HomeMy WebLinkAboutAgenda Packet 2001/10/09
CITY COUNCIL AGENDA
October 9, 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 Channell7 or Chula Vista Cable Channel 47
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AGENDA
Octoher 9, 200l 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
. INTRODUCTION BY THE DIRECTOR OF PLANNING AND BUILDING, BOB
LEITER OF THE EMPLOYEE OF THE MONTH - KAREN SEITER, SENIOR
SECRETARY
. PRESENTATION OF A PROCLAMATION TO AL GORE, CHAIRPERSON OF THE
CULTURAL ARTS COMMISSION, PROCLAIMING THE MONTH OF OCTOBER
2001 AS NATIONAL ARTS AND HUMANITIES MONTH; A PROCLAMATION TO
GUSTAVO ROMERO, A LEADING CONCERT PIANIST, FOR THE
CONTRIBUTION OF HIS TALENT TO THE CITY; AND RECOGNITION OF
THOSE INDIVIDUALS WHO HAVE CONTRIBUTED TO THE ARTS IN THE CITY
OF CHULA VISTA - INTRODUCTIONS BY RIC TODD, CULTURAL ARTS
COORDINATOR
. PRESENTATION BY TINA WILLIAMS, EXECUTIVE DIRECTOR OF YMCA,
REGARDING YMCA PROJECTS
CONSENT CALENDAR
(Items 1 through 6)
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. lfyou wish to speak on one of these items, please fill out
a "Request to Speak"form (available in the lobby) and submit it to the City Clerk
prior to the meeting. Items pulled from the Consent Calendar will be discussed
after Action Items. Items pulled by the public will be the first items of business.
1. APPROVAL OF MINUTES of September 18, September 25, and October 2,2001.
Staff recommendation: Council approve the minutes.
2. WRITTEN COMMUNICATIONS
A. Letter from the City Attorney stating that, to the best of his knowledge from
observance of actions taken in Closed Session on October 2, 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.
3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AGREEMENTS WITH HUNSAKER & ASSOCIATES, SAN DIEGO,
INC., AND WITH LINTVEDT, MCCOLL & ASSOCIATES, FOR PROFESSIONAL
LAND SURVEYING CONSULTING SERVICES REQUIRED FOR VARIOUS
CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECTS DURING THEIR DESIGN
AND CONSTRUCTION PHASES, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENTS
Due to the current pace of numerous CIP projects and development in Chu1a Vista, the
City has identified the need to enlist the assistance of land surveying consultants. The
City sought qualified consultants, with relevant work experience, to assist in the design
and construction phases for these CIP projects. (Director of Public Works)
Staffrecommendation: Council adopt the resolution.
4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A FIRST AMENDMENT TO THE AGREEMENT WITH MCGILL
MARTIN SELF, INC., FOR THE PROVISION OF PROJECT MANAGEMENT
SERVICES REQUIRED FOR THE DESIGN AND CONSTRUCTION OF THE SALT
CREEK GRAVITY SEWER INTERCEPTOR AND THE WOLF CANYON TRUNK
SEWER, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT
McGill Martin Self, Inc. has been providing project management services necessary for
the design and construction of the Salt Creek Gravity Sewer Interceptor and the Wolf
Canyon Trunk Sewer. Due to a variety of unanticipated issues, the project design and
environmental document preparation has taken a longer period than originally
envisioned. Since the consultant's original contract amount was based on the original
project schedule, and since that schedule has now been extended, staff is recommending
that the contract be amended to provide needed services until the project is completed.
(Director of Public Works)
Staffrecommendation: Council adopt the resolution.
5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
MUNIFINANCIAL FOR ENGINEERING SERVICES RELATED TO THE AUDITING
OF PUBLIC FACILITIES CONSTRUCTION COSTS AND THE ADMINISTRATION
OF THE CITY'S DEVELOPMENT IMPACT FEE (DIF) PROGRAMS,
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT, AND
APPROVING APPROPRIATION OF $230,000 BASED ON REVENUE FROM DIP
REIMBURSEMENTS (4/5THS VOTE REQUIRED)
A public Request for Proposals was sent out on August 3, 2001 for auditing and
administering the City's Development Impact Fee programs. This agreement will allow
the City to respond to the ongoing DIF audit/credit work, and streamline the permit
issuance process. (Director of Public Works)
Staffrecommendation: Council adopt the resolution.
Page 2 - Council Agenda 10/09/01
6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A MILITARY LEAVE POLICY FOR ALL CLASSIPIED AND
UNCLASSIPIED EMPLOYEES FOR THE PERIOD OF SEPTEMBER 14, 2001
THROUGH MARCH 31, 2002
On September 14,2001, President Bush signed an order authorizing the military to call
up 50,000 military reservists in the aftermath of the terrorist attacks. As of this date,
military planners have assigned allotments for 35,000 of the reservists. The purpose of
the proposed policy is to insure that those City employees who are called to active duty
maintain their current level of pay and benefits. (Director of Human Resources)
Staff recommendation: Council adopt the resolution.
ORAL COMMUNICATIONS
Persons speaking during Oral Communications may address the Council on any
subject matter within the Council's jurisdiction that is not listed as an item on the
agenda. State law generally prohibits the Council from taking action on any issue
not included on the agenda, but, if appropriate, the Council may schedule the
topic for future discussion or refer the matter to staff. Comments are limited to
three minutes.
PUBLIC HEARINGS
The following items have been advertised and/or posted as public hearings as
required by law. If you wish to speak on any item, please fill out a "Request to
Speak" form (available in the lobby) and submit it to the City Clerk prior to the
meeting.
7. CONSIDERATION OF A PROPOSAL TO CHANGE THE GENERAL PLAN
DESIGNATION OF 25/33 NAPLES STREET FROM RETAIL COMMERCIAL TO
RESIDENTIAL MEDIUM, AND REZONE 25/33 NAPLES STREET FROM CoN
(NEIGHBORHOOD COMMERCIAL) TO R-3 (APARTMENT RESIDENTIAL) TO
DEVELOP 21 SINGLE-FAMILY DETACHED CONDOMINIUM UNITS
(APPLICANT: ELMCON LTD.)
The developer has requested approval to amend the General Plan designation of 25/33
Naples Street from Retail Commercial to Residential Medium, and to rezone 25/33
Naples Street from CoN (Neighborhood Commercial) to R-3 (Apartment Residential) for
the purpose of developing a 21-unit single-family detached condominium complex,
Country Club Villas Tentative Subdivision Map PCS-Ol-IO. (Director of Planning and
Building)
Staff recommendation: Council conduct the public hearing, place the following
ordinance on first reading and adopt the resolutions:
Page 3 - Council Agenda 10/09/01
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ADOPTING MITIGATED NEGATIVE DECLARATION IS-01-039 AND
APPROVING AN AMENDMENT TO THE GENERAL PLAN OF THE CITY
OF CHULA VISTA AT 25/33 NAPLES STREET
B. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE ZONING MAP, ESTABLISHED BY SECTION 19.18.010
OF THE CHULA VISTA MUNICIPAL CODE, BY REZONING 2.25 ACRES
AT 25/33 NAPLES STREET FROM CoN (NEIGHBORHOOD COMMERCIAL)
TO R-3 (APARTMENT RESIDENTIAL)
C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AND IMPOSING CONDITIONS ON THE COUNTRY CLUB
VILLAS TENTATIVE SUBDIVISION MAP (PCS-01-10), A 2.25-ACRE, 31-
LOT CONDOMINIUM DEVELOPMENT FOR 21 SINGLE-F AMIL Y
DETACHED DWELLING UNITS, LOCATED AT 25/33 NAPLES STREET,
CHULA VISTA TRACT NO. CVT 01-10
8. CONSIDERATION OF APPROVAL OF AN AMENDMENT TO THE AMENDED
AND RESTATED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND THE EASTLAKE COMPANY, LLC FOR EASTLAKE III
(TRAILS, WOODS, VISTAS, BUSINESS CENTER II, OLYMPIC TRAINING
CENTER AND "LAND SWAP" PARCELS (PCM 02-03)
The proposed amendment to the Amended and Restated Development Agreement
incorporates the recently adopted EastLake III General Development Plan (GDP) and
Sectional Planning Area, which changes the maximum number of permitted dwelling
units in the Woods and Vistas neighborhoods, and modifies the park acreage requirement
within the EastLake III GDP area. It also changes the ownership of lands covered under
this agreement to the EastLake Company as the sole owner of the parcels involved.
(Director of Planning and Building)
Staff recommendation: Council conduct the public hearing and place the following
ordinance on first reading:
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AN AMENDMENT TO THE AMENDED AND RESTATED
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND THE EASTLAKE COMPANY, LLC, FOR EASTLAKE III (TRAILS,
WOODS, VISTAS, BUSINESS CENTER PHASE II, OLYMPIC TRAINING
CENTER AND "LAND SWAP" PARCELS)
Page 4 - Council Agenda 10/09/01
ACTION ITEMS
The items listed in this section of the agenda are expected to elicit substantial
discussion and deliberation by the Council, staff, or members of the public. The
items will be considered individually by the Council, and staff recommendations
may, in certain cases, be presented in the alternative. If you wish to speak on any
item, please fill out a "Request to Speak" form (available in the lobby) and
submit it to the City Clerk prior to the meeting.
9. CONSIDERATION OF ACCEPTANCE OF A REPORT ON THE FEASIBILITY
STUDY AND FINAL DESIGN FOR THE PROPOSED SKATE PARK AT GREG
ROGERS PARK
The Parks and Recreation Department has long realized that a need for a safe and secure
skate park venue exists in the City. In order to evaluate the viability of a skate park, a
consultant was hired to produce a feasibility study on a skate park located at Greg Rogers
Park, on the Campus of the Oleander Boys and Girls Club. The feasibility study, which
included two public workshops and a presentation at a Special Combined Meeting of the
Parks and Recreation Commission and the Boys and Girls Club Board of Directors, has
been completed. (Director of Parks and Recreation)
Staff recommendation: Council accept the report and final design, direct staff to begin
preparation of the construction documents, approve the tentative fundinglbudget
recommendation, and direct staff to develop an operational memorandum of
understanding with the Boys and Girls Club.
ITEMS PULLED FROM THE CONSENT CALENDAR
OTHER BUSINESS
10. CITY MANAGER'S REPORTS
A. Scheduling of meetings.
11. MAYOR'S REPORTS
A. Ratification of appointment to the Town Center Project Area Commission -
Penny Rossi.
B. Ratification of appointment to the Library Board of Trustees - Eduardo Valerio.
12. COUNCIL COMMENTS
ADJOURNMENT to a Regular Meeting of October 16, 2001, at 6:00 p.m. in the Council
Chambers.
Page 5 - Council Agenda 10/09/01
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CllY OF
CHUrA VISTA
OFFICE OFTHE CITY ATTORNEY
Date: October 4, 2001
To: The Honorable Mayor and City Council
From: John M. Kaheny, city Attorney ~
Re: Report Regarding Actions Taken in Closed session
for the Meeting of 10/2/01
The City Council of the city of Chula Vista met in Closed session
in a regular meeting on 10/2/01 to discuss:
. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(C)
One Case
. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A)
Tuchscher Development Enterprises, Inc. v. City of Chula Vista
(Case No GIC 758620)
Itam Plastering, Inc. v. City of Chula vista (Case No. IS
5571)
The 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.
JMK: 19k
J, \Attorney\LETTER\CLOSED SESSION No Reportable -
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276 FOURTH AVENUE. CHULA VISTA. CALIFORNIA 91910' (619) 691-5037' FAX (619) 409-5823
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COUNCIL AGENDA STATEMENT
Item
Meeting Date lO/9/200l
ITEM TITLE: Resolution Approving two agreements with Hunsaker &
Associates, San Diego, Inc. (Hunsaker), and with Lintvedt, McColl &
Associates (LMA), for Professional Land Surveying Consulting Services
required for various Capital Improvement Program (ClP) projects during
their design and construction phases
SUBMITTED BY: Director of Public worP?fv
pI
REVIEWED BY: City Manag (4/Sths Vote: Yes_No~
Due to the current pace of numerous CIP projects and development in the "Eastern Territories,"
the City has identified the need to enlist the assistance of land surveying consultants. The City
sought qualified consultants, with relevant work experience, to assist City staff in the design and
construction phases for these CIP projects.
RECOMMENDATION: That Council adopt the resolution approving two agreements with
Hunsaker & Associates, San Diego, Inc. (Hunsaker), and with Lintvedt, McColl & Associates
(LMA), for Professional Land Surveying Consulting Services required for various Capital
Improvement Program (CIP) projects during their design and construction phases.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
BACKGROUND
The Survey Section staff consists of 6 full time staff and one intern. In the past the Survey
Section staff has provided full service land surveying services for general maintenance and all CIP
projects. Those tasks include:
. Response to dig alerts for City projects and emergency repairs.
. Monument preservation including research, tie outs, resets, and preparation of corner
records and/or record of surveys.
. Control surveys, both conventional and GPS, including calculations and map preparation.
. Topographic engineering design field surveys and map drafting.
. Map checking for new land development projects.
. Monument inspection for new land development projects.
. Construction staking, including field staking and preparation of staking calculations.
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Page 2, Item 3
Meeting Date 10/9/200l
It was assumed that City Survey Section staff would continue to be able to perform said tasks.
However, over the last two years the Survey Section developed a substantial backlog and also now
has a heavier workload than was originally anticipated due to:
a. Growth in the eastern territories, which has created a larger volume of monument
inspections. This workload has increased to the equivalent of about 1.5 persons per year.
b. Numerous CIP design projects have begun, including: Palomar Street Reconstruction,
Industrial to 1-5 (ST922); Minor Pavement Overlay (STL252); Major Pavement Overlay
(STL267); Otay Valley Road (OVOO\); Emerson Street Storm Drain (DR133); Oxford
Street Storm Drain (DR931); Dixon Drive Improvements (STL257). This workload has
increased to the equivalent of about 1.5 persons per year.
c. Numerous smaller CIP construction projects require significant monument preservation
efforts. This workload has increased to the equivalent of about 1 person per year.
JUSTIFICATION FOR A PROJECT MANAGEMENT CONSULTANT
It is critical that the topographic engineering design surveys, monument preservation and
construction surveying work for the existing and future CIP Projects be performed in a timely
manner so that construction is not delayed. Staff has determined that it would be more cost-
effective and more time responsive to secure the assistance of land surveying consultants for the
following reasons:
1. We do not anticipate that the pace of CIP projects and land development will continue for
more than the next few years, and do not see the need to hire additional permanent staff.
2. Construction of the City's CIP projects are currently set to proceed at a very fast pace, and
the land surveying consultants and will be able to begin work without delay.
3. The City made commitments to the developers within the region to assist in expediting
their projects as an accommodation for the grants made by the developers towards the
university site.
The following are alternatives to staff's recommendation to contracting for land surveying
services:
1. Include monument preservation and construction staking with the construction contracts.
Not Recommended: The time needed to perform monument preservation work would
cause at least a month of delay in the start of the actual construction, and the time needed
to prepare for construction staking could cause a delay in the beginning of the actual
construction. There are numerous unusual and difficult staking efforts in almost all CIP
rehabilitation projects. The City cannot afford errors or delays. Additionally, it is very
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Page 3, Item :5
Meeting Date 10/9!200l
difficult to oversee the work of a professional services subcontractor hired by the
contractor and there is a high potential for poor quality and higher cost.
2. Increase Survey Section Staff to accommodate the work load. Not Recommended: There is
not a ready pool of skilled surveyors that would be available for temporary work to fill the
needs for this project and staff does not anticipate a long-term, continued workload to
justify hiring additional permanent staff. Additionally, the recruitment and selection
process is potentially lengthy and would cause a delay in construction.
Based on the reasons outlined above, staffrecommends that land surveying services contracts be
authorized.
CONSULTANT SELECTION PROCESS
In late June 200 I, an RFP was sent to several firms that staff felt are qualified to provide these services.
The RFP was also advertised in the San Diego Union-Tribune in July and the announcement was also
placed in the San Diego Chapter ofthe California Land Surveyors Association newsletter and on the
American Public Works Association web site in order to obtain the highest number of qualified
respondents. Proposals were received July 31, 200 I from nine (9) consulting firms qualified to
provide professional land surveying services.
It is anticipated that the contract amount for these services will be in excess of$50,000. In accordance
with City ordinances and policies, the City Manager authorized the following people to act as a
selection committee to evaluate the proposals, prepare a list ranking the responding firms, and submit a
recommendation to the City Engineer:
Jack Griffin, Principal Management Assistant
Kirk Ammerman, Senior Civil Engineer
Peter Ehlert, Land Surveyor
Matt Little, Civil Engineer
The selection committee evaluated and ranked the proposals. The ranking was based on an
evaluation criteria that included the following; the consultant's experience, the capacity to perform
the work, the quality of the management team, the grasp of the project requirements,
responsiveness to the scope of work, the quality and clarity of the proposal, familiarity with the
local area and the cost proposal.
Four firms were selected for interviews on September 4,2001:
Hunsaker & Associates, San Diego, Inc.
Lintvedt, McColl & Associates
Pountney Consulting Group, Inc.
Nolte Associates, Inc.
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Page 4, Item ,3
Meeting Date lO/9/200l
Upon the conclusion of the consultant interviews and deliberations by the consultant selection
committee, the committee reached a decision on the ranking of the consultants. Hunsaker &
Associates, San Diego, Inc. (Hunsaker) and Lintvedt, McColl & Associates (LMA) were selected as
the two top ranking firms. Fee schedules and contract details have been successfully negotiated.
The terms of these contracts are on an hourly rate with a limitation of $500,000 without further
authorization. It is the selection committee's belief that both of these firms will spend
approximately the same number of base hours to complete these projects. Based on their
knowledge of the area and the issues and in conjunction with the rates, it was the selection
committee's opinion that Hunsaker & Associates, San Diego, Inc. (Hunsaker) and Lintvedt,
McColl & Associates (LMA) best met these criteria.
SCOPE OF WORK
Consultants will provide various land surveying services as described above for City projects on
an as-needed basis. Each work assignment will include the tasks and deliverables unique to that
particular task. Payment shall be on an hourly basis for time spent on each City project.
Consultants will provide:
A. Land Surveying services for City-funded projects before, during, and after construction
operations. The Consultant may be required to make recommendations regarding alternate
methods and procedures based upon previous land surveying efforts and upon the
Consultant's own observations. The number and scope of such projects will vary from
year to year.
The City, in many cases, will provide the Consultant with land surveying data that has been
prepared by City staff and/or by other finns.
B. Personnel that are experienced in all phases of technical and professional land surveying to
satisfy the requirements of the Consultant contract. Knowledge of City codes, procedures,
and regulations is highly desirable. The City shall have the right to make a determination
as to the qualifications of individual personnel and shall have the right to require
substitution of non-qualified individuals with qualified personnel.
C. Personnel are to provide land surveying services in response to the City's request for such
services. The time and location at which land surveying is required shall be determined by
the City Engineer. However, requests for land surveying services shall be made with
prior working day's notice by the City.
D. Professionally maintained and calibrated instruments and devices to be utilized in the field.
E. Consultant will provide the City with all original field notes, data, reports, records, etc. of
field and office tasks. Further, the Consultant shall maintain copies of all records related
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Page 5, Item 3
Meeting Date lO/9/200l
to field and office tasks performed under the contract for a minimum of five years from the
date of the survey, calculations, report, etc. This period may be extended during the
course of any unresolved litigation or when requested by the City of Chula Vista at no
additional cost.
The Consultant's Project Managers will, as needed, in conjunction with City's Construction
Section staff, participate in meetings with City staff, design engineers, the contractors, developers,
property owners, other public agencies, utility companies, and other parties who may have a
vested interest in the projects.
The Consultant's Project Managers shall, in conjunction with City's Construction Section staff,
ensure that the various projects are constructed in accordance with the design plans and
specifications.
CONCLUSION
The consultants will assist the Survey Section staff in being cost effective and responsive to
ultimately complete these various CIP projects and would be acting as an extension of staff. Staff
and the developers as well as the general public will benefit immensely from these projects since
the impact of these CIP projects greatly affects the long-term growth of the City. Based on all the
justifications already discussed above, staff recommends that Council approve the resolution.
FISCAL IMP ACT: The approval of this resolution would not authorize the expenditure of any
additional funds. All funding for the Consultant's services will be from funds already allocated for
CIP projects.
File: KYOO1 9/26/01 10;58;33 AM
J:\ENGlNEER\aGENDA\Survey On-Call.AI13.doc
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RESOLUTION NO. 200l-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING TWO AGREEMENTS WITH
HUNSAKER & ASSOCIATES, SAN DIEGO, INC. (HUNSAKER),
AND WITH LINTVEDT, McCOLL & ASSOCIATES (LMA), FOR
PROFESSIONAL LAND SURVEYING CONSULTING SERVICES
REQillRED FOR VARIOUS CAPITAL IMPROVEMENT
PROGRAM (CIP) PROJECTS DURING THEIR DESIGN AND
CONSTRUCTION PHASES, AND AUTHORIZING THE MAYOR
TO EXECUTE SAID AGREEMENTS
WHEREAS, due to the current pace of numerous CIP projects and development in the "Eastern
Territories", the City has identified the need to enlist the assistance of land surveying consultants; and
WHEREAS, in June 2001, an RFP was sent to several firms qualified to provide these services;
and
WHEREAS, the selection committee evaluated and ranked the proposals based on an evaluation
criteria that included: experience, capacity to perform the work, quality of the management team, grasp of
the project requirements, responsiveness to the scope of work, quality and clarity of the proposal,
familiarity with the local area and the cost proposal; and
WHEREAS, four finns were selected for interviews and upon the conclusion of the interviews, the
committee selected Hunsaker & Associates, San Diego, Inc, and Lintvedt, McColl & Associates as the two
top ranking firms; and
WHEREAS, fee schedules and contract details have been successfully negotiated,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista, does
hereby approve two Agreements with Hunsaker & Associates, San Diego, Inc. and with Lintvedt, McColl
& Associates, for Professional Land Surveying Consulting Services required for various Capital
Improvement Program projects during their design and construction phases, copies of which shall be kept
on tile 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.
PRESENTED BY: APPROVED AS TO FORM BY:
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John P. Lippitt
Director of Public Works
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Parties and Recital Page(s) OR ~f1
Agreement between
City ofChula Vista
and
Hunsaker and Associates, San Diego, Inc.
for
Land Surveying Consulting Services
This agreement (" Agreement"), dated for the purposes of reference
only, and effective as of the date last executed unless another date is otherwise specified in Exhibit
A, Paragraph I is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such
("City"), whose business form is set forth on Exhibit A, paragraph 3, and the entity indicated on the
attached Exhibit A, paragraph 4, as Consultant, whose business form is set forth on Exhibit A,
paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A,
paragraph 6 ("Consultant"), and is made with reference to the following facts:
Recitals
Whereas, The City desires to have Land Surveying Consulting Services in conjunction
with various capital improvement projects in which it engages and in conjunction with
monument preservation, engineering design surveys, construction surveys, and property
acquisition surveys; and,
Whereas, Consultant desires to perform these services for the City at the price and terms
herein specified; and,
Whereas, Consultant warrants and represents that they are experienced and staffed in a
manner such that they are and can prepare and deliver the services required of Consultant to City
within the time frames herein provided all in accordance with the terms and conditions of this
Agreement;
Page 1
.3- 7
Obligatory Provisions Pages
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby
mutually agree as follows:
1. Consultant's Duties
A. General Duties
Consultant shall perform all of the services described on the attached Exhibit A,
Paragraph 7, entitled "General Duties"; and,
B. Scope of Work and Schedule
In the process of performing and delivering said "General Duties", Consultant shall also
perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and
Schedule", not inconsistent with the General Duties, according to, and within the time frames set
forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit
A, Paragraph 8, within the time frames set forth therein, time being of the essence of this
agreement. The General Duties and the work and deliverables required in the Scope of Work
and Schedule shall be herein referred to as the "Defined Services". Failure to complete the
Defined Services by the times indicated does not, except at the option of the City, operate to
terminate this Agreement.
C. Reductions in Scope of Work
City may independently, or upon request from Consultant, from time to time reduce the
Defined 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.
D. Additional Services
In addition to performing the Defined Services herein set forth, City may require
Consultant to perform additional consulting services related to the Defined Services ("Additional
Services"), and upon doing so in writing, if they are within the scope of services offered by
Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in
the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed fee is otherwise
agreed upon. All compensation for Additional Services shall be paid monthly as billed.
Page 2
.3-f
E. Standard of Care
Consultant, in performing any Services under this agreement, whether Defined Services
or Additional Services, shall perform in a 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.
F. Insurance
Consultant represents that it and its agents, staff and sub consultants 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:
Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage
in the amount set forth in the attached Exhibit A, Paragraph 9.
Commercial General Liability Insurance including Business Automobile Insurance
coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied
separately to each project away from premises owned or rented by Consultant, which names City
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 in the same manner as
members of the general public ("Cross-liability Coverage").
Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless
Errors and Omissions coverage is included in the General Liability policy.
G. Proof ofInsurance Coverage.
(1) Certificates of Insurance.
Consultant shall demonstrate proof of coverage herein required, prior to the
commencement of services required under this Agreement, by delivery of Certificates of
Insurance demonstrating same, and further indicating that the policies may not be canceled
without at least thirty (30) days written notice to the Additional Insured.
(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 demonstrating same, which
shall be reviewed and approved by the Risk Manager.
H. Security for Performance.
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(I) Performance Bond.
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to
provide a Performance Bond (indicated by a check mark in the parenthetical space immediately
preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the
City a performance bond by a surety and in a form and amount satisfactory to the Risk Manager
or City Attorney which amount is indicated in the space adjacent to the term, "Performance
Bond", in said Paragraph 19, Exhibit A.
(2) Letter of Credit.
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to
provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately
preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City
an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to
the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms
of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount
satisfactory to the Risk Manager or City Attorney which amount is indicated in the space
adjacent to the term, "Letter of Credit", in said Paragraph 19, Exhibit A.
(3) Other Security
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to
provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark
in the parenthetical space immediately preceding the subparagraph entitled "Other Security"),
then Consultant shall provide to the City such other security therein listed in a form and amount
satisfactory to the Risk Manager or City Attorney.
1. Business License
Consultant agrees to obtain a business license from the City and to otherwise comply
with Title 5 of the Chula Vista Municipal Code.
2. Duties of the City
A. Consultation and Cooperation
City shall regularly consult the Consultant for the purpose of reviewing the progress of
the Defined Services and Schedule therein contained, and to provide direction and guidance to
achieve the objectives of this agreement. The City shall permit access to its office facilities, files
and records by Consultant throughout the term of the agreement. In addition thereto, City agrees
to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and
with the further understanding that delay in the provision of these materials beyond 30 days after
authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's
performance of this agreement.
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B. Compensation
Upon receipt of a properly prepared billing from Consultant submitted to the City
periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than
monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate
Consultant for all services rendered by Consultant according to the terms and conditions set forth
in Exhibit A, Paragraph 11, adjacent to the governing compensation relationship indicated by a
"checkmark" next to the appropriate arrangement, subject to the requirements for retention set
forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses
as provided in Exhibit A, Paragraph 12.
All billings submitted by Consultant shall contain sufficient information as to the
propriety of the billing to permit the City to evaluate that the amount due and payable thereunder
is proper, and shall specifically contain the City's account number indicated on Exhibit A,
Paragraph 18 (C) to be charged upon making such payment.
3. Administration of Contract
Each party designates the individuals ("Contract Administrators") indicated on Exhibit A,
Paragraph 13, as said party's contract administrator who is authorized by said party to represent
them in the routine administration of this agreement.
4. Term.
This Agreement shall terminate when the Parties have complied with all executory
provisions hereof.
5. Liquidated Damages
The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit
A, Paragraph 14.
It is acknowledged by both parties that time is of the essence in the completion of this
Agreement. It is difficult to estimate the amount of damages resulting from delay in per-
formance. The parties have used their judgment to arrive at a reasonable amount to compensate
for delay.
Failure to complete the Defined Services within the allotted time period specified in this
Agreement shall result in the following penalty: For each consecutive calendar day in excess of
the time specified for the completion of the respective work assignment or Deliverable, the
consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated
Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate").
Time extensions for delays beyond the consultant's control, other than delays caused by
the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to
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the expiration of the specified time. Extensions of time, when granted, will be based upon the
effect of delays to the work and will not be granted for delays to minor portions of work unless it
can be shown that such delays did or will delay the progress of the work.
6. Financial Interests of Consultant
A. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 15, 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 economic interests to the City Clerk on the required
Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of
Exhibit A, or if none are specified, then as determined by the City Attorney.
B. 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
govemmental decision in which Consultant knows or has reason to know Consultant has a
financial interest other than the compensation promised by this Agreement.
C. 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.
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D. 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.
E. 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.
F. 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 any property which may be the subject matter
of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of
any property which may be the subject matter ofthe Defined Services, ("Prohibited Interest"),
other than as listed in Exhibit A, Paragraph 15.
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 in connection with 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, except with the written permission of City.
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,
except with the written permission of City.
7. Hold Harmless
Consultant shall defend, indemnifY, protect and hold harmless the City, its elected and
appointed officers and employees, from 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 employee, subcontractors, or others in connection with the execution
ofthe work covered by this Agreement, except only for those claims arising from the sole
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negligence or sole willful misconduct of the City, its officers, or 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. Further, Consultant at its own expense shall, upon written request
by the City, defend any such suit or action brought against the City, its officers, agents, or
employees. Consultants' indemnification of City shall not be limited by any prior or subsequent
declaration by the Consultant.
8. Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a timely and proper manner
Consultant's obligations under this Agreement, or if Consultant shall violate any of the
covenants, agreements or stipulations of this Agreement, City shall have the right to terminate
this Agreement by giving written notice to Consultant of such termination and specifying the
effective date thereof at least five (5) days before the effective date of such termination. In that
event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and
other materials prepared by Consultant shall, at the option of the City, become the property of the
City, and Consultant shall be entitled to receive just and equitable compensation for any work
satisfactorily completed on such documents and other materials up to the effective date of Notice
of Termination, not to exceed the amounts payable hereunder, and less any damages caused City
by Consultant's breach.
9. Errors and Omissions
In the event that the City Administrator determines that the Consultants' negligence,
errors, or omissions in the performance of work under this Agreement has resulted in expense to
City greater than would have resulted if there were no such negligence, errors, omissions,
Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein
is intended to limit City's rights under other provisions of this agreement.
10. Termination of Agreement for Convenience of City
City may terminate this Agreement at any time and for any reason, by giving specific
written notice to Consultant of such termination and specifying the effective date thereof, at least
thirty (30) days before the effective date of such termination. In that event, all finished and
unfinished documents and other materials described hereinabove shall, at the option of the City,
become City's sole and exclusive property. If the Agreement is terminated by City as provided in
this paragraph, Consultant shall be entitled to receive just and equitable compensation for any
satisfactory work completed on such documents and other materials to the effective date of such
termination. Consultant hereby expressly waives any and all claims for damages or
compensation arising under this Agreement except as set forth herein.
11. Assignability
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The services of Consultant are personal to the City, and Consultant shall not assign any
interest in this Agreement, and shall not transfer any interest in the same (whether by assignment
or novation), without prior written consent of City. City hereby consents to the assignment of
the portions of the Defined Services identified in Exhibit A, Paragraph 17 to the subconsultants
identified thereat as "Permitted Subconsultants".
12. 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 shall
have unrestricted authority to publish, disclose (except as may be limited by the provisions of the
Public Records Act), 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.
13. Independent Contractor
City is interested only in the results obtained and Consultant shall perform as an
independent contractor with sole control of the manner and means of performing the services
required under this Agreement. City maintains the right only to reject or accept Consultant's
work products. Consultant and any of the Consultant's agents, employees or representatives are,
for all purposes under this Agreement, an independent contractor and shall not be deemed to be
an employee of City, and none of them shall be entitled to any benefits to which City employees
are entitled including but not limited to, overtime, retirement benefits, worker's compensation
benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal
income tax, social security tax or any other payroll tax, and Consultant shall be solely
responsible for the payment of same and shall hold the City harmless with regard thereto.
14. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this agreement, against the City
unless a claim has first been presented in writing and filed with the City and acted upon by the
City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal
Code, as same may from time to time be amended, the provisions of which are incorporated by
this reference as if fully set forth herein, and such policies and procedures used by the City in the
implementation of same.
Upon request by City, Consultant shall meet and confer in good faith with City for the
purpose of resolving any dispute over the terms of this Agreement.
15. Attorney's Fees
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Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing
party shall 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.
16. Statement of Costs
In the event that Consultant prepares a report or document, or participates in the
preparation of a report or document in performing the Defined Services, Consultant shall
include, or cause the inclusion of, in said report or document, a statement of the numbers and
cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or
document.
17. Miscellaneous
A. Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consultant shall have no authority to
act as City's agent to bind City to any contractual agreements whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals
is/are licensed with the State of California or some other state as a licensed real estate broker or
salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are
licensed real estate brokers or salespersons.
C. 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 herein as the places of business for each of the designated
parties.
D. 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.
E. Capacity of Parties
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Each signatory and party hereto hereby warrants and represents to the other party that it
has legal authority and capacity and direction from its principal to enter into this Agreement, and
that all resolutions or other actions have been taken so as to enable it to enter into this
Agreement.
F. 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.
[end of page. next page is signature page.]
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Signature Page
to
Agreement between City of Chula Vista and Hunsaker and Associates, San Diego, Inc.
for Land Surveying Consulting Services
IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby
indicating that they have read and understood same, and indicate their full and complete consent
to its terms:
Dated: ,200 - City ofChula Vista
by:
Shirley Horton, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to form:
John M. Kaheny, City Attorney
Dated: Hunsaker and Associates, San Diego, Inc.
By:
David Hammar, President
Exhibit List to Agreement
(X) Exhibit A.
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Exhibit A
to
Agreement between
City ofChula Vista
and
[Name of Consultant]
I. Effective Date of Agreement:
2. City-Related Entity:
() City ofChula Vista, a municipal chartered corporation of the State of California
() Redevelopment Agency ofthe City ofChula Vista, a political subdivision of the
State of California
() Industrial Development Authority of the City ofChula Vista, a
() Other: , a [insert business
form]
("City")
3. Place of Business for City:
City ofChula Vista,
276 Fourth Avenue,
Chula Vista, CA 91910
4. Consultant:
5. Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
10179 Huennekens St. Suite 200
San Diego, California 992121
Voice Phone (858) 558-4500
Fax Phone (858) 558-1414
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7. General Duties:
A. Land Surveying services for City-funded projects before, during, and after construction
operations. The Consultant may be required to make recommendations regarding alternate
methods and procedures based upon previous Land Surveying efforts and upon the
Consultant's own observations. The number and scope of such projects will vary from year-
to-year.
The City, in many cases, will provide the Consultant with Land Surveying data that has
been prepared by City staff and/or by other firms.
B. Personnel that are experienced in all phases of Technical and Professional Land
Surveying to satisfy the requirements of the Consultant contract. Knowledge of City codes,
procedures, and regulations is highly desirable. The City shall have the right to make a
determination as to the qualifications of individual personnel and shall have the right to
require substitution of non-qualified individuals with qualified personnel.
C. Personnel are to provide Land Surveying services in response to the City's request for
such services. The time and location at which Land Surveying is required shall be
determined by the City Engineer. However, requests for Land Surveying services shall be
made with prior working day's notice by the City.
D. Professionally maintained and calibrated instruments and devices to be utilized in the
field.
E. Consultant will provide the City with all original field notes, data, reports, records, etc. of
field and office tasks. Further, the Consultant shall maintain copies of all records related to
field and office tasks performed under the contract for a minimum of five years from the date
of the survey, calculations, report, etc. This period may be extended during the course of any
unresolved litigation or when requested by the City of Chula Vista at no additional cost.
F. Billing forms and procedures acceptable to the City.
G. Consultant will provide separate invoices for each City project identified. Each invoice will
list all work performed on each project. Invoice shall show total amount billed to date for
the project, payments received, and amount due. All work elements shall be itemized: i.e.
work performed, personnel charges/hours, reimbursable costs, etc.
H. The Consultant will forfeit payment for work performed and billed to City more than sixty
(60) calendar days after performance of work.
8. Scope of Work and Schedule:
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A. Detailed Scope of Work:
Consultant will provide various Land Surveying Services as described above for City projects on
an as needed basis. Each work assignment will include the tasks and deliverables unique to that
particular task. Payment shall be on an hourly basis for time spent on each City project.
B. Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
( ) Other:
C. Dates or Time Limits for Delivery ofDeliverables:
Deliverable No. I:
Deliverable No.2:
Deliverable No.3:
D. Date for completion of all Consultant services:
June 30, 2003. City has the option to extend this agreement for 2 additional one year
periods. Said extension shall be by mutual agreement between City and Consultant. The City
Contract Administrator shall give notice of election to extend this agreement by sending notice
by letter to Consultant not later than three months prior to the expiration of the term.
9. Insurance Requirements:
(X) Statutory Worker's Compensation Insurance
(X) 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).
10. Materials Required to be Supplied by City to Consultant:
11. Compensation:
A. () Single Fixed Fee Arrangement.
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For performance of all of the Defined Services by Consultant as herein required, City
shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables
set forth below:
Single Fixed Fee Amount: , payable as follows:
Milestone or Event or Deliverable Amount or Percent of Fixed Fee
() 1. Interim Monthly Advances. The City shall make interim monthly
advances against the compensation due for each phase on a percentage of
completion basis for each given phase such that, at the end of each phase
only the compensation for that phase has been paid. Any payments made
hereunder shall be considered as interest free loans which must be
returned to the City if the Phase is not satisfactorily completed. If the
Phase is satisfactorily completed, the City shall receive credit against the
compensation due for that phase. The retention amount or percentage set
forth in Paragraph 19 is to be applied to each interim payment such that, at
the end of the phase, the full retention has been held back from the
compensation due for that phase. Percentage of completion of a phase
shall be assessed in the sole and unfettered discretion by the Contracts
Administrator designated herein by the City, or such other person as the
City Manager shall designate, but only upon such proof demanded by the
City that has been provided, but in no event shall such interim advance
payment be made unless the Contractor shall have represented in writing
that said percentage of completion ofthe phase has been performed by the
Contractor. The practice of making interim monthly advances shall not
convert this agreement to a time and materials basis of payment.
B. () Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the Defined Services by Consultant as
are separately identified below, City shall pay the fixed fee associated with each phase of
Services, in the amounts and at the times or milestones or Deliverables set forth. Consultant
shall not commence Services under any Phase, and shall not be entitled to the compensation for a
Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase.
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:B-)',À
Phase Fee for Said Phase
1. $
2. $
3. $
() I. Interim Monthly Advances. The City shall make interim monthly
advances against the compensation due for each phase on a percentage of
completion basis for each given phase such that, at the end of each phase
only the compensation for that phase has been paid. Any payments made
hereunder shall be considered as interest tree loans which must be
returned to the City if the Phase is not satisfactorily completed. If the
Phase is satisfactorily completed, the City shall receive credit against the
compensation due for that phase. The retention amount or percentage set
forth in Paragraph 19 is to be applied to each interim payment such that, at
the end of the phase, the full retention has been held back from the
compensation due for that phase. Percentage of completion of a phase
shall be assessed in the sole and unfettered discretion by the Contracts
Administrator designated herein by the City, or such other person as the
City Manager shall designate, but only upon such proof demanded by the
City that has been provided, but in no event shall such interim advance
payment be made unless the Contractor shall have represented in writing
that said percentage of completion of the phase has been performed by the
Contractor. The practice of making interim monthly advances shall not
convert this agreement to a time and materials basis of payment.
C. (X) Hourly Rate Arrangement
For performance of the Defined Services by Consultant as herein required, City shall pay
Consultant for the productive hours of time spent by Consultant in the performance of said
Services, at the rates or amounts set forth in the Rate Schedule hereinbelow according to the
following terms and conditions:
(I) () Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and materials in
excess of said Maximum Compensation amount, Consultant agrees that
Consultant will perform all of the Defined Services herein required of Consultant
for $ including all Materials, and other "reimbursables"
("Maximum Compensation").
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¡j-J,,3
(2) (X) Limitation without Further Authorization on Time and Materials
Arrangement
At such time as Consultant shall have incurred time and materials equal to
$500,000.00 ("Authorization Limit"), Consultant shall not be entitled to anyaddi-
tional compensation without further authorization issued in writing and approved
by the City. Nothing herein shall preclude Consultant from providing additional
Services at Consultant's own cost and expense.
Rate Schedule
Category of Employee Hourly
of Consultant Rate
Licensed Land Surveyor, Project Manager $108
Senior Survey Technician (LSIT, Assistant PM) $94
Computer Technician, data processing $80
One Person Survey Crew (prevailing wage) $138
Two Person Survey Crew (prevailing wage) $176
Three Person Survey Crew (prevailing wage) $214
Authorized costs for printing, materials, and special equipment will be charged at cost plus 15%
( ) Hourly rates may increase by 6% for services rendered after [month], 19 ,
if delay in providing services is caused by City.
12. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant in the performance of
services herein required, City shall pay Consultant at the rates or amounts set forth below:
() None, the compensation includes all costs.
Cost or Rate
() Reports, not to exceed $_:
() Copies, not to exceed $_:
() Travel, not to exceed $_:
() Printing, not to exceed $_:
() Postage, not to exceed $_:
() Delivery, not to exceed $_:
() Long Distance Telephone Charges,
not to exceed $_.
() Other Actual Identifiable Direct Costs:
, not to exceed $_:
, not to exceed $_:
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..3- :(.f
13. Contract Administrators:
City: Kirk Ammerman or Peter Ehlert
1800 Maxwell Road
Chula Vista, Ca 91911
Voice Phone: (619) 397-6144
FAX Phone: (619) 397-6254
Consultant: Daniel Smith
10179 Huennekens St. Suite 200
San Diego, California 992121
Voice Phone (858) 558-4500
Fax Phone (858) 558-1414
14. Liquidated Damages Rate:
( )$_perday.
( ) Other:
15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict ofInterest
Code:
(X) Not Applicable. Not an FPPC Filer.
( ) FPPC Filer
( ) Category No.1. Investments and sources of income.
() Category No.2. Interests in real property.
( ) Category No.3. Investments, interest in real property and sources of
income subject to the regulatory, permit or licensing authority of the
department.
( ) Category No.4. Investments in business entities and sources of income
which engage in land development, construction or the acquisition or sale
of real property.
() Category No.5. Investments in business entities and sources of income of
the type which, within the past two years, have contracted with the City of
Chula Vista (Redevelopment Agency) to provide services, supplies,
materials, machinery or equipment.
( ) Category No.6. Investments in business entities and sources of income of
the type which, within the past two years, have contracted with the
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.3-..:( 5'
designated employee's department to provide services, supplies, materials,
machinery or equipment.
( ) Category No.7. Business positions.
( ) List "Consultant Associates" interests in real property within 2 radial miles of Project
Property, if any:
16. ( ) Consultant is Real Estate Broker and/or Salesman
17. Permitted Subconsultants:
18. Bill Processing:
A. Consultant's Billing to be submitted for the following period of time:
(X) Monthly
(X) Quarterly
(X) Other:
B. Day of the Period for submission of Consultant's Billing:
( ) First of the Month
(X) 15th Day of each Month
( ) End of the Month
( ) Other:
C. City's Account Number: Varies from Project to Project
19. Security for Performance
( ) Performance Bond, $
( ) Letter of Credit, $
( ) Other Security:
Type:
Amount: $
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,3-.,.2b
(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, either the following "Retention
Percentage" or "Retention Amount" until the City determines that the Retention
Release Event, listed below, has occurred:
(X) Retention Percentage: 10%
( ) Retention Amount: $
Retention Release Event:
( ) Completion of All Consultant Services
(X) Other: Completion and Delivery of Proj ect Task
H:\ENGINEERIsurveyIHunsaker On Call Survey contract.doc
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Parties and Recital Page(s)
Agreement between
City ofChula Vista
and
Lintvedt, McColl & Associates.
for
Land Surveying Consulting Services
This agreement ("Agreement"), dated for the purposes of reference
only, and effective as ofthe date last executed unless another date is otherwise specified in Exhibit
A, Paragraph I is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such
("City"), whose business form is set forth on Exhibit A, paragraph 3, and the entity indicated on the
attached Exhibit A, paragraph 4, as Consultant, whose business form is set forth on Exhibit A,
paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A,
paragraph 6 ("Consultant"), and is made with reference to the following facts:
Recitals
Whereas, The City desires to have Land Surveying Consulting Services in conjunction
with various capital improvement projects in which it engages and in conjunction with
monument preservation, engineering design surveys, construction surveys, and property
acquisition surveys; and,
Whereas, Consultant desires to perform these services for the City at the price and terms
herein specified; and,
Whereas, Consultant warrants and represents that they are experienced and staffed in a
manner such that they are and can prepare and deliver the services required of Consultant to City
within the time frames herein provided all in accordance with the terms and conditions of this
Agreement;
Page I
~-~¡;
Obligatory Provisions Pages
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby
mutually agree as follows:
1. Consultant's Duties
A. General Duties
Consultant shall perform all of the services described on the attached Exhibit A,
Paragraph 7, entitled "General Duties"; and,
B. Scope of Work and Schedule
In the process of performing and delivering said "General Duties", Consultant shall also
perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and
Schedule", not inconsistent with the General Duties, according to, and within the time frames set
forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit
A, Paragraph 8, within the time frames set forth therein, time being ofthe essence of this
agreement. The General Duties and the work and deliverables required in the Scope of Work
and Schedule shall be herein referred to as the "Defined Services". Failure to complete the
Defined Services by the times indicated does not, except at the option of the City, operate to
terminate this Agreement.
C. Reductions in Scope of Work
City may independently, or upon request from Consultant, from time to time reduce the
Defined 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.
D. Additional Services
In addition to performing the Defined Services herein set forth, City may require
Consultant to perform additional consulting services related to the Defined Services ("Additional
Services"), and upon doing so in writing, if they are within the scope of services offered by
Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in
the "Rate Schedule" in Exhibit A, Paragraph II (C), unless a separate fixed fee is otherwise
agreed upon. All compensation for Additional Services shall be paid monthly as billed.
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..3 -0<. J
E. Standard of Care
Consultant, in performing any Services under this agreement, whether Defined Services
or Additional Services, shall perform in a 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.
F. 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:
Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage
in the amount set forth in the attached Exhibit A, Paragraph 9.
Commercial General Liability Insurance including Business Automobile Insurance
coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied
separately to each project away from premises owned or rented by Consultant, which names City
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 in the same manner as
members of the general public ("Cross-liability Coverage").
Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless
Errors and Omissions coverage is included in the General Liability policy.
G. Proof ofInsurance Coverage.
(I) Certificates ofInsurance.
Consultant shall demonstrate proof of coverage herein required, prior to the
commencement of services required under this Agreement, by delivery of Certificates of
Insurance demonstrating same, and further indicating that the policies may not be canceled
without at least thirty (30) days written notice to the Additional Insured.
(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 demonstrating same, which
shall be reviewed and approved by the Risk Manager.
H. Security for Performance.
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~-.30
(1) Performance Bond.
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to
provide a Performance Bond (indicated by a check mark in the parenthetical space immediately
preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the
City a performance bond by a surety and in a form and amount satisfactory to the Risk Manager
or City Attorney which amount is indicated in the space adjacent to the term, "Performance
Bond", in said Paragraph 19, Exhibit A.
(2) Letter of Credit.
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to
provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately
preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City
an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to
the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms
ofthis Agreement. The letter of credit shall be issued by a bank, and be in a form and amount
satisfactory to the Risk Manager or City Attorney which amount is indicated in the space
adjacent to the term, "Letter of Credit", in said Paragraph 19, Exhibit A.
(3) Other Security
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to
provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark
in the parenthetical space immediately preceding the subparagraph entitled "Other Security"),
then Consultant shall provide to the City such other security therein listed in a form and amount
satisfactory to the Risk Manager or City Attorney.
1. Business License
Consultant agrees to obtain a business license from the City and to otherwise comply
with Title 5 of the Chula Vista Municipal Code.
2. Duties of the City
A. Consultation and Cooperation
City shall regularly consult the Consultant for the purpose of reviewing the progress of
the Defined Services and Schedule therein contained, and to provide direction and guidance to
achieve the objectives of this agreement. The City shall permit access to its office facilities, files
and records by Consultant throughout the term of the agreement. In addition thereto, City agrees
to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and
with the further understanding that delay in the provision of these materials beyond 30 days after
authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's
performance of this agreement.
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.3 -:3-1
B. Compensation
Upon receipt of a properly prepared billing from Consultant submitted to the City
periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than
monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate
Consultant for all services rendered by Consultant according to the terms and conditions set forth
in Exhibit A, Paragraph 11, adj acent to the governing compensation relationship indicated by a
"checkmark" next to the appropriate arrangement, subject to the requirements for retention set
forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses
as provided in Exhibit A, Paragraph 12.
All billings submitted by Consultant shall contain sufficient information as to the
propriety of the billing to permit the City to evaluate that the amount due and payable thereunder
is proper, and shall specifically contain the City's account number indicated on Exhibit A,
Paragraph 18 (C) to be charged upon making such payment.
3. Administration of Contract
Each party designates the individuals ("Contract Administrators") indicated on Exhibit A,
Paragraph 13, as said party's contract administrator who is authorized by said party to represent
them in the routine administration of this agreement.
4. Term.
This Agreement shall terminate when the Parties have complied with all executory
provisions hereof.
5. Liquidated Damages
The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit
A, Paragraph 14.
It is acknowledged by both parties that time is of the essence in the completion of this
Agreement. It is difficult to estimate the amount of damages resulting from delay in per-
formance. The parties have used their judgment to arrive at a reasonable amount to compensate
for delay.
Failure to complete the Defined Services within the allotted time period specified in this
Agreement shall result in the following penalty: For each consecutive calendar day in excess of
the time specified for the completion of the respective work assignment or Deliverable, the
consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated
Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate").
Time extensions for delays beyond the consultant's control, other than delays caused by
the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to
Page 5
:1-3..2...
the expiration of the specified time. Extensions of time, when granted, will be based upon the
effect of delays to the work and will not be granted for delays to minor portions of work unless it
can be shown that such delays did or will delay the progress of the work.
6. Financial Interests of Consultant
A. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 15, 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 economic interests to the City Clerk on the required
Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of
Exhibit A, or if none are specified, then as determined by the City Attorney.
B. 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.
C. 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.
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D. 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.
E. 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.
F. 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 any property which may be the subject matter
of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of
any property which may be the subject matter of the Defined Services, ("Prohibited Interest"),
other than as listed in Exhibit A, Paragraph 15.
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 in connection with 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 of this
Agreement, except with the written permission of City.
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,
except with the written permission of City.
7. Hold Harmless
Consultant shall defend, indemnify, protect and hold harmless the City, its elected and
appointed officers and employees, from and against all claims for damages, liability, cost and
expense (including without limitation attorneys' fees) arising out of the negligent acts or
omissions or willful misconduct of the Consultant, or any agent or employee, subcontractors, or
others in connection with the execution of the work covered by this Agreement, except only for
Page 7
:3 - 3'-/
those claims arising from the sole negligence or sole willful misconduct of the City, its officers,
or 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. Further, Consultant at its own
expense shall, upon written request by the City, defend any such suit or action brought against
the City, its officers, agents, or employees. Consultants' indemnification of City shall not be
limited by any prior or subsequent declaration by the Consultant.
8. Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a timely and proper manner
Consultant's obligations under this Agreement, or if Consultant shall violate any of the
covenants, agreements or stipulations of this Agreement, City shall have the right to terminate
this Agreement by giving written notice to Consultant of such termination and specifying the
effective date thereof at least five (5) days before the effective date of such termination. In that
event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and
other materials prepared by Consultant shall, at the option of the City, become the property of the
City, and Consultant shall be entitled to receive just and equitable compensation for any work
satisfactorily completed on such documents and other materials up to the effective date of Notice
of Termination, not to exceed the amounts payable hereunder, and less any damages caused City
by Consultant's breach.
9. Errors and Omissions
In the event that the City Administrator determines that the Consultants' negligence,
errors, or omissions in the performance of work under this Agreement has resulted in expense to
City greater than would have resulted if there were no such negligence, errors, omissions,
Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein
is intended to limit City's rights under other provisions of this agreement.
10. Termination of Agreement for Convenience of City
City may terminate this Agreement at any time and for any reason, by giving specific
written notice to Consultant of such termination and specifying the effective date thereof, at least
thirty (30) days before the effective date of such termination. In that event, all finished and
unfinished documents and other materials described hereinabove shall, at the option of the City,
become City's sole and exclusive property. If the Agreement is terminated by City as provided in
this paragraph, Consultant shall be entitled to receive just and equitable compensation for any
satisfactory work completed on such documents and other materials to the effective date of such
termination. Consultant hereby expressly waives any and all claims for damages or
compensation arising under this Agreement except as set forth herein.
11. Assignability
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.::3-35'"
The services of Consultant are personal to the City, and Consultant shall not assign any
interest in this Agreement, and shall not transfer any interest in the same (whether by assignment
or novation), without prior written consent of City. City hereby consents to the assignment of
the portions of the Defined Services identified in Exhibit A, Paragraph 17 to the subconsultants
identified thereat as "Permitted Subconsultants".
12. 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 shall
have unrestricted authority to publish, disclose (except as may be limited by the provisions ofthe
Public Records Act), 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.
13. Independent Contractor
City is interested only in the results obtained and Consultant shall perform as an
independent contractor with sole control of the manner and means of performing the services
required under this Agreement. City maintains the right only to reject or accept Consultant's
work products. Consultant and any of the Consultant's agents, employees or representatives are,
for all purposes under this Agreement, an independent contractor and shall not be deemed to be
an employee of City, and none of them shall be entitled to any benefits to which City employees
are entitled including but not limited to, overtime, retirement benefits, worker's compensation
benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal
income tax, social security tax or any other payroll tax, and Consultant shall be solely
responsible for the payment of same and shall hold the City harmless with regard thereto.
14. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this agreement, against the City
unless a claim has first been presented in writing and filed with the City and acted upon by the
City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal
Code, as same may from time to time be amended, the provisions of which are incorporated by
this reference as if fully set forth herein, and such policies and procedures used by the City in the
implementation of same.
Upon request by City, Consultant shall meet and confer in good faith with City for the
purpose of resolving any dispute over the terms of this Agreement.
15. Attorney's Fees
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Should a dispute arising out ofthis Agreement result in litigation, it is agreed that the prevailing
party shall 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.
16. Statement of Costs
In the event that Consultant prepares a report or document, or participates in the
preparation of a report or document in performing the Defined Services, Consultant shall
include, or cause the inclusion of, in said report or document, a statement ofthe numbers and
cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or
document.
17. Miscellaneous
A. Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consultant shall have no authority to
act as City's agent to bind City to any contractual agreements whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals
is/are licensed with the State of California or some other state as a licensed real estate broker or
salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are
licensed real estate brokers or salespersons.
C. 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 herein as the places of business for each ofthe designated
parties.
D. 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
subj ect 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.
E. Capacity of Parties
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Each signatory and party hereto hereby warrants and represents to the other party that it
has legal authority and capacity and direction from its principal to enter into this Agreement, and
that all resolutions or other actions have been taken so as to enable it to enter into this
Agreement.
F. GoverningLawNenue
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 ofChula Vista, or as close thereto as possible. Venue for this Agreement, and
performance hereunder, shall be the City ofChula Vista.
[end of page. next page is signature page.]
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Signature Page
to
Agreement between City ofChula Vista and Lintvedt, McColl & Associates
for Land Surveying Consulting Services
IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby
indicating that they have read and understood same, and indicate their full and complete consent
to its terms:
Dated: ,200- City ofChula Vista
by:
Shirley Horton, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to form:
John M. Kaheny, City Attorney
Dated: Lintvedt, McColl & Associates.
By:
Gary A Lintvedt, President
Exhibit List to Agreement
(X) Exhibit A.
Page 12
.:3 -.3--9
Exhibit A
to
Agreement between
City ofChula Vista
and
Lintvedt, McColl & Associates.
1. Effective Date of Agreement:
2. City-Related Entity:
(X) City of Chula Vista, a municipal chartered corporation of the State of California
() Redevelopment Agency ofthe City ofChula Vista, a political subdivision of the
State of California
() Industrial Development Authority of the City ofChula Vista, a
() Other: , a [insert business
form]
("City")
3. Place of Business for City:
City of Chula Vista,
276 Fourth Avenue,
Chula Vista, CA 91910
4. Consultant: Lintvedt, McColl & Associates.
5. Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
3737 Camino Del Rio South, Suite 200
San Diego, California 92108-4008
Voice Phone (619) 280-3100
Fax Phone (619) 280-1515
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7. General Duties:
A. Land Surveying services for City-funded projects before, during, and after construction
operations. The Consultant may be required to make recommendations regarding alternate
methods and procedures based upon previous Land Surveying efforts and upon the
Consultant's own observations. The number and scope of such projects will vary from year-
to-year.
The City, in many cases, will provide the Consultant with Land Surveying data that has
been prepared by City staff and/or by other firms.
B. Personnel that are experienced in all phases of Technical and Professional Land
Surveying to satisfY the requirements of the Consultant contract. Knowledge of City codes,
procedures, and regulations is highly desirable. The City shall have the right to make a
determination as to the qualifications of individual personnel and shall have the right to
require substitution of non-qualified individuals with qualified personnel.
C. Personnel are to provide Land Surveying services in response to the City's request for
such services. The time and location at which Land Surveying is required shall be
determined by the City Engineer. However, requests for Land Surveying services shall be
made with prior working day's notice by the City.
D. Professionally maintained and calibrated instruments and devices to be utilized in the
field.
E. Consultant will provide the City with all original field notes, data, reports, records, etc. of
field and office tasks. Further, the Consultant shall maintain copies of all records related to
field and office tasks performed under the contract for a minimum of five years from the date
of the survey, calculations, report, etc. This period may be extended during the course of any
unresolved litigation or when requested by the City of Chula Vista at no additional cost.
F. Billing forms and procedures acceptable to the City.
G. Consultant will provide separate invoices for each City project identified. Each invoice will
list all work performed on each project. Invoice shall show total amount billed to date for
the project, payments received, and amount due. All work elements shall be itemized: i.e.
work performed, personnel charges/hours, reimbursable costs, etc.
H. The Consultant will forfeit payment for work performed and billed to City more than sixty
60) calendar days after performance of work.
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
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Consultant will provide various Land Surveying Services as described above for City projects on
an as needed basis. Each work assignment will include the tasks and deliverables unique to that
particular task. Payment shall be on an hourly basis for time spent on each City project.
B. Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
( ) Other:
C. Dates or Time Limits for Delivery of Deliver abies:
Deliverable No. I:
Deliverable No.2:
Deliverable No.3:
D. Date for completion of all Consultant services:
June 30, 2003. City has the option to extend this agreement for 2 additional one year
periods. Said extension shall be by mutual agreement between City and Consultant. The City
Contract Administrator shall give notice of election to extend this agreement by sending notice
by letter to Consultant not later than three months prior to the expiration of the term.
9. Insurance Requirements:
(X) Statutory Worker's Compensation Insurance
(X) 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).
10. Materials Required to be Supplied by City to Consultant:
11. Compensation:
A. () Single Fixed Fee Arrangement.
For performance of all of the Defined Services by Consultant as herein required, City
shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables
set forth below:
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Single Fixed Fee Amount: , payable as follows:
Milestone or Event or Deliverable Amount or Percent of Fixed Fee
( ) 1. Interim Monthly Advances. The City shall make interim monthly
advances against the compensation due for each phase on a percentage of
completion basis for each given phase such that, at the end of each phase
only the compensation for that phase has been paid. Any payments made
hereunder shall be considered as interest tree loans which must be
returned to the City if the Phase is not satisfactorily completed. If the
Phase is satisfactorily completed, the City shall receive credit against the
compensation due for that phase. The retention amount or percentage set
forth in Paragraph 19 is to be applied to each interim payment such that, at
the end of the phase, the full retention has been held back from the
compensation due for that phase. Percentage of completion of a phase
shall be assessed in the sole and unfettered discretion by the Contracts
Administrator designated herein by the City, or such other person as the
City Manager shall designate, but only upon such proof demanded by the
City that has been provided, but in no event shall such interim advance
payment be made unless the Contractor shall have represented in writing
that said percentage of completion of the phase has been performed by the
Contractor. The practice of making interim monthly advances shall not
convert this agreement to a time and materials basis of payment.
B. () Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the Defined Services by Consultant as
are separately identified below, City shall pay the fixed fee associated with each phase of
Services, in the amounts and at the times or milestones or Deliverables set forth. Consultant
shall not commence Services under any Phase, and shall not be entitled to the compensation for a
Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase.
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.3' 7"3
Phase Fee for Said Phase
1. $
2. $
3. $
( ) 1. Interim Monthly Advances. The City shall make interim monthly
advances against the compensation due for each phase on a percentage of
completion basis for each given phase such that, at the end of each phase
only the compensation for that phase has been paid. Any payments made
hereunder shall be considered as interest free loans which must be
returned to the City if the Phase is not satisfactorily completed. If the
Phase is satisfactorily completed, the City shall receive credit against the
compensation due for that phase. The retention amount or percentage set
forth in Paragraph 19 is to be applied to each interim payment such that, at
the end of the phase, the full retention has been held back from the
compensation due for that phase. Percentage of completion of a phase
shall be assessed in the sole and unfettered discretion by the Contracts
Administrator designated herein by the City, or such other person as the
City Manager shall designate, but only upon such proof demanded by the
City that has been provided, but in no event shall such interim advance
payment be made unless the Contractor shall have represented in writing
that said percentage of completion of the phase has been performed by the
Contractor. The practice of making interim monthly advances shall not
convert this agreement to a time and materials basis of payment.
C. (X) Hourly Rate Arrangement
For performance ofthe Defined Services by Consultant as herein required, City shall pay
Consultant for the productive hours of time spent by Consultant in the performance of said
Services, at the rates or amounts set forth in the Rate Schedule hereinbelow according to the
following terms and conditions:
(1) () Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and materials in
excess of said Maximum Compensation amount, Consultant agrees that
Consultant will perform all of the Defined Services herein required of Consultant
for $ including all Materials, and other "reimbursables"
("Maximum Compensation").
Page 17
-3,L/JÍ
(2) (X) Limitation without Further Authorization on Time and Materials
Arrangement
At such time as Consultant shall have incurred time and materials equal to
$500,000.00 ("Authorization Limit"), Consultant shall not be entitled to anyaddi-
tional compensation without further authorization issued in writing and approved
by the City. Nothing herein shall preclude Consultant from providing additional
Services at Consultant's own cost and expense.
Rate Schedule
Category of Employee Hourly
of Consultant Rate
Licensed Land Surveyor $105
Senior Survey Technician $85
CADD Drafting Technician $65
One Person Survey Crew $110
Two Person Survey Crew $160
Three Person Survey Crew $210
One Person Survey Crew (prevailing wage) $120
Two Person Survey Crew (prevailing wage) $180
Three Person Survey Crew (prevailing wage) $240
Court or Deposition Appearance $200
Overtime, when authorized: 1.30 times the above listed rates.
Authorized costs for printing, materials, and special equipment will be charged at cost plus 15%
( ) Hourly rates may increase by 6% for services rendered after [month], 19 ,
if delay in providing services is caused by City.
12. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant in the performance of
services herein required, City shall pay Consultant at the rates or amounts set forth below:
() None, the compensation includes all costs.
Cost or Rate
() Reports, not to exceed $_:
() Copies, not to exceed $_:
() Travel, not to exceed $_:
() Printing, not to exceed $_:
() Postage, not to exceed $_:
() Delivery, not to exceed $_:
() Long Distance Telephone Charges, not to exceed $_.
Page 18
3-f':;
() Other Actual Identifiable Direct Costs: , not to exceed $_:
, not to exceed $ -
13. Contract Administrators:
City: Kirk Ammerman or Peter Ehlert
1800 Maxwell Road
Chula Vista, Ca 91911
Voice Phone: (619) 397-6144
FAX Phone: (619) 397-6254
Consultant: Beth A. Swersie
3737 Camino Del Rio South, Suite 200
San Diego, California 92108-4008
Voice Phone (619) 280-3100
Fax Phone (619) 280-1515
14. Liquidated Damages Rate:
( ) $_perday.
( ) Other:
15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict ofInterest
Code:
(X) Not Applicable. Not an FPPC Filer.
( ) FPPC Filer
( ) Category No. I. Investments and sources of income.
( ) Category No.2. Interests in real property.
( ) Category No.3. Investments, interest in real property and sources of
income subject to the regulatory, permit or licensing authority of the
department.
( ) Category No.4. Investments in business entities and sources of income
which engage in land development, construction or the acquisition or sale
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 of
Chula Vista (Redevelopment Agency) to provide services, supplies,
materials, machinery or equipment.
Page 19
~-~C:.
( ) 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.
( ) List "Consultant Associates" interests in real property within 2 radial miles of Project
Property, if any:
16. ( ) Consultant is Real Estate Broker and/or Salesman
17. Permitted Subconsultants:
18. Bill Processing:
A. Consultant's Billing to be submitted for the following period of time:
(X) Monthly
(X) Quarterly
(X) Other:
B. Day of the Period for submission of Consultant's Billing:
( ) First of the Month
(X) 15th Day of each Month
( ) End of the Month
( ) Other:
C. City's Account Number: Varies from Project to Project
19. Security for Performance
( ) Performance Bond, $
( ) Letter of Credit, $
( ) Other Security:
Page 20
~-7"7
Type:
Amount: $
(X) Retention. Ifthis 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, either the following "Retention
Percentage" or "Retention Amount" until the City determines that the Retention
Release Event, listed below, has occurred:
(X) Retention Percentage: 10%
( ) Retention Amount: $
Retention Release Event:
( ) Completion of All Consultant Services
(X) Other: Completion and Delivery of Proj ect Task
H:IENGINEERIsurveyILMA On Call Survey contractdoc
Page 21
.3-~
COUNCIL AGENDA STATEMENT
Item if-
Meeting Date lO/9/200l
ITEM TITLE: Resolution Approving a rust amendment to the agreement with
McGill Martin Self, Inc., for the provision of Project Management Services
required for the design and construction of the Salt Creek Gravity Sewer
Interceptor and the Wolf Canyon Trunk Sewer; and authorizing the Mayor to
execute said amendment.
SUBMITTED BY: Director of Public WOrk~ ~~
REVIEWED BY: City Manager ~ (4/Sths Vote: Yes_Nol)
The Consultant McGill Martin Self, Inc. (MMS) has been providing project management services
necessary for the design and construction of the Salt Creek Gravity Sewer Interceptor and the Wolf
Canyon Trunk Sewer. The depth of their services has included project coordination related to various
agency permit requirements, plan review services and participating in the development of strategy
necessary for the completion and processing of the necessary environmental documents required for the
construction of the project. Due to a variety of unanticipated issues, the project design and
environmental document preparation has taken a longer period than originally envisioned. Since the
consultant's original contract amount was based on the original project schedule, and since that schedule
has now been extended, staffis recommending that the consultant's contract be amended as shown in the
first amendment to the contract (See Attachment No.1) to enable the consultant to continue to provide
needed services until the project is completed.
RECOMMENDATION: That Council approve the resolution approving a first amendment to the
agreement with McGill Martin Self, Inc., for the provision of Project Management Services required for
the design and construction of the Salt Creek Gravity Sewer Interceptor and the Wolf Canyon Trunk
Sewer; and authorizing the Mayor to execute said amendment.
BOARDS/COMMISSIONS RECOMMENDATION: None
DISCUSSION:
Backe:round
On June 20, 2000, the City Council by Resolution No.2000-225 (See Attachment No.2) approved the
selection of McGill Martin Self, Inc. (MMS) as the project consultant to provide project management,
plan check and construction contract monitoring/oversight services to facilitate the construction of the
Salt Creek Gravity Sewer Interceptor and the Wolf Canyon Trunk Sewer. When the initial contract was
negotiated for $625,000, that fee was based on the original project design and construction schedule that
provided for the design of the project to be completed by October 2000 and construction of the project to
be completed by January 2002. However, due to the following issues discussed below, the project
schedule has been extended by approximately 17 months.
/j -/
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Page 2, Item if
Meeting Date 10/9/200l
Project Issues Impacting the Project Schedule for the Salt Creek Gravity Sewer Project
Engineering/Constructibility Issues
On June 8, 1999, Council approved Resolution No. 19484 and awarded a contract to Dudek &
Associates for the provision of engineering and environmental services necessary to prepare the
preliminary design of the Salt Creek Gravity Sewer Interceptor. Utilizing a previous study prepared by
Wilson Engineering in 1994, a preliminary design report was prepared that identified an alignment for
the project. It also identified major constraints on the alignment (i.e. environmental constraints, right-of-
way constraints, engineering constraints) and other related issues. Subsequently, on May 2, 2000
Council by Resolution 2000-140 awarded a contract to Dudek & Associates for the final design of the
project. As the design of the project proceeded, it became apparent that there were other constraints on
the alignment that had not being identified due to the limited scope of the previous contract.
To facilitate the construction of the project in a timely manner it was broken up into four separate
construction bid packages. The first phase involves the installation of the trunk sewer between Industrial
Boulevard and Interstate-805 Freeway; the second phase involves the installation of improvements
between the Metro connection, from slightly west of Interstate-5 Freeway easterly to Industrial
Boulevard; the third phase involves the installation of improvements between Interstate-805 Freeway
along Auto Park Drive (Main Street) to the beginning of the existing portion of the Salt Creek Gravity
Sewer line (installed as a joint project with SDG&E a few years ago); and the fourth phase is the
installation of improvements from the end of the existing portion of the Salt Creek Gravity Sewer line to
Olympic Parkway (See Attachment No.3 for details).
The first major issue in the design of the project was the early determination that the available right-of-
way was inadequate in areas that were not deemed to be environmentally sensitive at the westerly end of
the project between Interstate-5 freeway and Hollister Street. This is where the pipe alignment was
adjacent to an existing line owned and maintained by the City of San Diego. This particular constraint
would have had a significant impact on the delivery date for the first portion of this project, which is the
completion of the trunk sewer line from the Metro connection just west of Interstate-5 Freeway to the
connection with the Poggi Canyon Trunk Sewer just west of Interstate-805 Freeway. The delivery of
this reach is important because the sewer thresholds outlined in the Environmental Impact Reports for
EastLake III, Village 6 and Village II was based on the completion of this portion of the Salt Creek
Gravity sewer by June 2002. To resolve this issue, several additional alignments were evaluated that d id
not have environmental constraints. Ultimately, the pipe was realigned to go through Main Street and
requires tunneling under Interstate- 5 Freeway. This change also resulted in a lengthier design and
processing period because it now introduced new elements that were not originally anticipated such as
obtaining an encroachment permit from the California Department of Transportation (CAL TRANS) to
permit tunneling under the freeway and the acquisition of easements through a couple of parcels along
the northerly side of Main Street.
Lf-~
Page 3, Item {
Meeting Date 10/9/200l
Environmental Issues
The Preliminary Design Report prepared by Dudek & Associates also identified the environmental
impacts the alignment would have on sensitive resources along the path of the alignment. Originally, it
was anticipated that the environmental document for the western portion under the paved Main Street for
this project would be a Mitigated Negative Declaration (MND). Due to the various complex issues and
in order to facilitate documentation of alternative analysis that may be required for the acquisition of
easements required for the project, a full Environmental Impact Report (EIR) was prepared.
Development of strategy for the preparation of the EIR and development and analysis of the various
project alternatives to satisfy resource agency requirements was quite extensive and required a
significant amount of both City staff and consultant staff hours. The end product was the identification
and analysis of impacts resulting from four policy options for the project.
In addition to the change in the environmental document prepared for the project, the change in
alignment in the westerly portion of the project also introduced another element that was unanticipated at
the inception of the project, which is the processing of a Coastal Permit through the California Coastal
Commission. All these issues cumulatively increased the length of time required to complete the project.
The original completion date of the project was estimated to be January 2002. the project is now
scheduled to be completed by June 2003.
Project Issues Impactin ! the Project Schedule for the Wolf Canyon Trunk Sewer Project
Environmental Issues
The Wolf Canyon Basin is tributary to the Salt Creek Basin, so the trunk line is being designed to
connect to the Salt Creek Gravity Sewer interceptor at some point within Reach 8. The project which is
currently in the early stages of planning and design, was initiated at the request of the developers within
this basin who requested that the City accelerate the scheduling for Wolf Canyon project by combining
the design and environmental process for that project with that for the Salt Creek Gravity Sewer. To this
effect, Council on May 2, 2000 approved a resolution combining both the Salt Creek Gravity Sewer
project and the Wolf Canyon Trunk Sewer project and awarding a contract for the final design of both
the Salt Creek Gravity Sewer and the Wolf Canyon Trunk Sewer to Dudek & Associates. This action
was undertaken with the understanding that they would fund the construction of the project and later
establish a reimbursement district.
At the inception of the project, it was originally planned that a joint EIR would be prepared for this
project and the Salt Creek Gravity Sewer Interceptor. In the Draft EIR, the Salt Creek Interceptor Sewer
was analyzed at a project-level and the Wolf Canyon Trunk Sewer was analyzed at a program-level.
Due to the concerns raised by the resource agencies and various environmental groups, it was
determined that additional alignment options needed to be identified and studied for the Wolf Canyon
Trunk Sewer. These different alternative alignments needed to be analyzed relative to either avoiding the
Canyon alignment or better integrating the sewer with related development and supporting
infrastructure. This additional effort also resulted in lengthening the schedule originally established for
the design and construction of the Wolf Canyon Trunk Sewer.
1(-3
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Page 4, Item 'I
Meeting Date 1O/9/200l
Existin2 Contract Status - Salt Creek Gravity Sewer Interceptor
The original contract with MMS in the amount of $497,000 was based on the project design schedule,
which provided for the design and construction to be completed by January 2002. The revised schedule
anticipates that the project will be completed by June 2003, an extension of 17 Months. The table below
shows the project expenditures to date and anticipated expenditures for the duration of the project (See
Attachment No.4. for additional details)
Summary of Scope of Work Items and Estimated Fees Included in Contract Amendment No.l
Salt Creek Gravity Sewer Interceptor
Task Estimated Charges Budget Amount Needed Contract
Fees To Date Remaining To Complete The Amendment
Project Amount
Project Management $353,350 $315,849 $37,501 $329,250 $291,749
Services & Environmental
Coordination
Plan Check Services $74,100 $62,284 $11,816 $85,200 $73,384
Construction Monitoring & $69,550 $- $69,550 $69,550 $-
Oversight Services
Total $497,000 $378,133 $118,867 $484,000 $365,133
Summary of Scope of Work Items and Estimated Fees Included in Contract Amendment No.1
Wolf Canyon Trunk Sewer
Task Estimated Charges Budget Amount Needed Contract
Fees To Date Remaining To Complete The Amendment
Project Amount
Project Management $92,350 $50,124 $42,226 $81,400 $39,174
Services & Environmental
Coordination
Plan Check Services $18,600 $ - $18,600 $34,600 $16,000
Construction Monitoring & $17,550 $ - $17,550 $41,400 $23,850
Oversight Services
Total $128,500 $50,124 $78,376 $l57,400 $79,024
Project Status
Environmental Permit Processing
On August 21, 2001, Council approved Resolution 2001-218 certifying the Final Environmental Impact
Report (FEIR), adopting the Findings of Fact and Mitigation Monitoring and Reporting Program and
{-Lj
Page 5, Item L(
Meeting Date lO/9/200l
approving the first phase of construction of the Salt Creek Gravity Sewer Interceptor. Since the approval
of this document the 30-day window for filing an appeal to challenge the findings has also elapsed. Staff
will soon initiate discussions with the resource agencies to facilitate the processing of the required
environmental permits, upon completion of the right-of-way acquisition process.
Project Design and Construction
Phase 1- From Industrial Blvd. to Interstate - 805 Freeway
On September 18, 2001, Council approved Resolution 2001-315 accepting bids and awarding contract
for the construction of Phase I of the Salt Creek Gravity Sewer to Hazard Construction Company /T. C.
Construction Company, Inc., A Joint Venture. Construction is currently scheduled to begin this month
and completed by summer 2002.
Phase 2 - From West Frontage Road to Industrial Blvd.
The design plans for the construction of this phase of the project is approximately 75 % complete, and
the right-of-way acquisition process is on-going. It is anticipated that construction of the project will
commence in January 2002 (upon completion of the right-of-way acquisition process) and be completed
by summer 2002.
Phases 3 and 4 From Interstate - 805 Freeway to Olympic Parkway
The design plans for the construction of these phases are still in the early stages of development.
However, upon completion of the right-of-way acquisition process and the processing of the required
environmental permits, it is anticipated that the construction of these phases will commence by April
2002 and be completed by June 2003. This work also includes the construction of a new gravity trunk
sewer located south of and parallel to Main Street, that will provide sewer service to the Auto Park
parcels also facilitate the decommissioning of the Auto Park Pump Station.
CONCLUSION
The approval of this amendment will authorize the consultant, MMS, to provide project management
services (including environmental coordination), plan check services and construction monitoring/oversight
services as defined in the scope of work in the original agreement through June of 2003 (for the completion
of all phases of the Salt Creek Gravity Sewer Interceptor from Reach 3 to Reach 9). MMS will also
continue to provide needed services required for the construction of the Wolf Canyon Trunk Sewer through
June of 2003. Despite the extension in the project schedule, the current schedule still allows the City to
continue to provide needed sewer services to new developments in a timely manner.
Staff has reviewed the cost proposal based on the revised schedule. The cost is approximately $22,000 per
month for the Salt Creek Project, and $7,200 for the Wolf Canyon Trunk Sewer Project. If the project
proceeds faster than anticipated, the costs could be lower than the budget amount.
McMillin Development is aware of the need for this amendment relative to the work that MMS is doing for
the Wolf Canyon Project and they concur with staff's recommendation to amend MMS's contract.
L(~
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Page 6, Item f
Meeting Date lO/9/200l
The consultant will continue to work on issues required to ultimately complete this project and will
continue to act as an extension of staff. Staff and the developers as well as the general public will
benefit immensely from this project since the completion of this project greatly affects the long-term
growth of the City. Based on all the justifications already discussed above, staff recommends that
Council approve the resolution.
FISCAL IMPACT
The proposed second amendment will increase the contract with McGill Martin Self as amended by
$444,157.00 to a total of $1,069,657 ($862,133.00 for the Salt Creek Gravity Sewer - SW219,
$207,524.00 for the Wolf Canyon Trunk Sewer Improvements - SW225) (See Attachment No.4 for
details). Currently, the Consultant has been paid approximately $1,112,033 over the last one year by the
City of Chula Vista for work done on various projects (including the Salt Creek and Wolf Canyon
Projects).
The costs involved in this amendment associated with the Salt Creek Gravity Sewer Interceptor will be
funded from the project funds. The project is currently funded with funds from the Trunk Sewer Capital
Reserve Funds and the Salt Creek Gravity Basin Development Impact Fee (DIF). There are sufficient
funds in the Salt Creek Gravity Sewer project account to cover the proposed increases.
The costs involved in this amendment associated with the Wolf Canyon Trunk Sewer will be solely
funded by McMillin Development since they are currently funding the construction of the project with
the goal of setting up a reimbursement district. McMillin Development has established a deposit account
with the City as a mechanism for providing the funding needed for the Wolf Canyon Trunk Sewer
Project.
Attachments: No.1 Agreement between the City of Chula Vista and McGill Martin Self, Inc., for the
provision of project management services required for the design and construction of the
Salt Creek Gravity Sewer Interceptor and the Wolf Canyon Trunk.
No.2 Resolution No. 2000-225 Approving an agreement with McGill Martin Self, Inc., for the
provision of Project Management Services required for the design and construction of the
Salt Creek Gravity Sewer Interceptor and the Wolf Canyon Trunk Sewer.
No.3. Plat Showing the Salt Creek Gravity Sewer Interceptor and the Wolf Canyon Trunk
Sewer.
No.4. Table showing the current and anticipated expenditures for the provision of project
management services for the Salt Creek and Wolf Canyon Projects by McGill Martin
Self.
File:0735-1O-SW219 (Rev. October 3, 2001 (9:39AM»
J:\EngiueerIAGENDA \first-Amendment-MMS-SaltCreek-Contract-A 113.ac.doc
~-b
RESOLUTION NO. 2001- -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A FIRST AMENDMENT TO THE
AGREEMENT WITH McGILL MARTIN SELF, INC. FOR THE
PROVISION OF PROJECT MANAGEMENT SERVICES
REQUIRED FOR THE DESIGN AND CONSTRUCTION OF THE
SALT CREEK GRAVITY SEWER INTERCEPTOR AND THE
WOLF CANYON TRUNK SEWER; AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
WHEREAS, McGill Martin Self, Inc. has been providing project management services necessary
for the design and construction of the Salt Creek Gravity Sewer Interceptor and the Wolf Canyon Trunk
Sewer; and
WHEREAS, the depth of their services has included project coordination related to various agency
permit requirements, plan review services and participating in the development of strategy necessary for the
completion and processing of the necessary environmental documents required for the construction of the
project; and
WHEREAS, due to a variety of unanticipated issues, the project design and environmental
document preparation has taken a longer period than originally envisioned; and
WHEREAS, since the consultant's original contract amount was based on the original project
schedule, and since that schedule has now been extended, staff is recommending that the consultant's
contract be amended as shown in the First Amendment to the contract to enable the consultant to continue
to provide needed services until the project is completed.
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby approve a First
Amendment to the Agreement with McGill Martin Self, Inc. for the provision of Project Management
Services required for the design and construction of the Salt Creek Gravity Sewer Interceptor and the Wolf
Canyon Trunk Sewer, a copy of which shall be kept on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute said agreement.
PREPARED BY: APPROVED AS TO FORM BY:
John P. Lippitt
Director of Public Works
j,\"oo""y\MMS 1" Am"'" S,,1t Ceo,'
7
_. .-....-. "----'--"'-"'---"--"-
FIRST AMENDMENT TO THE AGREEMENT
BETWEEN THE CITY OF CHULA VISTA
AND
McGILL MARTIN SELF, INC
FOR THE PROVISION OF PROJECT MANAGEMENT SERVICES REQUIRED FOR
THE SALT CREEK GRAVITY SEWER INTERCEPTOR AND THE WOLF CANYON
TRUNK SEWER
THIS SECOND AMENDMENT TO THE AGREEMENT FOR ADDITIONAL CONSULTANT
SERVICES is entered into as of October 9,2001, by and between the City ofChula Vista (CITY)
a municipal chartered corporation of the State of California, and McGill Martin Self, Inc
(CONSULTANT):
RECITALS:
WHEREAS, the City Chula Vista, by Resolution 2000-225 on June 20,2000, approved an
agreement with McGill Martin Self, Inc. (MMS) for the provision of project management services
required for the construction of the Salt Creek Gravity Sewer Interceptor and the Wolf Canyon
Trunk Sewer, and;
WHEREAS, there is a need for additional consultant services in order to ensure the timely
construction of the Salt Creek Gravity Interceptor and the Wolf Canyon Trunk Sewer, and;
WHEREAS, the City requires further consultant efforts in order to perform project
management (including environmental coordination), review engineering plans and documents,
and provide construction contract monitoring and oversight services, and;
WHEREAS, Consultant warrants and represents that they are experienced and staffed in a
manner such that they are and can prepare and deliver the services required of Consultant to City
within the time frames herein provided all in accordance with the terms and conditions of this
Agreement.
-1-
Lf-R
NOW, THERFORE BE IT RESOLVED, that the parties do hereby mutually agree that
the agreement is hereby amended as follows:
1. Exhibit A, Sections 8 is hereby amended to add the following to the Detailed Scope of
Work for the Salt Creek Gravity Sewer and the Wolf Canyon Sewer;
8. DerIDed Services
B. Compensation for completion of work Scope of Work For the Salt Creek Gravity
Sewer Interceptor:
The additional compensation provided for in this amendment, shall be for work defined in
section 8A above and is based on the following assumptions:
1. Salt Creek Gravity Sewer Interceptor Project:
a. That the consultant will provide the required project management (including
environmental coordination), plan check, construction monitoring/oversight
services required for the design and construction work for all the phases of
construction of this project for the next 22 months (measured from the effective
date of this agreement).
b. That all the phases of construction of the Salt Creek Gravity Sewer Interceptor
includes (but is not limited to) all work necessary to facilitate the design and
construction of Reaches 3 through 9, decommissioning of the pump stations,
and the construction of the new pipe from the Auto Park pump station to the
City of San Diego trunk sewer line to facilitate the decommissioning of the
Auto Park Pump Station.
2. Wolf Canyon Trunk Sewer Project:
a. That the consultant will provide the required project management (including
environmental coordination), plan check, construction Iponitoring/oversight
services required for the design and construction work for this project (based
on 22 months of active work on the project).
b. That the consultant's fees for the provision of services required for the design
and construction of the Wolf Canyon Trunk Sewer Project assumes that the
project could be designed utilizing the double-pipe alternative, and as such
includes all services that could be associated with the design and construction
of that alternative.
-2-
9
- - .-.- ---
Second Amendment Cost Summary
The consultant proposes to do the work involved in the various tasks for the following
additional "Not to Exceed" amounts.
a. Salt Creek Gravity Sewer Interceptor (SW2l9) $862,133
b. Wolf Canyon Trunk Sewer (SW225) $207,524
Total Amended Contract Amount $1,069,657
The proposed amendment will increase the contract with the CONSULTANT as amended,
by $444,157 ($365,133 for the Salt Creek Gravity Sewer Interceptor Project - SW219 and
$79,024 for the Wolf Canyon Trunk Sewer Project - SW225) to a total of $1,069,657.
-3-
L./ -/0
----_.__. -------. ---
Signature Page
to
First Amendment To The Agreement Between
The City of Chula Vista
and
McGill Martin Self, Inc
For the provision of Project Management services required for the design and construction of the
Salt Creek Gravity Sewer Interceptor and Wolf Canyon Trunk Sewer
IT WITNESS WHEREOF, City and Consultant have executed this Agreement
thereby indicating that they have read and understood same, and indicate their full and complete
consent to Its terms:
DA TED: CITY OF CHULA VISTA
By
Shirley Horton, Mayor
Attest:
Susan Bigelow
City Clerk
Approved as to form:
John M. Kaheny
City Attorney
DA TED: ,2001
-"
Exhibit List to Agreement
(X) Exhibit A
-4-
"-""-""~"--""- -""~--"
--
AGREEMENT BETWEEN
THE CITY OF CHULA VISTA
AND
McGILL MARTIN SELF, INC
FOR THE PROVISION OF PROJECT MANAGEMENT SERVICES REQUIRED FOR
THE SALT CREEK GRAVITY SEWER INTERCEPTOR AND THE WOLF CANYON
TRUNK SEWER
This agreement ("Agreement"), dated ~M.l -20"', ~ for the purposes of reference only,
and effective as of the date last executed less anothér date is otherwise specified in Exhibit A,
Paragraph I is between the City of Chula Vista, hereinafter called "City", whose business form is
set forth on Exhibit A, paragraph 3, and McGill Martin Self, Inc., hereinafter called
"Consultant," the entity indicated on the attached Exhibit A, paragraph 4, as Consultant, whose
business form is set forth on Exhibit A, paragraph 5, and whose place of business and telephone
numbers are set forth on Exhibit A, paragraph 6 ("Consultant"), and is made with reference to the
following facts:
Recitals
WHEREAS, the City Chula Vista, by Resolution 2000-140 on May 2, 2000, approved an
agreement with Dudek & Associates for the provision of environmental and engineering services
required for the final design and construction of the Salt Creek Gravity Sewer Interceptor and the
Wolf Canyon Trunk Sewer
WHEREAS, there is a need for additional consultant services in order to ensure the timely
construction of the Salt Creek Gravity Interceptor and the Wolf Canyon Trunk Sewer, and;
WHEREAS, the City requires further consultant efforts in order to perform project
management environmental coordination function, review engineering plans and documents, and
provide construction contract monitoring and oversight, and;
WHEREAS, Consultant warrants and represents that they are experienced and staffed in a
manner such that they are and Can prepare and deliver the services required of Consultant to City
within the time frames herein provided all in accordance with the terms and conditions of this
Agreement.
-1- 4+fo..eJ"men r No.1
L/ -/.2.,
----If ~n ':ì -" C
,--",---- -- -" - --------
NOW, THERFORE BE IT RESOLVED, thaI the parties do hereby mutually agree as
follows:
1. Consultant's Duties:
A. General Duties: The Consultant shall perform all of the services described in the
attached Exhibit A, Paragraph 7, entitled "General Duties"; and,
B. Scope of Work and Schedule: In the process of performing and delivering said
"General Duties", Consultant shall also perform all of the services described in Exhibit A,
Paragraph 8, entitled "Scope of Work and Schedule", not inconsistent with the General
Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and
deliver to the City such Deliverables as are identified in Exhibit A, Paragraph 8, within
the time frames set forth therein, time being of the essence of this agreement. The
General Duties and the work and deliverables required in the Scope of Work and Schedule
shall be herein referred to as the "Defined Services". Failure to complete the Defined
Services by the times indicated shall not terminate this agreement, except at the option of
the City.
C. Reductions in Scope of Work: City may independently, or upon request from
Consultant, from time to time reduce the Defined 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.
D. Additional Services: In addition to performing the Defined Services herein set
forth, City may require Consultant to perform additional consulting services related to the
Defined Services ("Additional Services"), and upon doing so in writing, if they are within
the scope of services offered by Consultant, Consultant shall perform same on a time and
materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11,
unless a separate fixed fee is otherwise agreed upon. All compensation for Additional
Services shall be paid monthly as billed.
E. Standard of Care: Consultant, in performing any Services under this agreement,
whether Defined Services or Additional Services, shall perform in a 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.
F. Insurance: Consultant represents that it and its agents, staff and subconsultants
employed by it in connection with the Services required to be rendered, are protected
against the risk of loss by the following insurance coverages, in the following categories,
and to the limits specified, policies of which are issued by Insurance Companies that have
a Best's Rating of "A, Class V" or better, or shall meet with the approval of the City:
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Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage
in the amount set forth in the attached Exhibit A. Paragraph 9.
Commercial General Liability Insurance including Business Automobile Insurance
coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limits applied
separately to each project away from premises owned or rented by Consultant, which
names City and Applicant as an Additional Insured, and which is primary to any policy
which the City may otherwise carry ("Primary Coverage"), and which treats the
employees of the City and Applicant in the same manner as members of the general public
("Cross-liability Coverage").
Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless
Errors and Omissions coverage is included in the General Liability policy.
G. Proof of Insurance Coverage:
(l) Certificates of Insurance: Consultant shall demonstrate proof of coverage herein
required, prior to the commencement of services required under this Agreement, by
delivery of Certificates of Insurance demonstrating same, and further indicating that the
policies may not be canceled without at least thirty (30) days written notice to the
Additional Insured.
(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 demonstrating same, which shall be reviewed and approved by the
Risk Manager.
H. Security for Performance:
(1) Performance Bond: In the event that Exhibit A, at Paragraph 19, indicates the
need for Consultant to provide a Performance Bond (indicated by a check mark in the
parenthetical space immediately preceding the subparagraph entitled "Performance Bond"),
then Consultant shall provide to the City a performance bond by a surety and in a form
and amount satisfactory to the Risk Manager or City Attorney which amount is indicated
in the space adjacent to the term, "Performance Bond", in said Paragraph 19, Exhibit A.
Said Performance Bond to be fuTIÚshed and delivered to the City of Chula Vista
immediately following signing of contract by both parties and before any work is started.
Work timetable begins upon delivery of said Performance Bonds.
(2) Letter of Credit: In the event that Exhibit A, at Paragraph 19, indicates the need
for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical
space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant
shall provide to the City -an irrevocable letter of credit callable by the City at their
unfettered discretion by submitting to the bank a letter, signed by the City Manager,
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stating that the Consultant is in breach of the tenns of this Agreement. The letter of credit
shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager
or City Attorney which amount is indicated in the space adjacent to the term, "Letter of
Credit", in said Paragraph 19, Exhibit A.
(3) Other Security: In the event that Exhibit A, at Paragraph 19, indicates the need
for Consultant to provide security other than a Perfonnance Bond or a Letter of Credit
(indicated by a check mark in the parenthetical space immediately preceding the
subparagraph entitled "Other Security"), then Consultant shall provide to the City such
other security therein listed in a form and amount satisfactory to the Risk Manager or City
Attorney.
I. Business License: Consultant agrees to obtain a business license from the City and
to otherwise comply with Title 5 of the Chula Vista Municipal Code.
2. Duties of the City:
A. Consultation and Cooperation: City shall regularly consult the Consultant for the
purpose of reviewing the progress of the Defined Services and Schedule therein contained,
and to provide direction and guidance to achieve the objectives of this agreement. The
City shall permit access to its office facilities, files and records by Consultant throughout
the tenn of the agreement. In addition thereto, the City agrees to provide the information,
data, items and materials set forth on Exhibit A, Paragraph 10, and with the further
understanding that delay in the provision of these materials beyond 30 days after
authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's
performance of this agreement.
B. Compensation: Upon receipt of a properly prepared billing from Consultant
submitted to the City periodically as indicated in Exhibit A, Paragraph 18, but in no event
more frequently than monthly, on the day ofthe period indicated in Exhibit A, Paragraph
18, City shall compensate Consultant for all services rendered by Consultant according to
the terms and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing
compensation relationship indicated by a "checkmark" next to the appropriate
arrangement, subject to the requirements for retention set forth in paragraph 19 of Exhibit
A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A,
Paragraph 12.
All billings submitted by Consultant shall contain sufficient infonnation as to the propriety
of the billing to permit the City to evaluate that the amount due and payable thereunder is
proper, and shall specifically contain the City's account number indicated on Exhibit A,
Paragraph 18 to be charged upon making such payment.
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3. Administration of Contract:
Each party designates the individuals ("Contract Administrators") indicated on Exhibit A,
Paragraph 13, as said party's contract administrator who is authorized by said party to
represent them in the routine administration of this agreement.
4. Term:
This Agreement shall terminate when the Parties have complied with all executory
provisions hereof.
5. Liquidated Damages:
The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit
A, Paragraph 14.
It is acknowledged by both parties that time is of the essence in the completion of this
Agreement. It is difficult to estimate the amount of damages resulting from delay in per-
formance. The parties have used their judgment to arrive at a reasonable amount to
compensate for delay.
Failure to complete the Defmed Services within the allotted time period specified in this
Agreement shall result in the following penalty: For each consecutive calendar day in
excess of the time specified for the completion of the respective work assignment or
Deliverable, the consultant shall pay to the City, or have withheld from monies due, the
sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated
Damages Rate").
Time extensions for delays beyond the consultant's control, other than delays caused by
the City, shall be requested in writing to the City's Contract Administrator, or designee,
prior to the expiration of the specified time. Extensions of time, when granted, will be
based upon the effect of delays to the work and will not be granted for delays to minor
portions of work unless it can be shown that such delays did or will delay the progress of
the work.
6. Financial Interests of Consultant:
A. Consultant is Designated as an FPPC Filler: If Consultant is designated on
Exhibit A, Paragraph 15, 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 economic interests to the City Clerk on the required Statement of
Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit
A, or if none are specified; then as determined by the City Attorney.
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B. 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.
C. 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.
D. 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.
E. 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.
F. Specific Warranties Against Economic Interests: Consultant warrants and
represents that neither Consultant, nor Consultant's immediate family members, nor
Consultant's ernployees or agents ("Consultant Associates") presently have any interest,
directly or indirectly, whatsoever in any property which may be the subject matter of the
Defmed Services, or in any property within 2 radial miles from the exterior boundaries of
any property which may be the subject matter of the Defined Services, ("Prohibited
Interest"), other than as listed in Exhibit A, Paragraph 15.
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 in connection with 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 of this
Agreement, except with the written permission of City.
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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, except with the written permission of City.
7. Hold Harmless:
Consultant shall defend, indemnify, protect and hold harmless the City, its elected and
appointed officers and employees, from 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 employee, subcontractors, or others in connection with the
execution of the work covered by this Agreement, except only for those claims arising
from the sole negligence or sole willful conduct of the City, its officers, or employees.
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. Further, Consultant at its own
expense shall, upon written request by the City, defend any such suit or action brought
against the City, its officers, agents, or employees. Consultants' indemnification of City
shall not be limited by any prior or subsequent declaration by the Consultant.
8. Termination of Agreement for Cause:
If, through any cause, Consultant shall fail to fulfill in a timely and proper manner
Consultant's obligations under this Agreement, or if Consultant shall violate any of the
covenants, agreements or stipulations of this Agreement, City shall have the right to
terminate this Agreement by giving written notice to Consultant of such termination and
specifying the effective date thereof at least five (5) days before the effective date of such
termination. In that event, all finished or unfinished documents, data, studies, surveys,
drawings, maps, reports and other materials prepared by Consultant shall, at the option of
the City, become the property of the City, and Consultant shall be entitled to receive just
and equitable cornpensation for any work satisfactorily completed on such documents and
other materials up to the effective date of Notice of Termination, not to exceed the
amounts payable hereunder, and less any damages caused City by Consultant's breach.
9. Errors and Omissions:
In the event that the City Administrator determines that the Consultants' negligence,
errors, or omissions in the performance of work under this Agreement has resulted in
expense to City greater than would have resulted if there were no such negligence, errors,
omissions, Consultant shall reimburse City for any additional expenses incurred by the
City. Nothing herein is intended to limit City's rights under other provisions of this
agreement.
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lO. Termination of Agreement for Convenience of City:
City may terminate this Agreement at any time and for any reason, by giving specific
written notice to Consultant of such termination and specifying the effective date thereof,
at least thirty (30) days before the effective date of such termination. In that event, all
finished and unfinished documents and other materials described hereinabove shall, at the
option of the City, become City's sole and exclusive property. If the Agreement is
terminated by City as provided in this paragraph, Consultant shall be entitled to receive
just and equitable compensation for any satisfactory work completed on such documents
and other materials to the effective date of such termination. Consultant hereby expressly
waives any and all claims for damages or compensation arising under this Agreement
except as set forth herein.
ll. Assignability:
The services of Consultant are personal to the City, and Consultant shall not assign any
interest in this Agreement, and shall not transfer any interest in the same (whether by
assignment or novation). without prior written consent of City. City hereby consents to
the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph
17 to the subconsultants identified thereat as "Permitted Subconsultants" .
l2. 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 shall have unrestricted authority to publish, disclose (except as may be
limited by the provisions of the Public Records Act), 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.
13. Independent Consultant:
City is interested only in the results obtained and Consultant shall perform as an
independent Consultant with sole control of the manner and means of performing the
services required under this Agreement. City maintains the right only to reject or accept
Consultant's work products. Consultant and any of the Consultant's agents, employees or
representatives are, for all purposes under this Agreement, an independent Consultant and
shall not be deemed to be an employee of City, and none of them shall be entitled to any
benefits to which City employees are entitled including but not limited to, overtime,
retirement benefits, worker's compensation benefits, injury leave or other leave benefits.
Therefore, City will not withhold state or federal income tax, social security tax or any
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other payroll tax, and Consultant shall be solely responsible for the payment of same and
shall hold the City harmless with regard thereto.
l4. Administrative Claims Requirements and Procedures:
No suit or arbitration shall be brought arising out of this agreement, against the City
unJess a claim has first been presented in writing and filed with the City and acted upon by
the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista
Municipal Code, as same may from time to time be amended, the provisions of which are
incorporated by this reference as if fully set forth herein, and such policies and procedures
used by the City in the implementation of same.
Upon request by City, Consultant shall meet and confer in good faith with City for the
purpose of resolving any dispute over the terms of this Agreement.
lS. Attorney's Fees:
Should a dispute arising out of this Agreement result in litigation, it is agreed that the
prevailing party shall be entitled to recover all reasonable costs incurred in the defense of
the claim, including costs and attorney's fees.
16. Statement of Costs:
In the event that Consultant prepares a report or document, or participates in the
preparation of a report or document in performing the Defined Services, Consultant shall
include, or cause the inclusion of, in said report or document, a statement of the numbers
and cost in dollar amounts of all contracts and subcontracts relating to the preparation of
the report or document.
l7. Miscellaneous:
A. Consultant not authorized to Represent City: Unless specifically authorized in writing
by City, Consultant shall have no authority to act as City's agent to bind City to any
contractual agreements whatsoever.
B. Consultant is Real Estate Broker and/or Salesman: If the box on Exhibit A, Paragraph
16 is marked, the Consultant and/or their principals is/are licensed with the State of
California or some other state as a licensed real estate broker or salesperson. Otherwise,
Consultant represents that neither Consultant, nor their principals are licensed real estate
brokers or salespersons.
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C. 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 herein as the places of business for
each of the designated parties.
D. 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.
E. Capacity of Parties: Each signatory and party hereto hereby warrants and represents to
the other party that it has legal authority and capacity and direction from its principal to enter
into this Agreement, and that all resolutions or other actions have been taken so as to enable it
to enter into this Agreement.
F. Governing Law/Venue: This Agreement shall be governed by and construed in
accordance with the laws of the State of California. Any action arising under or relating to
this Agreement shall be brought only in the federal or state courts located in San Diego
County, State of California, and if applicable, the City of Chula Vista, or as close thereto as
possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula
Vista
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Signature Page
to
Agreement between
the City of Chula Vista
and
McGill Martin Self, Inc
For the provision of Project Management services required for the design and construction of the
Salt Creek Gravity Sewer Interceptor and Wolf Canyon Trunk Sewer
IT WITNESS WHEREOF, City and Consultant have executed this Agreement
thereby indicating that they have read and understood same, and indicate their full and complete
consent to Its terms:
DATED: IP,4ho CITY OF CHULA VISTA
Attest:
~LUtu~~~
Susan Bigelow
City Clerk
Approved as to form:
DATED: ~- 2-/ ,2000
Exhibit List to Agreement
(X) Exhibit A
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Exhibit A
to
Agreement between
The City of Chula Vista
and
McGill Martin Self, Inc
1. Effective Date of Agreement:
2. City-Related Entity:
(X) City of Chula Vista, a municipal chartered corporation of the State of California
() Redevelopment Agency of the City of Chula Vista
3. Place of Business for City:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
4. Name of Consultant:
McGill Martin Self, Inc.
5. Business Form of Consultant:
() Sole Proprietorship
() Partnership
(X) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
310 Third Avenue, Suite B-6
Chula Vista, CA 91910
Tel: (619) 425-1343
Fax: (619) 425-1357
7. General Duties
The Consultant shall assign Linda Sloan Scott, P .E. as Project Manager for the project and
maintain sufficient local staffing throughout the duration of this project. The Consultant
and the Project Manager shall:
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Oversee the plan check of the Salt Creek Gravity Sewer Interceptor and the Wolf Canyon
Trunk Sewer final design; Develop and maintain concise work plans that identify critical
issues; Establish lines of responsibilities to all parties; Conduct weekly meetings, as
needed, to maintain project's schedule; Document all project meetings and decisions
including agenda, action plans and minutes; Track project progress and issue status
reports; Perform schedule oversight on the environmental processing and permitting work;
Review plans for compliance with acceptable engineering practices, Tentative Maps,
adjacent improvements, regional standards and City Standards; Review and make
recommendation for all related plans and technical reports from initial submittal until final
approval; and prepare staff reports and Council agenda items
8. Scope of Work and Schedule:
The scope of work for this contract will be for the provision of project management
services required for the design and construction of the Salt Creek Gravity Sewer
Interceptor and the Wolf Canyon Trunk Sewer.
The Salt Creek Gravity Sewer Interceptor involves the construction of more than 12.5
miles of sewer line ranging from 15 inches at the easterly end to 36 inches at the westerly
end, that are segregated into nine reaches. The reaches were divided primarily at points
of major slope change and where a significant amount of sewage flow from the properties
would be contributed. The project is in the final stages of design by Dudek & Associates.
The Wolf Canyon Trunk Sewer project involves the installation of approximately 15,700
linear feet of sewer pipes varying in size from 10 inches to 15 inches within the Wolf
Canyon Basin. This trunk sewer line will connect to the Salt Creek Gravity Sewer
Interceptor at some point in Reach 8. The project is currently in early stages of planning
and design by Dudek & Associates.
A. Detailed Scope of Work:
The scope of work tasks defined below is representative of the work that would be done on
both projects.
The scope of work tasks have been arranged in a logical format and have been outlined
into major sections:
Project Management
The Project Manager shall facilitate processing of plans by tracking the progress of plan
check and submittals, determining critical path tasks, acting as departmental and
interagency liaison, arranging meetings with City staff, engineers, developers, property
owners, appraisers, other public agency staff, coordinating information and plans between
the various engineers of work, monitoring the progress of the environmental permits from
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the resource agencies and performing all tasks necessary to ensure an efficient, expeditious
completion of the Project.
The Project Manager shall review all City documents necessary for the construction of the
Salt Creek Gravity Sewer Interceptor to include, but not be limited to: General Plan,
Environmental Impact Report(s), The Preliminary Design Report by Dudek and Associates
and the Salt Creek Gravity Basin Sewer Analysis by Wilson Engineering.
The Project Manager shall review and be familiar with the City's Subdivision Manual and
other City standards.
The Project Manager shall address all engineering issues and make written
recommendations to the City staff based on sound engineering and construction practices
and City standards, including the City's threshold standards.
The Project Manager shall ensure that plan review comments are in compliance with City
and State standards and all related documents. Where there are conflicts in different
agency standards, the Project Manger shall bring these differences to the attention of City
staff.
The Project Manager and team will serve as an extension and support to City's staff. As
such, the Project Manager shall perform all tasks needed to ensure project delivery in an
expeditious manner.
The first plan check shall be completed no later than 21 days from the date of submittal,
the second plan check shall be completed no later than l4 days, and the third check shall
be completed no later than 7 days (all calendar days).
The Project Manager shall implement the City's quality control measures uniformly to all
projects.
The Project Manager shall document all issues, meetings, project progress and decisions.
In addition, the Project Manager shall be required to prepare a monthly report for City
staff.
Environmental Coordination
The environmental clearances for the project shall be processed through the Environmental
Section of the City's Department of Building and Plamùng. The Project Manager shall be
responsible for coordination with the City's Environmental Review Coordinator (ERC) in
obtaining the necessary environmental clearances through the State and Federal Resource
Agencies in an expedited manner to facilitate the construction of the project as soon as
possible.
The necessary applications and documents for the environmental clearances shall be
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prepared by another consultant under an agreement with the City of Chula Vista. The
City's ERC will be responsible for directing and coordinating the work of this consultant.
Plan Check
The Project Manager shall be responsible for assembling a team of technical personnel
under his or her direction to perform the plan check duties of the City. The Project
Manager and the team shall be responsible for all aspects of the plan check process to
permit issuance, construction changes, and field coordination and shall encompass right of
way documents and plats, legal descriptions, grading and erosion control plans, drainage
plans, improvement plans, traffic plans, and related reports (traffic, drainage, sewer,
geotechnical, title, etc.) for all improvements including but not limited to:
Road, Site Grading
. Review recommendations in geotechnical reports, and construction plans, the
Dudek Preliminary Study, documents listed in Task I, Corps permits, and other
permits to ensure that any grading complies with all.
. Review specifications for grading work, creek/habitat remediation work as
appropriate, erosion control, compaction, trenching, slope repairs if applicable,
and sub-drainage requirements.
. Review adequacy of structural calculations for pavement sections.
Sewer
. Review sewer plans for conformance with project goals and objectives and
conformance with the Dudek Preliminary Study, documents in Task I and City
Standards.
. Review plans for horizontal and vertical alignment, hydraulic analysis and flow
parameters, etc.
. Review -of sewer line sizing and hydraulic calculations.
. Review of traffic control plans and layout.
. Review of pump station decommissioning plans
Utilities
. Review utility plans for conformance with plans provided by the utility companies,
the Citys's GIS systems, and City-provided as-built plans and City Standards.
. Review plans for construction of off-site and on-site utilities and joint utility
(electric/gas/cable tv), including of locations within right-of-way and easements.
. Review utility crossings for potential conflicts.
Right-of- Way Documents
. Review closure calculations for accuracy and conformance with right-of-way
documents.
. Review legal descriptions of dedications and easements and to whom dedicated and
purpose.
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. Review statements for conformance to Map Act and City requirements.
. Review title reports to ensure accuracy and confonnance to the right-of-way
documents, and any easements or restrictions accurately portrayed on the right-of-
way documents.
. Review entitlements being granted to other agencies.
. Review record of survey(s).
. Prepare written reports to Council, as needed.
Construction Contract Monitoring/Oversight
The Project Manager shall coordinate his/her activities with the City's Public
Works/Engineering Construction Section, which will administer and manage the
construction contract. The Project Manager will review the initial contractorDs
construction schedule and provide input to Construction Section staff. Additionally, the
Project Manager will monitor the progress of the contractorDs work to assure adherence to
the construction schedule.
The Project Manager will facilitate meetings with City staff, the design engineer, the
contractor, developers, property owners, other public agencies, utility companies, and
other parties who may have a vested interest in the project.
The Project Manager shall, in conjunction with City Construction Section staff, ensure that
the project is constructed in accordance with the design plans and specifications. Further,
the Project Manager shall coordinate all submittals and serve as a liaison between
Construction Section staff and the project design engineer.
9. Insurance Requirements:
(X) Statutory Worker's Compensation Insurance
(X) Employer's General Liability Insurance: $1,000,000.
(X) Commercial General Liability Insurance: $1,000,000.
() Errors and Omissions Insurance: $250,000 (not included in Commercial General
Liability coverage).
lO. Materials Required to be Supplied by City to Consultant
ll. Compensation:
A. (X) Hourly Rate Arrangement.
For perfonnance of all of the Defined Services by Consultant as herein required,
City shall pay Consultant for the productive hours of time spent by Consultant in
the perfonnance of said Services, at the rates or amounts set forth in the Rate
Schedule herein below according to the following tenns and conditions:
1.() Not-to-Exceed Limitation on Time and Materials Arrangements
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Notwithstanding the expenditure by Consultant of time and materials in excess of
said Maximum Compensation amount, Consultant agrees that Consultant will
perform all of the Defined Services herein required of Consultant for a lump sum
of $ ( ) including all Materials, and other "reimburseables" ("Maximum
Compensation").
2. (X) Limitation without Further Authorization on Time and Materials
Arrangement,
At such; time as the Consultant shall have incurred time and materials
equal to $353,350 for Deliverable I, $74,100 for Deliverable 2, $69,550 for
Deliverable 3, $92,350 for Deliverable 4, $18,600 for Deliverable 5 and $17,550
for Deliverable 6 all as defined in Section 20 - Deliverables, of this agreement
Rate Schedule
Categories of Employee Hourly
of Consultant Name Rate
Sf. Principal Michael McGill $150/hr
Principal Harry Burrowes $135/hr
Project Manager Linda Sloan Scott $ 120/hr
Senior Professional $110/hr
Associate Professional $100/hr
Assistant Professional $ 85/hr
Secretary/Clerk $ 55/hr
Merkel & Associates Keith Merkel $ 120/hr
() Hourly rates may increase by 6% for services rendered after , 2000 if
delay in providing services is caused by City -
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12. Materials Reimbursement Arrangement:
For the cos1 of ou1 of pocket expenses incurred by Consultant in the performance of services
herein required, City shall pay Consultant at the rates or amounts set forth below:
(X) None, the compensation includes all costs.
Cost or Rate
() Reports, not to exceed $_:
() Copies, not to exceed $_:
() Travel, not to exceed $_:
() Printing, not to exceed $_:
() Postage, not to exceed $_:
() Delivery, not to exceed $_:
() Long Distance Telephone Charges,
not to exceed $_.
() Other Actual Identifiable Direct Costs:
, no1 to exceed $_:
, not to exceed $_:
13. Contract Administrators:
City: Anthony Chukwudolue, Civil Engineer
276 Fourth Avenue, Chula Vista, CA 91910
and Susan Bigelow, City Clerk.
Consultant: McGill Martin Self, Inc.
310 Third Avenue, Suite B-6
Chula Vista, CA 91910
Tel: (619) 425-1343 Fax: (619) 425-1357
l4. Liquidated Damages Rate:
( )$_perday.
( ) Other:
l5. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of
Interest Code:
( ) Not Applicable. Not an FPPC Filer.
(X ) FPPC Fi1er
() Category No. 1. Investments and sources of income.
-18-
7' -,,) 9
" "-"-"----"-"--" "--""---"-----""--""--
() Category No.2. IntereS1s in real property.
(X) Category No.3. Investments, interest in real property and sources of income
subject to the regulatory, permit or licensing authority of the department.
(X) Category No.4. Investments in business entities and sources of income
which engage in land deveJopment. construction or the acquisition or sale of
real property.
(X) Category No.5. Investments in business entities and sources of income of
the type which, within the past two years, have contracted with the City of
Chula Vista (Redevelopment Agency) to provide services, supplies,
materials, machinery or equipment.
() Category No.6. Investments in business entities and sources of income of
the type which, within the past two years, have contracted with the designated
employee's department to provide services, supplies, materials, machinery or
equipment.
() Category No.7. Business positions.
( ) List "Consultant Associates" in1erests in real property within 2 radial miles of Project
Property, if any:
l6. Real Estate Broker: Not Applicable
l7. Permitted Sub Consultants:
l8. Bill Processing:
Consultant's Billing to be submitted for the following period of time:
( X ) Monthly. The City will use its best effort to remit payments within 30 days.
( ) Quarterly
( ) Other:
-19-
Day of the Period for submission of Consultant"s Billing:
(X) First of the Month
( ) 15th Day of each Month
( ) End of the Month
( ) Other:
19. Security for Performance:
() Performance Bond:
() Letter of Credit:
() Other Security:
Type:
Amount: $
() 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, either the following "Retention Percentage" or
"Retention Amount" until the City determines that the Retention Release Event, listed
below, has occurred:
() Retention Percentage:
() Retention Amount: $
Retention Release Event:
( ) Completion of all Consultant Services
( ) Other:
20. Deliverables
Salt Creek Gravity Sewer
Deliverable No.1 - Project Management and Environmental Coordination
Deliverable No.2 - Plan Check
Deliverable No.3 - Construction Contract monitoring
Wolf Canyon Trunk Sewer
Deliverable No.4 - Project Management and Environmental Coordination
Deliverable No.5 - Plan Check
Deliverable No. 6- Construction Contract monitoring
H,IHOMEIENGINEERISEWERISEWER OOISaIt CreekIMMS-PM-Agreement.kmb.doc
-20-
~ RESOLUTION NO. 2000-225
I RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AGREEMENT WITH McGILL
MARTIN SELF, INc., FOR THE PROVISION OF PROJECT
MANAGEMENT SERVICES REQUIRED FOR THE DESIGN
AND CONSTRUCTION OF THE SALT CREEK GRAVITY
SEWER INTERCEPTOR AND THE WOLF CANYON TRUNK
SEWER
WHEREAS, due to the current pace of development in the "Eastern Territories", the City has
identified the need to complete a major trunk sewer facility within the next 18 months to serve the
developments within the Salt Creek and Wolf Canyon basins; and
WHEREAS, it is the City's intention to begin the construction of this trunk sewer by January,
I 2001, and have the system operational by January 2002; and
I
WHEREAS, thc City sought a qualified consultant, with similar work experience, to assist
I City staff in the construction and environmental process for this project; and
I WHEREAS, based upon evaluation criteria, reference verification and interview
I
! ~ performance, the selection committee selected four finns and McGill Martin Self, Inc. was
determined to be the best qualified for the contract.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City ofChula Vista does
hereby approve an Agreement with McGi1l Martin Self, Inc. for the provision of Project
Management Services required for the design and construction of the Salt Creek Gravity Sewer
Interceptor and the Wolf Canyon Trunk Sewer, a copy of which sha1l be kept on file in the office of
the City Clerk.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized and directed to execute
said Agreement for and on behalf of the City ofChula Vista.
Presented by Approved as to fonn by
~~/¥
:t:: P. Lippitt
bhc Works DIrector
~
L/ -3~ Wta.e1.YY'eiìt No- c;{
.
--."-------"
Resolution 2000-225 . --..
Page 2
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 20'" day ofJune, 2000, by the following vote:
AYES: Councilmembers: Davis, Padilla, Salas, and Horton
NAYS: Councilmembers: None
ABSENT: Councilmembers: Moot
~~, !¡Ó1Z7v,
Shirley Horton, aYór
ATTEST:
- 'u J. tLÚ3: ~~
Susan Bigelow, City Clerk
~
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
1, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2000-225 was duly passed, approved, and adopted by the City Council at a regular
meeting of the Chula Vista City Council held on the 20th day of June, 2000.
Executed this 20th day of June, 2000.
- ~ -'W ri.L ~'8'"~
Susan Bigelow, City Clerk
..)
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--.. -..--- . --- -.-...
COUNCIL AGENDA STATEMENT
Item 5"
Meeting Date: 1O/9/0l
ITEM TITLE: Resolution Approving an agreement between the City of Chula
Vista and MuniFinancial for engineering services related to the auditing of
public facilities construction costs and the administration of the City's
Development Impact Fee (DIF) programs, and authorizing the Mayor to
execute said agreement and approving appropriation of $230,000 based on
revenue from Development Impact Fees
SUBMITTED BY: Director of Public Works (jfV'
REVIEWED BY: City Manager~ (4/5 Vote: Yes K No ~)
A public Request for Proposals was sent out on August 3, 2001 for auditing and administering
the City's Development Impact Fee (DIF) programs. This agreement for engineering auditing
services will allow the City to respond to the ongoing DIF audit/credit work and streamline the
penmt Issuance process.
RECQMMENDATION: That Council adopt the resolution approving an agreement for up to
$230,000 per year between the City of Chula Vista and MuniFinancial for engineering services
related to the auditing of public facilities construction costs and the administration of the City's
Development Impact Fee (DIF) programs, approving appropriation of $230,000 based on
revenue from Development Impact Fees, and authorizing the Mayor to execute said agreement.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
Background
The City's Development Impact Fee program allows developers to construct needed facilities in
lieu of fees at building permit issuance. With the ongoing construction of public facilities to
serve rapidly growing communities within Chula Vista's "Eastern Territories", it is imperative
that audits of the construction and an accurate accounting of the funding of these facilities be
perfonned in a timely fashion. Staff is recommending the approval of an agreement with
MuniFinancial for engineering services related to audit work and the administration of the City's
DIF programs to assist staff as construction activities are expected to remain strong in the near
future.
---~~--~------.---------~------
ç:
Page2,Item~
Meeting Date lO/9/0l
Contract Goals
Staff recommends approval of a consultant contract to provide engineering services to assist staff
in responding to workload levels in the auditing process and administration of the City's DIF
programs. Staff's recommendation to seek consultant assistance is based on the following
principles and goals:
1. Maintain reasonable DIF audit and processing times for the determination and
assigrunent of eligible credits for public improvements. Based on workload projections,
staff recommends using consultant services to assist staff in complying with reasonable
processing times and assuming responsibility of the entire DIF audit/credit process.
2. Eliminate current DIF audit/credit backlog. With current staff, insufficient resources
have resulted in a backlog of 6 projects still in process and 8 projects which have not yet
begun.
3. Produce monthly status reports to keep staff and developers abreast of their respective
DIF credits, as well as updating our building permits' database.
4. Avoid permanent overstaffing in response to current peak workload levels. With
overstaffing, problems would arise should construction activities slow at some point in
the future. Staff recommends that a consultant be retained, providing a professional team
to address the peak workload, eliminating the need for overstaffing and still meeting
reasonable review timeframes.
5. Create a complete DIF credit accounting system and maintain up-to-date status reports.
The detailed accounting of DIF credits has become quite complicated due to the
concurrent audit required for DIF-eligible costs with several Community Facility
Districts (CFDs). In addition, an up-to-date credit status situation for every developer
and every CFD should be readily available at the time of issuance of each building
permit. Currently, staff manages this process using a fragmented system consisting of
several databases and spreadsheets. The Consultant will create a centralized system
based on Permit Plus software used for building permits, and will manage the accounting
and auditing activities for all DIF credits.
Request for Proposal for Consultant Services
Staff advertised for Request for Proposals for Engineering Services. The RFP was placed on the
City's internet site and e-mailed to numerous engineering companies. Efforts were made to
contact consultants who have previously contracted with the City for related services. Proposals
were solicited from approximately 60 firms and individuals. Due to the nature of services, which
requesting specialized experience, a limited number of companies expressed interest in the
contract. Ultimately, only one firm submitted a proposal. A contract is being negotiated with
the sole respondent, MuniFinancial, a Willdan Company. The City's experience with the
consultant, under both names "MuniFinancial" and "Willdan", is that of proven commitment and
reliability.
Q-
Page 3, Item 5
Meeting Date lO/9/0l
Consultant's project experience within the City Of Chula Vista include:
1. San Miguel Ranch Public Facilities Finance Plan (PFFP)
2. Eastlake III PFFP
3. Rancho Del Rey PFFP
4. Otay Ranch SPA I/II PFFP
5. Audit ofOtay Ranch facilities funded by Assessment District AD 97-2 and
Community Facilities District CFD 99-1.
Within the last year the City of Chula Vista has awarded approximately $74,000 in contracts to
MuniFinancial and Willdan for engineering services.
The contract tenn is for one year subject to renewal at the City Manager's discretion, upon
written request by the City Engineer for two (2) one-year extensions (3 years total).
Action
The resolution approves the contract in the form attached with MuniFinancial and authorizes the
Mayor to execute the agreement. The total compensation shall not exceed $230,000 in anyone
year. The contract is based on an hourly rate.
FISCAL IMP ACT: The costs of the contract will be borne by the Development Impact Fee
programs based on those programs which are actually audited by the consultant.
Attachment Two party agreement between the City of Chula Vista and MumFinancial for Engineering Services
AR-IO/4/O11050A8AM
J\engmeer\aGENDA \DlFWilldan8.doc
-- --- .-......-----.-------.
RESOLUTION NO. 2001- -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE
CITY OF CHULA VISTA AND MUNIFINANCIAL FOR
ENGINEERING SERVICES RELATED TO THE AUDITING OF
PUBLIC FACILITIES CONSTRUCTION COSTS AND THE
ADMINISTRATION OF THE CITY'S DEVELOPMENT IMPACT
FEE (DIF) PROGRAMS, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT AND APPROVING
APPROPRIATION OF $230,000 BASED ON REVENUE FROM DIF
REIMBURSEMENTS
WHEREAS, a public Request for Proposals was sent out on August 3, 2001 for auditing and
administering the City's Development Impact Fee (DIF) programs; and
WHEREAS, due to the nature of services, which requested specialized experience, a limited
number of companies expressed interest in the contract and only one firm submitted a proposal; and
WHEREAS, a one-year contract was negotiated with the sole respondent, MuniFinancial, a
Willdan Company, to facilitate development impact fee authorizations and credits requested by developers;
and
WHEREAS, various development impact fee programs will fund the cost for such services.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista, does
hereby approve an Agreement with Munifinancial for Engineering Services related to the auditing of Public
Facilities Constructions Costs and the Administration of the City's Development Impact Fee (DIF)
Programs, 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 ofChula Vista is hereby authorized to
execute said agreement on behalf of the City.
BE IT FURTHER RESOLVED that the City Council does hereby approve an appropriation of
$230,000 based on revenue from DIF reimbursements.
PRESENTED BY: APPROVED AS TO FORM BY:
rf!¿ ;Jf11 ~
John P. Lippitt JOh~ny ~
Director of Public Works City Attorney
¡\\"!omey\¡,,o\M"m"",",','
~'-
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..
Parties and Recital Pagers)
Agreement between
~!!y of ~hula Vista
and
.,MuniCinancial
for auditing and administering the City's Development Impact Fee (DIF) programs
This agreement ("Agreement"), dated 9/25/2001 fonhe purposes
of reference only, and effective as of the date last executed unless another date is
otherwise specified in Exhibit A, Paragraph 1 is between the City-related entity as is
indicated on Exhibit A, paragraph 2, as such ("City"), whose business form is set forth on
Exhibit A, paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as
Consultant, whose business form is set forth on Exhibit A, paragraph 5, and whose place of
business and telephone numbers are set forth on Exhibit A, paragraph 6 ("Consultant"),
and is made with reference to the following facts:
Recitals
Whereas, City desires to seek professional consultant services for the execution
and maintenance of an audit and accounting system for tracking Development Impact
Fee (DIF) credit activity; and,
Whereas, on August 6, 2001, City solicited proposals from approximately sixty
(60) iirms and individuals to provide: 1) Auditing of eligible DIF improvements; 2)
Assuring compliance with City procedures and ordinances as they apply to DIF credits;
3) Drafting legal documents necessary for DIF credit approvals; and 4) Providing
ongoing maintenance of a DIF accounting system; and,
Whereas. MuniFinancial submitted a proposal which was judged by City staff to
be responsive to City's request for proposals (RFP); and,
Whereas. Consultant warrants and represents that they are experienced and
staffed in a manner such that they are and can prepare and deliver the services
required of Consultant to City within the time frames herein provided all in accordance
with the terms and conditions of this Agreement:
(=nd of Recitals. Next Page starts Obligatory Provisions.)
J:\Engineer\DIF _2prtyagr.doc ' Standard Form Two Party Agreement (Thirteenth Revision)
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Obligatory Provisions Pages
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby
mutually agree as follows: -- -
- -
1. Consultant's Duties
A. General Duties
Consultant shall perfonn all of the services described on the attached Exhibit A,
Paragraph 7, entitled "General Duties"; and,
B. Scope of Work and Schedule
In the process of perfonning and delivering said "General Duties", Consultant
shall also perfonn all of the services described in Exhibit A, Paragraph 8 of this
agreement, entitled" Scope of Work and Schedule", not inconsistent with the
General Duties, according to, and within the time frames set forth in Exhibit A,
Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A,
Paragraph 8, within the time frames set forth therein, time being of the essence
of this agreement. The General Duties and the work and deliverables required in
the Scope of Work and Schedule shall be herein referred to as the "Defined
Services"- Failure to complete the Defined Services by the times indicated does
not, except at the option of the City, operate to terminate this Agreement.
C. Reductions in Scope of Work
City may independently, or upon request from Consultant, from time to time
reduce the Defined 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.
D. Additional Services
In addition to performing the Defined Services herein set forth, City may require
Consultant to perform additional consulting services related to the Defined
Services ("Additional Services"), and upon doing so in writing, jfthey are within
the scope of services offered by Consultant, Consultant shall perform same on a
time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A,
Paragraph 11 (C), unless a separate fixed fee is otherwise agreed upon. All
compensation for Additional Services shall be paid monthly as billed.
J:\Engineer\DIF _2::>:iyagLdoc Standard Form Two Party Agreement (Thirteenth Revision)
August 1, 2001 Page 2
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E- Standard of Care
Consultant, in performing any Services under this agreement, whether Defined
Services or Additional Serviœ-š", shall perform in a manner consistent with that
level of care and skill ordinañlyyxercised by members of the profession .c::_urrently
practicing under similar conditions and in similar locations.
F. Insurance
Consultant represents that it and its agents, staff and subconsultants employed
by it in connection with the Services required to be rendered, are protected
against the risk of loss by the following insurance coverages, in the following
categories. and to the limits specified, policies of which are issued by Insurance
Companies that have a Best's Rating of "A, Class V' or better, or shall meet with
the approval of the City:
Statutory Worker's Compensation Insurance and Employer's Liability Insurance
coverage in the amount set forth in the attached Exhibit A, Paragraph 9.
Commercial General Liability Insurance including Business Automobile Insurance
coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit
applied separately to each project away from premises owned or rented by
Consultant, which names City 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 in the same manner as members of the general
public ("Cross-liability Coverage").
Errors and Omissions insurance, in the amount set forth in Exhibit A Paragraph
9, unless Errors and Omissions coverage is included in the General Liability
policy.
G. Proof of Insurance Coverage.
(1) Certificates of Insurance.
Consultant shall demonstrate proof of coverage herein required, prior to
the commencement of services required under this Agreement, by delivery
of Certificates of Insurance demonstrating same, and further indicating
that the policies may not be canceled without at least thirty (30) days
written notice to the Additional Insured.
J:\Engineer\DIF _2prtyagLdoc ' Standard Form Two Party Agreement (Thirteenth Revision)
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57
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(2) Policy Endorsements Required.
In order to demonstrate the Additional Insured Coverage, Primary
Coverage and Cross-liability Coverage required under Consultant's
Commercial General Li~ility J!!!;urance Policy, Consultant shall d~)ive~ a
policy endorsement to the City demonstrating same, which shall be
reviewed and approved by the Risk Manager.
H- Security for Performance.
(1) Performance Bond.
In the event that Exhibit A, at Paragraph 20, indicates the need for
Consultant to provide a Performance Bond (indicated by a check mark in
the parenthetical space immediately preceding the subparagraph entitled
"Performance Bond"). then Consultant shall provide to the City a
performance bond by a surety and in a form and amount satisfactory to
the Risk Manager or City Attomey which amount is indicated in the space
adjacent to the term. "Performance Bond". in said Paragraph 20, Exhibit
A
(2) Letter of Credit
In the event that Exhibit A. at Paragraph 20, indicates the need for
Consultant to provide a Letter of Credit (indicated by a check mark in the
parenthetical space immediately preceding the subparagraph entitled
"Letter of Credit"). then Consultant shall provide to the City an irrevocable
letter of credit callable by the City at their unfettered discretion by
submitting to the bank a letter. signed by the City Manager. stating that the
Consultant is in breach of the terms of this Agreement. The letter of credit
shall be issued by a bank, and be in a form and amount satisfactory to the
Risk Manager or City Attorney which amount is indicated in the space
adjacent to the term. "Letter of Credit", in said Paragraph 20, Exhibit A.
(3) Other Security
In the event that Exhibit A. at Paragraph 20, indicates the need for
Consultant to provide security other than a Performance Bond or a Letter
of Credit (indicated by a check mark in the parenthetical space
immediately preceding the subparagraph entitled "Other Security"). then
Consultant shall provide to the City such other security therein listed in a
form and amount satisfactory to the Risk Manager or City Attorney.
J:\Engineer\DIF _2prtyagr.doc ' Standard Form Two Party Agreement (Thirteenth Revision)
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sF'
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I. Business License
Consultant agrees to obtain a business license from the City and to
otherwise comply withTitle 5 -of the Chula Vista Municipal Code.
2. Duties of the City - - --
A. Consultation and Cooperation
City shall regularly consult the Consultant for the purpose of reviewing the
progress of the Defined Services and Schedule therein contained, and to
provide direction and guidance to achieve the objectives of this
agreement. The City shall permit access to its office facilities, files and
records by Consultant throughout the term ofthe agreement. In addition
thereto, City agrees to provide the information, data, items and materials
set forth on Exhibit A, Paragraph 10, and with the further understanding
that delay in the provision of these materials beyond 30 days after
authorization to proceed, shall constitute a basis for the justifiable delay in
the Consultant's performance of this agreement.
B. Compensation
Upon receipt of a properly prepared billing from Consultant submitted to
the City periodically as indicated in Exhibit A, Paragraph 19, but in no
event more frequently than monthly, on the day of the period indicated in
Exhibit A, Paragraph 19, City shall compensate Consultant for all services
rendered by Consultant according to the terms and conditions set forth in
Exhibit A, Paragraph ii, adjacent to the governing compensation
relationship indicated by a "checkmark" next to the appropriate
alTangement, subject to the requirements for retention set forth in
paragraph 20 of Exhibit A, and shall compensate Consultant for out of
pocket expenses as provided in Exhibit A, Paragraph 12.
All billings submitted by Consultant shall contain sufficient information as to the
propriety of the billing to permit the City 10 evaluate that the amount due and
payable thereunder is proper, and shall specifically contain the City's account
number indicated on Exhibit A, Paragraph 19 (C) to be charged upon making
such payment.
3. Administration of Contract
Each party designates the individuals ("Contract Administrators") indicated on
Exhibit A. Paragraph 13, as said party's contract administrator who iso<Juthorized
by said party to represent them in the routine administration of this agreement.
JIEngineer\DIF _2prtyagr.doc ' Standard Form Two Party Agreement (Thirteenth Revision)
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4. Term.
This Agreement shall termin?~ when the Parties have complied with all
executory provisions hereof. -
- -
5. liquidated Damages
The provisions of this section apply if a liquidated Damages Rate is provided in
Exhibit A, Paragraph 14.
It is acknowledged by both parties that time is of the essence in the completion of
this Agreement It is difficult to estimate the amount of damages resulting from
delay in performance. The parties have used their judgment to arrive at a
reasonable amount to compensate for delay.
Failure to complete the Defined Services within the allotted time period specified
in this Agreement shall result in the following penalty: For each consecutive
calendar day in excess of the time specified for the completion of the respective
work assignment or Deliverable, the consultant shall pay to the City, or have
withheld from monies due, the sum of Liquidated Damages Rate provided in
Exhibit A. Paragraph 14 ("liquidated Damages Rate").
Time extensions for delays beyond the consultant's control, other than delays
caused by the City, shall be requested in writing to the City's Contract
Administrator, or designee, prior to the expiration of the specified time.
Extensions of time, when granted, will be based upon the effect of delays to the
work and will not be granted for delays to minor portions of work unless it can be
shown that such delays did or will delay the progress of the work.
6. Financial Interests of Consultant
A. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 15, 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
economic interests to the City Clerk on the required Statement of Economic
Interests in such reporting categories as are specified in Paragraph 15 of Exhibit
A, or if none are specified, then as determined by the City Attorney.
. B. 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
J:\Engineer\DIF _2prtyagr.doc ' Standard Fonn Two Party Agreement (Thirteenth Revision)
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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.
---
C. Search to Determine Econ~ic 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.
D. 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.
E. 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.
F. 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 any
property which may be the subject matter of the Defined Services, or in any
property within 2 radial miles from the exterior boundaries of any property which
may be the subject matter of the Defined Services, ("Prohibited Interest"), other
than as listed in Exhibit A, Paragraph 15.
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 in connection with
Consultant's pe¡formance of this Agreement. Consultant promises to'advise City
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of any such promise that may be made during the Term of this Agreement, or for
12 months thereafter.
Consultant agrees that Con8tiltant Æssociates shall not acquire any such
Prohibited Interest within the T~rm of this Agreement, or for 12 months after the
expiration of this Agreement, except with the written permission of City. -- -
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 ConstJltant's
responsibilities under this Agreement, except with the written permission of City.
7. Hold Harmless
Consultant shall defend, indemnify, protect and hold harmless the City, its
elected and appointed officers and employees, from 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 employee, subcon-
tractors, or others in connection with the execution ofthe 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. 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. Further,
Consultant at its own expense shall, upon written request by the City, defend any
such suit or action brought against the City, its officers, agents, or employees.
Consultants' indemnification of City shall not be limited by any prior or
subsequent declaration by the Consultant.
8. Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a timely and proper manner
Consultant's obligations under this Agreement, or if Consultant shall violate any
of the covenants, agreements or stipulations of this Agreement, City shall have
the right to terminate this Agreement by giving written notice to Consultant of
such termination and specifying the effective date thereof at least five (5) days
before the effective date of such termination. In that event, all finished or
unfinished documents, data, studies, surveys, drawings, maps, reports and other
materials prepared by Consultant shall, at the option of the City, become the
property of the City, and Consultant shall be entitled to receive just and equitable
compensation for any work satisfactorily completed on such documents and
other materials up to the effective date of Notice of Termination, not to exceed
the amounts payable hereunder, and less any damages caused City by
Consultant's breach.
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9 Errors and Omissions
In the event that the City Administrator determines that the Consultants'
negligence, errors, or omissians in tfie performance of work under this
Agreement has resulted in exp~nse to City greater than would have resu!~ed if
there were no such negligence, errors, omissions, Consultant shall reimburse
City for any additional expenses incurred by the City. Nothing herein is intended
to limit City's rights under other provisions of this agreement.
10. Termination of Agreement for Convenience of City
City may terminate this Agreement at any time and for any reason, by giving
specific written notice to Consultant of such termination and specifying the
effective date thereof, at least thirty (30) days before the effective date of such
termination. In that event, all finished and unfinished documents and other
materials described hereinabove shall, at the option of the City, become City's
sole and exclusive property. If the Agreement is terminated by City as provided in
this paragraph, Consultant shall be entitled to receive just and equitable
compensation for any satisfactory work completed on such documents and other
materials to the effective date of such termination. Consultant hereby expressly
waives any and all claims for damages or compensation arising under this
Agreement except as set forth herein.
11. Assignability
The services of Consultant are personal to the City, and Consultant shall not
assign any interest in this Agreement, and shall not transfer any interest in the
same (whether by assignment or novation), without prior written consent of City.
City hereby consents to the assignment of the portions of the Defined Services
identified in Exhibit A, Paragraph 18 to the subconsultants identified thereat as
"Permitted Subconsultants".
12. 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 shall have
unrestricted authority to publish, disclose (except as may be limited by the
provisions of the Public Records Act), 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.
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13. Independent Contractor
City is interested only in the rè"Sults obtained and Consultant shall perform as an
independent contractor with sole control of the manner and means of performing
the services required under this Agreement. City maintains the right onlylo -
reject or accept Consultant's work products. Consultant and any of the
Consultant's agents, employees or representatives are, for all purposes under
this Agreement, an independent contractor and shall not be deemed to be an
employee of City, and none of them shall be entitled to any benefits to which City
employees are entitled including but not limited to, Dvertime, retirement benefits,
worker's compensation benefits, injury leave or other leave benefIts. TherefDre,
City will not withhold state Dr federal income tax, social security tax or any Dther
payroll tax, and Consultant shall be solely responsible for the payment Df same
and shall hold the City harmless with regard thereto.
14. Administrative Claims Requirements and Procedures
ND suit Dr arbitration shall be brought arising Dut Dfthis agreement, against the
City unless a claim has first been presented in writing and filed with the City and
acted upon by the City in accordance with the procedures set forth in Chapter
1.34 of the Chula Vista Municipal Code, as same may from time tD time be
amended, the provisions of which are incorporated by this reference as if fully set
forth herein, and such policies and procedures used by the City in the
implementation of same.
Upon request by City, Consultant shall meet and confer in good faith with City for
the purpose Df resolving any dispute over the terms of this Agreement.
15. Attorney's Fees
Should a dispute arising out of this Agreement result in litigation, it is agreed that
the prevailing party shall be entitled to a judgment against the other for an
amount equal tD 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.
16. Statement of Costs
In the event that Consultant prepares a report Dr document, Dr participates in the
preparation of a report or document in performing the Defined Services,
Consultant shall include, or cause the inclusion of, in said report or document, a
statement of the numbers and cost in dollar amounts of all contracts and
subcontracts relating to the preparation of the report or document.
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n. Miscellaneous
A. Consultant not authorizecHo Represent City
Unless specifically authorizedm writing by City, Consultant shall have no-
authority to act as City's agent to bind City to any contractual agreements
whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 17 is marked, the Consultant and/or their
principals is/are licensed with the State of California or some other state as a
licensed real estate broker or salesperson. OthelWise, Consultant represents
that neither Consultant, nor their principals are licensed real estate brokers or
salespersons.
C. 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 herein as the places of business for each of the
designated parties.
D. 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.
E. Capacity of Parties
Each signatory and party hereto hereby warrants and represents to the other
party that it has legal authority and capacity and direction from its principal to
enter into this Agreement, and that all resolutions or other actions have been
taken so as to enable it to enter into this Agreement.
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F. Governing LawNenue
This Agreement shall be governed by and construed in accordance with the laws
of the State of California. AT1¥..actioñ arising under or relating to this Agreement
shall be brought only in the fed~ral or state courts located in San Diego ç~:>un!y,
State of California, and if applicable, the City of Chula Vista, or as close thereto
as possible. Venue for this Agreement, and performance hereunder, shall be the
City of Chula Vista.
[end of page. next page is signature page.]
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Signature Page
to
Agreement between City of Chula Vista and MuniFinancial
- -
for auditing and administering the City's Development Impact Fee (DIF) programs
IN WITNESS WHEREOF, City and Consultant have executed this Agreement
thereby indicating that they have read and understood same, and indicate their full and
complete consent to its terms:
Dated: ,200- City of Chula Vista
by:
Shirley Horton, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to form:
John M. Kaheny, City Attorney
Dated: ;' D -"5 --01 MuniFinancial
/I
By: 4~JJ J¡A~¡//¿'.:;A'-c"V:¡
lIÍIichael McNamara
Vice President, Division Manager
Financial Consulting SelVices
Exhibit List to Agreement
() Exhibit A
() Exhibit B
() Exhibit C
() Exhibit D.
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Exhibit A
to
Ãgreement between
City of Chula Vista
- and
MuniFinancial
1. Effective Date of Agreement: 9/18/01
2. City-Related Entity:
(X) City of Chula Vista, a municipal chartered corporation of the State of
California
() Redevelopment Agency of the City of Chula Vista, a political subdivision of
the State of California
() Industrial Development Authority of the City of Chula Vista, a
() Other: , a [insert
business form]
("City")
3. Place of Business for City
City of Chula Vista,
276 Fourth Avenue,
Chula Vista. CA 91910
4. Consultant: MuniFinancial Management and Ownership, A Willdan Company
5 Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
9275 Sky Park Court, Suite 110
San Diego, California 92123
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Phone: (858) 467-6955 Ext. 11
Fax: (858) 467-1346
7. General Duties: -.-
A. Project Management - - --
B. Processing Requests for DIF Credit
C. Audit of DIF-Eligible Improvements
D. Maintenance and Administration of DIF Credit Trust Accounting"-
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
10 Project Management
The Project Manager shall facilitate the auditing of various DIF eligible
projects by monitoring the construction progress of subject facilities,
preparing and presenting proper legal documents for City Council
approval for eligible DIF credit to developers, and performing tasks
necessary to ensure efficient, timely auditing of the project.
The Project Manager shall act as the liaison between the Consultant's
staff, the City's engineers and technicians, developers, etc., attending
meetings, if requested by the City.
2.0 City Council Approval
As required by the City Of Chula Vista Municipal Code and various
ordinances, if a developer desires to confirm the eligibility of a
particular project for such reimbursements/credits, the developer must
request the City Council to approve their request for such confirmation
of eligibility. Council approval is contingent on securing the following
information:
a. Schedule of process
b. Request information from developer.
'-'. Obtain a detailed description of the project with a preliminary cost
estimate.
d. Compare the preliminary cost estimate with the most recent cost
estimate of the developer's project that the City has used in
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establishing the DIF in effect at the time the developer's request is
made.
e. Eligibility of improvements shall be verified per applicable DIF
ordinance. --- -
f. A schedule of c°.!!1pletion shall be submitted and adhered t..qfor-
each audit conducted.
g. Consultant shall draft a Council Agenda Statement, requesting DIF
credit authorization, per the applicable ordinance.
--
3.0 Audits
The City ordinance (as well as City directives and procedures, if any)
for each particular Development Impact Fee should be referred to for
specific audit procedures.
a. Within 5 working days of receipt of an audit package for each audit,
the consultant shall submit a proposal, which will be reviewed by
Council and approved at their discretion. In the event that Council,
for whatever reason within its reserved rights, feels the audit shall
be done in-house, the proposal may be rejected.
b. Upon determination by Consultant that there has been incremental
completion of the project, as approved and certified by the Director
of Public Works, Consultant shall recommend in writing and City
may authorize a prescribed percentage (Le. 50%, 75%, or 100%) of
the total preliminary cost estimate, as specified in the respective
DIF ordinance.
c. Consultant shall commence audits upon receipt of audit documents
from City and complete such audit within 15 business days
following receipt of documents.
d. Consultant will meet with the City Inspection staff to verify facilities
constructed.
e. Consultant will summarize all change orders, make
recommendations for approval/rejection and schedule meetings to
resolve conflicts.
ï. All audits shall be in conformance with City's DIF ordinances.
;;. All audits shall be compared to the relevant DIF budget.
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4.0 Trust Accounting
The City of Chula Vista utilizes Permits Plus by Accela as the in-house
building pennit system.
a. Records of all correspondence shall be submitted to City bŸ-
Consultant and City shall keep and maintain such correspondence
in the City's filing system.
b. Consultant shall receive building permit activity reports from City
staff in order to track DIF activity.
c. Consultant shall be familiar with all active DIF ordinances and
ensure confonnance of Trust Accounting system with said
ordinances.
d. Consultant shall prepare a monthly report, reflecting the current
status of each developer's DIF credit accounts. Such reports shall
be transmitted to City for further distribution by City.
Consultant shall perfonn accounting audits of the Transportation DIF
(TDIF), Public Facilities DIF (PFDIF), Poggi Canyon Sewer DIF, Telegraph
Canyon Gravity Sewer DIF, Telegraph Canyon Pumped Sewer DIF, Salt
Creek Sewer DIF, SR-125 DIF, and Traffic Signal Fee. Additional audits
shall be conducted, as credit is granted for other DIF programs as they are
created. (See Exhibit "D" attached for a list of all existing Development
Impact Fee programs and their application.)
B. Date Tor Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
( ) Other:
C. Dates or Time Limits for Delivery of Deliverables: N/A
Deliverable No.1:
Deiiverable No.2:
Deliverable No.3:
D. Date for completion of all Consultant services:
Upon 60 day notice from Director of Public Works
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9. Insurance Requirements:
(X) Statutory Worker's Cðfï'fpensãtion Insurance
(X) Employer's Liability Ins~ance 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).
10. Materials Required to be Supplied by City to Consultant: N/A
11. Compensation:
A. () Single Fixed Fee Arrangement.
For performance of all of the Defined Services by Consultant as herein
required, City shall pay a single fixed fee in the amounts and at the times
or milestones or for the Deliverables set forth below:
Single Fixed Fee Amount: , payable as follows:
Milestone or Event or Deliverable Amount or Percent of Fixed Fee
() 1. Interim Monthly Advances. The City shall make interim monthly
advances against the compensation due for each phase on a
percentage of completion basis for each given phase such that, at
the end of each phase only the compensation for that phase has
been paid. Any payments made hereunder shall be considered as
interest free loans which must be returned to the City if the Phase is
not satisfactorily completed. If the Phase is satisfactorily
completed, the City shall receive credit against the compensation
due for that phase. The retention amount or percentage set forth in
Paragraph 20 is to be applied to each interim payment such that, at
the end of the phase, the full retention has been held back from the
compensation due for that phase. Percentage of completion of a
phase shall be assessed in the sole and unfettered discretion by
the Contracts Administrator designated herein by the City, or such
other person as the City Manager shall designate, but only upon
such proof demanded by the City that has been provided, but in no
event shall such interim advance payment be made unless the
Contractor shall have represented in writing that said percentage of
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completion of the phase has been pertormed by the Contractor.
The practice of making interim monthly advances shall not convert
this agreement to a time and materials basis of payment.
---
B. () Phased Fixed Fee Arra~gement. --
For the peliormance of each phase or portion of the Defined Services by
Consultant as are separately identified below, City shall pay the fixed fee
associated with each phase of Services, in the amounts and -at the times
or milestones or Deliverables set forth. Consultant shall not commence
Services under any Phase, and shall not be entitled to the compensation
for a Phase, unless City shall have issued a notice to proceed to
Consultant as to said Phase.
Phase Fee for Said Phase
1- $
2- $
3. $
() 1. Interim Monthly Advances. The City shall make interim monthly
advances against the compensation due for each phase on a
percentage of completion basis for each given phase such that, at
the end of each phase only the compensation for that phase has
been paid. Any payments made hereunder shall be considered as
interest free loans which must be retumed to the City if the Phase is
not satisfactorily completed- If the Phase is satisfactorily
completed, the City shall receive credit against the compensation
due for that phase. The retention amount or percentage set forth in
Paragraph 20 is to be applied to each interim payment such that, at
the end of the phase, the full retention has been held back from the
compensation due for that phase. Percentage of completion of a
phase shall be assessed in the sole and unfettered discretion by
the Contracts Administrator designated herein by the City, or such
other person as the City Manager shall designate, but only upon
such proof demanded by the City that has been provided, but in no
event shall such interim advance payment be made unless the
Contractor shall have represented in writing that said percentage of
completion of the phase has been performed by the Contractor.
The practice of making interim monthly advances shalll'1ot convert
this agreement to a time and materials basis of payment.
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C. (X) Hourly Rate Arrangement
Maximum total comperu;.ation-for this contract shall be $230,000.
For performance of the Defined Services by Consultant as herein --
required, City shall pay Consultant for the productive hours of time spent
by Consultant in the performance of said Services, at the rates or amounts
set forth in the Rate Schedule hereinbelow according to the foHowing
terms and conditions:
1.0 (X) Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and
materials in excess of said Maximum Compensation amount,
Consultant agrees that Consultant will perform all of the Defined
Services herein required of Consultant including all Materials, and
other "reimbursables" ("Maximum Compensation").
a. Project Management Services:
Maximum Compensation: 30 hours per month per Exhibit "gn
for a Project Manager.
b. Trust Accounting Services:
Maximum Compensation: 30 hours per month per Exhibit "B'
for a Support Staff.
c. Auditing Services:
Maximum Compensation: Shall be determined by negotiation
between City and Consultant at the time each new DlF project is
introduced for auditing. Consultant shall use the Maximum
Compensation amount of 45 hours per $1 million of facilities to
be audited as a guideline for estimation of the compensation
amount.
(2) () Limitation without Further Authorization on Time and Materials
Arrangement
At such time as Consultant shall have incurred time andlllaterials
equal to ("Authorization Limit"), Consultant
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shall not be entitled to any additional compensation without further
authorization issued in writing and approved by the City. Nothing
herein shall preclude Consultant from providing additional Services
at Consultant's ewn cost and expense.
- - --
Rate Schedule
Category of Employee . Hourly
of Consultant Name Rate
N/A (See attached Exhibit "B")
() Hourly rates may increase by 6% for services rendered after
[month], 19 ,if delay in providing services is caused by City.
12. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant in the performance
of services herein required, City shall pay Consultant at the rates or amounts set
forth below:
(X) None, the compensation includes all costs.
Cost or Rate
() Reports, not to exceed $_:
() Copies, not to exceed $_:
() Travel, not to exceed $_:
() Printing, not to exceed $_.
() Postage, not to exceed $_:
() Delivery, not to exceed $_:
() Long Distance Telephone Charges.
not to exceed 5>
() Other Actual Identifiable Direct Costs:
, not to exceed $
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, not to exceed S
13. Contract Administrators: ---
-
City: Tom Adler, Civil Engineer
Consultant: Tom Bandy, Senior Project Manager
. -
14. Liquidated Damages Rate:
( ) $_perday.
( ) Other.
15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of
Interest Code:
(X) Not Applicable. Not an FPPC Filer.
( ) FPPC Filer
() Category No.1. Investments and sources of income.
() Category No.2. Interests in real property.
() Category No.3. Investments, interest in real property and sources
of income subject to the regulatory, pennit or licensing authority of
the department.
() Category No.4. Investments in business entities and sources of
income which engage in land development, construction or the
acquisition or sale of real property.
() Category No.5. Investments in business entities and sources of
income of the type which, within the past two years, have
contracted with the City of Chula Vista (Redevelopment Agency) to
provide services, supplies, materials, machinery or equipment.
() Category No.6. Investments in business entities and sources of
income of the type which, within the past two years, have
contracted with the designated employee's department to provide
services, supplies, materials, machinery or equipment. .
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( ) Category No.7. Business positions.
( ) List "Consultant Associates" interests in real property within 2 radial miles of
Project Property, if any: --- -
16. The selected consultant will be required to enter into a contract whereby consultant
shall represent that for 6 months prior to signing its proposal it did not conduct,
solicit, perform, or retain any business with any person, entity, landholder or
developer (collectively "Developer") which has requested DIF credit from the City
for the same 6 months; warrant that during the effective period of the contract
consultant will not conduct, solicit, perform, or retain any business with any
Developer which will be requesting DIF credit during the effective period of this
contract; and covenant that for a 6 month period after the termination of the
contract consultant will not conduct, solicit, perform, or retain any business with any
Developer which will be requesting DIF credit during the 6 months following
termination of this contract; For purposes of this paragraph, Developer includes but
is not limited to those entities listed on Exhibit "C" hereto. Further, the consultant
shall warrant and covenant not to hold or obtain any interest, financial or otherwise
(i.e. promise of future employment, remuneration, gratuity, or other reward or gain)
as a result of any agreement with any Developer participating in a DIF project
subject to audit.
17. ( ) Consultant is Real Estate Broker and/or Salesman
18. Permitted Sub consultants:
None
19. Bill Processi:lg:
A. Consultant's Billing to be submitted for the following period of time:
(X) Monthly
( ) Quarterly
( ) Other:
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B. Day of the Period for submission of Consultant's Billing:
( ) First of the Month
( ) 15th Day of each Month -
(X) End of the Month - - --
( ) Other:
C. City's Account Number. See attached Exhibit "0"
20. Security for Performance N/A
( ) Performance Bond, $
( ) Letter of Credit, $
( ) Other Security:
Type:
Amount: $
() 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, either the
following "Retention Percentage" or "Retention Amount" until the City
determines that the Retention Release Event, listed below, has occurred:
( ) Retention Percentage: - %
( ) Retention Amount: $
Retention Release Event:
( ) Completion of All Consultant Services
( ) Other:
J:\Engineer\DIF _2prtyagr.doc ' Standard Fonn Two Party Agreement (Thirteenth Revision)
August 1, 2001 Page 24
$--<-8
-
...
Exhibit "8"
MuniFinanciallWffidan Schedule of Hourly Rates
- - --
ivision Manager (MuniFinancial)
I
~ivision Manager (Willdan) . . $\35
rincipal Consultant (MuniFmanclal) $145
¡Senior Project Manager (MuniFinancial) $125
~roject Manager (MuniFinancial) $105
Senior Design Engineer II (Willdan) $95
¡senior Design Engineer I (Willdan) $90
Senior Analyst (MuniFinancial) $85
pesign Engineer II (Willdan) $85
!Design Engineer I (Willdan) $80
ltulalyst (MuniFinancial) $75
I I
!Drafter II (ì\'illdan) $70
ltulalvst Assistant (MuniFinancial) $65 I
I "
froperty Ov;ner Services Rep (MuniFinancial) $50
!Support Staff (MunilWilldan) $45
J:\Engineer\DIF _2ortyagr.doc ' Standard Form Two Party Agreement (Thirteenth Revision)
August 1, 2001 Page 25
~-- oLe;
. .-..-.. -..----------.
-
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Exhibit "c"
List of DevelopersfLandholders
---
- - --
1. Ayres Land Company, Inc.
1 Brookfield Shea Otay, LLC
-. Eastlake Company, LLC
4. McMillin Land Development
). Otay Rãnch Company
Ó. Trimark Pacific Homes. LP.
J:\Engineer\DIF _2p:-tyagr.doc ' Standard Form Two Party Agreement (Thirteenth Revision)
August 1, 2001 Page 2ô
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COUNCIL AGENDA STATEMENT
ITEM (¡:,
MEETING DATE ID/q/~
ITEM TITLE: Resolution Approving a Military Leave Policy For All
Classified and Unclassified Employees For the Period September l4,
200l through March 31, 2002.
SUBMITTED BY: Candy Emerson, Director of Human ResourcesQJJ
REVIEWED BY: City Manager P (4/5th Vote: Yes - No ~)
On September 14, 2001, President Bush signed an order authorizing the military to call up 50,000
military reservists, in the aftermath of the terrorist attacks. As of this date, military planners have
assigned allotments for 35,000 of the reservists. The purpose of the proposed policy is to insure that
those City employees who are called to active duty maintain their current level of pay and benefits.
RECOMMENDATION: Approve the Proposed Military Leave Policy to remain in effect from
9/14/01 through 3/31/02.
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION:
State and Federal Law
The City's current policy governing treatment of employees on military leave states that such
leave is granted in accordance with the provisions of applicable State and Federal laws. Public
employers in California must comply with both state and federal law for employees who serve in
the military. In California, the Military & Veterans Code §389 et seq. sets forth the employer
obligations regarding the rights and benefits of employees serving in the armed forces.
Employers must also comply with the federal Uniformed Services Employment and
Reemployment Rights Act of 1994. 38 US.C. §§4301 et seq.
The California Military and Veterans Code defines military leave as "leave of absence from
public employment to engage in ordered military duty for a period which by the order is not to
exceed 180 calendar days, including travel time for purposes of active military training,
encampment, naval cruises, special exercises or like activity as a member ofthe reserve corps or
force of the armed forces of the United States, or the National Guard, or the Naval Militia."
Military & Veterans Code §389(a).
I
6-/
The federal government defines military leave as "the performance of duty on a voluntary or
involuntary basis in a uniformed service under competent authority and includes active duty,
active duty for training, initial active duty for training, inactive duty for training, full-time
National Guard duty, and a period for which the person is absent from a position of employment
for the purpose of an examination to determine the fitness of the person to perform any such
duty." 38 US.c. §4303(13).
Under federal law, employers do not have any obligation to continue to pay a salary to employees
on military leave. Under California law, any public employee who is on temporary military
leave, and who has been in the service of the public agency for at least one year, is entitled to
receive his or her salary for the first 30 calendar days of such leave provided that the period of
ordered duty does not exceed 180 calendar days.
Neither federal nor state law requires an employer to continue payment for health insurance
coverage for employees who are on military leave. However, employers are not restricted from
voluntarily providing health care insurance for employees and their dependents while the
employee is on military leave.
Recent City Historv
On March 5,1991, the City Council approved a "Persian Gulf Conflict Leave Policy" which
provided for a paid leave of absence from work for employees who have been ordered to active
military duty as a result ofthe Persian Gulf conflict. The amount of the paid leave was offset by
the amount of gross military pay and allowances. Employees were not eligible to receive this
paid leave for the 30 days that they received paid military leave pursuant to the California
Military & Veterans Code. The "Policy" remained in effect for 150 days. The policy being
proposed for the current conflict mirrors that policy and is consistent with policies recently
adopted by the City and County of San Diego.
Proposed Policv
Definition: Military leave during this period is paid leave of absence from work granted to
employees who have been ordered to active military duty as a result of the terrorist attacks in the
United States on September II, 2001.
Eligibility: Employees who are members ofthe reserve corps of the Armed Forces of the United
States or the National Guard or the Naval Militia who have been ordered to active military duty
as a result of the terrorist attacks on the United States on September 11,2001 are eligible for paid
military leave. Employees shall not be eligible for this paid leave for the 30 days that they
receive paid military leave pursuant to existing MOUs, City Policy and the California Military
and Veterans Code.
Duration: This leave is provided as temporary relief from financial hardship due to loss of pay
and benefits for employees on active military duty as a result of the aforementioned terrorist
attacks. This paid leave shall commence on the date which California Military and Veterans
Code benefits are exhausted. This paid leave shall cease on the date the employee is officially
released from active military duty or March 31, 2002, whichever occurs earlier. This policy may
2
b"2,
..._-.-.._-_.. ......_-- ------..--.---...-.-.. . ---....---.
be extended with appropriate Council action.
Calculation of Compensation: The amount of this paid leave shall be equal to the employee's
normal bi-weekly gross pay (excluding any overtime pay) offset by the amount of gross military
pay for such duty, including all military allowances paid to the employee. Employees will
continue to receive full benefits for that period including vacation and sick leave.
Condition ofPavrnent: Payments authorized under this policy shall be conditioned upon
compliance with procedures established by the Finance and Human Resources Directors.
FISCAL IMPACT: As many as 25 employees are eligible for recall to active military duty. To
date, three Police Officers and one employee from MIS have received orders for active duty.
Providing a fiscal impact is not possible because we do not know the number of employees
called to active duty, individual military pay rates and the duration ofthe assignments.
3
b -3
- .- ._-----------------------
RESOLUTION NO.2001- -
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING A MILITARY LEAVE
POLICY FOR ALL CLASSIFIED AND UNCLASSIFIED
EMPLOYEES FOR THE PERIOD SEPTEMBER 14,2001
THROUGH MARCH 31, 2002
WHEREAS, on September 14, 2001, President Bush signed an order
authorizing the military to call up 50,000 military reservists, in the
aftermath of the terrorist attacks; and
WHEREAS, military planners have assigned allotments for
35,000 reservists; and
WHEREAS, the purpose of the proposed policy is to insure
that those City employees who are called to active duty maintain
their current level of pay and benefits.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City
of Chula Vista does hereby approve a Military Leave Policy for
All Classified and Unclassified Employees for the period
September 14, 2001 through March 31, 2002 as follows:
Proposed Policy
Definition: Military leave during this period is paid leave of
absence from work granted to employees who have been ordered to
active military duty as a result of the terrorist attacks in the
United States on September 11, 2001.
Eligibility: Employees who are members of the reserve corps of
the Armed Forces of the United States or the National Guard or
the Naval Militia who have been ordered to active military duty
as a result of the terrorist attacks on the United States on
September 11, 2001 are eligible for paid military leave.
Employees shall not be eligible for this paid leave for the 30
days that they receive paid military leave pursuant to existing
MOUs, City Policy and the California Military and Veterans Code.
Duration: This leave is provided as temporary relief from
financial hardship due to loss of pay and benefits for employees
on active military duty as a result of the aforementioned
terrorist attacks. This paid leave shall commence on the date
which California Military and Veterans Code benefits are
exhausted. This paid leave shall cease on the date the employee
is officially released from active military duty or March 31,
2002, whichever occurs earlier. This policy may be extended
with appropriate Council action.
I
h -1/
-. ----_.. --
Calculation of Compensation: The amount of this paid leave
shall be equal to the employee's normal bi-weekly gross pay
(excl uding any overtime pay) offset by the amount of gross
military pay for such duty, including all military allowances
paid to the employee. Employees will continue to receive full
benefits for that period including vacation and sick leave.
Condition of Payment: Payments authorized under this policy
shall be conditioned upon compliance with procedures established
by the Finance and Human Resources Directors.
Presented by Approved as to form by
Candy Emerson
Director of Human Resources
[H \"O"'IATTOR""I"'OI Micy MimHY LRR'" (OcCob,,',,"", ""9AMI]
2
6
""'-.--".--
CITY COUNCIL AGENDA STATEMENT
Item: ~
Meeting Date: lO/9/0l
ITEM TITLE: Public Hearing: GPA-Ol-04 - Proposal to change the General Plan
designation of 25/33 Naples Street from Retail Commercial to Residential
Medium; PCZ-Ol-02 - Proposal to rezone 25/33 Naples Street from CoN
(Neighborhood Commercial) to R-3 (Apartment Residential); and PCS-Ol-lO
- Country Club Villas Tentative Subdivision Map, to develop 21 single-
family detached condominium units at 25/33 Naples Street. Applicant:
Elmcon Ltd.
Resolution: of the City Council of the City of Chula Vista adopting
Mitigated Negative Declaration IS-Ol-039 and approving an amendment to
the General Plan of the City of Chula Vista at 25/33 Naples Street.
Ordinance: of the City Council of the City of Chula Vista amending the
zoning map established by Section 19.18.010 of the Chula Vista Municipal
Code by rezoning 2.25 acres at 25/33 Naples Street from CoN (Neighborhood
Commercial) to R-3 (Apartment Residential).
Resolution: of the City Council of the City of Chula Vista approving and
imposing conditions on the Country Club Villas Tentative Subdivision Map
(PCS-Ol-IO), a 2.25-acre, 31-lot condominium development for 21 single-
family detached dwelling units, located at 25/33 Naples Street, Chula Vista
Tract No. CVT-Ol-IO.
SUBMITTED BY: Director of Planning and Building p¿
REVIEWED BY: City Manager ~ (4/5ths Vote: Yes_No KJ
The developer requests approval to amend the General Plan designation of25/33 Naples Street from
Retail Commercial to Residential Medium, and to rezone 25/33 Naples Street from CoN
(Neighborhood Commercial) to R-3 (Apartment Residential) for the purpose of developing a 2 I-unit
single-family detached condominium complex, Country Club Villas Tentative Subdivision Map
PCS-Ol-IO.
In accordance with the California Environmental Quality Act (CEQA), city staff prepared an Initial
Study (IS-Ol-039), and the Environmental Review Coordinator posted notice of a Mitigated
Negative Declaration (MND) on July 23, 2001.
RECOMMENDATION: That the City Council adopt the resolution to adopt the Mitigated
Negative Declaration, and amend the General Plan designation of25/33 Naples Street from Retail
Commercial to Residential Medium; that the City Council adopt the ordinance to rezone 25/33
7-/
--- ,--.------.- ----.-'---'--'--'---
Page ~ Item: 7
Meeting Date: lO/9/0l
Naples Street from CoN (Neighborhood Commercial) to R-3 (Apartment Residential); and that the
City Council adopt the resolution to approve Country Club Villas Tentative Subdivision Map PCS-
01-10.
BOARDS/COMMISSIONS RECOMMENDATION: On July 30, 2001, the Resource
Conservation Commission determined that the Initial Study was adequate and recommended
adoption of a Mitigated Negative Declaration. The public comment period as noticed by the
Environmental Review Coordinator regarding the Mitigated Negative Declaration (MND) ended on
August 20, 2001. The final adoption of the MND, (subject to review at the Planning Commission
public hearing) requires final approval by City Council.
On June 4, 2001, a design review application for 22 single-family detached condominiums was
brought before the Design Review Committee, which continued the project to June 18 so that some
design issues and neighbors' concerns could be addressed. On June 18, 200 I, the Design Review
Committee approved the site plan and architecture for the project (DRC-O 1-40).
On August 22, 2001, the Planning Commission approved Resolution GPA-OI-04/PCZ-01-02,
finding the Mitigated Negative Declaration for this project to be adequate, and recommending that
the City Council adopt the Mitigated Negative Declaration through resolution. Resolution GPA-
0 1-04/PCZ-0 1-02 also recommended that the City Council approve two items that are prerequisites
to approval of the Tentative Subdivision Map (PCS-Ol-IO): I) A General Plan Amendment (GPA-
01-04) changing the designation of 25/33 Naples Street from Retail Commercial to Residential
Medium; and 2) A Rezone of25/33 Naples Street from CoN (Neighborhood Commercial) to R-3
(Apartment Residential).
The Planning Commission continued the Tentative Subdivision Map to September 12, 2001,
requesting that the Map be revised to address their concerns regarding the narrow width of the road
and a shortage of guest parking spaces. The original Map had a 22-foot-wide road and 14 guest
parking spaces. The revised Map has a 24-foot-wide road and 19 guest parking spaces.
On September 12, 2001, the Planning Commission approved the Country Club Villas Tentative
Subdivision Map (PCS-O I-I 0) for 3 I lots and 21 single-family detached condominium units.
DISCUSSION:
1. Site Characteristics
The 2.25-acre project site is a flat, rectangular parcel on the north side of Naples Street, west of
Hilltop Drive. Chain link fencing surrounds the asphalt-covered property, which is currently
occupied by a vacant, 7,000-square-foot, fire-damaged commercial building. The site is adjacent to
an active shopping center to the east, the San Diego Country Club to the west, and fully developed
single-family residential neighborhoods to the north, south, east across Hilltop, and southwest.
7-~
. --_.... .._--_.
Page ~ Item: 7
Meeting Date: 1O/9/0l
2. General Plan, Zoning and Land Use
General Plan Zoning Current Land Use
Site: Retail Commercial CoN Vacant, Fire-Damaged Building
North: Residential, Low-Medium R-l Single Family Residential
(3-6 du/gross acre)
South: Residential, Low-Medium R-l Single Family Residential
(3-6 du/gross acre)
East: Retail Commercial CoN Commercial Center
West/NW: Residential, Medium-High R-3P14 San Diego Country Club
(11-18 du/gross acre)
3. Proposal
The developer proposes to amend the General Plan designation of 25/33 Naples Street from Retail
Commercial to Residential Medium (6-11 dwelling units per gross acre), and to rezone 25/33 Naples
Street from CoN (Neighborhood Commercial) to R-3 (Apartment Residential) for the purpose of
developing a 21-unit single-family detached condominium complex (Country Club Villas Tentative
Subdivision Map PCS-Ol-IO) on the site.
The Country Club Villas Tentative Subdivision Map includes one common usable open space lot
(4, 196-square-feet) and 21 residential lots ranging from 2,052- to 3,815-square-feet, for an average
residential lot size of2,733-square-feet, and a density of9.3 dwelling units per gross acre. Private
open space, which includes side and backyards separated by cedar fencing, totals 30,042-square-feet
(I,430-square-feet per unit).
Two-story, three-bedroom condominium units ranging from 1,478- to 1,764-square-feet, with two-
stall garages, are proposed on individual lots. A 24-foot-wide driveway off Naples Street will lead
into a private, circular 24-foot-wide road that will serve as access to the individual units. Nineteen
guest parking spaces will be provided.
A six-foot-high, decorative masomy block sound wall will extend the entire length of the parcel
along Naples Street, set back fifteen from the front property line. It will continue along the eastern
property line, serving as both a zoning and sound wall between the proposed development and the
commercial center. A doorway for pedestrians will be inserted in the wall for easy access between
the residential development and the commercial center.
To the west, at the top of a slope approximately ten feet higher than the project, there is an existing
chain link/security fence separating the site from the San Diego Country Club. A retaining wall
extending the entire length ofthe project's western edge will be constructed two feet from the chain
link fence, leaving a planting area for landscaping to masquerade the fence. Six-foot-high cedar
fencing will be erected along the northern property line (which is approximately 12 feet higher than
the site), and on rear and side property lines that separate the individual lots.
7-3
_. ---_.._-
Page 4 Item: 7
Meeting Date: lO/9/0l
The proposal will require demolition of the fire-damaged building, removal of the existing asphalt,
and re-grading the site, including embankment of 3,300 cubic yards of earth (excavation of 2,200
cubic yards and import of 1,200 cubic yards).
The developer will be required to improve the curb, gutter and sidewalk along the portion of Naples
Street in front of the project site. Striping on Naples Street will also be required to create turning
pockets for the project entrance. Prior to issuance of any building permits, the developer will be
required to guarantee all improvements, including streets, sidewalks, utilities, walls/fencing,
landscaping, and common open space amenities.
4. Public Input
On June 12, 2001, Planning staff sponsored a public forum to address concerns expressed by two
adjacent neighbors at the June 4,2001 DRC meeting. Three residents of Hilltop Court, which is
directly north of the project, attended the forum. The resident at 32 Hilltop Court stated he did not
want to look into the windows of the new two-story homes once the 28-foot-high tilt-up wall (a
remnant of the damaged commercial building) adjoining his property is removed. The resident at 26
Hilltop Court expressed a similar concern. Staff showed the residents elevations of the homes that
are planned for the lots directly adjacent to their yards. The elevations show that only one or two
small windows on the second stories will face their homes, and they seemed satisfied that window
coverings and landscaping installed by future homeowners would address privacy issues.
At the August 22, 2001 Planning Commission meeting, a citizen submitted a petition (Attachment
6) with 15 signatures opposing approval of the project.
5. Analysis
General Plan Amendment:
A General Plan Amendment would be required in order to meet the developer's objective of
constructing 21 residential units at 25/33 Naples Street. Specifically, the current designation of
Retail Commercial must be changed to Residential Medium (6-11 Dwelling Units Per Gross Acre)
(see Attachment 4). The Residential Medium land use designation allows: small, single-family,
detached units on smaller lots, zero lot line homes, patio homes, and attached units, such as duplexes
and town homes. The category also includes mobile home parks.
The proposed General Plan Amendment would reduce 4.19 contiguous acres of Retail Commercial
to 1.93 on the General Plan Land Use Diagram. The proposed increased residential densities in this
primarily residential neighborhood are anticipated to be compatible, based upon their orientation and
location. A reduction in available retail acreage in the neighborhood would not result in a conflict
with the goals and policies of the General Plan. In fact, there are several Objectives under Goal 3.
Housing and Community Character of the General Plan that the proposed project would help meet.
They include:
7-tf
.--..------.---.-,-.-,.----., -- ,
Page $ Item: 7
Meeting Date: lO/9/0l
Objective 10. Encourage the development of a diversity of housing types and prices.
Objective II. Assure that new development meets or exceeds a standard of high quality planning
and design.
Objective 12. Provide for the development of multiple-family housing in appropriate areas
convenient to public services, facilities and circulation.
The Economic Development Division of the Community Development Department reviewed the
proposal and concluded that the reduced commercial acreage would still support a viable
neighborhood commercial center.
The project site, which, before being destroyed by fire, was formerly occupied by a grocery store and
a health club, has been vacant for several years, and there has been little interest in redeveloping the
lot commercially. The Planning Commission approved two different conditional use permits for the
site; however, neither ever commenced. In 1992, the Planning Commission approved the
restoration/reconstruction of the fire-damaged portion of the building affected by the CUP to
establish a place of religious assembly (PCC-93-8). And in 1995, the Planning Commission
approved a CUP to establish a Moose lodge on the site (PCC-95-26).
Since the destruction of the fire, the site has also been a target of vandalism. City Code
Enforcement has issued several citations for graffiti, and for sanitation violations and safety hazards,
due to illegal dumping of trash and debris on the site.
Rezone:
Rezoning 25/33 Naples Street is also a prerequisite to developing 21 residential units on that site.
The proposal is to rezone the parcel from CoN (Neighborhood Commercial) to R-3 (Apartment
Residential) (see Attachment 5). The rezone would reduce 4.19 contiguous acres ofC-N to 1.93 on
the city zoning map.
Section 19.34.010 of the Chula Vista Municipal Code states that CoN zoning shall be applied to
property having a minimum area of three acres and a maximum area of eight acres. Combined, the
2.25-acre project site and the two CoN parcels adjacent to the east (1.45 acres and .48-acre) comply
with the minimum three acres. After rezoning the project site, the remaining two CoN parcels would
not meet the minimum three acres. This is not a unique situation on the Chula Vista zoning map,
however. Twenty-two individual CoN parcels in the city have been identified as being less than three
acres. Their average size is .67 acres.
The Municipal Code states that the purpose of the CoN Zone is to "provide a shopping center for
convenience shopping in a residential neighborhood where analysis of residential population
demonstrates that such facilities are necessary and desirable." The commercial center on the two
lots (1.93 acres) adjacent to the project site appears to adequately serve the neighborhood with such
facilities. There are twelve various businesses in the center, including coin laundry, dry cleaning,
beauty salon, barber shop, liquor sales, and a convenience market with gas sales, amongst others.
7~S-
- .---- --------------
Page /j Item: 7
Meeting Date: lO/9/0l
The purpose of the R-3 Zone is to: Provide appropriate locations where apartment house
neighborhoods of varying degrees of density may be established, maintained, and protected. The
regulations of this district are designed to promote and encourage an intensively developed
residential environment, with appropriate environmental amenities such as open areas, landscaping
and off-street parking. The regulations permit, in accordance with the respective density districts,
multiple dwellings rangingfrom garden apartments to multi-story apartment houses, and necessary
public services and activities subject to proper controls.
The proposed project complies with R-3 lot size (7,00O-square-feet) and setback requirements. It
also complies with the minimum area per dwelling of 1,350-square-feet. Regarding off-street
parking, the proposed project meets and exceeds the requirement of two spaces per unit, by
providing two-stall garages for each unit and 14 open guest parking spaces. It also provides nearly
four times (39 ,489-square- feet total) the amount of required open space (I 0,560-square-feet based on
480-square-feet per dwelling unit) the R-3 Zone would require.
Tentative Subdivision Map:
The project was designed around a l5-foot-wide drainage easement that begins in the proposed
common open space lot on the east side of the parcel, and follows the proposed road down to a
landscaped area in the southwest corner of the property. None of the proposed structures will
encroach on the easement.
The 24-foot-wide circular road will allow two-way traffic and Fire Department access to all units.
There will be no on-street parking; however, 19 guest parking spaces in addition to the two-stall
garages for each unit will provide ample parking for the development. The 4-foot-wide sidewalk
surrounding the inner island of units will serve as a pedestrian link to the common open space
area, where a doorway will lead to the adjacent commercial center.
The R-3 standards do not specify minimum lot size or setbacks for each condominium unit.
However, a minimum of ten feet is proposed between each unit.
The site plan and architecture for the proposed units were approved by the Design Review
Committee on June 18, 2001.
4. Conclusion:
It appears that the proposed General Plan Amendment, Rezone, and Tentative Subdivision Map for
Country Club Villas at 25/33 Naples Street are appropriate, and that the project, when constructed,
will result in positive changes to the area, based on: the goals of the General Plan; the requirements
of the R-3 Zone; the required subdivision map findings; and subject to the conditions of approval
noted in the attached draft City Council resolutions and ordinance.
The development will integrate new homes into a mostly residential neighborhood, and onto a site
that has very little commercial appeal, but is the target of repeated vandalism in its current state of
Co
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Page 1 Item: Î
Meeting Date: lO/9/0l
ruin. It will provide needed new single-family housing opportunities for potential homeowners
seeking to live closer to long established shopping areas, schools, parks, libraries, and job centers.
FISCAL IMPACT: The developer will pay all processing fees.
Attachments:
1. Locator Map
2. Planning Commission Resolution GPA-O 1-04/PCZ-0 1-02
3. Planning Commission Resolution PCS-01-10
4. General Plan Land Use Diagram
5. Zoning Map
6. Citizen Petition
7. Disclosure Statement
8. Mitigated Negative Declaration
9. Addendum to Mitigated Negative Declaration
7-7
- -- ..-.-----------.------.-- -
CHUL,A, VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR ;':~~~I~5Jn. ¡::LMCON LTD. PROJECT DESCRIPTION:
C) GENERAL PLAN AMENDMENT
;':5g~~~~: 25/33 Naples Street Request: To change General Plan designation
from Retail Cmmercial to Residential Medium.
SCALE: I FILE NUMBER: Related Cases: PCS-01-10, PCZ-01-02
L NORTH No Scale GPA - 01 - 04 DRC-01-40, IS-01-39
j:lhomelplanninglcherrylllocatorslgpa0104.cdr 09.21.01 F ATTACHMENT 1
7,-
RESOLUTION NO. GPA-Ol-04/PCZ-Ol-02
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CHULA VISTA RECOMMENDING THAT THE CITY
COUNCIL ADOPT A RESOLUTION TO CHANGE THE GENERAL
PLAN DESIGNATION OF 25/33 NAPLES STREET FROM RETAIL
COMMERCIAL TO RESIDENTIAL MEDIUM; AND TO ADOPT
AN ORDINANCE TO REZONE 25/33 NAPLES STREET FROM CoN
(NEIGHBORHOOD COMMERCIAL) TO R-3 (APARTMENT
RESIDENTIAL).
WHEREAS, duly verified applications for a General Plan Amendment (GP A-O 1-
04) and Rezoning (PCZ-Ol-O2) were submitted to the Planning and Building Department of
the City ofChula Vista on February 5, 2001 by Elmcon Ltd. ("Applicant"); and,
WHEREAS, said applications requested to amend the General Plan designation of
25/33 Naples Street from Retail Commercial to Residential Medium; and to rezone 25/33
Naples Street from CoN (Neighborhood Commercial) to R-3 (Apartment Residential); and
WHEREAS, the Environmental Review Coordinator conducted an Initial Study of
possible environmental impacts associated with this project and, based on the Initial Study
(IS-O 1-039), prepared a Mitigated Negative Declaration to reduce potential significant
effects to a level below significant. The Planning Commission found the Mitigated
Negative Declaration for this project to be adequate; and,
WHEREAS, the Planning and Building Director set the time and place for a
hearing on said General Plan Amendment and Rezone applications, and notice of said
hearing, together with its purpose, was given by its publication in a newspaper of general
circulation in the City and its mailing to property owners and residents within 500 feet of
the exterior boundaries of the property at least 10 days prior to the hearing; and,
WHEREAS, the hearing was held at the time and place as advertised, namely
August 22, 2001 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the
Planning Commission, and said hearing was thereafter closed; and,
WHEREAS, the Planning Commission considered all reports, evidence, and
testimony presented at the public hearing with respect to these applications; and,
WHEREAS, from the facts presented, the Planning Commission hereby
determines that the General Plan Amendment and the Rezone are consistent with the City
of Chula Vista General Plan and the California Govemment Code, and that the public
necessity, convenience, general welfare and good zoning practice support the requests.
I
7-9 ATTACHMENT 2
- . ------_.. -.--.--...-.--
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING
COMMISSION does hereby recommend that the City Council adopt the attached City
Council Resolution adopting the Mitigated Negative Declaration (IS-Ol-039) and
approving the General Plan Amendment (GPA-Ol-04); and adopt the attached Ordinance
approving the Rezone (PCZ-O 1-02), in accordance with the findings and subject to the
conditions contained therein.
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to
the City Council and the Applicant.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE
CITY OF CHULA VISTA, CALIFORNIA, this 22nd day of August, 2001, by the
following vote, to wit:
AYES: Castaneda, Cortes, O'Neill, Thomas
NOES:
ABSENT: Hall, McCann, Willett
ABSTAIN:
Kevin O'Neill, Chair
Diana Vargas, Secretary
11:11 10MEIPLANNINGIKIMIPLNGCMSNIOWD_RES
2
7~/O
-----..------------ --.----- ------ --
RESOLUTION NO. PCS-Ol-tO
RESOLUTION OF THE CITY OF CIDJLA VISTA PLANNING COMMISSION
RECOMMENDING THAT THE CITY COUNCIL APPROVE THE COUNTRY
CLUB VILLAS TENTATIVE SUBDIVISION MAP, PCS 01-tO, A 2.25-ACRE,
31-LOT, 21-UNIT SINGLE-FAMILY DETACHED CONDOMINIUM
DEVELOPMENT LOCATED AT 25/33 NAPLES STREET.
WHEREAS, a duly verified application for a Tentative Subdivision Map was filed with the City of
Chula Vista Planning Department on May 8, 2001 by Elmcon Ltd. (Developer); and
WHEREAS, said Developer requests pennission to subdivide a 2.25-acre parcel into 31 lots, including
nine common lots, one street lot, and 21 residential lots for development of 21 single-family detached
condominium units at 25/33 Naples Street, within the Apartment Residential Zone (R-3), and within the General
Plan Land Use Designation of Residential Medium, consisting of APN 619-100-2900 and 619-100-3000; and
WHEREAS, the City Council previously adopted a Mitigated Negative Declaration as to the effects of
the proposal on the environment, in compliance with the California Environmental Quality Act; and
WHEREAS, the Planning Director set the time and place for a hearing on said Tentative Subdivision
Map and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general
circulation in the city and its mailing to property owners and residents within 500 feet of the exterior boundaries
of the property at least 10 days prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely August 22, 2001, at 6:00
p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission, and said hearing was
thereafter continued to September 12, 200 I at the same time and place; and
WHEREAS, the Planning Commission considered all reports, evidence, and testimony presented at the
public hearings with respect to subject application.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION does hereby
recommend that the City Council approve the Country Club Villas Tentative Subdivision Map PCS-01-1O in
accordance with the tentative subdivision map findings and subject to the conditions of approval contained in
the attached City Council Resolution.
BE IT FURTHER RESOLVED THAT a copy ofthis resolution be transmitted to the City Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA,
CALIFORNIA, this 12th day of September, 2001, by the following vote, to-wit:
AYES: Cortes, McCann, O'Neill, Thomas, Willett
NOES: Castaneda
ABSTAIN:
ABSENT: Hall
Kevin O'Neill, Chair
ATTEST:
Diana Vargas, Secretary
C:IMv DOClJMENTSIPLANNING COMMISSION RESOLUTIONSIPCS-O1-10 COUNTRY CLUB VILLAS.DOC
7-/1 ATTACHMENT 3
- ._--_.._---_.~_..-...--_._--
LEGEND
.. RLM Residential Low Medium 3-6 Du/Ac
~ RM Residential Medium 6-11 Du/Ac
1/ //'~ CR Commercial Retail
k"~1 PQ Public Quasi Public
\ -I
C HULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR Ä~~CI~~~T ELMCON LID. PROJECT DESCRIPTION,
C) GENERAL PLAN AMENDMENT
PROJECT 25 & 33 Naples Street
ADDRESS, Request: To change the General Plan Designation
from Retail Commercial to Residential Medium
SCALE, I FILE NUMBER
NORTH No Scale GPA-01-04
C:lmydocumentslkvb02.cdr 09.27.01 7-~ ATTACHMENT 4
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CHULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT ELM CON LTD, PROJECT DESCRIPTION:
C) APPLICANT: ZONE CHANGE
PROJECT 25 & 33 Na les Street
ADDRESS: P Request: To change the zoning from CN Neighborhood
Commercial to R3 Apartment Residential
SCALE: I FILE NUMBER:
NORTH No Scale PCZ- 01 - 02 .'
C:\mydocumentslpcz0102,cdr 10.02,01 7-(2
J ATTACHMENT 5
-.----'--'-'--"'----"'-'- .-._----,
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. We do not agree on the proposal to change the
general plan designation from retail commercial to
residential medium on 25/33 Naples Street and to create a
23-lot subdivision for 22 single-family detached condominium units.
Case number: GP A-O1-04, PCZ-O1-02, and PCS-O1-1 O.
Name Address
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ATTACHMENT 6
-- Appendix B
THE CITY Or CHULA VISTA DISCLOSURE STATEMt:NT
You are required to file a Statement of Disclosure of certain ownership or financial interests, payments,
or campaign contributions, on all matters which will require discretionary action on the part of the City
Council, Planning Commission, and all other official bodies- The following information must be disclosed:
1- List the names of all persons having financial interest in the property which is the subject of the
application or the contract, e.g., owner applicant, contractor, subcontractor, material supplier.
)A-/v'\E;.<\ 5,F¡M.O~[; S-ru WILSON
W\llitom GIGßS
2 If any person" identified pursuant to (1) above is a corporation or partnership, list the names of all
individuals owning more than 10% of the shares in the corporation or owning any partnership interest
in the partnership.
,J ¡Ò ('ÝÌ ¡::: 5 5 EL¥"'r\ U n.£
5T\J IN \l.-Sù,j
3- If any person" identified pursuant to (1) above is non-profit organization or a trust, list the names of
any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of
the trust
4- Have you had more than $250 worth of business transacted with any member of the City staff,
Boards, Commissions, Committees, and Council within the past twelve months? Yes - No L
If yes, please indicate person(s):
5- Please identify each and every person, including any agents, employees, consultants, or
independent contractors who you have assigned to represent you before the City in this matter.
DoN f} AKÞÁ DISC; S""-\¡FYJNC
RDfJ,N F"(U:;.N\"-U N - DE (f r-"J!;...fL
6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a
Councilmember in the current or preceding election period? Yes - No K If yes, state which
Councilmember(s):
r/~í? /0' (NOTE: ATTACH ADDITIONAL PAGES A
Date:
/
. Person is defined as - "Any individual. firm, co-partnership, joint venture. associotion, social club, freaternal organization, corporation,
estale. lrusl, receiver, ryndicate, this and any other county. city and country, city municipality, district. or other political Sl
olhEr group or combination acting as 0 unit" 7-/5 ATTACHMENT 7
-. ---',,------.-- -
--..,,----....-
Mitigated Negative Declaration
PROJECT NAME: Country Club Villas
PROJECT LOCA TION: 25 Naples Avenue
ASSESSOR'S PARCEL NO.: 619-100-29/30
PROJECT APPLICANT: Elmcon LTD.
CASE NO.: IS-01-39
DATE: August 8, 2001 (Re-circulated)
A. Project Setting
The 2.25-acre project site is located on the north side of Naples Street west of Hilltop
Drive, west of Interstate 805 (Exhibit A - Locator Map). The site is currently occupied
by a vacant, fire-damaged commercial center. This center is adjacent to an active
shopping center to the east and is enclosed with security fencing. The surrounding area is
fully developed with the followingland uses:
Land Uses Zoning
North Single-Family Residential RJ
Northwest Apartment Residential R3P14
South Single-Family Residentia] R1
East Single-Family Residential RJ
West Golf Course/Single-Family RI
B. Project Description
The proposed project includes a rezone from CN (Neighborhood Commercial) to R3
(Apartment Residential) Zone, a General Plan Amendment to re-designate the site from
CR (Retail Commercial) to RMH (1 1-18 du/gross acre), a Tentative Subdivision Map and
Design Review for the condominium development of 23 lots; 22 residential lots
(condominiums) and J common area lot.
The proposed 22-unit condominium project consists of common areas, sand tot-lot,
private drive, 6-foot high private wooden fences separating the individual lots, a two-car
garage for each unit and 14 guest parking spaces totaling 58 parking spaces. The project
is proposed in two phases of 11 units each. Floor Plan 1, (15 units) will be 1,764 square
feet with a 444 square-foot, two-car garage. Floor Plan 2 (7 units) will be 1,478 square
feet, with a 430 square-foot, two-car garage. The proposed lot sizes range from 2,052
square foot to 3,902 square foot. The internal circulation design and driveway access has
been designed to meet the Chula Vista Fire Department requirement of 24-foot width.
The site is surrounded by existing security fencing and an existing 8-foot high retaining
wall section on the northwest corner. The proposed project includes various types of
interior fencing and 2- to 4-foot high retaining walls, including a 6-foot high decorative
masonry-zoning wall, serving as an acoustical wall, between the commercial parcel along
30
7-/!o ATTACHMENT 8
..- _._._._. "--.-.-.
the east property line continuing along the front of the project. Development of the site
will require limited grading. All utilities and service systems will be provided to each lot.
C Compliance with Zoning and Plans
Applications are currently being processed for amendments to the General Plan from CR
(Retail Commercial) to RMH Residential (Medium-High/11-18 dwelling units per gross
acre) and to rezone from CN (Neighborhood Commercial) to the R3 (Apartment
Residential) Zone. A tentative map has been submitted for the 22-unit condominium
development. Upon approval of these amendments, the project proposal will be
consistent with the Zoning Ordinance, General Plan designation and environmental plans
or policies.
D. Public Comments
On May 7. 2001 Notice oflnitial Study was circulated to property owners wi1hin 500-
foot radius of the proposed project site. The public comment period ended Mav 21, 2001.
One wTitten comment was received from a property owner. The comment was regarding
traffic circulation.
E. Identification of Environmental Effects
An Initial Study conducted by the City of Chula Vista (including an attached
Environmental Checklist fonn) detennined that the proposed mitigation measures would
reduce the project impacts to a less than significant level. and the preparation of an
Environmental Impact Report would not be required. This Mitigated Negative
Declaration has been prepared in accordance with Section 15070 of the State CEQA
Guidelines.
I. Air Qualitv & Hazards
Potential Impacts Associated with Asbestos
During Demolition Phase
The proposed project includes the demolition of a fire-damaged commercial
shopping center. The demolition of these buildings may result in the release of
hazardous materials such as asbestos. In order to mitigate potential impacts to a level
below significance the existing structures will be examined for the presence of
asbestos prior to demolition. Prior to demolition of the existing buildings, the
applicant shall be required to contract with a certified consultant by the State of
California to conduct asbestos assessments and supervise the removal of asbestos if it
is found on-site. The applicant will adhere to all State and local regulations. The
applicant shall be responsible for obtaining all the required penn its from all affected
state and local regulatory agencies including the Air Pollution Control District and
shall provide proof of having obtained approval to precede with this process to the
Planning and Building Department prior to obtaining a building permit.
"
3/
7-/7
. .--..-. ...-. . ... ---'-'--
.... -_.... ......
2. Noise
Potential Impacts Associated with Noise
During Construction Phase
The proposed project includes the development of22 condominium units. According
to the Acoustical Analysis prepared by Dr. Leslie E. Penzes of Dr. Penzes &
Associates. The applicant will be required to mitigate the noise impacts through
design layout, building materials, external walls, window treatments, exterior
hardwood doors, and installation of a masonry sound wall at the property line
between the east side of the site and the parking lot of the adjacent shopping center
and continue westerly along the entire front property line of the project site facing
Naples Street, refer to (Exhibit B).
F. Mitigation Necessary to Avoid Significant Impacts
Specific project mitigation measures are required to reduce potential environmental
impacts identified in the Initial Study to a level below significance. The mitigation
measures will be made a condition of approval and shall be incorporated in the approved
Mitigation Monitoring and Reporting Program (Attachment "A").
Air Qua1itv & Hazards
AsbestosBelated Impacts
During Demolition Phase
I. Prior to demolition of the existing buildings, the applicant shall contract with an
environmental consultant certified by the State of California to conduct testing for the
presence of asbestos and for the proper removal and disposal of this element, if
detected. The applicant shall be responsible for obtaining all the required penn its
from all affected state and local regulatory agencies including the Air Pollution
Control District and shall provide proof of having obtained approval to precede with
this process to the Planning and Building Department prior to obtaining a building
penn It.
Noise
Noise Related Impacts (Internal and External)
During Construction Phase
1. To ensure that the noise level will be less than or equal to 45 dBA in CNEL at any
location inside of the rooms of the dwellings, all the windows and exterior doors
must be closed. Due to the restriction of closed windows, forced ventilation is
required. This shall be established by the installation of fans or an Air Conditioning
System (HVAC).
" The installation of fans or an HV AC system shall be constructed to ensure that the
ducts for the outside air supply and the exhaust be placed at two right angles. Two
air exchanges over the course of one hour are required along with a 20% volume
3
~~
7~11
change per hour, which must be taken from the outdoors per Unifonn Building Code
(UBC) requirements. The ducts for the outside air supply and exhaust must be placed
on opposite sides of the units facing the Naples Street.
WmJows. French Doors. Exterior Hardwood Doors and Exterior Walls
3. All windows, French doors, and exterior hardwood doors on the first and second
floors for the first and second row of units closest to Naples Street shall be designed
and constructed in accordance with the Acoustical Analysis of Country Club Villas
prepared by Dr. Penzes and Associates, dated March 22, 2001 and revised on August
3, 2001. No mitigation is required for the windows, French doors and exterior
hardwood doors of the rest of the dwellings, (refer to Exhibit B).
4. The external walls of all buildings shall be designed and constructed to reduce
interior noise levels in accordance with the Acoustical Analysis of Country Club
Villas prepared by Dr. Penzes and Associates, dated March 22, 2001 and revised on
August 3, 2001 (refer to Exhibit B).
5. The proposed project shall incorporate required construction components such as
building materials jor external walls. window treatments. French doors, exterior
hardwood doors etc. to mitigate the noise impacts as specified in the Acoustical
Analysis of Country Club Villas prepared by Dr. Penzes and Associates, dated March
2001 and revised on August 3, 2001.
Sound Walls
*6. A 6-foot high sound wall shall be erected at the property line between the east side of
the site and the parking lot of Country Club Shopping Center, to the east of the
project site and continue westerly along the entire front property line oj the project
site jacing Naples Street, as specified in the Acoustical Analysis prepared by Dr.
Penzes and Associates, dated March 22.2001 and revised August 3,2001. The sound
wall shall be constructed from concrete blocks or from masonry per the Acoustical
Analysis ojthe Country Club Villas and revised on August 3.2001 (Exhibit B).
*Revised as per the Resource Conservation Commission A1eeting on July 30,2001.
I agree to implement the mitigation measures required as stated in this Section (F) of this
Mitigated Negative Declaration.
G~VIß1 J æ, ~ ~ ~/ pIG (
lfáme, Title / Date/ ,I
(/
N.m.b~~J A~ O", ¡ r ~ ,
4
33
7-/9
G. Consultation
I City of Chula Vista:
Edalia Olivo-Gomez, Environmental Planning
Maria C. Muett, Environmental Planning
Beverly Blessent, Development Planning
Kimberly Vander Bie, Development Planning
Garry B. Williams, Development Planning
Frank Rivera, Engineering
Muna Cuthbert, Adv. Plng.Ængineering
Majed AI-Ghafry, Traffic Engineering
Ben Herrera, PennitsÆngineering
Ralph Leyva, Engineering
Sohaib AI-Agha, Engineering
Silvester Evetovich, Engineering
Carolyn Dakan, Building Division
Richard Preuss, Police Crime Prevention
Ed Thomas, Fire Department
Tim Ripley, Public Works
Applicant's Agent:
Jim Elmore/Stu Wilson
2. Documents
Chula Vista General Plan (1989)
Title 19, Chula Vista Municipal Code
3. Initial Studv
This environmental detennination is based on the attached Initial Study, any
comments received on the Initial Study and any comments received during the public
review period for this Mitigated Negative Declaration. The report reflects the
independent judgment of the City of Chula Vista. Further infonnation regarding the
environmental review of this project is available from the Chula Vista Planning
Department, 276 Fourth Avenue, Chula Vista, CA 9]9] O.
Date sIr¿, I 0 I
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C HULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR ~~cl~k ELMCON LTD PROJECT DESCRIPTION,
ø INITIAL STUDY
PROJECT 25 NAPLES ST Request: Site Plan and architectural for 22 single
ADDRESS, family detached condo units vvith deteched garage.
private street. commOn rec area and 58 parking
SCALE' I FILE NUMBER: spaces.
NORTH ND Scale IS-01-39 Releted Ceses: DRC 01-40 GPA-01-04 PCZ-01-02.
c:hector\IDcatorslis0139.cdr 4.24.01 £KH/B IT A
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-- ,. ._,-- - _Ii --------.-----
Case No.~
ENVIRONMENTAL CHECKLIST FORM
1. Name of Proponent: Elmcon LTD.
2. Lead Agency Name and Address: City ofChula Vista
276 Fourth Avenue
Chula Vista, CA 91910
3. Address and Phone Nnmber of Proponent: 25 Naples Street
Chula Vista, CA 919] 0
4. Name of Proposal: Country Club Villas
5. Date of CheckJist: August 8, 2001 (Recirculated)
Pot,"i.II,
Pot,"'i.II, S'g"m,,", L""h,"
Sig"ifi,,", u""" Stg"ifi,,"' N"
Imp..' ""'g"" Imp." Imp."
I. LAND USE AND PLANNING. Would the
proposal:
a) Conflict with general plan designation or 0 0 ø 0
zoning~
b) Conflict with applicable environmental plans or 0 0 0 ø
policies adopted by agencies with jurisdiction
over the project?
c) Affect agricultural resources or operations (e.g., 0 0 0 ø
impacts to soils or fannlands, or impacts from
incompatible land uses)?
d) Disrupt or divide the physical arTangement of an 0 0 0 ø
established community (including a low-income
or minority community)?
Comments:
The project setting is 2.25-acres in the western portion of the city. The project proposal, 22
condominium units, is located in the CN Zone (Neighborhood Commercial) and within the CR
(Commercial Retail) General Plan Designation. The site is surrounded to the north, south and west by
single-family residences, and apartments, and to the east by a commercial center. A fire-damaged
commercial retail center currently exists on the project site. The proposed project includes a tentative
map for individual condominium lots, a rezone from CN (Neighborhood Commercia]) to R3 (Multiple
Family Residential) Zone, a General Plan Amendment from CR to RMH (Medium to High/] 1-18
dwelling units per gross acre) designation and design review. The project proposal will include the
excavation of approximately 2,200 cubic yards, 3,300 cubic yards for embankment and ],200 cubic
yards of import. Upon approval of the tentative map, General Plan Amendment and rezone, the project
will be consistent with the R3 (Multiple Family Residential) zoning designation, RMH (Medium High
Residential) General Plan designation. and the City's environmental plans and policies. The proposed
increased densities in this neighborhood are anticipated to be compatible based upon their orientation
Page - J
l(~
7-~B
-
and location. The proposed reduction in available retail acreage in this primarily residential
neighborhood would not result in a conflict with the goals and policies of the General Plan. The use
and occupancy of the site by multiple family residential uses "ill not have a significant effect on the
physical aJTangement of the community.
Mitigaíivü Measures:
No mitigation measures are required.
P""",II,
II. POPULATION AND HOUSING. Would the P",.".II) ",.m"., L~,'h..
s".,""., u. ~, 5Ig.'""" No
proposal: Imp", "I<'g"" Imp," Imp",
a) Cumulatively exceed official regional or local 0 0 0 0
population projections?
b) Induce substantial gro\\1b in an area either 0 0 0 0
directly or indirectly (e.g., through projects in an
undeveloped area or extension of major
infrastructure)?
c) Displace existing housing, especially affordable 0 0 0 0
housing?
Comments:
Upon "!,provol of the General Plan Amendment and rezone, the project will be consistent with the
General Plan and Zoning Ordinance. 111e project proposal is an infill development surrounded by
existing residential development and commercial retail use and does not induce substantial population
or housing growth in the area. No existing housing units would be eliminated. The project proposal
will not exceed the regional or local population projections. No significant population and housing
impacts would result from the development of the proposed 22-condominium lots.
Mitigation Measures:
No mitigation measures are required.
P"'"",II,
III. GEOPHYSICAL. Would the proposal result in or P"'.",II, 5Ig.'"""' Lm 'h..
51,.,""" U.'~, Slg.'"'"" No
expose people to potential impacts involving: Imp'" M"'g"" Imp'" Imp'"
a) Unstable earth conditions or changes in geologic 0 0 0 0
substructures?
b) Disruptions, displacements, compaction or over 0 0 0 ø
covering of the soil?
c) Change in topography or ground surface relief 0 0 0 ø
features?
d) The destruction, covering or modification of any 0 0 0 0
unique geologic or physical features?
e) Any increase in wind or water erosion of soils, 0 0 0 ø
either on or off the site?
í) Changes in deposition or erosion of beach 0 0 0 0
sands, or changes in siltation, deposition or
erosion which may modify the channel of a river
P'ge -:'
ÿ}j
- n__- --- .
or stream or the bed of the ocean or any bay
inlet or lake?
g) Exposure of people or property to geologic 0 0 0 ¡;iJ
hazards such as earthquakes, landslides, mud
slides, ground failure, or similar hazards?
Comments:
The project site has already been disturbed with the existing commercial center and no known
geophysical constraints presently exist on site, The proposed project will not expose people to any
additional geologic or earth hazards,
Mitigation Measures:
No mitigation measures will be required,
p"'",;.II,
p"'"';"'" $;,";",,", Lm'h..
IV, WATER. Would the proposal result in: $;,";",,", u"'~, $;,";",,", N,
Imp." M;,;,.", Imp", Imp",
a) Changes in absorption rates, drainage panerns, 0 0 0 ¡;iJ
or the rate and amount of surface runoff?
b) Exposure of people or property to water related 0 0 0 ¡;iJ
hazards such as flooding or tidal waves?
c) Discharge into surface waters or other alteration 0 0 0 ¡;iJ
of surface water quality (e.g., temperature,
dissolved oxygen or turbidity)?
d) Changes in the amount of surface water in any 0 0 0 ¡;iJ
water body?
e) Changes in cuITents, or the course of direction 0 0 0 ¡;iJ
of water movements, in either marine or fresh
waters?
f) Change in the quantity of ground waters, either 0 0 0 ¡;iJ
through direct additions or withdrawals, or
through interception of an aquifer by cuts or
excavations?
g) Altered direction or rate of flow of 0 0 0 ¡;iJ
groundwater?
h) Impacts to groundwater quality? 0 0 0 ¡;iJ
i) Alterations to the course or flow of flood 0 0 0 ¡;iJ
waters?
j) Substantial reduction in the amount of water 0 0 0 ¡;iJ
otherwise available for public water supplies?
Comments:
A "Preliminary Drainage Study" by DGB Survey & Mapping dated March 26, 2001 prepared for the
project states that under the existing conditions (building, concrete slab and paved parking) the runoff
generated from the site during a 50-year storm is 7.09 cfs (cubic feet per second). Presently,
approximately 95 percent of the project site is developed with the existing commercial center and
paved parking area. The project site cuITently drains to Naples Street and existing runoff is conveyed
through an existing curb inlet near the southwest corner of the property.
Page. 3
Vi
7 0
- - ----.-..----.-----
The anticipated runoff generated from the proposed project will drain to the proposed catch basins
connected to the existing drainage facility. Drainage from the site would not impact surface water in
the surrounding water areas. This preliminary study indicates that there will be no significant change
in existing drainage pattern and overall the proposed development will decrease the drainage run-off by
approximately 30 percent.
As a standard Engineering Department condition of approval, the proposed project will be subject to
the requirements of the Clean Water Act and the Regional Water Quality Control Board, National
Pollutant Discharge Elimination Systems (NPDES). The applicant is required to implement the Best
Management Practices to prevent pollution of stOI111 drain facilities during and after construction. A
standard Engineering Department condition of approval requires drainage improvements be included in
the first submittal of grading/improvement plans that defines the method used to convey on-site surface
water. No significant impacts are anticipated to result from development of this project.
Mitigation Measures:
No mitigation measures will be required.
""""';""
V. AIR QUALITY. Would the proposal: p"""""" S'g";fi,,"' L~"h,"
S,,"'fi,,", U"'m Si,"ifi"", N"
'mp'" Mili"", Imp", Imp",
a) Violate any air quality standard or contribute to 0 0 0 ø
an existing or projected air quality violation?
b) Expose sensitive receptors to pollutants? 0 0 ø 0
c) Alter air movement, moisture, or temperature, 0 0 0 ø
or cause any change in climate, either locally or
regionally?
d) Create objectionable odors? 0 0 0 ø
e) Create a substantial increase in stationary or 0 0 0 ø
non-stationary sources of air emissions or the
deterioration of ambient air quality?
Comments:
The project proposal is consistent with the City ofChula Vista General Plan Air Quality Element and
would not substantially affect local or regional air quality. The project would generate an additional
200 average daily trips, would not substantially affect regional air quality. The project would not alter
air movements, humidity, or climatic temperature. The residential project would not create
objectionable odors or expose sensitive receptors to pollutants.
Construction of the condominium project would result in negligible short-tel111 construction and
grading emissions. Fugitive dust would also be created due to clearing, earth movement, and travel on
unpaved surfaces. Air quality impacts resulting from construction related emissions are considered
short-tel111 in duration since construction is a relatively short-tel111, one-time activity. Dust control
during grading operations would be related in accordance with the rules and regulations of the San
Diego Air Pollution Control Dis1rict (APCD).
The proposed project includes the demolition of the fire-damaged commercial building, concrete pad
and asphalt parking lot. The demolition of these buildings may result in the release of hazardous
materials such as asbestos. In order to mitigate potential impacts to a level below significance, the
existing structures will be examined for the presence of asbestos prior to demolition. The applicant
Page -"
~~J
7-3/
.--.--...---- . '-' - ----
-....
will be required to contrac1 with a consultant certified by the State of California to conduct asbestos
assessments and supervise the properremoval of this element ifit is found on-site. The applicant will
adhere to all State and local regulations. These regulations require that a permit be obtained and the
proper procedures followed in the removal of asbestos. The mitigation measures would reduce air
qualit)' impacts to a less than significant level.
Mitigation Measure:
Mitigation measures listed in Section XIX would reduce impacts to a less than significant level.
Po""Ii,II,
VI. TRANSPORTATION/CIRCULATION. Would P"""".IIy 5¡",'fi",,' L~"h,"
the proposal result in: SI",lfi"", V"lm 5Ig"lfi"", No
Imp'" ""Ig..'" Imp." Imp",
a) Increased vehicle trips or traffic congestion? 0 0 0 Cj
- b) Hazards to safety from design features (e.g., 0 0 0 Cj
sharp curves or dangerous intersections) or
incompatible uses (e.g., farm equipment)?
c) Inadequate emergency access or access to 0 0 0 Cj
nearby uses?
d) Insufficient parking capacity on-site or off-site? 0 0 0 Cj
e) Hazards or ban-iers for pedestrians or bicyclists? 0 0 0 Cj
f) Conflicts with adopted policies supporting 0 0 0 Cj
alternative transportation (e.g. bus turnouts,
bicycle racks)?
g) Rail, waterborne or air traffic impacts? 0 0 0 Cj
h) A "large project" under the Congestion 0 0 0 Cj
Management Program? (An equivalent of 2400
or more average daily vehicle trips or 200 or
more peak-hour vehicle trips.)
Comments:
The proposed 22-unit condominium project would have a minimal effect on traffic patterns and
volumes on the adjacent streets. Naples Street provides the primary access to the project. The trip
generation rate per units is eight (8) average daily trips (ADT) per day for a total of 200 additional
(ADT).
Presently, Naples Street is operating at a Level of Service (LOS) "A". Project-generated traffic on
Naples Street would not degrade existing levels of service. The Engineering Department has
determined that the additional ADT volumes on sun-ounding streets would not exceed the City's Level
of Service (LOS) thresholds.
The project applicant will be required to install full improvements (curb, gutter, and sidewalk) along
Naples Street frontage per City Engineering Standards. Fifty-eight (58) parking spaces are proposed.
Twenty-two (22) spaces are enclosed in a garage and fourteen (J 4) will be designated for guest
parking. The proposed parking would meet required City Parking Standard of two (2) spaces per unit.
No hazards or barriers for pedestrians or bicyclists would be created by the proposed condominium
project.
Page - 5
'f~
7-3..l.,
The project is consistent with the Circulation Element of the City's General Plan and Traffic
Thresholds. No significant traffic related impacts would result.
Mitigation Measures:
No mitigation measures will be required.
"',"",lIy
VII. BIOLOGICAL RESOURCES. Would (he '0"",,.1, SI,"lfi,,", L~"h,"
Slg"IO,,", V"I<" SI,"lfin", No
proposal result in impacts to: Imp", MIII",<, Imp", Imp",
a) Endangered, sensitive species, species of 0 0 0 0
concern or species that are candidates for
listing?
b) Locally designated species (e.g., heritage trees)? 0 0 0 0
c) Locally designated natural communities (e.g., 0 0 0 0
oak forest, coastal habitat, etc.)?
d) Wetland habitat (e.g., marsh, riparian and vernal 0 0 0 0
pool)?
e) Wildlife dispersal or migration corridors? 0 0 0 0
f) Affect regional habitat preservation planning 0 0 0 0
efforts?
Comments: The project proposal is within a fully urbanized area. The project site is largely developed
and the remaining undeveloped area contains ornamental plantings. According to the Open Space and
Conservation Element of the General Plan, the project site is not located in an area of potential
biological resources. The draft MSCP (Multiple Species Conservation Subarea Plan) designates this
area for development.
Mitigation Measures:
No mitigation measures will be required.
"'<",I.lIy
"'<"",lIy Sl,"m,,", L~Ih,"
VIII. ENERGY AND MINERAL RESOURCES. Slg"lfi,,", V"'~, sl,"m,,", No
Would the proposal: Imp." MI"",<, Imp", Imp..'
a) Conflict with adopted energy conservation 0 0 0 ø
plans?
b) Use non-renewable resources in a wasteful and 0 0 0 ø
inefficient manner?
c) If the site is designated for mineral resource 0 0 0 Ii!
protection, will this project impact this
protec1ion?
Comments: The project proposal does not conflict with the recently adopted CO, Reduction Plan.
TIle CO, Reduction Plan encourages infill housing and increased housing density near mass transit.
The infill project will provide 22 additional housing opportunities. Residents of the proposed project
would be served by existing transit lines which include Route 704 along east Naples Street and Route
701 along Hilltop Drive. The proponent will provide curb, gutter, and sidewalk along the Naples
Page - 6
'17
7-33
Street frontage. These improvements will aid pedestrian circulation in the project area.
The proposed project is subject to compliance with Energy Requirements of the Uniform
Building Code and therefore, would not result in the use of non-renewable resources in a
wasteful and inefficient manner. The project is not located in an area designated for mineral
resource protection according to the City's General Plan. No significant energy and mineral
resources would result.
Mitigation Measures:
No mitigation measures are required.
p""",ny
IX. , HAZARDS. Would the proposal involve: p","H.ny Sl,"mooo, C", 'h."
Sl,"'fi,,"' "",.., sl,"m,,", N,
Imp", Mill,..,. Imp." Imp",
a) A risk of accidental explosion or release of 0 0 0 ø
hazardous substances (including, but not limited
to: petroleum products, pesticides, chemicals or
radiation)?
b) Possible interference with an emergency 0 0 0 ø
response plan or emergency evacuation plan?
c) The creation of any health hazard or potential 0 0 0 ø
health hazard?
d) Exposure of people to existing sources of 0 ø 0 0
potential health hazards?
e) Increased fire hazard in areas with flammable 0 0 0 ø
brush, grass, or trees?
Comments: The project proposal would result in the division of one parcel into 22 parcels that would
not interfere with the emergency response plan for the area. The sulTounding area is developed with
residential uses and commercial uses that do not include the use or storage of hazardous materials.
There are no known health or fire hazard impacts from the use of the site.
The proposed project includes the demolition and removal of the fire-damaged commercial center.
The demolition of these buildings may result in the release of hazardous materials such as asbestos.
Release of airborne asbestos fibers would result in a significant health hazard unless mitigated.
Mitigation measures included (See Air Quality) would reduce impacts to less than significant.
Mitigation Measures:
Mitigation measures listed in Section XIX would reduce impacts to a less than significant level.
p"'"H,ny
X. NOISE. Would the proposal result il1: P"'"H,ny Sl,"'fiooo, C.."h,"
s;,"'fic'"' v",.., S,,"'fi,,"' N,
Imp,c, MIH"". Imp,,' Imp",
a) Increases in existing noise levels? 0 0 0 ø
b) Exposure of people to severe noise levels? 0 ø 0 0
Page, 7
t{f/
l-3¥
- ---.- .. -----------------
Comments:
The project proposal includes the development of 22 condominium units. According to the Acoustical
Analysis prepared by Dr. Leslie E. Penzes of Dr. Penzes and Associates- nine units will require
mitigation measures to reduce potential noise impacts to a level below significance in accordance with
the City of Chula Vista Performance Standards. Title 19 of the Chula Vista Municipal Zoning Code
specifies Exterior Noise Limits of 50 dB for multiple-family residential at night (10:00 p.m. to 7:00
a.m. weekdays and 10:00 p.m. to 8:00 a.m. weekends) and 60 dB during the day (7:00 a.m. to 10:00
p.m. weekdays and 8:00 a.m. to 10:00 p.m. weekends). The condominium project will be required to
comply with the adopted noise standards.
According to the Acoustical Analysis, the noise contributors would include parking lot traffic and
service delivery truck traffic from the adjacent commercial shopping center and the traffic noise on
Naples Street. The exterior yards of the first row of dwellings along Naples Street, measured noise
levels of67 dBA in CNEL. The proponent will be required to mitigate the noise levels through design
layout, building materials, external walls, window treatments, exterior hardwood doors, and installation
of a masonry sound wall at the property line between the east side of the site and the parking lot of the
adjacent shopping center and continue westerly along the entire front property line of the project site
facing Naples Street. The mitigation measures would reduce potential noise impacts to a less than
significant level.
Development of the condominiums would result in short-term noise impacts related to construction
activities. In accordance with the City's Municipal Code (Section Chapter 17.24.050 - J), construction
will be restricted between the hours of 10:00 p.m. and 7:00 a.m. Monday through Friday, and between
the hours of 10:00 p.m. and 8:00 a.m. Saturday and Sunday. According to the Engineering
Department, noise associated with any grading operation would be regulated by conditions included in
the approved grading permit. Mitigation measures would reduce potential noise impacts to a less than
significant level.
Mitigation Measures:
Mitigation measures listed in Section XIX would reduce impacts to a less than significant level.
Po"n,;,II,
XI. PUBLIC SERVICES. Would the proposal have an P","",lIy S;,nlfi"n' ",,"h,n
S;,nlfi,,", Unl~, Sign;fi"n, No
effect upon, or result in a needfor new or altered 'mp'" Mil;"", Imp'" Imp'"
government services in any of the following areas:
a) Fire protection? 0 0 0 @
b) Police protection? 0 0 0 @
c) Schools? 0 0 0 @
d) Maintenance of public facilities, including 0 0 0 @
roads?
e) Other governmental services? 0 0 0 @
Comments:
The project site is located in western Chula Vista, a fully urbanized area. According to the Police and
Fire Departments, the project would not result in a significant impact to public services. The Chula
Vista Elementary School District recommends annexation to the new Community Facilities District
(CFD) No. 10. However, under State Law the payment of school fees minimizes the impacts to school
facilities to a level below significance.
Mitigation Measures:
No mitigation measures will be required.
Page -- 8
Y-c¡
7-3S-
--_.. -- -------..-.---------'--- ------~.
P",n".",
Po"n,i.", SI,nl","n' u..'h.n
SI,.i"",,' Un'6' SI,ni","n, No
Imp." ""1,.", Imp", Imp",
XII. Thresholds. Will the proposal adversely impact the 0 0 0 Ii
City's Threshold Standards?
As described below, the proposed project does not adversely impact any of the Threshold
Standards.
Po',o",",
Po"n'i.", SI,nm"o' L='h.n
51,.1""0' Unl= Si,nm,"n' N,
Imp", "IH,.", Imp." Imp",
a) FirelEMS 0 0 0 Ii
The Threshold Standards requires that fire and medical units must be able to respond to
calls within 7 minutes or less in 85% of the cases and within 5 minutes or less in 75% of
the cases. It is anticipated that the minor future development on this parcel map will meet
the threshold standards as this project is in a fully urbanized area. The proposed project
would comply with this Threshold Standard.
Comments: According to the Fire Department, the CUrTent level of service is sufficient for the future
development of the condominium units. The nearest fire station is located within 3 miles. The
associated response time is 5-7 minutes. According to the Fire Department, the proponent will be
required to install two fire hydrants. The proposed project is not anticipated to significantly impact the
Fire/EMS Threshold Standard.
Mitigation Measures:
No mitigation measures will be required.
Potm".",
Pot",I.", SI,nl","n' L6.'h.n
Signl","n' Un'~ Signm"n' No
Imp'" "1",.", Imp", Imp."
b) Police 0 0 0 Ii
The Threshold Standards require that police units must respond to 84% of Priority I calls
within 7 minutes or less and maintain an average response time to all Priority] calls of 4.5
minutes or less. Police units must respond to 62.10% of Priority 2 calls within 7 minutes
or less and maintain an average response time to all Priority 2 calls of 7 minutes or less.
The proposed project would comply with this Threshold Standard.
Comments: The Police Department indicates that the current level of police services can continue to
be provided to the project area. The project area is within a fully urbanized area in western Chula
Vista. No impacts to police services are anticipated.
Mitigation Measures:
No mitigation measures will be required.
POI,nt'.",
Pot,n".", Si,nm,"n' L~<h.n
Si,nm"n' Unl~ Signm"., N,
Imp." "Ifi,.", Imp'" Imp'"
Page - 9
Su
7-3~
c) Traffic 0 0 0 ø
1. City-wide: Maintain LOS "c' or better as measured by observed average travel speed
on all signalized arterial segments except that during peak hours a LOS "0'" can occur
for no more than any two hours of the day.
2. West ofl-805: Those signalized intersections that do not meet the standard above may
continue to operate at their current 1991 LOS, but shall not worsen.
Comments: The proposed project will not have a significant impact to the Traffic Threshold
Standard. The primary access road to the project site is Naples Street. There will be
approximately 200 new Average Daily Trips (AOT) generated by the project per day,
According to 1he Engineering Department, the AOT volumes on the primary access
road, Naples Street, before and upon project completion will not exceed the City's
LOS thresholds along adjacent street segments.
Mitigation Measures:
No mitigation measures will be required.
P",o".lIy
Po"o,..II" Sigom"o' L~"h,o
Sigoi",,"' Uo'm 5Ogoi""o' No
Imp'" ",iUg.." Imp." Imp'"
d) Parks/Recreation 0 0 0 ø
The Threshold Standard for Parks and Recreation is 3 acres of neighborhood and
community parkland with appropriate facilities per] ,000 residents east oflnterstate 805
(1-805),
Comments: The proposed project is located west of 1-805, therefore, the Parks and Recreation
Threshold does not apply. Park pad obligation will be required per City Ordinance (refer to Municipal
Code Chapter 17,] D), No significant impact to parks and recreation is anticipated,
Mitigation Measures:
No mitigation measures are required,
P"'oU,II,
P,"oU.II" Sigom"o' Lm "'0
Sigoifi,,"' Uolm Sigoifi"o, N,
Imp", 'IiUg"" Imp'" Imp'"
e) Drainage 0 0 0 ø
The Threshold Standards require that stonn water flows and volumes not exceed
City Engineering Standards, Individual projects will provide necessary
improvements consistent with the Drainage Master Plan (s) and City Engineering
Page - ]0
'"'j I
7-37
----- - ,---, ----'-- ------ --------- -----
Standards- The proposed project will comply with this Threshold Standard.
Comments: The proposed project will not exceed City Engineering standards for stonn water flows or
volumes. The proponent proposes a 12-inch PVC stonn drain across the existing 10-foot drainage
easement which will run into a catch basin on the no!1h east side of the property. An existing 15-foot
drainage easement along the lower southern section of the project site will collect water that drains
onto Naples Street. According to the Engineering Depa!1ment, drainage facilities will be incorporated
into the final project design upon first submittal of grading and improvement plans. The Engineering
Division will require the applicant to obtain a construction penn it to perfonn any work within the
City's right-of- way or public easements. No significant drainage or stonn water impacts would result
from the proposed project.
Mitigation Measures:
No mitigation measures are required.
Po"o".lIy
Po"o".lIy 5I,om,,0' L~, 'hoo
Sl,om"o' "0"" 5;,om,,0, No
Imp'" MI';",., Imp." Imp."
f) Sewer 0 0 0 cg
The Threshold Standards require that sewage flows and volumes not exceed City
Engineering Standards. Individual projects will provide necessary improvements
consistent with Sewer Master Plan(s) and City Engineering Standards. The
proposed project will comply with this Threshold Standard.
Comments: The City Engineering Department has detennined that the existing I2-inch sewer main
under Naples Street and Hilltop Drive are adequate to serve the future development on the project site.
In accordance with Engineering requirements, the proponent proposes the onsite sewer mains to be
publicly maintained. As a standard Engineering condition, the minimum pipe size for public sewer
lines is 8-inches and the sewer main system will be required to provide sufficient access for City
maintenance vehicles to all manholes. No significant sewer impacts would result from the project
proposal.
Mitigation Measures:
No mitigation measures are required.
Po"ol'oily
Po"o,;oll, 5I,om,,0' L." 'hoo
SI,oIO,,"' "o'm 5;'01°"0' No
Impo" Mlli,o'.' Impo" Imp",
g) Water 0 0 0 cg
The Threshold Standards require that adequate storage, treatment, and transmission
facilities are constructed concurrently with planned groV>-1h and that water quality standards
are not jeopardized during groV>-1h and construction. The proposed project will comply
with this Threshold Standard.
Page - I J
S-~
7-38
- ----_._---
Applicants may also be required to participate in whatever water conservation or fee off-set
program the City ofChula Vista has in effect at the time of building pennit issuance.
Comml"nh; The proposed project is located in western Chula Vista serviceable by existing storage,
transmission facilities. According to the Sweetwater Authority, a six-inch water main is
located on the south side of Naples Street adjacent to the site. Adequate fire flow is available to serve
the project site as required by the Chula Vista Fire Department. No significant water impacts would
result from the proposed project.
Mitigation Measures:
No mitigation measures are required.
Pot,"h,"y
XIII. UTILITIES AND SERVICE SYSTEMS. Would p"""';"'y S;g";",,"' L~",,"
S;g"m,,", U"'m S;g";",,", N,
the proposal result in a need for new systems, or Imp", ,,;o'g.'" Imp", Imp'"
substantial alterations to the following utilities:
3) Power or natural gas? 0 0 0 0
b) Communications systems? 0 0 0 0
c) Local or regional water treatment or distribution 0 0 0 0
facilities?
d) Sewer or septic tanks? 0 0 0 0
e) Stonn water drainage? 0 0 0 0
f) Solid waste disposal? 0 0 0 0
Comments: The project site is located in western Chula Vista, a fully urbanized area. In accordance
with Engineering requirements, the sewer system within the condominium development shall be made
public. The existing I2-inch sewer main that runs along Naples Street and Hilltop Drive is adequate to
handle solid and liquid (sewer) waste that will be generated by the proposed project. According to
reviewing agencies, the other existing public service facilities are adequate to serve the project. No
significant impacts to utilities and service systems are anticipated from the proposed project.
Mitigation Measures:
No mitigation measures are required.
P","h,"y
p""""" Stg";"""' '-",rh,"
St,";",,", "",", Sig";"""' N,
XIV. AESTHETICS. Would the proposal: Imp'" ";Oig"" Imp'" Imp'"
a) Obstruct any scenic vista or view open to the 0 0 0 ø
public or will the proposal result in the creation
of an aesthetically offensive site open to public
view?
b) Cause the destruction or modification of a 0 0 0 0
scenic route?
c) Have a demonstrable negative aesthetic effect? 0 0 0 0
Page - ] 2 Ç3
7-d9
d) Create added light or glare sources that could 0 0 0 0
increase the level of sky glow in an area or
cause this project to fail to comply with Section
19.66.100 of the Chula Vista Municipal Code,
Title 19?
e) Produce an additional amount of spill light? 0 0 0 /0
Comments: The proposed project will not have a significant impact to the aesthetics of the
surrounding area. This is an infill project within a fully urbanized area in the western portion of Chula
Vista. The acoustical wall, along the east side, north retaining walls and front entrance wall treatment
will be compatible with the surrounding building features. The proposed project is not located along
any scenic vista or view and will not modify a scenic route. No significant aesthetic impacts will
result from the proposed project.
Mitigation Measures:
No mitigation measures are required.
P","¡;.lIy
XV. CULTURAL RESOURCES. Would the proposal' P","¡;.lIy S;g";fi~"' LmOh,"
S;g";"""' U"I~, Slg";"""' '"
Imp'" MltIg,lO<I Imp", Imp'"
a) Will the proposal result in the alteration of or 0 0 0 0
the destruction or a prehistoric or historic
archaeological site?
b) Will the proposal result in adverse physical or 0 0 0 0
aesthetic effects to a prehistoric or historic
building, structure or object?
c) Does the proposal have the potential to cause a 0 0 0 0
physical change which would affect unique
ethnic cultural values?
d) Will the proposal restrict existing religious or 0 0 0 0
sacred uses within the potential impact area?
e) Is the area identified on the City's General Plan 0 0 0 0
EIR as an area of high potential for
archeological resources?
Comments: According to the Conservation and Open Space Element of the General Plan, the
project site is not located within an area of potential cultural resources The project will include
minimal grading at time of development. No significant cultural resources impacts will result from the
proposed project.
Mitigation Measures:
No mitigation measures are required.
Page - t 3 ~-'f
7-¥o
"",n<i,ny
"n"n<i,II, Signi""n' Lm,"'n
Si,n;""n' "nl", Sign'""n' N,
Imp'" ";<ig"" Imp'" Imp",
XVI. PALEONTOLOGICAL RESOURCES. Willthe 0 0 0 ø
proposal result in the alteration of or the
destruction of pale ontological resources?
Comments: The Conservation and Open Space Element of the General Plan does identify the
subject site or surrounding vicinity as an area of moderate paleontological resources. The proposed
project is located in a fully urbanized area and is relatively flat. During time of development, it is
anticipated that minimal grading will be required. There would be no significant paleontological
resourèe impacts on the project site because the site is already disturbed by the existing shopping
center and site improvements.
Mitigation Measures:
No mitigation measures are required.
"""<i,ny
XVII. RECREATION. Would the proposal: ","n<i,II, Si,nm,,", Lm,""
Signi",,", Unl", Signi",,", Nn
Imp'" "hi"", Imp,,' Imp'"
a) Increase the demand for neighborhood or 0 0 0 ø
regional parks or other recreational facilities?
b) Affect existing recreational opportunities? 0 0 0 ø
c) Interfere with recreation parks & recreation 0 0 0 ø
plans or programs?
Comments: The proposed project is consistent with the City's General Plan Parks and Recreation
Element. The project review is for an infill project on the west side of the City and does not increase
the need for new parks or recreational facilities. Park pad fees would be required as per City
Ordinance (refer to City Municipal Code, Chapter] 7. 10).
Mitigation Measures:
No mitigation measures are required.
","n<i,ny
XVIII. MANDA TORY FINDINGS OF ","n<i,n, Si,ni",,", Lm'h"
Si,ni""" Unlm Signi",,", N,
SIGNIFICANCE: See Negative Declaration for Imp," Mi<i"", Imp", Imp'"
mandatory findings of significance. If an EIR is
needed, this section should be completed.
a) Does the project have the potential to degrade 0 0 0 ø
the quality of the environment, substantially
reduce the habitat of a fish or wildlife species,
cause a fish or wildlife population to drop below
self-sustaining levels, threaten to eliminate a
plant or animal community, reduce the number
Page - 14 <))
7-'/1
------ .._--------- .. -----...--
or restrict the range of a rare or endangered
plant or animal or eliminate important examples
of the major periods or California history or
preh istory"
Comments: The project proposal is in a fully urbanized area of western Chula Vista. The
surrounding area is developed with residential, commercial and recreational uses. Neither sensj¡ive
plant nor animal resources, nor historical or archae logical resources are present on the site. The
proposed project will have no significant impact to the quality of the environment, reduction of habitat
of wildlife species or threaten the historical preservation of the area.
Mitigation Measures:
No mitigation measures are required.
."..Hnlly
P".ntl,lIy Slgnm".. L~,""
Slgn;O"n! Vnl", Slgn;O".. N,
Impn" MIHg."d Imp'" Imp",
b) Does the project have the potential to achieve 0 0 0 ~
short-tenn, to the disadvantage of long-term,
environmental goals?
Comments: The project proposal is consistent with the Genera] Plan and the approved Draft Multiple
Species Conservation Subarea Plan (MSCP) dated October 2000. The project will not negatively alter
long-tenn, environmental goals-
Mitigation Measures:
No mitigation measures are required-
p",..lnlly
."..H,lIy S;gom,,"1 Lm""
S;gom".. Vnl~, Slgom"nl N,
Imp." MIHg",d Imp", Imp",
c) Does the project have impacts that are 0 0 0 ~
individually limited, but cumulatively
considerable? ("Cumulatively considerable"
means that the incremental effects of a project
are considerable when viewed in connection
with the effects of past projects, the effects of
other current projects, and the effects of
probable future projects.)
Comments: There are no other current or foreseeable projects in the surrounding area that would
contribute to cumulatively considerable impacts. This is a small infill project within a fully urbanized
area of western Chula Vista and consistent with the goals and vision of the General Plan.
Mitigation Measures:
No mitigation measures are required-
Page - 15 5"'h
7-¥~
---------
- ---------
"","".lIy
P"'"""", 5'",","" L<»<>",
5'","u", lI,'~, 5;"lfiu,' No
Imp"" ""',"..' Imp'" Imp."
d) Does the project have environmental effects, 0 0 0 [I'
which will cause substantial adverse effects on
human beings, either directly or indirectly?
Comments: The proposed project is in a fully urbanized area of western Chula Vista. The
surrounding area is developed with residential and commercial uses. The proposed project, 22
condominium units will not create substantial adverse effects on human beings, either directly or
indirectly
XIX. PROJECT REVISIONS OR MITIGATION MEASURES:
The following project revisions or mitigation measures have been incorporated into the project and will
be implemented during the design, construction or operation of the project:
Air Quality & Hazards
AsI?~stosR~I_ateQlmpacts
During Demolition Phase
I. Prior to demolition of the existing buildings, the applicant shall contract with an
environmental consultant certified by the State of California to conduct testing for the
presence of asbestos and for the proper removal and disposal of this element, if detected.
The applicant shall be responsible for obtaining all the required penn its from all affected
state and local regulatory agencies including the Air Pollution Control District and shall
provide proof of having obtained approval to proceed with this process to the Planning
and Building Department prior to obtaining a building penn it.
Noise
Noise Related Impacts (Internal and External)
During Construction Phase
I. To ensure that the noise level will be less than or equal to 45 dBA in CNEL at any
location inside of the rooms of the dwellings, all the windows and exterior doors must be
closed, Due to the restriction of closed windows, forced ventilation is required, This
shall be established by the installation of fans or an Air Conditioning System (HV AC)-
Page, ] 6 57
7-£/3
..,--_._" ,-,.. --....., -,----,., -'
2. The installation of fans or an HV AC system shall be constructed to ensure that the ducts
for the outside air supply and the exhaust be placed at two right angles. Two air
exchanges over the course of one hour are required along with a 20% volume change per
hour, which must be taken from the outdoors per Uniform Building Code (UBC)
requirements. The ducts for the outside air supply and exhaust must be placed on
opposite sides of the units facing the Naples Street.
Windows. French Doors. Exterior Hardwood Doors and Exterior Walls
3. All windows, french doors, and exterior hardwood doors on the first and second floors for
the first and second row of units closest to Naples Street shall be designed and
constructed in accordance with the Acoustical Analysis of Country Club Villas prepared
by Dr. Penzes and Associates, dated March 22, 200 I and revised on August 3, 2001. No
mitigation is required for the windows, trench doors and exterior hardwood doors of the
rest of the dwellings, (refer to Exhibit B).
4 The external walls of all buildings shall be designed and constructed to reduce interior
noise levels in accordance with the Acoustical Analysis of Country Club Villas prepared
by Dr. Penzes and Associates, dated March 22, 2001and revised on August 3, 2001 (refer
to Exhibit B).
5. The proposed project shall incorporate required construction components such as
building materials for external walls, window treatments, french doors, exterior
hardwood doors etc. to mitigate the noise impacts as specified in the Acoustical Analysis
of Country Club Villas prepared by Dr. Penzes and Associates, dated March 22, 2001
and revised on August 3, 2001.
C;Q\1nd Wall
*6. A 6-foot high sound wall shall be erected at the property line between the east side of the
site and 1he parking lot of Country Club Shopping Center, to the east of the project site
and continue westerly along the entire front property line of the project site facing Naples
Street, as specified in the Acoustical Analysis prepared by Dr. Penzes and Associates.
dated March 22, 2001 and revised August 3. 2001. The sound walls shall be constructed
from concrete blocks or from masonry per the Acoustical Analysis of the Country Club
Villas and revised on August 3. 2001 (Exhibit B).
*Revised as per the Resource Conservation Commission Meeting on July 30,2001.
Page. 17 rs--f
7-£/¥-
-.. .... ._. -- --.----.. ---..
XX. AGREEMENT TO IMPLEMENT MITIGATION MEASURES
By signing the line(s) provided below, the Applicant(s) and/or Operator(s) stipulate that they have each
read, understood and have their respective company's authority to and do agree to the mitigation measures
contained herein, and will implement same to the satisfaction of the Environmental Review Coordinator.
Failure to sign the !ine(s) provided below prior to adoption of the Addendum shall indicate the
Applicants' ancllor Operator's desire that the Project be held in abeyance without approval.
Dat:;/~ /
~gflature of Authorized Represen ative of
roperty Owner's Name]
Stu Wilson
Printed Name and Title of Authorized Representative of
[Property 0 er' Na ] ~
l 1'6 r ì
Signature fAuthorized Representative of Date !
[Property Owner's
Printed Name and Title of
[Operator if different from Property Owner]
Signature of Authorized Representative of Date
[Operator if different from Property Owner]
XXI. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project, involving at least
one impact that is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated," as
indicated by the checklist on the following pages.
0 Land Use and Planning 0 Transportation/Circulation 0 Public Services
Page - ] 8 )/
----~_.
D Population and Housing D Biological Resources D Utilities and Service
Systems
D Geophysical D Energy and Mineral Resources D Aesthetics
D Water [g Hazards D Cultural Resources
[g Air Quality [g Noise D Recreation
D Paleontological D Mandatory Findings of Significance
Resources
XXII. DETERMINA nON:
On the oasis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the environment, D
and a NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the 181
environment, there will not be a significant effect in this case because the mitigation
measures described on an attached sheet have been added to the project. A MITIGATED
NEGA TIVE DECLARA nON will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an D
ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have a significant effect(s) on the environment, but D
at least one effect: I) has been adequately analyzed in an earlier document pursuant to
applicable legal standards, and 2) has been addressed by mitigation measures based on the
earlier analysis as described on attached sheets, if the effect is a "potentially significant
impacts" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT
REPORT is required, but it must analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the
environment, there WILL NOT be a significant effect in this case because all potentially
significant effects (a) have been analyzed adequately in an earlier EIR pursuant to
applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR,
including revisions or mitigation measures that are imposed upon the proposed project. An
addendum has been prepared to provide a record ofthis detennination.
g/3 10 I
Date ( I
H\HOME\PLANNfNG\MARJA\"ISClIS-OJ -39 ,hkl$ldo,
Page - 19 (00
7-f/{P
Å TTACHMENT "A"
MITIGATION MONITORING AND REPORTING PROGRAM (l\1MRP)
Country Club Villas, Chula Vista, IS-Ol-O39
This Mitigation Monitoring and Reporting Program has been prepared by the City ofChula Vista
in conjunction with the proposed Country Club Villas project (IS-01-039). The proposed project
has been evaluated in an Initial Study/Mitigated Negative Declaration (ISIMND) prepared in
accordance with the California Environmental Quality Act (CEQA) and City/State CEQA
guidelilJes. The legislation requires public agencies to ensure that adequate mitigation measures
are implemented and monitored for Mitigated Negative Declarations, such as IS-01-039.
AB 3180 requires monitoring of potentially significant and/or significant environmental impacts.
The Mitigation Monitoring and Reporting Program for this project ensures adequate
implementation of mitigation for the following potential impacts(s):
I. Air Quality and Hazards; and
2. Noise.
MONITORING PROGRAM
Due to the nature of the environmental issues identified, the Mitigation Compliance Coordinator
shall be the Environmental Review Coordinator for the City of Chula Vista. The applicant shall
be responsible to ensure that the conditions of the Mitigation Monitoring and Reporting Program
are met to the satisfaction of the Environmental Review Coordinator. Evidence in written form
confirming compliance with the mitigation measures specified in MND/IS-01-039 shall be
provided by the applicant to the Environmental Review Coordinator. The Environmental Review
Coordinator will thus provide the ultimate verification that the mitigation measures have been
accomplished.
Table I, Mitigation Monitoring and Reporting Program, lists the mitigation measures listed in
Section E, Mitigation Necessary to Avoid Significant Effects, of the Mitigated Negative
Declaration, which will be implemented as part of the project. In order to determine if the
applicant has implemented the measure, the method and timing of verification are identified,
along with the City department or agency responsible for monitoring/verifying that the applicant
has completed each mitigation measure. Space for the signature of the verifYing person and the
date of inspection is provided in the last column.
(H\home\ploonlng\n,,;n\IS-OI -049 MMRP ",'doc) ,,/
7-'-17
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- ---------------
REVISED
ADDENDUM TO COUNTRY CLUB VILLAS,
MITIGATED NEGATIVE DECLARATION IS-Ol-039
PROJECT NAME: Country Club Villas
PROJECT LOCATION: 25/33Naples Avenue
PROJECT APPLICANT: Elmcon Ltd.
DATE: September 24,2001
I. INTRODUCTION
The environmental review procedures of the City of Chula Vista and the
California Environmental Quality Act (CEQA) allow the Environmental Review
Coordinator (ERe) to prepare an addendum to a Negative Declaration, Mitigated
Negative Declaration or Environmental Impact Report (EIR) if one of the
following conditions is present:
1. The minor changes in the project design which have occurred since
completion of the Final EIR or Negative Declaration have not created any
new significant environmental impacts not previously addressed in the
Final EIR or Negative Declaration.
2. Additional or refined information available since completion of the Final
EIR or Negative Declaration or Mitigated Negative Declaration regarding
the potential environmental impact of the project, or regarding the
measures or alternatives available to mitigate potential environmental
effects of the project, does not show that the project will have one or more
significant impacts which were not previously addressed in the Final EIR
or Negative Declaration.
This addendum has been prepared in order to provide additional infonnation and
updated analysis concerning potential project impacts as a result of a minor
change to the project. The change consists of a proposed gate opening within the
acoustical wall along the eastern property line, adjacent to the common recreation
area. The basic conclusions of the Initial Study have not changed. Noise impacts
created by the proposed change are found to be less than significant for the
proposed project and reanalyzed in the Noise Study for IS-01-39.
Therefore, in accordance with Section 15164 of the CEQA guidelines, the City
has prepared the following addendum to IS-01-39.
7-SD
ATTACHMENT 9
--. - ------.-. -- --.--------.-
II. PROJECT DESCRIPTION
The previously analyzed project includes a rezone from CN (Neighborhood
Commercial) to R3 (Apartment Residential) Zone, a General Plan Amendment to
re-designate the site from CR (Retail Commercial) to RMH (11-18 du/gross acre),
a Tentative Subdivision Map and Design Review for the condominium
development of 23 lots; 22 residential lots (condominiums) and I common area
lot. The proposed change, an access gate through the eastern acoustical wall
adjacent, would create a pedestrian friendly atmosphere within the common
recreation area.
The proposed change does not require additional discretionary applications.
III. PROJECT SETTING
The 2.25-acre project site is located on the north side of Naples Street west of
Hilltop Drive, west of Interstate 805. The site is currently occupied by a vacant,
fire-damaged commercial center. This center is adjacent to an active commercial
center to the east and is enclosed with security fencing. The surrounding area is
fully developed to the north, south and east with single-family residences, to the
northwest with apartments, and to the west with single-family residences and a
private golf course. The project site is relatively flat and had been graded for
earlier development.
V. IDENTIFICATION OF ENVIRONMENTAL EFFECTS
NOISE
The proposed project includes the development of 22 condominium units.
According to the Acoustical Analysis prepared by Dr. Penzes & Associates dated
March 22, 2001 and August 3, 2001. The applicant shall be required to mitigate
the noise impacts through design layout, building materials, external walls,
window treatments, exterior hardwood doors, and installation of a masonry sound
wall. The sound wall shall be located at the property line between the east side of
the site and the parking lot of the adjacent shopping center and continue westerly
along the entire front property line of the project site facing Naples Street.
AccordinK to the updated Acoustical Analysis prepared by Dr. Penzes, dated
AUKust 30, 2001, the sound wall will continue to adequately mitiKate noise
impacts with the installation of a wrouKht iron Kate. The potential noise impact
from the inclusion of a wrouKht iron Kate within the sound wall would be minimal
since the noise level would continue to be reduced to 60 dBA within the entire
area with the exception of an 8-fi. radius semi-circle around the Kate. No
additional mitiKation is needed within the 8-fi. radius semi-circle where noise
7-SI
impacts may exceed 60dBA due to the minimal size of the area and the short
duration that the f!;ate will be open. In addition, there are no activities that will
occur within that 8-foot radius that would be adversely impacted by excess noise
levels. The areas beyond the radius would continue to have noise levels
adequately reduced.
VI. CONCLUSION
The analysis and conclusions presented in the Mitigated Negated Declaration (IS-
01-39) are not changed significantly by the proposed revisions to the noise study
and preparation of another subsequent environmental document is not warranted.
Pursuant to Section 15164 of the State CEQA Guidelines and based upon the
above discussion, I hereby find that the project revisions to the proposed project
will result in only minor technical changes or additions which are necessary to
make the Mitigated Negative Declaration adequate under CEQA.
1~¿:~~}9) 1f)/3jf)}
Date/
Environmental Review Coordinator
REFERENCES:
City ofChula Vista General Plan (1989)
Title 19, Chula Vista Municipal Code
City ofChulaVista Environmental Review Procedures
Mitigated Negative Declaration for IS-01-39
Noise Study and amendments, Dr. Penzes and Associates
J\Planning\MARlA\lnitial Study\IS-OI-39Addendum Revised.doc
7-5).,
0
RESOLUTION NO.
--
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING MITIGATED NEGATIVE
DECLARATION IS-Ol-039 AND APPROVING AN
AMENDMENT TO THE GENERAL PLAN OF THE CITY OF
CHULA VISTA AT 25/33 NAPLES STREET.
A. RECITALS
1. Project Site
WHEREAS, the parcel that is the subject matter of this resolution is represented in
Exhibit A, attached hereto, and incorporated herein by this reference, and for the
purpose of general description is located at 25/33 Naples Street ("Project Site");
and
2. Project Applicant
WHEREAS, on February 5,2001, a duly verified application for a General Plan
Amendment (GPA-01-04) was filed with the City ofChula Vista Plamring Division
by Elmcon Ltd. (Applicant); and
3. Project Description; Application for General Plan Amendment
WHEREAS, Applicant requests that the General Plan designation for the property
at 25/33 Naples Street be amended from Retail Commercial to Residential Medium
prior to requesting rezoning the property from C-N (Neighborhood Commercial) to
R-3 (Apartment Residential) for the purpose of developing a 21-unit single-family
detached condominium complex on the Project Site; and
4. Environmental Determination
WHEREAS, in accordance with the requirements of the California Environmental
Quality Act (CEQA), the Environmental Review Coordinator determined that the
Project required the preparation of an Initial Study. Such study (15-01-039) was
prepared by city staff, and based on such study, a Mitigated Negative Declaration
was prepared and circulated for public review.
WHEREAS, the Resource Conservation Commission determined that the Initial
Study was adequate and recommended adoption of a Mitigated Negative
Declaration on July 30, 2001, in compliance with CEQA. The Planning
Commission recommended adoption of the same Mitigated Negative Declaration on
August 22, 2001.
7/)~/
.
5. Planning Commission Record on Application
WHEREAS, the Planning-Commission scheduled and advertised a public hearing
on the Project for August 22, 2001; and
WHEREAS, at the August 22,2001 meeting, the Planning Commission considered
a motion to support staff's recommendation for the General Plan Amendment, and
voted 4-0 to recommend that the City Council adopt the Mitigated Negative
Declaration and the General Plan Amendment in accordance with Planning
Commission Resolution GPA-OI-04/PCZ-01-02; and
6. City Council Record of Application
WHEREAS, a duly called and noticed public hearing on the Project was held
before the City Council of the City of Chula Vista on October 9, 2001 to receive
the recommendation of the Planning Commission, and to hear public testimony
with regard to same.
NOW, THEREFORE BE IT RESOLVED that the City Council does hereby find,
detem1ine and resolve as follows:
A. PLANNING COMMISSION RECORD
The proceedings and all evidence on the amendment to the City of Chula Vista General
Plan introduced before the Planning Commission at their public hearing on this Project
held on August 22, 2001 and the minutes and resolution resulting therefrom, are hereby
incorporated into the record of this proceeding.
B. CERTIFICATION OF COMPLIANCE WITH CEQA
The City Council does hereby fmd that the Mitigated Negative Declaration issued for this
Project has been prepared in accordance with requirements of the California Environmental
Quality Act and the Environmental Review Procedures of the City of Chula Vista.
C. INDEPENDENT .nJDGMENT OF THE CITY OF CHULA VISTA CITY COUNCIL
The City Council finds that the Mitigated Negative Declaration prepared for this Project
reflects the independent judgment of the City of Chula Vista City Council, and hereby
adopts the Mitigated Negative Declaration, a copy of which is on file in the office of the
City Clerk.
D. INCORPORATION OF MITIGATION MEASURES
The City does hereby adopt and incorporate herein as conditions for this approval all
applicable mitigation measures, as set forth in the Environmental Document IS-OI-039.
7/j -02.
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Resolution No. Page #3
E. GRANT OF GENERAL PLAN AMENDMENT
--
The City Council hereby grants the proposal to amend the General Plan designation of
25/33 Naples Street from Retail Commercial to Residential Mediurn.
F. NOTICE OF DETERMINATION
The City Council directs the Envirorunental Review Coordinator to post a Notice of
Determination and file the same with the City Clerk.
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista,
California this 9th day of October, 2001.
Presented by Approved as to form by
:~( ~C~
Robert A. Leiter J~hn . aheny d
Director of Planning and Building City Attorney
H:\HOME\PLANNING\KIM\City Council ResolutlonsIPCC-OO-58 Cox Sprint. Rohr.doc
71
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~
C HULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR Ä~~CI~'ik ELMCON LTD. PROJECT DESCRIPTION:
C) GENERAL PLAN AMENDMENT
:g~~~1: 25/33 Naples Street Request: To change General Plan designation
from Retail Cmmercial to Residential Medium.
SCALE: I FILE NUMBER: Related Cases: PC8-01-10, PCZ-01-02
NORTH No Scale GPA - 01 - 04 DRC-01-40.18-01-39
j:\home\planning\cherryl\locators\gpa0104.cdr 09.21.01 719 EXHIBIT A
<
ORDINANCE NO. -
AN ORDINANCE OF TilE CITY COUNCIL OF THE CITY
OF CHULA VISTA -AMENDING THE ZONING MAP
ESTABLISHED BY SECTION 19.18.0l0 OF THE CHULA
VISTA MUNICIPAL CODE BY REZONING 2.25 ACRES AT
25/33 NAPLES STREET FROM CoN (NEIGHBORHOOD
COMMERCIAL) TO R-3 (APARTMENT RESIDENTIAL).
WHEREAS, the property consists of 2.25 acres located at 25/33 Naples Street (site),
diagrammatically represented in the attached Exhibit A; and,
WHEREAS, a duly verified application for rezoning was filed with the Planning Division of
the Planning and Building Department on February 5, 2001; and,
WHEREAS, the application (PCZ-01-02) requests approval to rezone 25/33 Naples Street
from CoN (Neighborhood Commercial) to R-3 (Apartment Residential) for the purpose of
developing a 2l-unit single-family detached condominium complex; and,
WHEREAS, the Planning Division of the Planning and Building Department set the time
and place for a hearing on said rezone application, and notice of said hearing, together with its
purpose, was given by its publication in the newspaper of general circulation in the City and its
mailing to property owners within 500 feet of the exterior boundaries of property at least 10 days
prior to the hearing; and,
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m.,
August 22,2001 in the Council Chambers, 276 Fourth Avenue, Chula Vista, California, before the
Planning Commission, and said hearing was thereafter closed; and
WHEREAS, from the facts presented, the Planning Commission determined that the
rezoning is consistent with the City of Chula Vista General Plan and that public necessity,
convenience and good zoning practice support the rezoning to R-3 (Apartment Residential); and
WHEREAS, the Planning Commission had previously found that the Mitigated Negative
Declaration (IS-Ol-O39) for the project would adequately reduce potential significant effects to a
level below significant, and voted 4-0 to recommend that the City Council approve the rezoning of
the project site to R-3 (Apartment Residential); and
WHEREAS, the City Council has adopted Mitigated Negative Declaration IS-0l-O39 and all
of its mitigation measures.
C:IMY DOCUMENTSICITY COUNCIL RESOLUTIONSIPCZ-OI-O2 <f°UNTRY CLUB VlLLAS.DOC
76-/
.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista
does hereby find, determine, and ordain as follows:
Section I: The rezoning provided f~erein is consistent with the City ofChula Vista General
Plan, and is supported by public necessity, convenience, general welfare, and good
zoning practice.
Section II: The City ofChula Vista Zoning Map established by Section 19.18.010 of the Chula
Vista Municipal Code is hereby amended to rezone the site from CoN (Neighborhood
Commercial) to R-3 (Apartment Residential).
Section IV: This ordinance shall take effect and be in full force the 30th day from its adoption.
Presented by Approved as to form by
~e:~
Robert A. Leiter
Director of Plamring City Attorney
C:IMY DOCUMENTSICITY COUNCIL RESOLUTIONSIPCZ-OI-O2 20UNTRY CLUB VlLLAS.DOC
76 -;Z
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I
C HULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR .Ä~~~I~ ELMCON LTD. PROJECT DESCRIPTION:
C) REZONE
.Ä~g~~~1: 25133 Naples Street Request: Rezone from CoN (Neighborhood Commercial)
to R-3 (Apartment Residential).
SCALE: I FILE NUMBER: Related Cases: GPA-o1-o4, 15-01-039,
NORTH No Scale PCZ-01-02 PCS-O1-1 O,DRG-O1-40
j:\home\planning\cherryl\locators\pcz01 02.cdr 09.21.01 7<3 ~ ¿) EXHIBIT A
.._m_..- "-"'--'- -----
RESOLUTION NO.
RESOLUTION OF THê_CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AND IMPOSING CONDITIONS ON
THE COUNTRY CLUB VILLAS TENTATIVE SUBDIVISION MAP
(PCS-01-10), A 2.25-ACRE, 31-LOT CONDOMINIUM
DEVELOPMENT FOR 21 SINGLE-FAMILY DETACHED
DWELLING UNITS, LOCATED AT 25/33 NAPLES STREET,
CHULA VISTA TRACT NO. CVT 01-10.
I RECITALS
A. Project Site
WHEREAS, the area of land commonly known as Country Club Villas Tentative
Subdivision Map (PCS-01-10), Chula Vista Tract No. 01-10, which is the subject matter
of this resolution, and is diagrammatically represented in Exhibit "A", attached hereto
and incorporated herein by this reference; and for the purpose of general description
herein consists of 2.25 acres located at 25/33 Naples Street, within the Apartment
Residential Zone (R-3), and within the General Plan Land Use Designation of
Residential Medium (6 - 11 dwelling units per acre), consisting of APN 619-100-2900
and 619-100-3000 ("Project Site"); and
B. Project; Application for Discretionary Approval
WHEREAS, on May 8, 2001, Elmcon Ltd. ("Developer") filed a tentative
subdivision map application with the Planning Division of the City of Chula Vista and
requested approval of the Tentative Subdivision Map (PCS-01-10) known as Country
Club Villas, Chula Vista Tract No. 01-10, in order to subdivide the project site into a 23-
lot condominium development for 22 single-family detached condominium units
("Project"); and
C. Planning Commission Record on Application
WHEREAS, the Planning Commission held an advertised public hearing on said
project on August 22,2001 and voted 4-0 to continue the project to September 12, 2001
so that the Developer could prepare and submit a revised Tentative Subdivision Map
addressing concerns expressed by the Planning Commission; and,
WHEREAS, on September 12, 2001, the Developer brought a revised Tentative
Subdivision Map (consisting of 31 lots, including nine common lots, one street lot, and
21 residential lots for 21 single-family detached condominium units) before the Planning
Commission, who voted 5-1 to recommend that the City Council approve the Project
based on the findings and subject to the conditions listed below, in accordance with
Planning Commission Resolution PCS-01-10; and
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Resolution No. . Page 2
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D. Environmental Determination
WHEREAS, the City Council previously adopted a Mitigated Neg'!tive
Declaration (IS-01-039), in accordance with the requirements of the California
Environmental Quality Act (CEÔAJ; and
E. City Council Record on Application
WHEREAS, a duly called and noticed public hearing was held at the time and
place as advertised on October 9, 2001 in the Council Chambers, 276 Fourth Avenue
before the City Council of the City of Chula Vista to receive the recommendation of the
Planning Commission, and to hear public testimony with regard to the Project, and said
hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find,
determine, and resolve as follows:
II. PLANNING COMMISSION RECORD
The proceedings and all evidence on the project introduced before the Planning
Commission at their public hearings on this project held on August 22 and September
12, 2001, and the minutes and resolution resulting therefrom, are hereby incorporated
into the record of this proceeding.
III. TENTATIVE SUBDIVISION MAP FINDINGS
A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the
City Council finds that the Tentative Subdivision Map (PCS-01-10) for Country Club
Villas, Chula Vista Tract No. 01-10, as conditioned herein, is in conformance with the
various elements of the City's General Plan based on the following:
1. Land Use
The General Plan Land Use Designation is Residential Medium (6 - 11 dwelling units
per gross acre). The proposed 31-lot subdivision is within the allowable density and
permitted number of dwelling units. Therefore, as conditioned, the Project is in
substantial compliance with the City's General Plan.
2. Circulation
The private street required to serve the subdivision will be constructed or paid for by the
developer in accordance with the Conditions of Approval. The private street within the
Project will be designed in accordance with the City design standards and/or
requirements and provide for vehicular and pedestrian connections with adjacent streets.
3. Housing
The housing provided within the Project will be market-rate housing. The Project will
provide additional single-family detached condominiums in an established western Chula
Vista neighborhood.
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Resolution No. ~ . Page 3
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4. Conservation
The Project site is known to have significant environmental impacts, which .are
addressed by the mitigation measures. The mitigation monitoring and reporting program
is incorporated into the conditionšõf approval.
5. Parks and Recreation, Open Space
The Project will be required to pay park acquisition and development fees prior to
approval of a final map. The individual lots possess some rear and side yard areas.
6. Seismic Safety
The Project is in conformance with the goals and policies of the Seismic Element of the
General Plan for this site. The site is not located adjacent to an identified or inferred
geologic fault.
7. Safety
The Project is within the General Plan standard for response time of both police and fire
services. The emergency services agencies have reviewed the proposed subdivision for
conformance with City safety policies and have determined that the proposal meets the
City Threshold Standards for emergency services.
8. Noise
The Project will be required to meet the residential standards of the General Plan's
Noise Element and Municipal Code. The dwelling units will be required to meet the
Uniform Building Code standards with regard to acceptable interior noise levels.
9. Scenic Highway
The Project does not abut a scenic route or gateway.
10. Bicycle Routes
The private street within and the public street adjoining the Project do not include a
designated bike route.
11. Public Buildings
No public buildings are planned or proposed for the Project.
B. Pursuant to Government Code Section 66412.3 of the Subdivision Map Act, the
Council certifies that it has considered the effect of this approval on the housing needs of
the region and has balanced those needs against the public service needs of the
residents of the City and the available fiscal and environmental resources.
C. Pursuant to Government Code Section 66473.1 of the Subdivision Map Act, the
configuration, orientation, and topography of the site allows for the optimum siting of lots
for natural and passive heating and cooling opportunities, and that the development of
7C-3
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Resolution No. . Page 4
-
the site will be subject to site plan and architectural review to insure the maximum
utilization of natural and passive heating and cooling opportunities.
D. The site is physically suitable for residential development and the propósal
conforms to all standards establÎshed by the City for such projects.
E. The conditions herein imposed on the grant of permit or other entitlement herein
contained is approximately proportional both in nature and extent to the impact created
by the proposed development.
BE IT FURTHER RESOLVED that the City Council does hereby approve the
Project subject to the general and specific conditions set forth below:
IV. GENERAL CONDITIONS OF APPROVAL
The approval of the foregoing Project is hereby conditioned as follows:
Environmental:
1. Prior to demolition of the existing accessory buildings, the applicant shall contract with
an environmental consultant certified by the State of California to conduct testing for the
presence of asbestos and for the proper removal and disposal of this element, if
detected. The applicant shall be responsible for obtaining all the required permits from
all affected state and local regulatory agencies, including the Air Pollution Control
District, and shall provide proof of having obtained approval to proceed with this process
in the Planning and Building Department prior to obtaining a building permit.
2. To ensure that the noise level will be less than or equal to 45 dBA in CNEL at any
location inside of the rooms of the dwellings, all the windows and exterior doors must be
closed. Due to the restriction of closed windows, forced ventilation is required. This can
be established by the installation of fans or an Air Conditioning System (HVAC). Either
one of these can be provided by the design.
3. The installation of fans or an HVAC system must be constructed to ensure that the ducts
for the outside air supply and the exhaust be placed at two right angles. Two air
exchanges over the course of one hour are required, along with a 20% volume change
per hour, which must be taken from the outdoors, per UBC requirements. The ducts for
the outside air supply and exhaust must be placed on opposite sides of the units facing
Naples Street.
4. All windows, French doors, and exterior hardwood doors on the first and second floors
for the first and second row of units closest to Naples Street shall be designed and
constructed in accordance with the Acoustical Study prepared by Dr. Penzes and
Associates, dated March 22, 2001. No mitigation is required for the windows, french
doors and exterior hardwood doors of the rest of the dwellings (refer to Exhibit B of
Mitigated Negative Declaration).
5. The external walls of all buildings shall be designed and constructed in accordance with
the Acoustical Study prepared by Dr. Penzes and Associates, dated March 22, 2001
(refer to Exhibit B of Mitigated Negative Declaration).
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Resolution No. . Page 5
- 6. A 6-foot-high sound wall shall be erected at the properly line between the east side of
the site and the parking lot of Country Club Shopping Center, to the east of the project
site, as well as along the front (facing Naples Street) of the lot, outside of the 15:foot
setback. The sound wall shal~~ constructed from concrete blocks or from masonry
(refer to Exhibit B of Mitigated Negative Declaration).
Enç¡ineerinç¡;
7. Submit and obtain approval of a lot line adjustment plat, prior to submittal of the final
map, between the subject development and the adjacent property to the east, in order to
eliminate the building wall encroachment shown on the Tentative Map.
8. Present written verification to the City Engineer from Sweetwater Authority that the
subdivision will be provided adequate water service and long-term water storage
facilities.
9. Install fire hydrants, as determined by the City Fire Marshall. Said hydrant locations
shall be shown on the improvement plans.
10. Submit and obtain approval by the City Engineer of grading plans prepared by a
registered civil engineer. All grading and pad elevations shall be within two feet of the
grades and elevations shown on the approved tentative map or as otherwise approved
by the City Engineer and Planning Director.
11. Grading plans shall address the existing steep slope at the southwest corner of the
development that will include re-grading, if necessary, in order to achieve a maximum
slope gradient of 2 horizontal to 1 vertical.
12. Existing retaining walls that are proposed to remain shall be addressed by the project
soils engineer to determine adequate structural stability.
13. Grading design shall be in accordance with Grading Ordinance 1797, as amended.
14. Submit and obtain approval by the City Engineer for an erosion and sedimentation
control plan as part of grading plans.
15. Show the location of cut/fill lines based on existing topography on grading plans.
16. Submit a list of proposed lots indicating whether the structure will be located on fill, cut,
or a transition between the two situations, prior to approval of the final map.
17. Submit a detailed geotechnical report prepared and signed and stamped by both a
registered civil engineer and certified engineering geologist, prior to approval of grading
plans and issuance of a grading permit.
18. All onsite drainage facilities shall be private. Connection to the existing storm drain
culvert shall be designed to the satisfaction of the City Engineer.
19. Submit a precise drainage study prepared by a registered civil engineer and approved
by the City Engineer prior to issuance of a grading permit or other development permit.
Design of the drainage facilities shall consider existing onsite and offsite drainage
7C-S'
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Resolution No. - . Page 6
- patterns. The drainage study shall show how downstream properties and storm drain
facilities are impacted. The extent of the study shall be as approved by the City
Engineer.
20. Development of the subdivision-Shall comply with all applicable regulations established
by the United States Environmental Protection Agency (USEPA) as set forth in the
National Pollutant Discharge Elimination System (N.P.D.E.S.) permit requirements for
urban runoff and storm water discharge and any regulations adopted by the City of
Chula Vista pursuant to the N.P.D.E.S. regulations or requirements. Further, the
applicant 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. 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 applicant shall
design the Project's storm drains and other drainage facilities to include Best
Management Practices to minimize non-point source pollution, satisfactory to the City
Engineer. The San Diego Regional Water Quality Control Board has issued a new
Municipal Storm Water Permit (Order No. 2001-01). The permit includes regulations
such as implementation of Standard Urban Storm Water Mitigation Plans (SUSMPS)
and Numeric Sizing Criteria for new residential development. The applicant shall comply
with all relevant City regulations, when they become effective, including but not limited to
incorporation into the design and implementation of the Project temporary and
permanent structural Best Management Practices and non-structural mitigation
measures that would reduce pollution of storm runoff to the maximum extent practicable.
21. The Applicant shall comply with all provisions of the National Pollutant Discharge
Elimination System (NPDES) and Clean Water Program. The quantity of runoff from the
development shall be reduced to an amount equal to or less than present 100-year
frequency storm. Retention/detention facilities will be required as approved by the
Director of Public Works to reduce the quantity of runoff to an amount equal to or less
than predevelopment flows. Said retention/detention facilities shall be provided by the
Applicant.
22. The main onsite sewer system within the private streets shall be public. Said sewer
system shall be designed in accordance with the City of Chula Vista Subdivision Manual
for public sewer systems. Public sewer design requirements include, but are not limited
to, terminating sewer mains with standard manholes, maintaining a minimum distance of
5 feet from the edge of roadway and placement of manholes away from parking areas.
Public sewer mains shall be 8-inch diameter. Sewer service for lots 7, 8, 13-15 and 19,
as shown on the Tentative Map, shall be by a public sewer main along the lot frontage
(Tentative Map does not show a sewer line serving these lots).
23. All sewer laterals shall be privately maintained from the house to the City-maintained
public sewer main.
7C-&
Resolution No. . Page 7
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24. Streets within the development shall be private. Detailed horizontal and vertical
alignment of the centerline of said streets shall be reflected on the improvement plans
for the development. Said streets shall be designed to withstand H-20 wheel loading,
and include reinforcement. Structural calculations shall be submitted with -the
improvement plans to supporCffie proposed street structural section. The border
between public street and private street shall be delineated throughout the use of
distinctive pavement. Private streets shall be designed to accommodate emergency
vehicle access to the satisfaction of the City Engineer.
25. Guarantee, prior to approval of the final map, the construction of private street
improvements deemed necessary to provide service to the subject subdivision, in
accordance with City standards.
26. Remove the existing temporary power pole mounted street light at the southwest corner
of the project, and replace with a permanent Chula Vista standard 250-watt street light at
a location approved by the City Traffic Engineer.
27. Install an alley-type entrance with pedestrian ramps at the project entrance, in
accordance with City and Regional standards.
28. Striping on Naples Street shall be required to create turning pockets for the project
entrance, to the satisfaction of the City Traffic Engineer. Parking along the project
frontage shall no longer be allowed due to the required striping.
29. Remove the existing section of temporary asphalt sidewalk at the westerly end of the
project adjacent to Naples Street and replace with permanent concrete sidewalk.
Remove and replace existing driveways and damaged sections of concrete
improvements and replace with standard concrete curb, gutter and sidewalk to the
satisfaction of the City Engineer.
30. Grant an access and maintenance easement for the purpose of maintaining the public
sewer system over the entire width of the private streets on the final map.
31. Grant public drainage easements over the existing storm drain facilities on the final map.
Said easements shall be a minimum width of 15 feet.
32. Agree to defend, indemnify and hold harmless the City and its agents, officers, and
employees, from any claim, action or proceeding against the City, or its agents, officers
or employees to attack, set aside, void or annul any approval by the City, including
approval by its Planning Commission, City Councilor any approval by its 'agents,
officers, or employees with regard to this subdivision, pursuant to Section 66499.37 of
the State Map Act, including adoption of the Mitigated Negative Declaration, 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.
33. Agree to hold the City harmless from any liability for erosion, siltation or increase flow of
drainage resulting from this project.
34. Ensure that all franchised cable television companies ("Cable Company") 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 9rant access to
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Resolution No. - . Page 8
- cable companies franchised by the City of Chula Vista to place conduit within the City's
easement situated within the Project. Developer shall restrict access to the conduit to
only those franchised cable television companies who are, and remain in compli¡¡,nce
with, all other rules, regulations,-~dinances 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.
35. Tie the boundary of the subdivision to the California System-Zone VI (NAD '83).
36. Submit copies of the final map and improvement plan in a digital format, such as (DFX)
graphic file, prior to approval of the Final Map. Provide Computer Aided Design (CAD)
copy of the Final Map, based on accurate coordinate geometry calculations, and submit
the information in accordance with the City Guidelines for Digital Submittal in duplicate
on a 3-1/2-inch HD floppy disk, prior to the approval of the Final Map.
37. Comply with all applicable sections of the Chula Vista Municipal Code. Preparation of
the Final Map and all plans shall be in accordance with the provisions of the Subdivision
Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual.
Planninq:
38. Comply with all applicable sections of the Chula Vista Municipal Code. Preparation of
the final map and all plans shall be in accordance with the provisions of the Subdivision
Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual.
39. The Final Map shall be prepared by a licensed civil engineer, and shall incorporate all
the conditions of approval and be completed to the satisfaction of the Director of
Planning and Building.
40. Prior to any use of the project site or issuance of any building permits, all conditions of
approval shall be completed to the satisfaction of the Dwector of Planning and Building.
41. Prior to issuance of building permits, a lighting plan shall be submitted to the City of
Chula Vista Police Department Crime Prevention Unit and the Planning Division for
review and approval.
42. Prior to issuance of building permits, school fees shall be paid to Chula Vista Elementary
School District and annex to Community Facilities District (CFD) No.10.
43. Ensure with all utilities that the location of all existing utility facilities will be protected in
place prior to commencement of grading. All utilities shall be underground within the
subdivision.
44. All Park and Recreation pad fees shall be paid at the issuance of the final map pursuant
to Chapter 17.10 of the Chula Vista Municipal Code.
45. All building plans must comply with 2001 energy requirements, 1998 Uniform Building
Code, Uniform Mechanical Code, Uniform Plumbing Code, and 1998 National Electrical
Code.
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Resolution No. ~ " Page 9
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46. Future development of the site shall comply with conditions of approval of DRC-01-41,
with the exception that the number of units be 21 and the number of guest parking
spaces be 19.
47. Prior to issuance of any certifiêãfes of occupancy, developer shall guarantee that all
improvements shall be installed, including, but not limited to: streets, sidewalks, utilities,
walls/fencing, landscaping, and common open space amenities.
48. Approval of this Tentative Subdivision Map shall not waive compliance with all sections
of Title 19 (Zoning) of the Municipal Code, and all other applicable City Ordinances in
affect at the time of building permit issuance.
49. Developer 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 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.
50. Applicant/operator shall and does hereby agree to indemnify, protect, defend and hold
harmless City, its Council members, officers, employees, agents and representatives,
from and against any and all liabilities, losses, damages, demands, claims and costs,
including court costs and attorneys' fees (collectively, "liabilities") incurred by the City
arising, directly or indirectly, from (a) City's approval and issuance of this tentative map,
(b) City's approval or issuance of any other permit or action, whether discretionary or
non-discretionary, in connection with the use contemplated herein. Applicant/operator
shall acknowledge their agreement to this provision by executing a copy of the tentative
map conditions where indicated, below. Applicant's/operator's compliance with this
provision is an express condition of this tentative map and this provision shall be binding
on any and all of Applicant's/operator's successors and assigns.
51. Approval of the Country Club Villas Tentative Subdivision Map (PCS-01-10) is
contingent upon approval of the Country Club Villas General Plan Amendment (GPA-01-
04) and Rezone (PCZ-01-02).
52. CC&R's shall be submitted to City Planning staff for review prior to approval of Final
Map, and shall be recorded prior to issuance of building permits.
V. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
The property owner and the applicant shall execute this document by signing the lines
provided below, said execution indicating that the property owner and applicant have
each read, understood, and agreed to the conditions contained herein. Upon execution,
this document shall be recorded with the County Clerk of the County of San Diego, at
the sole expense of the property owner and/or applicant, and a signed, stamped copy of
this recorded document within ten days of recordation to the City Clerk shall indicate the
property owners/applicant's desire that the project, and the corresponding application for
building permits and/or a business license, be held in abeyance without approval. Said
document will also be on file in the City Clerk's Office and known as document No. -'
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Resolution No. .. . Page 10
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Signature of Property Owner Date
VI. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoing conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted, deny, or further condition issuance of all
future building permits, deny, revoke, or further condition all certificates of occupancy
issued under the authority of approvals herein granted, institute and prosecute litigation
to compel their compliance with said conditions or seek damages for their violation.
Developer or a successor in interest gains no vested rights by the City's approval of this
Resolution.
VII. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is dependent
upon the enforceability of each and every term, provision, and condition herein stated;
and that in the event that anyone or more terms, provisions, or conditions are
determined by a Court of competent jurisdiction to be invalid, illegal, or unenforceable,
this resolution and the permit shall be deemed to be automatically revoked and of no
further force and effect ab initio.
Presented by: Approved as to form by:
@~ ~{~
Robert A. Leiter John. Kaheny L
Director of Planning & Building City Attorney
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CHULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT ~ PROJECTDESCRIPllON:
C) APPLICANT: eLM CON LTD. TENTATIVE SUBDIVISION MAP
ħg~~~1: 25/33 Naples Street Request: To subdivide 2.25 acres Into a 31-lot subdivision
for development of 21 single-family detached condominium
SCALE: I FILE NUMBER: units known as Country Club Villas.
NORTH No Scale PCS-O1-10 Related Cases: IS-O1-39, GPA-O1-04,PCZ-O1-02, DRC-O1-40
rlhomelplanninglcherrylllocaiorspcs0110.cdr 09.21.017C -// EXHIBIT A
CITY COUNCIL AGENDA STATEMENT
Item: f
-
Meeting Date: lO/9/0l
ITEM TITLE: PUBLIC HEARING: Hearing: PCM-02-03; Consideration of an
amendment to the Amended and Restated Development Agreement between
the City of Chula Vista and The EastLake Company, LLC. for EastLake III
(Trails, Woods, Vistas, Business Center II, Olympic Training Center and
"Land Swap" parcels)-The EastLake Company.
ORDINANCE: approving an amendment to the amended and restated
Development Agreement between the City ofChula vista and the EastLake
Company, LLC. For EastLake III (Trails, Woods, Vistas, Business Center
Phase II, Olympic Training Center and "Land Swap" parcels).
SUBMITTED BY: Director of Planning and Building ~
REVIEWED BY: City Manage~
This item is a request to consider an amendment to the Amended and Restated Development
Agreement for EastLake III. The original development agreement for EastLake III was executed and
recorded in April, 1990. Subsequently, in February 2000, the City Council approved the Amended
and Restated Development Agreement in order to: extend the expiration date of original agreement
to the year 2010; update the agreement to reflect current City codes and ordinances; consolidate
previous park agreements into one document and make available certain lands for a university site
within the EastLake property.
The proposed amendment to the Amended and Restated Development Agreement is primarily to: I)
incorporate recently approved project entitlements (Eastlake III GDP and SPA), including the
maximum number of permitted dwelling units, into the Agreement as existing Project Approvals; 2)
clarify that The EastLake Company is now the owner of properties covered under this agreement;
and 3) update and further clarify EastLake's park obligations, including the acquisition of5.6 acres
from Rolling Hills Ranch to satisfy a portion of the EastLake III development park requirement.
The Development Agreement covers the following parcels: a) 108.8 acres located north of Olympic
Parkway between the future SR-125 freeway alignment and the existing EastLake Greens
development boundaries (Southern "Land Swap" parcel); b) 24.7 acres located on the south side of
Otay Lakcs Road west of future SR-125 freeway (Northern "Land Swap" parcel); c) 322.2 acres
located east of Hunte Parkway between Otay Lakes Road and Olympic Parkway (EastLake Trails);
d) 108 acres located on the north side ofOtay Lakes Road between Lane Avenue and Hunte Parkway
(EastLake Business Center II); and e) 950 acres east of Hunte Parkway known as EastLake III GDP
(Woods, Vistas neighborhoods and Olympic Training Center) (see Locator).
The Environmental Review Coordinator has determined that the amendment to the Amended and
Restated Development Agreement between the City of Chula Vista and the EastLake Company,
i-I
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Page No.2, Item:L
Meeting Date: lO/9/0l
LLC,. for Eastlake III is not a project as defined by the California Environmental Quality Act
(CEQA Guidelines, Section 15378).
RECOMMENDATION:
Adopt attached Resolution PCM 02-03, recommending that the City Council approve the proposed
amendment to the Amended and Restated Development Agreement for EastLake III, and place the
Ordinance on first reading.
BOARDS AND COMMISSION RECOMMENDATION:
The Planning Commission met on September 26,2001 to consider the Project after the preparation
of the City Council Agenda Statement. Staff will report verbally on the Planning Commission
recommendation at the City Council public hearing.
DISCUSSION:
Background:
As indicated, The EastLake Company and the City entered into a development agreement in 1990.
At that time, the primary reason for entering into the agreement was the developer's willingness to
donate -150 acres of land to the Olympic Training Center valued at $13 million; make capital
contributions of $3 million and to provide approximately $8 million in public infrastructure
improvements to the San Diego National Sports Foundation and the u.S. Olympic Training Center.
The developer also accelerated certain other public improvements required for the Project. In
exchange, the City vested the developer's entitlements, including the intensity and density of
development then approved for EastLake III (Trails, Woods, Vistas, Business Center Expansion and
Olympic Training Center site), and provided certain other protections and benefits.
In February, 2000, the development agreement was amended and restated to make available certain
lands needed for the "University Site" within the EastLake property. Approval of the Amended and
Restated Development Agreement implemented a key provision which is linked to bringing
EastLake's portion of the University Site (see Locator) to fruition and extended the term of the
agreement to 2010.
Amendments:
The proposed new amendment to the Amended and Restated Development Agreement incorporates
the recently adopted EastLake III General Development Plan (GDP) and SPA, which changed the
maximum number of dwelling units which could be developed in the Woods and Vistas
neighborhoods (Entitlements), and modified the park acreage requirement within the EastLake III
GDP area (Parks). It also changes the ownership of lands covered under this agreement to The
EastLake Company as the sole owner of the parcels involved.
ç-.).
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Page No.3, Item:L
Meeting Date: lO/9/0l
Parks:
The proposed amendment to the Development Agreement changes the Eastlake III park obligation
from 17 to 18.25 acres. To satisfy 5.6 acres of the new park acreage requirement, the City and
EastLake have entered into an agreement with Pacific Bay Homes, Rolling Hills Ranch master
developer, to acquire land immediately adjacent to the north. The Developer will also pay cash for
park improvements per the Park Ordinance.
Property ownership:
Under the Restated Development Agreement, The EastLake Company held an enforceable right to
acquire the subject properties owned by Western Salt Company. In March this year, the EastLake
Company acquired the property ftom Western Salt Company and is now the property owner.
Entitlements:
On July 2001, the City Council approved the EastLake III General Development Plan, Sectional
Planning Area (SPA) plan, and associated regulatory documents for EastLake III. The recently
adopted GDP and SPA increased the number of permitted dwelling units from 1767 to 2061 (294
additional dwelling units). The new Eastlake III GDP and SPA entitlements, including the new
maximum number of dwelling units, is reflected in the proposed amendments to the Development
Agreement.
Benefits to the City:
The benefits to the City, which include the university considerations and the advanced funding for
the construction to the park facilities, remain the same as in the previously adopted restated
development agreement.
Benefits to the Developer:
The benefits to the developer remain as in the previous agreement, including: I) the vested right to
proceed with the development of the of the Property in accordance with the approved land uses,
densities and intensity of uses; 2) assurance that land use regulations and policies applicable to the
development of the Property will remain unmodified during the term of the agreement except as
further clarified by the provisions of the document and 3) assurance that Future Discretionary
Reviews and Approvals, when granted by the City, shall become, for purposes of the agreement,
Existing Project Approvals (see Section 1.9.4). Section 4.1 ofthe Agreement further states that the
Developer shall have the right to develop the project for the land uses and to the densities and
intensities ofland use set forth in the Existing Project Approvals.
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Page No. 4, Item:~
Meeting Date: lO/9/0l
CONCLUSION:
In sum, the benefits of the subject amendment are unchanged from the original agreement and are
similar to the benefits the City has provided in its various other development agreements.
For the reasons noted above, staff recommends approval of the project in accordance with the
attached Planning Commission Resolution.
FISCAL IMPACT:
The cost associated with processing the project is covered by the applicant's deposit account.
Attachment
1. Draft Planning Commission Resolution
2. Second Amended EastLake 1Il Development Agreement
3. Ownership Disclosure Statement
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RESOLUTION NO PCM-02-03
RESOLUTION OF THE CITY OF OlliLA VISTA PLANNING COMMISSION
RECOMMENDING THAT THE CITY COUNCIL APPROVE AN
AMENDMENT TO AMENDED AND THE RESTATED DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE
EASTLAKE COMPANY, LLc. FOR EASTLAKE III (TRAILS, WOODS,
VISTAS, BUSINESS CENTER EXPANSION, OLYMPIC TRAINING CENTER
AND "LAND SWAP" PARCELS).
WHEREAS, on August 3, 2001, the EastLake Company ("Developer") filed an
application with the Planning and Building Department of the City of Chula Vista
requesting an amendment to the Amended and Restated Development Agreement between
the City of Chula Vista and The EastLake Company, LLC for EastLake III (Trails, Woods,
Vistas, Business Center Expansion, Olympic Training Site and "Land Swap" parcels)
("Project"); and,
WHEREAS, the proposed project involves the following parcels: a) 108.8 acres
located north of Olympic Parkway between future SR-125 fieeway alignment and the
existing EastLake Greens development boundaries (Southern "Land Swap" parcel); b) 24.7
acres located on the south side of Otay Lakes Road west of future SR-125 freeway
(Northern "Land Swap" parcel); 3) 322.2 acres located east of Hunte Parkway between Otay
Lakes Road and Olympic Parkway (EastLake Trails); 4) 108 acres located on the north side
ofOtay Lakes Road between Lane Avenue and Hunte Parkway (EastLake Business Center
Expansion); and 5) 950 acres east of Hunte Parkway known as EastLake III GDP (Woods,
Vistas neighborhoods and Olympic Training Center) ("Project Site"); and,
WHEREAS, the project consists of amending the Amended and Restated
Development Agreement between the City of Chula Vista and The EastLake Company,
LLC to reflect the recently adopted EastLake III General Development Plan and Sectional
Planning Area (SPA) Plan permitted number of dwelling units, and change in the property;
Developers Interest Section of the Agreement to reflect The EastLake Company as the sole
owner of all lands covered by this agreement. The amendments to this agreement will also
clarifY developers park obligations; and,
WHEREAS, the Environmental Review Coordinator has detennined that the
Amended and Restated Development Agreement between the City of Chula Vista and the
The EastLake Company, LLC for Eastlake III is not a project as defined by the California
Environmental Quality Act (CEQA Guidelines, Section 15378); and,
WHEREAS, the Planning and Building Director set the time and place for a hearing
on the amendment to the Development Agreement and notice of said hearing, together with
its purpose, was given by its publication in a newspaper of general circulation in the city and
its mailing to property owners and tenants within 500 feet of the exterior boundaries of the
property at least 10 days prior to the hearing; and,
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WHEREAS, the hearing was held at the time and place as advertised, namely 6:00
p.m., September 26, 2001, in the Council Chambers, 276 Fourth Avenue, before the
Planning Commission and said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING
COMMISSION hereby recommends that the City Council adopt the amendment to the
Amended and Restated Development Agreement for EastLake III in accordance with the
attached Draft City Council Ordinance.
BE IT FURTHER RESOLVED THAT a copy of this Resolution be transmitted to
the City Council.
BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION voted
( ) to recommend approval of the Project.
AYES:
NOES:
ABSENT:
Kevin 0' Neil, Chairperson
ATTEST:
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RECORDING REQUESTED BY
WHEN RECORDED RETURN TO:
Mr. William T. Ostrem
The EastLake Company, LLC
900 Lane Avenue, Suite 100
Chula Vista, CA 91914
Space Above This Line For Recorder's Use Only
SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF CHULA VISTA
AND
THE EASTLAKE COMPANY, LLC
FOR
EASTLAKE III
(TRAILS, WOODS, VISTAS, BUSINESS CENTER EXPANSION,
OLYMPIC TRAINING SITE AND LAND SWAP)
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SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF CHULA VISTA
AND
THE EASTLAKE COMPANY, LLC FOR
EASTLAKE III
This Second Amended and Restated Development Agreement ("this Agreement") is entered
into on , 200], between THE EASTLAKE COMPANY, LLC, a California
limited liability company as successor-ill-interest to EastLake Development Company, a California
general partnership ("Developer"), and the CITY OF CHULA VISTA, a municipal corporation
having charter powers ("City"), with reference to the recitals set forth herein below which are
incorporated herein by reference as if set forth fully.
1. Recitals.
1.1 The Original Development Agreement. Developer and City entered into that
certain Development Agreement between the City of Chula Vista and EastLake Development
Company for EastLake III executed by the mayor of the City of Chula Vista on April 6, ] 990, and
recorded in the official records of the County of San Diego on April 9, 1990, as Document
Number 90-189782 (the "Original Development Agreement").
1.2 Amendment of the Development Agreement. Upon execution of the Letter
of Intent, City and Developer agreed to commence and diligently process for the City Council's
approval an amendment to the Original Development Agreement to extend the term of the Original
Development Agreement for a period of ten years, provided that the parties also mutually agree upon
updates to reflect current policies, ordinances and procedures as provided in Section I.a. of the Letter
ofIntent. Such amendment also was understood to include incorporation of the Land Swap Parcel,
as depicted on Exhibit A-I and described in Exhibit A-2, into the amendment to the Original
Development Agreement, as provided in Section Lb. of the Letter of Intent.
1.3 University of California Site. In exchange for processing such an amendment
to the Original Development Agreement, Developer agreed that City may offer to the University of
California certain rea] property described in the Letter of Intent ("University Site") subject to City
attaining ownership of the University Site in accordance with a certain Offer Agreement
memorializing the tenus of the Letter of Intent as provided in Section l.b. of the Letter of Intent.
1.4 Amended and Restated Development Agreement. The Original Deve]opment
Agreement was subsequently amended to include the provisions described in paragraph 1.2 herein,
by that certain Amended and Restated Development Agreement between the City of Chula Vista
and The EastLake Company, LLC and recorded in the official records of the County of San Diego
1
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on April 5, 2000 as Document Number 2000-0173440 (the "Amended and Restated Development
Agreement").
1.5 Second Amended and Restated Development Agreement. The parties intend
to amend the Amended and Restated Development Agreement herein referred to as the Second
Amendment and Restated Development Agreement (herein referred to as the "Second Amended
Development Agreement" or "Agreement") . The parties intend this Second Amended
Development Agreement to supersede and replace the Amended and Restated Development
Agreement in its entirety~
1.6 City's Authority to Enter into Development Agreement. City, as a charter
city, is authorized under Resolution No. 11933, California Government Code 65864,!<1 ~., its
Charter, and its self-rule powers to enter into binding development agreements with persons having
legal or equitable interests in real property for the purposes of assuring, among other things,
(i) certainty as to permitted land uses in the development of such property, (ii) the construction of
adequate public facilities to service such property, and (iii) the provision of equitable reimbursement
for the construction of public facilities of excessive size or capacity.
1.7 The Property: Developer's Interest. Developer is the owner of the Property
depicted in Exhibit A-I and described in Exhibit A-2, both of which are attached hereto and
incorporated herein (the "Property"). The development of the Property, which consists ofprojects
commonly known as EastLake Trails, Panhandle Site, EastLake Woods, EastLake Vistas, an
expansion of the EastLake Business Center, the Olympic Training Center and the Land Swap Parcel,
is the subject of this Agreement. Developer is master-planning the Property as the third phase of the
EastLake Planned Community. Developer represents that it is the owner of the Property and that
all other persons holding any legal or equitable interest in the Property will be bound by this
Agreement.
1.8 Benefits to City. As facilitated by this Agreement and the previous
Development agreements with Developer described herein, the construction of the EastLake ill
General Development Plan Area and the Land Swap Parcel pursuant to the General Development
Plans and Text and the Municipal General Plan of City, as well as the anticipated public facilities
required by the Public Facility Financing Plan, will result in the design, financing and construction
of millions of dollars of public facilities and amenities in conjunction with the development of
residential, commercial, recreational and open space uses. Specifically" City will derive or have
received the following benefits:
1.8.1 The funding of construction of park facilities meeting City's
requirements in accordance with City's Ordinances and this Agreement; and
1.8.2 The funding or construction of streets designed to provide adequate
and safe transportation to its residents; and
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1.8.3 Developer has completed the donation of approximately 150 acres
with a market value in excess of Thirteen Million Dollars ($13,000,000.00) as a site for the Olympic
Training Center; and
\.8.4 Developer has contributed Three Million Dollars ($3,000,000.00) in
capital contributions and approximately Eight Million Dollars ($8,000,000.00) in public
infrastructure to the San Diego National Sports Foundation and the U.S. Olympic Committee
towards the provision of the Olympic Training Center, and the extension of municipal services
necessary for the site's operation; and
\.8.5 Developer has contributed advance funding for park facilities of no
less than One Million Three Hundred Ninety-One Thousand Two Hundred Sixty Dollars
($1,391,260.00) following the approval ofthe first residential tentative map for EastLake Trails; and
will contribute Two Million One Hundred Thirty-Five Thousand Dollars ($2,135,000.00) for the first
residential map in EastLake III (other than Eastlake Trails) as against the Project's ultimate PAD
Fees; and
\.8.6 Sewer, water, sales tax and property tax revenues; and
\.8.7 Developer's contribution towards the provision of facilities of regional
significance both within and outside the boundaries of the Property.
\.9 Intentions of Parties in Entering into This Agreement. Developer and City
intend to enter into this Agreement for the following purposes;
19.1 To assure Developer's participation in the construction and financing
of public facilities pursuant to one or more Financing Plans which shall be formulated prior to the
commencement of any private or public construction activities on the Property; and
1.9.2 To provide Developer with certainty that the land use regulations and
policies applicable to the development of the Property will remain unmodified during the term of this
Agreement except as provided for herein; and
1.9.3 To assure Developer of its vested right to proceed with the
development of the Property to the land uses, densities and intensity of uses as provided below; and
\.9.4 To assure Developer that Future Discretionary Reviews and
Approvals, when granted by City, shall become, for purposes ofthis Agreement, Existing Project
Approvals; and
\.9.5 Developer has provided 150 acres of land, Three Million Dollars
($3,000,000.00) in capital and approximately Eight Million Dollars ($8,000,000.00) in public
infrastructure to the benefit of the San Diego National Sports Foundation and/or the U.S. Olympic
3
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Committee, in return for such donation and the other covenants contained herein as the total
consideration for the vesting of Developer's rights herein, including the vesting of Existing Project
Approvals of Future Discretionary Reviews and Approvals upon their granting by City, without the
need for further consideration or compensation to City in return for such vesting.
1.10 Adoption of Ordinance Approving Agreement. The Original Development
Agreement was first introduced on February 6,1990, and on February 27, 1990, the City Council
adopted Ordinance No. 2356 approving the Original Development Agreement. The Amended and
Restated Development Agreement was fITSt introduced on February 1, 2000, and on February 22,
2000, , the City Council adopted Ordinance No. 2805 approving said Agreement. The Ordinance
took effect on March 23, 2000. The Second Amended and Restated Development Agreement was
first introduced on October 9, 2001 and on the City Council adopted Ordinance No.
~ approving this Agreement. The Ordinance took effect on -' 200 I.
1.11 Findings of City Council. The City Council has found that this Agreement
is consistent with City's General Plan and all applicable mandatory and optional elements thereof,
the General Development Plans and Text for the Property, as well as all other applicable policies and
regulations of City.
2. Definitions. In this Agreement, unless the context otherwise requires:
2.1 "Builder" or "Merchant Builder" means a developer to whom Developer has
sold, leased or conveyed property within the Property for the purpose of its improvement for
residential, commercial or industrial use.
2.2 "City Council" means the City Council of the City ofChula Vista.
2.3 "Commit" means all of the following requirements have been met with
respect to any public improvement.
2.3.] All discretionary permits have been obtained for construction of the
improvement;
2.3.2 Plans for the construction of the improvement have all the necessary
governmental approvals; and
2.3.3 Adequate funds (i.e., letters of credit, cash deposits or performance
bonds) are available such that City can construct the improvement if either (1) construction has not
commenced within 30 days of issuance ofa notice to proceed by the Director of Public Works, or
(ii) construction is not progressing towards completion in a manner considered reasonable to the
Director of Public Works.
2.4 "Developer" means The EastLake Company, LLC, a California limited
4
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liability company as successor-in-interest to EastLake Development Company, a California general
partnership, and the legal persons to which or to whom it may assign an or any portion of its rights
under this Agreement.
2.5 "Developer's Donations to the Olympic Training Center" or "Developer's
Donations" consisted of donation of (i) 150 acres of property, (ii) Three Million Dollars
($3,000,000.00) in working capital, and (iii) approximately Eight Million Dollars ($8,000,000.00)
worth of infrastructure improvements, or other such donations ofland, working capital and public
infj-astructure for the provision of the Olympic Training Center, as Developer and the U.S. Olympic
Committee and/or the San Diego National Sports Foundation have agreed to or may agree to fj-om
time to time in their sole discretion.
2.6 "Effective Date" shall be the date upon which the Ordinance approving this
Agreement will first take effect pursuant to the laws of the State of California, as described in
Section 1.10 above.
2.7 "Existing Approvals" or "Existing Proiect ADprovals" shall mean all
discretionary approvals and/or standards which have been approved in conjunction with or preceding
the approval of this Agreement, as they relate to both the Project and the public improvements,
consisting of, but not limited to:
2.7.1 The "General Development Plans and Text," consisting of two
General Development Plans (EastLake II and EastLake III), as amended and Text adopted for the
Property as they existed as of the date of first introduction of this Agreement;
2.7.2 The EastLake III Planned Community District for the Property set forth
in Ordinance No. 2345;
2.7.3 The EastLake Trails SPA and Tentative Map and Final Map approvals;
2.7.4 The EastLake Greens SPA and its amendment adopted on November
24, 1998,
2.7.5 The "General Plan," as it existed as ofthe date ofthe first introduction
of this Agreement as provided in Section l.lQ above, including the EastLake III General Plan
Amendment and GP A-90-04, which was adopted by Resolution No. 15506 on February 6, 1990,
and the General Plan Amendment GPA-Ol-07 adopted by Resolution No. 2001-220 on Julyl7, 2001
In addition, the Existing Project Approvals and further discretionary reviews and approvals shall
include the "General Plan" and upon approval by City and written acceptance by Developer, all
"Future Discretionary Reviews and Approvals."
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2.8 "Financin¡¡. Plans" means one or more Public Facility Financing Plans that
have been adopted as part of the SPA's as set forth on Exhibit A-3 and will be adopted as part of
Future Discretionary Approvals, which (i) set forth a list of various public facilities which Developer
must build or fund in part and the phases, time !Tame or cumulative levels of Project development
at which specified public facilities must be assured prior to the construction of the next phase of the
Project, and (ii) provide for the attainment of the "Quality of Life Thresholds".
2.9 "Future Discretionary Reviews and Approvals" means the approval by City
of all future discretionary permits and entitlements (excluding then Existing Approvals), including,
but not limited to (i) General Plan Amendments, General Development Plan and SPA Plan(s),
(ii) Master Tentative Map(s), (iii) grading permit(s), (iv) site plan review, (v) design guidelines and
review, (vi) precise plan review, (vii) resubdivision of areas previously subdivided pursuant to the
Master Tentative Map, (viii) the planned community district regulations, and (ix) the issuance of
conditional use permits, variances, and encroachment permits, all other permits, and approvals of
any type which may be required !Tom time to time to authorize the construction of on-site or off-site
facilities required to construct the Public Improvements and/or the Project.
2.10 "General Development Plans and Text" means the General Development Plan
and Text adopted for EastLake III, Resolution No. 2001-220, dated July 17, 2001 and that portion
of the General Development Plan and Text adopted for EastLake II relating to EastLake Trails
adopted by City pursuant to Resolution No. 15413 dated December 5, 1989, and Resolution
No. 15198 dated July 26, 1989, respectively, regulating the development of the Property and
authorizing various land uses; also means EastLake II GDP Amendment and text for EastLake Trails
and the Land Swap Parcel adopted on, November 24, 1998, all as listed on Exhibit A-3.
2.11 "Growth Management Ordinance" means the following policies and
standards intended to regulate the timing and phasing or rate of growth within the City: the Growth
Management Element adopted by City Council Resolution No. 15592 on April 17, 1990, an
ordinance adopted by the City Council on May 28, 1991, and the Growth Management Program
adopted by City Council Resolution No. 16101, on April 23, 1996.
2.12 "Municipal Code" means the provisions of the Chula Vista Municipal Code
in existence and in effect on the date ofthe first reading ofthis Agreement as an Ordinance by City.
2.13 "Municipal General Plan" or "General Plan" mean all mandatory and optional
General Plan elements pursuant to California Government Code § 65302, ~ ~., in existence on the
date of the first reading of this Agreement as an Ordinance by City (subject to the provisions of
Sections 2.7 and 4.8), including, without limitation, the EastLake III General Plan Amendment.
2.14 "Olvmpic Training Center" means the u.S. Olympic Training Facility Center
which is constructed on property donated by Developer located adjacent to the west oflower Otay
Lakes.
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2.15 "PAD Fees" means any Parkland Acquisition and Development Fees which
would apply and be payable in conjunction with the approval of the final maps within the Project in
such amounts as may be payable pursuant to the provisions herein.
2.16 "Planned Community District Regulations" means the regulations adopted
to implement any SPA pursuant to the Chula Vista Municipal Code § § 19.48.010 through
19.48.140.
2.17 "Planning Commission" means the Planning Commission of the City of
Chula Vista.
2.18 "Proiect"means the physical development of the Property as set forth in the
General Development Plans and Text and the General Plan for the area.
2.19 "Property" means the real property lying within the developments which
include the neighborhoods and projects commonly known as the Land Swap Parcel, EastLake Trails,
EastLake Woods, EastLake Vistas, the EastLake Business Center Expansion and the Olympic
Training Center. Such real property is more specifically depicted in Exhibit A-I and described in
Exhibit A-2.
2.20 "Public Improvements" means those public facilities or improvements
required by City to be completed or funded by Developer pursuant to the Municipal General Plan,
the General Development Plans and Text, any Financing Plan, Tentative Map or other applicable
approval, permit, plan, ordinance or regulation.
2.21 "Quality of Life Thresholds" mean those certain Quality of Life thresholds
and/or standards as set forth in Municipal Code Section 19.19.040 and as amended from time to time
requiring the construction or development of certain facilities to provide desired levels of service to
the public.
2.22 "SPAs" means the Sectional Planning Area Plan or Plans to be prepared and
approved by City for the purpose of implementing the General Development Plans and Text for the
Property in accordance with the Chula Vista Municipal Code § § 19.48.090 through 19.48.140
2.23 "Substantial Compliance," for the purposes of this Agreement and the
periodic review hereunder, shall mean that the party of whom some particular performance is
required has sufficiently followed the terms of this Agreement so as to carry out the intent of the
parties in entering into this Agreement.
2.24 "Tentative Map(s)" shall refer to any tentative subdivision map(s) for the
Property. The term "Final Map(s)" shall refer to any final subdivision map(s) approved pursuant
to such tentative subdivision map(s).
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3. Description ofProper(y. The Property consists of approximately 1,517 acres in area
and is located approximately 7.5 miles east of downtown Chula Vista and 7 miles north of the United
States/Mexican border.
4. Vested Right. In consideration of both (i) Developer's pledge to participate in the
construction and financing of public facilities in accordance with the Financing Plan(s) that have
been developed or will be developed jointly by City and Developer, all as more particularly
described in Section 6 below, and (ii) Developer's Donation ofland, financial support and public
infTastructure for the Olympic Training Center, Developer, by this Agreement, is vested with the
right to develop and maintain the Property pursuant to the provisions set forth in this Section 4.
Such right to develop, use and maintain the Property shall not be abridged or modified during the
term of this Agreement except as specifically provided for herein. Once future discretionary
approvals are obtained, they shall be vested to the same extent as the existing project approvals.
4.1 Right to Develop. Developer and any merchant builders to whom Developer
may sell, lease or convey any portions of the Property shall have the right to develop the Project for
the land uses and to the densities and intensities of land use set forth in the Existing Project
Approvals.
4.2 Maximum Hei~t and Size of Structures. The maximum height and size of
structures to be constructed within the Project will be governed by any adopted SPA for the area in
question.
4.3 Permitted Uses. The Property will be developed as a part of a planned
community consisting of residential neighborhoods, commercial development, industriallbusiness
park(s), recreational facilities, school sites, park sites and open space uses, as are more particularly
described and authorized by the General Development Plans and Text and the existing Municipal
General Plan for the Property and other Existing Approvals, as they may fTom time to time be further
defined upon approval by City of any Future Discretionary Reviews and Approvals in accordance
with Section 2.9 above, as well as such other existing land uses as may be mutually agreed upon by
the parties.
4.4 Permitted Densitv and Intensity of Development. City hereby authorizes the
Property to be developed to the maximum density or intensity of development specified in the
General Development Plans and Text, Municipal General Plan and the Existing Approvals as they
may, fTom time to time be amended and/or expanded, during the term of this Agreement subject to
any limitations contained therein; provided, however, that City and Developer acknowledge that the
Project (excluding the Land Swap Parcel) was authorized to develop no less than 3,204 dwelling
units throughout the Property. As of the date of this Agreement, Developer has entitlements in
accordance with Existing Project Approvals for development of 1,143 units in the EastLake Trails
portion of the Project and 2,061 units in the EastLake Vistas and the EastLake Woods portions of
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the Project. The number of units set forth herein may be adjusted in accordance with Density Bonus
Agreements or amendment to Existing Project Approvals as approved by the City. In addition, City
agrees to authorize for development 750 dwelling units for the Land Swap Parcel, as set forth in the
(EastLake Greens SPA) Existing Project Approvals. Developer may be entitled to develop the
remaining 117 dwelling units provided, however, a transfer of unused units is approved by City.
Notwithstanding the foregoing, Developer understands that such transfer of unused units requires
an amendment to the Existing Project Approvals and is subject to approval or denial by the City
Council in its sole discretion as the legislative body for City.
4.4.1 Low or Moderate Income Housing. City acknowledges that low and
moderate income housing may be economically impracticable to build at current density levels. City
agrees that it will consider granting Developer density bonuses and/or other incentives in the event
that City desires Developer to provide such low or moderate income housing and that, in such event,
City shall comply with all applicable requirements oflaw.
4.5 Application of New Rules Regulations and Policies. City may, during the
term of this Agreement, apply to the Project, Public Improvements and/or the Property only such
new development fees, rules, regulations and policies, ordinances or standards which are generally
applicable to all private projects east ofI-805. It is the intent of the parties that the application of
such rules, regulations and policies, ordinances or standards will not prevent the development of the
Property to the uses, densities or intensities of development specified herein, or as authorized by the
Existing Approvals.
4.6 Modification of Approvals. Standards and Obli~ations. It is contemplated by
the parties that City and Developer may mutually agree to modifications to the Existing Project
Approvals, public infrastructure requirements, or other modifications to the Project. Upon approval
by City and written acceptance by Developer following City's approval, such modification(s) shall
supersede any inconsistent Existing Project Approval(s).
4.7 Benefit to Earlier Vesting. Nothing in this Agreement will be construed as
adversely affecting Developer's obtaining a vested right to continue development and/or use of the
Property, if any, in the manner specified in this Section 4, pursuant to the provisions of California's
constitutional, statutory and/or decisional law.
4.8 Application of a Growth Management Ordinance. The Growth Management
Ordinance and Quality of Life Thresholds shall apply to the timing and development of the Property.
The City may make such changes to the City's Growth Management Ordinance and to the City's
Quality of Life Thresholds applicable to the Project as are reasonable and consistent with the purpose
and intent of the existing Growth Management Ordinance and which are generally applicable to all
private projects east ofI-805.
4.9 Growth Management Ordinance. Developer shall Commit the public facilities
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and City shall issue building permits in accordance with Existing Project Approvals and Future
Discretionary Review and Approvals. The City shall have the discretion and the right to withhold
the issuance of building permits any time after the City reasonably determines a Quality of Life
Threshold has been exceeded, unless and until the deficiency has been mitigated in accordance with -.'
the City's Growth Management Ordinance.
Developer agrees that building permits may be withheld where the public facilities
described in the Existing Project Approvals or Future Discretionary Approvals required for a
particular Quality of Life Threshold have not been Committed. -
In the event a Quality of Life Threshold is not met and future building permits .
issuance may be withheld, the notice of provisions and procedures contained in Section 19.09.100
of the Municipal Code will be followed. In the event the issuance of building permits is suspended - -
pursuant to the provisions herein, such suspension shall not constitute a breach of the terms of this
Agreement by Developer or City. Furthermore, any such suspension which is not caused by the
actions or omission of the Developer, shall toll the term of this Agreement and suspend the
Developer's obligations pursuant to this Agreement for the period of time the issuance of building
permits are suspended.
5. Development Program and Processing.
5.1 Processin¡; of Applications and Permits. City agrees to accept for processing,
consideration and approval, denial or conditional approval all Developer's applications for Future
Discretionary Reviews and approvals for the Property.
5.2 Length of Validity of Tentative Subdivision Map(s). It is understood by the
parties to this Agreement that, pursuant to existing law, a tentative subdivision map may remain
valid for the length of term of this Agreement, all as provided in California Government Code
§ 66452.6(a). City, therefore, in accordance with the provisions of this Agreement, agrees that the
Master Tentative Map shall remain valid for a term equal to the longer of the term of the Master
Tentative Map as it is determined and may be extended by the provisions of California Government
Code § 66452.6 or the length of this Agreement; provided, however, that the term of the Master
Tentative Map shall not exceed the maximum allowed by law. No new condition shall be added to
any map as a condition of its extension.
5.3 Vesting Tentative Map. Developer may, at its option, process with City a «,'
vesting tentative map covering the Property which shall, upon approval, confer upon Developer a
vested right to proceed with development of the Property in substantial compliance with the
ordinances, policies, and standards described in California Govemment Code § 66474.2. City will
accept the processing and review of such a vesting tentative map covering the Property submitted
by Developer to City.
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5.4 Parcel Map. City shall accept for processing, and take action upon, a parcel
map for the Property, within the timeframes set forth in the state Subdivision Map Act, in order to
assist Developer's acquisition of the Property. Developer acknowledges that approval of such map
shall not limit City's right in the future, upon the Property's resubdivision, to impose conditions
to its further subdivision.
6. Urban Infrastructure.
6.1 Dedications and Reservations of Land for Public Pw:poses. The portions of
the Property to be reserved or dedicated for public purposes shall be: (i) those portions which are
required to be dedicated pursuant to any tentative subdivision map and (ii) those portions which are
required for the construction of all major road, sewer, drainage or other public rights of way in
accordance with the standards in existence for subdivisions adopted by City at the time of the
approval of any tentative subdivision map(s) for the Property and such further and additional areas
of public reservation or dedication which may be required for the construction of public facilities to
mitigate the impacts of the development of the Property pursuant to any Financing Plan adopted in
conjunction with any SP A and/or tentative map for the Property.
6.1.1 Parks. In consideration for the vesting of Existing Project Approvals
or the Future Discretionary Reviews and Approvals upon their granting by City, Developer agrees
to dedicate lands, pay PAD Fees and/or construct park facilities as follows and as provided for in
Section 6.1.2 below:
6.1.1.1 Developer may construct one or more private parks within the
Property. City, acting through the City Council, may consider Developer's application for any PAD
credit available to Developer under this Agreement at the time of consideration ofthe SPA and/or
tentative map for the applicable area; and
6.1.1.2 City acknowledges and agrees that Developer has fulfilled PAD
requirements for the 750 multi-family dwelling units planned for the Land Swap Parcel through
transferring excess park credits from the EastLake Greens SPA to fulfill the requirements for the
Land Swap Parcel; and
6.1.1.3 City acknowledges and agrees that Developer will pay
$2,579,680 for the development portion of the PAD Fee Advances, as defined below, for EastLake
Trails consisting of 1,143 dwelling units and offered for dedication to City, the Salt Creek
Community Park consisting of 23.26 acres which completes the acquisition portion of the PAD fee
for EastLake Trails and is in excess of the 5.96 acres required. Developer understands and agrees
that the City may require the Developer to regrade portions of the Salt Creek Community Park. The
amount of$150,000.00 of the cost of such regrading will be born by the Developer. The remaining
costs shall be reimburseable as park improvement costs; and
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6.1.1.4 City acknowledges and agrees that Developer has received SPA
Plan and tentative map approval for EastLake Trails which contains and designates the Salt Creek
Community Park for which Developer shall receive park credit of 19.8 acres, in the configuration
set forth in the Eastlake Trails SPA Plan. EastLake' s obligation to construct Salt Creek Community
Park is equal to the development of the PAD fee from the Trails ($2,579,680) as may be adjusted
if additional units are, approved by the City plus 7 acres of improvements of$2,127,875 as adjusted
by the ENR, in accordance with the method described in paragraph 6.1.2.3 commencing from the
date of this agreement until bonds have been posted in accordance with City requirements, for
construction of said park. Upon the written request of the City, Developer shall provide the City with
written documentation verifYing the actual cost of construction of said park. Developer agrees to
provide such information as needed by the City to verify the actual cost of the park improvements.
This community park, when completed in accordance with a park development plan approved by
City, will fulfill the EastLake Trails park acreage obligation and complete the outstanding park
acreage obligations held over from EastLake I and EastLake II as described in: (a) The EastLake
Park Agreement which was adopted by the City Council on August 8, 1989, pursuant to Resolution
No. 15225 ("Park Agreement"), (b) Agreement Between City of Chula Vista and EastLake
Development Company Regarding Resolution of Dispute Regarding Outstanding Park and
Recreation Facility Issues dated March 20, 1996 ("Dispute Agreement") , 8 Escrow Agreement
between City ofChula Vista and EastLake Development Company Regarding Resolution of Dispute
of Outstanding Park and Recreation Facility Issues dated March 20, 1996 ("Escrow Agreement"),
and (d) Amended and Restated Development Agreement dated February I, 2000
6.1.1.5 Developer's remaining park acreage obligation for EastLake
III shall be limited to 18.25 acres of improved park land as approved by City. This obligation will
be adjusted if the number of dwelling units changes from that allowed in the current EastLake III
General Development Plan approved by the City or if the PAD Ordinance is amended in a manner
that effects EastLake' s park obligations. Of the 18.25 obligation, the City and Developer have
entered into an Agreement with Pacific Bay Homes (agreement dated December 12, 2000 and
approved by the City by Resolution No. 2000 - 477) satisfYing 5.6 acres ofthis obligation through
the acquisition of land from Pacific Bay Homes and a cash payment for the park improvement in
accordance with the terms of said agreement.
6.1.2 PAD Fee Advance(s). In addition (0 the dedication of lands and/or
construction of park facilities by Developer, Developer shall pay to City, in advance of the time that
such fees would normally be payable, PAD Fees in the amounts, at the times, and subject to the
conditions set forth in this Section 6.1.2 ("PAD Fee Advance(s)"). City may, as an alternative to
requiring the payment of any PAD Fee Advances, request Developer to build park facilities of an
equivalent cost, as such cost may be adjusted as provided below.
6.1.2.1 Developer will complet a PAD Fee Advance in the amount
of $2,579,680.00 in accordance with the terms of this Agreement, and offered 23.26 acres ofland
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for dedication to City for the PAD fees due from EastLake Trails in accordance with the approved
plans, adjusted as provided below. PAD Fee Advances for Phase II of East Lake Trails project shall
be paid by Developer within 60 days following the City Council's approval of the tentative map for
Phase II of EastLake Trails or upon demand in writing by City; and Developer shall make a PAD
Fee Advance in the amount of Two Million One Hundred Thirty-Five Thousand Dollars
($2,135,000.00), adjusted as provided below, within 60 days following City's written request
therefor, which request maybe made at anytime following City's approval ofthe first tentative map
within the EastLake ill development, exclusive of the EastLake Trails neighborhood and the
Olympic Training Center.
6.1.2.2 ln1mediately upon City's receipt of any PAD Fee Advances,
City shall establish and confirm in writing a credit in favor of Developer, in the amount of the PAD
Fee Advance(s) received, as against the ultimate PAD Fees applicable to the Project, if any, at the
time of issuance of building pennits (UP AD Fee Credit"). Any PAD Fee Credit established in favor
of Developer may be assignable to any merchant builder to whom Developer sells, lea'e~ or conveys
any portion of the Property at Developer's option. In the event that the PAD Fee Advances made
by Developer are less than the amount of PAD Fees actually payable by the Project at the time of
final map approval (i.e., upon the exhaustion of the PAD Fee Credit), Developer shall pay to City
the additional PAD Fees at the time that final maps are approved. In no event shall any adjustment
to the PAD Fee Advance be applied retroactively to require the payment of any additional PAD Fee
with respect to any residential dwelling unit after a building permit has been pulled for such dwelling
unit and Developer has paid the additional PAD Fees as provided immediately above.
6.1.2.3 The amount ofthe PAD Fee Advance or the equivalent amount
of park facilities to be built by Developer shall be adjusted upward or downward, from the amounts
set forth in Sections 6.1.2.1 and 6.1.2.2 above, throughout the term of this Agreement, beginning
upon the effective date of the Original Development Agreement and concluding at such time that the
P AD Fee Advance is paid or that Developer Commits to the construction of park facilities of
equivalent cost. The adjustment shall be based upon an application to such amounts of an index
figure which is intended to reflect the change in the anticipated cost of providing the park
improvements. The index figure used shall be the figure published in the "ENR Market Trends"
section of Engineering News Record for a category of cost of construction indices listed therein,
reflecting increases in the cost of construction within such category, to be mutually agreed upon as
the most appropriate category by the parties ("ENR Index"). The ENR Index figure to be for
adjusting the PAD Fee Advance pursuant to Section 6.1.2(1) and (ii) above, shall be the ENR Index
figure published most recently preceding such event.
6.1.2.4 Notwithstanding anything in this Section 6.1 to the contrary,
in no event shall the PAD Fee Advance made by Developer pursuant to Section 6.1.2(1) and (ii)
above or the estimated cost of the facilities Committed to by developer as an alternative thereto
exceed the amount ofP AD Fees which would be payable by Developer for the areas of the Project
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proposed for development based upon (a) the estimated number of residential units proposed within
such neighborhood( s) and (b) City's PAD Fee ordinances then in existence.
6.1.2.5 Notwithstanding anything in this Section 6.1 to the contrary,
in no event shall the term of any indexing hereunder extend further than the earliest to occur of the
conclusion of the term of this Agreement or the earlier termination of this Agreement.
6.1.3 Developer Duty to Fund Community Center Escrow. The parties
hereby acknowledge the existence of an escrow ("Community Center Funding Escrow" or
alternatively herein "Escrow") and designate City as the escrow holder thereof. Developer agrees
to fund said Escrow in the amount of$880,738, plus interest as hereinafter described, on the earlier
of (i) June I, 2002, or (ii) within 90 days of City's written request. Interest on the amount of
$880,738 shall accrue from July I, 1999 to the earlier of (i) Developer's funding of the Escrow, or
(ii) June 1,2002. The interest accrual rate shall be the rate of the City's average quarterly interest
earnings rate on the City's Investment Pool of funds as reasonably determined quarterly by the
Finance Director. No interest shall accrue after June 1,2002, regardless of whether Developer has
funded the Escrow. Developer has secured its obligation to fund said Escrow with a bond from a
surety which City has deemed sufficient, and of a form acceptable to City.
6.1.4 City's Community Center Duty. Upon funding of the Escrow by
Developer as herein required, City shall waive any claim it may have to require Developer to
construct a Community Center for the EastLake Project. Further City promises Developer that City
will apply proceeds of the Escrow to the design and construction of a community center, and for no
other purpose without the consent of Developer, according to the following terms and conditions
(City's obligations set forth in this Section may be herein referred to as "City's Community Center
Duty"):
6.1.4.1 Timing. City shall commence construction of the Community
Center no later than 18 months after Developer funds the Escrow as herein required ("Construction
Commencement Date"). The parties may agree in writing to a later Construction Commencement
Date.
6.1.4.2 Site and Location Option. The Community Center shall be
built on such portion ofthe Salt Creek Community Park as City shall designate, at City's sole option,
unless (i) Developer has not purchased, has lost, or does not have an option to purchase said Salt
Creek Community Park site or (ii) City's contribution to the costs of the Community Center (other
than land) from other than the proceeds of Developer's funding ofthe Escrow exceed such funding
by Developer, in which case the Community Center may be built at any location of City's choosing
in the CityofChula Vista east on-805 ("Eastern Territories") outside of the EastLake development
area.
6.1.4.2.1 Requirements Relating to Location Option.
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6.1.4.2.1.1 Time to Exercise. City shall notify
Developer of the location of the Community Center one year in advance of the commencement of
Construction, as same may be deferred fÌom time to time.
6.1.4.2.1.2 Secure Title: Owner's Commitment.
After City notifies Developer of the location of the Community Center, and if Developer owns the
land City requires, Developer sha\1 transfer title thereto without additional compensation therefor
on demand by City. Ifthe land on which City proposes to locate the Community Center is not owned
by Developer but is owned by Western Salt or a successor thereto, the Developer shall, in good faith,
request Westem Salt, or the then owner, to commit, upon such notification of City's location
selection, to transfer title to City. If for any reason they are unwilling or unable to expeditiously do
so in order to meet the construction schedule of City, City shall be relieved of the constraint of
having to locate the Community Center in the EastLake Project and may build the Community
Center anywhere in the Eastem Territories. Nothing in this Agreement shall be construed or
interpreted as having the effect of requiring the current property owner (Western Salt) or its
successors (excluding Developer) as having an obligation to provide for or make accommodations
for the Community Center. Nothing herein shall be interpreted or deemed as a surrender of City's
power of eminent domain, and nothing herein shall be deemed to surrender the power to charge and
co\1ect a development impact fee or park fee or other assessment or exaction associated with
development.
6.1.4.2.1.3 Developer's Right to Request Deferral
of Construction Date Upon Exercise. Developer shall have the right to request a delay in the
Construction Commencement Date until Developer has acquired the property through its acquisition
and development ofthe land within EastLake ill located south ofOtay Lakes Road and east of Hunte
Parkway. If extended by City, it shall be on such terms and conditions as the parties deem
appropriate.
6.1.4.2.1.4 Park Size. The Salt Creek Community
Park Site shall remain in the size and configuration set forth in the EastLake Trails SPA Plan
regardless of the location of the Community Center, or construction of a gymnasium as provided in
Section 6.1.4.2.1.5. .
6.1.4.2.1.5 Effect on Gym Duty. The City may, at
its sole discretion, construct a gymnasium in the same vicinity as, or contiguous to, the Community
Center in Salt Creek Park.
6.1.4.3 Contribution of Parties to Costs. If Developer funds the
Escrow at the time and in the manner herein required, Developer shall not be required to bear or
advance the costs for the design and construction ofthe Community Center, which shall be borne
by City.
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6.1.5 Developer's Community Center Park Duty Satisfied. Effective upon
funding of the Escrow by Developer as herein required, according to its terms, the parties
acknowledge that Developer shall have satisfied any duty it may have had to construct a community
center within the EastLake Project.
6.1.6 PAD Fee Credits for Community Center Costs. At such time as
Developer funds the Escrow, as herein required, it will be entitled to a PAD fees credit, in dollars,
as determined by City in the manner herein provided against Developer's duty to pay the then-
prevailing PAD Fees ("Community Center PAD Fees Credit") thereafter when due for the mapping
and development of subsequent units within the area of EastLake III or the Land Swap Parcel.
6.1.6.1 Calculation of Community Center PAD Fees Credit. The
amount of the Community Center Pad Fees Credit shall be $800,000 times a fraction the numerator
of which are the units entitled by City to be developed within ELIII and the Land Swap Parcel and
the denominator of which is the total number of units entitled by City to be developed within the
entire EastLake area (i.e., EL I-Hills and Shores, EL II-Greens, EL III, and the Land Swap Parcel),
and then adding to the product thereof the sum of$ I 00,000; but in no event shall the amount of the
Community Center PAD Fees Credit exceed $468,000.
6.1.6.1.1 Example of Calculation. For pm:poses of
example only assuming the following represent the number of units for each SPA area City has
entitled Developer to develop:
Develonment Area Units
EL Hills & Shores 1,823
EL Greens 2,500
EL III 2,932
Landswap 750
Total 8005
the Community Center PAD Fees Credit to which Developer would be entitled would be $467,970,
determined as follows (3,682/8,005 x $800,000) + $100,000 = $467,970 (This example is for
illustrative purposes only and may not reflect actual unit counts for the development areas.)
6.1.6.1.2 Credit for PAD Fee Advance(s). The
Community Center PAD Fees Credit shall be used to offset the PAD Fee Advance(s) required
pursuant to Section 6.1.2.
6.1.7 Total Obli~ations. The obligations in Sections 6.1.1 through 6.1.6
above shall constitute Developer's and the EastLake Planned Community's total park obligations
for the areas encompassed within this Agreement, notwithstanding any future modification to the
requirements or standards of City with respect to parkland dedications or the payment of in lieu fees.
16
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ý-;(f
--'------0'" ___.0._0.'___0__-
Developer's obligations in Sections 6.1.1 through 6.1.6 supersede and replace in their entirety the
Park Agreement and the Escrow Agreement. In consideration of the covenants herein, City agrees
to waive any and all further PAD Fees otherwise applicable to the Project. The funds advanced
pursuant to this section shall be used by City solely for park land acquisition and development
purposes to mitigate Project impacts and the park needs of Project residents.
6.2 Public Facilities; Financing Plan. Requirements. City and Developer shall
prepare one or more Financing Plan(s). Such Financing Plan(s) shall set forth (i) a description of
public facilities and improvement projects needed to serve the Property, including facilities necessary
to serve the Project and neighboring developments, (ii) the sequence and staging for build-out of the
Property and other development projects which impact on'standards for the development of the
various public facilities and improvement projects, and (iii) the authorized methods of financing and
the allocation of financial responsibility for the construction of the needed public facilities and
improvement projects. Such Financing Plan(s) shall employ the Quality of Life Thresholds as the
standard for determining the dimensions and timing of the development of public facilities and
improvement projects necessary to serve the Property, including facilities necessary to mitigate the
incremental impacts of the Project and neighboring development projects.
6.3 Assessment Districts or Public Financing Mechanisms. This Agreement and
any Financing Plan(s) recognize that assessment districts, Mello Roos Community Facility Districts,
or other public financing mechanisms may be necessary to finance the costs of Public Improvements
borne by the Project. If Developer, pursuant to any Financing Plan, is required to install Public
Improvements where such Financing Plan authorizes the use of assessment districts, Mello Roos
Districts, or other public financing mechanisms, City may select the acceptable method of public
financing, initiate and conclude appropriate proceedings for the formation of such financing district
or funding mechanism, under the applicable laws or ordinances. Developer shall also have the right
to request that City utilize, and City shall conduct (but shall not be required to approve) appropriate
proceedings for any other financing methods which may become available under City or state laws
or ordinances. All costs associated with the consideration and formation of such financing districts
or funding mechanisms shall be advanced by Developer, subject to reimbursement as may be legally
authorized out of the proceeds of any financing district or funding mechanism.
6.4 Schools. Developer has satisfied all of City' s requirements with respect to
the provision of school facilities pursuant to an agreement entered into between Developer and the
Sweetwater Union High School District dated December II, 1986, and an agreement entered into
between Developer and the Chula Vista City School District dated December 9, 1986 (collectively,
the "School Agreements"). City shall not further condition the development of the Property through
the imposition of any further school fees or exactions of any nature whatsoever, and the School
Agreements shall be conclusively deemed to mitigate any and all impacts upon school facilities from
development of the Project and/or the Property.
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,Ç-vlS-
6.5 Water. Water to the Property shall be provided by the Otay Water District.
Developer and City acknowledge and agree to consider the construction of a water reclamation
project on the Property. This Agreement will not preclude City ownership and operation of such a
facility.
7. Indemnification and Insurance.
7.1 Hold Harmless. It is understood and agreed that City, as indemnitee, or any
officer or employee thereof, shall not be liable for any injury to person(s) or property occasioned by
reason of the acts or omissions of Developer (including any assignee of Developer, but only to the
extent of specific improvements, acts or omissions of such assignee), its agents or employees, related
to this Agreement. Developer further agrees to protect and hold harmless City, its officers and
employees ¡¡-om any and all claims, demands, causes of action, liability or loss of any sort, because
of the arising out of acts or omissions of Developer, (including any assignee of Developer, but only
to the extent of specific improvements, acts or omissions of such assignee), its agents or employees,
related to this Agreement. Such indemnification and agreement to hold harmless shall extend to
damages or taking of property resulting from the construction of the Project and public
improvements as provided herein or to adjacent property owners as a consequence of the diversion
of waters in the construction and maintenance of drainage systems, and shall not constitute the
assumption by City of any responsibility for such damages or taking, nor shall City by its approval
of construction plans for the Project or the public improvements as provided herein, be an insurer
or surety for the construction of the Project pursuant to such approved plans. The provisions of this
Section shall become effective upon execution of this Agreement and shall remain in full force and
effect for three years following the acceptance by City of each public improvement installed by
Developer; such acceptance by City shall not be unreasonably withheld. This Section is not
intended, nor shall it be construed, to require Developer or City to indemnifY or hold the other
harmless from their own negligent acts or omissions.
7.1.1 Indemnification. Developer shall indemnifY and defend City in any
lawsuit or claim which challenges City's approval of the Project, City's approval ofthis Agreement
or the participation by City in this Agreement.
7.2 Insurance. Developer shall name City as an additional insured for all
insurance policies obtained by Developer for the Project pertaining to Developer's activities and
operation on the Project.
8. EastLake San Diego National Sports Training FoundationlUnited States Olympic
Committee Commitments. Developer, as consideration for City's commitment to the land uses and
intensities of development for the Property specified in Section 4 above (hereinafter "City's
Commitment"), and in accordance with its agreements with such parties, (i) has conveyed a I 50-acre
site located generally in the southern portion of Otay Lakes to the San Diego National Sports
18
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--...----.-...-.... ...--. -.....-. ..._.
Foundation or the United States Olympic Committee, and (ii) has contributed Three Million Dollars
($3,000,000.00) in working capital and approximately Eight Million Dollars ($8,000,000.00) in
in!Tastructure improvements to the San Diego National Sports Training (collectively, clauses "(i)"
and "(ii)" above are hereinafter referred to as "Developer's Donations"). Developer has executed
agreements effecting Developer's Donations. Developer's Donations are hereby declared to
constitute sufficient consideration for City's Commitment and no further consideration !Tom
Developer shall be required for Developer to obtain the land uses and intensities of development for
the Property specified in Section 4 above, whether through this Agreement, amendments to this
Agreement, or agreements separate from this Agreement.
9. Bindin~ Effect. Encumbrance of Property- Releases.
9.1 Binding Effect. The provisions of this Agreement shall be binding upon and
inure to the benefit of the parties' successors-in-interest.
9.2 Lender Notification. Any lender will receive written notification from City
of any default by Developer under this Agreement which is not cured within 30 days if such lender
requests such notification !Tom City in writing; provided, however, that failure of City to provide
such notification shall not limit City's rights under this Agreement.
9.3 Discretion to Encumber. Nothing in this Agreement will prevent or limit
Developer, in any manner, at Developer's sole discretion, from encumbering aU or any portion of
the Property or any improvements thereon by any deed of trust or other security device.
9.4 Status. Each party will, upon 15 days prior written request, give written notice
to the other party of whether the party giving the notice knows of any breach of this Agreement and
its current understanding ofthe status of the parties' performance under this Agreement. A copy
of any such notice which is sent to Developer shall also be sent to the holder of any institutional first
trust deed encumbering the Project if such holder has made written request for notice and provided
City with the holder's address for notice purposes.
9.5 Releases. Once the required Public Improvements are instaUed, City may
release portions of the Property from this Agreement. All areas of the Property designated for
residential custom home lot construction shaU be released from this Agreement by City upon the
request of any individual purchaser without any further consideration.
10. Annual Review' Notice. City will, once every 12 months during the term of this
Agreement, pursuant to California Government Code § 65865.1, undertake a periodic review of the
parties' compliance with the terms of this Agreement pursuant to the procedures set forth below.
Developer shall present information with respect to Developer's good-faith compliance with
Section 10.1. In addition to the information provided by Developer in accord with Section 10.1, City
may request that Developer address additional issues with respect to Developer's good-faith
19
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------- ---------------.---
compliance with the terms ofthis Agreement. City shall deliver no less than 30 days' written notice
to Developer prior to any hearing of any requirement City desires to be addressed, together with any
applicable staff reports, in a manner sufficient for Developer to respond. Either party may address
any requirement of this Agreement during the review period. If, at any time of review, any issue not
previously identified in writing pursuant to this Section 10 is required to be addressed by City, the
review at the request of either party may be continued to afford sufficient time for analysis and
preparation. Such review by City may be conducted by the City Manager.
10.1 Information to be Provided Developer. Pursuant to California Government
Code § 65865.1, Developer shall have the duty to demonstrate its good-faith compliance with the
terms of this Agreement at each periodic review. Developer's duty to demonstrate may be satisfied
(except for additional issues raised by City pursuant to Section 10) by the presentation to City of:
(i) a written report identifying Developer's performance or the reason for its nonperformance or
excused performance of the requirements of this Agreement, or (ii) oral or written evidence
submitted at the time of review.
10.1.1 Substantial Compliance. The parties recognize that this Agreement
and the documents incorporated herein could be deemed to contain thousands of requirements (i.e.,
construction standards, landscaping standards, ~ ill.), and that evidence of each and every
requirement would be a wasteful exercise of the parties' resources. Accordingly, Developer shall
be deemed to have satisfied its duty of demonstration when it presents evidence of its good faith and
substantial compliance with any issues requested to be addressed by City in accordance with this
Section 10; substantial compliance with the major provisions of the Financing Plan( s) and SPAs, and
compliance with the restrictions on the uses, number, type, lots and sizes of structures completed,
and any required reservations and dedications to City. Generalized evidence or statements shall be
accepted in the absence of any evidence that such evidence or statements are untrue.
10.2 Finding by City During Annual Review Period that Developer is in Default.
If, during any annual review period, City, on the basis of substantial evidence, finds Developer has
not, in good faith, complied with this Agreement, it will give Developer 30 days' notice of default
pursuant to Section 11.
10.3 Delay in Annual Review. City' failure to review annually Developer's
compliance with the terms and conditions of this Agreement shall not constitute or be asserted by
City as a breach by Developer of any terms of this Agreement.
II. Default. If either party defaults under this Agreement, the party alleging such default
will give the breaching party not less than 30 days' notice of default in writing. The notice of
default will specifY the nature of the alleged default, and, where appropriate, the manner and period
of time in which such default may be satisfactorily cured. During any period of cure, the party
charged will not be considered in default for the purposes of termination or institution of legal
20
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""'0'-"-""--' ---
proceedings. If the default is cured, then no default will exist and the noticing party will take no
further action.
11.1 Option to Set Matter for Hearing or Institute Legal Proceedings. After proper
notice and the expiration of the cure period, the noticing party to this Agreement, at its option, may
(i) institute legal proceedings or (ii) schedule hearings before the Planning Commission and the City
Council for a determination as to whether this Agreement should be modified, suspended, or
terminated as a result of such default.
11.2 Waiver. Nothing in this Agreement shall be deemed to be a waiver by
Developer of any right or privilege held by Developer pursuant to federal or state law, except as
specifically provided herein. Any failure or delay by a party in asserting any of its rights or remedies
as to any default by the other party will not operate as a waiver of any default or of any such rights
or remedies or deprive such party of its right to institute and maintain any actions or proceedings
which it may deem necessary to protect, assert, or enforce any such rights or remedies.
11.3 Remedies Upon Default. In the event of default by either party to this
Agreement, the parties shall have the remedies of specific performance, mandamus, injunction and
other equitable remedies. Neither party shall have the remedy of monetary damages against the
other; provided, however, that the award of costs of litigation and attorneys' fees shall not constitute
damages based upon breach of this Agreement where such an award is limited to (i) the costs of
litigation incurred by City, and (ii) the "fee" equivalent of City's costs for the services attributable
to litigation and representation by the City Attorney, including assistants and staff.
12. Modification' Suspension' Termination.
12.1 Modification by Mutual Consent. This Agreement may be modified, from
time to time, by mutual consent of the parties only in the same manner as its adoption by an
ordinance as set forth in California Govemment Code § § 65867, 65867.5 and 65868, and
Resolution No. 11933 of City. The term "this Agreement" as used in this Agreement will include
any such modification properly approved and executed.
12.1.1 Minor Modifications. The parties to this Agreement contemplate the
periodic review and modification of the SPA(s), the provisions of the Financing Plan(s) and the
terms and conditions of the Future Discretionary Reviews and Approvals. Such agreed upon
modifications by the parties hereto are anticipated and shall not constitute an amendment to this
Agreement or modification pursuant to this Section 12.1, but shall automatically be incorporated
herein. In no event shall City require further consideration or compensation for the processing of
any amendments which may be required to solemnify such modifications.
12.2 Emergency Circumstances. If, as a result of specific facts, events or
circumstances, City finds, following the procedures outlined in this Section 12.2 and based upon the
21
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f-~9
--.-,-----,-- ---
preponderance of all evidence presented by the parties, that a severe and immediate emergency threat
to the health and safety of the citizens of City requires the modification or suspension of this
Agreement, City will:
12.2.1 Notification of Unforeseen Circumstances. Notify Developer of (i) the
initiation of City's determination process, and (ii) the reasons for City's determination and all facts
upon which such reasons are based; and
12.2.2 Notice of Hearing. Notify Developer in writing at least 14 days prior
to the date, of such date, time and place of the hearing and forward to Developer, a minimum of
ten days prior to the hearing described in Section 12.2.3, all documents related to such determination
and reasons therefor; and
12.2.3 Hearing. Hold a hearing on the determination at which hearing
Developer will have the right to address the City Council. At the conclusion of such hearing, City
Council may take action to suspend this Agreement. City Council may suspend this Agreement if,
at the conclusion of such hearing, based upon the evidence presented by the parties, City finds that
the suspension of this Agreement is required to avoid an immediate and severe threat to the health,
safety and general welfare of City; and
12.2.4 Unilateral Suspension. Where the citizens of City face a severe and
immediate threat to their health and safety, City may unilaterally suspend the effectiveness of this
Agreement for a period not to exceed the time reasonably required for notice and a public hearing.
12.3 Change in State or Federal Law or Regulations. If any State or Federal law
or regulation enacted during the term of this Agreement or the action or inaction of any other
affected governmental jurisdiction precludes compliance with one or more provisions of this
Agreement, or requires changes in plans, maps, or permits approved by City, the parties will act
pursuant to Sections 12.3.1 and 12.3.2.
12.3.1 Notice Meeting. The party first becoming aware of such enactment
or action or inaction will provide the other party with written notice of such state or federal law or
regulation and provide a copy of such law or regulation and a statement regarding its conflict with
the provisions of this Agreement. The parties will promptly meet and confer in a good-faith and
reasonable attempt to modify or suspend this Agreement to comply with such federal or state law
or regulation. A copy of any such notice which is sent to Developer shall also be sent to the holder
of any institutional first deed of trust encumbering the Project if such holder has made written
request for notice and provided City with the holder's address for notice purposes.
12.3.2 Hearing on Supersession of Development AlITeement. Thereafter,
regardless of whether the parties reach agreement on the effect of such federal or state law or
regulation, the matter will be scheduled for hearing before the City Council no sooner than ten days
22
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--------- ---------
following written notice of such hearing to Developer. The City Council, at such hearing, will
determine the exact modification, suspension or termination which is required by such federal or
state law or regulation, if any. Developer, at the hearing, will have the right to offer oral and written
testimony regarding any proposed action by City. Any modification, suspension or termination of
this Agreement is subject to judicial review.
12.4 Notice of Termination. In the event that this Agreement is terminated
pursuant to any of the methods authorized herein this Section 12, City shall prepare and record a
Notice of Termination containing a reference to this Agreement and the effective date of any such
termination in a form suitable for recordation with the County of San Diego.
13. General Provisions.
13.1 Enforced Delay. Without modi tying either party's right to allege a default
under this Agreement, the failure to perform or a delay in performing the requirements of this
Agreement by either party shall not constitute a default for purposes of this Agreem'Cnt where such
delay or failure to perform is directly caused by litigation by City against Developer or by a City-
imposed moratorium on residential, commercial or industrial development.
13.2 Notices. All notices required by or provided for under this Agreement shall
be in writing and delivered in person or sent by certified mail, postage prepaid, return receipt
requested, to the principal offices of City and Developer. Notice shall be effective on the date
delivered in person or the date when the postal authorities indicate that the mailing was delivered
to the address of the receiving party indicated below:
Notice to Develoner: With CODV to:
William T. Ostrem David E. Watson, Esq.
President, Chief Executive Officer Gray Cary Ware & Freidenrich
The EastLake Company, LLC 401 B Street, Suite 1700
900 Lane Avenue, Suite 100 San Diego, CA 92101
Chula Vista, CA 91914
Notice to Citv: With CODV to:
City Manager City Attorney
City ofChula Vista CityofChula Vista
276 Fourth Avenue 276 Fourth Avenue
Chula Vista, CA 91910 Chula Vista, CA 91910
Such written notices may be sent in the same manner to such other persons and addresses as either
party may from time to time designate by mail.
23
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13.3 Joint and Several LiabilitY. If either party consists of more than one legal
person, the obligations are joint and several.
13.4 Severability. If any material provision of this Agreement is held invalid, this
Agreement is held invalid, this Agreement will be automatically terminated unless, within 15 days
after such provision is held invalid, the party holding rights under the invalidated provision affirms
the balance ofthis Agreement in writing. This provision will not affect the right of the parties to
modify or suspend this Agreement by mutual consent pursuant to Section 12.1.
13.5 Recordation of Aßfeement: Amendments. All amendments hereto must be
in a writing signed by the appropriate agents of City and Developer, in a form suitable for recording
in the Office of the Recorder, County of San Diego. Within ten days of the effective date of this
Agreement, a copy will be recorded in the Official Records of San Diego County, California. Upon
Completion of performance of this Agreement or its earlier termination, a statement evidencing such
completion or termination, signed by the appropriate agents of Developer and City will be recorded
in the Official Records of San Diego County, California.
13.6 Applicable Law. This Agreement will be construed and enforced in
accordance with the laws of the State of California.
13.7 Assignment. Developer may transfer its rights and obligations under this
Agreement if such transfer or assignment is made as part of a transfer, assignment, sale or lease of
all or a portion of the Property and City consents to such transfer. Such consent shall not be
unreasonably withheld.
13.8 Term of Aßfeement. This Agreement shall expire on April 6, 2010.
13.9 Conflict. The provisions stated in this Agreement shall prevail should there
be any conflict between this Agreement and the Financing Plan.
13.10 Covenant of Good Faith and Fair Dealing. Neither party shall do anything
which shall the effect of harming or injuring the right ofthe other party to receive the benefits of this
Agreement; each party shall refi-ain from doing anything which would render its performance under
this Agreement impossible; and each party shall do everything which this Agreement contemplates
that such party shall do in order to accomplish the objectives and purposes of this Agreement.
13.11 Supersede and Replace. This Agreement shall supersede and replace the
Original Development Agreement, the Park Agreement, the Dispute Agreement and the Escrow
Agreement in their entirety.
[NEXT PAGE IS SIGNATURE PAGE]
24
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- ---. -- -.-..-- --.- - - ---_. . ----.---.-
[SIGNATURE PAGE TO SECOND AMENDED AND
RESTATED DEVELOPMENT AGREEMENT BETWEEN THE
CITY OF CHULA VISTA AND THE EASTLAKE COMPANY,
LLC]
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above
written.
City: Developer:
CITY OF CHULA V¡ST A, THE EASTLAKE COMPANY, LLC,
a municipal corporation a California limited liability company
By ~9d
-
By:
Shirley Horton, William T Ostr m,
Mayor President/CEO
I hereby approve the form and legality of the foregoing Amended and Restated
Development Agreement this - day of , 2001.
John M. Kaheny,
City Attorney
t
h: \attorney\annm\eastla4. doc ç- 33
.~~---~- -
LIST OF EXHIBITS
EASTLAKE III
EXHIBIT DESCRIPTION FIRST SECTION REFERENCED
A-I Map of Property 1.2
A-2 Legal Description 1.2
A-3 Existing Approvals 2.7
26
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P-3 'f
-.-.------.-------.--.-----..--.-------
LIST OF EXHIBITS
EASTLAKE III
EXHIBIT DESCRIPTION FIRST SECTION REFERENCED
A-I Map of Property 1.2
A-2 Legal Description 1.2
A-3 Existing Approvals 2.8
¿-.;35
Plat of EastLake Community 1'"
Exhibit A-1 : "..
r- ----J ~
: G F.¿"
...."..#
Ø> «Þ;,., #1
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0,-0'1
" #
I
I
Olympic..
Training..
\ Center J
,\150 ac'(s)
Phase A - Trails South 169.0 acres ~\
Phase B - Trails North 152.9 acres
Phase C - Landswap" 151.6 acres
Phase D - Panhandle Site 45.0 acres
Phase E - Vistas 349.5 acres
Phase F - Woods 398.8 acres \1
Phase G - Business Center II 111.0 acres
"C1 - 135.5 acres 'J
C2 - 16.1 acres ¿;-3b
-------- "---- ,
EASTlAKE III
EXHIBIT A-2
(LEGAL DESCRIPTION)
TRAILS SOUTH
Being a portion of Chula Vista Tract No. 99-03, Eastlake Trails South Map No.
13812 filed in the Office of the County Recorder June 18, 1999.
P-37
EASTLAKE III
EXHIBIT A-Z
(LEGAL DESCRIPTION)
TRAILS NORTH
Being a sum of Chula Vista, Tract No. 99-03, Eastlake Trails North Phases TN-1
and TN-2, Map No. 14126, Chula Vista Tract No. 00-03 Eastlake Trails North,
Neighborhoods TN-5 and TN-6, Map No. 14155, and Chula Vista Tract No. 993
Eastlake Trails North, Neighborhoods TN-3 and TN-7, Map No. 14187
? - -3';
.-----.---.--- . .-.-.-..------ .
EASTLAKE III
EXHIBIT A-2
(LEGAL DESCRIPTION)
LANDSWAP
Those portions of Lot 11' of Otay Ranch according to Map thereof No. 862 filed in
the Office of the Recorder of San Diego County, the Northwest Quarter and the
Southeast Quarter and the Northeast Quarter of Section 3, Township 18 South,
Range 1 West, San Bernardino Meridian, and the Southwest Quarter of Section 34,
Township 17 South, Range 1 West, San Bernardino Meridian, all in the City of
Chula Vista, County of San Diego, State of California, said portions being mòre
particularly described as follows:
Beginning at the Northwest corner of said Northeast Quarter of Section 3; thence
along the North line of said Northeast Quarter of Section 3 South 88°46'06" East
10.00 feet; thence leaving said Northerly line along a line 10.00 feet Easterly of
and parallel with the West line of said Northeast Quarter of Section 3, South
00°35'48" West 470.44 feet to the beginning of a non-tangent 1970.00 foot
radius curve concave Southwesterly, to which a radial line bears North 49°31 '33"
East said point being on the Southwesterly line of Final Order of Condemnation No.
494337 (Parcel 200-A) recorded October 3, 1983, File/Page No. 83-353519,
Official Records; thence leaving said parallel line, along a line along said
Southwesterly line, Northwesterly along the arc of said curve through a central
angle of 01 °24'34" a distance of 48.46 feet; thence continuing along said
Southwesterly line North 41 °53'01" West 1659.39 feet to the Southeasterly
Right-of-way of Otay Lakes Road as described in Final Order of Condemnation No.
602528 recorded February 5, 1990, as File/Page 90-064524, Official Records, said
point being the beginning of a non-tangent 4933.00 foot radius curve concave
Southeasterly, to which a radial line bears North 31 °19'49" West; thence along
said Southeasterly line Northeasterly along the arc of said curve through a central
angle of 02°07' 12" a distance of 182.53 feet; thence continuing along said
Southeasterly line North 60°47'23" East 597.45 feet; thence South 31 °25'49"
East 10.99 feet; thence North 58°34' 11" East 187.80 feet to the beginning of a
tangent 4933.00 foot radius curve concave Southeasterly; thence Northeasterly
along the arc of said curve through a central angle of 04°07'30" a distance of
355.15 feet to a point on the East line of said Southwest Quarter of Section 34;
thence along said East line South 00" 16' 14" West 1447.66 feet to the Point of
Beginning.
.., ,.".'."
"'.-.--.---- ---.
Also:
Beginning at the Northwest corner of said Southeast Quarter of Section 3; thence
along the West line of said Southeast Quarter Soùth 00°35'48" West 10.00 feet to
the TRUE POINT OF BEGINNING; thence leaving said Westerly line, parallel with the
North line of said Southeast Quarter South 88 °19'01" East 1826.96 feet to the
Southwesterly line of that 120.00 foot easement granted t.o SDG&E per document
recorded April 5, 1983, File/Page 83-107938, Official Records; thence alongsaid
Southwesterly line South 39°41'27" East 256.30 feet; thence continuing along
said Southwesterly line South 41 °24' 1 3" East 966.18 feet to the Westerly line of
Rancho Janal according to Map thereof No. 989 filed in the Office of the Recorder
of San Diego County; thence along said Westerly line South 00°41'24" West
1423.95 feet to the Southerly line of said Rancho Janal; thence along said
Southerly line North 71 °56' 55" East 1 039.70 feet to the Southwesterly line of said
SDG&E easement; thence along said Southwesterly line South 41 °24'13" East
354.55 feet to the beginning of a non-tangent 5000.00 foot radius curve concave
Southerly, to which a radial line bears North 17°55' 29" West; thence leaving said
Southwesterly line Westerly along the arc of said curve through a centra! angle of
00°58'32" a distance of 85.13 feet; thence South 71 °05'59" West 227.19 feet to
the beginning of a tangent 2000.00 foot radius curve concave Northerly; thence
Westerly along the arc of said curve through a central angle of 35°18'32" a
distance of 1232.51 feet; thence North 73°35'29" West 618.51 feet to the
beginning of a tangent 1600.00 foot radius curve concave Northeasterly; thence
Northwesterly along the arc of said curve through a central angle of 38°34'39" a
distance of 101'7.29 feet; thence North 35°00'50" West 370.00 feet to the
beginning of a tangent 1600.00 foot radius curve concave Southwesterly; thence
Northwesterly along the arc of said curve through a central angle of 31 °25' 13" a
distance of 877.42 feet to the West line of said Southeast Quarter of Section 3;
thence along said West line North 00° 35' 48" East 827.02 feet to the TRUE POINT
OF BEGINNING excepting therefrom that portion conveyed to the Otay Water
District by Grand Deed recorded March 19, 1993 as File No. 1993-0172610,
Official Records.
j/- '/0
. 'c. ....,'.v.'
- ------~----_.--_. .. -- . -------
EASTLAKE III
EXHIBIT A-2
(LEGAL DESCRIPTION)
PAN HANDLE
Those portions of that portion of Rancho Janal in the City of Chula Vista, County of
San Diego, State of California deeded to Western Salt Company per deed recorded
December 18, 1950 as Document No. 147375 in Book 3902, Page 47 Official
Records filed in the Office of the Recorder of said County, said portions being more
particularly described as follows: i
Beginning at the Southwesterly corner of Parcel 1 of Parcel Map NG. ì 6318 filed in i
the Office of the Recorder of said County; thence along the Southerly line of said
Parcel 1 North 89°27'37" East 660.34 feet to the Southeasterly corner of said
Parcel 1, said point being the beginning of a non-tangent 550.00 foot radius curve
concave Northeasterly, to which a radial line bears South 89°27'37" West; thence
along the Easterly line of Parcel 1 of said deed to Western Salt Company, I
Southeasterly along the arc of said curve through a central angle of 32°58'53" a !
distance of 316.60 feet; thence continuing along said Easterly line South I
33°31' 16" East 487.69 feet to the beginning of a tangent 950.00 foot radius
curve concave Southwesterly; thence continuing along said Easterly line
Southeasterly along the arc of said curve through a central angle of 28°40'26" a
distance of 475.43 feet; thence continuing along said Easterly line South
04°50'50" East 2174.97 feet to the Southeasterly corner of said deed; thence'
along the Southerly line of said deed North 89°03'01" West 231.01 feet to the I
Southwesterly line of said deed, said point also being Corner No.2 of Rancho I
Janal; thence along the Westerly line of said deed North 18°50'38" West 3493.90 ¡'
feet to the Point of Beginning.
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--._---.- -----
EASTlAKE III
EXHIBIT A-2
(LEGAL DESCRIPTION)
VIST AS (Portion Northerly of Olympic Parkway)
Being a portion of Rancho Janal in the City of Chula Vista, County of San Diego,
State of California as shown on Parcel Map 18211 as a unsurveyed remainder
parcel, said parcel more particularly described as follows:
Beginning at the Northeast corner of Parcel 3 of said Parcel Map 18211; thence
along the boundary of said remainder parcel South 76°49'57" East 928,06 feet to
the beginning of a tangent 5000.00 foot radius curve concave Northeasterly;
thence Southeasterly along the arc of said curve through a central angle of
01 °50'00" a distance of 159.99 feet; thence South 78°39'57" East 944.31 feet;
thence South 11 °20'03" West 64.46 feet to the beginning of a non-tangent
950.00 foot radius curve concave Southwesterly, to which a radial line bears North
12° 12' 29" East; thence Southeasterly along the arc of said curve through a central
angle of 31 °34'00" a distance of 523.40 feet; thence South 46° 13'31" East
686.02 feet to the beginning of a tangent 350.00 foot radius curve concave
Westerly; thence Southerly along the arc of said curve through a central angle of
74°52'37" a distance of 457.40 feet; thence South 28°39'06" West 344.60 feet
to the beginning of a tangent 300.00 foot radius curve concave Southeasterly;
thence Southwesterly along the arc of said curve through a central angle of
04°43'14" a distance of 24.72 feet; thence South 63°57'59" West 121,43 feet;
thence South 13°27'59" West 90.00 feet; thence South 26°14'39" East 116.13
feet; thence South 59°37'01" East 148.00 feet to the beginning of a non-tangent
300.00 foot radius curve concave Northeasterly, to which a radial line bears South
48°39'48" West; thence Southeasterly along the arc of said curve through a
central angle of 30°37'49" a distance of 160.38 feet; thence South 71 °58'01"
East 1 07.43 feet to the beginning of a tangent 250.00 foot radius curve concave
Southwesterly; thence Southeasterly along the arc of said curve through a central
angle of 68°54'59" a distance of 300.70 feet; thence South 03°03'02" East
822.26 feet to the beginning of a tangent 250.00 foot radius curve concave
Northwesterly; thence Southwesterly along the arc of said curve through a central
angle of 76°02'42" a distance of 331.81 feet; thence South 72°59'40" West
391.61 feet to the beginning of a tangent 260.00 foot radius curve concave
Southeasterly; thence Southwesterly along the arc of said curve through a central
angle of 26°43'25" a distance of 1 21.27 feet; thence North 43°39' 50" West
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--------,-----'.- ---- ------,
102.00 feet; thence South 65°55'31" West 85.00 feet; thence South 44°04'52"
West 82.00 feet; thence South 01 °29'48" East 174.52 feet; thence South
59°36' 1 0" East 61.50 feet; thence South 30°24'20" West 72.59 feet; thence
South 28°07'43" West 30.32 feet to the beginning of a tangent 765.00 foot
radius curve concave Northwesterly; thence Southwesterly along the arc of said
curve through a central angle of 25°22'06" a distance of 338.71 feet; thence
South 53°29'48" West 31.63 feet to the beginning of a tangent 750.00 foot
radius curve concave Northwesterly; thence Southwesterlý along the arc of said
curve through a central angle of 43°04'20" a distance of 563.81 feet to the
beginning of a non-tangent 944.00 foot radius curve concave Northeasterly to
which a radial line bears South 09° 15'57" West; thence Northwesterly along the
arc of said curve through a central angle of 10° 15' 5 6" a distance of 1 69.13 feet to
the beginning of a compound 746.00 foot radius curve concave Northeasterly;
thence Northwesterly along the arc of said curve through a central angle of
08°28'47" a distance of 110.41 feet; thence North 61 °59'20" West 669.49 feet
to the beginning of a tangent 1654.00 foot radius curve concave Southwesterly;
thence Northwesterly along the arc of said curve through a central angle of
28°45'31" a distance of 830.20 feet; thence North 01 °48'08" West 336.33 feet
to the beginning of a tangent 210.00 foot radius curve concave Southeasterly;
thence Northeasterly along the arc of said curve through a central angle of
45°43'43" a distance of 167.60 feet; thence North 43°55'35" East 57.30 feet to
the beginning of a tangent 20.00 foot radius curve concave Westerly; thence
Northerly along the arc of said curve through a central angle of 90°00'00" a
distance of 31.42 feet; thence North 46 °04' 25" West 1 04.77 feet to the
beginning of a tangent 780.00 foot radius curve concave Northeasterly; thence
Northwesterly along the arc of said curve through a central angle of 51 °41 '20" a
distance of 703.67 feet; thence North 05°36'55" East 627.95 feet to the
beginning of a tangent 1000.00 foot radius curve concave Westerly; thence
Northerly along the arc of said curve through a central angle of 25°33' 19" a
distance of 446.02 feet; thence North 19°56'24" West 224.98 feet to the
beginning of a tangent 780.00 foot radius curve concave Easterly; thence Northerly
along the arc of said curve through a central angle of 45 ° 14' 52" a distance of
615.98 feet to the beginning of a reverse 250.00 foot radius curve concave
Westerly; thence Northerly along the arc of said curve through a central angle of
32°56'07" a distance of 143.71 feet; thence North 07"37'39" West 163.78 feet
to the beginning of a tangent 250.00 foot radius curve concave Southwesterly;
thence Northwesterly along the arc of said curve through a central angle of
34°29'26" a distance of 150.49 feet; thence North 39°39'01" East 398.89 feet;
thence North 20°36'57" East 125.83 feet to the Point of Beginning.
J - ¥'3
, _no, '._,.._--m,_. ..._--- ""-
VISTAS (Portion Southwesterly of Olympic Parkway)
Beginning at the Southeast corner of Parcel 1 of said Parcel Map 18211; thence
along the boundary of the unsurveyed remainder parcel North 01 °48'07" West
65.62 feet to the beginning of a non-tangent 1546.00 foot radius curve concave
Southwesterly, to which a radial line bears North 00°40' 26" West; thence
Southeasterly along the arc of said curve through a central angle of 28°41 '06" a
distance of 774.00 feet; thence South 61 °59'20" East 669.49 feet to the
beginning of a tangent 854.00 foot radius curve concave Northeasterly; thence
Southeasterly along the arc of said curve through a central angle of 10°26'41" a
distance of 155.68 feet; thence South 30°14'34" West 450.11 feet; thence South
00°01 '12" West 289.06 feet; thence South 25°34'27" West 465.57 feet; thenQe
North 85°47'44" West 478.22 feet; thence North 18°53'21" West 1653.80 feet;
thence South 71 °57'18" West 38.35 feet to the Point of Beginning.
VISTAS (Portion Southeasterly of Olympic Parkway)
Beginning at the most Southerly corner of the unsurveyed remainder parcel shown
on Parcel Map 18211 lying immediately Easterly of the Olympic Training Center
being Parcel 1 of Parcel Map 16318; thence along the boundary of said unsurveyed
remainder parcel North 49°46'27" West 688.77 feet to the beginning of a tangent
900.00 foot radius curve concave Northeasterly; thence Northwesterly along the
arc of said curve through a central angle of 21 °27'07" a distance of 336.97 feet;
thence North 00°43'25" East 450.00 feet; thence North 64°30'34" West 124.83
feet; thence North 00°43'25" East 111.76 feet to the beginning of a non-tangent
850.00 foot radius curve concave Northwesterly, to which a radial line bears South
29°05'47" East; thence Northeasterly along the arc of said curve through a central
angle of 32°46'30" a distance of 486.23 feet; thence North 28°07'43" East 59.07
feet to the beginning of a tangent 20.00 foot radius curve concave Southeasterly;
thence Northeasterly along the arc of said curve through a central angle of
90°00'00" a distance of 31 .42 feet; thence South 61 °52' 18" East 84.92 feet to
the beginning of a non-tangent 260.00 foot radius curve concave Northeasterly, to
which a radial line bears South 46°56' 17" West; thence Southeasterly along the
arc of said curve through a central angle of 26°58'36" a distance of 122.42 feet;
thence South 70°02'19" East 422.37 feet to the beginning of a tangent 350.00
foot radius curve concave Southwesterly; thence Southeasterly along the arc of
said curve through a central angle of 60°14'00" a distance of 367,94 feet; thence
South 09°48'19" East 370.73 feet to the beginning of a tangent 400.00 foot
radius curve concave Northwesterly; thence Southwesterly along the arc of said
curve through a central angle of 68°28'10" a distance of 478.01 feet; thence
South 58 ° 39' 52" West 118.11 feet to the beginning of a tangent 300.00 foot
radius curve concave Southeasterly; thence Southwesterly along the arc of said
curve through a central angle of 80°04' 27" a distance of 419.27 feet to the Point
of Beginning.
cÝ - i/'i-
EASTLAKE 1\1
EXHIBIT A-2
(LEGAL DESCRIPTION)
WOODS
Those portions of the Southwest Quarter of Section 25, Township 17 South,
Range 1 West, San Bernardino Meridian, and that portion of Rancho Janal in the
City of Chula Vista, County of San Diego, State of California deeded to Western
Salt Company per deed recorded December 18, 1950 as Document No. 147375 in
Book 3902, Page 47 Official Records filed in the Office of the Recorder of said
County, said portions being more particularly described as follows:
Beginning at the Northeasterly corner of Chula Vista Tract No. 88-3 Eastlake
Greens Phase 1 B/C according to Map thereof No. 12545 filed in the Office of the
Recorder of said County; thence along the Northerly Right-of-way of Otay Lakes
Road as shown on said map North 45°19'44" West 790.83 feet to the beginning
of a tangent 2067.00 foot radius curve concave Southwesterly; thence continuing
along said Northerly Right-of-way line Northwesterly along the arc of said curve
through a central angle of 15°11'28" a distance of 548.03 feet; thence leaving
said Northerly Right-of-way line North 30' 18' 41" East 625.04 feet to the
beginning of a tangent 370.00 foot radius curve concave Westerly; thence
Northerly along the arc of said curve through a central angle of 54°36'52" a
distance of 352.68 feet; thence North 24°18' 11" West 731.70 feet to the
beginning of a tangent 830.00 foot radius curve concave Easterly; thence Northerly
along the arc of said curve through a central angle of 29°28'45" a distance of I
427.04 feet; thence North 05°10'34" East 332.75 feet; thence North 65°28'45" a '
distance of 427.04 feet; thence North 05° 10'34" East 332.75 feet; thence North
65°53'38" East 277.31 feet to the North line of said portion of Rancho Janal
deeded to Western Salt Company; thence along said North line South 88°27'55"
East 2303.05 feet to the Southwest corner of Parcel 2 of said deed to Western
Salt Company; thence along the West line of said Parcel 2, North 01 °01 '59" East
1947,28 feet; thence along the Northeasterly line of said Parcel 2 South
59°42'31" East 868.00 feet; thence continuing along said Northeasterly line of
said Parcel 2 South 55°54'31" East 198.00 feet; thence continuing along said
Northeasterly line of said Parcel 2 South 64°49'44" East 233.91 feet; thence
continuing along said Northeasterly line of said Parcel 2 South 41 °28'05" East
1817.65 feet; thence along the South line of said Parcel 2 North 88 ° 27' 55" West I
6,28 feet to the Northeast corner of Parcell of said deed to Western Salt
Company; thence along the Easterly line of said Parcel 1 South 05°34'30" West
I
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- - - - - -
167.82 feet; thence continuing along said Easterly line South 87°45' 13" West
604,60 feet; thence continuing along said Easterly line South 84° 15 '13" West
311.00 feet; thence continuing along said Easterly line South 74°44'47" East
394.40 feet; thence continuing along said Easterly line South 51 °14'47" East
174.11 feet; thence continuing along said Easterly line South 17"45' 13" West
240.60 feet; thence continuing along said Easterly line North 72° 15' 13" East
239.70 feet; thence continuing along said Easterly line South 81 °44'47" East
457.00 feet; thence continuing along said Easterly line South 50°44'47" East
98.30 feet; thence continuing along said Easterly line South 04°44'47" East 98.70
feet; thence continuing along said Easterly line South 43° 15' 13" West 197.00
feet; thence continuing along said Easterly line South 54° 15' 13" West 306,00
feet; thence continuing along said Easterly line South 59°15'13" West 308.40
feet; thence continuing along said Easterly line South 44°15' 13" West 235.70
feet; thence continuing along said Easterly line South 87°14'47" East 631.80 feet;
thence continuing along said Easterly line South 26°44'47" East 108.50 feet;
thence continuing along said Easterly line South 20° 15' 13" West 101.20 feet;
thence continuing along said Easterly line South 33°45'13" West 203.10 feet;
thence continuing along said Easterly line South 49°15'13" West 179.50 feet;
thence continuing along said Easterly line South 60°45' 13" West 119.80 feet;
thence continuing along said Easterly line North 72°14'47" West 122.00 feet;
thence continuing along said Easterly line South 33° 15' 13" West 228.50 feet;
thence continuing along said Easterly line South 82 °45' 13" West 107.50 feet;
thence continuing along said Easterly line North 69° 14'47" West 285.00 feet;
thence continuing along said Easterly line South 02° 15' 13" West 314.00 feet;
thence continuing along said Easterly line South 53 ° 1 5' 13" West 653.80 feet;
thence continuing along said Easterly line South 03°44'47" East 143.93 feet;
thence continuing along said Easterly line North 75°13'38" West 48.78 feet;
thence continuing along said Easterly line South 64°30'22" West 111,23 feet;
thence continuing along said Easterly line South 41 °57' 22" West 350.62 feet;
thence continuing along said Easterly line South 57°42'22" West 200.50 feet;
thence continuing along said Easterly line South 55°18'22" West 209.80 feet;
thence continuing along said Easterly line South 48°16'22" West 42.88 feet;
thence continuing along said Easterly line South 43°28'22" West 356.97 feet;
thence continuing along said Easterly line South 53°45'22" West 266.70 feet;
thence continuing along said Easterly line South 32°20'38" East 51.54 feet to the
centerline of Otay lakes Road as dedicated to the City of Chula Vista per deed
recorded November 28, 1990, File/Page 90-634654 and shown on City of Chula
Vista Drawing No. 90-607; thence along said centerline North 77°38'00" West
245,61 feet to the beginning of a tangent 2000.00 foot radius curve concave
Northeasterly; thence continuing along said centerline Northwesterly along the arc
of said curve through a central angle of 32° 18' 16" a distance of 1127.64 feet;
thence continuing along said centerline North 45° 19'44" West 227.81 feet to a
point on the Easterly line of the boundary of said Map No. 12545; thence along
said Easterly line North 44°40' 16" East 67.00 feet to the Point of Beginning.
ç--
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--.-.---.---.,- ...----,-.----- -----.--
EAST LAKE III
EXHIBIT A-2
(LEGAL DESCRIPTION)
BUSINESS CENTER II
That portion of Rancho Janal in the City of Chula Vista, County of San Diego, State
of California deeded to Western Salt Company per deed recorded December 18,
1950 as Document No. 147375 in Book 3902, Page 47, Official Records, filed in
the Office of the Recorder of said County, said portions being more particularly
described as follows:
Beginning at the Northeast corner of Lot 7 of Chula Vista Tract No. 84-7 Unit No.1
according to Map thereof No. 11509 filed in the Office of the Recorder of said
County; thence along the Northerly line of Parcel 1 of said deed to Western Salt
Company South 88°27'55" East 2165.38 feet; thence leaving said Northerly line
South 65°53'38" West 277.31 feet; thence South 05°10'34" West 332.75 feet
to the beginning of a tangent 830.00 foot radius curve concave Easterly; thence
Southerly along the arc of said curve through a central angle of 29°28'45" a
distance of 427.04 feet; thence South 24 ° 18' 11" East 731.70 feet to the
beginning of a tangent 370.00 foot radius curve concave Westerly; thence
Southerly along the arc of said curve through a central angle of 54°36'52" a
distance of 352.68 feet; thence South 30°18'41" West 625.04 feet to the
beginning of a non-tangent 2067.00 foot radius curve concave Southerly, to which
a radial line bears North 29°28'48" East, said point being on the Northerly Right-of-
way of Otay lakes Road as shown on Map No. 12545 filed in the Office of the
Recorder of said County; thence along said Northerly Right-of-way, Westerly along
the arc of said curve through a central angle of 40°55'32" a distance of 1476.43
feet; thence continuing along said Northerly Right-of-way South 78°33'16" West
757.09 feet to the beginning of a tangent 5067.00 foot radius curve concave
Southeasterly; thence continuing along said Northerly Right-of-way Southwesterly
along the arc of said curve through a central angle of 00°22'58" a distance of
33.85 feet to a point on the Easterly boundary of said Map No. 11509; thence
along said Easterly boundary North 11 °28' 15" East 1125.63 feet to the Point of
Beginning.
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THE cln OF CHULA VISTA DISCLOSURE STATEMENT
You are required to file a Statement of Disclosure of certain ownership or financial interests, payment
or campaign contributions, on all matters which will require discretionary action on the part of the Ci~'
Council, Planning Commission, and all other official bodies. The following information must be diScloseJ
1. List the names of all persons having financial interest in the property which is the subject of the
application or the contract, e.g., owner applicant, contractor, subcontractor, material supplier.
,Jl.~. í::!;¡~ï;:~~~C-
2. If any person' identified pursuant to (1) above is a corporation or partnership, list the names of all
individuals owning more than 10% of the shares in the corporation or owning any partnership interest
in the pårtnership. .
::r G. PoSWt /1
3 If any person' identified pursuant to (1) above is non,profilorganization or a trust, list the names of
any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of
the trust.
4. Have you had more than $250 worth of business transacted with any member of the City staff,
Boards, Commissions, Committees, and Council within the past twelve months? Yes - No L
If yes. please indicate person(s):
5. Please identify each and every person, including any agents, employees, consultants, or
independent contractors who you have assigned to represent you before th~ City_in this matter.
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6. Have you andlor your officers or agents, in the aggregate, contributed more than $1,000 to a
Councilmember in the current or preceding election period? Yes - No L If yes, state which
Councilmember(s):
(NOTE: ATTACH ADDITIONAL PAGES AS NECESSjlRY) 1
~Þ/o/ /"
Date: / . ,/Ì\..---
I I sig~a:uri of c~ntractor/applicant
&tÆ/ ;!S4 f6
Print or týpe name of contractor/applicant
. Penon '5 defined m. "Any ,ndivldual, fi'm, co-pannmhlp, JOInl venlu", assoc/OI/on, 50c/OI club, f,eolemal argan/zallOn. corporal/on,
estale, l'U51, "aiva. syndicale, Ihu and any a/her county, CIty and caunfry, CIty municipality, d'slnc,- 0' a/ha paliflcaf subd,vision. ar any
other gmup a' comb,na/lOn aClong as a unll"
¿;-¥'9 flI.IIMt.f>1R 4A + .~
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AMENDMENT TO THE
AMENDED AND RESTATED DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF CHULA VISTA AND THE EASTLAKE
COMPANY, LLc. FOR EASTLAKE III (TRAILS, WOODS, VISTAS,
BUSINESS CENTER PHASE II, OLYMPIC TRAINING CENTER
AND "LAND SWAP" PARCELS).
1. RECITALS
A. Project Site
WHEREAS, the areas of land which are subject to this Ordinance are
diagrammatically represented in Exhibit A of the Second Amended and Restated
Development Agreement, and for the purpose of general description herein consists of: I)
108.8 acres located north of Olympic Parkway between the future SR-125 freeway
alignment and the existing EastLake Greens development boundaries (Southern "Land
Swap" parcel); 2) 24.7 acres located on the south side ofOtay Lakes Road west of the future
SR-125 freeway (Northern "Land Swap" parcel); 3) 322.2 acres located east of Hunte
Parkway between Otay Lakes Road and Olympic Parkway (EastLake Trails); 4) 108 acres
located on the north side of Otay Lakes Road between Lane Avenue and Hunte Parkway
(EastLake Business Center Phase II); and 5) 950 acres east of Hunte Parkway known as
EastLake III GDP (Woods, Vistas neighborhoods and Olympic Training Center) ("Project
Site"); and,
B. Project; Application for Discretionary Approval
WHEREAS, on August 3, 2001, the EastLake Company ("Developer") filed an
application with the Planning and Building Department of the City of Chula Vista
requesting a second amendment to the Amended and Restated Development Agreement
between the City of Chula Vista and the EastLake Company, LLC. for EastLake III
(Trails, Woods, Vistas, Business Center Expansion, Olympic Training Site and Land
Swap) ("Project"); and,
C. Prior Discretionary Approval
WHEREAS, the Amended and Restated Development Agreement between the City
of Chula Vista and the EastLake Company, LLC for Eastlake III (Trails, Woods, Vistas,
Business Center Expansion, Olympic Training Center and Land Swap) was previously
approved by the City Council on February 22, 2000, Ordinance No. 2805; and
WHEREAS, the original EastLake III Development Agreement was previously
approved by City Council on February 27, 1990, Ordinance No. 2356; and
,Ç- 50
.---.-. ..----.
Ordinance No.
Page 2
WHEREAS, the EastLake III General Development Plan and Sectional Planning
Area (SPA) plan were previously approved by City Council Resolution No. 2001-220 on
July 17, 2001 and Planned Community District Regulations approved by City Council
Ordinance No. 2839 on July 24,2001; the EastLake Greens Sectional Planning Area (SPA)
plan previously approved by City Council Resolution No. 15199 ("Eastlake Greens (SPA)
plan") and Planned Community District Regulations previously approved by City Council
Ordinance No. 2317 (EastLake II-Eastlake I Expansion-Planned Community District
Regulations) on July 18, 1989; the EastLake Trails Sectional Planning Area (SPA) plan
previously approved by City Council Resolution No. 19275 on November 24, 1998 and
Planned Community District Regulations previously approved by City Council Ordinance
No. 2765 on December 8, 1998; and
WHEREAS, CEQA review is not required for the Development Agreement since an
in-depth review occurred when the environmental review was approved for the Project
adopted by the City on July 17, 2001 (Long Beach Sav. & Loan v. Long Beach
Redevelopment, 232 Cal. Rptr. 772, 881-2 (1986); and
D. Planning Commission Record on Applications
WHEREAS, the Planning Commission held an advertised public hearing on said
project on September 26, 2001, and voted to recommend that the City Council approve the
Second Amended and Restated III Development Agreement; and,
WHEREAS, the proceedings and all evidence introduced before the Planning
Commission at their public hearing held on September 26, 2001, and the minutes and
resolutions resulting therefrom, are hereby incorporated into the record of this proceeding.
E. Council Record of Applications
WHEREAS, a duly called and noticed public hearing on the Second Amended and
Restated Development Agreement was held before the City Council of the City of Chula
Vista on October 9, 2001, and to receive the recommendations of the Planning Commission,
and to hear public testimony with regard to the same.
II. NOW, THEREFORE, the City of Chula Vista does hereby find, determine and ordain
as follows:
A. COMPLIANCE WITH THE CITY GENERAL PLAN
The City Council has determined that the Second Amended and Restated
Development Agreement as shown on Exhibit I, is consistent with the City's General Plan,
all applicable mandatory and optional elements of the General Development plan for
EastLake III as well as all other applicable policies and regulations of the City; and,
B. APPROVAL OF AMENDMENT TO AMENDED AND RESTATED
DEVELOPMENT AGREEMENT
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Ordinance No.
Page 3
In accordance with Section 65867.5 of the Government Code, the City Council of
the city of Chula Vista hereby approves the document entitled Second Amended and
Restated Development Agreement Between the City of Chula Vista and The EastLake
Company, LLC, for EastLake III (Trails, Woods, Vistas, Business Center Expansion,
OJympic Training Site and Land Swap).
III. EXECUTION OF AGREEMENT
The Mayor of the City of Chula Vista is hereby authorized and directed to execute
said Agreement on behalf of the City ofChula Vista.
IV. EFFECTIVE DATE
This ordinance shall take effect and be in force on the thirtieth day from after its
adoption.
V. RECORDATION OF DOCUMENT
The City Clerk is hereby directed to record the Second Amended and Restated Development
Agreement in the office of the County Recorder.
Presented by: Approved as to form by:
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Robert A. Leiter John M. Kaheny
Planning & Building Director City Attorney
H\pbnn;ng~cf '~n"nd Eilli Development Agreement
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COUNCIL AGENDA STATEMENT
Item: ~
Meeting Date: lO/9/0l
ITEM TITLE: Report on the Feasibility Study and Final Design for the Proposed
Skate Park at Greg Rogers Park.
SUBMITTED BY: Director of Parks and Recreation ~
REVIEWED BY: City Manager ~ (4/5thsVote: Yes_NoA)
The Parks & Recreation Department has long realized that a need for a safe and secure
skate park venue exists in the City of Chula Vista. In order to evaluate the viability of a
skate park a consultant was hired to produce a feasibility study on a skate park located at
Greg Rogers Park on the Campus of the Oleander Boys and Girls Club. The feasibility
study, which included two public workshops, and a presentation to a Special Combined
Meeting of the Parks and Recreation Commission and the Boys and Girls Club Board of
Directors has been completed. The presentation tonight will include the final design and
the feasibility study's finding.
STAFF RECOMMENDATION: That the City Council:
. Accept the proposed final design as presented,
. Direct staff to enter into the process for preparation of the construction
documents,
. Approve the tentative fundinglbudget recommendation as outlined in Attachment
C, and
. Direct staff to develop an operational MOU with the Boys and Girls Club.
BOARDS/COMMISSIONS RECOMMENDATIONS: At a special combined meeting
of the Parks and Recreation Commission and Boys and Girls Club Board of Directors on
August 16, 2001 it was unanimously approved to go forward with the Skate Park concept
(Attachment A).
DISCUSSION:
Background
. Youth Summits conducted in early 1990 highlighted the lack of legal and safe
venues for skateboards and skates.
. In 2000 the public meeting for the Parks Master Plan called for skate facilities
inclusion in future parks.
. Throughout this period, a history of requests by the public to City leaders for a
skate facility has persisted.
. In 2000 the Boys & Girls Club of Chula Vista postponed receipt of CDBG
funding for a soccer facility in favor of exploring the possibility of a skate facility
at the Oleander Campus.
. Parks and Recreation solicited RFPs for a feasibility study for a skate park and
accepted/selected Purkiss-Rose-RSI, Landscape Architects.
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Item No. l Page ~
Meeting Date: 10/9/01
. On May 8, 2001 the proposed skate park report was presented to council when
they unanimously approved that:
0 Staff develop a concept plan for a skate park at Greg Rogers Park on the
campus of Oleander Boys & Girls Club.
0 Staff continue with the feasibility study and convene public workshops
with respect to the proposed facility.
0 Staff enter into MOU discussions for the operation of the skate park by the
Boys & Girls Club of Chula Vista.
. On June 7 and July 19, 2001 public work shops were held at the Oleander Boys
and Girls club where community members were given the opportunity to ask
questions, comment, and help design the skate park. The response was
overwhelmingly positive and the elementary school age children through young
adults that chose to participate in the design were very excited about being
included in the process.
. The request for Purkiss Rose to continue on with the preparation of the
construction documents is due to their excellent performance during the feasibility
study.
Issues:
. Safety and Liability: The public liability concerns regarding public operated
skate parks was addressed by California Assembly Bill 1296. This information
and information from other cities was given to the City Attorney for comment
(Attachment B).
. Financing: The preliminary budget for the skate park is approximately
$1,397,509. It is proposed that financing be provided through the Proposition 12
Per Capita Grant from the State of California ($1,185,009) and the Boys and Girls
Club approved CDBG funds ($212,500). The proposed budget and funding
options are outlined in Attachment C.
FISCAL IMPACT:
None at this time.
ATTACHMENTS:
Attachment A - Parks & Recreation Commission Minutes - August 16,2001
Attachment B - City Attorney's Letter on Skateboarding Liability
Attachment C - Skate Park Cost Estimate
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CITY OF CHULA VISTA
PARKS AND RECREATION COMMISSION
Minutes
Thursday - 6:30 p.m. August 16, 2001
Mercy Building 430 F Street
SPECIAL JOINT MEETING WITH BOYS & GIRLS CLUB
1. ROLL CALL Radcliffe -.E. Rude -E. Salcido ~Weidner -p -
Ramos E_, Perondi ----E
2. INTRODUCTION OF BOYS & GIRLS CLUB GUESTS
3. PRESENTATION BY PURKISS ROSE
Steve Rose of Purkiss Rose (Skatepark Consultant) gave a short presentation on the
design for the City of Chula Vista Skatepark at the Boys & Girls Club site on Oleander.
A brief question and answer period followed with Mr. Rose's associates responding.
Questions and Answers are as follows:
Q: What about storage containers?
A: They can be moved.
Q: What about peripheral lighting?
A: Lighting already exists for alley and lighting is planned for the perimeter of the
skatepark.
Q: How is this design perceived by others?
A: The design has been shown to top-flight skaters and their response was top-
notch.
Q: Will BMX bikes be allowed?
A: No. Bikes can gouge pieces of concrete from skate areas and be quite
expensive to repair.
Q: What will attract skaters to this park?
A: It caters to everything the skater likes including a street element. It also will have
an event area for non-structured skating and a spectator area as well.
Q: What about the liability issues?
A: It is planned for an ordinance be established that would require helmets and
protective elbow and knee pads to be worn. As well as signs requiring protective
gear must be worn and a written release must be on file. Boys & Girls Club will
have their own insurance and 10 cards are planned.
Q: What is the budget?
A: The budget is around $1.8 million at this time. We hope to trim that down before
it goes to Council in September/October.
Parks & Recreation Commission Minutes
August 16,2001 Page I
9-3 ATTACHMENT A
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Q: What about the MOU with the Boys & Girls Club.
A: Negotiations with the Boys & Girls Club will commence after approval is received
from the City Council.
MSCU (Rude/Ramos) that the proposal for the Chula Vista Skate Park be approved.
Adjournment at 7:50 p.m. to the regularly scheduled meeting of September 20, 2001.
Parks & Recreation Commission Minutes
August 16,2001 Page 2
9-1 ATTACHMENT A
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ellY OF
CHUlA VISTA
Office of the City Attorney
MEMORANDUM
DATE:
August 16, 2001
SUBJECT:
Andy Campbell, Director of Parks & Recreation
Bart C. Miesfeld, Assistant City AttorneyL~
Skate Park Proposed Plan
TO:
FROM:
This memorandum shall serve as a general discussion concerning
liability issues related to the construction, use and maintenance of
the proposed Skate Park Facility within the City of Chula Vista.
As with many recreational and sports activities, the potential for
injury to participants and subsequent liability claims always exists.
However, there are three significant legal factors related to the
proposed Skate Park and its use which may greatly reduce potential
liability to the City and its employees. The following is a brief
discussion of each of these three points.
1.
LIABILITY FOR SKATEBOARDING AS A HAZARDOUS
RECREATIONAL ACTIVITY IS LIMITED BY GOVERNMENT
CODE SECTION 831.7 AND HEALTH AND SAFETY CODE
SECTION 115800
California Government Code section 831.7 provides that a public
entity or public employee is not liable to anyone who participates in
"hazardous recreational activity" for any damage or injury arising
out of the activity.
In September 1997, Health and Safety Code section 115800 was
established to specifically designate skateboarding at any facility
or park owned or operated by a public entity as a "hazardous
recreational activity" provided the following conditions are met:
(a) The person skateboarding is 14 years of age or older,
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ATTACHMENT B
(b) The skateboarding that caused the injury was a stunt,
trick or luge skateboarding, and
(c) The skateboard park is on public property that
complies with the requirement that no person shall be
permitted to ride a skateboard within the park unless
that person is wearing a helmet, elbow pads and knee
pads.
Furthermore, with respect to any skateboard facility owned or
operated by a local public agency, where the Skateboard Facility is
designed and maintained for the purpose of recreational skateboard
use, and that is not supervised on a regular basis, the requirement
that no one shall be permitted to ride a skateboarding unless that
person is wearing a helmet, elbow pads and knee pads maybe satisfied
by (1) the local public agency adopting an ordinance requiring any
person riding a skateboard at the facility to wear a helmet, elbow
pads and knee pads, and (2) the posting of signs at the facility
affording reasonable notice that any person riding a skateboard in
the facility must wear a helmet, elbow pads and knee pads and that
any person failing to do so will be subject to citation under the
ordinance.
If all of the conditions regarding Government Code section 831.7 and
Health and Safety Code section 115800 are met, California law would
provide a limit to liability against the City of Chula Vista and its
employees in relation to the Skateboard Park Facility. Obviously, it
would be important the City follow such requirements in the
construction and use of this proposed facility.
You should also be aware that California law requires that local
public agencies maintain a record of all known and reported injuries
incurred by skateboarders in a public skateboard park facility. In
addition, public entities are required to provide copies of records
regarding such information along with other details of the incidents
and to file such records with the Judicial Council on an annual
basis. Finally, the current Health and Safety Code section 115800
will be repealed by its own provisions on January 1, 2003.
II .
LIABILITY LIMITATION FOR REASONABLY APPROVED PLAN OR DESIGN
As you are aware, potential liability may exist against a public
entity where it creates or, after notice, fails to remedy a dangerous
condition of public property. Government Code section 830.6 provides
that a public entity may claim immunity from liability for a
dangerous condition that is inherent in the officially approved plan
or design of construction of the public property. For such immunity
to be available, the defendant public entity must show (a) the
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ATTACHMENT B
plaintiff's injury was caused by an approved feature of the design,
(b) the design was approved by the authorized public body, and (c)
substantial evidence exists that the plan or design was reasonably
approved.
This immunity, commonly referred to as the "design immunity" would
not be available if the actual construction of the facility did not
adhere to the approved plan or design.
Consequently, construction of a reasonably designed facility such as
the facility proposed herein should substantially adhere to the
detailed approved plan or design by the City Council.
III.
LIABILITY RELEASE
California law provides that those persons who voluntarily engage or
assume risks that are known to them may be precluded from seeking to
impose liability against others if they should become injured as a
result of such risks. We are all aware that skateboarding involves
some risk of injury. Participants in the proposed Skateboard Park
Facility would be voluntarily choosing to skateboard at the City
facility in light of such known risks.
Public entities and other jurisdictions may require that persons
using their Skateboard Park Facilities sign a written agreement
expressing their voluntary assumption of such risks and thereby
releasing the public entity from liability. The use of such a limited
release of liability should be considered at this facility.
IV.
CONCLUSION
Although liability related to the construction, use and maintenance
of a proposed recreational facility can never be eliminated,
consideration of the above noted principals may greatly reduce any
potential for liability against the City. The City Attorney's office
in conjunction with Risk Management will be working diligently on any
procedures and policies related to this facility which would
encourage the safe recreational use as a Skateboard Park Facility and
limit any potential liability to the City.
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ATTACHMENT B
CHULA VISTA SKATE PARK
COST ESTIMATE
PRELIMINARY
COST
DESCRIPTION ESTIMATE
MOBILIZATION/MOVE-IN
Permits/Fees
Eauipment
Construction Preparation
Sub-Total $ 50,000.00
SITE PREPARATION
ClearinQ/GrubbinQ $ 1,500.00
Demolition $ 1,000.00
Earthwork - GradinQ $ 14,962.50
DrainaQe $ 8,000.00
Trenchina/Backfill $ 6,537.50
Sub-Total $ 32,000.00
SKATE PARK CONSTRUCTION
GradinQ $ 25,000.00
Drainage $ 16,363.00
Skate Park Constsruction $ 460,000.00
Sub-Total $ 501,363.00
BUILDING/STRUCTURE
Restrooms
Concession
Office
Storaç¡e
Check-in
Sub-Total $140,000
SITE IMPROVEMENTS
Plaza Area Hardscape $ 62,930.00
Entry Treatment Hardscape $ 32,600.00
Event & Perimeter Area Hardscape $ 119,307.00
Turnaround Renovation Hardscape $ 8,763.00
Sub-Total $ 223,600.00
Skate Park Estimate (10/01) -1 ATTACHMENT C
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SITE AMENITIES
Bleachers (2 sets\3-stack $ 10,000.00
Furniture/Receotacles $ 19,800.00
DrinkiñnFountains $ 3,000.00
Fencino/Gates (small chain link - 10' x 914') $ 45,700.00
Shade Structure $ 40,00000
Sub-Total $ 118,500.00
ELECTRICAL
Service/Underaround $ 32,000.00
SeGur¡¡;¡ Li<;¡'tina $ 12,500.00
Outlets $ 2,500.00
Skate Park C¡Cihtina $ 55,000.00
SecurltV §\Istem $ 3,000.00
Sub-Total $ 105,000.00
AlE FEES
Desion
Construction Documents
Consultants
Sub-total $ 100,000.00
TOTALS
Sub-total $1,270,463.00
10% Contingency $ 127,046.30
TOTAL $1,397,509.30
Bm & Girls Club Contribution (from aDo-roved CDBG fund 2000/2001) $ 212,500.00
CitY's Contribution (from Prooosition 12 Per Caoita Gran ) $1,185,009.30
$1,397,509.30
Skate Park Estimate (10/01) -2 ATTACHMENT C
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