
previously paid to the Consultant for services performed after execution of this agreement and prior
to its termination.
9.3. The Consultant hereby expressly waives any and all claims for damage or
compensation arising under this agreement, except as set forth herein, in the event of such
termination.
9.4. In the event of termination of this agreement, and upon demand of the City, the
Consultant shall deliver to the City, all field notes, surveys, studies, reports, plans, drawings and all
other materials and documents prepared by the Consultant in performance ofthis agreement, and all
such documents and materials shall be the property of the City; provided however, that the
Consultant may retain copies for their own use and the City shall provide a copy, at Applicant's cost,
of all such documents to the Applicant.
9.5. Applicant shall have no right to terminate Consultant, and shall not exercise any control
or direction over Consultant's work.
10. Administrative Claims Requirement and Procedures.
No suit shall be brought arising out of this agreement, against the City, unless a claim has
first been presented in writing and filed with the City of Chula Vista and acted upon by the City of
Chula Vista in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal
Code, the provisions of which are incorporated by this reference as if set fully set forth herein.
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11. Hold Harmless and Indemnification.
11.1. Consultant to Indemnify City and Applicant re Injuries.
Consultant shall defend, indemnifY, protect and hold harmless the City, its elected and
appointed officers and employees and Applicant ftom and against all claims for damages, liability,
cost and expense (including without limitation attorneys' fees) arising out of the conduct of the
Consultant, or any agent or employees, subcontractors, or others of City or Applicant in connection
with the execution of the work covered by this Agreement, except only for those claims arising from
the sole negligence or sole willful misconduct of the City, its officers, or employees, or Applicant,
Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and liability
incurred by the City, its officers, agents, or employees or Applicant in defending against such claims,
whether the same proceed to judgment or not. Further, Consultant at its own expense shall, upon
written request by the City or Applicant, defend any such suit or action brought against the City, its
officers, agents, or employees or Applicant. Consultants' indemnification of City and Applicant
shall not be limited by any prior or subsequent declaration by the Consultant.
11.2. Applicant to Indemnify City re Compensation of Consultant.
Applicant agrees to defend, indemnifY and hold the City harmless against and ftom any and
all claims, losses, damages, expenses or expenditures of City, including its elected officials, officers,
employees, agents, or representatives ofthe City ("City Indemnitees"), in any way resulting ftom or
arising out of the refusal to pay compensation as demanded by Consultant for the performance of
services required by this Agreement.
12. Business Licenses.
Applicant agrees to obtain a business license ftom the City and to otherwise comply with
Chula Vista Municipal Code, Title 5. Applicant further agrees to require Consultant to obtain such
business license and to comply with Chula Vista Municipal Code, Title 5.
13. Miscellaneous.
13.1. Consultant not authorized to Represent City.
Unless specifically authorized in writing by City, neither Consultant nor Applicant shall have
authority to act as City's agent to bind City to any contractual agreements whatsoever.
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13.2. Notices.
All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any party shall be
deemed to have been properly given or served if personally served or deposited in the United States
mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested,
at the addresses identified for the parties in Exhibit A.
13.3. Entitlement to Subsequent Notices.
No notice to or demand on the parties for notice of an event not herein legally required to be
given shall in itself create the right in the parties to any other or further notice or demand in the
same, similar or other circumstances.
13.4. Entire Agreement.
This Agreement, together with any other written document referred to or contemplated
herein, embody the entire Agreement and understanding between the parties relating to the subject
matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived
or discharged except by an instrument in writing executed by the party against which enforcement of
such amendment, waiver or discharge is sought.
13.5. Capacity of Parties.
Each signatory and party hereto hereby warrants and represents to the other party that it has
legal authority and capacity and direction !Tom its principal to enter into this Agreement; that all
resolutions or other actions have been taken so as to enable it to enter into this Agreement.
13.6. Governing LawNenue.
This Agreement shall be governed by and construed in accordance with the laws of the State
of California. Any action arising under or relating to this Agreement shall be brought only in the
federal or state courts located in San Diego County, State of California, and if applicable, the City of
Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder,
shall be the City ofChula Vista.
13.7. Modification.
No modification or waiver of any provision of this Agreement shall be effective unless the
same shall be in writing and signed by the parties hereto, and then shall be valid only in the specific
instance and for the purpose for which given.
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13.8. Counterparts.
This Agreement may be executed in more than one counterpart, each of which shall be
deemed to be an original but all of which, when taken together shall constitute but one instrument.
13.9. Severability.
In the event that any provision of this Agreement shall for any reason, be determined to be
invalid, illegal, or unenforceable in any respect, the parties hereto shall negotiate in good faith and
agree to such amendments, modifications, or supplements to this Agreement or such other
appropriate action as shall, to the maximum extent practicable in light of such determination,
implement and give effect to the intentions of the parties as reflected herein.
13.10. Headings.
The captions and headings in this Agreement are for convenience only and shall not define or
limit the provisions hereof.
13.11. Waiver.
No course of dealing or failure or delay, nor the single failure or delay, or the partial exercise
of any right, power or privilege, on the part of the parties shall operate as a waiver of any rights
herein contained. The making or the acceptance of a payment by either party with knowledge ofthe
existence of a breach shall not operate or be construed to operate as a waiver of any such breach.
13.12. Remedies.
The rights ofthe parties under this Agreement are cumulative and not exclusive of any rights
or remedies which the parties might otherwise have unless this Agreement provides to the contrary.
13.13. No Additional Beneficiaries.
Despite the fact that the required performance under this agreement may have an affect upon
persons not parties hereto, the parties specifically intend no benefit thereftom, and agree that no
performance hereunder may be enforced by any person not a party to this agreement.
Notwithstanding the foregoing, this is a three party agreement and the City is an express third party
beneficiary of the promises of Consultant to provide services paid for by Applicant.
(End of Page. Next Page is Signature Page.)
Three Party Agreement
9/18/01 Page 11
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Signature Page
NOW THEREFORE, the parties hereto, having read and understood the terms and conditions
of this agreement, do hereby express their consent to the terms hereofby setting their hand hereto on
the date set forth adjacent thereto.
Dated: City of Chula Vista
By:
Shirley Horton, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to Form:
f=drV\ L ~
Jo . aheny, City Attorney
Dated: Consultant: ~~
(ìj - B-Dì By: Cx
Charles S. Bull, President
Dated: q/nltJ I Applicant:
McMillin Otay Ranch, LLC, a Delaware limited
liability company
By: McMilli LLC, a Delaware
limited liabilit
By:
Title: \¡(,~. ~~
eft ~
By: \ ~ ! '\"
Title: \!,~ \h~,ck"K
Three Party Agreement
9/17/01 Page 12
7-/7
Exhibit A
Reference Date of Agreement: September 25,2001
Effective Date of Agreement: Date of City Council Approval of Agreement
City: City ofChula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Consultant: RECON
Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
Address: 1927 Fifth Avenue, Suite 200, San Diego, CA 92101-2358
Applicant: McMillin Otay Ranch, LLC
Business Form of Applicant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
Address: 2727 Hoover Avenue, National City, CA 91950
1. Property (Commonly known address or General Description):
The Village Six project area is located in the north-central portion of the Otay Valley Parcel of the
Otay Ranch General Development Plan (GDP) area. The Village Six Sectional Planning Area
(SPA) project area includes approximately 386 acres bound by the proposed alignments ofSR-125
on the east, Olympic Parkway on the north, La Media Road on the west, and Birch Road on the
south.
2. Project Description ("Project"):
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The proposed project consists of an Environmental Impact Report (EIR) for the Village Six Sectional
Planning Area plan. The Village Six SPA plan includes 2,086-unit residential units, as well as a
village core area containing commercial, public and community purpose facilities, school, park and
open space uses.
3. Entitlements applied for:
Proposed discretionary actions include: Sectional Planning Area (SPA) Plan, General Plan
Amendment and Tentative Subdivision Maps.
4. General Nature of Consulting Services ("Services--General"):
RECON shall prepare an EIR for Otay Ranch Village Six SPA and Conceptual Tentative Maps to
the satisfaction ofthe Environmental Review Coordinator and to meet State and City environmental
review requirements. The EIR shall be a second "tier" EIR ftom the Final Otay Ranch Program EIR
#EIR 90-01, SCH #89010154) and Sphere ofInfluence Update EIR (SCH #94041056), hereinafter
referred to as the "previous EIRs").
5. Detailed Scope of Work ("Detailed Services"):
The Environmental Consultant shall prepare an Environmental Impact Report (EIR) for the Otay
Ranch Village Six project in accordance with California Environmental Quality Act (CEQA). The
Environmental Consultant shall also work closely with the City ofChula Vista staff to ensure that
the Village Six EIR (EIR 98-01) shall meet all of the City's needs. The EIRmust comply with the
current California Environmental Quality Act (CEQA) of 1970 (Public Resources Code Section
21000 et seq.); the current State CEQA guidelines (California Administration Code section 15000 et
seq.); the Environmental Review Procedures of the City of Chula Vista; and the regulations,
requirements, and procedures of any responsible public agency or any agency with jurisdiction by
law. All Detailed Services described herein shall be performed by RECON to the satisfaction ofthe
Environmental Review Coordinator.
RECON shall consult with all trustees and responsible agencies, agencies having jurisdiction by law
and any other person or organization having control over or interest in the project as necessary to
ensure that the EIR is current and complete as to issues raised by such agencies.
The Draft and Final EIR shall be prepared in such a manner that they will be meaningful and useful
to decision-makers and to the public. Technical data should be summarized in the body ofthe report
and placed in an appendix.
The EIR shall be prepared to include the required sections of an EIR, as set forth in State CEQA
Guidelines Section 15122 - 15131. The document shall be formatted as directed by the City and
shall include, but not be limited to the following sections:
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. Table of Contents
. Executive Summary
. Introduction
. Project Description
. Environmental Setting
. Environmental Impact Analysis
. Cumulative Impacts
. Growth Inducing Impacts
. Alternatives
. Mitigation Monitoring & Reporting Program
. Irreversible Environmental Changes
. Effects Found not to be Significant
. References, Persons and Agencies Contacted and EIR Preparation
RECON shall compile supporting documents into separate volume(s) to be referred to as the
Appendices to the EIR. The Appendices shall include the Notice of Preparation (NOP), responses to
the NOP and any technical reports and relevant technical information generated for the EIR
SPECIFIC TASK DESCRIPTION:
In providing environmental services for the Village Six EIR, RECON shall perform the following
tasks:
Task 1: RECON will complete a field check for recorded archaeological sites on the Village Six
property then summarize the findings in Third Screencheck EIR and prepare a letter report.
Task 2: RECON will consolidate the recommendations of the noise reports prepared for the
McMillin and Otay Ranch ownerships included in the Village Six SPA and evaluate these
reports for completeness and consistency. RECON will summarize the impacts and
mitigation measures in the Third Screencheck EIR and prepare necessary composite
graphics.
Task 3: RECON will review the technical reports for the McMillin and Otay Ranch ownerships
included in the Village Six SPA and evaluate these reports for completeness and
consistency as they relate to the potential environmental impacts and mitigation measures.
RECON shall summarize the results of these technical reports in the Third Screencheck
EIR.
Task 4: RECON will provide a comprehensive review and rewrite of the Second Screencheck EIR
and will submit 30 copies of a Third Screencheck EIR in three-ring binders with one and
one-half inch spacing.
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Task 5: RECON will incorporate City staff and legal counsel comments on the Third Screencheck
EIR and prepare and submit five (5) copies ofthe Administrative Draft EIR to the City for
review and comment.
Task 6: RECON will incorporate City staff and legal counsel comments on the Administrative
Draft EIR and then prepare the public review draft EIR acceptable to the Environmental
Review Coordinator.
Task 7: RECON will provide 90 copies ofthe public review draft EIR and 50 copies ofthe public
review draft EIR technical appendices to the City for distribution. RECON will also
submit a full version of the public review draft EIR in electronic format (Microsoft Word).
Task 8: During the public review period, RECON will prepare and submit five (5) draft copies of
the Findings of Fact and Statement of Overriding Considerations for the Village Six EIR
based on information in the EIR and project information provided by the applicant.
Task 9: Following the close of public review, RECON will meet with City staff and review all
comments received. RECON will respond to public review comments and submit five (5)
copies of the draft responses to comments and amended EIR sections to the City for
review.
Task 10: Following the close of public review, RECON will revise the draft Findings of Fact and
Statement of Overriding Considerations based on comments submitted by City staff and
legal counsel and submit five (5) copies of the Findings of Fact and Statement of
Overriding Considerations to the City for final review. Should additional changes be
needed to the Findings of Fact and Statement of Overriding Considerations as a result of
the comments received during the public review period, then RECON shall revise the
Findings of Fact and Statement of Overriding Considerations to incorporate these changes.
Any changes to the Findings of Fact and Statement of Overriding Considerations shall be
subject to the approval of the Environmental Review Coordinator.
Task 11: RECON will revise the draft responses to comments and amended EIR sections based on
comments submitted by City staff and legal counsel. Upon completion, RECON shall
submit these revised draft responses to comments and amended EIR sections for review by
the City. Any changes to the responses to comments and amended EIR sections shall be
subject to the approval of the Environmental Review Coordinator. If additional studies or
analyses are requested by the City as a result of the comments received, RECON will
complete those studies based on the receipt of authorization from the City's Environmental
Review Coordinator.
Task 12: RECON shall submit five (5) copies of the Final Findings of Fact and Statement of
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9/18/01 Page 16
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Overriding Considerations to the City.
Task 13: RECON will prepare a Final EIR, which includes the Responses to public comments and
the Mitigation Monitoring and Reporting Program (MMRP).
Task 14: RECON will provide forty (40) copies of the final EIR and thirty-five (35) copies of the
EIR technical appendices to the City. RECON will also submit a full version ofthe Final
EIR in electronic format (Microsoft Word).
Task 15: RECON will prepare the Notice of Completion (NOC) for the project.
Task 16: RECON will prepare the Notice of Determination for the project and coordinate the filing
with the County Clerk's office.
Task 17: RECON's project manager will meet with the City ofChula Vista and representatives
of the applicant for weekly team meetings as requested by the City to complete the
environmental process in a timely manner. In addition to the meetings needed to
complete the environmental documents, the following public meetings and hearings
will be attended.
. Resource Conservation Commission meeting (1 meeting)
. Planning Commission public hearing on the public review draft EIR (1 meeting)
. Planning Commission hearing on the final EIR (1 meeting)
. City Council hearing on the Final ElR (1 meeting)
Additional meetings requested by the City will be considered additional work pursuant
to Section 3.2.2 of the contract.
Task 18: RECON will prepare the environmental documents (i.e. Addendums) for the Village Six
tentative maps. The Environmental Review Coordinator will determine the appropriate
environmental document at the time the tentative maps are processed. Should the
Environmental Review Coordinator determine that an Addendum is not the appropriate
document then additional work on a document other than an addendum shall be processed
pursuant to Section 3.2.2 of the contract.
6. Schedule, Milestone, Time-Limitations within which to Perform Services.
Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
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Dates or Time Limits for Delivery of Deliverables:
Deliverable No.1: Public review draft EIR September 25, 2001 (Task 7)
Deliverable No.2: Draft Findings of Fact and Draft Statement of October 15, 2001 (Task 8)
Overriding Considerations
Deliverable No.3: Draft Responses to Comments and November 29, 2001 (Task 9)
Amended EIR sections
Deliverable No.4: Revised Draft Findings of Fact and Draft November 29, 2001 (Task 10)
Statement of Overriding Considerations
Deliverable No.5: Revised Draft Responses to Comments and December 20, 200 I (Task 11)
Amended EIR sections
Deliverable No.6: Final Findings of Fact and Statement of January 3,2001 (Task 12)
Overriding Considerations
Deliverable No.7: Final EIR/Response to Comments/MMRP January 9, 2002 (Task 13)
Deliverable No.8: Environmental documents for TMs (i.e. Addendums) April 15, 2002 (Task 18)
Dates for Completion of all Consultant Services: April 15, 2002 or TM approval by the City
Council, or completion of all tasks to the satisfaction of the Environmental Review Coordinator,
whichever is later.
7. Documents to be provided by Applicant to Consultant:
(X) site plans (X) grading plans ( ) architectural elevations (X) project description.
(X) other: SPA plan, PFFP, and related GDP documents
8. Contract Administrators.
City: Marilyn R.F. Ponseggi, Environmental Review Coordinator
Applicant: Robert Pletcher, Vice President Engineering, McMillin Otay Ranch LLC
Consultant: Charles Bull, President, RECON
9. Statement ofEconomic Interests, Consultant Reporting Categories, per Conflict of Interest Code:
(X) Not Applicable. Not an FPPC Filer.
( ) Category No.!. Investments and sources of income.
( ) Category No.2. Interests in real property.
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( ) Category No.3. Investments, interest in real property and sources of income
subject to the regulatory, permit or licensing authority ofthe
department.
( ) Category No.4. Investments in business entities and sources of income which
engage in land development, construction or the acquisition or
sale ofreal property.
( ) Category No.5. Investments in business entities and sources of income ofthe
type which, within the past two years, have contracted with
the City of Chula Vista (Redevelopment Agency) to provide
services, supplies, materials, machinery or equipment.
( ) Category No.6. Investments in business entities and sources of income ofthe
type which, within the past two years, have contracted with
the designated employee's department to provide services,
supplies, materials, machinery or equipment.
( ) Category No.7. Business positions.
10. Insurance Requirements:
() Statutory Worker's Compensation Insurance
() Employer's Liability Insurance coverage: $1,000,000.
(X) Commercial General Liability Insurance: $1,000,000.
() Errors and Omissions insurance: None Required (included in Commercial General
Liability coverage).
(X) Errors and Omissions insurance: $250,000 (not included in Commercial General
Liability coverage).
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Exhibit B
Additional Recitals
WHEREAS, pursuant the California Environmental Quality Act (CEQA) the Environmental
Review Coordinator has determined that the proposed project requires the preparation of a EIR; and
WHEREAS, it was determined by the Director of Planning and Building that staffhas neither
the available time or expertise to perform the subject work; and
WHEREAS, the Applicant has deposited or will deposit an initial sum for the consulting
services necessary for the preparation of the environmental documents as outlined in Exhibit" A";
and
WHEREAS, the services of an Environmental Consultant for the project were contracted
with the City under separate three-party agreement; and
WHEREAS, the former Environmental Consultant for the project was unable to complete the
services required by the City; and
WHEREAS, it is in the City's best interest to hire an Environmental Consultant to complete
the proposed project in accordance with the City's direction to meet the schedule of the project;
WHEREAS, it is in the City's best interest to waive the City's formal bidding process as well
as impractical, in that the City is in immediate need of an Environmental Consultant to meet the
schedule of the project; and
WHEREAS, the Consultant has demonstrated the ability to meet the schedule prescribed by
the City for completion of the project; and
WHEREAS, the Consultant is uniquely qualified to serve as the Consultant for this contract
based on their demonstrated ability to perform while working as a Consultant to the City on other
projects, their unique familiarity with the specific project issues and requirements, as well as their
capabilities in field research and coordination with resource agencies; and
WHEREAS, the Environmental Review Coordinator has negotiated the details of this
agreement in accordance with procedures set forth in Section 6.5.2 of the Environmental Review
Procedures.
Three Party Agreement
9/18/01 Page 20
7.)5
Exhibit C
Compensation Schedule and Deposit: Terms and Conditions.
( ) Single Fixed Fee Arrangement.
For performance of all of the General and Detailed Services of Consultant as herein required,
Applicant shall pay a single fixed fee in the amounts and at the times or milestones set forth below:
(X) Single Fixed Fee Amount: $102,040.00
Milestone or Event Amount or Percent
of Fixed Fee
1. Submittal and acceptance of draft ErR 50% ($51,020.00)
2. Final EIR/Findings/Mitigation Monitoring and Reporting 25% ($25,510.00)
Program accepted by Environmental Review Coordinator
3. Environmental documents on tentative maps accepted by 15% ($15,306.00)
Environmental Review Coordinator
4. Satisfactory completion of the contract as determined by the 10% ($10,204.00)
Environmental Review Coordinator (retention amount)
Subtotal $102,040.00
5. 25% Contingency Fee ** $25,510.00
**Pursuant to Section 3.2.2 of the contract.
( ) Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the General and Detailed Services of
Consultant as are separately identified in Exhibit C, under the category labeled "Phased Fixed Fee
Arrangement", Applicant shall pay the fixed fee associated with each phase of Services, in the
amounts and at the times or milestones set forth hereinbelow ("Phase Fixed Fee Arrangement").
Consultant shall not commence Services under any Phase, and shall not be entitled to the
compensation for a Phase, unless Applicant shall have issued a notice to proceed to Consultant as to
said Phase.
Three Party Agreement
9/18/01 7-2~ Page 21
Fee for
Phase Said Phase
1. $
2.
$
3. $
4. $
Three Party Agreement
9/18/01 Page 22
7- .), 7
--- --. -----_.__._._-------~------
( ) Time and Materials
For performance of the General and Detailed Services of Consultant as herein required,
Applicant shall pay Consultant for the productive hours of time and material spent by Consultant in
the performance of said Services, at the rates or amounts set forth hereinbelow according to the
following terms and conditions:
() Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and materials in excess of said
Maximum Compensation amount, Consultant agrees that Consultant will perform all ofthe General
and Detailed Services herein required of Consultant for - including all Materials and other
"reimburseables" ("Maximum Compensation"). The City will also receive a standard administrative
fee amounting to 10% ofthe contract.
(X) Limitation without Further Authorization on Time and Materials Arrangement
At such time as Consultant shall have incurred time and materials equal to $102,040.00 (Plus
$25,510.00 ifnegotiated as set forth above) ("Authorization Limit"), Consultant shall not be entitled
to any additional compensation without further authorization issued in writing and approved by the
City Council. Nothing herein shall preclude Consultant ftom providing additional Services at
Consultant's own cost and expense.
Rate Schedule
Hourly
Category of Employee Rate
Principal $127.00
Associate $87.00
Assistant $78.00
Production Supervisor $53.00
Graphics $52.00
Three Party Agreement
9/18/01 Page 23
7-"'<8
Cost Breakdown
Task Total cost
Third Screencheck $19,620.00
Administrative Draft EIR $15,160.00
Draft EIR $11,512.00
Final EIR/Findings/MMRP $23,552.00
Coordination and Meetings $15,688.00
PrintinglMaps for Village Six EIR $12,508.00
Addendums for TMs $4,000.00
Total Labor and Expenses $102,040.00
Materials Separately Paid For by Applicant
Cost or Rate
(X) Materials Actua:
Reports
Copies
(X) Travel Actual
(X) Printing Actual
(X) Postage Actual
(X) Delivery Actual
(X) Long Distance Telephone Charges Actual
(X) Other Actual Identifiable Direct Costs Actual
- - ---------- ------------------ - --- -
Deposit
(X) Deposit Amount: $95,000- Applicant agrees to deposit within 10 days of City request to do
so, a sum (estimated to be up to $5,000) for additional Materials separately paid for by the
Applicant.
Three Party Agreement
9/18/01 Page 24
7-29
(X) Use of Deposit to Pay Consultant.
Notwithstanding the sole duty and liability of Applicant to pay Consultant, if this paragraph
is "checked", upon City's receipt of billing by Consultant, and determination by City in good faith
that Consultant's billing is proper, ajudgment for which Applicant agrees to hold City harmless and
waive any claim against City, City shall pay Consultant's billing ftom the amount of the Deposit. If
Applicant shall protest the propriety of a billing to City in advance of payment, City shall consider
Applicant's protest and any evidence submitted prior to the due date for the payment of said bill by
Applicant in making its good faith determination of propriety.
Applicant agrees to maintain a minimum balance of$95,000 in subject account, which shall
be immediately replenished upon the request of the City.
( ) Use of Deposit as Security Only; Applicant to Make Billing Payments.
Upon determination by City made in good faith that Consultant is entitled to compensation
which shall remain unpaid by Applicant 30 days after billing, City may, at its option, use the Deposit
to pay said billing.
----------------_u - - u - ----------
(X) Bill Processing:
A. Consultant's Billing to be submitted for the following period of time:
(X) Monthly
( ) Quarterly
( ) Other:
B. Day of the Period for submission of Consultant's Billing:
(X) First of the Month
( ) 15th Day of each Month
( ) End ofthe Month
( ) Other:
C. City's Account Number: To be assigned after agreement is processed.
D. Security for Performance
( ) Performance Bond, $
() Letter of Credit, $
Three Party Agreement
9/18/01 Page 25
7-30
""-"---" "-"-""--.-.-."-"
( ) Other Security:
Type:
Amount: $
(X) Retention. If this space is checked, then notwithstanding other provisions to
the contrary requiring the payment of compensation to the Consultant sooner,
the City shall be entitled to retain, at their option, the following Retention
Percentage until the City determines that the Retention Release Event, listed
below, has occurred:
(X) Retention Percentage: 10%
( ) Retention Amount: $-
Retention Release Event:
(X) Completion of All Consultant Services to the satisfaction ofthe
Environmental Review Coordinator
() Other:
Three Party Agreement
9/18/01 Page 26
7'31
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COUNCIL AGENDA STATEMENT
Item 8
Meeting Date9/25/01
ITEM TITLE: Resolution of the City ofChula Vista City Council approving a Three-Party
Agreement between the City of Chula Vista, Linscott, Law & Greenspan
Engineers, Consultant; and the Eastlake Company, applicant, related to
transportation consulting services to be rendered for Eastlake Village Center
North, and authorizing the mayor to ex~ said agreement
~
SUBMITTED BY: Director of Planning and Building /~/'
REVIEWED BY: City ManageR (4/5ths Vote: Yes - No X)
The EastLake Company proposes to develop a 79 .4 I-acre site located at the EastLake Parkway and
Otay Lakes Road. In conformance with the California Environmental Quality Act (CEQA), the
proposed project will require environmental review that includes a traffic impact analysis. This
report requests that the City Council approve the proposed contract with Linscott, Law & Greenspan
Engineers (LLG) for $25,535, to prepare the traffic impact analysis for EastLake Village Center
North.
RECOMMENDATION: That the City Council adopt resolution approving a three-party
agreement between the City of Chula Vista; LLG and The EastLake Company for transportation
consulting services to be rendered for EastLake Village Center North.
DISCUSSION:
The Eastlake I SPA Plan Amendment/Kaiser Permanente Chula Vista Medical Center Supplemental
EIR (EIR 92-01), June, 1992 originally envisioned 1,335,000 square feet of hospital and medical
office land use for the project site which is located at the northwest quadrant of the intersection of
Otay Lakes Road and Eastlake Parkway. In April, 1997 Kaiser Permanente advised the City by
letter that south county medical needs would be better served by a site in the City of San Diego
located at the northeast corner of Palm and Dennery. Further, the letter stated that Kaiser would no
longer be pursuing the development of a hospital on the Eastlake site.
The proposed project envisions a community shopping center on the southern 36.7 acres of the
Village Center North parcel. Uses range from "Big Box" retail, such as Home Depot and Target, to
smaller specialty retail and restaurants. The northern approximately 18.33 acres of the parcel would
likely remain as medical office land use. However, these uses are sill being refined. The proposed
project would require a SPA Amendment and other related documents to accommodate this
development.
In order to expedite processing the requested amendments, City staff initiated an informal consultant
selection process and distributed requests for proposals to three traffic engineering consultants. City
staff recommends LLG for this project.
6- I
---.-----------.--------
Page 2, Item-
Meeting Date 9/25/01
LLG is being recommended as the traffic consultant for the project because the flIDl understands the
complex, inter-related issues of traffic in the eastern territories. LLG has extensive traffic experience
in eastern Chula Vista havingjust completed the Eastlake III Woods and Vistas Replanning Program
Subsequent EIR (EIR#Ol-Ol) and is currently involved in the Otay Ranch Villages 6 & 11
Environmental Review process. LLG has performed well when previously retained by the City of
Chula Vista and has the resources to perform the work in the timeftames set forth.
Staff has negotiated an agreement, pending Council approval, with LLG for $25,535, which includes
$2,000 in contingency to provide a traffic impact analysis study for the project (Attachment A). It is
anticipated that LLG' s work will be completed in December 2001. If additional work is needed (i.e.,
additional traffic models), the contingency of up to $2,000 may be used to complete the project upon
direction by City staff and concurrence by the applicant.
This consultant is currently doing work for the City. These additional services will increase the
amount of work they are doing for the City over the Council approved limit of$50,000. Therefore,
this contract is coming before the City Council.
FISCAL IMPACT:
None. The EastLake Company shall provide necessary funding for completion of the traffic impact
report.
Attachment
1. Agreement
6
-.--.------..-..
RESOLUTION
RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL
APPROVING A THREE-PARTY AGREEMENT BETWEEN THE CITY OF
CHULA VISTA; LINSCOTI, LAW & GREENSPAN ENGINEERS,
CONSULTANT; AND THE EASTLAKE COMPANY, APPLICANT,
RELATED TO TRANSPORTATION CONSULTING SERVICES TO BE
RENDERED FOR EASTLAKE VILLAGE CENTER NORTH, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
WHEREAS, the Applicant has deposited an initial sum for traffic consulting services for
the EastLake Village Center North project; and
WHEREAS, a request for proposal was distributed to three qualified traffic consulting
fmns in accordance with the City's informal bidding process, and two proposals were received
by the City that were responsive to the request; and
WHEREAS, the City is in immediate need of an experienced traffic consultant that is
familiar with the City's policies and procedures and who has indicated the ability to meet the
schedule of the project; and
WHEREAS, Linscott, Law and Greenspan Engineers is uniquely qualified to serve as
the Consultant for this contract based on their demonstrated ability to perform while working as
a Consultant to the City on other projects, their familiarity with project requirements, and proven
ability to work with and interpret modeling data provided by the San Diego Association of
Governments; and
WHEREAS, the Environmental Review Coordinator has negotiated the details of this
agreement in accordance with procedures set forth in Section 6.5.2 of the Environmental Review
Procedures.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve the three-party agreement between the City of Chula Vista;
Linscott, Law & Greenspan Engineers and The EastLake Company ("Applicant") to prepare a
traffic impact analysis for EastLake Village Center North.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said Agreement for and on behalf of the City of Chula
Vista.
Presented by Approved as to form by
~~~~
Robert A. Leiter Jo :t\iI. Kaheny
Director of Planning and Building City Attorney
_d_- --...--------- -------
Three Party Agreement
Between
City of Chula Vista,
Linscott, Law & Greenspan, Engineers, Consultant, and
The EastLake Company, LLC, Applicant
For Consulting Work to be Rendered
for EastLake Village Center North
1. Parties.
This Agreement is made as of the reference date set forth in Exhibit A, for the purposes of
reference only, and effective as of the date last executed by the parties hereto, between the City of
Chula Vista ("City") herein, a municipal corporation of the State of California, the person designated
on the attached Exhibit A as "Consultant", Linscott, Law & Greenspan, Engineers, whose business
form and address are indicated on the attached Exhibit A, and the person designated on the attached
Exhibit A as "Applicant", The EastLake Company, LLC, whose business form and address are
indicated on the attached Exhibit A, and is made with reference to the following facts:
2. Recitals, Warranties and Representations.
2.1. Warranty of Ownership.
Applicant warrants that Applicant is the owner ofland ("Property") commonly known as, or
generally located as, described on Exhibit A, Paragraph 1, or has an option or other entitlement to
develop said Property.
2.2. Applicant desires to develop the Property with the Project described on Exhibit A,
Paragraph 2, and in that regard, has made application ("Application") with the City for approval of
the plan, map, zone, or other permits ("Entitlements") described on Exhibit A, Paragraph 3.
2.3. In order for the City to process the Application of Applicant, Work ofthe general nature
and type described in Exhibit A, Paragraph 4, ("Work") will need to be completed.
2.4. City does not presently have the "in-house" staff or resources to process the application
within the time frame requested for review by the Applicant.
2.5. This agreement proposes an arrangement by which Applicant shall retain, and be liable
for the costs of retaining, Consultant, who shall perform the services required of Consultant by this
Agreement solely to, and under the direction of, the City.
Three Party Agreement
9/19/2001 Page 1
'C-li
2.6. Additional facts and circumstances regarding the background for this agreement are set
forth on Exhibit B.
3. Agreement.
NOW, THEREFORE, IT IS MUTUALLY AGREED TO AND BETWEEN THE CITY,
CONSULTANT, AND APPLICANT AS FOLLOWS:
3.1. Employment of Consultant by Applicant.
Consultant is hereby engaged by the Applicant, not the City, and at Applicant's sole cost and
expense, to perform to, and for the primary benefit of, City, and solely at City's direction, all ofthe
services described on the attached Exhibit A, Paragraph 4, entitled "General Nature of Consulting
Services", ("General Services"), and in the process of performing and delivering said General
Services, Consultant shall also perform to and for the benefit of City all ofthe services described in
Exhibit A, Paragraph 5, entitled "Detailed Scope of Work", ("Detailed Services"), and all services
reasonably necessary to accomplish said General Services and Detailed Scope of Work, and shall
deliver such documents required ("Deliverables") herein, all within the time ftames herein set forth,
and in particular as set forth in Exhibit A, Paragraph 6, and ifnone are set forth, within a reasonable
period oftime for the diligent execution of Consultant's duties hereunder. Time is ofthe essence of
this covenant.
The Consultant does hereby agree to perform said General and Detailed Services to and for
the primary benefit of the City for the compensation herein fixed to be paid by Applicant.
In delivering the General and Detailed Scrvices hereunder, the Consultant shall do so in a
good, professional manner consistent with that level of care and skill ordinarily exercised by
members of the profession currently practicing under similar conditions and in similar locations, at
its own cost and expense except for the compensation and/or reimbursement, if any, herein promised,
and shall furnish all of the labor, technical, administrative, professional and other personnel, all
supplies and materials, machinery, equipment, printing, vehicles, transportation, office space and
facilities, calculations, and all other means whatsoever, except as herein otherwise expressly
specified to be furnished by the City or Applicant, necessary or proper to perform. and complete the
work and provide the Services required of the Consultant.
3.2. Compensation of Consultant.
Applicant shall compensate Consultant for all services rendered by Consultant without regard
to the conclusions reached by the Consultant, and according to the terms and conditions set forth in
Exhibit C adjacent to the governing compensation relationship indicated by a "checkmark" next to
the appropriate arrangement, by paying said amount to the City, within 15 days of Consultant's
billing, or in accordance with the security dcposit provisions of Paragraph 3.3 and Exhibit C, if
Three Party Agreement
9/19/2001 Page 2
? ~
checked, and upon receipt of such payment by the City, City shall promptly, not later than 15 days,
or in accordance with the Bill Processing procedure in Exhibit C, if checked, pay said amount to the
Consultant. City is merely acting in the capacity as a conduit for payment, and shall not be liable for
the compensation unless it receives same from Applicant. Applicant shaH not make any payments
of compensation or otherwise directly to the Consultant.
3.2.1. Additional Work. Ifthe Applicant, with the concurrence of City, determines
that additional services ("Additional Services") are needed ftom Consultant ofthe type Consultant is
qualified to render or reasonably related to the Services Consultant is otherwise required to provide
by this Agreement, the Consultant agrees to provide such additional services on a time and materials
basis paid for by Applicant at the rates set forth in Exhibit C, unless a separate fixed fee is otherwise
agreed upon in writing for said Additional Work between the parties.
3.2.2. In the event that the City shaH determine that additional work is required to be
performed above and beyond the scope of work herein provided, City will consult with Applicant
regarding the additional work, and if thereupon the Applicant fails or refuses to arrange and pay for
said Additional Services, the City may, at its option, suspend any further processing of Applicant's
Application until the Applicant shaH deposit the City's estimate of the costs of the additional work
which the City determines is or may be required. Applicant shall pay any and aH additional costs for
the additional work.
3.2.3. Reductions in Scope of Work. City may independently, or upon request ftom
Consultant, from time to time reduce the Services to be performed by the Consultant under this
Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the
purpose of negotiating a corresponding reduction in the compensation associated with said reduction.
Upon failure to agree, the Fixed Fee may be unilateraHy reduced by the City by the amount oftime
and materials budgeted by Consultant for the Services deleted.
3.3. Security for Payment of Compensation by Applicant.
3.3.1. Deposit. As security for the payment of Consultant by Applicant, Applicant
shall, upon execution of this Agreement, deposit the amount indicated on Exhibit C as "Deposit
Amount" with the City, as trustee for Consultant, the conditions of such trust being as indicated on
Exhibit C and as hereinbelow set forth:
3.3.1.1 Other Terms of Deposit Trust.
3.3.1.1.1. City shaH also be entitled to retain ftom said Deposit all
costs incurred by City for which it is entitled to compensation by law or under the terms of this
agreement.
Three Party Agreement
9/19/2001 Page 3
-,
<:: -h
3.3.1.1.2. All interest earned on the Deposit Amount, if any, shall
accrue to the benefit of, and be used for, Trust purposes. City may, in lieu of deposit into a separate
bank account, separately account for said deposit in one or more of its various bank accounts, and
upon doing so, shall proportionately distribute to the Deposit Trust, the average interest earned
during the period on its general fund.
3.3.1.1.3. Any unused balance of Deposit Amount, including any
unused interest earned, shall be returned to Applicant not later than 30 days after the termination of
this Agreement and any claims resulting thereftom.
3.3.1.1.4. Applicant shall be notified within 30 days afterofthe use of
the Deposit in any manner. Nothing herein shall invalidate use ofthe Deposit in the manner herein
authorized.
3.3.1.1.5. At such time as City shall reasonably determine that
inadequate funds remain on Deposit to secure future compensation likely due Consultant or City,
City may make demand of Applicant to supplement said Deposit Amount in such amount as City
shall reasonably specifY, and upon doing so, Applicant shall, within 30 days pays said amount
("Supplemental Deposit Amount") to City. Said Supplement Deposit Amount or Amounts shall be
governed by the same terms of trust governing the original Deposit.
3.3.2. Withholding of Processing. In addition to use of the Deposit as security, in
order to secure the duty of Applicant to pay Consultant for Services rendered under this agreement,
City shall be entitled to withhold processing of Applicant's Application upon a breach of Applicant's
duty to compensate Consultant.
4. Non-Service Related Duties of Consultant.
4.1. Insurance.
Consultant represents that it and its agents, staff and subconsultants employed by it in
connection with the Services required to be rendered, are protected against the risk of loss by the
following insurance coverages, in the following categories, and to the limits specified, policies of
which are issued by Insurance Companies that have a Best's Rating of "A, Class V" arbeIter, or shall
meet with the approval of the City:
4.1.1. Statutory Worker's Compensation Insurance and Employer's Liability
Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 10.
4.1.2. Commercial General Liability Insurance including Business Automobile
Insurance coverage in the amount set forth in Exhibit A, Paragraph 10, combined single limit applied
separately to each project away from premises owned orrented by Consultant, which names City and
Three Party Agreement
9/19/2001 Page 4
(~- I
Applicant as an Additional Insured, and which is primary to any policy which the City may
otherwise carry ("Primary Coverage"), and which treats the employees ofthe City and Applicant in
the same manner as members of the general public ("Cross-liability Coverage").
4.1.3. Errors and Omissions insurance, in the amount set forth in Exhibit A,
Paragraph 10, unless Errors and Omissions coverage is included in the General Liability policy.
4.2. Proof ofInsurance Coverage.
4.2.1. Certificates of Insurance. Consultant shall demonstrate proof of coverage
herein required, prior to the commencement of services required under this Agreement, by delivery
of Certificates ofInsurance demonstrating same, and further indicating that the policies may not be
canceled without at least thirty (30) days written notice to the Additional Insured.
4.2.2. Policy Endorsements Required. In order to demonstrate the Additional Insured
Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial
General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City and
Applicant demonstrating same.
4.3. Public Statements.
All public statements and releases to the news media shall be the responsibility of the City
and the Applicant. The Consultant shall not publish or release news items, articles or present
lectures on the Project, either during the course ofthe study or after its completion, except on written
concurrence of the City and Applicant.
4.4. Communication to Applicant.
Consultant shall not communicate directly to the Applicant except in the presence ofthe City,
or by writing an exact copy of which is simultaneously provided to City, except with the express
consent of City. The Consultant may request such meetings with the Applicant to ensure the
adequacy of services performed by Consultant.
5. Non-Compensation Duties of the Applicant.
5.1. Documents Access.
The Applicant shall provide to the Consultant, through the City, for the use by the Consultant
and City, such documents, or copies of such documents requested by Consultant, within the
possession of Applicant reasonably useful to the Consultant in performing the services herein
required of Consultant, including but not limited to those described in Exhibit A, Paragraph 7.
Three Party Agreement
9/19/2001 Page 5
?-?
5.2. Property Access.
The Applicant hereby grants permission to the City and Consultant to enter and access the
Property, to take any borings, make any tests, conduct any surveys or reconnaissance necessary to
deliver the Services of Consultant, subject to the approval of the Applicant. Consultant shall
promptly repair any damage to the subject property occasioned by such entry and shall indemnify,
defend, and hold Applicant harmless ITom all loss, cost, damage, expenses, claims, and liabilities in
connection with or arising ITom any such entry and access.
5.3. Communication to Consultant.
Applicant shall not communicate directly to the Consultant except in the presence of the City,
or by writing an exact copy of which is simultaneously provided to City, except with the express
consent of City. The Applicant may request such meetings as they desire with the Consultant to
ensure the adequacy of services performed by Consultant.
6. Administrative Representatives.
Each party designates the indi viduals (" Administrators") indicated in Exhibit A, Paragraph 8,
as said party's contract administrator who is authorized by said party to represent them in the routine
administration of this agreement.
7. Conflicts ofInterest.
7.1. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 9, as an "FPPC filer", Consultant is
deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and
disclosure provisions, and shall report his economic interests to the City Clerk on the required
Statement of Economic Interests in such reporting categories as are specified in Paragraph 9 of
Exhibit A, or ifnone are specified, then as determined by the City Attorney.
7.2. Decline to Participate.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make,
or participate in making or in any way attempt to use Consultant's position to influence a
governmental decision in which Consultant knows or has reason to know Consultant has a financial
interest other than the compensation promised by this Agreement.
Three Party Agreement
9/t9/2001 Page 6
" 7
c
7.3. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and
represents that Consultant has diligently conducted a search and inventory of Consultant's economic
interests, as the term is used in the regulations promulgated by the Fair Political Practices
Commission, and has determined that Consultant does not, to the best of Consultant's knowledge,
have an economic interest which would conflict with Consultant's duties under this agreement.
7.4. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants
and represents that Consultant will not acquire, obtain, or assume an economic interest during the
term of this Agreement which would constitute a conflict of interest as prohibited by the Fair
Political Practices Act.
7.5. Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants
and represents that Consultant will immediately advise the City Attorney of City if Consultant learns
of an economic interest of Consultant's which may result in a conflict of interest for the purpose of
the Fair Political Practices Act, and regulations promulgated thereunder.
7.6. Specific Warranties Against Economic Intcrests.
Consultant warrants and represents that neither Consultant, nor Consultant's immediate
family members, nor Consultant's employees or agents ("Consultant Associates") presently have any
interest, directly or indirectly, whatsoever in the property which is the subject matter of the Project,
or in any property within 10 radial miles ftom the exterior boundaries of the property which is the
subject matter of the Project, or ("Prohibited Interest").
Consultant further warrants and represents that no promise of future employment,
remuneration, consideration, gratuity or other reward or gain has been made to Consultant or
Consultant Associates by Applicant or by any other party as a result of Consultant's performance of
this Agreement. Consultant promises to advise City of any such promise that may be made during
the Term of this Agreement, or for 12 months thereafter.
Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest
within the Term of this Agreement, or for 12 months after the expiration ofthis Agreement.
Consultant may not conduct or solicit any business for any party to this Agreement, or for
any third party which may be in conflict with Consultant's responsibilities under this Agreement.
Three Party Agreement
9/19/2001 Page 7
? ::.)
8. Default of the Consultant for Breach.
This agreement may be terminated by the City for default if the Consultant breaches this
agreement or if the Consultant refuses or fails to pursue the work under this agreement or any phase
of the work with such diligence which would assure its completion within a reasonable period of
time. Termination of this agreement because of a default of the Consultant shall not relieve the
Consultant ftom liability of such default.
9. City's Right to Terminate Payment for Convenience, Documents.
9.1. Notwithstanding any other section or provision of this agreement, the City shall have
the absolute right at any time to terminate this agreement or any work to be performed pursuant to
this agreement.
9.2. In the event of termination of this agreement by the City in the absence of default of
the Consultant, the City shall pay the Consultant for the reasonable value of the services actually
performed by the Consultant up to the date of such termination, less the aggregate of all sums
previously paid to the Consultant for services performed after execution ofthis agreement and prior
to its termination.
9.3. The Consultant hereby expressly waives any and all claims for damage or
compensation arising under this agreement, except as set forth herein, in the event of such
termination.
9.4. In the event of termination of this agreement, and upon demand of the City, the
Consultant shall deliver to the City, all field notes, surveys, studies, reports, plans, drawings and all
other materials and documents prepared by the Consultant in performance of this agreement, and all
such documents and materials shall be the property of the City; provided however, that the
Consultant may retain copies for their own use and the City shall provide a copy, at Applicant's cost,
of all such documents to the Applicant.
9.5. Applicant shall have no right to terminate Consultant, and shall not exercise any control
or direction over Consultant's work.
10. Administrative Claims Requirement and Procedures.
No suit shall be brought arising out of this agreement, against the City, unless a claim has
first been presented in writing and filed with the City of Chula Vista and acted upon by the City of
Chula Vista in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal
Code, the provisions of which are incorporated by this reference as if set fully set forth herein.
Three Party Agreement
9/19/200 I Page 8
11. Hold Harmless and Indemnification.
11.1. Consultant to Indemnify City and Applicant re Iniuries.
Consultant shall defend, indemnify, protect and hold harmless the City, its elected and
appointed officers and employees, ftom and against all claims for damages, liability, cost and
expense (including without limitation attorneys fees) arising out of or alleged by third parties to be
the result of the negligent acts, errors or omissions or the willful misconduct ofthe Consultant, and
Consultant's employees, subcontractors or other persons, agencies or firms for whom Consultant is
legally responsible in connection with the execution ofthe work covered by this Agreement, except
only for (I) those claims, damages, liability, costs and expenses (including without limitation,
attorney fees) arising from the sole negligence or sole willful misconduct of the City its officers,
employees, or (ii) with respect to losses arising from Consultant's professional errors or omissions,
those claims arising from the negligence or willful misconduct of City its officers, employees.
Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and liability
incurred by the City, its officers, agents or employees in defending against such claims, whether the
same proceed to judgment or not. Consultant's obligations under this Section shall not be limited by
any prior or subsequent declaration by the Consultant. Consultant's obligations under this Section
shall survive the termination of this Agreement.
12. Business Licenses.
Applicant agrees to obtain a business license ftom the City and to otherwise comply with
Chula Vista Municipal Code, Title 5. Applicant further agrees to require Consultant to obtain such
business license and to comply with Chula Vista Municipal Code, Title 5.
13. Miscellaneous.
13.1. Consultant not authorized to Represent City.
Unless specifically authorized in writing by City, neither Consultant nor Applicant shall have
authority to act as City's agent to bind City to any contractual agreements whatsoever.
13.2. Notices.
All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any party shall be
deemed to have been properly given or served ¡fpersonally served or deposited in the United States
mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested,
at the addresses identified for the parties in Exhibit A.
Three Party Agreement
9/19/2001 Page 9
.-, ~
1':-10<:-
13.3. Entitlement to Subsequent Notices.
No notice to or demand on the parties for notice of an event not herein legally required to be
given shall in itself create the right in the parties to any other or further notice or demand in the
same, similar or other circumstances.
13.4. Entire Agreement.
This Agreement, together with any other written document referred to or contemplated
herein, embody the entire Agreement and understanding between the parties relating to the subject
matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived
or discharged except by an instrument in writing executed by the party against which enforcement of
such amendment, waiver or discharge is sought.
13.5. Capacity of Parties.
Each signatory and party hereto hereby warrants and represents to the other party that it has
legal authority and capacity and direction ftom its principal to enter into this Agreement; that all
resolutions or other actions have been taken so as to enable it to enter into this Agreement.
13.6. Governing LawNenue.
This Agreement shall be governed by and construed in accordance with the laws ofthe State
of California. Any action arising under or relating to this Agreement shall be brought only in the
federal or state courts located in San Diego County, State of California, and if applicable, the City of
Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder,
shall be the City ofChula Vista.
13.7. Modification.
No modification or waiver of any provision ofthis Agreement shall be effective unless the
same shall be in writing and signed by the parties hereto, and then shall be valid only in the specific
instance and for the purpose for which given.
13.8. Counterparts.
This Agreement may be executed in more than one counterpart, each of which shall be
deemed to be an original but all of which, when taken together shall constitute but one instrument.
Three Party Agreement
9/19/2001 Page 10
- ! ::
13.9. Severability.
In the event that any provision of this Agreement shall for any reason, be determined to be
invalid, illegal, or unenforceable in any respect, the parties hereto shall negotiate in good faith and
agree to such amendments, modifications, or supplements to this Agreement or such other
appropriate action as shall, to the maximum extent practicable in light of such determination,
implement and give effect to the intentions ofthe parties as reflected herein.
13.10. Headings.
The captions and headings in this Agreement are for convenience only and shall not define or
limit the provisions hereof.
13.11. Waiver.
No course of dealing or failure or delay, nor the single failure or delay, or the partial exercise
of any right, power or privilege, on the part of the parties shall operate as a waiver of any rights
herein contained. The making or the acceptance ofa payment by either party with knowledge ofthe
existence of a breach shall not operate or be construed to operate as a waiver of any such breach.
13.12. Remedies.
The rights ofthe parties under this Agreement are cumulative and not exclusive of any rights
or remedies which the parties might otherwise have unless this Agreement provides to the contrary.
13.13. No Additional Beneficiaries.
Despite the fact that the required performance under this agreement may have an affect upon
persons not parties hereto, the parties specifically intend no benefit thereftom, and agree that no
performance hereunder may be enforced by any person not a party to this agreement.
Notwithstanding the foregoing, this is a three party agreement and the City is an express third party
beneficiary of the promises of Consultant to provide services paid for by Applicant.
14. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems
and any other materials or properties produced under this Agreement shall be the sole and exclusive
property of City. No such materials or properties produced in whole or in part under this Agreement
shall be subject to private use, copyrights or patent rights by Consultant in the United States or in
any other country without the express written consent of City. City shaH have unrestricted authority
to publish, disclose (except as may be limited by the provisions of the Public Records Act),
Three Party Agreement
9/19/2001 Page 11
. ! If
distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data,
statistics, forms or other materials or properties produced under this Agreement.
(End of Page. Next Page is Signature Page.)
Three Party Agreement
9/19/2001 Page 12
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Signature Page
NOW THEREFORE, the parties hereto, having read and understood the terms and conditions
ofthis agreement, do hereby express their consent to the terms hereof by setting their hand hereto on
the date set forth adjacent thereto.
Dated: City afChula Vista
by:____-
Shirley HOlton, MayOl"
Attest:
Susan Bigelow, City Clerk
Approved as to Form:
~(~~
Jam - I 3heny, City Atto ey
Dated:
---~
Dated:
By: ------
Three Pm1y Agreement
9118/2001 Page 13
,
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Signature Page
NOW THEREFORE, the parties hereto, having read and understood the terms and conditions
ofthis agreement, do hereby express their consent to the terms hereofby setting their hand hereto on
the date set forth adjacent thereto.
Dated: City ofChula Vista
by:
Shirley Horton, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to Form:
John M. Kaheny, City Attorney
Dated: Consultant: Linscott, Law & Greenspan, Engineers
By:
John Boarman, Principal
Dated: Applicant: The EastLake Company, LLC
By:
Guy Asaro, Vice President
Three Party Agreement
9/19/2001 Page 13
'2 - ;7
Exhibit A
Reference Date of Agreement: September 19, 2001
Effective Date of Agreement: Date of City Council Approval of Agreement
City: City ofChula Vista, 276 Fourth Avenue, Chula Vista, CA 91910
Consultant: Linscott, Law & Greenspan, Engineers
Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
Address: 1565 Hotel Circle South, Suite 310, San Diego, CA 92108
Applicant: The EastLake Company, LLC
Business Form of Applicant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
Address: 900 Lane Avenue, Chula Vista, CA 91914
1. Property (Commonly known address or General Description):
79.4l-acre EastLake Village Center located at the northwest corner of Otay Lakes Road and
EastLake Parkway (Village Center North 70.07 acres) and an additional
professionaVadministrative area located at the northeast corner of Otay Lakes Road and EastLake
Parkway (Village Center East - 9.34 acres). .
2. Project Description ("Project"):
Project includes the following proposals:
. Amendment to the EastLake II General Development Plan to amend the land use designation for
the northern portion of EastLake Village North ftom public/quasi-public to retail commercial.
An additional 15.03 acres will be reserved for SR-125 right of way. No land use designation
change is being proposed at this time for EastLake Village Center East (currently
Professional/Administrative and Research/Limited Manufacturing). This area is currently VC-2
Three Party Agreement
9/19/2001 Page 14
. -_._.~_.._.._-..._._..
and E-lO on the adopted SPA Plan.
. Amendment to the EastLake I SPA Plan and PFFP to change the medical center (MC-l)
designation in the northern portion of Village Center North to Village Center (VC-l). The
adopted PFFP for EastLake I will be updated for the project.
. Amendment to the EastLake II PC District Regulations to adjust the permitted and conditionally
permitted land uses within VC-l and VC-2 districts.
. Repeal of the EastLake I Precise Plan Guidelines and replacement with Design Review
Guidelines and requirement for Design Review submittal and approval of each phase of the
Village Center project.
. Approval of a Tentative Tract Map and Parcel Map to subdivide Phase I of EastLake Village
Center North into separate lots for sale or lease.
. Approval of new Design Guidelines for Village Center North and East
. Approval of the Design Review for Phase I of Village Center North
3. Entitlements applied for: Tentative and Parcel Maps
4. General Nature of Consulting Services ("Services--General"):
Consultant shall prepare a traffic impact study 10 the satisfaction of the Environmental Review
Coordinator and in accordance with CEQA and to be used in the CEQA document.
5. Detailed Scope of Work ("Detailed Services"):
Consultant shall conduct traffic impact analysis and prepare a traffic impact report that includes, but
is not limited to, the following tasks:
1. Project Start-Up: Meet with City staff upon request to review the scope of work and discuss
approach as the traffic study relates to the Kaiser Permanente EIR (1992)
2. Conduct a site visit to verifY existing conditions of streets, intersections, signals, etc.
3. Review previous Environmental Impact Reports (EastLake I SPA Plan.Amendment/Kaiser
Permanente CUP EIR (Final EIR June 1992) and Eastlake III Woods and Vistas Replanning
Program (Final EIR June 2001) as well as prior EastLake GDP's for analysis and mitigation
and determine applicability of prior mitigation measures to proposed project.
4. Conduct and/or obtain existing ADT traffic volume counts, AM/PM peak hour counts and
peak hour levels of service (LOS) at an appropriate selection of roadways and intersections
as approved by City of Chula Vista. The study area shall be determined by running a Select
Zone model for the project buildout year using CMP Guidelines. Note: The study area may
change with each analysis scenario due to planned land use and circulation changes in the
project vicinity. Therefore, the Consultant shall redefine the study area for each analysis
scenario identified in Task 3 above.
5. Estimate project trip generation using SANDAG trip generation rates and distribute and
assign project traffic to the study area for each scenario discussed in Task 6 below.
Three Party Agreement
91l9/200 1 Page 15
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6. Analyze street segments volumes and capacities and intersection levels of service for AM
and PM peak hours (worst case) for the following scenarios. Model runs conducted for the
EastLake III Woods and Vistas Replanning Program should be utilized to the extent the City
deems possible:
a. Existing Condition without SR-125
b. Existing Condition Plus Project without SR-125
c. Short-term Cumulative (Project Buildout) with and without SR-125
d. Regional Buildout
7. Conduct a specific analysis of site circulation and access for the worst-case traffic scenario
stated in Task 6 above, including:
a. Weaving analysis on Otay Lakes Road westbound lanes to SR-125 ramps
b. Access point analysis
c. Analysis ofleft-turn storage lengths, lane configurations and driveway locations
d. Queuing analysis
e. Signal warrant analysis
f. Pedestrian bridge at Otay Lakes Road and EastLake Parkway
g. Truck flow into and out ofthe center (Note: two proposed users include Home Depot
and Target)
8. Analyze the proposed project using the City's Significance Criteria and the City's Growth
Management Policies and Criteria
9. Coordinate with PFFP consultant to identify trigger points for new infrastructure.
10. Determine appropriate mitigation for the proposed Project, taking into consideration previous
mitigation measures and the analysis conducted as part of Task 3 above.
11. Prepare a summary ofthe Traffic Impact Report for inclusion in the City's CEQA document,
as directed by City staff (hard copy plus electronic file prepared in Microsoft Word).
12. In addition to the initial meeting (Task 1), attend up to three meetings with City Staff and
three hearings (RCC, Planning Commission and City Council).
13. Based on City staff and public comments, revise the screenchecks and public review draft of
the traffic report.
14. Prepare the following versions of the traffic report: two screencheck versions prior to public
review draft (5 bound copies each), one public review draft version which will be an
appendix to the City's CEQA document (5 copies plus master plus electronic file) and one
final version incorporating any revisions required by the City in response to public comment
(3 copies plus master plus electronic file). A total of four sets of deliverables will be
required as set forth below.
6. Schedule, Milestone, Time-Limitations within which to Perform Services.
Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
Three Party Agreement
9/19/2001 Page 16
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Dates or Time Limits for Delivery of Deliverablcs:
. First Screencheck Traffic Report - 5 weeks ftom effective date of Agreement;
. Second Screencheck Draft Traffic Report - 2 weeks after Consultant receives City
comments on first screencheck traffic report and has incorporated those comments
into this screencheck;
. Public Review Draft Traffic Report - 2 weeks after Consultant receives City
comments on second screencheck traffic report and has incorporàted those comments
into this screencheck; and
. Final Traffic Report - 2 weeks after close of Public Review of the CEQA document.
Dates for Completion of all Consultant Services: The term of this agreement shall be for one
year ftom the effective date of this agreement or upon approval of the Final Traffic Report to be
included in the Final CEQA document for the Project by the Environmental Review Coordinator and
City Engineer, whichever occurs later.
7. Documents to be provided by Applicant to Consultant:
(X) site plans (X) grading plans ( ) architectural elevations (X) project description.
(X) other:
EastLake 1 SPA Plan_Amendment/Kaiser Permanente CUP EIR
Eastlake III Replanning Program EIR
8. Contract Administrators.
City: Marilyn RF. Ponseggi, Environmental Review Coordinator
Applicant: Guy Asaro, The EastLake Company, LLC
Consultant: John Boarman, Linscott, Law & Greenspan Engineers
9. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code:
(X) Not Applicable. Not an FPPC Filer.
() Category No.1. Investments and sources of income.
() Category No.2. Interests in real property.
Three Party Agreement
9/19/2001 Page 17
C' - -- I
() Category No.3. Investments, interest in real property and sources of income
subject to the regulatory, permit or licensing authority ofthe
department.
( ) Category No.4. Investments in business entities and sources of income which
engage in land development, construction or the acquisition or
sale ofreal property.
( ) Category No.5. Investments in business entities and sources of income of the
type which, within the past two years, have contracted with
the City ofChula Vista (Redevelopment Agency) to provide
services, supplies, materials, machinery or equipment.
() Category No.6. Investments in business entities and sources of income of the
type which, within the past two years, have contracted with
the designated employee's department to provide services,
supplies, materials, machinery or equipment.
( ) Category No. 7. Business positions.
10. Insurance Requirements:
() Statutory Worker's Compensation Insurance
( ) Employer's Liability Insurance coverage: $1,000,000.
(X) Commercial General Liability Insurance: $1,000,000.
() Errors and Omissions insurance: None Required (included in Commercial General
Liability coverage).
(X) Errors and Omissions insurance: $250,000 (not included in Commercial General
Liability coverage).
Three Party Agreement
9/19/2001 Page 18
( - '^-
Exhibit B
Additional Recitals
WHEREAS, the Applicant has deposited an initial sum for traffic consulting services for the
EastLake Village Center North project; and
WHEREAS, a request for proposal was distributed to three qualified traffic consulting firms
in accordance with the City's informal bidding process, and two proposals were received by the City
that were responsive to the request; and
WHEREAS, the City is in immediate need of an experienced traffic consultant that is
familiar with the City's policies and procedures and who has indicated the ability to meet the
schedule of the project; and
WHEREAS, the Consultant is uniquely qualified to serve as the Consultant for this
contract based on their demonstrated ability to perform while working as a Consultant to the City on
other projects, their familiarity with project requirements, and proven ability to work with and
interpret modeling data provided by the San Diego Association of Governments; and
WHEREAS, the Environmental Review Coordinator has negotiated the details of this
agreement in accordance with procedures set forth in Section 6.5.2 of the Environmental Review
Procedures.
Three Party Agreement
9/19/2001 Page 19
,
/ '-... -:;,
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Exhibit C
Compensation Schedule and Deposit: Terms and Conditions.
(X) Single Fixed Fee Arrangement.
For performance of all of the General and Detailed Services of Consultant as herein required,
Applicant shall pay a single fixed fee in the amounts and at the times or milestônes set forth below:
(X) Single Fixed Fee Amount: $23,535
Milestone or Event Amount or Percent
Of Fixed Fee
1. Submittal of first screencheck draft traffic report $11,768.00 (50%)
2. Acceptance of the draft traffic report by City stafffor public $4,707.00 (20%)
review
3. Acceptance of the final traffic report by City staff $4,707.00 (20%)
4. Satisfactory completion ofthe contract as determined by City $2,353.00 (10%)
Environmental Review Coordinator
Total Fixed Fee Amount $23,535.00
5. Contingency Fee* $2,000.00
* Pursuant to Section 3.2.2 of this contract.
( ) Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the General and Detailed Services of
Consultant as are separately identified in Exhibit C, under the category labeled "Phased Fixed Fee
Arrangement", Applicant shall pay the fixed fee associated with each phase of Services, in the
amounts and at the times or milestones set forth hereinbelow ("Phase Fixed Fee Arrangement").
Consultant shall not commence Services under any Phase, and shall not be entitled to the
compensation for a Phase, unless Applicant shall have issued a notice to proceed to Consultant as to
said Phase.
Three Party Agreemenl
9/19/2001 Page 20
C,c.-."¡
Fee for
Phase Said Phase
1. $
2.
$
3. $
4. $
( ) Time and Materials
For performance of the General and Detailed Services of Consultant as herein required,
AppJicant shall pay Consultant for the productive hours of time and material spent by Consultant in
the performance of said Services, at the rates or amounts set forth hereinbelow according to the
following terms and conditions:
() Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and materials in excess of said
Maximum Compensation amount, Consultant agrees that Consultant will perform all ofthe
General and Detailed Services herein required of Consultant for _including all
Materials and other "reimburseables" ("Maximum Compensation"). The City will also
receive a standard administrative fee amounting to 1 0% of the contract.
(X) Limitation without Further Authorization on Time and Materials Arrangement
At such time as Consultant shall have incurred time and materials equal to $23,535 (plus
$2,000 if negotiated as set forth above) ("Authorization Limit"), Consultant shall not be
entitled to any additional compensation without further authorization issued in writing and
approved by the City Council. Nothing herein shall preclude Consultant ftom providing
additional Services at Consultant's own cost and expense.
Three Party Agreement
9/19/2001 Page 21
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( , -::>
Rate Schedule
Hourly
Category of Employee Name Rate
Principal J. Boarman $155
Transp. Eng. 3 N. Prasad* $110
Transp. Planner 1 J. Nunez* $65
CAD D. Spinler* $70
Word Processor P. Ruching* $45
* Other individuals tram the Consultant firm may be substituted in place ofthe names listed solely
at the discretion of the City.
() Consultant's hourly rates may increase by 6% for services rendered after
Materials Separately Paid For by Applicant
Cost or Rate
( ) Materials None. Included in Cost.
Reports
Copies
( ) Travel None. Included in Cost.
( ) PrinIing None. Included in Cost.
( ) Postage None. Included in Cost.
( ) Delivery None. Included in Cost.
( ) Long Distance Telephone Charges None. Included in Cost.
( ) Other Actual Identifiable Direct Costs None. Included in Cost.
Three Party Agreement
9/19/2001 Page 22
'""
['.. --,'?
. ----.----- . --.
------- - ----______n - - - -- -- - - - -----
Deposit
(X) Deposit Amount: $23,535
(X) Use of Deposit to Pay Consultant.
Notwithstanding the sole duty and liability of Applicant to pay Consultant, if this paragraph
is "checked", upon City's receipt of billing by Consultant, and determination by City in good faith
that Consultant's billing is proper, a judgment for which Applicant agrees to hold City harmless and
waive any claim against City, City shall pay Consultant's billing ftom the amount ofthe Deposit. If
Applicant shall protest the propriety of a billing to City in advance of payment, City shall consider
Applicant's protest and any evidence submitted prior to the due date for the payment of said bill by
Applicant in making its good faith determination of propriety.
Applicant agrees to maintain a minimum balance of - in subject account that shall be
immediately replenished upon the request of the City.
( ) Use of Deposit as Security Only; Applicant to Make Billing Payments.
Upon determination by City made in good faith that Consultant is entitled to compensation
which shall remain unpaid by Applicant 30 days after billing, City may, at its option, use the Deposit
to pay said billing.
---- - -- n - - - - n_n_- - - - n - n__- ---
(X) Bill Processing:
A. Consultant's Billing to be submitted for the following period of time:
( ) Monthly
( ) Quarterly
(X) Other: In accordance with milestones identified herein.
B. Day of the Period for submission of Consultant's Billing:
( ) First of the Month
( ) 15th Day of each Month
( ) End of the Month
(X) Other: Upon completion of the milestones identified herein.
C. City's Account Number: To be assigned after agreement is processed.
Three Party Agreement
9/19/2001 Page 23
/",'" -ì
D. Security for Performance
() Performance Bond, $
() Letter of Credit, $
( ) Other Security:
Type:
Amount: $
(X)Retention. If this space is checked, then notwithstanding other provisions to
the contrary requiring the payment of compensation to the Consultant sooner,
the City shall be entitled to retain, at their option, the following Retention
Percentage until the City determines that the Retention Release Event, listed
below, has occurred:
(X) Retention Percentage: 10%
( ) Retention Amount: $-
Retention Release Event:
(X) Completion of All Consultant Services to the satisfaction of the
Environmental Review Coordinator
() Other:
Three Party Agreement
9/19/2001 Page 24
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COUNCIL AGENDA STATEMENT
Item No 9
Meeting Date 9125101
ITEM TITLE: PUBLIC HEARING: TO NOTICE ACCEPTANCE AND
APPROPRIATION OF LOCAL LAW ENFORCEMENT
BLOCK GRANT FUNDS.
RESOLUTION ACCEPTING $252,282 FROM
THE 2001 LOCAL LAW ENFORCEMENT BLOCK GRANT
AND AMENDING THE FY 01-02 POLICE BUDGET AND
APPROPRIATING $242,282 FOR POLICE TECHNOLOGY
AND EQUIPMENT AND $10,000 TO SUPPORT THE
SOUTH BAY DRUG COURT AND AUTHORIZING THE
CHIEF OF POLICE TO UTILIZE (REPROGRAM) SAVINGS
RESULTING FROM THE COMPETITIVE PROCUREMENT
PROCESS FOR ADDITIONAL UNSPECIFIED OFFICER
SAFETY EQUIPMENT AND SUPPLIES.
SUBMITTED BY: Ch;,1 01 pon~
REVIEWED BY: City Manage (415thS VOTE: Yes ~ No_)
The Police Department has recently received notice of a Local Law Enforcement
Block Grant (LLEBG) award in the amount of $252,282 from the Bureau of
Justice Assistance (BJA). These funds were allocated to the Police Department
based on a three-year average of Part I Violent Crimes. Part I Violent Crimes are
murder and non-negligent manslaughters, forcible rape, robbery, and aggravated
assaults as reported by the FBI. Acceptance and appropriation of these funds
requires a public hearing per stipulations of the Local Law Enforcement Block
Grant.
RECOMMENDATION:
That the City Council accept the $252,282 in Local Law Enforcement Block Grant
funds and amend the FY 01-02 Police budget as follows:
1. Appropriate $242,282 from the Local Law Enforcement Block Grant funds for
police technology and equipment.
9-/
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Page 2, Item '7
Meeting Date 9/25101
2. Appropriate $10,000 from the Local Law Enforcement Block Grant to
support the South Bay Drug Court.
BOARDSlCOMMISSION RECOMMENDATIONS
The Local Law Enforcement Block Grant requires a local Advisory Board
approval of the use of funds prior to disbursement. A local Advisory Board
consisting of the specific composition required by the grant was set up to review
the grant application. The local Advisory Board recommends approval of the
Local Law Enforcement Block Grant disbursements as proposed. The local
Advisory Board is comprised of listed representatives from the following
agencies:
Local Law Enforcement Agency Richard P. Emerson
Prosecutor's Office Dave Greenberg
Court System Judge Jesus Rodriguez
School System Dennis Doyle
Non Profit Agency Pam Smith
BACKGROUND
The Fiscal Year 1997 Appropriation Act Public Law 104-208 provides for funding
under the Local law Enforcement Block Grant program, established within the
Bureau of Justice Assistance (BJA), to local law enforcement agencies. The City
of Chula Vista is eligible to receive an award of $252,282 under this program.
Funding may be used in seven purpose areas, which address a wide variety of
activities from increasing personnel and equipment resources for law
enforcement to developing and supporting programs to enhance effective
criminal justice processes. The program's goal is to provide local jurisdictions
with opportunities to reduce crime and improve public safety through the
implementation of diverse strategy, hiring, training of additional local law
enforcement officers, payment of overtime, procurement of equipment and
establishment of support for drug courts.
GRANT REQUIREMENTS
The $252,282 grant allocation has a 10% ($25,228) local match requirement.
The one-time local match requirement of 10% will be paid for from the State
Technology program. The LLEBG funds must supplement and not supplant.
9-.2..
. --.. --------...
Page 3, Item q
Meeting Date 9125/01
The funds must be used to reduce crime and improve public safety through
activities such as hiring, training, and employment of new local law enforcement
officers and support staff as well as procuring equipment, and technological
advances directly associated with local law enforcement.
DISCUSSION
The Police Department and advisory board recommend use of the funds for the
implementation of a global positioning system (GPS) ($242,282) as well as
providing support to the South Bay Drug Court ($10,000).
Technology - $202,282
A global positioning system (GPS) will enable the Department to effectively
deploy technology to better service our community. The continued development
of a technology infrastructure to support the Department's growth will increase
employee productivity and ensure timely information.
This system will include Communication Center and in car mapping to enable
officers and dispatchers to rapidly find any location in the City and identify the
closest available resources (patrol vehicle). Staff estimates a GPS system will
cost approximately $300,000. A total of $202,282 from LLEBG proposed to be
earmarked for purchase of a GPS system. The additional funds will be allocated
from the State technology grant.
RADIO MODEMS & ATTENAS - $40,000
Staff is recommending a total of $40,000 for the purchase of radio modems and
antennas in an effort to expand wireless technology in patrol. The modems are
necessary for communication between the mobile data computers, 800mhz
radios and the dispatch center via CAD. The antennas for patrol vehicles are
needed to transmit information for patrol vehicles via a wireless LAN.
9-3
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Page 4, Item-L
Meeting Date 9125101
Drug Court - $10,000
Staff is recommending the appropriation of $10,000 for the purpose of
supporting the South Bay Drug Court. This program provides intense follow-up
monitoring and assistance to those who qualify for other than standard
incarceration. The program exists throughout the County including the South
Bay. Monies would bs used for those arrestees from our City who qualify for this
highly structured program.
Local Match Allocation
The local match of $25,228 from the State COPS Technology program will be
used to purchase the global positioning system.
FISCAL IMPACT:
It is anticipated that all LLEBG funds will be expended on one-time purchases in
the current fiscal year. A one-time allocation of $10,000 will be used to support
the South Bay Drug Court. The one-time local match requirement of 10%
($25,228) will be paid for from the State Technology program grant. GPS system
maintenance and replacement costs are estimated at $45,000 beginning FY 04.
9-'1
---------------------..._- ----------------- ---
NOTICE OF PUBLIC HEARING
BY THE CHULA VISTA CITY COUNCIL
CHULA VISTA, CALIFORNIA
NOTICE IS HEREBY GIVEN THAT THE CHULA VISTA CITY COUNCIL
will hold a public hearing to consider the following:
Public Hearing: to notice acceptance and appropriation of Local Law
Enforcement Block Grant funds.
The Police Department proposes to use $252,282 from the Local Law
Enforcement Block Grant for the following purpose:
. $242,282 for police technology and equipment
. $10,000 to support the South Bay Drug Court
The Department also proposes to use $25,228 from the State Technology
program allocation to meet the local match requirement. These funds will be
used for purchase of the global positioning system.
Any petitions to be submitted to the City Council must be received by the City
Clerk's Office no later than noon of the hearing date.
If you wish to challenge the City's action on these matters in court, you may be
limited to raising only those issues you or someone else raised at the public
hearing described in this notice, or in written correspondence delivered to the
City Clerk's Office at or prior to the public hearing.
Said Public Hearings will be held by the City Council on Tuesday, 9/25/01, at
6:00 p.m. in the Council Chambers, Public Services Building, 276 Fourth Avenue,
at which time any person desiring to be heard may appear.
DATED: Monday 10, 2001
7-5
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING $252,282 FROM THE 2001 LOCAL LAW ENFORCEMENT BLOCK
GRANT AND AMENDING THE FY 01-02 POLICE BUDGET AND
APPROPRIATING $242,282 FOR POLICE TECHNOLOGY AND EQUIPMENT
AND $10,000 TO SUPPORT THE SOUTH BAY DRUG COURT AND
AUTHORIZING THE CHIEF OF POLICE TO UTILIZE (REPROGRAM) SAVINGS
RESULTING FROM THE COMPETITIVE PROCUREMENT PROCESS FOR
ADDITIONAL UNSPECIFIED OFFICER SAFETY EQUIPMENT AND SUPPLIES.
WHEREAS, the FY 2001-02 Federal Budget appropriates $242,282 to the
City of Chula Vista Police Department for the Local Law Enforcement Block
Grant Funds; and
WHEREAS, these funds were appropriated based on a three year
average part one violent crimes for purposes stipulated by the Local Law
Enforcement Block Grant Program;
WHEREAS, the City of Chula Vista held a public hearing on September
24, 2001 to notice use of the Local Law Enforcement Block Grant Funds in the
amount of $242,282 for police technology and equipment and $10,000 to support
the South Bay Drug Court; and
WHEREAS, the FY 2001-02 police budget will be amended to add
$242,282 for equipment and $10,000 for the South Bay Drug Court; and
WHEREAS, the $25,282 (10%) local cash match requirement has been
meet from the State Technology Grant 2001; and
WHEREAS, if saving result from the competitive procurement process, the
Chief of Police will be authorized to utilize savings for additional unspecified
safety equipment and supplies; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Chula Vista does hereby accept $252,282 from Local Law Enforcement from
the Bureau of Justice Local Law Enforcement Block Grant Program.
9-~
h__".--- ... ..-- .....----.-.---.---
Resolution No.
Presented by Approved as to form by
Richard P. Emerson John M. Kaheny
Police Chief City Attorney
9-7
------
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING $252,282 FROM THE 2001 LOCAL LAW ENFORCEMENT BLOCK
GRANT AND AMENDING THE FY 01-02 POLICE BUDGET AND
APPROPRIATING $242,282 FOR POLICE TECHNOLOGY AND EQUIPMENT
AND $10,000 TO SUPPORT THE SOUTH BAY DRUG COURT AND
AUTHORIZING THE CHIEF OF POLICE TO UTILIZE (REPROGRAM) SAVINGS
RESULTING FROM THE COMPETITIVE PROCUREMENT PROCESS FOR
ADDITIONAL UNSPECIFIED OFFICER SAFETY EQUIPMENT AND SUPPLIES.
WHEREAS, the FY 2001-02 Federal Budget appropriates $242,282 to the
City of Chula Vista Police Department for the Local Law Enforcement Block
Grant Funds; and
WHEREAS, these funds were appropriated based on a three year
average part one violent crimes for purposes stipulated by the Locbl Law
Enforcement Block Grant Program;
WHEREAS, the City of Chula Vista held a public hearing on September
24, 2001 to notice use of the Local Law Enforcement Block Grant Funds in the
amount of $242,282 for police technology and equipment and $10,000 to support
the South Bay Drug Court; and
WHEREAS, the FY 2001-02 police budget will be amended to add
$242,282 for equipment and $10,000 for the South Bay Drug Court; and
WHEREAS, the $25,282 (10%) local cash match requirement has been
meet from the State Technology Grant 2001; and
WHEREAS, if saving result from the competitive procurement process, the
Chief of Police will be authorized to utilize savings for additional unspecified
safety equipment and supplies; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Chula Vista does hereby accept $252,282 from Local Law Enforcement from
the Bureau of Justice Local Law Enforcement Block Grant Program.
f-1'
~~ -_._~_._~--~-- ----
Resolution No.
Presented by Approved as to form by
ì1~ b~"6g
Richard P. Emerson
John M. Kaheny
Police Chief City Attorney
'1-;1
-_.."------- " . -""" --"----..-.-----
COUNCIL AGENDA STATEMENT
Item 10
Meeting Date 9/25/01
ITEM TITLE: A) Public hearing for the approval of the re-subdivision of Villa San
Miguel, originally shown on Map 10173.
B) Resolution Approving Final Map of Chula Vista
Tract No. 79-15, Villa San Miguel as a resubdivision of approved
final map 10173, approving the Subdivision Improvement
Agreement for the completion of improvements required by said
subdivision and authorizing the Mayor to execute said agreement.
C) Resolution Approving Supplemental
Subdivision Improvement Agreement for Chula Vista Tract No.
79-15, Villa San Miguel and authorizing the Mayor to execute said
agreement.
SUBMITTED BY: Director of Public Works ~
REVIEWED BY: City Manager 9 (4/5ths Vote: Yes_NoX)
On March 27, 1979 by Resolution No. 9540, Council conditionally approved the Tentative
Subdivision Map for Chula Vista Tract No. 79-15, Villa San Miguel. On January 13, 1981 by
Resolution No. 10374, lhe Final Map (see Exhibit "A") for Tract No. 79-15 Villa San Miguel,
was conditionally approved by Council. However, no development occurred on Tract No. 79-15.
On April 4, 2000, the City of Chula Vista engineering staff drafted a letter (see Exhibit "B") at
the request of San Miguel Development Co. discussing revisions to the original map to be made
in order for a resubdivision to occur. The Final Map, Subdivision Improvement Agreement and
Supplemental Subdivision Improvement Agreement for Villa San Miguel (totaling 19 single
family residences) are now before Council for consideration and approval.
RECOMMENDATION: That Council adopt the resolutions: (A) approving the Final Map, and
Subdivision Improvement Agreement; and (B) approving the Supplemental Subdivision
Improvement Agreement for Villa San Miguel.
BOARD/COMMISSIONS RECOMMENDATIONS: Not Applicable
DISCUSSION:
The project site is located off of Hilltop Drive between G Street and F Street, and is accessed
from Hilltop Drive via Lion Circle. Rectangular in shape, the subdivision consists of 19 single-
family private residential lots and one private park site on 10.9 acres, as follows:
/(1-/
Page 2, Item ~
Meeting Date 9/25/01
Park lot, HOA
Total Number of Lots Residential Lots maintained Open Total Acreage
Space, and Street
(acres)
20 lots 1910ts-7.3ac. 3.6 10.9
All easements within the subdivision, as approved January 13, 1981 on the Final Map for Villa
San Miguel, have been abandoned with the right of ingress and egress for the construction and
maintenance of sewer and drainage facilities and for general utilities and access per map 10173
granted to the City ofChula Vista, a municipal corporation, pursuant to section 66499.20Yo of the
Subdivision Map Act. Said easements are no longer required as all utilities within the
subdivision have since been proposed to be private. A new general utilities and access easement
with the revised alignment is being granted and accepted on this final map.
Although the sewer system for Villa San Miguel is to be a private system, any sewer system
upstream from the site will be allowed to connect under provisions contained within the CC&Rs.
These provisions allow for the connections to be made at the expense and responsibility of the
connectmg party.
With the Final Map approved in 1981, and the developer not choosing to develop the site until
now, a public hearing was deemed necessary to insure the public was fully informed of the
current plans for the site.
The final map has been reviewed by the Department of Planning and Building and found to be in
substantial conformance with the approved Tentative Map.
Satisfied Conditions and Agreements
The Developer has satisfied the resubdivision conditions of approval described in the April 4,
2000 letter 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 executed the SSIA in order to satisfy the outstanding Tentative Map
Conditions.
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 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. grading, street, sewer, drainage, etc) serving
the proposed subdivision.
.--.._-_." . .-....---.-----.----.
Page 3, Item-
Meeting Date 9/25/01
FISCAL IMP ACT: None to the General Fund. Developer deposits will cover all staff costs
associated with processing subject final map and agreements.
Exhibits:
A) Original Final Map No. 10 173
B) Letter from City of Chula Vista Engineering Staff to Nasland Engineering (SAN MIGUEL Development) dated
April 4, 2000.
C) Resubdivided Final Map
D) Disclosure statement
J:lcngincerllANDDEVlvilla san migucllA 113-vs-FM.my.doc
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~-. April 4, 2000 OTY Of -
CHULA VlSfA
DEPARTMENT OF PUBUC WORKS
< Mr. Bob Haynes, P E. ENGINEERiNG DIVISION
Nasland Engin=ing
4740 Ruffucr Street
San Diego, CA 92111
Re: City of Chula Vista Planning and Engm=mg Co=cnts for. Villa Sa¡1 Miguel
Dear Mr. Haynes:
..ð,..<¡ you requested, the City has prepared this letter to compile all applicable co=ents regarding the
Villa San:M:igncl Project prepared by Engin=jng,.Pl.aJ:mIDg, and the Public Works Department to
this àare. Based on the February, 2000 Prelimiruny Site Plan prepared by Nasland Engineering and
the previously approved FÏnal Map, the City's Engineering, Fire aDd Planning àivisiDns have
ået=ined that the following items need to be aàdressed:
1. ENGThTIRINGlA_1W DEVELOPMEJ\'T SECTION COM1\1El\'TS
'~l General
L Based upon review and discussion Df the proposed revisions to the Final Subàivision Map
(M.¡yJ No.1 0173), smff.has agreed to p= your requested amendment for a revised Final
Map per s:-'1:iDn 66499.20 ~ Dfthe SubàÏvisiDn Map Act. This secriDn allows the City tD
proc;ess yourrequì:st WIthout requ=g a new 1f:nmive map ~o be submitted and approved by
both the Plamring Co=ission and City Collndtñor: any :fíiÏther envITomnentai reVIew Tne
City's Subdivision Oràina"ce requires CiTy Council appTIJYal oÌ âll FillaIlYíaps. usually
Final Maps are approved by the City CounciLon the COD.SeI1LC¡Ùender. Bowever, in this case,
staffprefer=e is that this Final Map be approvedilat-a-publ1c heanng
2- Based uvon IeVlew and approval Df the folio'wing me:nrioned dnc=ents as well as payment
of all applicable fees, the City may make a :finding Df substantial conformance váth the
previously approved and recorded Final Map per secrion 66499.20 Yo of the State Map Act.
a. Submittal Df an amended Final Map, pursuant to section 66499.20 Y, of the State
Map Act Map must provide l~gl1a~ showing the ab~do!IID.ent gf any existing
easement( s) or portion fui:reo:t; as well as show any public easements to r=ain.
b- Execute a new Subàivis1On Improvement Agreement with associated material and
labor, faithful performance and monltm"'"t~tion h~~:to retJ.ect the cost of
~r completing public improvements and mon=enring the land as required by the Ffual
Map (Map 10173), the Subàivision Map Act, and the Chula Vista Municipal Code
/0
275 i'OURTH AV¡:NUE 1 CHULA VISïA, CALJi'ORNIA 91910-25311 (619) 691.5021
------
-- ---,-------..--..----- ---- - ----
Bob Haynes, P.E. -2- Ap:-iJ 4. 20C/O
.~, and Subdivision Manual. Said Improvement Agr=ent and associared bond(s) sh2D
be derived from updated bond c:s1:Ünates based on the: new ÏmlJTOV"""""",, --' ~';;"'g
plans.
c. A1 plan submittal, payment of all cum:nt fces, plan chc:ck: deposits totaling S29,000
will be: required. The: plan chc:ck deposit of$29,ooo is for: Graãing Plan review -
$5,000; ImprovemcntPIan review - $12,000; Final Map review - S12,OOO.
d. Easement docwnents including access easements for the three properties at ] 7 1 Q
and 21 Cresta Way.
e. Submit for review and approval CC&R docwne:nt, CO=ent with Final Map ~t
subÙritta1, which includes discussion o:f l)maintcrumce ofprivaíeroad (Lion Circle)
as wcll.as all crisring and proposedlaruiscapÏng, both in co=on areas and und::r
pnV1!te own=hip; 2) easement restrictions.
f. Initiate and complcte the process to change adåresses for me Ihree reside:r:rz::;.on Cresta'
Way to Lion Circle. Please contact Silvester Evetovich., CivilEngin= at (619) 691-
5rf50fthe Eng:¡;e::ring Division faLlDar~ infQ=~CJJJ.~~ the proceåu:;-es to fol]o-",' ,
.) ",. Proviàe executed hold barmless and Ïnd=üïcariDn agr=enL
All plans to be submitted sha11 be conslde:red.as a nrst plan check rev:¡ew and \"ill comply
_.
witlìsubmittal requirements per the City's Subdivision ManuaL Tne following additional
ÏnfoDDarion will be required prior to approval oÏbuilding or construction p=its:
2. A conc:...--ptua1lDt layout and sire graàjng scheme, including retaining w2.lJ height 2:Jd
d::rails, ';\'Îll bepIm-ided far Cirj sta£fre\'Îew and approval priono su::'~ë:2J oirb::
updated grading and :improveme:nt plans.
b. GTadIDg plans ci.--awn tD cmrent City Standards ';\'Îth areas of undDcwnented :fill be
arlåressed by a Geoteclmical Engin=., including a n~ soils repon for the entire
development area.. The Soils Engin=must certify that all illegaJ grading between
the old and the new aerial phDtogrnphs was done in accordance with acceptable
S!andarrls or will be reworked to the satisfaction of the City Engin=. Any proposed
off-site gn¡d.ing willrequÏre '1..et!= DfPe:rmission to Graàe".
c. Improvement Plans must be updated to cmrent City Standards on new sheetS. The
existing 5 sheets which you desÎre to remain unchanged must be rescanned or
redntwn onto new dmwings so that 1hey are part of the new set of improvement plans.
T.tñs requjremcnt is due to the fact that a DXF file must be submitted to the City once
~\ plans are ready for approval -
- .,.,
)
_/j
crn- OF CHULA VISTA
:::= '-<-~~
-..-...-.---- - .-----
Bob Ha)'J)~ P.E .3- Apri] 4. 2000
.~" .;<tA ~ l.3ndscapc and lnigariOD Plans which must show both the retention of existing !Tees
and otha l,",';~1' g QD site as well as proposed landscaping and irrigation. T re::s
, to be retamcd ~c:1udc those c:xisting along the wcst= boundary of the property,
within tbc;.:IPcdiañ ar¡;ä of Lion Circle; on the proposed =tiOD.JOt,- and OD th~
sow;Þ.cast comer of the property, south oflots 15, 16 and 17, or as approved by the:
Plamring Dircctor-
The above plam shall reflect cum:nt Regicma1 and City Standard Drawings, "As-Built" certiñcat::
and NPDES acknowledgment. ~ new set of grading, lancL,=pe and irri¡;~tioD and 1mprovemeIJl,
~llSt be <11hm;ttp.tÌ.fur the ~~ect area, including the pan handle :a.JlQt ius~ ~~~'
develolml~ ~ Therefore, th.. . "~l~ plans for the offsit sewer. w t ~d
draÏnage and me Lion 'Circle panhandle access is required to be: redone as part of the new set of
jmprt:)"v-=len:p~ ----. '.. -_._--~_._-
Tn:: Engin=:ing Land D~elopment, Advanced Planning, and Wastewater Sections have reviewed
the PreJimÏnary Site Plan prepared by Nasland EngID=:ing dated 2/08/00 and forward the following
co=ents:
4. A.TI access gate is proposed at the souThwest entrance area ro the project. Per rhe CÌIy of
- Chula Vista Subdivision Manual, a tnrnaround should be provided at the locarion of the
,.") gale. It 2ppe3rS that me proposed gate will need to be relocated.
5. All eas=ems should be labeled and inåicated as public or private.
6. The prooosed stann drain and sewer access roåd- between Lots 12 and 13 is proposed to .
~e'""bl,.;c;.;¡"-rls. fie g;ne sfiÒliliÍÕe rclôcãted to thê easternmOst area of the road ann::!
SilDL(Í\i15ìðÏ! tJoundary~ '-~ - ,.
Î. The City does nO! s~ the need for Th.. -:.~~~ IQ.ad ;Dona Th.. sou!bP-a5t areas of Lors 15
and 16- The uŠ!: Dr úÏêSaIDMea.snðûla De sölelY.COnlTo1Jea tJy me owner ofmos:: lors and
remain o~y for residemia1 use. . . . -
-&. Slopes ar Jot<; 15, 16 and 17 drain towards the southeast area of the propeny. Flows ITom
these lotS need to be CODITolled such that flows are diverTed from flowing Onto The
adjacem~-
9, --"What :facifuies are needed to be accessed by the proposed road nonh of t-ot 1~?') Please
addIess and remo"e if access-to any facilities can be achieved oÙtsitfe ot the project'
boUD~. - --
10. J.S the access road located between lot<; 12 and 13, a portion of the common lot, or a pan
r of one of these two lots?
---.:-
'.
CITY OF CHULA VISTA
..--
--. 0 -...----..-..----.
'.
Bob Haynes, P.E ' Ap¡-j] 4, :WOO
C~ 11. Provide one disabled parking stall adja=t to the recreation area.
< Drainage
1. A Notice ofIntcnt needs to be filed with the San Diego Regional Warer: Quality Control
Board.
2. An NPDES Genc:nù Permit for Storm Warer Discharges Associated with Construction
A~ be required.
3. A Storm Warer: Pollution Prevention Plan (SWPPP) Will be required.
4. Best Management Pracri= (BMPs) ne::d to be implemented !D eliminate or reduce to
maxlinuID extent practicable pollution of stoim dnlinage systems during and after
'/ const:nlCtion.'
5. Impa= of development on exis1ing downstream drainage facilities need to be stuõied.
6, A,.D easement maý be required fór drain2.ge óf me-sbum easfþorrion of me sileo
L) 7. Limits of private and public dnlinage facilities need to be deñned on me map.
Waste}'VsU:er
1. Verify the existence and locations of some of me sewer lines shown on me plans. mere
s=s to be some inconsistencies berw= the lines shown and our r=rds (See anached
drawing).
2.' The plan should show me direction of flow (or inven elevations) and a legend.
II. FIRE DEPÞ.RTME1\'T COM:M:E1\'TS
I.. The cross-section of the proposed private loop Street indicates a dimension of 20 feet in
width.. A mTIñmnm dime:nsion of 20 fed: m width for fire = is necessary and parking
will not be pe:rmitted along the loop street.
2. Lot 5 aDd 6 may be required to have sprIDk1= and} or reinforced drivewaYi due !D set back
from the street.
3. Gates :mav be recrui~ 10 have Knox lock access and strobes for entry. .
-..J'~ 4. Five fire hydrants shall be: located to the sarisfacrion of the Fire Department.
--.:,:/
CITY OF CHULA VISTA
- .-...---...---.........,
Bob Haynes, P.E. -5- ApriJ 4. 2000
.--
IlL PLANNING DIVISION COMMENTS
'
L The private access road proposed off of Hilltop Drive called out as to be 40 feet in width.
Thè cxistÏng road is approximateJy 12 feet wide with mature 1andscaping serving as a border.-
Th= are mnnc:rous fences and other improvements (i.c. driveways, patios) within a few feet
of the existing road. The existing road has a vr::ry rural character and provides access to
seve:ra1 :residences. The widening of the existing road would substantially diminish the rural
character and ambiance of the existing neighborhood, due to increased traffic and the
removal ofvegetationfimprovements. Although the previously approved subdivision map
depicts the same easement wicitb, it does not specify that the entirety of the access easement
would be improved. We would suggest that the access road maintain a width that would
preserve existing vegetàtion and the rural character of the neighborhood if at all possible.
2. BOA easements on the private Jot slopes and co=on IDts for access and maintenance
purposes n=i to be shown-
3. The reIJri:aing wall materials, TOp of footing versus top Df wall derails including the
sidewalk adjacent to the wall nC"'...ds to be shown.
~-r) 4. Provide IDt area calculations.
.
""-J
~.
/0 -/2
CITY OF CHUU, VISTA
-- ~----~_..
----------.. -
Bob Haynes, F.E. -6- April 4, :WOO
.-' - Additional discussion is needed v,'ith the Planning Depamnent regarding the n::creation area
amenities and timing of improvements to the =cation area. SlJould you have any questions, please
< feel fr= to contact Lombardo DeTrinidad, Civil Engin=, at (619) 691-5034 or Steve Power,
Associate Planner, at (619) 409-5864.
Sincerely,
~~¡z rf~Mko/
ASsistant Director of Planning Deputy Director of Public Works/City Engineer
cc: Bcvaiy BI=t, Senior Pl:um::r
JOM Lippm, Dirc.."tOr of Public Works
Alex Al-A.lgha, Senior Civil o::"giJ:>=
Pe&,cy McCarb::rg, Deputy City Att=ey
Silvest::r Evetovich, Civil Eng:in:::r
.) Steve Power, .Associate Planner
Lombanio DeTriniåad, Civil Engin=
~ File :; 06DO-80-EF~';¥:
H: IE 0 ME\EN G1NEER. \LAND DEVIL" C!Rl. T1U CM
~)
-/3'
CITY OF CHULA VISTA
=.= ~--~_.c .--
.. --.._.._.. ...,.-.. ---
eXHIßI1 ~'C 'I
r~~ ----- -----1
LOT A
/"---[101\[----- 11 I
I /
10
7 12
I
9
5
I 8
3 :I
I 6 13 I
2
14
'--- I
-- ---
19 18 17
- -
1
w I
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-
0:: b,~~ CIRCL~==-=LO~!~
0
CL
0
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-.I I- >-
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0::
U ~ NASLAND ENGINEERING
) D -jLI mIL- . .......... . WID"""'"
- ..- ..... ... - - lOW .",,--mo
.--.... --_._---
THE CITY OF CHULA VISTA DISCLOSURE STATEMENT
Pursuant to Council Policy 101-01, prior to any action upon maners which will require discretionary action by the Council,
Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial
interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information
must be disclosed:
1. List the names of all persons having a financial interest in the property that is the subject of the application or the
contract. e.g., owner, applicant, contractor, subcontractor, material supplier.
S4N' ÎI),c,i.-uf' I /JR.Ve/()PAle^Jr:!c LLC
J (
{jyl 5U)J /),¿,-"ê/-;D~ lf2~J ('c' ,¿LC.
-;
2. If any person* identiñed pursuant to (1) above is a corporation or parmership, list the names of all individuals with
a $1000 investment in the business (corporationiparmership) entity.
C/1l1fèÚ¿ <, D. !?JL{(é.}r /1(;&
(~\ . ~i! ~(/ /
UrUlC,(".c'v C.
J ( ~C)(:;4ILIS11 tf/~
/U'//IYtI1'\
J
3. If any person* identiñed pursuant to (I) above is a non-profit organization or trust, list the names of any person
serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust.
NI!.
4. Please identify every person, including any agents, employees, consultants, or independent contractors you have
assigned to represent you before the City in this maner?
(ìh4i(Jjf~ n. 7/)(/ ip !-.:((cik
G/ZJ.)jCR-f (). ShCi / (
5. Has any person* associated with this contract had any rmancia1 dealings with. an official** of the City of Chula
Vista as it relates to this contract within the past 12 months. Yes- NoL
13
...--.-...--... -.- ---_....
If Yes. briefly describe the nature of the financial interest the official" may have in this Contract?
6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the
Chula Vista City Council? NoK Yes - If yes. which Council member?
7. Have you or any member of your governing board (Le. Corporate Board of DirectorsfExecUtives, 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? Y~s- NoL
If Yes. which Council member?
8. Have you provided more than $300 (or an item of equivalent value) to an official ** of the City of Chula Vista in
the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.)
Yes - No4-
If Yes. which official" and what was the nature of item provided?
~~ ~e<._, ('.J S~"
Date: (! &T~.n6M./1 Co
/ Signature o~tractor!Applicant
I ct!h2 ~ I) /iJClI'lí7!IIo~ A .. j
,s;-/JirA"'- .J /'.4L.5uAJ li(?tj1/1/€-viCô-
Print or type name of .Contractor! Applicant-
* Person is defined as: any individual, fll1l1, co-parmership, joint venture, association. social club, fraternal organization,
corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or
any other group or combination acting as a unit.
** Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission.
or committee of the City, employee. or staff members.
If,
H . HOME ENGNEER\ADMIN\CONTRACT.s-rU5200.23 IBm¡ec Mini
14
---..-..-----------
RESOLUTION NO. 2001-
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING FINAL MAP
OF CHULA VISTA TRACT NO. 79-15, VILLA
SAN MIGUEL AS A RESUBDIVISION OF
APPROVED FINAL MAP 10173, 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. 79-15,
villa San Miguel, and more particularly described as follows:
Being a merging and resubdividing without
reversion of Chula Vista Tract No. 79-15, Villa
San Miguel, in the City of Chula vista, County
of San Diego, State of California, according to
Map thereof No. 10173, filed August 17, 1981 in
the Office of the County Recorder of San Diego
County, State of California, pursuant to the
provision of the Subdivision Map Act Section No.
66499.20 ~
Total Number of Lots 20 (10. 9ac.)
19 Residential Lots (7. 3ac.)
1 Open Space, and Street lot (3.6 ac.)
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
acknowledges that the access road (Lion Circle), the sewer
and storm drain within the property shall be HOA owned and
maintained.
BE IT FURTHER RESOLVED that said Council hereby
accepts on behalf of the City of Chula Vista the General
utility and Access Easement as shown on said map within said
subdivision.
17
. ."--'-"--"---'---'
BE IT FURTHER RESOLVED that said Council hereby
abandons all easements to the city, as shown on map 10173
within said subdivision
BE IT FURTHER RESOLVED that the city Clerk of the
City of Chula Vista is hereby authorized and directed to
endorse upon said map the action of said Council; that said
council has approved said subdivision map, 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 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
(~ c &.L
John P. Lippitt J;h . Kaheny ~
Director of Public Works City Attorney
J, \attorney\Villa San Miguel SIA
--.---.------.-.--.----.--
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 consideratlon has been paid or
received.
Declarant
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day
of 2001, by and between THE CITY OF CHULA
VISTA, a municipal corporation, hereinafter called "City", and
SAN MIGUEL DEVELOPMENT COMPANY LLC a California limited
liability company, 2010 Jimmie Durante Boulevard, Del Mar, CA
92014, hereinafter called "Subdivider" with reference to the
facts set forth below, which Recitals constitute a part of this
Agreement;
RECITALS:
WHEREAS, Subdivider lS about to present to the City Council
of the City of Chula Vista for approval and recordation, a final
subdivision map of a proposed resubdivision without reversion to
acreage, to be known as VILLA SAN MIGUEL 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 Ofqce of the County Recorder of San Diego
County, or, as an alternative thereto, Subdivider shall enter
-1-
into an agreement with City, secured by an approved improvement
security to lnsure the performance of said work pursuant to the
requirements of Title 18 of the Chula Vista Municipal Code,
agreeing to install and complete, free of liens at Subdivider's
own expense, all of the public improvements and/or land
development work required in said subdivision within a definite
period of time prescribed by said Council; and
WHEREAS, Subdivider is willing in consideration of the
approval and recordation of said map by the Council, to enter
into this agreement wherein it is provided that Subdivider will
install and complete, at Subdivider's own expense, all the
public improvement work required by City in connection with the
proposed subdivision and will deliver to City improvement
securities as approved by the City Attorney; and
WHEREAS, a tentative map of said subdivision has heretofore
been approved, subject to certain requirements and conditions,
as contained in Resolution No. 9540, approved on the 27th day of
March, 1979 ("Tentative Map Resolution"); and
WHEREAS, a final map of said subdivision has heretofore
been approved, subJect to certain requirements and conditions,
as contained in Resolution No. 10374, approved on the 13th day
of January, 1981 ("Final Map Resolution"); and
WHEREAS, complete plans and specifications for the
construction, installation and completion of said public
improvement work have been prepared and submitted to the City
Engineer, as shown on Drawlng Nos. 01035-01 through 01035-10
inclusive, on file in the office of the City Engineer; and
WHEREAS, an estimate of the cost of constructing said
public improvements according to said plans and specifications
has been submitted and approved by the City in the amount of
FIVE HUNDRED THIRTY-EIGHT THOUSAND SIX HUNDRED TWENTY-EIGHT
DOLLARS AND NO CENTS ($538,628.00).
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 apd performed, at its own expense, without
cost to City, in a good and workmanlike manner, under the
-2-
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.
^ 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
fo,-- 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 pon:ion thereof serving said building or structures
approved by the City; provided, however, that the improvement
secu,--ity 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 approve,d improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the
-3-
sum of TWO HUNDRED NINETY-SIX THOUSAND TWO HUNDRED FIFTY DOLLARS
AND NO CENTS ($296,250.00) which security shall guarantee the
faithful performance of this contract by Subdivider and is
attached hereto, marked Exhibit "A" and made a part hereof.
7. Subdivider further agrees to furnish and deliver to the
City of Chula Vista simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the
sum of TWO HUNDRED NINETY-SIX THOUSAND TWO HUNDRED FIFTY DOLLARS
AND NO CENTS ($296,250.00) to secure the payment of material and
labor in connection with the installation of said public
improvements, which security is attached hereto, marked Exhibit
"E" and made a part hereof and the bond amounts as contained in
Exhibit "E", 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 SIXTEEN THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS
($16,500.00) to secure the installation of monuments, which
security is attached hereto, marked Exhibit "C" and made a part
hereof.
9. It is further agreed that if the Improvement Work is
not completed within the time agreed herein, the sums provided
by said improvement securities may be used by City for the
completion of the Improvement Work within said subdivision in
accordance with such specifications herein contained or
referred, or at the optlon 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 (incl uding 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 iT\ no case will the City of Chula Vista, or
any department, board or officer thereof, be liable for any
-4-
(1
--
portion of the costs and expenses of the work aforesaid, nor
shall any officer, his sureties or bondsmen, be liable for the
payment of any sum or sums for said work or any materials
furnished therefor, except to the limits established by the
approved improvement security in accordance with the
requirements of the State Subdivision Map Act and the provisions
of Title 18 of the Chula Vista Municipal Code.
11. It is further understood and agreed by Subdivider that
any engineering costs (including plan checking, inspection,
materials furnished and other incidental expenses) incurred by
City in connection with the approval of the Improvement Work
plans and installation of Improvement Work hereinabove provided
for, and the cost of street signs and street trees as required
by City and approved by the City Engineer shall be paid by
Subdivider, and that Subdivider shall deposit, prior to
recordation of the Final Map, with City a sum of money
sufficient to cover said cost.
12. It is understood and agreed that until such time as
all Improvement Work is fully completed and accepted by City,
Subdivider will be responsible for the care, maintenance of, and
any damage to, the streets, alleys, easements, water and sewer
lines within the proposed subdivision. It is further understood
and agreed that Subdivider shall guarantee all public
improvements for a period of one year from date of final
acceptance and correct any and all defects or deficiencies
arising during said period as a result of the acts or omission
of Subdivider, its agents or employees in the performance of
this agreement, and that upon acceptance of the work by City,
Subdivider shall grant to City, by appropriate conveyance, the
public improvements constructed pursuant to this agreement;
provided, however, that said acceptance shall not constitute a
waiver of defects by City as set forth hereinabove.
13. It is understood and agreed that City, as indemnitee,
or any officer or employee thereof, shall not be liable for any
injury to person or property occasioned by reason of the acts or
omissions of Subdivider, its agents or employees, or indemnitee,
related to this agreement. Subdivider further agrees to protect
and hold the City, its officers and employees, harmless 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
-5-
if'./ ~
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 lts 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 i:o 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.
,
-6-
/(J - 2.1
SIGNATURE PAGE
SUBDIVISION IMPROVEMENT AGREEMENT FOR
VILLA SAN MIGUEL
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
Mayor of the City of Chula
Vista
ATTEST
City Clerk
Approved as to form by
IF . r/1 I ~
cftmc¿rney
(Attach Notary Acknowledgment)
,
-7-
_::J
----------------.------.-- --
LIST OF EXHIBITS
Exhibit "A" Improvement Security - Faithful Performance
Form: Bond
Amount: $296,250.00
Exhibit "B" Improvement Security - Material and Labor:
Form: Bond
Amount: $296,250.00
Exhibit "C" Improvement Security - Monuments:
Form: Bond
Amount: $16,500.00
Securities approved as to form and amount by
f~ctY/;l ~
ity Attorney
Improvement Completion Date: Two (2) years from date of City
Council approval of the Subdivision
Improvement Agreement.
J, \Attorney\SIA Willa San Mlguel
,
-8-
J-
u --------------
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of California }
SAN DIËGO ss.
County of UNDA A. WATTS
;¿ct:J ( Notary Public
on~b2n'l.,. , before me,
D," /' N,m,,"dl1"'oIOmO""9"J'c,Do,.No"~Pcbl;o")
personally appeared CJ^ð.y- ..d, --:D. ¡ (JUJ'-K \ 1 0 1t~
N,m'I" oISlgc",,)
~erSOnally known to me
[] proved to me on the basis of satisfactory
evidence
to be the person~ whose name(JS¡ is~
subscribed to the within instrument and
acknowledged to me that he/sbeliRey executed
the same in his/~ authorized
capacity(~, and that by his/~
signature()iion the instrument the Oer~o'lOO, or
the entity upon behalf of which the person(~
acted, executed the instrument
PI", N",O S"IAbc"
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document
Description of Attached Document5u.hd...u;' ~
Title or Type of Document: ~) (íY'-.P~
Document Date: ~ ~~~ Numberotpages:' ç/
Signer(s) Other Than Named Above: ----
Capacity(ies) Claimed by Signer
Signer's Name: . ---------~
Individual Top ~I Ihomb he'e
_. Corporate Officer -- Title(s):
-- Partner -- n Limited [' General
-- Attorney in Fact
,- Trustee
I Guardian or Conservator
L. Other: ._.._._~
Signer Is Representing: ----- --~~
@lgg7N"'oc"Nc"~Aoooc""oc.g35aDeSglgA"PO Bg, 2402'Ch,"w"h. CA 91313.2402 Pmd,No.5907 R,o;d"C,"TgH"".800,876,6827
~7
,.-,----,-,--,_.
EXECUTED IN TRIPLICATE
I I FileNo.:
SURVEY MONUMENT INSTALLATION BOND Bond No.: BE2625026
Premium: $297.00
- -
LET IT BE KNOWN BY THESE PRESENTS, that
SAN MIGUEL DEVELOPMENT COMPANY, LLC as the subdivider (hereinafter
"Principal"), and GULF INSURANCE COMPANY
a corporation of the State of
MISSOURI (hereinafter "Surety"), are held and firmly bound unto the City of
Chula Vista, a municipal corporation (hereinafter "City"), in the County of San Diego, State of
California, and to and for the benefit of any and all persons who may suffer damage by reason of the
breach of the conditions hereof, in the penal sum of
SIXTEEN THOUSAND FIVE HUNDRED AND NO/100THS dollars ($ 16,500.00 ) lawful
money of the United States, to be paid to City.
WHEREAS, Principal is presently engaged in subdividing certain lands to be known as
VILLA SAN MIGUEL
- subdivision in the City of Chula Vista; and,
WHEREAS, Principal and City have entered into a Subdivision Improvement Agreement
approved by City Council Resolution No. (hereinafter referred to as
"Agreement") whereby Principal agrees to install durable survey monuments for said subdivision,
which said Agreement, dated 20_, and identified as project
VILLA SAN MIGUEL
, is hereby referred to and made a part hereof; and,
WHEREAS, Principal desires to not instal1 durable survey monuments prior to the recordation
of the fmal map of the subdivision and desires to install same at a later date,
NOW, THEREFORE, the condition of the above obligation is that if Principal shall have
installed durable monuments of the survey by NASLAND ENGTNFFRTNG
(Nam' ofUcensed Civil Engin"'" m Land su""yo,)
in accordance with the fmal map of said subdivision. a copy of which said map is hereby made and
same is incorporated herein as though set forth in ful1, and according to the ordinances of the City of
Chula Vista in full force and effect at the time of the giving of this bond, on or before the expiration of
thirty (30) consecutive days following completion and acceptance of public improvements within said
subdivision as specified in said Agreement, then the obligation shall be void, otherwise to be and
remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefor,
tbere shall be included costs and reasonable expenses and fees, and 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.
In - Z2
-'
._. --.._<0.-..-".--"---'-'"
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety
. above named, on SEPTEMBER 4, ,20~-
- -
COMPAÑY
By 125 BROAD STREET, 7TH AND 8TH FLOOR
Address of Surety Company
BE2625026 NEW YORK, NEW YORK 10004
Bond/Policy No- City State Zip Code
ABOVE-SIGNATORIES MUST BE NOTARIZED
APPROVED AS TO FORM:
(~~ Q- þ/\ '~~
City A../ t1
J o\Enginee^LANDDEV\Forms -OfficiaIlBonds\Bond Monuments.doc
,
w-z9
. ----.---...--.------------.....-----..--
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
,"-'c"-"'~",-,='~2-cC..cè' .':,c..2'."=<e2=-c::.:c:é.c::,:"cC,>C'.,:'X.-" ':,'::.:c,o',:.. "C"':..:,C::::.C:'.C:.,o.,:_".,--
State of California }
ss.
County of SAN DIEGO --
On SEPTEMBER 4, 2001, before me, LAVETTA A HERRTNr. NOTARY l'1Jm Tr
D", N,m, ,cd r"" 01 0""" 1'9" ""c, D", No"~ P,bl""
personally appeared REGINA REEVES
N,m",! 01 S'9C"",
JQiJ personally known to me
0 proved to me on the basis of satisfactory
evidence
to be the person(r;) whose name(:£) is/ar;ex
~ - - - - ~';~A ~. ;E;lt7G - ~ subscribed to the within instrument and
-ø Commission #1283038 z acknowledged to me that RllllsheitRe$:executed
~. Notary Public - California ~ the same In Rl6/her/tm!k authonzed
~ San DiegD County f capacity(~), and that by ms/her/JOßii<
- - - _My~.:.~~l~~ signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(,s)
acted, executed the instrument.
PI", No"~ S..I Abo",
OPTIONAL
Though the intormation below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reaffachment of this form to another document,
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named AbDve,
Capacity(ies) Claimed by Signer
~igner's Name Iiïiii:P,ß\W¡I~-
~ Ind,vldual Top of 'humb hete
= Corporate Officer - Title(s):
:J Partner - C Limited CJ General
~ Attorney in Fact
== Trustee
:::; Guardian Dr Conservator
CJ Other:
Signer Is Representing:
,
<01997 "'10001 No"~ A..oo¡"IO"' 9350 D, Solo A.. PO Bo< 2402' Ch",worth, CA 91313.2402 Pcod No 5907 ""'doc C,IIToII-F", }.BOO.576.6827
)/J -~. ')
GULF INSURANCE COMPANY
ST. LOUIS, MISSOURI
POWER OF ATTORNEY
KNOWN ALL MEN BY T!!ESE PRESINTS: That the Gulf Insurance Company. a œrporation duly
organized under the laws á t!1e Stale á Mœou-I. having ;~ prlndpal offiœ on <he c"y á Irving.
Texas. pursuant to t!1e following _uuon. adc¡xed by !he Flnana & E>œcut..... Comm",.. aI!he
Board alDlr"""'áthesaidCompanyonthe lOO1dayáAugusl. 1993.10""
'RESOLVED. that the President. Execuliw V"" Presi.... or any Senior Vië!Presldeñt<r tI1e
Company \hall haw! aumonly 10 make. execute and del"" a I'ooM!r á Attorney """'"uting as
Attorney-in-Faa. such """"" firms. or corporauons as may be ",'eaed from time to time; and any
such Attorney-in-Faa may be removed and the aUlhorily!fanled him revoke<! ~ the Presldel'l. or
any Executl"" "'œ Presldel'l.. or ac1 Senior VICe President. or by !he Board aI Ir""", or by tI1e
flna.... and Executrve CommIttee the Board á D""a""-
RESOLVED. that noU1lng In this P.- aI Attorney shall be 00I1SU\Jed as a grant aI ault"alty 10
lheanomey(s)-in-faatosign. exearte.acXrowIedge. deliver or- i"""a policy or poIlóasol
insura.... on behalf 01 Gull Insurance Company.-
Gull Insuranœ Company does herel1y make. constitUIe and appoint
PAUL . HERING REGINA REEVES
ROBERT C. HALLOCK
of San Diego, in the State of California
its true and lawful anorney(s)-;n-faa. wi'" full power and authority ""'eby conf.....ed in Its name. place and stead. to sign, exeaue. ad<nowledge and detlver in its behalf. as surety.
and all bonds and undertakings of suretyship. and to bind Gulf Insurance Company thereby as fully and to tile same extent as if any bonds. undeftakings and dOCllments relating to s
bonds andlo< undertakings were signed by !he duly authorized officer of the Gulf Insurance Company and all !he aas of said anorney(s)-;n-faa. pursuant [0 !he authority herein gl'
are hereby ratified am confirmed.
The obligation of the Company shall not exceed Five Million and 00/100---------------------($5,000,000.00**" doll,
IN WITNESS WHEREOF. the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to
hereto affixed.
GULF INSURANCE COMPANY
~P. ~-L
} Lawrence P. Miniter
STATE OF NEWYORK SS Executive Vice President
COUNTY OF KINGS
On this 15 th day of November, 2000 A.D.. before me came Lawrence P- Miniter. known to me personally who being by me duly sworn.
depose and say; that he resides in the County of Bergen. State of New Jersey; that he is the Executive Vice President of the Gulf Insurance Company.
corpocatíon described In and which executed the above in=umen£; that he knows the seal of said corporation; that the seal affixed to the said Instrum,
is such CO'PO"". seal; that it was SO affixed by order of the Board of Directors of said co'PO"'tion and that he signed his name. thereto by like order.
òd~
STATE OF NEW YORK } Notary Public. state of New York
SS No. OZlA4958634
COUNTY OF NEW YORK Qualified in Kings Coun,y
Commission Expires December 30. 2001
I. the undersigned. Senior Vice President of the 'Gulf Insurance Company. a Missouri Corporation. DO HEREBY CERTIFY that the foregoing and anoo
POWER OF ATTORNEY remains in full force-
Signed and Sealed at ,be City of New York. 4th day of SEPTEMBER ;20
-~~~
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
c 'fè~~ ~ ~~ ~ = =~""'= =..è('..è('.:c<'= == ~== = =..è('.c<' = = = === == = ~ '"
@ . ~
I State of California - } ~
. SAN DIEGO ss, g
. County of - - UND ~
I AA. WATTS .
" ;¿oo / Notmy Public ~
i Do Sy,k:2"bffJt""" me '-'.'_.._"'-'-'.',"~. I
: ",w","Y"""'" 'J7a./Iô ~. ÎÕLL r+elt Dft-~ I
" N,me,""S""""
- onally known to me
~ ~ed to me on the basis of satisfactory .
~ evidence
I to be the person(¡\Q whose nameWJ is/~
~ subscribed to the within instrument and
@ J - - - - - -u:O..:: ;^~ - - ~ acknowledged to me that he/~xecuted
I @ c....'oo..m~.', ,"",m, '" "'"",..n"'" '"'"""eo
~ ~,..; Nota¡yPublic-colifomIO ~ capaclty~), and that by hls/~
~) Son Diego CounTy ~ signature(s) on the instrument the person,(S}, or
~ - _My~m~~~~~ the entity upon behalf of which the perso!}(š)
@ - - acted, executed the Instrument ~
~ ~
~ ~
~
~ P""No"~S"IAbo" ~
~ ~
~ .. . OPTIONAL . ~
~ Though the information below is not reqUIred by law, " may prove valuable to persons relYing on the document 1)
~ and could prevent fraudulent removal and reaffachment of this form to another document ~
~. Description of Attached Document ~ ~ ~ ~
~ Title or Type of Document: 1S g
@ p <;AõJI 0 Vr/ g
@ Document Date: . q , ~, 0 Number of Pages: r g
~ ~
@ Signer(s) Other Than Named Above: Rp~¡llrtú Kp'fVtl') I
~ Capacity(ies) Claimed by Signer &u .'~ ~. '
~ Signer's Name: X ¡e$, u r rt ~
~ J I dd I ~ . . ,
, . n IV I ua ,', Top olthomb h"e
~ t- Corporate ()nìcer - Title(s): A Ii> I (~ ~
i c 'omo,-. ImooO: Go","' l.' .1 ~
jj == Attorney in Fact ~
¡¡ = Trustee ~
I c Gœml~", Go~'",ro, . J
~ -' Other:
I ' ,
~ Signer Is Representing: - I 'I
I'
~",,-gfØ;'~=~"""""""'~==~~~==~~=-==^Ç<o=^Ç<o^Ç<o~~==~~~~'Çý^Ç<o~~~=~ .;
~ 1997 ",/1'001 No1,~A"oc"IIoo' 9350 D, SOlo A". po Bo>2402' c"",wo," CA "313-2402 Pmd. No. 5907 R,oed" c,11 TolI-F", 1-BOO-B76-'B27
/0 -~-
Is srP
-e:4 .fOù
File No.: IISOOIF
BOND FOR FAITHFUL PERFORMANCE Bond No.: BE2625019
Premium: $10,665.00
(To Be Used Prior to Approval of Subdivision-lmprovement Agreement)
- -
WHEREAS, the City Council of the City ofChula Vista, County of San Diego, State of California,
and SAN MIGUEL DEVELOPMENT COMPANY, LLC (hereinafter "Principal")
desire to enter into a Subdivision Improvement Agreement (hereinafter referred to as "Agreement") whereby
Principal agrees to install and complete certain designated public improvements for the project known as
VILLA SAN MIGUEL DEVELOPMENT ; and
WHEREAS, Principal desires to commence construction of said public improvements prior to
approval of said Agreement by the City Council ofthe City of Chula Vista; and,
WHEREAS, the City ofChula Vista, County of San Diego, State of California, has issued to Principal
Construction Permit No. 79-15/VSoOlr (hereinafterreferred to as "Permit") for the public improvement
work as set forth in more derail on City of Chula Vista Drawing NOSO1O35-01 through
01035-10 , regarding construction of said public improvements, which Permit is hereby referred to
and made a part hereof; and,
WHEREAS, said Principal is required under the terms of said Permit to furnish a bond for faithful
performance of said Permit and will be required to maintain such bond pursuant to the Agreement.
NOW THEREFORE, we, the Principal and GULF INSURANCE COMPANY
, a corporation of the State of
MISSOURI , (hereinafter "Surety"), are held and firmly bound unto the City of Chula
Vista, a municipal corporation (hereinafter "city") in the County of San Diego, State of California, and to and
for the benefit of any and all persons who may suffer damages by breach of the conditions hereof, in the penal
sum of FIVE HUNDRED NINETY TWO THOUSAND FOUR HTTNnRFn NTNF1Y ONE J!'.m N~/1ggTR~ dollars,
($ 592 ,491.00 ), lawful money ofthe United States, for the payment 0 WhlC ' sum we I and truly
to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally,
firmly by these presents.
The condition of this obligation is such that ifthe above-bound Principal, his or its heirs, executors,
administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and
perform the terms, covenants, conditions, and provisions of said Permit and the subsequent Agreement, which
is incorporated herein and any alteration thereof made as therein provided, on his or their part, to be kept and
performed at the time and in the manner therein specified, as to installation and completion of said public
Improvements both prior to and subsequent to City approval of the Agreement and in all respects according to
their true intent and meaning, and shall indemnify and save harmless City, its officers, agents and employees,
as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full
force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefor, there
shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by
City in successfully enforcing such obligation, all to be taxed as costs and included in any júdgment rendered.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the
terms of the Permit or the Agreeme;¡t or to the work to be performed thereunder or the specifications
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 ofthe Permit or the Agreement or to the
') -~;3
work or to the specifications.
In addition to the acts bonded for pursuant to the Permit incorporated above and all terms, conditions
and provisions of the Agreement, the following acts ãnd performances are additionally subject to the terms of
this bond:
- -
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above
named, on JULY 11 , 20~
SAN MIGUEL DEVELOPMENT COMPANY TTC
Na~.~
By' . IM.' ¿",:/;4../.:., ,
~ -/ ~'~..."~"J
¡£1em¡'e.¡L
By
BE2625019 SAN DIEGO CA 92101
Bond/Policy No. City State Zip Code
ABOVE-SIGNATORIES MUST BE NOTARIZED
, 'y ,,"y,'" . .,' "', "',"V,N,,' . ' "'~,"',"","""',o . ..0 ,'0','..
APPROVED AS TO FORM:
L~ 9- !lz 'úvf~
CityŸ. ßý
J:\Engineer\LANDDEV\Forrns-Offiçial\Bonds\Bond Faith Perf prior to SIA,DOC
,
- 3'-1
-,..",-_.,----,--,,----- --..,
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of California } ss.
County of SAN DIEGO - -
On JULY 11, 2001 , before me, LAVETTA A HERRTNG NOTARY FliRT Tr.
0"," ".me .", ",'" 01 Off,,", '".g., 'J."" DO". "o,.~ p""..,
personally appeared REGINA REEVES
N,me"1 0' Sig"""'1
JQg personally known to me
C proved to me on the basis of satisfactory
evidence
to be thè person(s) whose name~) is/-
[-"'-'" .", _. .,". "~/:~~~;~-;~~1 subscribed to the within instrument and
acknowledged to me that lIelsheJtRaytexecuted
- - CO'~",¡",¡on ,,' 783038 z the same in 1IÍ6/her/~ authorized
1 "Dlooy <'u"lie California ~ capacity(~), and that by m/her/!lJeiic
~ :icc Di""o =County J
. ,!>",rem"'_Ex;J<BSNéw1B.ZDI signature(s) on the instrument the person(s), or
....".....,...,~",,~.._-,,~ the entity upon behalf of which the person(;¡)
acted, executed the instrument.
p'OC" "o<.~ S"., Abo,"
OPTIONAL
Though the Information below is not required by law, it may prove valuable to persons relYing on the document
and could prevent fraudulent removal and reaffachment of this form to another document
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name: ¡¡¡¡¡:P.I~-
= Individual
- Corporate Officer - Title(s): I Top of fhemb he'e
= Partner - = Limited 0 General I
- Attorney in Fact
iJ Trustee
iJ Guardian or Conservator
[] Other:
Signer Is Representing:
,
~ "97 ".lioo.' "ot.~ A"o'"I,," ' 9350 0" Solo A.e . po 8°' 2402 . eha"worth, CA 91313-2402 Pcod. No. 5907 Roo"", e,II ToII-F,.. 1 -'00-876-5927
/() - 35
----- -- ------------------------
-
GULF INSURANCE COMPANY
ST. LOUIS, MISSOURI
POWER OF ATTORNEY
KNOWN AlL MEN BY THESE PRESENTS: That lhe Gull 1"",= Company. a CO'])O"""" duly
orgamzed un"" the laws rJ tJ1e Slat. rJ Mis>tul. haV<ng '" prlnclpat offiœ In "" c"y DlI""I'<).
T"... pu"""nllO lhe followIng resoIuucn. adopred by tJ1e F,nanœ & Encu"'" Comm",.."""
Board 01 Olrea"" oIlhe saId Company on tJ1e lOOulayrJ August 199J.IOW>L
-RESOLVEO. !!\al tne P",idenL &ecut... Vice """"'" I)" any S,ml)" 11<0- P'",denHI u..
Company lhall - autl1Orlty to make. "eau and deliver a Power 01 Attorney con."utlng "
Auorney-in-FaCl such per=. firms. or a:rporalt""'" may be lel!aed Irom III'" " "me: and any.
~ ~~'~~"tr= ;;n:;'" ~~ u;,C:P':::"r~I~~:: = ~I;:~"~œ;;- :.
Finance and úecuttve Comml... 01 tJ1e Board" O"ea""-
RESOLVED. thai no</1ing in thl, Power 01 Antmey IhaII be conwued " a granl 01 aulhorlty"
""anorT'O (')-in-fac1lo"gn.execute.~œltveror~lei""'apo"CJorpolla"oI
Insurance on behalf 01 Gulf 1"",,= Company.'
Gulf I"""ance Compar1j _hereby make. consUlUte and appoInt
PAUL . HERING REGINA REEVES
ROBERT C. HALLOCK
of San Diego, in the State of California
its true and lawful attorne<j(s)-in-laa. wi\l1 full power and au\l1o"t'f herelJy conferred In its name. place and stead. to sign. exe<:ute. ad<nowledo¡e and deliver In ItS behalf. as suret)
and all bondS and undertakings of sure<JShip. and to bind Gull I",uranee Company tI1ereby as luUy and to tI1e same extenl as ,I any bonos. undertakings and documents 'elating to
bonds andIor undertaJtings were signed by tI1e duly autJ1Onzed officer of the Gulf Insurarce Company and all tI1e acts 01 saId attomey(s)-in.faa. pursuant 10 the au",o",y heteln 9
are hereby ratified and coofirmed.
The obligation of tI1e Company snail no< exceed Five Million and 00/100-----------------------~$5,000,000.00**'dO
IN WITNESS WHEREOF. the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and Its Corporate Sea' tl
hereto affixed.
GULF INSURANCE COMPANY
~p- ~-L
} Lawrence P. Miniter
STATE OF NEWYORK SS Executive Vice President
COUNTY OF KINGS
On this 15 th day of November. 2000 A.D.. before me came Lawrence P. Miniter. known to me personally who being by me duly sworn
depose and say; that he resides in the County of Bergen. State of New Jersey; that he Is the Executive Vice President of the Gulf Insurance Company,
corporation described In and which executed the above instrument that he knows the seal of said corporation; that the seal affixed to the said Instrum
Is such corporate seal; that it was so affixed by order of the &ard of Directors of said corporation and that he signed his name. thereto by like order.
òd~
Notary Public. State of New York
STATE OF NEW YORK } SS No. 02JA4958634
COUNTY OF NEW YORK Qualified in Kings County
Commission Expin!:l December 30. 2001
I. the undersigned. Senior Vice President of <hI! Gulf Insurance Company. a Missouri Corporation. DO HEREBY CERTIFY that the forO<)olng and atta'
POWER OF ATTORNEY remains in lull force.
Signed and s...led at the City of New York. Dated the 11TH day of JULY ..ze
JO - 3có .~ ~--./:
Geor,g~ Bi3!nca~di
.~----._--------- .-- ---------.---
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of California UiFc;-r -=~ } ss,
County of ?tAl\,'
I
7~7 t r ';-\ 5,<rJf¡/E ij
On , before me, I /' 0(\ ì fI IV t'\
'I Dô," r ~\f\f (¡=c; () :ome "'I Q~J~r-; 9; tlr;ot"~ Po"CC
personally appeared
N,melo) of SlgCO'I"
~::: personally known to me
~roved to me on the basis of satisfactory
ev dence
to be the person(s) whose name(sQre
subscribed to the ~nstrument and
acknowledged to ~ elthey executed
the same in hi I er/their ab!thorized
capacity(ies), and that by ~er/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, execute~ th:instrumen~
WITN~y hand and officia,
ð '
/:r, (
0"" No"', S,O' ACO" ¿ ~ "",,,
OPTIONAL
Though the mformat,on below IS not reqwred by law, ,t may wove valuable to persons relying on the document
and could prevent frauduient removal and reaNachment of this form to another document,
Description of Attached Document I--ttt\\\~L¡ f rE{Z{DI~Lð\ ¡"I,'C L':-
Title or Type of Document: l~olvd f-(','{
Document Date: _,_~_l¡.J!. / C~------- ,- Number of Pages:
Signer(s) Other Than Named Above: --,-- ~
Capacity(ies) Claimed by Signer
Signer's Name: -,',-,------~---------
Individual .
Top of 'homb he',
- Corporate Officer ~ Tltle(s)'
Partner - Limited General
- Attorney in Fact
Trustee
- Guardian or Conservator
Other.
Signer Is Representing: - ----- ----------
,
O'"%"'""","o"""oOO,""",,,,"o,s",",,, eo B","OC'C',"w,""C"""""'~"""""'ô,",g Pm' No 590' P'"""C","o""",, """"6682'
/iÎ ':7
-----------,----
.¡ s, ÇLD
~ e-'1. saO
FileNo.: VSOOIF-
Bond No.: BE2625019
Premium: INCLUDED
BOND FOR MATERIAL AND LABOR
(To Be Used Prior To Appro"Vã1 of Subdivision Improvement Agreement)
WHEREAS, the City Council of the City ofChula Vista, County of San Diego, Statß.ofCalifornia, and
SAN MIGUEL DEVELOPMENT COMPANY, LLC (hereinafter "Principal") 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 known as
VILLA SAN MIGUEL DEVELOPMENT ; and
WHEREAS, Principal desires to commence construction of said public improvements prior to approval
of said Agreement by the City Council of the City ofChu]a Vista; and,
WHEREAS, the City of Chula Vista, County of San Diego, State of California, has issued to Principal
Construction Permit No. 79-15/VSOOI F (hereinafter referred to as "Permit") for the public
improvement work as set forth in more detail on City of Chula Vista Drawing Nos. 01035-01 through
01035-10 , 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 payment bond with the City of Chula Vista to secure the claims to
which reference is made in Title 15 (commencing with Section 3082), Part 4, Division 3, of the Civil Code of
the State of California and will be required to maintain such bond pursuant to the Agreeement.
NOW THEREFORE, said Principal and GULF INSURANCE COMPANY , a corporation of the
State of MISSOURI , (hereinafter "Surety"), are held and firmly bound unto the City ofChula
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 NINETY TWO T~OUSAND FOUR
H1JNTJR1'D NTN1'TY ON!' AND NO WOTHS dollars, ($ 592,491.00 ), 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 amount thereof, costs and reasonable expenses and fees, including reasonable
attorney's fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court,
and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all
persons, companies and corporations entitled to file 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.
The condition of this obligation is such that if the above-bound Principal, his or its heirs, executors,
administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and
perform the terms, covenants, conditions, and provisions of said Permit and the subsequent Agreement, which is
incorporated herein and any alteration'thereof made as therein provided, on his or their part, to be kept and
performed at the time and in the manner therein specified, as to installation and completion of said public
Improvements both prior to and subsequent to City approval of the Agreement and in all respects according to
--.--.------.--...--...---......
their true intent and meaning, and shan indemnifY and save hannless City, its officers, agents and employees, as
therein stipulated, then this obligation shan become nun and void; otherwise, it shan be and remain in fun force
and effect.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the
tenns of the Pennit or the Agreement or to the work to be perfonned thereunder or the specifications
accompanying the same shan in anywise affectits obligations on this bond, and it does hereby waive notice of
any such change, extension of time, alteration or addition to the tenns of the Pennit or the Agreement or to the
work or to the specifications.
As part of the obligation secured hereby and in addition to the face amount specified therefor, there shan
be included costs and reasonable expenses and fees, and including reasonable attorney's fees, incurred by City
in successfuny enforcing such obligation, an to be taxed as costs and included in any judgment rendered.
In addition to the acts bonded for pursuant to the Pennit incorporated above and an tenns, conditions
and provisions of the Agreement, the fonowing acts and perfonnances are additionany subject to the tenns of
this bond:
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above
named, on JULY 11 ,20~.
By
By
BE2625019 SAN DIEGO, CA 9/101
BondIPolicy No. City State Zip Code
ABOVE-SIGNATORIES MUST BE NOTARIZED
APPROVED AS TO FORM:
~~ ~
City A' . ey
J :\Engineer\LANDDEV\Fonns-OfficiallBondslBond Material & Labor Prior to SIA.doc
,
3C:¡
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
~,::è=:c/~~,~'.c':C:::<::~d~=,"'""-~"":::C::::.':::':":.~~O:'C:'C ,C:.: ,c." 'C'.':..:.. .'.:'C:.,:.."-.,,-.,;:.,,-.,;:,,
State of California } ss
County of SAN DIEGO - -
On JULY 11, 2001 , before me, LAVETTA A HERRTNr" NOTARY I'HRT Tr
D", Nom, ,od 1111, 01 Off;". ('.g~ 'J,", D". No"~ P",,",')
personally appeared REGINA REEVES
N,m",) 01 S;go"'I')
JIi;1g personally known to me
~ proved to me on the basis of satisfactory
evidence
ä- ::.;;.;^: ~':":G '1 to be th'e person(s) whose nameÇ$) is/-
subscribed to the within instrument and
Commission #1283038 acknowledged to me that RlllsheJt~executed
~' Notory Public - California ~
1:: . San DIego County f the same in Ris/her/tœk authorized
capacity(~), and that by m/her/Jh6i!c
/VI; em"". - Nov 18, 2004
~---~""---"'-- signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(§)
acted, executed the instrument
WIT
PI", No"~ S", Abo.'
OPTIONAL
Though the information below is not required by law, it may prove vatuable to persons relying on the document
and could prevent fraudulent removal and reaffaehment of this form to another document.
Description of Attached Document
Title or Type of Document
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name: ¡¡¡¡¡¡¡:~~',Wj',~iiiI
C Individual
Top of thumb here
:J Corporate Officer - Titte(s):
::J Partner - C Limited ::J General
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
::J Other:
Signer Is Representing:
,
@ 1997 N""o,' No<a~ A"",""o . 9350 D, SO<o A". po Bo> "°2 . Ch"'worth. CA 91313-"02 Pmd. No 5907 R."d,. Call TolI.F." 1.BOO.87'.6B27
In-t¡o
-
GULF INSURANCE COMPANY
ST. LOUIS, MISSOURI
POWER OF ATTORNEY
KNOWN AlL MEN BY THESE PRESENTS: That tho Gull I........ Company; a eo<¡>ora"on duly
organiZEd under tho laws tt tI1e State tt "'""","I. haYlI1g iß I"'nopal otroœ In LI1e "'y 0I11YI"'J.
Texas. pur5Uant 10 tho following ....uuon. ado!Ød by tI1e Fnwa & Encut..... Comm",.. 01 <to
Board 01 D;reaon 01 tI1e ""d Company on the lID> day 01 AugusI. 1993. to","
-RESOLVED. that tI1e President Encutiw I'oœ - or any Senior 1'1I:Ù'",deI1Ut..<to
Company shall ...... authelllY 10 mai<t. execuIe and <leli", a P- 01 Altor"'Y comlltuMg "
A!torney-in.Faa. - penons. nnm. or cor¡¡ora!tons as may be - from "me 10 "me: ,1'<1 any
:: ~~i~~~~ ~ ~~ U:~U~:la;'~ ~ = ~i~:~"~œ..;- ~
finora ancI ExeaJtive Comnllnee 01 tI1e Board 01 Direa...
RESOLVED. tJ1aI nrxning in this P- 01 AIlomey shall be comII1Jed " , gr,nt 01 'Uthorlty 10
tI1e ,tttrney(s).in.raa 10 ~gn. execute. acknowledge. <leiiYot or """"",. i""" , IXJlity or IXJlia" cI
Insurara on benall 01 Goll I_ora Company; -
Gull lmurara Company"'" nereòy make. comulute a1'<1 aplxnnt
PAUL . HERING REGINA REEVES
ROBERT C. HALLOCK
of San Diego, in the State of California
its true and lawful attorney(s).in.fact. ",th full power and authOrity hereby confOfTed in its nome. place a1'<1 Stead. to sign. e'etUte. acJu1Owledge and deliver In its behalf. as surety. a
,nd all bonds and undertakings of suretyship. ana to bind Golf Insurance Company thereby as fully and to rne same e"ent as if any bonos. underukings and documents relatIng '° '"
bonds and/or undertakings were signed by 1I1e duly authOriZed officer of 1I1e Gulf II1S!Jranci! Company and all tI1e actS of saId attorney(s).in.faa. pursuant to the aurnority here,n gl"
are hereby ratified and conñnned.
The obligation of1l1e Company shall """",ceed Five Million and 00/100----------------------1$5,000,000.00**; doll"
fN WITNESS WHEREOF. the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to I
hereco affixed,
GULF INSURANCE COMPANY
~p" ~-L
} Lawrence P. Miniter
STATE OF NEWYORK SS Executive Vice President
COUNTY OF KINGS
On this 15 th day of November. zoaD A.D.. before me came Lawrence P. Miniter. known to me personally who being by me duly sworn,'
depose and say; that he resides in the County of Bergen, State of New Jersey; that he is the Executive Vice President of the Gulf Insurance Company. l
cor¡>oration desaibed in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrumer
is such corporate seal; that it wa5 50 affixed by order of the Board of Directors of said corporation and that he signed his name. thereto by Uke ordeL
ò~
STATE OF NEW YORK } Notary Pubuc, Septe of New York
SS No. 02JA4958634
COUNTY OF NEW YORK Qualmed io Kings County
Commission Expires December 30,2001
f, the undersigned. Senior Vice President of the Gulf Ins'Jrance Company. a Missouri Corporation. DO HEREBY CERTIFY that the foregoing and attaer
POWER OF ATTORNEY remains in full force. '
Signed and Sealed at the City of New York. "",HC. IITH day of ,200
/.~ Dated the JULY
. -: ,,0.., ~.'" '\ .~ ~--L
\( SEA~~
.M. -. .. "M." '~' J/f1 Lf/ ,.~",-,,-rfl;_~ig~,:~~~~.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California } ss
.--., 1);~f c
County of '-::::> í) II;
On 7(1 ~,~" ( before me ()",q;tI\l\ffl ~¡NtVeft
0 ~'M (Fe; 'b~lè~~:tf~rl;Tf~~J"Oooo.N""~P"bh~~-,
personally appeared
",molel 01 SIg"',e,
c--: personally known to me
áproved to me on the basis of satisfactory
evidence
to be the person(s) whose name(sQìare
subscribed to the Wi~ instrument and
acknowledged to m~. heÎshe/they executed
the same in hi 'her/their .authorized
capacity(ies), and that by G;2her/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
0"'0 N""y So,, AOOce.
OPTIONAL
Though the Infoemahon below Is no: required it may prove valuable to persons relying on the document
and could prevent fraudulenl and reattachment of this form to another document
Description of Attached DoculU€Jlt ., F,,(:. 01 rìIE~( fjWJLcJ?_~_-
Title or Type of Document ----l ì;-:J¿;.¡\/c\
Document Date- ~!u.._f\ ! Number of Pages-
Signer(s) Other Than Named Above.
Capacity(ies) Claimed by Signer
Signer's Name: --- ---- lOP
Individual . o'
- Too 01 Ihomb he"
- Corporate Officer - Title(s) --
- Partner -- - Limited .- General
Attorney in Fact
= Trustee
-- Guardian or Conservator
Other: ------ - ---------.,,- - -----
Signer Is Representing ----- ---------.. ------- ~.
'C'J
"""""""'",",'"",",00'",,0. 5"",.. PO .","°,"" p""" C"'"'e,,, ,-ew""-',,'
" 1f:2-
RESOLUTION NO. 2001-
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING SUPPLEMENTAL
SUBDIVISION IMPROVEMENT AGREEMENT FOR
CHULA VISTA TRACT NO. 79-15, VILLA SAN
MIGUEL AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
WHEREAS, the developer has executed the SSIA in order
to satisfy the outstanding Tentative Map Conditions.
NOW, THEREFORE, BE IT FURTHEiR RESOLVED that the City
Council of the city of Chula vista does hereby approve the
Supplemental Subdivision Improvement Agreement for Chula Vista
Tract No. 79-15, Villa San Miguel, 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
~~W
John P. Lippitt John. Kaheny ~
Director of Public Works City Attorney
J, lattorneylssia villa San Miguel
--'.'
-."-...,-----., -.--, .---.-.-.-.,
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 CHULA VISTA TRACT NO. 79-15
VILLA SAN MIGUEL
(Conditions of Resolution 9540 for Chula Vista Tract No. 79-15, Villa San Miguel)
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 SAN MIGUEL
DEVELOPMENT COMPANY, LLC ("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 ("Property"). The Property is referred to as
Villa San Miguel, Chula Vista Tract No. 79-15. For purposes of this Agreement the
term "Project" shall mean "Property". For the purposes ofthis agreement, "Villa San
Miguel" shall refer to the Tentative Map for Villa San Miguel C.v.T. 79-15, approved
by City Council on March 27, 1979 by Resolution 9540.
B. Developer is the owner of the Property.
C. Developer has applied for and the City has approved a Tentative Subdivision Map
I
'-I I(
commonly referred to as Chula Vista Tract No. 79-15, Villa San Miguel, ("Tentative
Subdivision Map") for the subdivision of the Property.
D. The City has adopted Resolution 9540 ("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 revised final map for which Developer has applied ("Final Map") as
being in substantial conformance with the Final Map and Tentative Subdivision Map
described in this Agreement. Developer understands that subsequent final maps
may be subject to the same conditions.
F. Final Map No.1 073 was recorded as to the property on January 13, 1981, pursuant
to Resolution No.1 0174. Developer has applied for a revised Final Map pursuant to
California Government Code section 66499.20 Y:..
NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein
contained, the parties agree as set forth below.
1. Agreement Applicable to Subsequent Owners.
1.1 Agreement Binding Upon Successors. This Agreement shall be binding
upon and inure to the benefit of the successors, assigns and interests of the parties
as to any or all of the Property until released by the mutual consent of the parties.
1.2 Agreement Runs with the Land. The burden of the covenants contained in
this Agreement ("Burden") is for the benefit of the Property and the City, its
successors and assigns and any successor in interest thereto. City is deemed the
beneficiary of such covenants for and in its own right and for the purposes of
protecting the interest of the community and other parties public or private, in whose
favor and for whose benefit of such covenants running with the land have been
provided without regard to whether City has been, remained or are owners of any
particular land or interest therein. If such covenants are breached, the City shall
have the right to exercise all rights and remedies and to maintain any actions or
suits at law or in equity or other proper proceedings to enforce the curing of such
breach to which it or any other beneficiaries of this agreement and the covenants
may be entitled.
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
2
IJ - L/ ~:::
--..----------.------.--.... -..
any such request for a release so long as the assignee acknowledges that the
Burden of the Agreement runs with the land, assumes the obligations of the
Developer under this Agreement, and demonstrates, to the reasonable satisfaction
of the City, its ability to perform its obligations under this Agreement as it relates to
the portion of the Project which is being acquired by the Assignee.
b. Partial Release of Developer's Assignees. If Developer assigns any
portion of the Project subject to the Burden of this Agreement, upon request by the
Developer or its assignee, the City shall release the assignee of the Burden of this
Agreement as to such assigned portion if such portion has complied with the
requirements of this Agreement and such partial release will not, in the opinion of
the City, jeopardize the likelihood that the remainder of the Burden will not be
completed.
c. Implement Mitigation Measures. Developer shall diligently implement, or
cause the implementation of all mitigation measures pertaining to the Project. Any
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.
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.
2. (ADA Standards). The Developer Agrees to construct sidewalk widths and
pedestrian ramps on all walkways to meet or exceed the "Americans with
Disabilities Act"(ADA) and City Standards.
3. (Private Storm Drain Clean Outs). The Developer agrees to designate as private
and maintain by a Home Owner's Association all storm drain clean outs on site.
Developer further agrees to include in the CC&R's conditions and restrictions to
assure proper maintenance.
4. (Erosion). The Developer agrees to defend, indemnify, and hold harmless the City,
and its agents, officers or employees, from any claim, action or proceeding against
the City, or its agents, officers or employees, related to erosion, siltation or
increased flow of drainage resulting from the Villa San Miguel Development. City
agrees to reasonably cooperate with the Developer in the defense of any such
action, claim or proceeding.
5. (Withhold Permits). 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 anyone of the following occurs:
3
If) "/h
-.....-,,----..-----------"-.
i. Regional development threshold limits set by the East Chula Vista
Transportation Phasing Plan, as amended from time to time and as
applicable to the Project, 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, on the condition that City shall promptly notify the Developer of any
claim, action or proceeding and on the further condition that the City fully
cooperates in the defense, the Developer shall defend, indemnify, and hold
harmless the City, and its agents, officers and employees, from any claim,
action or proceeding against the City, or its agents, officers or employees, to
attack, set aside, void or annul any approval by the City, including approvals
by its Planning Commission, City Council, or any approval by its agents,
officers, or employees with regard to this Project.
c. 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. (Indemnification). The Developer agrees 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 Councilor 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.
7. (Cable Television). The Developer agrees 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 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
4
- LI 7
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 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.
8. (Landscape and Irrigation Plan). The Developer agrees to, within 30 days of City
Council approval of this agreement, to 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
9. (Relocate Utilities). 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.
10. ("As-Built"). 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.
11. (NAD 83). The Developer agrees to Tie the boundary of the subdivision to the
California System - Zone VI (1983).
12. (Notice to Owners). The Developer agrees that future property owners shall be
notified during escrow by a document to be initialized by the owners, and approved
by the City Engineer and Director of Planning and Building of the maintenance
responsibility of the HOA and their estimated annual cost.
13. (Fire Hydrants). The Developer agrees to install and make operable the hydrants
and 20-foot wide fire access roads prior to delivery of combustible building
materials.
14. (Code Compliance). The Developer agrees to comply with all applicable sections
of the Chula Vista Municipal Code. Developer further agrees that 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.
5
i tJ . LIZ
15. (Code Compliance). The Developer agrees to pay all applicable fees in
accordance with the City Code and Council Policy, including, but not limited to, the
following:
1. The Transportation and Public Facilities Development Impact Fees.
2. All applicable sewer fees, including but not limited to sewer connection
fees.
16. (Clean Water). The Developer agrees to comply with all relevant Federal, State,
and Local regulations, including the Clean Water Act, and shall provide all required
testing and documentation to demonstrate said compliance as required by the City
Engineer.
17. (Urban Runoff). 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.PD.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.PD.E.S. regulations or
requirements.
18. (HOA Easements). The Developer agrees to submit proof, within 60 days of Final
Map approval, of easements being granted to the HOA for Lot A, and within
individual lots, including utility, slope, sewer, storm drain, and maintenance
easements. The above easements shall be to the satisfaction of the City Engineer.
19. Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned,
that Developer shall comply with all unfulfilled conditions of approval ofthe Villa San
Miguel, Chula Vista Tract No. 79-51 Tentative Map (adopted by Resolution 9540)
and shall remain in compliance with and implement the terms, conditions and
provisions of the Resolution.
20. Recording. This Agreement, or an abstract hereof prepared by either or both
parties, may be recorded by either party.
6
)(1 ! /<7
21. 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.
22. 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.
23. 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:
SAN MIGUEL DEVELOPMENT COMPANY LLC
2010 Jimmie Durante Boulevard
Del Mar, CA 92014
AUn: Charles D. TourtelioUe
7
If) - 5')
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)
8
-í
............,--..---------...-..-..,
SIGNATURE PAGE TO
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
VILLA SAN MIGUEL
CHULA VISTA TRACT NO. 79-15
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 DEVE PMENT
ELOPMENT
ING MEMBER.
By: By:
Mayor of the City of Chula Vista
ATTEST By:-
City Clerk
Its:
Approved as to form by
~ /f\ <Ú~
City toe.
(Attach Notary Acknowledgment)
J;\ENGINEER\LANDDEVlVILLA SAN MIGUEL\VSM_SSIAREVISION1.DOC
9
.......
List of Exhibits
Exhibit "A" Legal Description
Exhibit "A-1" Plat of Property
10
')
EXHIBIT "An
lOTS 1 THROUGH 20, INCLUSIVE, OF CHUlA VISTATRACT NO. 79-15, IN THE
CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORSING TO THE MAP THEREOF NO 10173, FILED IN THE OFFICE OF
COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 17,1981.
'~),9/
I~~ ----- -----1
LOT A
/,,---Üõï\f---- 11 I
/
10
7 12
I
9
5
I 8
:) J
I 6 13 I
14
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-----
19 18
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0 --------
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a ------ -
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u ~ NASLAND ENGINEERING
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STATE OF CALIFORNIA)
) ss.
COUNTY OF SAN DIEGO)
On k-"Í¿).~_~jD, 2001, before me, LINDA A. WATTS, Notary
Public, personally appeared CHARLES D. TOURTELLOTE, 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 that by his
signature on the instrument the person, or the entity upon behalf
of which the person acted, executed the instrument.
(
~ - - -- - - - - - - - - J My
UNDA A. WAllS My
- Commission # 1171588 z
~ Noforypublic-Colifomio ~
~. .... Son Diego County ~
MyComm. Expires JonJJ,2002
. - .........-------
OPTIONAL
Though the information -below is not required by law, it may prove valuable to
persons relying on the document and could prevent fraudulent removal and
reattachment of this form to another document.
Tit~e Of Type of Do,c:um~nt: ~ ~~~ ~ .
~ ~. --f7Jv"" C If" -rv-~ Á2,. 71-fS'"" ~ ~~
Document Date: ~f'~ Number of paqes: /o.;::"1-f' &,-")(" ,4..Æ q~
Signer(s) Other Than Named Above:
Capacity (ies) C~aimed by Signer
Signer's Name:
Individua~
--- Corporate Officer - Tit~e:
--- Partner - --- Limited --- Genera~
--- Attorney in Fact
Trustee
--- Guardian or Conservator
Other:
. , ) -
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CITY COUNCIL AGENDA STATEMENT
Item No.: II
Meeting Date: 09/25/01
ITEM TITLE: Consideration of request for Designation of the Edmond Russ House as a
Historic Structure - 200 "K" Street.
Resolution of the City Council of the City of Chula Vista designating the
Edmond Russ House as a Historic Site and placing the Edmond Russ
House on the City of Chula Vista List of Historic Sites in accordance with
the Municipal Code Section 2.32.070(A).
SUBMITTED BY: Director of Planning and Building ~
REVIEWED BY: City Manag@ (4/5ths Vote: Yes_No~
Property owner, Glenda Devaney, has requested that the Edmond Russ House located at 200 "K"
Street (Attachment 1) be designated as a historical site (Attachment 2). The house is being used
as the primary residence of the current property owner. The Resource Conservation Commission
(RCC) considered the designation of the Edmond Russ House at their July 2, 2001 meeting and
recommends placement of the house on the City's List of Historic Sites (Attachment 3).
The Environmental Review Coordinator has determined that this project is exempt per the
California Environmental Quality Act (CEQA), Section 15331, Class 31, Historical Resources
Restoration and Rehabilitation.
RECOMMENDA nON
Staff recommends that the City Council find that the Edmond Russ House meets the local criteria
for designation of the site and therefore should designate the Edmond Russ House as Historic
Site #47 on the City of Chula Vista List of Historic Structures.
BOARDS AND COMMISSION RECOMMENDATION
The Resource Conservation Commission recommends to the City Council the following:
a) Designate the Edmond Russ House as Historic Site #47 on the City of Chula Vista List of
Historic Structures.
/1- I
Page 2, Item: 1\
Meeting Date: 09/25/01
DISCUSSION
Municipal Code Authority
In accordance with Section 2.32.070 of the City of Chula Vista Municipal Code, the RCC shall
recommend to the City Council the designation of any site, which it has found to meet the local
criteria as a historical site and that the commission shall also recommend if the Historical Site
Permit Process should be imposed on the site.
The Historical Site Permit Process has provisions to stay the issuance of permits for demolition
or modification in order for RCC to make a recommendation to the City Council about potential
actions that could be taken to preserve the site. The RCC selected not to recommend the
Historical Site Permit for this site.
The City has adopted six criteria that are used to determine if a particular property should be
included on the Historic Site List (see Attachment 4). A site must meet one of the six criteria.
Owner Participation
The Edmond Russ House was part of the 1985 City ofChula Vista Historic Resources Inventory,
however the site was not included on the original List of Historical Sites. In 1999, Ms. Devaney
requested that her home be included on the List of Historic Sites in conjunction with a request by
Historic Homeowners in the City that the City adopt an ordinance to facilitate the Mills Act.
During the time staff was researching how best to implement the Mills Act in the City, Ms.
Devaney put her request for designation on hold. Following City Council adoption of a Policy to
implement the Mills Act in Chula Vista, Ms. Devaney submitted a letter requesting that her
application for designation of the Edmond Russ House be revived.
A letter has been sent to the property owner, Ms. Devaney, notifYing her of the pending action
regarding the Edmond Russ House by the City Council.
Past History
The City of Chula Vista Historic Resources Inventory, prepared in 1985, states that the home
was built in 1928 for Edmond D. Russ, a major in the u.s. Army. Mr. Russ sold it in 1930 to
Earle P. Halliburton who rented the house out from 1932 to 1940. In 1935 the house was rented
to Charles and Hazel Butler. In 1935, Mr. Butler was the manager of the Chula Vista Citrus
Association and quite influential in the orchard industry. The house was then sold in 1940 to
Andrew H. Smith. There is very little information regarding the house after that time. The
Edmond Russ House was included in the May 12,2001 Chula Vista Historic Home Tour.
Architectural Features of the Site
According to "Chula Vista's Architectural Heritage" the house is a Spanish Revival Cottage.
According to A Field Guide To American Houses by Virginia and Lee Mc Alester, domestic
II
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Page 3, Item: II
Meeting Date: 09/25/01
buildings of Spanish influence built before 1920 were free adaptations of the Mission style. It
was not until the Panama California Exposition, held in San Diego in 1915, that the Spanish
Colonial Revival style became popular.
Common characteristics of Spanish Revival architecture were plastered exterior walls, low-
pitched, red-tiled roofs or flat roofs sometimes surrounded by tiled parapets. Carved
ornamentation surrounded openings, columns or doorways. Balconies were not uncommon with
wrought iron or wooden railings. The Edmund Ross house has a number of these architectural
features that include curved parapets, arched openings, carved ornamentation over windows, and
a red tile roof. The detached garage also retains the original design of curved parapets and a
wooden door.
The Chula Vista Heritage 1911-1986 notes that at least two prominent Spanish Colonial
revivalists, San Diego architects Richard S. Requa and Edgar V. Ullrich, designed buildings in
Chula Vista during the 1920's. It is however unknown if the Edmund Ross house was designed
by one of these architects.
Conclusion
In conclusion, the house is a good example of Spanish Revivalist architecture typical of the time
period it was built. The RCC is recommending that the City Council find that the Edmond Russ
House meets Local Criteria for Designation number 2 (relates to a historic personage who played
an important role historically, on a local basis), no. 4 (distinguishing architectural characteristics
that are identifiable), and no. 6 (continues to have evidence of the original features) and therefore
should designate the site as Historic Site #47. The RCC has further recommended that a Historic
House Permit not be issued for this site. Staff concurs with this recommendation.
FISCAL IMPACT
There is no fiscal impact to the City associated with including the Edmond Russ House on the
City's List of Historic Sites.
Attachments: 1. Letter from Property Owner
2. Locator Map
3. Resource Conservation Commission minutes/July 2. 2001 meeting
4. Local Historic Designation Criteria
5. Photos
J :IPlanninglMARIA IMISClcchistedmondruss I.doc
15 Nov 99
Resource Conservation Commission
I am writing to request that my house be designated a historic
property in the city of Chula Vista. The address of the house
is 200 K street, on the corner of Second and K Streets. The
house was constructed in 1926 in a Spanish style. It has curved
parapets and arches in the design with three round head windows
on each side of the porch with the center window larger than the
other two. The porch has an arch opening and a red tile shed
roof. The detached garage also retains the original design of
curved parapets and wood doors.
I believe the windows are especially important in this house.
It is rare to find a house with even one set of the design of
three curved windows, the center one larger than the ot~r two;
however, this house has two sets of these windows. The screens
on these windows are unique as well. The curved wood frame
opens out from the side.
There are two medallion designs above each set of curved windows
and the house number is in cast iron above the porch. There is
a circular drive and a curved sidewalk edged with bricks leading
from the street to the house. The landscaping is in a style
consistent with the Spanish design of the house; various cactus
plants, interspersed with related plants and the ground covered
in California gold rock. The house, mildly Mission Revival in
style, retains integrity of materials and design and reflects
the Spanish heritage of the area. In 1935 the house was owned
by Charles Butler, the manager of the Chula Vista Citrus
Association.
If you desire further information, please contact me during the
day at 532-2198. My home phone is 420-5612. Thank you for your
consideration.
Sincerely,
~HIEßilJIE~ ~~'- aIL- ~'v,-c.L1
GLENDA DEVANEY
Nay 1 7 1999
PLANNING
Attachment 1
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29 May 01
Resource Conservation Commission
I am writing to request that my house be designated a histor~c
property in the city of Chula Vista. The address of the house
is 200 K Street, on the corner of Second and K Streets. The
house was constructed in 1929 in a Spanish style. It has curved
parapets and arches in the design with three round head windows
on each side of the porch with the center window larger than the
other two. The porch has an arch opening and a red tile roof.
The detached garage also retains the original design of curved
parapets and wood doors.
I believe the windows are especially important in this house.
It is rare to find a house with even one set of the design of
three curved windows, the center one larger than the other two;
however, this house has two sets of these windows. The screens
on these windows are unique as well. The curved wocd frame
opens out from the side.
There are two medallion plaques above each set of curved windows
and the house number is in cast iron above the porch. There is
a circular drive and a curved sidewalk edged with bricks leading
from the street to the house. The landscaping is in a type
consistent with the Spanish design of the house; various cactus
plants interspersed with reJated plants and the ground covered
iL California goJd rock. The house, Mission Revival in style,
retains integrity of materials and design and reflects the
Spanish heritage of the area.
In 1935 the house was lived in by Charles Butler, the Manger of
the Chula Vista Citrus Association. My home was one of seven
featured on an historic homes tour in Chula Vista in May.
During this tour, I met two people who actually knew Mr. Butler.
Each of them stated that he was a very important person at that
time due to the significance of the orchard industry.
I have included newspaper articles and the program guide
concerning the recent home tour. All of these contain
informatioi< and pictures of the house. I have included a copy
of the Historic Resources Inventory information sheet from 1985.
The reference to Thomas Devaney on the form should be
disregarded - I am the sole owner of the home. This inventory
)/
----.-------
sheet was prepared prior to renovation and landscaping of ths
property.
If you require further information, please contact me at (work)
619-532-2198 or (home) 619-420-5612. Thank you for your
consideration.
Sincerely,
~1
- ,"\0,,£"- k \,JJv\~1
GLENDA DE VANEY
---____.0_____----"00'0__0.'_.__---
em
<;\\',~
C HULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR Ä~~CI~~~T Glenda de Vaney PROJECT DESCRIPTION:
C) PROJECT 200 'K' Street Proposed Historical Site Designation
ADDRESS: Edmond Russ
SCALE: I fILE NUMBER:
NORTH No Scale eruss
c:\cherryillocators\eruss.cdr 6.13.01 Attachment 2
II -7
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RCC Minutes - 3 - July 2, 2001
3. Designation of the Edmund Russ House (200 'K' Street) on the City of Chula
Vista List of Historic Sites
Ms. Muett (Associate Planner) reminded the Commission as to what their authority is
in accordance with Section 2.32.070 of the Chula Vista Municipal Code. The
decision as to whether a site should be included on the Historic Site List is made by
the City Council, if the RCC recommends in favor of the listing. Ms. Muett reviewed
the six criteria for listing. She then discussed the minimal past history that was
known regarding the Edmund Russ House and described the architectural features
and features of the site. It is staffs' opinion that there is not sufficient evidence that
Criteria Nos. 1, 2 or 3 related to local heritage, historic personage, site or event have
been met. But there may be sufficient evidence that Criteria Nos. 4 and 6 dealing
with architectural characteristics and site integrity have been met.
Ms. Glenda de Vaney (Owner, 200 'K'Street, Chula Vista, CA 91911) stated that
she was not able to come up with any further information on the house. She might
be able to get more information from the County of San Diego. Ms. Ponseggi stated
that, if the Commission does recommend designation, that is information that might
be good for Ms. de Vaney to get to be included in the staff report to City Council.
Commissioner T. Thomas agreed with the staff report about the house correlating
with Criteria Nos. 4 and 6. She was also inclined to think that No.2 applied with
some local historical value.
Commissioner Bensoussan would recommend designation for the architectural
features and its integrity. Chula Vista is dotted with a number of these wonderful little
Spanish revival houses, and it is important to encourage as many of them as
possible to remain evident of that date in Chula Vista's architectural heritage. She
definitely thought it qualified for the reasons sited by staff.
MSC (Bensoussan/Reid) to recommend designation of the house under
Criteria Nos. 4 and 6 and Criteria No.2 on a local level for the house and
the original garage. Vote: (5-0-0-1) with Bull absent.
Ms. Corinne McCall (642 Second Avenue, Chula Vista, CA 91910) stated that this
particular house was on the recent home tour. She wanted to comment on what a
fantastic response there had been from the tour goers to this home. It does reflect
Chula Vista's history.
4. Election of Officers
MSC (Reid/Diaz) to nominate Charles Bull as Chair. Vote: (5-0-0-1) with
Bull absent.
Attachment 3
II -B
-.---.--..- .... . ----,..",-
LOCAL CRITERIA:
Crilttù for City of Ch.u. V«b Hì<1oriot 51 " R~lr>tion:
1. - BEARs A RELATIONSHIP TO OVERALL HERITAGE ON A LOCAL,
STATE. OR NATIONAL BASIS. TIllS MISSION OF SAN DIEGO, FOR
EXAMPLE, IS LOCAL BUT IS ALSO PART OF A STATEWIDE SYSTEM
1RA T IS RECOGNIzED NA TI ON ALL Y-
2. . RELATES TO A HISTORIC PERSoNAGE WHO PLAYED AN
IMPORTANT ROLE illSTORlCALLY;ON A LOCAL, STATE, OR
NA 110NAL BASIS.. HOWEVER, THE INDIVIDUAL NEED NOT BE
KNOWN NATIONALLY, AS LONG AS IT WAS SOMEONE WHO MADE
A SIGNIFICANT CONTRIBUTION ON A LOCAL BASIS. IDEALLY,
TIllS INCLUDES A SITE WHERE THE INDIVIDUAL LIVED OR
WHERE A NOTEWORTHY HISTORICAL CON1RIBUTION OR
ACHElVEMENT TOOK PLACE.
3- MAYBE A SITE WHERE AN IMPORTANT EVENT TOOK PLACE.
TIIIs WOULD BE AN EVENT SYMBOLIC OF A PHASE OF HISTORY
THAT COULD REACH THE NATIONAL LEVEL. THE SITE OF THE
SIGNING OF A BJSTORIC DOCuMENT, FOR EXAMPLE, WILL
S A 11 SFY TIllS CRITER1 ON.
1- - THE SITE SHOULD HAVE DISTINGUISHING ARCHITECnJRAL
CHARACTERIsTICS THAT ARE IDENTlFIABLE. TIllS lNCLUDES
STR U CIlJREs OF A PARTICULAR AR CHlTE CTURAL STYLE
RECOGNIZABLE TODAY.
5- THE SITE MAY BE ARCHAEOLOGICALL Y SIGNIFICANT IN ITS
ASSOCIATION WIlli PRE-HISTORY OF THE AREA. A SITE
DEMONSTRATING EXISTENCE OF AN ANCIENT COMMUNITY
(INDIANS INDIGENOUS TO THE AREA, FOR EXAMPLE) COULD
SATISFY TIllS CRITERION.
Ie, - HAS INTEGRITY. TIllS IS WHERE THE SITE CONTINuEs TO HAVE
EVIDENCE OF THE ORIGINAL FE..<\TIJREs. ENOUGH OF THE
ORIGINAL STRUCTURE OR THE SITE IS INTACT TO BE
DISTINGUISHABLE AS HAVING HISTORICAL VALUE
Attachment 4
/1-9
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Edmond Russ House
,,~ . .
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Attachment 5
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Attachment 5
RESOLUTION NO. ~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DESIGNATING THE
EDMOND RUSS AS A HISTORIC SITE AND PLACING THE EDMOND RUSS HOUSE ON THE CITY
OF CHULA VISTA LIST OF HISTORIC SITES IN ACCORDANCE WITH THE MUNICIPAL CODE
SECTION 2.32.070 (A).
WHEREAS, the Edmond Russ House is a Spanish Revival Cottage located at 200 "K" Street in the
City ofChula Vista (APN 573-500-0100) constructed in 1929; and,
WHEREAS, staff received communication from the property owner, Glenda Devaney, requesting
that the Edmond Russ House be designated as a historical site on the City of Chula Vista List of Historic
Structures; and,
WHEREAS, the Resource Conservation Commission considered the designation of the Edmond Russ
House as a Historic Site at their July 2, 2001 meeting; and,
WHEREAS, State of California Historic Eligibility Criteria requires that a site be found significant at
a local, state or national level, under one or more of the criteria for designation; and
WHEREAS, the Resource Conservation Commission detennined that the Edmond Russ House meets
one local criteria for designation because it is shown that a historic personage played an important role
historically, on a local basis; and
WHEREAS, the Resource Conservation Commission detennined that the Edmond Russ House meets
one local criterion for designation because it has distinguishing architectural characteristics that are
identifiable; and,
WHEREAS, the Resource Conservation Commission further detennined that the Edmond Russ
House meets a local criterion for designation because it has historical integrity and continues to have evidence
of the original features; and,
WHEREAS, the Resource Conservation Commission at their regular meeting on July 2, 2001 voted
5-0-0-1 (Vice-Chair Bull absent) to recommend that the City Council place the Edmond Russ House on the
City ofChula Vista List of Historic Sites; and
WHEREAS, the Environmental Review Coordinator has detennined that this project is exempt per
the California Environmental Quality Act (CEQA), Section 15331, Class 31, Historical Resources
Restoration and Rehabilitation.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the designation
of the Edmond Russ House as a Historic Structure and detennines that it is hereby placed on City of Chula
Vista's List of Historic Sites.
Presented by: Approved as to fonD by:
~~~
Robert A. Leiter
Director of Planning & Building Ity Attorney
/!
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COli'lCIL AGENDA STATEMENT
Item I~
Meeting Date 9/25/01
ITEM TITLE: A. Resolution of the City Council of the City ofChula
Vista, California adopting a boundary map showing the boundaries ofthe
territory proposed for the inclusion in proposed Community Facilities
District No. 2001-1 (San Miguel Ranch) and the boundaries of the
Improvement Areas proposed to be designated therein.
B. Resolution of the City Council of the City of Chula
Vista, California declaring its intention to establish Community Facilities
District No. 2001-1 (San Miguel Ranch) and designate two Improvement
Areas therein and to authorize the levy ofa special tax therein to finance
the acquisition of certain facilities.
C. Resolution of the City Council of the City ofChula
Vista, California ordering and directing the preparation of a report for
proposed Community Facilities District No. 2001-1 (San Miguel Ranch)
D. Resolution of the City Council of the City ofChula
Vista, California, declaring its intention to issue bonds secured by special
taxes to pay for the acquisition of certain facilities in Community
Facilities District No. 2001-1 (San Miguel Ranch)
SUBMITTED BY: Director of Public works~l1J1 C lj
REVIEWED BY: City Manage¡p (4/5ths Vote: Yes~NoXJ
NNP- Trimark San Miguel Ranch, LLC has requested the City to initiate proceedings to form a Community
Facilities District No. 2001-1 for the acquisition or construction of public facilities serving their properties
within San Miguel Ranch. Tonight's action will provide the proposed rate and method of apportionment
for the district, establish a boundary map, describe the authorized improvements, direct the special tax
consultant to prepare the Special Tax Report and set the public hearing for this Community Facilities
District for November 6, 200].
RECOMMENDATION: That Council:
1) Approve the resolution adopting the boundary map forCFD No. 2001-1,
2) Approve the resolution declaring the intention to establish CFD No. 200 I-I and to
levy a specia] tax to tinance certain facilities,
3) Approve the resolution ordering and directing the preparation ofthe "Report" for
CFDNo. 2001-1.
4) Approve the resolution declaring intention of issuing bonds for tinancing the
acquisition of facilities in CFD No. 200 1-1.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
/2 /
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Page 2, Item~
Meeting Date 9/25/01
DISCUSSION:
NNP- Trimark San Miguel Ranch, LLC has fonnally petitioned the City to fonn Community Facilities
District No. 2001-1 (CFD No. 2001-1) pursuant to the Mello-Roos Act of 1982 for financing the
constlllction and/or acquisition of cel1ain public improvements serving San Miguel Ranch, as well as
selected interim transportation facilities within the greater eastern territories of Chula Vista. This
application was received and accepted by the City Council action on June 19, 2001.
Community Facilities Districts provide the necessary funding for the acquisition of public improvements
by levying an annual "special tax", which is co11ected from the property owners in conjunction with the
property taxes. There is no direct cost to the City. A11 expenses related to the district administration
(including levying and co11ecting the special taxes) are to be funded by the district. The ultimate security
for the bonds are the properties located within the district, not the City's General Fund or its ability to tax
property within its jurisdiction. This district wi11 be fonned in conformance with the "City ofChula Vista
statement of goals and policies regarding the establishment of Community Facilities Districts" (CFD
Policy).
District Boundaries
Exhibit 1 presents the boundaries of the proposed CFD that include a11 parcels located within San Miguel
Ranch owned by Trimark. The site can be genera11y located on the north is the existing, unincorporated
residential area of Sunnyside, and SDG&E's Miguel Substation and transmission line right-of-way. To the
west is the vacant County of San Diego Bonita Meadows site. In Chula Vista and to the south is the
existing Estancia single-family subdivision, the Mackenzie Creek neighborhood park, and thc Thurgood
Marshall Elementary School. To the east is the developing single-family neighborhoods within Rolling
Hills Ranch and the Otay Water DistriCt property, which has been developed as the "Auld Golf Course".
At buildout, the entire San Miguel Ranch wì1l contain within Improvement Area A - 603 Single Family
Dctached Residences, 458 Attached Residences, 9.87 commercial acres, 43 acres of Community Facilities,
and 13 acres for an Elementary School site. For Improvement Area B -- contains approximately 285
Single Family Estate Residences. In addition there is some 247 acres being dedicated for open space use
for the entire ranch. There is one large parcel that recently was fonned which wi11 be exempt due to the
future use as pat1 of the SR 125 extension. This parcel's westerly edge is the dividing line between the
two proposed Improvement Areas describe in detail below.
The Improvements
The special tax consultant has prepared a preliminary "2% maximum tax" analysis based on estimated
house sizes and prices (see Exhibit 2). The applicant is proposing to divide the CFD No. 200 I-I into two
Improvement Areas (A & B) described in detail later within the report. It is the intent ofthe applicant to
sell a series of distinct bonds based upon each individual Improvement Area units, revenue stream, and
facilities requirements. Each Improvement Area wi11 have its own RMA, special tax rate, unit mix, and
lien requirements.
The 2% tax analysis sets the amount of the maximum special tax that may be levied by each individual
series of bonds within CFD No. 2001-1. The proposed taxes for each Improvement Area arc discussed
below in the section "Proposed Special Taxes".
r
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Page 3, Item ~
Meeting Date 9/25/01
Additional calculations show that the maximum tax revenue (using the proposed taxes) ¡¡-om all the
properties within only Improvement Area A would support a total bond indebtedness of approximately
$14.1 million (assuming a 7.0% interest rate and a 30-year tenn on the bonds). A bond sale amount of
$14.1 million will finance approximately $11.2 million in facilities (i.e. grading, landscaping, streets,
utilities, drainage, sewer, etc).
The maximum tax revenue (using the proposed taxes) from all properties within only Improvement Area
B would support a total bond indebtedness of approximately $5.3 million (assuming a 7.0 % interest rate
and a 30 year term on the bonds). A bond sale amount of$5.3 will finance approximately $4.1 million in
facilities (similar to the Improvement Area A). The balance provided by each Improvement Area would
provide for a reserve fund, capitalized interest and pay district fonnation and bond issuance costs.
The developer is proposing the financing of backbone streets and associated improvements (i.e., grading,
sewer, streets, landscaping, utilities), and public facilities DIF improvements. Exhibit 3 shows a
preliminary list of facilities by Improvement Area, as well as the interim transportation facilities with a
total cost estimate of$19.4 million. Tonight, Council would only be approving the general nature of the
improvements to be financed by CFD No. 2001-1. As noted above, it is estimated that only $19.4 million
may be able for funding by this district. However, the district will be sized for $21 million to give the
City flexibility in sizing the bonds and to take advantage of lower interest rates should they occur. A
final priority list and cost estimates for each of the eligible improvements for CFD No. 2001-1 financing
by Improvement Area will be brought later to Council in conjunction with the Acquisition/Financing
Agreement and other bond documents.
Ultimately, as subdivision exactions, the developer will finance required improvements that this CFD
district cannot finance. In addition, the proposed CFD lies within the City ofChula Vista's Development
Impact Fee (DIF) benefit area that places a cap on the CPO's ability to finance certain improvements.
Staff and the consultant team are working with the developer to achieve a balance between DlF and non-
DIF improvements within the district.
There is a cap on the number of residential units that may be fully entitled prior to the providing certain
network wide transportation improvements to mitigate project level of service impacts. Based on the
City's thresholds for traffic level of service, San Miguel Ranch can construct up to 675 units until there is
a trafÌÌc study undertaken to evaluate the transpo11ation circulation system level of services within the
area. The developer has indicated that Improvement Area A will proceed first and, based on the
approved Tentative Map, contains some 1,061 both single family attached and detached units. The 675
unit threshold could be reached within a few years if there is no capacity adding transportation facilities
in eastem Chula Vista. The City ofChula Vista is actively pursuing the design and construction ofthese
area wide facilities.
The developer has recently indicated that therc will be a map revision request submitted to the City
related to Planning Area D - 109 Attached Units and Planning Area 1 - 107 Detached Units). This
request will be to change Planning Area D to a Detached project with 107 Units and a revision to
Planning Area I reducing the Units to 105. The Rate and Method of Apportionment (RMA) and the Bond
Authorization have been revised to reflect this potential land use revision. If during the City Council
review this map revision is denied then the RMA will be amended, the special tax rate, number of units
and exempt acreage adjusted. In addition, the City will not allow the bond capacity to exceed the special
tax rate revenues generated by the individual Improvement Areas A and B.
3
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Page 4, Item ~
Meeting Date 9/25/01
The actual amount to be financed by each of the Improvement Areas within CFD No. 2001-1 would
depend upon a number offactors including tìnal interest rate on the bonds and value to lien ratio and may
be higher or less than the potential bond costs mentioned above. Thus, staff recommends that tonight,
Council approve a District amount not to exceed a total 01'$19.4 million (Improvement Area A $14.1
million and Improvement Area B $5.3 million) which is specified in the "Resolution ofIntention to Issue
Bonds" that is before Council tonight. The developer concurs with staffs recommendation.
Proposed Special Taxes
Tonight, Council would be approving two "Rate and Method of Apportionment's" ("RMA") one for
each Improvement Area A and Improvement Area B that establishes the procedure for levying the
special taxes within each Improvement Area for CFD No. 2001-1. (Refer to Exhibit 4)
. Improvement Area A generally encompasses the land uses east of the proposed SR 125
alignment. '
. Improvement Area B is generally located at west of the proposed SR 125 alignment.
Residential Developed Parcels (single and multi family residences) are taxed based on the square
footage of the building. Developed parcels are those parcels for which a building petmit has been
issued. This tax rate has been determined by a preliminary "2% maximum tax" analysis. Said
analysis, which is based on estimated house sizes and prices, sets the amount of the maximum special
tax that may be levied by CFD 2001-1 on residential parcels. It should be noted that a final test
would be required at escrow closing using actual house sale prices. [fthe 2% limit is exceeded, the
developer is required to buy down the lien to an amount suÍÌÌcient to meet the 2% criteria.
The proposed Developed Propet1y Special Tax rates as follows:
Improvement Area A
Tax Rate Area Maximum Annual Tax Rate
Residential Property $475 per dwelling unit + $0.34 per
square foot of Residential Floor Area
Conunercial Property $5,091 per acre ofConunercial Property
For example, within Improvement Area A .. a typical 2,600 square foot detached residential unit would
have a special annual tax of approximately $1,359.
Improvement Area B
Tax Rate Area Proposed Tax Rate
Residential Property $475 per dwelling unit plus $0,32 per
square foot of Residential Floor Area
Commercial Property $2,263 per acre of Commercial Property
For example, within Improvement Area B -- a typical 3,350 square foot detached residential unit would
have a special annual tax of approximately $ I ,547.
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Page5,Item~
Meeting Date 9/25/01
The proposed Undeveloped Property is taxed based on the acreage ofthe parcel. The RMA proposes the
following tax rates:
Tax Rate Area Undeveloped Property Taxable Property Owner
Association Sites
Improvement Area A $10,376 per Acre $10,376 per Acre
Improvement Area B $4,578 per Acre $4,578 per acre
The Undeveloped Property rates within both Improvement Areas are less than the rates approved for
other similar CFDs fonned within Otay Ranch's Villages. This is based upon the land use mixes,
facilities needs, exempted acreage, and square footage cost. The developer considers these tax rates to be
reasonably supported by the proposed land use categories for San Miguel Ranch.
The Undeveloped Land category includes all the parcels for which a building permit has not been issued.
The tax on Undeveloped Land is based on the total acreage of the parcel (Refer to table above). During
buildout, the collection from developed properties is not enough to cover the annual debt service and the
undeveloped land taxes will cover the shortfall. The City Administrator will determine whether an
undeveloped land tax is needed to meet the annual debt service. Even if no development occurs and the
whole property remains undeveloped, the proposed tax will generate enough tax to cover the debt service
on the bonds.
The RMA detemlines that no special tax shall be levied on up to a net of approximately 122 acres within
lmprovement Area A and another 104 acres within Improvement Area B of Property Owner Association
Property and Public Property. These acreages include all the parcels to be conveyed to a Property Owner
Association or dedicated to the City. Any dedication of public property above the exempted acreage
stated above would require a discharge of debt such that no public lands would be taxed. On the other
hand, any Property Owner Association Property above the exempted acreage will be classified as Taxable
Property Owner Association Parcel at the rates 01'$10,376 per acre for Improvement Area A and $ 4,578
per acre for Improvement Area B. These categories were created to provide additional assurance to
prospective bond purchasers that the collectible tax will always cover the annual debt service.
Collection of Taxes
First, the maximum special taxes will first be levied on the Developed Property. Second, if this pool of
funds is not enough to meet the annual debt service, as may be the case in the early years of development,
the City Administrator will levy a tax on the Undeveloped Property. Again, if additional monies are
needed aller the first two steps have been completed, the special tax shall be levied proportionately on
each parcel from the Assigned Special Tax to the Maximum Annual Special Tax by the application ofthe
Backup Special Tax. If after these three steps are cxhausted and there is still a need for additional
monies, then the special tax shal1 be levied proportionately on each parcel for the Assigned Special Tax to
the Maximum Annual Special Tax. Aller buildout, if detennined by the City Administrator that the
annual tax need is less than the col1ectible tax from the Developed Parcels, the special taxes to be levied
in that specific year wil1 be reduced proportional1y.
Since this district is assessed based on the square footage of the home or commercial property the
bondholders require protection in the event that the developer builds less than projected. This district
uses a Backup Special Tax where when each Final Map is recorded within an Improvement Area the
Backup Special Tax wil1 be applied or modified based on the Developed Property or Commercial
Property. The Backup Special Tax formula includes the Backup Special Tax times the acreage (Final
I
"---'---'-'",,'----.,-------'--""'-
Page 6, Item' ;(
Meeting Date 9/25/01
Map), divided by the number of lots (Final Map). The Backup Special Tax for Improvement Area A is
$10,376 and Improvement Area B is $4,578.
The two proposed "Rate and Method of Apportionment" also include provisions for the prepayment
of the special taxes in the event the developer or a future property owner decides to do so.
Value to Lien Ratio Policy
Council policy requires a minimum 4: 1 value-to-lien ratio. A ratio ofless than 4: 1, but equal to or greater
than 3: 1, may be approved, in the sole discretion of Council, when it is detemlined that a ratio ofless than
4: 1 is financially prudent under the circumstances of a particular CFD. A final appraisal and lien ratio
analysis would be available for Council consideration prior to bond sale, which is planned for early in
2002. If the final analysis shows parcels which fail to meet the 4: 1 or 3: 1 ratio, the developer would
be required to either:
Provide cash or letters of credit to maintain the lien ratio within the City criteria; or,
The principal amount of the bonds to be issued for CFD No. 2001-1 will be reduced to
comply with City policy; or,
Provide sufficient information to convince Council that a lesser lier.. ratiú is prudent.
Maximum Tax Policy
Council Policy establishes that the maximum annual CFD special taxes applicable to any newly
developed residential property shall be no more than 1% of the sale price of the house. In addition, the
aggregate of all annual taxes and assessments is limited to 2% of the sale price of the house.
A preliminary calculation of the maximum tax, using estimated house prices, has been completed and
all homes fall within the 2% limit (see Exhibit 3). A final test will be performed at escrow closing
using the actual sale price of the house. Council Policy requires that at or prior to each closing of
escrow, the escrow company shall apply a "calculation formula" previously approved by the City
Engineer to detennine the aggregate of regular County taxes, Mello-Roos taxes, and assessment
installments. ¡fthe 2% limit were exceeded, the developer would be required to provide cash to buy
down the lien to an amount sufficient to meet the 2% tax ceiling. Compliance with this procedure
would cnsurc that the aggregate tax to be paid by the purchaser of the house meets the City's criteria,
since the 2% limit is a City policy the limit is not being included in the rate and method ofthe district.
Resolutions
There are four resolutions on today's agenda that, if adopted, will accomplish the following:
The RESOLUTION ADOPTING THE BOUNDARY MAP is the formal action adopting the map and
setting forth the boundaries of the proposed CFD 2001-1.
The RESOLUTION OF INTENTION is the jurisdictional resolution declaring the intention on the City
Council to establish the proposed CFD, designating two Improvement Areas and to authorize the levy of
a special tax, and set the time and place for the public hearing for November 6, 2001.
.- .--..---..___.__h_._.....--...-----...-------'
Page 7, Item~
Meeting Date 9/25/01
The RESOLUTION ORDERING THE "REPORT' is the formal action of the City Council directing the
preparation of a detailed report containing a description of the facilities and its estimated cost.
The RESOLUTION DECLARING INTENTION TO ISSUE BONDS is the formal declaration ofthe City
Council detennining that the public convenience and necessity requires that an bond indebtedness be
incurred to finance certain public facilities proposed by CFD No. 2001-1. The amount of the bond
indebtedness for Improvement Area A is $15 million and Improvement Area B $6 million, by approval of
this resolution is a maximum authorization. The actual amount of the bond sale wi]] depend upon a
number of factors including interest rate on the bonds and compliance with the value-to-lien ratio criteria.
Future Actions
Adoptions of tonight's resolutions wi]] set the district's public hearing for November 6,2001. There will
be an election following the public hearing for the landowners to vote on the district's fonnation. Once
the votes are cast, Council will be requested to certify the election and the district will be fonned.
Fiscal Impacts
None, the developer will pay all costs and has deposited money to fund initial consultant costs, and City
costs in accordance with the approved Reimbursement Agreement. The City will receive the benefit of
the full cost recovery for staff time involved in district fonnation and administration activities. Staff
anticipates that most of the CFD No. 200 I-I administration will be contracted out. The CFD
administration cost is estimated at $75,000 annually.
In accordance with the CFD Policy, as consideration for the City's agreement to use the City's bonding
capacity to provide the financing mechanism for the construction of the proposed improvements, the
developer will pay one percent (1 %) of the total bond authorization. Said requirement will be
memorialized in the Acquisition/Financing Agreement that will be brought to Council at a later date.
Based on a series of bond sales, in a total aggregate amount of $21 million (Improvement Area A $15
million and Improvement Area B $6 million), said monetary compensation would be $210,000. Said
amount sha]] be paid prior to bond sale (scheduled for spring 2002) and wi]] be deposited into the General
fund. The CfD Policy also stipulates that said compensation is not eligible for financing by CFD No.
2001-1.
Exhibits: 1- Boundary map - CFD No. 2001-1
2- 2% Maximum tax analysis
3- List offacihties -- fmprovement Areas A and B
4- Rate and Method of Apportionment -- Improvement Areas A and B
J\cnginecr\aGENDA\CAS Ie" 9-25-01 (Crty RcYlSed).doc
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EXHIBIT 2
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 2001-1
(SAN MIGUEL RANCH)
2% Maximum Tax Analysis
The developer is proposing the two distinct Improvement Areas for Community Facilities
District No, 2001-1, each will stand on its own merits related to the house units, square footages,
home prices, annual tax obligation, and annual tax percentages, Below is a summary of those
differences for these elements:
Improvement Area A:
Planning Land Use # Units or Ave, House Projected Total Annual Tax
Area Acres Square Feet Home Price Annual Tax Rate %
A SFA 129 1,050 $174,500 $3,293 1.89
B SFA 219 1,300 $200,000 $3,775 1.89
C SFA 110 1,556 $224,500 $4,252 1.89
D SFA 107 1,900 $263,000 $4,954 1.88
E SFD 143 2,250 $296,000 $5,622 1.89
F SFD 46 2,600 $345,000 $6,242 1.86
G SFD 71 2,600 $345,000 $6,242 1.86
H SFD 131 2,700 $353,000 $6,593 1.87
I SFD 105 3,113 $399,500 $7,439 1.86
----- COMM, 9,87 AC -------- ----- ----- ----
Improvement Area B:
Planning Land Use # Units or Ave, House Projected Total Annual Tax
Area Acres Square Feet Home Price Annual Tax Rate %
J SFD 139 3,350 $453,000 $8,340 1.84
K SFD 73 3,767 $520,667 $9446 1.81
L SFD 73 4,367 $579,667 $10,592 1.83
I~-Cj
-, - -, ----
EXHIBIT 3
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 2001-1
(SAN MIGUEL RANCH)
LIST OF PROPOSED FACILITIES
The developer is proposing the financing of backbone streets and associated improvements
(i.e., grading, sewer, streets, landscaping, utilities), public facilities DIF improvements, and
interim transportation facilities. Following is a general description of the proposed facilities:
. Mount Miguel Road East
. Proctor Valley Road East
. Calle La Marina
. Mount Miguel Road West
. Proctor Valley Road West
. Paseo Vera Cruz
. Calle La Quinta
. Those Facilities to be financed from the Proceeds of Public Facilities Development
Impact Fees payable as a condition of development of property within CFD No. 2001-1
In addition to the above improvements, this CFD's bonding capacity maybe used for certain
SR-125 interim transportation facilities within the greater eastern territories of Chula Vista.
These transportation facilities will be traffic capacity adding improvements and could include
the following projects:
. Interim SR - 125
. I-805/East "H" Street an additional on-ramp lane to I-80S
JlenginmlaGENDAICAS EXHIBIT 3 (Revi"d) . Li" of ""iI"'"doo
-
_. - -- ----..----.---.-.-.--..---
Ë )( \.Wo'("\- 4
RATE AND METHOD OF APPORTIONMENT FOR
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 2001-1,
IMPROVEMENT AREA A
(San Miguel Ranch)
A Special Tax as hereinafter defined shall be levied on all Assessor's Parcels of Taxable Property
within the City of Chula Vista Community Facilities District No. 2001-1 ("CFD No. 2001-1,
Improvement Area A") and collected each Fiscal Year commencing in Fiscal Year 2002-03, in
an amount determined by the City Council through the application of the appropriate Special Tax
for "Developed Property," and "Undeveloped Property," as described below. All of the real
property in CFD No. 2001-1, Improvement Area A, unless exempted by law or by the provisions
hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre or Acreage" means the land area of an Assessor's Parcel as shown on. 1'..1 L\5sessor's
Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area
shown on the applicable final map, parcel map, condominium plan, record of survey, or
other recorded document creating or describing the parcel. If the preceding maps are not
available, the Acreage shall bc detennined by the City Engineer.
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being
Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California.
"Administrative Expenses" means the following actual or reasonably estimated costs
directly related to the administration ofCFD No. 2001-1, Improvement Area A including,
but not limited to, the following: the costs of computing the Special Taxes and preparing
the annual Special Tax collection schedules (whether by the City or designee thereof or
both); the costs of collecting the Special Taxes (whether by the County, the City, or
otherwise); the costs of remitting the Special Taxes to the Trustee; the costs of the Trustee
(including its legal counsel) in the discharge of the duties required ofit under the Indenture;
the costs to the City, CFD No. 2001-1, Improvement Area A or any designee thereof of
complying with arbitrage rebate requirements; the costs to the City, CFD No. 2001-1,
Improvement Area A or any designee thereof of complying with City, CFD No. 2001-1,
Improvement Area A or obligated persons disclosure requirements associated with
applicable federal and state securities laws and of the Act; the costs associated with
preparing Special Tax disclosure statements and responding to public inquiries regarding
the Special Taxes; the costs of the City, CFD No. 2001-1, Improvement Area A or any
designee thereof related to an appeal of the Special Tax; and the costs associated with the
release of funds from an eserow account, if any. Administrative Expenses shall also
include amounts estimated or advanced by the City or CFD No. 2001-1, Improvement Area
A for any other administrative purposes of CFD No. 2001-1, Improvement Area A,
City of Chula Vista September 6, 2001
Community Facilities District No, 2001-/ )2 -I i
San Miguel Ranch ,-Improvement Area II Page 1
,,---------,- --- ",,---------,,- ..-
including attorney's fees and other costs related to commencing and pursuing to
completion any foreclosure of delinquent Special Taxes.
"Assessor's Parcel" means a lot or parcel shown on an Assessor's Parcel Map with an
assigned Assessor's Parcel number.
"Assessor's Parcel Map" mcans an official map of the County Assessor of the County
designating parcels by Assessor's Parcel number.
"Assigned Special Tax" means the Special Tax for each Land Use Category of Developed
Property as determined in accordance with Section c.I.a.
"Available Funds" means the balance in the reserve fund established pursuant to the terms
of the Indenture in excess of the reserve requirement as defined in such Indenture,
delinquent special tax payments, the Special Tax prepayments collected to pay interest on
Bonds, and other sources of funds available as a credit to the Special Tax Requirement as
specified in such Indenture.
"Backup Special Tax" means the Special Tax amount set forth in Section c.l.b. below.
"Bonds" means any bonds or other debt (as defined in the Act), whether in one or more
series, issued by CFD No. 2001-1, Improvement Area A under the Act.
"CFD Administrator" means an official of the City, or designee thereof, responsible for
determining the Special Tax Requirement and providing for the levy and collection of the
Special Taxes.
"CFD No. 2001-1, Improvement Area A" means City of Chula Vista, Community
Facilities District No. 2001-1, Improvement Area A (San Miguel Ranch).
"City" means the City ofChula Vista.
"Commercial Property" means all Assessor's Parcels of Developed Property for which a
building permit has been issued for purposes of constructing one or more non-residential
structures, excluding Community Purpose Facility Property.
"Community Purpose Facility Property" means all Assessor's Parcels which are
classified as community pùrpose facilities and meet the requirements of City of Chula Vista
Ordinance No. 2452.
"Council" means the City Council of the City, acting as the legislative body of CFD No.
2001-1, Improvement Area A.
"County" means the County of San Diego.
City ofChula Vista September 6, 200i
Community Facilities District No. 2001-1 12- ~/2
San Miguel Ranch -improvement Area A Page 2
.......-..-.,-----.....- ...-....-..-------
"Developed Property" means, for each Fiscal Year, all Taxable Property for which a
building pern1it for new construction was issued prior to March 1 of the prior Fiscal Year.
"Final Map" means a subdivision of property created by recordation ofa final map, parcel
map, or lot line adjustment, approved by the City pursuant to the Subdivision Map Act
(California Government Code Section 66410 et seq.) or recordation ofa condominium plan
pursuant to California Civil Code 1352 that creates individual lots for which residential
building permits may be issued without further subdivision of such property.
"Fiscal Year" means the period starting July 1 and ending on the following June 30.
"Indenture" means the indenture, fiscal agent agreement, trust agreement, resolution or
other instrument pursuant to which Bonds are issued, as modified, amended and/or
supplemented from timc to time, and any instrument replacing or supplementing the same.
"Land Use Class" means any of the classes listed in Tables 1 and 2 of Section C.
"Lot(s)" means an individual legal lot created by a Final Map for which a building permit
for residential constmction has been or could be issued.
"Master Developer" means the owner of the predominant amount of Undeveloped
Property in CFD No. 2001-1, Improvement Area A.
"Maximum Annual Special Tax" means the maximum annual Special Tax, determined in
accordance with thc provisions of Section C below, that may be levied in any Fiscal Year
on any Assessor's Parcel of Taxable Property.
"Occupied Residential Property" means all Assessor's Parcels of Residential Property
which have closed escrow to an cnd user.
"Outstanding Bouds" means all Bonds which remain outstanding.
"Property Owner Association Property" means any property within the boundaries of
CFD No. 2001-1, Improvement Area A owned by or dedicated to a property owner
association, inc1uding any master or sub-association.
"Proportionately" means for Developed Property that the ratio of the actual Special Tax
levy to the Assigned Special Tax or Backup Special Tax is equal for all Assessor's Parcels
of Developed Property within CFD No. 2001-1, Improvement Area A. For Undeveloped
Property "PropOliionately" means that the ratio of the actual Special Tax levy per Acre to
the Maximum Annual Special Tax per Aere is equal for all Assessor's Parcels of
Undeveloped Property within CFD No. 2001-1, Improvement Area A.
"Public Property" means any property within the boundaries of CFD No. 2001-1,
Improvement Arca A that is used for rights-of-way or any other purpose and is owned by
City ofChula Vista September 6, 2001
Community Facilities District No 2001-1
San Miguel Raneh -Improvement Area A Page 3
,--_... .----.-....-- --.
or dedicated to the federal govemment, the State of California, the County, the City or any
other public agency.
"Residential Property" means all Assessor's Parcels of Developed Property for which a
building pennit has been issued for purposes of constructing one or more residential
dwelling units.
"Residential Floor Area" means all of the square footage of living area within the
perimeter of a residential structure, not including any carport, walkway, garage, overhang,
patio, enclosed patio, or similar area. The determination of Residential Floor Area shall be
made by reference to appropriate records kept by the City's Building Department.
Residential Floor Area will be based on the building permit(s) issued for each dwelling unit
prior to it being classified as Occupied Residential Property, and shall not change as a
result of additions or modifications made after such classification as Occupied Residential
Property.
"Special Tax" means the annual special tax to be levied in each Fiscal Year on each
Assessor's Parcel of Taxable Property to fund the Special Tax Requirement
"Special Tax Requirement" means that amount required in any Fiscal Year for CFD No.
2001-1, Improvement Area A to: (i) pay annual debt service on all Outstanding Bonds as
defined in Section A.; (ii) pay periodic costs on the Bonds, including but not limited to,
credit enhancement and rcbate payments on the Bonds; (iii) pay Administrative Expenses;
(iv) pay any amounts required to establish or replenish any reserve funds for all
Outstanding Bonds in accordance with the Indenture; (v) and pay directly for acquisition
and/or construction of public improvements which are authorized to be financed by CFD
No. 2001-1, Improvement Area A; (vi) less a credit for Available Funds.
"State" means the State ofCalifomia.
"Taxable Property" means all of the Assessor's Parcels within the boundaries ofCFD No.
2001-1, Improvement Area A which are not exempt ftom the Special Tax pursuant to law
or Section E below.
"Trustee" means the trustee, fiscal agent, or paying agent under the Indenture.
"Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified
as Developed Property.
City of Chula Vista September 6,2001
Community Facilities District No. 2001-1 /2--
San Miguel Ranch - Improvement .4 rea A Page 4
- - -- -.- ----------..----. -
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, all Taxable Property within CFD No. 2001-1, Improvement Area A shall
be classified as Developed Property or Undeveloped Property and shall be subject to the
levy of annual Special Taxes determined pursuant to Sections C and D below.
Furthermore, Developed Property shall be classified as Residential Property or Commercial
Property.
C. MAXIMUM ANNUAL SPECIAL TAX RATE
1. Developed Property
The Maximum Annual Special Tax for each Assessor's Parcel of Residential
Property or Commercial Property that is classified as Developed Property shall be
the greater of (1) the Assigned Special Tax described in Table 1 below or (2) the
amount derived by application of the Backup Special Tax.
a. Assigned Special Tax
The Assigned Special Tax for each Assessor's Parcel of Developed Property is
shown in Table 1.
TABLE 1
Assigned Special Tax for Developed Property
Land Use
Class Description Assigned Special Tax
Residential Property $475.00 per unit plus $0.34 per
1 square foot of Residential Floor
Area
2 Commercial Property $5,091 per Acre of Commercial
Property
b. Backup Special Tax
When a Final Map is recorded within Improvement Area A, the Backup Special Tax
for Assessor's Parcels of Developed Property classified as Residential Property or
Commercial Property shall be determined as follows:
For each Assessor's Parcel of Developed Property classified as Residential Property
or for each Assessor's Parcel of Undeveloped Property to be classified as Residential
Property within the Final Map area, the Backup Special Tax shall be the rate per Lot
calculated according to the following formula:
City of Chula Vista September 6.2001
Community Facilities District No. ](}(}I.I
San Miguel Ranch ..Improvement Area A Page 5
$10,376 x A
B= ___hh_hhhh__h___-
L
The terms above have the following meanings:
B= Backup Special Tax per Lot in each Fiscal Year.
A= Acreage classified or to be classified as Residential Property in
such Final Map.
L= Lots in the Final Map which are classified or to be classified as
Residential Property.
For each Assessor's Parcel of Developed Property classified as Commercial Property
or for each Assessor's Parcel of Undeveloped Property to be classified as
Commercial Property within the Final Map area, the Backup Special Tax shall be
determined by multiplying $10,376 by the total Acreage of the Commercial Property
and Undeveloped Property to be classified as Commercial Property within the Final
Map area.
Notwithstanding the foregoing, if Assessor's Parcels of Residential Property,
Commercial Propeliy or Undeveloped Property for which the Backup Special Tax
has been determined are subsequently changed or modified by recordation of a new
or amended Final Map, then the Backup Special Tax applicable to such Assessor's
Parcels shall be recalculated to equal the amount of Backup Special Tax that would
have been generated if such change did not take place.
2. Undeveloped Property
The Maximum Annual Special Tax for each Assessor's Parcel classified as
Undeveloped Prope11y shan be the amount shown in Table 2 below:
TABLE 2
Description Maximum Annual Special Tax
Undeveloped Property $10,376 per Acre
City ofChula Vista September 6,2001
Community Facilities District No. 200 I - I
San Miguel Ranch -. Improvement Area A Page 6
_. -----------_.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2002-03 and for each following Fiscal Year, the Council
shall detern1ine the Special Tax Requirement and shall levy the Special Tax until the
amount of Special Taxes equals the Special Tax Requirement. The Special Tax shall be
levied each Fiscal Year as follows:
First: The Special Tax shall be levied on each Assessor's Parcel of Developed Property at a
rate up to 100% of the applicable Assigned Special Tax to satisfy the Special Tax
Requirement.
Second: If additional monies are needed to satisfy the Special Tax Requirement after the
first step has been completed, the Special Tax shall be levied Proportionately on each
Assessor's Parcel of Undeveloped Property, excluding any Assessor's Parcels classified as
Undeveloped Property pursuant to Section E, at up to 100% of the Maximum Annual
Special Tax for Undeveloped Property.
Third: If additional monies are needed to satisfy the Special Tax Requirement after the
first two steps have been completed, the Special Tax to be levied on each Assessor's
Parcel whose Maximum Annual Special Tax is derived by the application of the Backup
Special Tax shall be increased Proportionately from the Assigned Special Tax up to the
Maximum Annual Special Tax for each such Assessor's Parcel.
Fourth: If additional monies are needed to satisfy the Special Tax Requirement after the
first three steps have been completed, then the Special Tax shall be levied Proportionately
on each Assessor's Parccl classified as Undeveloped Property pursuant to Section E at up
to 100% of the Maximum Annual Special Tax for Undeveloped Property.
Notwithstanding the above, under no circumstances will the Special Tax levied against any
Assessor's Parcel of Occupied Residential Property be increased by more than ten percent
per year as a consequence of delinquency or default in the payment of Special Taxes by the
owner of any other Assessor's Parcel ofCFD No. 2001-1, Improvement Area A.
E. EXEMPTIONS
The CFD Administrator shall classify as exempt property (i) Assessor's Parcels defined as
Public Property, (ii) Assessor's Parcels defined as Property Owner Association Property,
(iii) Assessor's Parcels which are used as places of worship and are exempt ftom ad
valorem property taxes because they are owned by a religious organization, (iv) Assessor's
Parcels defined as Community Purpose Facility Property or (v) Assessor's Parcels with
public or utility easements making impractical their utilization for other than the purposes
set forth in the easement, provided that no such classification would reduce the sum of all
City of Chula Vista September 6,2001
Community Facilities District No- ]001-1 /2 7
San Miguel Ranch -Improvement Ilrea A Page 7
-.--. -----,. ------
Taxable Property to less than 121.93 Acres. Notwithstanding the above, the CFD
Administrator shall not classify an Assessor's Parcel as exempt property if such
classification would reduce the sum of all Taxable Property to less than 121.93 Acres.
Assessor's Parcels which cannot be classified as exempt property because such
classification would reduce the Acreage of all Taxable Property to less than 121.93 Acres
will be classified as Undeveloped Property and shall be taxed as a part of the fourth step in
Section D.
Tax-exempt status will be assigned by the CFD Administrator in the chronological order in
which property becomes exempt property. The Maximum Annual Special Tax obligation
for any Public Property which Calmot be classified as exempt property as described in the
first paragraph of Section E shall be prepaid in full by the seller pursuant to Section H.l,
prior to the transfer/dedication of such property. Until the Maximum Annual Special Tax
obligation for any SL1Ch Public Property is prepaid, the property shall continue to be subject
to the levy of the Special Tax as Undeveloped Property pursuant to the fourth step in
Section D.
F. REVIEW/APPEAL COMMITTEE
The Council shall establish as part of the proceedings and administration ofCFD No. 2001-
1, Improvement Area A a special three-member Review/Appeal Committee. Any
landowner or rcsident who feels that the amount of the Special Tax levied on their
Assessor's Parcel is in error may file a written notice with the Review/Appeal Committee
appealing the amount of the Special Tax levied on such Assessor's Parcel. The
Review/Appeal Committee may establish such procedures as it deems necessary to
undertake the review of any such appeal. The Review/Appeal Committee shall interpret
this Rate and Method of Apportionment and make determinations relative to the annual
administration of the Special Tax and any landowner or resident appeals, as herein
specified. The decision of the Review/Appeal Committee shall be final and binding as to
all persons.
G. MANNER OF COLLECTION
The annual Special Tax shall be collecled in the same manner and at the same time as
ordinary ad valorem property taxes; provided, however, that CFD No. 2001-1,
Improvement Area A may directly bill the Special Tax, may collect Special Taxes at a
different timc or in a different manner if necessary to meet its financial obligations, and
may covenant to foreclose and may actually foreclose on Assessor's Parcels which are
delinquent in the payment of Special Taxes.
Tenders of Bonds may be accepted for payment of Special Taxes upon the terms and
conditions established by the Council pursuant to the Act. However, the use of Bond
tenders shall only be allowed on a case-by-case basis as specifically approved by the
Council.
City ofChula Vista September 6.2001
Community Facilities Dis/riel No. 2001-1 -IB
San Miguel Ranch -Improvement Area A Page 8
..---.--.-- ...
H. PREPAYMENT OF SPECIAL TAX
The following definition applies to this Section H:
"Outstanding Bonds" means all previously issued Bonds which will remain outstanding
after the first interest and/or principal payment date following the current Fiscal Year,
excluding Bonds to be redeemed at a later date with the proceeds of prior prepayments of
Maximum Annual Special Taxes,
1. Prepayment in Full
The Maximum Annual Special Tax obligation may only be prepaid and permanently
satisfied by an Assessor's Parcel of Developed Property, Undeveloped Property for which a
building permit has been issued, or Public Property. The Maximum Annual Special Tax
obligation applicablc to such Assessor's Parcel may be fully prepaid and the obligation of
the Assessor's Parcel to pay the Special Tax permanently satisfied as described herein;
provided that a prepayment may be made only if there are no delinquent Special Taxes with
respect to such Assessor's Parcel at the time of prepayment. An owner of an Assessor's
Parcel intending to prepay the Maximum Annual Special Tax obligation shall provide the
CFD Administrator with written notice of intent to prepay, Within 30 days of receipt of
such written notice, the CFD Administrator shall notifY such owner of the prepayment
amount of such Assessor's Parcel. The CFD Administrator may charge a reasonable fee for
providing this figure.
The Prepayment Amount (defined helow) shall be calculated as summarized below
(capitalized tenns as defined below):
Bond Redemption Amount
plus Redemption Premium
plus Defeasance Amount
plus Administrative Fees and Expenses
less Reserve Fund Credit
less Capitalized Interest Credit
Total: equals Prepayment Amount
As of the proposed date of prepayment, the Prepayment Amount (defined below) shall be
calculated as follows:
Paragraph No,:
1. For Assessor's Parcels of Developed Property, compute the Maximum Annual
Special Tax for the Assessor's Parcel to be prepaid. For Assessor's Parcels of
Undeveloped Property to be prepaid, compute the Maximum Annual Special Tax for
that Assessor's Parcel as though it was already designated as Developed Property,
City ofChula Vista September 6,2001
Community Facilities District No, 2001-1 /Z /e:;
San Miguel Ranch - Improvement Area A Page 9
. ,
-,,- -----.- -----'- .----.---
based upon the building permit which has already been issued for that Assessor's
Parcel. For Assessor's Parcels of Public Property to be prepaid, compute the
Maximum Annual Special Tax for that Assessor's Parcel using the Maximum Annual
Special Tax for Undeveloped Property.
2. Divide the Maximum Annual Special Tax computed pursuant to paragraph 1 by the
sum of the total expected Maximum Annual Special Tax revenues excluding any
Assessor's Parcels which have been prepaid.
3. Multiply the quotient computed pursuant to paragraph 2 by the Outstanding Bonds to
compute the amount of Outstanding Bonds to be retired and prepaid (the "Bond
Redemption Amount")-
4. Multiply the Bond Redemption Amount computed pursuant to paragraph 3 by the
applicable redemption premium, if any, on the Outstanding Bonds to be redeemed
(the "Redemption Premium").
5. Compute the amount needed to pay interest on the Bond Redemption Amount ftom
the first bond interest and/or principal payment date following the current Fiscal Year
until the earliest redemption date for the Outstanding Bonds.
6. Confirm that no Special Tax delinquencies apply to such Assessor's Parcel.
7. Determine the Special Taxes levied on the Assessor's Parcel in the current Fiscal
Year which have not yet been paid.
8. Compute the amOlmt thc CFD Administrator reasonably expects to derive ftom the
reinvestment of the Prepayment Amount less the Administrative Fees and Expenses
from the date of prepayment unti1 the redemption date for the Outstanding Bonds to
be redeemed with the prcpayment.
9. Add the amounts computed pursuant to paragraphs 5 and 7 and subtract the amount
computed pursuant to paragraph 8 (the "Defeasance Amount").
10. Verify the administrative fees and expenses of CFD No. 2001-1, Improvement Area
A, including the costs of computation of the prepayment, the costs to invest the
prepayment proceeds, the costs of redeeming Bonds, and the costs of recording any
notices to evidence the prepayment and the redemption (the "Administrative Fees and
Expenses").
11. The reserve fund credit (the "Reserve Fund Credit") shall equal the lesser of: (a) the
expccted reduction in the reserve requirement (as defined in the Indenture), if any,
associated with the redemption of Outstanding Bonds as a result of the prepayment,
or (b) the amount derived by subtracting the new reserve requirement (as defined in
the Indenture) in effect after the redemption of Outstanding Bonds as a result of the
City of Chu/a Vista September 6,2001
Community Facilities Distr,ct Na- 2IJIJI-I i 2.0
Son Miguel Ranch - Improvement Area A Page 10
---..--.. m- .. - - -.....-.--.-----
prepayment fì'om the balance in the reserve fund on the prepayment date, but in no
event shall such amount be less than zero.
12. If any capitalized interest for the Outstanding Bonds will not have been expended at
the time of the first interest and/or principal payment following the current Fiscal
Year, a capitalized interest credit shall be calculated by multiplying the quotient
computed pursuant to paragraph 2 by the expected balance in the capitalized interest
fund after such first interest and/or principal payment (the "Capitalized Interest
Credit").
13. The Maximum Annual Special Tax prepayment is equal to the sum of the amounts
computed pursuant to paragraphs 3, 4, 9, and 10, less the amounts computed pursuant
to paragraphs II and 12 (the "Prepayment Amount").
14. From the Prepayment Amount, the amounts computed pursuant to paragraphs 3, 4, 9,
11, and 12 shall be deposited into the appropriate fund as established under the
Indenture and be used to retire Outstanding Bonds or make debt service payments.
The amount computcd pursuant to paragraph 10 shall be retained by CFD No. 2001-
1, Improvement Area A.
The Prepayment Amount may be insufficient to redeem other than a $5,000 increment of
Bonds. In such cases, the increment above $5,000 or integral multiple thereof will be
retained in the appropriate fund established under the Indenture to be used with the next
prepayment of bonds or to make debt service payments.
As a result of the payment of the cunent Fiscal Year's Special Tax levy as determined
under paragraph 7 above, the CFD Administrator shall remove the current Fiscal Year's
Special Tax levy for such Assessor's Parcel ftom the County tax rolls. With respect to any
Assessor's Parcel that is prepaid, the Board shall cause a suitable notice to be recorded in
compliance with the Act, to indicate the prepayment of Special Taxes and the release of the
Special Tax lien on such Assessor's Parcel, and the obligation of such Assessor's Parcel to
pay the Special Tax shall cease.
Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the
amount of Maximum Annual Special Taxes that may be levied on Taxable Property within
CFD No. 2001-1, Improvcmcnt Area A both prior to and after the proposed prepayment is
at least 1.1 times the maximum annual debt service on all Outstanding Bonds.
Tenders of Bonds in prepaymcnt of Maximum Annual Special Taxes may be accepted
upon the tenTIS and conditions estahlished by the Council pursuant to the Act. However,
the use of Bond tenders shall only be allowed on a case-by-case basis as specifically
approved by the Council.
City ofChula Vista September 6, 2001
Community Facilities District No. 2IJIJ I, I 12- I
San Miguel Ranch Improvement Area A Page 11
'"'-~-"' '---'-""'-'-'-'
2. Prepayment in Part
The Maximum Annual Special Tax on an Assessor's Parcel of Developed Property or an
Assessor's Parcel of Undeveloped Property for which a building permit has been issued
may be partially prepaid. The amount of the prepayment shall be calculated as in Section
H.l; except that a partial prepayment shall be calculated according to the following
formula:
PP = (PE X F) + A
These terms have the following mcaning:
PP = the partial prepayment
PE = the Prepayment Amount calculated according to Section H.l, minus Administrative
Expenses and Fees pursuant to Step 10.
F = the percent by which the owner oCthe Assessor's Parcel(s) is partially prepaying the
Maximum Annual Special Tax.
A= the Administrative Expenses and Fees pursuant to Step 10.
The owner of an Assessor's Parcel who desires to partially prepay the Maximum Annual
Special Tax shall notify the CFD Administrator of (i) such owner's intent to partially
prepay the Maximum Annual Special Tax, (ii) the percentage by which the Maximum
Annual Special Tax shall be prepaid, and (iii) the company or agency that will be acting as
the escrow agent, if applicable. The CFD Administrator shall provide the owner with a
statement of the amount required for the partial prepayment of the Maximum Annual
Special Tax for an Assessor's Parcel within 30 days of the request and may charge a
reasonable fee for providing this service.
With respect to any Assessor's Parcel that is partially prepaid, the City shall (i) distribute
the funds remitted to it according to Paragraph 14 of Section H.l, and (ii) indicate in the
records of CFD No. 2001-1, Improvement Area A that there has been a partial prepayment
of the Maximum Annual Special Tax and that a portion of the Maximum Annual Special
Tax equa1 to the outstanding percentage (1.00 - F) of the remaining Maximum Annual
Special Tax shall continue to be authorized to be levied on such Assessor's Parcel pursuant
to Section D.
I. TERM OF MAXIMUM ANNUAL SPECIAL TAX
The Maximum Annual Special Tax shall be levied commencing in Fiscal Year 2002-03 to
the extent necessary to fully satisfy the Special Tax Requirement for a period no longer
than 2037-38.
J :\EngineerIAGENDA \SanM ig"cl-RM ^ - R" ]sed¡leinc
City ofChula Vista September 6, 2001
Community Facilities District No ](Hi/-I
San Miguel Ranch - Improvement Area A Page 12
---.-------- - . 'd'<- .----,.--.---'--"----'
RATE AND METHOD OF APPORTIONMENT FOR
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 2001-1,
IMPROVEMENT AREA B
(San Miguel Ranch)
A Special Tax as hereinafter defined shall be levied on all Assessor's Parcels of Taxable Property
within the City of Chula Vista Community Facilities District No. 2001-1 ("CFD No. 2001-1,
Improvement Area B") and collected each Fiscal Year commencing in Fiscal Year 2002-03, in
an amount determined by the City Council through the application of the appropriate Special Tax
for "Developed Property," and "Undeveloped Property as described below. All of the real
property in CFD No. 2001-1, Improvement Area B, unless exempted by law or by the provisions
hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre or Acreage" means the land area of an Assessor's Parcel as shown or. ffiJ Assessor's
Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area
shown on the applicable final map, parcel map, condominium plan, record of survey, or
other recorded document creating or describing the parcel. If the preceding maps are not
available, the Acreage shall be determined by the City Engineer.
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being
Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California.
"Administrative Expenses" means the following actual or reasonably estimated costs
directly related to the administration of CFD No. 2001-1, Improvement Area B including,
but not limited to, the following: the costs of computing the Special Taxes and preparing
the annual Special Tax collection schedules (whether by the City or designee thereof or
both); the costs of collecting the Special Taxes (whether by the County, the City, or
otherwise); the costs ofremitting the Special Taxes to the Trustee; the costs of the Trustee
(including its legal counsel) in the discharge of the duties required of it under the Indenture;
the costs to the City, CFD No. 2001-1, Improvement Area B or any designee thereof of
complying with arbitrage rebate requirements; the costs to the City, CFD No. 2001-1,
Improvement Area B or any designee thereof of complying with City, CFD No. 2001-1,
Improvement Area B or obligated persons disclosure requirements associated with
applicable federal and state securities laws and of the Act; the costs associated with
preparing Special Tax disclosure statements and responding to public inquiries regarding
the Special Taxes; the costs of the City, CFD No. 2001-1, Improvement Area B or any
designee thereof related to an appeal of the Special Tax; and the costs associated with the
release of funds from an escrow account, if any. Administrative Expenses shall also
include amounts estimated or advanced by the City or CFD No. 2001-1, Improvement Area
B for any other administrative purposes of CFD No. 2001-1, Improvement Area B,
City ofChula Vista September 6.2001
Community Facilities District No, 2001-1 12 .2?
San Miguel Ranch -- Improvement Area B ,,~) Page I
,-,---,.__.,..,._-_.... --,-.-----
including attorney's fees and other costs related to commencing and pursuing to
completion any foreclosure of delinquent Special Taxes.
"Assessor's Parcel" means a lot or parcel shown on an Assessor's Parcel Map with an
assigned Assessor's Parcel number.
"Assessor's Parcel Map" means an official map of the County Assessor of the County
designating parcels by Assessor's Parcel number.
"Assigned Special Tax" means the Special Tax for each Land Use Category of Developed
Property as determined in accordance with Section C.I.a.
"Available Funds" means the balance in the reserve fund established pursuant to the terms
of the Indenture in excess of the reserve requirement as defined in such Indenture,
delinquent special tax payments, , the Special Tax prepayments collected to pay interest on
Bonds, and other sources of funds available as a credit to the Special Tax Requirement as
specified in such Indenture.
"Backup Special Tax" means the Special Tax amount set forth in Section C.1.b. below.
"Bonds" means any bonds or other debt (as defined in the Act), whether in one or more
series, issued by CFD No. 2001-1, Improvement Area B under the Act.
"CFD Administrator" means an official of the City, or designee thereof, responsible for
determining the Special Tax Requirement and providing for the levy and collection of the
Special Taxes.
"CFD No. 2001-1, Improvement Area B" means City of Chula Vista, Community
Facilities District No. 2001-1, Improvement Area B (San Miguel Ranch).
"City" means the City of Chula Vista.
"Commercial Property" means all Assessor's Parcels of Developed Property for which a
building permit has been issued for purposes of constructing one or more non-residential
structures, excluding Community Purpose Facility Property.
"Community Purpose Facility Property" means all Assessor's Parcels which are
classified as community purpose facilities and meet the requirements of City of Chula Vista
Ordinance No. 2452.
"Council" means the City Council of the City, acting as the legislative body of CFD No.
2001-1, Improvement Area B.
"County" means the County of San Diego.
September 6, 2001
/2 Pa e2
...---.. ...........--
"Developed Property" means, for each Fiscal Year, all Taxable Property for which a
building permit for new construction was issued prior to March I of the prior Fiscal Year.
"Final Map" means a subdivision of property created by recordation of a final map, parcel
map, or lot line adjustment, approved by the City pursuant to the Subdivision Map Act
(California Government Code Section 66410 et seq.) or recordation of a condominium plan
pursuant to California Civil Code 1352 that creates individual lots for which residential
building permits may be issued without further subdivision of such property.
"Fiscal Year" means the period starting July 1 and ending on the following June 30.
"Indenture" means the indenture, fiscal agent agreement, trust agreement, resolution or
other instrument pursuant to which Bonds are issued, as modified, amended and/or
supplemented ftom time to time, and any instrument replacing or supplementing the same.
"Land Use Class" means any of the classes listed in Tables 1 and 2 of Section C.
"Lot(s)" means an individual legal lot created by a Final Map for which a building permit
for residential construction has been or could be issued.
"Master Developer" means the owner of the predominant amount of Undeveloped
Property in CFD No. 2001-1, Improvement Area B.
"Maximum Annual Special Tax" means the maximum annual Special Tax, determined in
accordance with the provisions of Section C below, that may be levied in any Fiscal Year
on any Assessor's Parcel of Taxable Property.
"Occupied Residential Property" means all Assessor's Parcels of Residential Property
which have closed escrow to an end user.
"Outstanding Bonds" means all Bonds which remain outstanding.
"Property Owner Association Property" means any property within the boundaries of
CFD No. 2001-1, Improvement Area B owned by or dedicated to a property owner
association, including any master or sub-association.
"Proportionately" means for Developed Property that the ratio of the actual Special Tax
levy to the Assigned Special Tax or Backup Special Tax is equal for all Assessor's Parcels
of Developed Property within CFD No. 2001-1, Improvement Area B. For Undeveloped
Property "Proportionately" means that the ratio of the actual Special Tax levy per Acre to
the Maximum Annual Special Tax per Acre is equal for all Assessor's Parcels of
Undeveloped Property within CFD No. 2001-1, Improvement Area B.
"Public Property" means any property within the boundaries of CFD No. 2001-1,
Improvement Area B that is used for rights-of-way or any other purpose and is owned by or
City ofChula Vista September 6, 2001
Community Facilities District No. 2001-1 12 -2~')
San Miguel Ranch - Improvement Area B Page 3
--- -- - - ----"----r---""'--' .------
dedicated to the federal government, the State of California, the County, the City or any
other public agency.
"Residential Property" means all Assessor's Parcels of Developed Property for which a
building permit has been issued for purposes of constructing one or more residential
dwelling units.
"Residential Floor Area" means all of the square footage of living area within the
perimeter of a residential structure, not including any carport, walkway, garage, overhang,
patio, enclosed patio, or similar area. The determination of Residential Floor Area shall be
made by reference to appropriate records kept by the City's Building Department.
Residential Floor Area will be based on the building permit(s) issued for each dwelling unit
prior to it being classified as Occupied Residential Property, and shall not change as a
result of additions or modifications made after such classification as Occupied Residential
Property.
"Special Tax" means the annual special tax to be levied in each Fiscal Year on each
Assessor's Parcel of Taxable Property to fund the Special Tax Requirement
"Special Tax Requirement" means that amount required in any Fiscal Year for CFD No.
2001-1, Improvement Area B to: (i) pay annual debt service on all Outstanding Bonds as
defined in Section A.; (ii) pay periodic costs on the Bonds, including but not limited to,
credit enhancement and rebate payments on the Bonds; (iii) pay Administrative Expenses;
(iv) pay any amounts required to establish or replenish any reserve funds for all
Outstanding Bonds in accordance with the Indenture; (v) and pay directly for acquisition
and/or construction of public improvements which are authorized to be financed by CFD
No. 2001-1, Improvement Area B; (vi) less a credit for Available Funds.
"State" means the State of California.
"Taxable Property" means all of the Assessor's Parcels within the boundaries ofCFD No.
2001-1, Improvement Area B which are not exempt from the Special Tax pursuant to law
or Section E below.
"Trustee" means the trustee, fiscal agent, or paying agent under the Indenture.
"Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified
as Developed Property.
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, all Taxable Property within CFD No. 2001-1, Improvement Area B shall
be classified as Developed Property or Undeveloped Property and shall be subject to the
levy of annual Special Taxes determined pursuant to Sections C and 0 below.
Furthermore, Developed Property shall be classified as Residential Property or Commercial
Property.
City ofChula Vista September 6, 2001
Community Facilities District No. 2001-1 1:2 2h
San Miguel Ranch -Improvement Area B Page 4
. ,----.-----
C. MAXIMUM ANNUAL SPECIAL TAX RATE
1. Developed Property
The Maximum Annual Special Tax for each Assessor's Parcel of Residential
Property or Commercial Property that is classified as Developed Property shall be
the greater of (1) the Assigned Special Tax described in Table 1 below or (2) the
amount derived by application of the Backup Special Tax.
a. AssÍ1!ned Special Tax
The Assigned Special Tax for each Assessor's Parcel of Developed Property is
shown in Table 1.
TABLE 1
Assigned Special Tax for Developed Property
Land Use
Class Descriotion AssÍ!med Soecial Tax
1 Residential Property $475.00 per unit plus $0.32 per
square foot of Residential Floor
Area
2 Commercial Property $2,263 per Acre of Commercial
Property
b. Backup Special Tax
When a Final Map is recorded within Improvement Area B, the Backup Special Tax
for Assessor's Parcels of Developed Property classified as Residential Property or
Commercial Property shall be determined as follows:
For each Assessor's Parcel of Developed Property classified as Residential Property
or for each Assessor's Parcel of Undeveloped Property to be classified as Residential
Property within the Final Map area, the Backup Special Tax shall be the rate per Lot
calculated according to the following formula:
$4,578 x A
B= -- -- -- -- -- - --- - -- - ------
L
The terms above have the following meanings:
B= Backup Special Tax per Lot in each Fiscal Year.
A= Acreage classified or to be classified as Residential Property in
such Final Map.
City of Chula Vista September 6, 200i
Community Facilities District No. 2001-1 12 -27
San Miguel Ranch -improvement Area B Page 5
.__..~-_.._.__._--. ..-
L= Lots in the Final Map which are classified or to be classified as
Residential Property.
For each Assessor's Parcel of Developed Property classified as Commercial Property
or for each Assessor's Parcel of Undeveloped Property to be classified as
Commercial Property within the Final Map area, the Backup Special Tax shaH be
determined by multiplying $4,578 by the total Acreage of the Commercial Property
and Undeveloped Property to be classified as Commercial Property within the Final
Map area.
Notwithstanding the foregoing, if Assessor's Parcels of Residential Property,
Commercial Property or Undeveloped Property for which the Backup Special Tax
has been determined are subsequently changed or modified by recordation of a new
or amended Final Map, then the Backup Special Tax applicable to such Assessor's
Parcels shall be recalculated to equal the amount of Backup Special Tax that would
have been generated if such change did not take place.
2. Undeveloped Property
The Maximum Annual Special Tax for each Assessor's Parcel classified as
Undeveloped Property shaH be the amount shown in Table 2 below:
TABLE 2
Maximum Annual Special Tax for Undeveloped Property
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2002-03 and for each foHowing Fiscal Year, the Council
shall determine the Special Tax Requirement and shaH levy the Special Tax until the
amount of Special Taxes equals the Special Tax Requirement. The Special Tax shaH be
levied each Fiscal Year as follows:
First: The Special Tax shall be levied on each Assessor's Parcel of Developed Property at a
rate up to 100% of the applicable Assigned Special Tax to satisfy the Special Tax
Requirement.
Second: If additional monies are needed to satisfy the Special Tax Requirement after the
first step has been completed, the Special Tax shaH be levied Proportionately on each
Assessor's Parcel of Undeveloped Property, excluding any Assessor's Parcels classified as
City ofChula Vista September 6,2001
Community Facilities District No. 2001-1 /2...28
San Miguel Ranch - Improvement Area B Page 6
_.. "'" ------_.. ----
Undeveloped Property pursuant to Section E, at up to 100% of the Maximum Annual
Special Tax for Undeveloped Property.
Third: If additional monies are needed to satisfy the Special Tax Requirement after the
first two steps have been completed, the Special Tax to be levied on each Assessor's Parcel
whose Maximum Annual Special Tax is derived by the application of the Backup Special
Tax and shall be increased Proportionately ftom the Assigned Special Tax up to the
Maximum Annual Special Tax for each such Assessor's Parcel.
Fourth: If additional monies are needed to satisfy the Special Tax Requirement after the
first three steps have been completed, then the Special Tax shall be levied Proportionately
on each Assessor's Parcel classified as Undeveloped Property pursuant to Section E at up
to 100% of the Maximum Annual Special Tax for Undeveloped Property.
Notwithstanding the above, under no circumstances will the Special Tax levied against any
Assessor's Parcel of Occupied Residential Property be increased by more than ten percent
per year as a consequence of delinquency or default in the payment of Special Taxes by the
owner of any other Assessor's Parcel ofCFD No. 2001-1, Improvement Area B.
E. EXEMPTIONS
The CFD Administrator shall classify as exempt property (i) Assessor's Parcels defined as
Public Property, (ii) Assessor's Parcels defined as Property Owner Association Property,
(iii) Assessor's Parcels which are used as places of worship and are exempt trom ad
valorem property taxes because they are owned by a religious organization, (iv) Assessor's
Parcels defined as Community Purpose Facility Property or (v) Assessor's Parcels with
public or utility easements making impractical their utilization for other than the purposes
set forth in the easement, provided that no such classification would reduce the sum of all
Taxable Property to less than 103.61 Acres. Notwithstanding the above, the CFD
Administrator shall not classify an Assessor's Parcel as exempt property if such
classification would reduce the sum of all Taxable Property to less than 103.61 Acres.
Assessor's Parcels which cannot be classified as exempt property because such
classification would reduce the Acreage of all Taxable Property to less than 103.61 Acres
will be classified as Undeveloped Property and shall be taxed as a part of the fourth step in
Section D.
Tax-exempt status will be assigned by the CFD Administrator in the chronological order in
which property becomes exempt property. The Maximum Annual Special Tax obligation
for any Public Property which cannot be classified as exempt property as described in the
first paragraph of Section E shall be prepaid in full by the seller pursuant to Section H.l,
prior to the transfer/dedication of such property. Until the Maximum Annual Special Tax
obligation for any such Public Property is prepaid, the property shall continue to be subject
to the levy of the Special Tax as Undeveloped Property pursuant to the fourth step in
Section D..
City ofChula Vista September 6,2001
Community Facilities District No. 2001-1 /7..7Q
San Miguel Ranch -Improvement Area B '--?/, Pa¡?;e 7
F. REVIEW/APPEAL COMMITTEE
The Council shall establish as part of the proceedings and administration ofCFD No. 2001-
1, Improvement Area B a special three-member Review/Appeal Committee. Any
landowner or resident who feels that the amount of the Special Tax levied on their
Assessor's Parcel is in error may file a written notice with the Review/Appeal Committee
appealing the amount of the Special Tax levied on such Assessor's Parcel. The
Review/Appeal Committee may establish such procedures as it deems necessary to
undertake the review of any such appeal. The Review/Appeal Committee shall interpret
this Rate and Method of Apportionment and make determinations relative to the annual
administration of the Special Tax and any landowner or resident appeals, as herein
specified. The decision of the Review/Appeal Committee shall be final and binding as to
all persons.
G. MANNER OF COLLECTION
The annual Special Tax shall be collected in the same manner and at the same time as
ordinary ad valorem property taxes; provided, however, that CFD No. 2001-1,
Improvement Area B may directly bill the Special Tax, may collect Special Taxes at a
different time or in a different manner if necessary to meet its financial obligations, and
may covenant to foreclose and may actually foreclose on Assessor's Parcels which are
delinquent in the payment of Special Taxes.
Tenders of Bonds may be accepted for payment of Special Taxes upon the terms and
conditions established by the Council pursuant to the Act. However, the use of Bond
tenders shall only be allowed on a case-by-case basis as specifically approved by the
Council.
H. PREPAYMENT OF SPECIAL TAX
The following definition applies to this Section H:
"Outstanding Bonds" means all previously issued Bonds which will remain outstanding
after the first interest and/or principal payment date following the current Fiscal Year,
excluding Bonds to be redeemed at a later date with the proceeds of prior prepayments of
Maximum Annual Special Taxes.
1. Prepayment in Full
The Maximum Annual Special Tax obligation may only be prepaid and permanently
satisfied by an Assessor's Parcel of Developed Property, Undeveloped Property for which a
building permit has been issued, or Public Property. The Maximum Annual Special Tax
obligation applicable to such Assessor's Parcel may be fully prepaid and the obligation of
City ofChula Vista September 6,2001
Community Facilities District No. 2001-1 /2 "30
San Miguel Ranch - Improvement Area B Page 8
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the Assessor's Parcel to pay the Special Tax permanently satisfied as described herein;
provided that a prepayment may be made only if there are no delinquent Special Taxes with
respect to such Assessor's Parcel at the time of prepayment. An owner of an Assessor's
Parcel intending to prepay the Maximum Annual Special Tax obligation shall provide the
CFD Administrator with written notice of intent to prepay. Within 30 days of receipt of
such written notice, the CFD Administrator shall notify such owner of the prepayment
amount of such Assessor's Parcel. The CFD Administrator may charge a reasonable fee for
providing this figure.
The Prepayment Amount (defined below) shall be calculated as summarized below
(capitalized terms as defined below):
Bond Redemption Amount
plus Redemption Premium
plus Defeasance Amount
plus Administrative Fees and Expenses
less Reserve Fund Credit
less Capitalized Interest Credit
Total: equals Prepayment Amount
As of the proposed date of prepayment, the Prepayment Amount (defined below) shall be
calculated as follows:
Paragraph No.:
1. For Assessor's Parcels of Developed Property, compute the Maximum Annual
Special Tax for the Assessor's Parcel to be prepaid. For Assessor's Parcels of
Undeveloped Property to be prepaid, compute the Maximum Annual Special Tax for
that Assessor's Parcel as though it was already designated as Developed Property,
based upon the building permit which has already been issued for that Assessor's
Parcel. For Assessor's Parcels of Public Property to be prepaid, compute the
Maximum Annual Special Tax for that Assessor's Parcel using the Maximum Annual
Special Tax for Undeveloped Property.
2. Divide the Maximum Annual Special Tax computed pursuant to paragraph 1 by the
sum of the total expected Maximum Annual Special Tax revenues excluding any
Assessor's Parcels which have been prepaid.
3. Multiply the quotient computed pursuant to paragraph 2 by the Outstanding Bonds to
compute the amount of Outstanding Bonds to be retired and prepaid (the "Bond
Redemption Amount").
4. Multiply the Bond Redemption Amount computed pursuant to paragraph 3 by the
applicable redemption premium, if any, on the Outstanding Bonds to be redeemed
(the "Redemption Premium").
City ojChula Vista September 6. 2001
Community Facilities District No. 2001-1 12-.];
San Miguel Ranch -- lmprovement Area B Page 9
. ,... "",---,--,,-----'--'-'" .-
5. Compute the amount needed to pay interest on the Bond Redemption Amount ftom
the first bond interest and/or principal payment date following the current Fiscal Year
until the earliest redemption date for the Outstanding Bonds.
6. Confirm that no Special Tax delinquencies apply to such Assessor's Parcel.
7. Determine the Special Taxes levied on the Assessor's Parcel in the current Fiscal
Year which have not yet been paid.
8. Compute the amount the CFD Administrator reasonably expects to derive ftom the
reinvestment of the Prepayment Amount less the Administrative Fees and Expenses
from the date of prepayment until the redemption date for the Outstanding Bonds to
be redeemed with the prepayment.
9. Add the amounts computed pursuant to paragraphs 5 and 7 and subtract the amount
computed pursuant to paragraph 8 (the "Defeasance Amount").
10. Verify the administrative fees and expenses ofCFD No. 2001-1, Improvement Area
B, including the costs of computation of the prepayment, the costs to invest the
prepayment proceeds, the costs of redeeming Bonds, and the costs of recording any
notices to evidence the prepayment and the redemption (the "Administrative Fees and
Expenses").
11. The reserve fund credit (the "Reserve Fund Credit") shall equal the lesser of: (a) the
expected reduction in the reserve requirement (as defined in the Indenture), if any,
associated with the redemption of Outstanding Bonds as a result of the prepayment,
or (b) the amount derived by subtracting the new reserve requirement (as defined in
the Indenture) in effect after the redemption of Outstanding Bonds as a result of the
prepayment from the balance in the reserve fund on the prepayment date, but in no
event shall such amount be less than zero.
12. If any capitalized interest for the Outstanding Bonds will not have been expended at
the time of the first interest and/or principal payment following the current Fiscal
Year, a capitalized interest credit shall be calculated by multiplying the quotient
computed pursuant to paragraph 2 by the expected balance in the capitalized interest
fund after such first interest and/or principal payment (the "Capitalized Interest
Credit").
13. The Maximum Annual Special Tax prepayment is equal to the sum of the amounts
computed pursuant to paragraphs 3, 4, 9, and 10, less the amounts computed pursuant
to paragraphs II and 12 (the "Prepayment Amount").
14. From the Prepayment Amount, the amounts computed pursuant to paragraphs 3, 4, 9,
11, and 12 shall be deposited into the appropriate fund as established under the
Indenture and be used to retire Outstanding Bonds or make debt service payments.
City of Chula Vista September 6.2001
Community Facilities District No, 2001-1 /2-'"~2
San Miguel Ranch - Improvement Area B PaKe 10
',.- ---_.._..
The amount computed pursuant to paragraph 10 shall be retained by CFD No. 2001-
1, improvement Area B.
The Prepayment Amount may be insufficient to redeem other than a $5,000 increment of
Bonds. In such cases, the increment above $5,000 or integral multiple thereof will be
retained in the appropriate fund established under the Indenture to be used with the next
prepayment of bonds or to make debt service payments.
As a result of the payment of the current Fiscal Year's Special Tax levy as determined
under paragraph 7 above, the CFD Administrator shall remove the current Fiscal Year's
Special Tax levy for such Assessor's Parcel ftom the County tax rolls. With respect to any
Assessor's Parcel that is prepaid, the Board shall cause a suitable notice to be recorded in
compliance with the Act, to indicate the prepayment of Special Taxes and the release of the
Special Tax lien on such Assessor's Parcel, and the obligation of such Assessor's Parcel to
pay the Special Tax shall cease.
Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the
amount of Maximum Annual Special Taxes that may be levied on Taxable Property within
CFD No. 2001-1, Improvement Area B both prior to and after the proposed prepayment is
at least 1.1 times the maximum annual debt service on all Outstanding Bonds.
Tenders of Bonds in prepayment of Maximum Annual Special Taxes may be accepted
upon the terms and conditions established by the Council pursuant to the Act. However,
the use of Bond tenders shall only be allowed on a case-by-case basis as specifically
approved by the Council.
2. Prepayment in Part
The Maximum Annual Special Tax on an Assessor's Parcel of Developed Property or an
Assessor's Parcel of Undeveloped Property for which a building permit has been issued
may be partially prepaid. The amount of the prepayment shall be calculated as in Section
H.1; except that a partial prepayment shall be calculated according to the following
formula:
PP = (PE X F) + A
These terms have the following meaning:
PP = the partial prepayment
PE = the Prepayment Amount calculated according to Section H.1, minus Administrative
Expenses and Fees pursuant to Step 10.
F = the percent by which the owner of the Assessor's Parcel(s) is partially prepaying the
Maximum Annual Special Tax.
A= the Administrative Expenses and Fees pursuant to Step 10.
CityofChula Vista September 6,2001
Community Facilities District No. 2001-1 11.,33
San Mifiuel Ranch -Improvement Area B Pafie II
...~._---_._-_..---_. .__.
The owner of an Assessor's Parcel who desires to partially prepay the Maximum Annual
Special Tax shall notify the CFDAdministrator of (i) such owner's intent to partially
prepay the Maximum Annual Special Tax, (ii) the percentage by which the Maximum
Annual Special Tax shall be prepaid, and (iii) the company or agency that will be acting as
the escrow agent, if applicable. The CFD Administrator shall provide the owner with a
statement of the amount required for the partial prepayment of the Maximum Annual
Special Tax for an Assessor's Parcel within 30 days of the request and may charge a
reasonable fee for providing this service.
With respect to any Assessor's Parcel that is partially prepaid, the City shall (i) distribute
the funds remitted to it according to Paragraph 14 of Section 1.1, and (ii) indicate in the
records of CFD No. 2001-1, Improvement Area B that there has been a partial prepayment --
of the Maximum Annual Special Tax and that a portion of the Maximum Annual Special
Tax equal to the outstanding percentage (1.00 - F) of the remaining Maximum Annual
Special Tax shall continue to be authorized to be levied on such Assessor's Parcel pursuant
to Section D.
I. TERM OF MAXIMUM ANNUAL SPECIAL TAX
The Maximum Annual Special Tax shall be levied commencing in Fiscal Year 2002-03 to
the extent necessary to fully satisfY the Special Tax Requirement for a period no longer
than 2039-40.
j,\Englnee,\AGENDA\SanMlgucl-RMA-2, Attochment (9-2S-01).doc
City ofChula Vista September 6, 2001
Community Facilities District No. 2001-1 12 -;3U
San Miguel Ranch -Improvement Area B , I !'age 12
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALiFORNIA, ADOPTiNG A BOUNDARY MAP SHOWING THE
BOUNDARIES OF THE TERRITORY PROPOSED FOR THE INCLUSION IN
PROPOSED COMMUNiTY F ACILITlES DISTRICT NO. 2001-1 (SAN MIQUEL
RANCH) AND THE BOUNDARIES OF THE IMPROVEMENT AREAS
PROPOSED TO BE DESIGNATED THEREIN
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALiFORNIA ("City
Council"), desires to initiate proceedings to create a Community Facilities District pursuant to the
tcrn1S and provisions of the "Mello-Roos Community Facilities Act of1982", being Chapter 2.5, Part
1, Division 2, Title 5 ofthe Government Code of the State of California (the "Act") and the City of
Chula Vista Community Facilities District Ordinance enacted pursuant to the powers reserved by the
City of Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of
California (the "Ordinance") (the Act and the Ordinance may be referred to collectively as the
'"Community Facilities Districl Law"). This Community Facilities District shall hereinafter be
designated as COMMUNITY FACILITIES DISTRICT NO. 2001-1 (SAN MIQUEL RANCH) (the
"District"); and,
WHEREAS, the City Council further desires to designate portions of the proposed District as
improvement areas pursuant to the provisions of the Community Facilities District Law, such
improvement areas to be known as "Improvement Area A" and "Improvement Area B" of such
District (collectively, the "Improvement Areas"); and
WHEREAS, there has been submitted a map showing the boundaries of the territory
proposed for inclusion in the District and in each of the proposed Improvement Areas therein
including properties and parcels of land proposed to be subject to the levy of a special tax by the
District.
NOW, THEREFORE, IT IS HEREBY RESOLVED:
SECTION I. The above recitals are all tme and correct.
SECTiON 2. The map designated as "BOUNDARIES OF COMMUNITY FACILiTIES
DISTRICT NO. 2001-1 (SAN MIQUEL RANCH)" showing the showing the boundaries of the
territory proposed for inclusion in the District and in each of the proposed Improvement Areas
therein including properties and parcels ofland proposed to be subject to the levy of a special tax by
the District.
I
SECTION 3. A certificate shall be endorsed on the original and on at least one (1) copy of
the map ofthe District, evidencing the date and adoption of this Resolution, and within fifteen (15)
days after the adoption ofthe Resolution fixing the time and place ofthe hearing on the formation or
extent of such District, a copy of such map shall be filed with the correct and proper endorsements
thereon with the County Recorder, all in the manner and form provided for in Sections 3110 and
3111 of the Streets and Highways Code of the State of California.
PRESENTED BY: APPROVED AS TO FORM BY:
John P. Lippitt
Director of Public Works
.r,\ATTORNEYlAppmve Map CFD 2001-1 (9-25-01).doc
2
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, DECLARING ITS INTENTION TO ESTABLISH COMMUNITY
FACILITIES DISTRICT NO. 2001-1 (SAN MIQUEL RANCH) AND DESIGNATE
TWO IMPROVEMENT AREAS THEREIN AND TO AUTHORIZE THE LEVY A
SPECIAL TAX THEREIN TO FINANCE THE ACQUISITION OF CERTAIN
FACILITIES
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the
"City Council"), at this time desires to initiate proceedings to create a Community Facilities District
pursuant to the terms and provisions ofthe "Mello-Roos Community Facilities Act of 1982", being
Chapter 2.5, Part I, Division 2, Title 5 ofthe Government Code ofthe State of California (the "Act")
and the City ofChula Vista Community Facilities District Ordinance enacted pursuant to the powers
reserved by the City ofChula Vista under Sections 3, 5 and 7 of Article XI of the Constitution ofthe
State of Cali fomi a (the "Ordinance") (the Act and the Ordinance may be referred to collectively as
the "Community Facilities District Law"). This Community Facilities District shall hereinafter be
referred to as COMMUNITY F AClLITlES DISTRICT NO. 2001-1 (SAN MlQUEL RANCH) (the
"District"); and,
WHEREAS, this City Council desires to proceed to adopt its Resolution of Intention to
initiate the proceedings to consider the establishment of such District, to set forth the proposed
boundaries for such District, to indicate the type of public facilities proposed to be financed by such
District, to indicate the proposed rate and apportionment of a special tax sufficient to finance the
acquisition of such facilities and the administration ofthe District and any indebtedness incurred by
the District, to set a time and place for a public hearing relating to the establishment of such District;
and
WHEREAS, the Community Facilities District Law provides that the City Council may
initiate proceedings to establish a community facilities district only if it has first considered and
adopted local goals and policies concerning the use of the Community Facilities District Law; and
WHEREAS, this City Council has adopted local goals and policies as required pursuant to
the Community Facilities District Law; and
WHEREAS, the Community Facilities District Law permits the City Council to designate a
portion or portions of the proposed District as one or more improvement areas for the purpose of
financing of, or contributing to the financing of, specified public facilities; and
WHEREAS, this City Council desires to designate two improvement areas within the
proposed District for the purpose of contributing to the financing of the facilities specified herein.
NOW, THEREFORE, IT IS HEREBY RESOLVED:
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RECITALS
SECTION I. The above recitals are all true and correct.
INITIATION OF PROCEEDINGS
SECTION 2. These proceedings are initiated by this City Council pursuant to the
authorization of the Community Facilities District Law.
BOUNDARIES OF DISTRICT AND IMPROVEMENT AREAS
SECTION 3. It is the intention of this City Council to establish the boundaries of the
proposed District and the proposed improvement areas therein. A description of the proposed
boundaries of the territory to be included in the District and the Improvement Areas proposed to be
designated within such District including the properties and parcels ofland proposed to be subject to
the levy of a special tax by the District is as follows:
All that property as shown on a map as previously approved by this City Council,
such map designated by the name of this District, a copy of which is on file in the
Office of the City Clerk and shall remain open for public inspection.
NAME OF DISTRiCT AND IMROVEMENT AREAS
SECTION 4. The name of the proposed District t shall be COMMUNITY FACILITIES
DISTRICT NO. 2001-1 (SAN MIQUEL RANCH). The improvement areas proposed to be
designated within the District shall be known as "Improvement Area A" and Improvement Area B"
(individually, an "Improvement Area" or collectively, lhe "Improvement Areas")
DESCRIPTION OF FACILITiES
SECTION 5. It is the intention of this City Council to finance the acquisition of certain
facilities authorized to be acquired pursuant to the provisions of the Community Facilities District
Law. A general description of the type of facilities proposed to be authorized to be acquired is set
forth in Exhibit A attached hereto and incorporated herein by this reference (the "Facilities").
The Facilities are facilities which this legislative body is authorized by law to contribute
revenue to or to construct, own or operate. It is hereby further determined that the proposed
Facilities are necessary to meet increased demands and needs placed upon the City as a result of
development within the District.
The cost of acquiring the Facilities includes Incidental Expenses as such term is defined in
Government Code Section 533l7(e) and may include, but not be limited to, the costs of planning and
2
12 -?Z
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designing the facilities; all costs associated with the establishment of the District and the designation
of the Improvement Areas, the issuance and administration of bonds to be issued for each
Improvement Area, including the payment of any rebate obligation due and owing to the federal
government, the determination of the amount of any special taxes to be levied, the costs ofcollecting
any special taxes, and costs otherwise incurred in order to carry out the authorized purposes of the
District, together with any other expenses incidental to the acquisition, construction, completion and
inspection of the Facilities.
SPECIAL TAX
SECTION 6. It is hereby further proposed that, except where funds are otherwise available,
a separate special tax sufficient to pay for such Facilities and related Incidental Expenses authorized
by the Community Facilities District Law, secured by recordation of a continuing lien against all
non-exempt real property in the District, will be levied annually within the boundaries of each ofthe
Improvement Areas within the District. Under no circumstances will the special tax levied against
any parcel used for private residential purposes be increased as a consequence of delinquency or
default by the owner of any other parcel or parcels within the same Improvement Area ofthe District
by more than 10 percent. For further particulars as to the rate and method of apportionment of the
proposed special tax (the "Rates and Methods of Apportionment") for each Improvement Area
reference is made to the attached and incorporated Exhibit B, which sets forth in sufficient detail the
method of apportionment to allow each landowner or resident within each Improvement Area ofthe
proposed District to clearly estimate the maximum amount that such person will have to pay. The
Rates and Methods of Apportionment also sets forth the tax year after which no further special tax
shall be levied or collected against any parcel used for private residential purposes within each
Improvement Area. A parcel shall be considered "used for private residential purposes" not later than
the date on which an occupancy permit or the equivalent for private residential use is issued for such
parcel.
The special taxes herein proposed, to the extent possible, shall be collected in the same
manner as .ad valorem property taxes or in such other manner at this City Council shall determine,
including without limitation, direct billing of the affected property owners, and shall be subject to the
same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad
valorem taxes. Any special taxes that may not be collected on the County tax roll shall be collected
through a direct billing procedure by the Treasurer of the City ofChula Vista (the "City"), acting for
and on behalf of the District.
PUBLIC HEARING
SECTION 7. NOTICE IS GIVEN THAT ON NOVEMBER 6, 2001, AT THE HOUR OF
4:00 O'CLOCK P.M., IN THE REGULAR MEETING PLACE OF THE CITY COUNCIL BEING
THE COUNCIL CHAMBERS, CITY HALL, LOCATED AT 276 FOURTH A VENUE, CHULA
VISTA, CALIFORNIA, A PUBLIC HEARING WILL BE HELD WHERE THIS CITY COUNCIL
WILL CONSIDER THE ESTABLISHMENT OF THE PROPOSED DISTRICT, THE
3
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DESIGNATION OF THE PROPOSED IMPROVEMENT AREAS, THE RATE AND METHOD
OF APPORTIONMENT OF THE SPECIAL TAX PROPOSED TO BE LEVIED WITHIN EACH
IMPROVEMENT AREA, AND ALL OTHER MATTERS AS SET FORTH IN THIS
RESOLUTION OF INTENTION. AT THE ABOVE-MENTIONED TIME AND PLACE FOR
PUBLIC HEARING ANY PERSONS INTERESTED, INCLUDING TAXPAYERS AND
PROPERTY OWNERS MAY APPEAR AND BE HEARD. THE TESTIMONY OF ALL
INTERESTED PERSONS FOR OR AGAINST THE ESTABLISHMENT OF THE DISTRICT,
THE EXTENT OF THE DISTRICT, THE DESIGNATION OF THE IMPROVEMENT AREAS OR
THE FINANCING OF THE FACILITIES, WILL BE HEARD AND CONSIDERED. ANY
PROTESTS MAYBE MADE ORALLY OR IN WRITING. HOWEVER, ANY PROTESTS
PERTAINING TO THE REGULARITY OR SUFFICIENCY OF THE PROCEEDINGS SHALL
BE IN WRITING AND CLEARLY SET FORTH THE IRREGULARITIES AND DEFECTS TO
WHICH THE OBJECTION IS MADE. ALL WRITTEN PROTESTS SHALL BE FILED WITH
THE CITY CLERK OF THE CITY ON OR BEFORE THE TIME FIXED FOR THE PUBLIC
HEARING. WRITTEN PROTESTS MAYBE WITHDRAWN IN WRITING AT ANY TIME
BEFORE THE CONCLUSION OF THE PUBLIC HEARING.
IF A WRITTEN MAJORITY PROTEST AGAINST THE ESTABLISHMENT OF THE DISTRICT
IS FILED, THE PROCEEDINGS SHALL BE ABANDONED. IF SUCH MAJORITY PROTEST
IS LIMITED TO CERTAIN FACILITIES OR PORTIONS OF THE SPECIAL TAX, THOSE
FACILITIES OR THAT PORTION OF THE SPECIAL TAX SHALL BE ELIMINATED BY THE
CITY COUNCIL.
ELECTION
SECTiON 8. If, following the public hearing described in the Section above, the City
Council determines to establish the District and to designate the Improvement Areas and proposes to
levy a special tax within each such Improvement Area, the City Council shall then submit the levy of
the special taxes to the qualified electors of each Improvement Area. If at least twelve (12) persons,
who need not necessarily be the same twelve (12) persons, have been registered to vote within an
Improvement Area for each ofthe ninety (90) days preceding the close ofthe public hearing, the vote
shall be by registered voters of the Improvement Area, with each voter having one (1) vote.
Otherwise, the vote shall be by the landowners of each Improvement Area who were the owners of
record at the close of the subject hearing, with each landowners or the authorized representative
thereof, having one (1) vote for each acre or portion of an acre of land owned within such
Improvement Area.
NOTICE
SECTION 9. Notice of the time and place ofthe public hearing shall be given by the City
Clerk by causing the publication of a Notice of Public Hearing in the legally designated newspaper
of general circulation, such publication pursuant to Section 6061 of the Government Code, with such
publication to be completed at least seven (7) days prior to the date set for the public hearing.
4
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The City Clerk shall also cause notice to be given by first-class mail to each registered voter,
if any, and to each landowner as defined in the Community Facilities District Law within the
proposed boundaries of the District. Such notice shall be mailed at least 15 days before the public
hearing and shall contain the same information as is required to be contained in the notice published
pursuant to the preceding paragraph.
RESERVATION OF RIGHTS TO AUTHORIZE TENDER OF BONDS
SECTION 10. The City Council reserves to itself, in its capacity as the legislative body of
the District if formed, the right and authority to allow any interested owner of property within the
District, subject to the provisions of Government Code Section 53344.1 and to such conditions as
this City Council may impose, and any applicable prepayment penalties as may be described in the
bond indenture or comparable instrument or document, to tender to the Treasurer, acting for and on
behalf of the District, in full payment or part payment of any installment of the special taxes or the
interest or penalties thereon which may be due or delinquent, but for which a bill has been received,
any bond or other obligation secured thereby, the bond or other obligation to be taken at par and
credit to be given for the accrued interest shown thereby computed to the date of tender.
ADVANCES OF FUNDS OR WORK-IN-KIND
SECTION 11. At any time either before or after the formation of the District, the City
Council may accept advances of funds or work-in-kind from any source, including, but not limited
to, private persons or private entities and may provide, by resolution, for the use of those funds or
that work-in-kind for any authorized purpose, including, but not limited to, paying any cost incurred
by the City in creating the District. The City may enter into an agreement, by resolution, with the
person or entity advancing the funds or work-in-kind, to repay all or a portion of the funds so
advanced, or to reimburse the person or entity for the value, or cost, whichever is less, ofthe work-
in-kind, as determined by the City Council. The City has entered into a Community Facilities
District Reimbursement Agreement with NNP - Trimark San Miguel Ranch, LLC (the
"Corporation") to provide for such advances for the payment of all initial consulting and
administration costs and expenses related to the proceedings to consider the formation of the District
and to subsequently authorize, issue and sell bonds for the District. Such advances are subject to
reimbursement pursuant to the terms of such agreement. No such agreement shall constitute a debt or
liabi1ity of the City.
In addition, it is proposed that the City enter into an agreement with the Corporation pursuant
to which the Corporation shall construct and install the Facilities and the District shall repay the
funds expended by the Corporation for such purpose or value or cost ofthe work in-kind, whichever
is less.
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PRESENTED BY: APPROVED AS TO FORM BY:
John P. Lippitt
Director of Public Works
JIATTORNEYIRESOllntenl room em 2001 -I (9-25-01 ).doc
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EXHIBiT A
DESCRIPTION OF TYPES OF FACILITIES
The types of public facilities authorized to be financed by the levy of special taxes within
each Improvement Area shall include streets, landscaping within public rights-of-way, sewers and
public utilities as may be authorized by the goals and policies of the City Council pertaining to the
use of the Community Facilities District Law.
.I\Enginm\AGENDA\R" Intent Foe", cm 2001.[ (9.25.01 ).doc
A-1
(2 -if 3
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EXHIBIT B
RATES AND METHODS OF APPORTION OF SPECIAL TAXES
[attach a copy of the Rate and Methodfor each Improvement Area}
JIEnginmIAC<ENIJAIRcs Intenl Form CFD 2001-1 (9-25-01) doc
B-J
12-- Lf r¡
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, ORDERING AND DIRECTING THE PREP ARA TION OF A
REPORT FOR PROPOSED COMMUNITY FACILITIES DISTRICT NO. 2001-1
(SAN MIQUEL RANCH)
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the
"City Council"), has declared its intention to initiate proceedings to create a Community Facilities
District pursuant to the terms and provisions ofthe "Mello-Roos Community Facilities Act of 1982",
being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the
"Act") and the City ofChula Vista Community Facilities District Ordinance enacted pursuant to the
powers reserved by the City of Chula Vista under Sections 3, 5 and 7 of Article XI of the
Constitution of the State of California (the "Ordinance") (the Act and the Ordinance may be referred
to collectively as the "Community Facilities District Law"). This Community Facilities District
shall hereinafter be designated as COMMUNITY FACILITIES DISTRICT NO. 2001-1 (SAN
MIQUEL RANCH) (the "District"); and,
WHEREAS, this City Council directs, pursuant to the provisions of Section 53321.5 ofthe
Government Code of the State of California, the preparation of a report to provide more detailed
infornlation relating to the proposed District and the improvement areas proposed to be designated
therein, the proposed facilities to be financed through the District, and estimate of the cost of
providing such facilities (the "Community Facilities District Report").
NOW, THEREFORE IT IS HEREBY RESOLVED:
SECTION 1. The above recitals are all true and correct.
SECTION 2. The Director of Public Works is hereby directed and ordered to prepare or
cause to be prepared the Community Facilities District Report to be presented to this City Council,
generally setting forth and containing the following:
FACILITIES: A full and complete description ofthe public facilities the acquisition
of which are proposed to he financed through the District.
COST ESTIMATE: A general cost estimate setting forth costs of acquiring such facilities.
SPECIAL TAX: Further particulars and documentation regarding the rates and
methods of apportionment of the special taxes proposed to be levied
within each improvement area designated within the District.
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SECTION 3. The Community Facilities District Report, upon its preparation, shall be
submitted to this City Council for review, and such report shall be made a part of the record of the
public hearing on the Resolution of Intention to establish such District.
PRESENTED BY: APPROVED AS TO FORM BY:
ii?f~ /~ ~
John P. Lippitt
Director of Public Works ty Attorney
J\ATTORNEY\RESOIOrdenng Repmt - cm 200 I-I (9-25-0 I ).doc
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, DECLARING ITS INTENTION TO ISSUE BONDS SECURED
BY SPECIAL TAXES TO PAY FOR THE ACQUISITION OF CERTAIN
FACILiTIES IN COMMUNITY FACILITIES DISTRICT NO. 2001-1 (SAN
MIQUEL RANCH)
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the
"City Council"), has initiated proceedings to create a Community Facilities District pursuant to the
terms and provisions ofthe "Mello-Roos Community Facilities Act of1982", being Chapter 2.5, Part
I, Division 2, Title 5 ofthe Government Code of the State of California (the "Act") and the City of
Chula Vista Community Facilities District Ordinance enacted pursuant to the powers reserved by the
City of Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of
California (the "Ordinance") (the Act and the Ordinance may be referred to collectively as the
"Community Facilities District Law") to finance the acquisition of certain authorized facilities. This
Community Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES
DISTRICT NO. 2001-1 (SAN MlQUEL RANCH) (the "District"); and,
WHEREAS, this City Council intends to designate two improvement areas within the District
pursuant to the provisions of the Community Facilities District Law for the purpose of contributing
to the financing of such authorized facilities, such improvement areas to be known as Improvement
Area A and Improvement Area B (individually, an "Improvement Area" or collectively, the
"Improvement Areas"); and,
WHEREAS, it is the intention of this legislative body to finance the acquisition of all or a
portion of such facilities through the issuance of bonds to be issued for each Improvement Area, such
bonds to be secured by special taxes to be levied on taxable property within each such Improvement
Area, all as authorized pursuant to the Community Facilities District Law.
NOW THEREFORE IT IS HEREBY RESOLVED:
SECTION 1. The above recitals are all true and correct.
SECTION 2. This City Council declares that the public convenience and necessity requires
that a bonded indebtedness be incurred by the District for each Improvement Area, therein to
contribute to the financing of all or a portion of the authorized facilities.
SECTION 3. The purpose for the proposed debt of the District for each Improvement Area
is to contribute to the financing ofthe acquisition of authorized facilities consisting of the types of
public facilities described in Exhibit A attached hereto and incorporated herein by this reference (the
"Facilities").
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SECTION 4. The amount of the bonded indebtedness for each Improvement Area may
include all costs and estimated costs incidental to, or connected with, the accomplishment of the
purpose for which the indebtedness is proposed to be incurred as authorized pursuant to the
Community Facilities District Law. The amount of the indebtedness proposed to be authorized for
each Improvement Area is:
Improvement Area A - $15,000,000
Improvement Area B - $6,000,000
SECTION 5. NOTICE IS GIVEN THAT ON NOVEMBER 6,2001, AT THE HOUR OF
4:00 O'CLOCK P.M. IN THE REGULAR MEETING PLACE OF THE LEGISLATIVE BODY,
BEING THE COUNCIL CHAMBERS, CITY HALL, LOCATED AT 276 FOURTH AVENUE,
CHULA VISTA, CALIFORNIA, A HEARING WILL BE HELD ON THE INTENTION OF THIS
LEGISLATIVE BODY TO INCUR A SEPARATE BONDED INDEBTEDNESS OF THE
DISTRICT FOR EACH IMPROVEMENT AREA THEREIN TO CONTRIBUTE TO THE
FINANCING OF THE FACILITIES, EACH SUCH INDEBTEDNESS TO BE SECURED BY THE
LEVY OF SPECIAL TAXES WITHIN EACH SUCH IMPROVEMENT AREA. AT THE TIME
AND PLACE FIXED FOR SAID PUBLIC HEARING ANY PERSONS INTERESTED,
INCLUDING PERSONS OWNING PROPERTY WITHIN EITHER OF THE IMPROVEMENT
AREAS, MAY APPEAR AND PRESENT ANY MATTERS RELATING TO THE PROPOSED
INTENTION AND NECESSITY FOR INCURRING A SEPARATE BONDED INDEBTEDNESS
OF THE DISTRICT FOR EACH IMPROVEMENT AREA THEREIN, EACH SUCH
INDEBTEDNESS WHICH WILL CONTRIBUTE TO THE FINANCING OF ALL OR A
PORTION OF THE F AClLlTlES AND WHICH WILL BE SECURED BY A SPECIAL TAX TO
BE LEVIED WITHIN EACH SUCH IMPROVEMENT AREA.
SECTION 6. Notice ofthe time and place ofthe public hearing shall be given by the City
Clerk by publishing a Notice of Public Hearing in a legally designated newspaper of general
circulation, said publication pursuant to Section 6061 of the Government Code, with said publication
to be completed at least seven (7) days prior to the date set for the public hearing.
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PRESENTED BY: APPROVED AS TO FORM BY:
John P. Lippitt
Director of Public Works
JIATTORNEYIR"ol ¡"'cot Issue Boods cm 200 [. I (').25.0 I) temeddoc
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EXHIBIT A
DESCRIPTION OF TYPES OF F ACILITlES
The types of public facilities authorized to be financed by the levy of special taxes within
each Improvement Area shall include streets, landscaping within public rights-of-way, sewers and
public utilities as may be authorized by the goals and policies of the City Council pertaining to the
use of the Community Facilities District Law.
J\englom\aGENDA\Res Intent I,,", Bomb cm 200[-] (0-25-0]) ,"vlsed.doe
A-I
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