HomeMy WebLinkAboutAgenda Packet 2002/02/26 CITY COUNCIL AGENDA
February 26, 2002 6:00 p.m.
Council Chambers
Public Services Building
276 Fourth Avenue, Chula Vista
CITY OF
CHUIA 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
The City Council meets regularly on the first calendar Tuesday at 4:00 p.m.
and on the second, third and fourth calendar Tuesdays at 6:00 p.m.
Regular meetings may be viewed at 7:00 p.m. on Wednesdays on
Cox Cable Channel 24 or Chula Vista Cable Channel 47
AGENDA
February 26, 2002 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
· RECOGNITION BY MAYOR HORTON OF CURT CLAUSEN, PHILIP DUNN, TIM
SEAMAN, SEAN ALBERT, AL HEPPNER, AND SUSAN ARMENTA, FROM THE
ARCO/U.S. OLYMPIC TRA1NING CENTER FOR THEIR OUTSTANDING
ACCOMPLISHMENTS AT THE NATIONAL 50 KILOMETER RACEWALK
CHAMPIONSHIPS
CONSENT CALENDAR
(Items 1 through 8)
The Council will enact the staff recommendations regarding the following items
listed under the Consent Calendar by one motion, without discussion, unless a
Councilmember, a member of the public, or City staff requests that an item be
removed for discussion. If you wish to speak on one of these items, please fill out
a "Request to Speak"form (available in the lobby) and submit it to the City Clerk
prior to the 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 February 19, 2002.
Staff recommendation: Council approve the minutes.
2. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING SECTIONS 14.20.010, 14.20.020, 14.20.030, 14.20.040, 14.20.100,
14.20.110, 14.20.120, 14.20.200, 14.20.220, 14.20.230, 14.20.310, 14.20.320, 14.20.340,
AND ADDiNG SECTIONS 14.20.160 AND 14.20.170 TO THE CHULA VISTA
MUNICIPAL CODE, ALL UNDER CHAPTER 14.20, RELATiNG TO STORM
WATER MANAGEMENT AND DISCHARGE CONTROL (SECOND READING
AND ADOPTION)
The City's National Pollutant Discharge Elimination System (NPDES) municipal permit,
issued by the state, requires the City to review and update its storm water, grading, and
other relevant ordinances as necessary to ensure compliance with the permit's conditions.
Staff determined that the City's existing ordinances meet those requirements, however,
the adoption of certain amendments would be helpful to clearly define all issues and
prevent possible ambiguities. This ordinance had its first reading on February 19, 2002
(Director of Public Works)
Staff recommendation: Council place the ordinance on second reading for adoption.
3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZiNG THE CITY ENGINEER TO ISSUE ENCROACHMENT PERMIT NO.
PE-513 FOR THE iNSTALLATION OF PRIVATE CABLE AND TELEPHONE
UTILITIES WITHIN A 15-FOOT PUBLIC SEWER EASEMENT, GRANTED ON
PARCEL MAP NO. 18798, ROGAN HILLS SUBDIVISION
Rogan Road, LLC, the developer of four single-family dwellings off of Rogan Road, is
proposing to install private cable and telephone utilities within a 15-foot public sewer
easement granted on Parcel Map No. 18798. Rogan Road, LLC is requesting a permit to
allow for this encroachment. According to Chapter 12.28 of the Municipal Code, this
request must be approved by the City Council. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTiNG BIDS AND AWARDiNG CONTRACT FOR THE CORRUGATED
METAL PIPE REHABILITATION AT VARIOUS LOCATIONS IN THE CITY
(PROJECT DR-155), TO MOCON CORPORATION AND CAT CONTRACTING, A
JOiNT VENTURE, IN THE AMOUNT OF $256,345, AUTHORIZING STAFF TO
iNCREASE THE VALUE OF THE CONTRACT TO EXPEND ALL AVAILABLE
FUNDS FOR THIS PROJECT, TRANSFERRING $91,500 TO PROJECT ST-981, AND
AUTHORIZiNG STAFF TO TRANSFER ANY FUNDS REMAINING iN THIS
PROJECT AT THE TIME OF ITS COMPLETION TO PROJECT ST-981
The Director of Public Works received sealed bids for this project on January 29, 2002.
These old corrugated metal pipes are deteriorating and in need of rehabilitation, either by
replacement or by lining. Funds for this project came from Assembly Bill 2928 - Traffic
Relief Congestion Allocation. It is one of three projects utilizing the $1,242,511.31 that
the City received from the state on October 13, 2000, and must be spent by June 30,
2002. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
5 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
TRANSFERRING $270,000 IN APPROPRIATIONS FROM THE LOMA VERDE
POOL RENOVATION PROJECT TO THE CHULA VISTA ANIMAL CARE
FACILITY AT 130 BEYER WAY PROJECT (4/5THS VOTE REQUIRED)
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING AND APPROPRIATiNG A DONATION FROM AN ANONYMOUS
DONOR OF $25,000 TO SUPPORT THE MEDICAL CENTER AT THE NEW
ANIMAL CARE FACILITY (4/5THS VOTE REQUIRED)
The animal shelter is being relocated from Main Street, east of 1-805, to the intersection
of Beyer Way and Fourth Avenue. The contractor is scheduled to be substantially
complete on March 8, 2002, with move-in anticipated for the first week of April 2002.
Additional funds of $270,000 are needed to complete the project. The animal care
facility also received $25,000 from an anonymous donor, specifically designated for the
new shelter's medical center. (Director of Building and Park Construction/Chief of
Police)
Staff recommendation: Council adopt the resolutions.
Page 2 - Council Agenda 02/26/02
6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A THREE-PARTY AGREEMENT BETWEEN THE CITY OF CHULA
VISTA, RECON (CONSULTANT), AND OTAY PROJECT, L.P. (APPLICANT), FOR
CONSULTING SERVICES RELATED TO THE PREPARATION OF AN
ENVIRONMENTAL IMPACT REPORT FOR THE OTAY RANCH VILLAGE TWO
SECTIONAL PLANNING AREA PLAN AND TENTATIVE TRACT MAP, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
Otay Project, L.P. has filed a Sectional Planning Area (SPA) plan application for Otay
Ranch Village Two. The proposed Village Two SPA Plan proposes development of
2,138 dwelling units on approximately 726 acres. Two hundred and seventy-eight acres
would be developed with non-residential uses including: community purpose facilities,
commercial uses, schools, a public park, fire station, circulation, and open space uses.
The Environmental Review Coordinator has determined that the proposed project
requires the preparation of an Environmental Impact Report. Staff recommends that the
City Council approve the proposed contract with RECON for an amount not to exceed
$218,458, to provide consultant services for the preparation of the CEQA-required
environmental documents for the proposed project. (Director of Planning and Building)
Staff recommendation: Council adopt the resolution.
7A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FINAL MAP FOR SAN MIGUEL RANCH PLANNING AREA
"H", CHULA VISTA TRACT NO. 99-04. ACCEPTING ON BEHALF OF THE CITY
OF CHULA VISTA, THE VARIOUS EASEMENTS, ALL AS GRANTED ON SAID
MAP, WITH1N SAID SUBDIVISION; APPROVING THE SUBDIVISION
IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS
REQUIRED BY SAiD SUBDIVISION, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FINAL MAP SUPPLEMENTAL SUBDIVISION IMPROVEMENT
AGREEMENT FOR SAN MIGUEL RANCH PLANNING AREA "H", CHULA VISTA
TRACT NO. 99-04, REQUiRiNG DEVELOPER TO COMPLY WITH CERTAIN
UNFULFILLED CONDITIONS OF RESOLUTION NO. 2000-068, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT
FOR SAN MIGUEL RANCH NEIGHBORHOOD "H", ESTABLISHING SPECIFIC
OBLIGATIONS AND RESPONSIBILITIES FOR MAINTENANCE OF PRIVATE
LANDSCAPING WITHIN PUBLIC RIGHT-OF-WAY AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
Adoption of the resolutions approves 131 single-family detached residential lots for Shea
Homes' Neighborhood "H", within Phase 1 of San Miguel Ranch. The tentative
subdivision map for Chula Vista tract 99-04, San Miguel Ranch, was approved on
February 29, 2000. The "A" map no. 1 for San Miguel Ranch, phases 1, 2 & 4 was
approved by Council on August 7, 2001. This is the first "B" map for San Miguel
Ranch.. The City has established a traffic enhancement program to deal with traffic
issues and reduce future congestion. (Director of Public Works)
Staff recommendation: Council adopt the resolutions.
Page 3 - Council Agenda 02/26/02
8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMEND1NG THE FISCAL YEAR 2001/2002 BUDGET BY APPROPRIATING
$23,145 FROM UNAPPROPRIATED BALANCE OF TWO FUNDS FOR THE
REPLACEMENT OF MALFUNCTIONING IRRIGATION SPRINKLERS ALONG
TELEGRAPH CANYON ROAD'S SCENIC CORRIDOR, TO COMPLY WITH THE
COUNTY HEALTH DEPARTMENT REGULATIONS FOR US1NG RECLAIMED
WATER (4/5THS VOTE REQUIRED)
Otay Water District recently completed the installation of a new sixteen-inch reclaimed
water line in December of 2001, along the Telegraph Canyon Road scenic corridor. The
reclaimed water line will supply the irrigation water for public landscape areas such as
parks, landscaped open space areas, golf courses, etc. The City's policy is to convert to
reclaimed water for public landscape areas whenever it is available, to preserve potable
water. The condition of the existing irrigation system along Telegraph Canyon Road
does not comply with the County of San Diego Health Department regulations for the use
of reclaimed water. (Director of Public Works)
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 taMng 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.
9. CONSIDERATION OF FORMING ASSESSMENT DISTRICT 2001-3 (D STREET)
Four property owners on the north side of the 300 block of D Street have missing
sidewalk improvements, and have petitioned the City to commence special district
proceedings for financing the construction of these improvements. On December 11,
2001, Council accepted the petition, approved the proposed boundary map and
preliminary Assessment Engineer's Report, set a public hearing and ordered the initiation
of ballot proceedings. The public heating was originally scheduled for February 5, 2002~
then rescheduled for this date. (Director of Public Works)
Staff reconnnendation: Council conduct the public heating and adopt the following
resolution:
Page 4 - Council Agenda 02/26/02
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DECLARING THE RESULTS OF THE ASSESSMENT BALLOT
TABULATION AND MAKING FINDiNGS PURSUANT TO CHAPTER 27 OF
THE IMPROVEMENT ACT OF 1911, AND ARTICLE XIIID OF THE
CONSTITUTION OF THE STATE OF CALIFORNIA iN ASSESSMENT
DISTRICT NO. 2001-3 ("D" STREET)
10. CONSIDERATION OF THE ASSESSMENT OF CERTAIN DELINQUENT SOLID
WASTE SERVICE CHARGES AS LIENS UPON THE RESPECTIVE PARCELS OF
LAND, AND PLACEMENT OF DELINQUENT CHARGES ON THE NEXT
REGULAR TAX BILL FOR COLLECTION
Chula Vista Municipal Code Section 8.24.180 allows delinquent solid waste service
charges to be assessed as liens upon the affected properties and ultimately placed on the
property tax bills for collection. (Assistant City Manager Powell)
Staff recommendation: Council conduct the public heating and adopt the following
resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ASSESSING DELINQUENT SOLID WASTE SERVICE CHARGES AS LIENS
UPON THE RESPECTIVE PARCELS OF LAND, AND APPROVING
PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR
TAX BILL
11. CONSIDERATION OF A TENTATIVE SUBDIVISION MAP FOR A PORTION OF
VILLAGE SIX OF OTAY RANCH (PCS 02-03) (APPLICANT: BROOKFIELD SHEA
OTAY, PARTICIPANT: CATHOLIC DIOCESE)
McMillin Otay Ranch has applied for approval of a tentative subdivision map to
subdivide 215.2 acres of Village Six in the Otay Ranch. The tentative map proposes
subdividing McMillin's portion of Village Six into 482 single-family lots on 114.7 acres,
one 12.1-acre multi-family lot with 212 units, a 32.5-acre lot for a private high school and
an 11.5-acre lot for a community propose facility (CPF). The Catholic Diocese of San
Diego owns the private high school and CPF lots and is a participant in the tentative map.
The conceptual tentative map for the project was considered and evaluated in the Final
Second Tier Environmental Impact Report (Final EIR 98-01) for the Otay Ranch Village
Six SPA plan and conceptual tentative maps. The Environmental Review Coordinator
has reviewed the proposed tentative subdivision map, PCS-02-03, and determined that
the project would not result in any new environmental impacts that were not previously
identified in Final EIR 98-01, nor would the project result in a substantial increase in the
severity m any enviromnental effects not previously identified in Final EIR 98-01.
(Director of Planning and Building)
Staff recommendation: Council conduct the public hearing and adopt the following
resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROViNG A TENTATIVE SUBDIVISION MAP FOR A PORTION OF
VILLAGE SIX OF THE OTAY RANCH, VILLAGE SIX SECTIONAL
PLANNING AREA PLAN, CHULA VISTA TRACT 02-03
Page 5 - Council Agenda 02/26/02
BOARD AND COMMISSION RECOMMENDATION
12. PRESENTATION BY THE HUMAN RELATIONS COMMISSION OF PROPOSED
CIVIC AWARD PROGRAM
The commission wants to promote a new quarterly award called the "Chula Vista Civic
Award of Recognition". The intention of the program is to recognize individuals and
organizations that dedicate and contribute their time and/or resources to the community.
(Human Relations Commission)
Staff recommendation: Council refer this item to staff.
ITEMS PULLED FROM TIlE CONSENT CALENDAR
OTHER BUSINESS
13. CITY MANAGER'S REPORTS
A. Scheduling of meetings.
14. MAYOR'S REPORTS
A. Ratification of appointment to the Resource Conservation Commission - Stanley
Jasek.
15. COUNCIL COMMENTS
ADJOURNMENT to a Regular Meeting of March 5, 2002, at 4:00 p.m. in the Council
Chambers.
Page 6 - Council Agenda 02/26/02
ORDINANCE NO. ~,O~
ORDINANCE OF THE CITY OF CHULA VISTA AM.~.~lt~)~it~' SECTIONS
14.20.010, 14.20.020, 14.20.030, 14.20.040...<.~1~.'?~0-..100, 14.20.110,
14.20.120, 14.20.200, 14.20.220, 14.2_~,~'~"'~1~4.20.310, 14.20.320,
14.20.340 OF THE CHULA VISTA _~:I~iPAL CODE AND ADDING
SECTIONS 14.20.160 AND 14.20."170 TO THE CHULA VISTA
MUNICIPAL CODE, ALL UNDER CHAPTER 14.20 RELATING TO
"STORM WATER MANAGEMENT AND DISCHARGE CONTROL".
WHEREAS, the Federal Water Pollution Control Act (Clean Water Act, 33 USCA
Section 1251 et seq.) as implemented by the United States Environmental Protection
Agency regulations, make necessary the adoption of plans and programs for storm
water management; and,
WHEREAS, Section 402 (p) of the Clean Water Act requires that all large-sized
(population 250,000 and greater) and medium-sized (population of 100,000 to 249,999)
incorporated municipalities must:
(a) Effectively prohibit non-storm water discharges into the storm water
conveyance system; and,
(b) Establish controls to reduce the discharge of pollutants from storm water
conveyance systems to waters of the United States to the maximum
extent practicable; and,
WHEREAS, the State of California Porter-Cologne Water Quality Control Act
requires that there be a statewide program for control of the quality of the waters of the
State and, further, requires that activities and factors which may affect the quality of the
waters of the State be regulated in order to attain the highest reasonable water quality
standard; and,
WHEREAS, the United States Environmental Protection Agency regulations
require permits for discharges from municipal storm water conveyance systems on a
system-wide or jurisdiction-wide basis; and,
WHEREAS, the California State Water Resources Control Board and the
Regional Water Quality Control Board, San Diego Region, have determined that, in
order to protect the waters of the United States, all jurisdictions within San Diego
County, regardless of population, are tributary to a regional storm water conveyance
system that serves an urbanized population greater than 250,000 and, therefore, must
comply with the federal regulations for large-sized municipalities; and,
... WHEREAS, the City of Chula Vista seeks to comply with all provisions of state
~',and,fc~deral law; and,
WHE~I~_A,S,, on February 21, 2001 the California Regional Water Quality Control
Board, San Bie¢ .Rce~ion issued Order Number 2001-01 (NPDES Permit No. CAS
0108758) which re~l~,~.d O. rder No 90-42 and regu ates storm water d scharges by the
City of Chula Vista and tl~"lT~other municipalities of San Diego County, as well as the
San Diego Unified Port District and the County of San Diego, collectively referred to as
the Copermittees; and
WHEREAS, Order Number 2001-01 requires the Copermittees to review and
upgrade, if necessary, their storm water, grading, and other relevant ordinances and
regulations as necessary to comply with the more detailed requirements of the new
permit; and,
WHEREAS, The Environmental Review Coordinator has determined that
adoption of the Storm Water Management and Discharge Control Ordinance
Amendment is exempt for the California Environmental Quality Act pursuant to Section
15307, Class 7 (Actions by Regulatory Agencies for Protection of Natural Resources).
No further environmental review is necessary; and,
WHEREAS, City staff reviewed Chapter 14.20 and other pertinent ordinances of
the City of Chula Vista Municipal Code to ensure that the City's legal authority to control
pollutant discharges from various land uses within the City are adequately defined, and
meet all the requirements of Order No. 2001-01; and
WHEREAS, City staff determined that although the existing ordinances
adequately provided legal authority to implement Order 2001-01's requirements, certain
amendments would be helpful to cleady define all issues contained the Order, and
prevent possible ambiguities.
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain:
SECTION I. That Section 14.20.010 of the Chula Vista Municipal Code is
amended to read:
14.20o10 P,.~r~ose and i~te~t
The purpose of this chapter is to promote the health, safety,
and general welfare of the citizens of the city of Chula Vista by:
A. Prohibiting non-storm water discharges to the storm water
conveyance system.
B. Preventing discharges to the storm water conveyance
system from spills, dumping or disposal of materials other
than storm water,
C. Reducing pollutants in storm water discharges, including
those pollutants taken up by storm water as it flows over
urban areas ("urban runoff"), to the maximum extent
practicable.
D. Reducing pollutants in storm water discharges in order to
achieve applicable water quality objectives for surface
waters in San Diego County.
The intent of this chapter is to protect and enhance the water
quality of our watercourses, water bodies, and wetlands in a
manner pursuant to and consistent with the Clean Water Act (33
USCA Section 1251, et seq.) and its implementing regulations, the
Porter-Cologne Water Quality Control Act (California Water Code
Section 13020, et seq.) and its implementing regulations, and the
San Diego Regional Water Quality Control Board Order-Ne~9~-42
(NPDES Permit No. CA_S 0108758) and any subsequent
amendments thereto. (Ord. 2597 § 11, 1994).
SECTION II. That Section 14.20.020 of the Chula Vista Municipal Code is
amended to read:
14.20.020 Scope.
This chapter shall be interpreted in accordance with the
definitions set forth herein and the provisions of this chapter shall
apply to the direct or indirect discharge of pollutants into the city's
storm water conveyance system.
Further, this chapter shall be interpreted in accordance with
the requirements of the federal Clean Water Act and acts
amendatory thereof or supplementary thereto: applicable
implementing regulations; Orde¢ No~ §0~42-N~S_Perm_it No~ CAS
0tu~/'56 and any amendment, revision, or re-issuance thereof; and
the purposes and intent of this chapter.
This chapter, among other things, provides for the prohibition
of non-storm water discharges to the storm water conveyance
system, the prohibition of i!!icit illeqal connections to the storm
water conveyance system, the requirement that all persons reduce
the volume and character of pollutants related to urban activity
entering the storm water conveyance system to the maximum
extent practicable, and the establishment of enforcement
mechanisms for violation of this chapter, including civil and criminal
fines and penalties. (Ord. 2597 § 11, 1994).
SECTION III. That Section 14.20.030 of the Chula Vista Municipal Code is
amended to read:
14.20.030 Definitions,
When used in this chapter, the following terms shall have the
meanings ascribed to them in this section:
A. "Basin plan" shall mean the "Comprehensive Water Quality
Control Plan for the San Diego Basin" adopted by the
Regional Water Quality Control Board, San Diego Region
(Ju!y !975September 1994), and approved by the State
Water Resources Control Board, together with subsequent
amendments.
B. "Best management practices (BMPs)" shall mean schedules
of activities, prohibitions of practices, general good
housekeeping practices, pollution, prevention and
educational practices, maintenance procedures, and other
management practices to prevent or reduce, to the
maximum extent practicable, the discharge of pollutants
directly or indirectly to waters of the United States. BMPs
also include treatment requirements, operating procedures,
and practices to control plant site runoff, spillage or leaks,
sludge or waste disposal, or drainage from raw materials
storage.
C. "Building permit" shall mean a permit issued by the building
official pursuant to Chapter 15.20 CVMC.
D. "California ocean plan" shall mean the "California Ocean
Plan: Water Ouality Control Plan for Ocean Waters of
California" adopted by the State Water Resources Control
Board in Se~July 1997_, and any subsequent
amendments.
E. "Clean Water Act" shall mean the federal Water Pollution
Control Act enacted by Public Law 92-500, as amended by
Public Laws 95-217, 95-576, 96-483, and 95~117 (33 USCA
Section 1251, et seq.), and any subsequent amendments.
F. "County health officer" shall mean the health officer of the
county of San Diego department of public health or
designee.
G. "Development" shall mean:
1. The placement or erection of any solid material or
structure on land, in water, or under water;
2. The discharge or disposal of any dredged material or
of any gaseous, liquid, solid, or thermal waste;
3. The grading, removing, dredging, mining, or
extraction of any materials;
4. A change in the density or intensity of the use of land,
including, but not limited to, a subdivision pursuant to
the Subdivision Map Act (Government Code Section
66410, et seq.) and any other division of land, except
where the division of land is brought about in
connection with the purchase of such land by a public
agency for public recreational use;
5. A change in the intensity of the use of water, or of
access thereto;
6. The construction, reconstruction, demolition, or
alteration of the size of any structure, including any
facility of any private, public, or municipal entity; and
7. The removal or harvesting of major vegetation other
than for agricultural purposes.
As used in this definition, "structure" includes, but is not
limited to, any building, road, pipe, flume, conduit, siphon,
aqueduct, telephone line, and electrical power transmission
an¢! distribution lit, Cz ($(:}L~FCO: Government Co(~e Soctio~
65927).
H. "Employee training program" shall mean a documented
employee training program for all persons responsible for
implementing a storm water pollution prevention plan. The
employee training program shall include, but is not limited to,
the following topics:
1. Laws, regulations, and local ordinances associated
with storm water pollution prevention, and an
overview of the potential impacts of polluted storm
water on the receiving waters of the San Diego
region;
2. Proper handling of all materials and wastes to prevent
spillage;
3. Mitigation of spills including spill response,
containment and cleanup procedures;
4. Visual monitoring of all effluent streams to ensure that
no illegal discharges enter the storm water
conveyance system;
5. Discussion of the differences between the storm
water conveyance system and the sanitary sewer
system;
6. Identification of all on-site connections to the storm
water conveyance system;
7. Preventive maintenance and good housekeeping
procedures;
8. Material management practices employed by the
facility to reduce or eliminate pollutant contact with
storm water discharge.
"Enclosed Bays and Estuaries Plan" means the "California
Enclosed Bays and Estuaries Plan: Water Quality Control
Plan for Enclosed Bays and Estuaries of California," adopted
by the State Water Resources Control Board April 1991, and
all subsequent amendments.
IJ. "Enforcement agency" shall mean the city of Chula Vista or
its ~uthorized agents, charged with r-;nsurinc~ co~,
this chapter.
JK. "Enforcement official" shall mean the director of public works
or his or her designee.
K_L "Hazardous materials" shall mean any substance or mixture
of substances which is toxic, corrosive, flammable, an
irritant, a strong sensitizer, or generates pressure through
decomposition, heat or other means, if such a substance or
mixture of substances may cause substantial injury, serious
illness or harm to humans, domestic livestock, or wildlife.
_ , ...... Illegal connection" shall mean any
ur, dccume,-,ted physical connection to the storm water
conveyance system which has not been ........
-r-~- .....permitted
by the city of Chula Vista or the San Diego Regional Water
QuailW Control Board, or which drains illegal discharges
either directly or indirectly into the storm water conveyance
system.
"Illegal discharge" shall mean any
~ discharge to the storm water conveyance system
that is not composed entirely of storm water, or is expressly
prohibited by federal, state, or local regulations, laws, codes,
or ordinances, NPDES Permit No. CAS 0108758, or
degrades the quality of receiving waters in violation of
~,~,,~' .... ~, ~!ifor~ ~ any Plan Water
Quality Obiective,
"Inland Su¢a~ Water Plan" means the California Inland
Sudace Waters Plan: Water Quality Control Plan for Inland
Su~ace Waters of California adopted by the State Water
Resources Control Board on April 1991, and all amendments
thereto.
"Land development permit" shall mean a permit issued by
the director of public works pursuant to Chapter 15.04
CVMC.
QQ._ "Maximum extent practicable (MEP)" ~,,~,,"k~"
~ t~¢knnl~ni*~lk, ¢~oikl~ ~k~ mean the technoloqy-based
section 402(p)(3)(B)(iii) that municipal discharqers of Storm
Water discharqers must meet. MEP ~enerallv emphasize~
pollution prevention and source control BMPs primarily in
combination with trea~ent methods se~inq as a backup.
"National Pollution Discharge Elimination System (NPDES)
permit" shall mean a permit issued by the Regional Water
Quality Control Board or the State Water Resources Control
Board, pursuant to Chapter 5.5, Division 7 of the California
Water Code, to control discharges from point sources to
waters of the United States, including, but not limited to:
1. California Regional Water Quality Control Board, San
Diego Region, ~e~42~NPDES No. CAS
0108758), NPDES municipal permit Waste
discharge Requirements for storm water and urban
runoff from the county of San Diego, the incorporated
cities of San Diego County, and the San Diego
Unified Port District;
2. NPDES general permit for storm water discharges
associated with industrial activities;
3. NPDES general permit for storm water discharges
associated with construction activity; and
4. California Regional Water Quality Control Board, San
Diego Region, general dewatering permits
Nos. 9! !0 and 90-31).
QS_. "NPDES general permit" shall mean a permit issued by the
State Water Resources Control Board, including, but not
limited to:
1. NPDES general permit for storm water discharges
associated with industrial activities; and
2. NPDES general permit for storm water discharges
associated with construction activity.
R_T. "Non-storm water" shall mean any water conveyed to the
storm water conveyance system that is not entirely
composed of storm water (also see definition of "'storm
water").
te~with =!! .... -~"*'--*o ,,-,~ .,hi..~, ~o ,.,, fl.'lC ;n the
:FU. "Parking lot" shall mean an open area, other than a street or
other public way, used for the parking of motorized vehicles,
whether for a fee or free, to accommodate clients or
customers, or to accommodate residents of multifamily
dwellings (i.e., apartments, condominiums, townhomes,
mobile homes, dormitories, group quarters, etc.).
U_V. "Person" shall mean any individual, organization, business
trust, company, partnership, entity, firm, association,
corporation, or public agency, including the state of
California and the United States of America.
W__ "Plan Water Quality Objective" means any or all applicable
requirements of the Basin Plan, the Enclosed Bays and
Estuaries Plan, the Inland Surface Water Plan, and the
California Ocean Plan.
¥_X. "Pollutant" may include, but is not limited to, solid waste,
sewage, garbage, medical waste, wrecked or discarded
equipment, radioactive materials, dredged soil, rock, sand,
sediment, industrial waste, and any organic or inorganic
contaminant whose presence degrades the quality of the
receiving waters in violation of basin plan or California ocean
plan standards. "Pollutant" includes, but is not limited to,
fecal coliform, fecal streptococcus, enterococcus, volatile
organic carbon (VOC), surfactants, oil and grease,
petroleum hydrocarbons, total organic carbon (TOC), lead,
copper, chromium, cadmium, silver, nickel, zinc, cyanides,
phenols, and biocides.
A "pollutant" also includes any substance defined as a
pollutant under 40 CFR Section 122.2 and any contaminant
which degrades the quality of the receiving waters in
violation of basin plan or California ocean plan standards by
altering any of the following parameters: pH, total suspended
and settleable solids, biochemical oxygen demand (BOD),
chemical oxygen demand (COD), nutrients, and
temperatu re.
W'~'_. "Premises" shall mean any building, lot, parcel, real estate,
land, or portion of land, ~^ hether improvec! or urfimproved
7,7. "Receiving waters" shall mean surface bodies of water, as
described in Order-No. 90 d2NPDES Permit No. CAS
0108758, which serve as discharge points for the storm
water conveyance system, including creeks, rivers,
reservoirs, lakes, lagoons, estuaries, harbors, bays, and the
Pacific Ocean.
YAA. "Significant quantities" shall mean the volume,
concentrations, or mass of a pollutant in a discharge that can
cause or threaten to cause potlufion, contamination, or
nuisance; or adversely impact human health or the
environment; or cause or contribute to a violation of any
water quality standards applicable to the receiving water.
Z:BB. "Storm water" shall mean
...... o urban runoff and snow
melt runoff ~,",d '~""~ ......... ;.~,...~ ,.,;~. 6,..
....... . .................... ,'Tn consistinq of
only those discharges which ori,qinate from precipitation
events. Storm water is that portion of precipitation that flows
across a surface to the storm water conveyance system or
receiving waters. ~"'~ o ....... ~* "-;"- to -*"'-+ ,.,~+~'
area~, '~,--~,-,,~*,,-.., ....... .~/,~...,~. ....... - h the
""*~";*"/~' ..... defin!t!en for "ncn "* .......
For the purposes of this chapter, storm water runoff and
drainage from areas that are in a natural state, have not
been significantly disturbed or altered, either directly or
indirectly, as a result of human activity, and the character
and type of pollutants naturally appearing in the runoff that
have not been significantly altered, either directly or
indirectly, as a result of human activity, shall be considered
"unpolluted" and shall satisfy the definition of "storm water"
in this chapter,
AAOC."Storm water conveyance system" includes, but '~
t~ means those municipal, private and/or natural facilities
within the city of Chula Vista by which storm water may be
conveyed to waters of the United States, including any roads
with drainage systems, municipal streets, catch basins, and
watercourses.
l~l~DD."Storm water pollution prevention plan" shall mean a
document which describes the on-site program activities to
eliminate or reduce pollutant discharges to the storm water
conveyance system to the maximum extent practicable.
A storm water pollution prevention plan prepared and
implemented pursuant to any NPDES permit shall meet the
definition of a "storm water pollution prevention plan" for the
purposes of this chapter.
10
C:,GE~E."Watercourse" shall mean any natural or artificial stream,
river, creek, ditch, channel, canal, conduit, culvert, drain,
waterway, gully, ravine, arroyo or wash in which waters flow
in a definite direction or course, either continuously or
intermittently, and which has a definite channel and a bed or
banks. A "channel" is not limited to land covered by minimal
or ordinary flow but also includes land covered during times
of high water. '~/Vatercourse" does not include any surface
drainage prior to its collection in a stream, dyer, creek, ditch,
channel, canal, conduit, culvert, drain, waterway, gully,
ravine, arroyo or wash.
DDF~F."Watercourse permit" shall mean a permit issued by the
director of public works pursuant to Chapter 14.08 CVMC.
E~-GG."Wetlands" shall mean areas that are inundated or saturated
by surface or ground waters at a frequency and duration
sufficient to suppod, and that under normal circumstances
do suppod, a prevalence of vegetation typically adapted for
life in saturated soil conditions. "Wetlands" generally
includes swamps, marshes, bogs, and similar areas. (Ord.
2790,1999; Ord. 2597 § 11, 1994).
SECTION IV. That Section 14.20.040 of the Chula Vista Municipal Code is
amended to read:
t4.20.040 Administration.
The enfomement official shall administer, implement, and
enforce the provisions of this chapter. Any powers granted to, or
duties imposed upon, the enforcement official may be delegated by
the enforcement official to persons in the employ of the city, or
pursuant to contract.
When deemed necessary by the enfomement official, the
enforcement official shall prepare and present to the city council for
approval regulations and p~ograms consistent with the general
policies established herein by tile city council. The enforcement
official shall enforce council-approved regulations and programs
necessary to the administration of this chapter, and may
recommend that the council amend such regulations and programs
from time to time as conditions require. (Ord. 2597 § 11, 1994).
SECTION V. That Section 14.20.100 of the Chula Vista Municipal Code is
amended to read:
14.20.100 Discharge of non-storm water prohibited·
A~ It is unlawful for any person to discharge non-storm water
into the storm water conveyance system, except as provided
in CVMC 14.20.110. (Ord. 2597 § 11, 1994).
It is unlawful for any person to cause either individually or
iointly any discharge into or from the Storm Water
Conveyance System that results in or contributes to a
violation of any NPDES permit. Liability for any damage,
abatement costs, or fines against the permit holder caused
_by such discharqe shall be the responsibility of the person(sT
causinq or responsible for the discharge.
SECTIONVI. That Section 14.20.110 of the Chula Vista Municipal Code is
amended to read:
14.20.110 Exemptions to discharge prohibition.
The following discharges are exempt from the prohibition set
forth in CVMC 14.20.100; provided, that they do not cause or
v,~,o~""~;"~"*~",,,,~,,,,~ contribute to violations of the water quality standards
set fod. h in any Plan Water Quality Obiective the ba~
...... ~, ..... or convey significant quantities of pollutants
to receiving waters, or are a danger to public health and safety:
A. Any discharge or connection regulated under a NPDES
permit issued to the discharger and administered by the
state of California pursuant to Chapter 5.5, Division 7 of the
California Water Code; provided, that the discharger is in
compliance with all requirements or the permit and other
applicable laws~ and regulations, and programs.
· ~,ct, ~t~e. not be
B Discharges from ~he following o , "~ will
considered a source of pollutants to waters of the United
States:
1. Discharges composed entirely of storm water;
2. Water line flushing and other discharges from potable
water sources;
3, Landscape irrigation and lawn watering;
4, Irrigation water;
5. Diverted stream flows;
'~- 6. Rising ground waters;
7. Uncontaminated Ggroundwater infiltration to the
storm water conveyance system;
8. Uncontaminated pumped ground water not subject to
any applicable NPDES or State Water Resources
Control Board permit;
9. Passive foundation and footing drains (not including
active groundwater dewatedng systems);
10. Water from crawl space pumps;
11. Air conditioning condensation;
12. Springs;
13. No,qcommemia4--tndividual residential washing of
vehicles;
14. Flows from riparian habitats and wetlands;
15. De-chlorinated swimming pool discharges;
16. Flows from fire fighting activities;
17. Street wash waters related to cleaning and
maintenance by the city of Chula Vista or its
contractor for said services;
Califemia-Hea~h and Safety Code Section 25! 17.
C. Any discharge which the enforcement agency, the county
health officer, and/eF the Regional Water Quality Control
Board, and/or the U.S. Environmental Protection Agency
determines in writing is necessary for the protection of the
public health and safety. (Ord. 2597 § 11, 1994).
13
SECTION VII. That Section 14.20.120 of the Chula Vista Municipal Code is
amended to read:
14.20.120 Reduction of pollutants contacting or entering
storm water required.
1. Commercial a~ lndustri~ B~i~s~R~a[~
................. ~--~f~ .........
~:; Courd~na~ion va~ Hazardous Ma[arMs
. I BMP~, to ....... * the
~ u ...... BMPs
tho
~ ..........
..... - ~ard
Any person enraged in activities, which may result in
~,~?i~r%¢?nf~d~. ~he Storm Water Convayanca Svstam~hal~, ~o
fhe maximum exien[ prac[ical, unde~ake all measures [o reduc~
the risk of illegal discharges The following requirements shall
apply:
A. Best Management Practices Implementation. It is unla~ul
for any person not to comply with BMPs and pollution control
requirements established by the ci~ or other responsible
agency to eliminate or reduce pollutants entering the city's
15
storm water conveyance system. BMPs shall be complied
with throuqhout the life of the activity.
B. Storm Water Pollution Prevention Plan. When the
enforcement official determines that a business or business-
related activity causes or may cause an illegal dischar,qe to
the storm water conveyance system, then the enforcement
official may require the business to develop and implement a
storm water pollution prevention plan (SWPPP}. Businesses
which may be required to prepare and implement a SWPPP
include, but are not limited to, those which perform
_maintenance, storage, manufacturing, assembly, equipment
operations, vehicle loading, and/or cleanup activities partially
or wholly out of doors.
C Coordination with Hazardous Materials Response Plans and
Inventory. Any activity subiect to the hazardous materials
inventory and response program, pursuant to Chapter 6.95
of the California Health and Safety Code, shall include
provisions for compliance with this chapter in its hazardous
materials response plan, including prohibitions of unlawful
non-storm water discharqes and illegal discharges, and
provisions requiring the use of BMPs to reduce the
discharqe of pollutants in storm water.
..... DImpervious Surfaces. Persons owning or operating a
parking lot or an impervious surface (including, but not
limited to, service station pavements or paved private streets
and roads) used for automobile-related or similar purposes
shall clean those surfaces as frequently and as thoroughly
as is necessary, in accordance with BMPs, to prevent the
discharge of pollutants to the city's storm water conveyance
system. Sweepings or cleaning residue from parking lots or
impervious surfaces shall not be swept or otherwise made or
allowed to go into any storm water conveyance, gutter, or
roadway, but must be disposed of in accordance with
regional solid waste procedures and practices.
Compliance with NPDES Permit for Storm Water
Dischar.qes. Each discharfler, subject to any NPDES permit
for storm water discharqes shall comply with all
requirements of such permit.
SECTION VIII. That Section 14.20.160 is hereby added to Chapter 14.20 of the
Chula Vista Municipal Code to read as follows:
14.20.160 Ille,qal Connection Prohibited.
It is unla~vful for any person to establish, use, or maintain
any illegal connection to the Storm Water Conveyance System,
regardless of whether such connection was made under a permit or
other authorization or whether permissible under the law or
practices applicable or prevailin.q at the time of the connection,
except as authorized in CVMC section 14.20.110 A,
SECTION IX. That Section 14.20.170 is hereby added to Chapter 14.20 of the
Chula Vista Municipal Code to read as follows:
14.20.170 Proof of Compliance Required.
Proof of compliance with this chapter may be required in a
form acceptable to the city prior to or as a condition of a subdivision
map, site plan, development improvement plan, buildin,q permit,
grading permit or any other permit or activity which may effect the
storm water conveyance system and/or the waters enterinq it.
Proof of compliance shall be furnished upon request of the
enforcement official.
SECTION X, That Section 14.20.200 of the Chula Vista Municipal Code is
amended to read:
14.20.200 Inspection and sampling - General.
A. After obtaining legal entry to any premises in accordance
with CVMC 1.16.010 or by consent, the representative of the
enforcement agency shall have the right to:
1. Carry out any inspection and sampling activities on
the premises as may be necessary to enforce the
provisions and requirements of this chapter. Upon
request, split samples shall be given to the owner
and/or occupant of the premises.
2. Inspect any vehicle on the premises reasonably
suspected of causing, contributing to, or being used to
transport an illegal discharge to the storm water
conveyance system.
3. Conduct tests, analyses and evaluations to determine
if a discharge of storm water is an illegal discharge or
to determine if the requirements of this chapter have
been met.
4. Photograph any effluent stream, material or waste,
material or waste container, container label, vehicle,
waste treatment process, waste disposal site, or
condition contributing to storm water pollution and
constituting a violation of this chapter found during an
inspection.
5. Inspect and copy pertinent records relating to the
facility's operations, including inventories, chemical
usage, materials, sources, hazardous materials
manifests and disposal records, treatment and
operations log books, and materials invoices.
6. Review and obtain a copy of the storm water pollution
prevention plan prepared by the owner and/or
occupant or facility operator, if such a plan is required.
7. Require the owner and/or occupant or facility operator
to retain evidence, as instructed by the inspector, for
a period not to exceed 30 days.
8. Review and obtain copies of all storm water
monitoring data compiled by the owner and/or
occupant or facility operator, if such monitoring is
required.
9. Review and obtain copies of all records related to
handling of pollutants and hazardous materials.
The enforcement official may conduct routine or area
inspections, which shall be based upon such reasonable
selection processes as may be deemed necessary to carry
out the objectives of this chapter, including, but not limited
to, random sampling or sampling in areas with evidence of
storm water contamination, illegal discharges, discharge of
non-storm water to the storm water conveyance system, or
similar factors.
C. All enforcement officials shall have adequate identification.
Enforcement officials and other authorized personnel shall
identify themselves when entering any property for
inspection purposes or when inspecting the work of any
contractor. (Ord. 2597 § 11, 1994).
SECTION XI. That Section 14.20.220 of the Chula Vista Municipal Code is
amended to read:
14.20.220 Authority to sample and establish sampling
devices.
With the consent of the property owner or occupant or
pursuant to a_n seamh-inspection warrant, the enforcement official is
authorized to establish on any property that discharges directly or
indirectly to the municipal storm water conveyance system such
devices as are necessary to conduct sampling or metering
operations. During all inspections as provided herein, the official
may take samples of materials, wastes, and/or effluent as deemed
necessary to aid in the pursuit of the inquiry or in the recordation of
the activities on-site. (Ord. 2597 § 11, 1994).
SECTION XII. That Section 14.20.230 of the Chula Vista Municipal Code is
amended to read:
14.20.230 Testing, monitoring or mitigation required - When.
A. The enforcement official may require that any person
engaged in any activity and/or owning or operating any
facility which causes or may contributes to storm water
pollution or contamination, illegal discharges, and/or
discharge of non-storm water to the storm water conveyance
system perform monitoring, including physical and chemical
monitoring and/or analyses, and furnish reports as the
enforcement official may specify, if:
ihe person, or lacili~.y owRe~ or operator, fails [o
eliminate illegal discharges within a specified time
after receiving a written notice to do so by the
enforcement officiakL~
2. The enforcement official has documented repeated
violations of this chapter by the person or facility
owner or operator which have caused or contributed
to storm water pollution.
tt is unlawful for such person or facility owner or operator to
fail or refuse to undertake and provide the monitoring,
analyses, and/or reports specified. Specific monitoring
criteria shall bear a relationship to the types of pollutants
which may be generated by the person's activities or the
facility's operations. If the enforcement agency has evidence
that a pollutant is originating from a specific premises, then
the enforcement agency may require monitoring for that
pollutant regardless of whether said pollutant may be
generated by routine activities or operations. The person or
facility owner or operator shall be responsible for all costs of
these activities, analyses and reports.
B. Any persons required to monitor, pursuant to subsection (A)
of this section, shall implement a storm water monitoring
program including, but not limited to, the following:
1. Routine visual monitoring for dry weather flows;
2. Routine visual monitoring for spills which may pollute
storm water runoff;
3. A monitoring log including monitoring date, potential
pollution sources, as noted in sub-sections (B)(1) and
(2) of this section, and a description of the mitigation
measures taken to eliminate any potential pollution
sources.
C~ Tho e ..............officia~
.......... ~,
........ ~ ~" tho
...... y ........ Board ~,qd/o~ the
~' ' '~' f~!~s
~ ~~ or ,~1~ .... o~ ~tor, to
~i~te .... gal
'~' ~' ~ .........
rely *h~ · ' .
20
DC. If testing, monitoring or mitigation required pursuant to this
chapter is deemed no longer necessary by the enforcement
official, then any or all of the requirements contained Jn
subsections (A), and (B)~,,~'~-'~ ,vj~r'~ of this section may be
discontinued.
F==_D. A storm water monitoring program prepared and
implemented pursuant to any state-issued NPDES general
permit shall be deemed to meet the requirements of a
monitoring program for the purposes of this chapter. AI_J
monitorinfl data and analytical evaluation/assessment
reports required by such a permit shall be submitted to the
cJtv at the same time the data and reports are submitted to
the Regional Water Qua tv Control Board. (Ord. 2597 § 11,
1994).
SECTION XIII. That Section 14.20.310 of the Chula Vista Municipal Code is
amended to read:
14.20.310 Administrative enforcement powers.
The enforcement agency and enforcement official can
exercise any enforcement powers as provided in CVMC Title 1, In
addition to the general enforcement powers provided in CVMC Title
1, the enforcement agency and enforcement official have the
authority to utilize the following administrative remedies as may be
necessary to enforce this chapter:
A. Cease and Desist Orders. When the enforcement official
finds that a_n illegal discharge has or is likely to occur taker
olaoe oF is lik~y ~e. take place in violation af ~his chapteroL af~
illegal connection is in place, the enforcement official may
issue an order to cease and desist such discharge, practice,
or operation likely to cause such discharge and direct that
those persons not complying shall:
1. Comply with the applicable provisions and policies of
this chapter;
2. Comply with a time schedule for compliance, which
may consist of a duty to cease and desist
immediately;, and
3. Take appropriate remedial or preventive action to
prevent the violation from recurring.
B. Notice to Clean and Abate. Whenever the enforcement
official finds any oil, earth, dirt, grass, weeds, dead trees, tin
cans, rubbish, refuse, waste or any other material of any
kind in or upon the sidewalk abutting or adjoining any parcel
of land, or upon any parcel of land or grounds, which may
result in an increase in pollutants entering the city's storm
water conveyance system or a non-storm water discharge to
the city's storm water conveyance system, the enforcement
official may issue orders and give written notice to remove
same in any reasonable manner. The recipient of such
notice shall undertake the activities as described in the
notice.
C. Storm Water Pollution Prevention Plan. The enforcement
official shall have the authority to establish elements of a
storm water pollution prevention plan, and to require any
owner or occupier of any premises to adopt and implement
such a plan, pursuant to CVMC 14.20.120(13)~ ,~,j, as may
be reasonably necessary to fulfill the purposes of this
chapter.
D. Employee Training Program. The enforcement official shall
have the authority to establish elements of an employee
training program, as may be necessary to fulfill the purposes
of this chapter, where such a program has been required as
an element of a storm water pollution prevention plan.
E. Best Manaqement Practices. The enforcement official may
establish the requirements of BMP for any Premises
pursuant to CVMC section 14.20.040.
E-_F. Civil Penalties. Notwithstanding any other provision of the
Municipal Code,,^"",,,~ a__person who violates any of the
provisions of this chapter or who fails to implement a storm
water monitoring plan, violates any cease and desist order or
notice to clean and abate, or fails to adopt or implement a
storm water pollution prevention plan as directed by the
enforcement official shall be liable for a civil penalty not to
exceed $~1,9905t0,000 for each day such a violation exists.
22
The violator shall also be charged for the full costs of any
investigation, inspection, or monitoring survey which led to
the detection of any such violation; for abatement costs; and
for the reasonable costs of preparing and bringing legal
action under this subsection. In addition to any other
applicable procedures, the enforcement agency may utilize
the lien procedures of Chapter 1.30 CVMC to enforce the
violator's liability. The violator may also be liable for
compensatory damages for impairment, loss or destruction
to water quality, wildlife, fish and aquatic life. (Ord. 2597 §
11, 1994).
Administrative Citations. Notwithstanding any other
provision of the Municipal Code, a person who violates any
provision of this chapter or disobeys an enforcement order
may be issued an administrative citation by the enforcement
official requiring immediate corrective action and imposing
an administrative fine in an amount as set forth in CVMC
1.41.100 (D)(1).
SECTION XIV. That Section 14.20.320 of the Chula Vista Municipal Code is
amended to read:
14.20.320 Administrative notice, hearing, and appeal
procedures.
· · ' ~,*,, ~ ....... ~-dl rem~
2597 ~ ~
A~ Se~ice. Unless othe~ise provided herein, any order, notice
,0~ ~,Jo~ation. or other notice required to be ~/en h~' ~he
enforcoment official under this ohapter shall be in writing and
se~ed in ao~rdance with CVMC section 1.40.030.
Notice Conlents. No~ilhslandinfl any other provision of the
~unicipal Code, when the enforcement o~cial determines
that a violation of one or more provisions of this chapter
exists or has occurred, any violator(s) may be se~ed with a
written notice of violation and order. The notice and order
23
shall state the municipal code section violated, describe how
violated, the location, date(s) and time(s) of the violation(s),
and describe the corrective action required. The notice and
order may require immediate corrective action by thc,
violator(s) and explain which method(s) of enforcement thc,
city is utilizing. The notice and order shall explain thc,
consequences of failinq to comply. Finally, the notice and
order shall identify all hgaring/appea ri~lhts and specify the
issuing off cer
Hearings and Appea~s. Notwithstandinq any other provision
of the Municipal Code, a violator may request a hearin.q tn
contest the enforcement official's determination that a
violation has occurred. Such request must be in writing and
received by the city within ten calendar (10) days of servicc,
of the notice of violation (or 30 calendar days for out-of-staf~
residents) in a form approved by the enforcement official. If
the city does not receive such a written request within ten
calendar (10) days (or 30 calendar days for out-of-state
residents), it shall constitute a waiver of the right to a hearinq
and adiudication of all or any portion of the notice and order.
Once a request for a hearinq is received, the hearing shall
be conducted pursuant to Sections 1.40.020 B. through I.
and 1.40.070 of the CVMC. If the violator(s) fails to attend
the hearinq, it shall constitute a waiver of the right to a
hearin~a_n_d adiudication of all or~an~_Dortion of the notice
and order.
SECTION XV. That Section 14.20.340 of the Chula Vista Municipal Code is
amended to read:
14.20.340 Violations deemed a public nuisance.
In addition to the other civil and criminal penalties provided
herein, any condition caused or permitted to exist in violation of any
of the provisions of this chapter is a threat to the public health,
~a~'~,, ~r;d welfare and is declared and deemed a public nuisance,
which may be summarily abated and/or restored as directed by the
en$orcement official in accordance with the procedures identified in
this chapter or Chapter 1.30 CVMC. A civil action to abate, enjoin
or otherwise compel the cessation of such nuisance may also be
taken by the city, if necessary.
The full cost of such abatement and restoration shall be
borne by the owner of the property, and the cost thereof shall be a
lien upon and against the property in accordance with the
procedures set forth in Chapter 1.30 CVMC. (Ord. 2597 § 11,
1994).
SECTION XVI. This Ordinance shall take effect and be in full force on the thirtieth
day from and after its adoption.
Submitted by: Approved as to form by:
John P. Lippit John M. Kaheny
Director of Public Works City Attorney
COUNCIL AGENDA STATEMENT
Item -~
Meeting Date 02/26/02
ITEM TITLE: Resolution Authorizing the City Engineer to issue
Encroachment Permit No. PE-513 for the installation of private
cable and telephone utilities within a 15-foot public sewer
easement granted on Parcel Map No. 18798, Rogan Hills
Subdivision.
SUBMITTED BY: Director of Public Work~ (
REVIEWED BY: City Manager 4~?~ ~ (4/5ths Vote: Yes __ No__X)
Rogan Road LLC, the developer of four (4) single family dwellings off of Rogan Road, is
proposing to install private cable and telephone utilities within a 15-foot public sewer
easement granted on Parcel Map No. 18798 (see Exhibit "A"). Rogan Road LLC has
requested the City to grant an encroachment permit to allow for this encroachment.
According to Chapter 12.28 of the Municipal Code, this request must be approved by the
City Council.
RECOMMENDATION: That Council approve the subject resolution authorizing the
City Engineer to issue Encroachment Permit No. PE-513 to install private cable and
telephone utilities within a 15-foot public sewer easement granted on Parcel Map No.
18798, Rogan Hills Subdivision and direct the City Clerk to record said permit.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
On November 19, 2001 staff received a request from Rogan Road LLC for an
encroachment permit to install private cable and telephone utilities within a 15-foot
public sewer easement (see Exhibit "B"). The sewer easement was granted on the Rogan
Hills Subdivision, Parcel Map No. 18798 on September 20, 2001 as per File No. 2001-
0678367. The sewer easement was required in order to install an 8-inch public sewer
main through the subdivision to serve the four newly created residential parcels and for
future connections along Rogan Road. The nature of the proposed encroachment is as
follows:
Item
Meeting Date 02/26/02
Installation of Pacific Bell and Cox Cable private utility lines within the 15-foot
public sewer easement. Utilities are to stay within a 2.5-foot wide area south of
the north easement line (Exhibit "A").
Pacific Bell and Cox Cable have indicated this is the only way they will provide service
to Parcels 1 and 3 of Parcel Map No.18798. The other utilities (gas, electric and water)
are able to provide service through the rear of the private properties (via Sandlewood
Drive).
City Public Works Operations staff responsible for sewer maintenance have reviewed this
proposal and do not object to the issuance of the encroachment permit. Public Works
Operations only requirement was to insure that the utilities stay within a northerly 2.5-
foot area of the public sewer easement as shown on Exhibit "A".
This encroachment permit (Exhibit "C") includes an indemnity clause holding the City,
its agents and employees harmless from damages resulting from the construction of the
private utilities within the sewer easement. The encroachment obligates the permittee to
maintain, relocate or remove the encroachment at no expense to the City upon a thirty
(30) day written notice from the City. In addition, the City maintains its rights to use the
existing sewer easement for access and general maintenance.
The encroachment permit includes language that will enable the permit to "run with the
land" making in enforceable with future owners of the properties.
FISCAL IMPACT: Due to the construction and maintenance responsibilities falling on
the Permittee, there are no direct costs to the City, except for the processing of this permit
and inspection fee. The Rogan Road LLC has paid $250.00 application fee for
processing the Encroachment permit and will pay inspection fee prior to the recordation
of the Encroachment permit.
Attachments: Exhibit "A" - Locator plat
Exhibit "B" Request from Rogan Road LLC for Encroachment Permit
Exhibit "C' - Encroachment Permit PE-513
BVH
J:lEngineerlPERMITSIPEIPESl3.agendastatement. doc
15' SEWER EASEMENT
~RANTED HEREON TO
THE cFrY OF CHULA VISTA 19e~
54,513 S.F.
O~ERS: O~ ~2u sUBSEOU~ ~ z
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$4~S5'20m 1~.26' ~ 24,690 S.F.
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~2:::~gCEL 4 PARCEL 3
('i~x o~'('hula
Department or'Public Works. Ensineerin~ Dis ision
276 Fourth Avenue
Cbula Vista, CA 91910 November 19. 2001
Request For Encroachment Permit
Parcel Map No. 18798
Department of Public Works. Engineering Division:
1 am requesting an encroachment permit for placement of conduit for Cox Cable and
Pacific Bell within a 2 V2 feet area ora 15 feet sewer easement granted Chula Vista for
this parcel map
This encroachment permit is needed to provide cable and telephone service to the 4
parcels in this newly approved parcel map. Pacific Bell and Cox Cable have indicated
this is the only way they will provide service to these parcels.
This proposed encroachment will involve parcel # 3 (255 Rogan Road) and parcel # 1
(237 Rogan Road)
Estimated cost to install the necessa~ conduit is $2250.
Tbe owner / developer is Rogan Road LLC
Address: Rogan Road LLC
745 Neptune Ct
Chula Vista, 91910
Phone: (6!9) 420-2834
Cel: (619) 379-5009
Sincerely.
Nathan Wallace
Manager for Ro~an Road LLC
Recording requested by and
please return to:
City Clerk
City of Chula Vista
P.O. Box 1087
Chula Vista, CA 91912
tX] This document benefits
permittee. Recording
fee required. ~ (This space for Recorder's use, only) ~
Affects Assessor's Parcel No(s) C.V. File No. 0710-40-PE-513
AUTHORIZATION FOR ENCROACHMENT IN CITY EASEMENT
Permit No. PE-513
Pursuant to Chapter 12.28 of the Chula Vista Municipal Code, permission is hereby granted by the City of Chula
Vista (hereinafter "City") to: Rogan Road LLC (hereinafter "Permittee") whose mailing address is 745 Neptune Ct,
Chula Vista CA, 91910, to do work within a portion a 15-foot public sewer easement belonging to the City of Chula
Vista.
All terms and conditions of this permit as to the Permittee shall be a burden upon Permittee's land and shall mn with
the land. All conditions apply to Permittee and all his/her/their heirs, assigns, successors or transferees.
Whereas, the Permittee has requested the permission 1¥om City to encroach on said City's easement adjacent to and
for the direct benefit of the following described property:
ADDRESS: 237 and 255 Rogan Road, Parcels 1 and 3, respectively, of Parcel Map No. 18798
LEGAL DESCRIPTION: Being a subdivision of a portion of Parcels 1 and 3 of Parcel Map No. 18798, in the City
of Chula Vista, County of San Diego, State of California, filed in the office of the County Recorder of San Diego
County, September 20, 2001 as file no. 2001-0678367 of official records.
PERMISSION IS HEREBY GRANTED to do the following work: install private cable and telephone utilities
within the northerly 2.5-feet of a 15-foot City of Chula Vista public sewer easement, according to Exhibit "A",
attached.
(hereinafter "Encroachment")
NOW, THEREFORE, in consideration of their mutual promises, and other good and valuable consideration, the
parties hereto agree as follows:
Permission is hereby granted Permittee for the above mentioned Encroachment on the real property of City described
above in accordance with the following conditions:
1. Encroachment shall be installed and maintained in a safe and sanitary manner by Permittee as determined by
City.
2. Encroachment shall, in no way interfere with the maintenance of or operation of existing water meters,
CATV and telephone pedestals, public storm drain and sewer lines. Any costs arising from changes of or to
any facility due to the Encroachment shall be the sole responsibility of Permittee and subject to placement of
a lien on the property if incurred by the City.
Page 1
3. Said installation shall conform to all standards and specifications as stated in the Chula Vista Municipal
Code.
4. Perimttee is to call Underground Service Alert (one call mark-out service) at 1-800-422-4133 a minimum of
two working days prior to any excavation being done in the City's right-of-way.
5. For all above ground Encroachments that could logically be subject to graffiti or similar acts, Perminee shall
apply an anti-graffiti material to the encroaching object of a type and nature that is acceptable to the Director
of Public Works.
6. Permittee shall immediately remove any graffiti from the encroaching object.
7. City shall have the right to remove graffiti or paint the encroaching object, the paint being provided and the
cost of labor paid by Permittee.
8. Permittee shall not allow Encroachment to block the existing course of surface drainage to the extent that it
may endanger the public or the surrounding properties or cause pounding of water.
This permit is revocable upon thirty (30) days written notice to the Permittee, and upon such notice, the installation
must be removed or relocated, as and when specified by the City, at Permittee's cost. If Permittee fails to remove or
relocate Encroachment within the period allotted, the City may cause such work to be done and the cost thereof shall
be imposed as a lien upon Permittee's property.
Permittee shall defend, indemnify, protect, hold harnfless and release the City, its elected and appointed officers and
employees, from and against all past, present or future claims for damages, liability, cost and expense (including
without limitation attorneys' fees) arising out of or in anyway related to the encroachment or the conduct of the
Permittee, or any agent or employee, subcontractors, or others (including third parties) in connection with the
execution of the work covered by this agreement. Except only for those claims arising from the sole negligence or
sole willful conduct of the City, its officers, or employees. Permittee's indemnification shall include any and all costs,
expenses, attorneys' fees and liability incurred by the City, its officers, agents, or employees in defending against
such claims, whether the same proceed to judgment or not. Further, Permittee at its own expense shall, upon written
request by the City, defend any such suit or action brought against the City, its officers, agents, or employees.
Permittee's indemnification of City shall not be limited by any prior or subsequent declaration by the Permittee.
Permittee hereby agrees to and shall release, hold harmless and defend City, its elective and appointive boards,
officers, agents and employees against any claim, and in any suit or proceeding, at law or in equity, for damages
caused, or alleged to have been caused, by actions taken or alleged to have been taken, or in anyway related to or
arising I¥om actions taken, under this permit by Permittee directly or by his/her/their agent(s), contractor(s), or
agents or employees of same. Permittee further agrees to and shall indemnify and hold harmless City, its elective and
appointive boards, officers, agents and employees, as indemnities, for any claim, suit or proceeding submitted,
brought or instituted against City as a result of actions taken, or alleged to have been taken, or in anyway related to
or arising from actions taken, under this permit, including, but not limited to, any asserted liability for loss of or
damage to property or lbr personal injury, including death.
The undersigned Permittee hereby accepts the fbregoing Encroachment permit upon the terms and conditions stated
herein and agrees to comply with all stated terms and conditions and with ail applicable laws, including any applicable
provision of the Chula Vista Municipal Code. It is further agreed that if any part of Permittee's Encroachment or
Permittee's rights under this Encroachment Permit should interfere with the future use of the City's right of way by
the general public, it must be removed or relocated at Permittee's expense and such right shall be terminated as and
when indicated by City.
In the event of a dispute arising as to the terms or interpretation of this permit, the City Engineer shall resolve said
dispute in his sole and unfettered discretion, reasonably applied.
Page 2
SIGNATURE PAGE
CITY OF CHULA VISTA:
Permit approved by:
Date:
Clifford L. Swanson
Deputy Public Works Director/City Engineer
(City Clerk to attach acknowledgment.)
PERMITTEE:
Signature: Date:
Signature: Date:
(Notary to attach acknowledgment for each signature.)
(Corporate Authority required for each Signatory, if applicable.)
[J:\Engineer\PERM1TS\PE\PE513encroachment.doc Page 3
RESOLUTION NO. 2002--------
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AUTHORIZING THE CITY ENGINEER TO ISSUE
ENCROACHMENT PERMIT NO. PE-sI3 FOR THE INSTALLATION
OF PRIVATE CABLE AND TELEPHONE UTILITIES WITHIN A
ls-FOOT PUBLIC SEWER EASEMENT GRANTED ON PARCEL MAP
NO. 18798, ROGAN HILLS SUBDIVISION
WHEREAS, Rogan Road LLC, the developer of four (4) single
family dwellings off Rogan Road, is proposing to install private cable
and telephone utilities within a IS-foot public sewer easement granted on
parcel Map No. 18798; and
WHEREAS, Rogan Road LLC has requested the City to grant an
encroachment permit to allow for this encroachment; and
WHEREAS, according to Chapter 12.28 of the Municipal Code, any
permanent structures built within right-of-way, City easements or City
owned property, such as private storm drain systems require City Council
approval utilizing the encroachment permit process.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of
Chula Vista does hereby authorize the City Engineer to issue Encroachment
Permit No. PE-S13 to Rogan Road LLC for the installation of private cable
and telephone utilities within a IS-foot public sewer easement granted on
Parcel Map No. 18798, Rogan Hills Subdivision.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed
to record this said permit.
Presented by
Approved as to form by
John P. Lippitt
Director of Public Works
J, \attorney\reso\encroachment permit PE S13
3-~
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 02/26/02
ITEM TITLE: Resolution Accepting bids, awarding the contract for the
"Corrugated Metal Pipe (CMP) Rehabilitation at Various Locations in the
City of Chula Vista, CA (DR-155)" project to Mocon Corporation and Cat
Contracting, a Joint Venture, in the amount of $256,345.00, authorizing staff
to increase value of contract to expend all available funds for this project,
transferring $91,500.00 to ST-981 and authorizing staff to transfer any funds
remaining in this project at the time of its completion to ST-981 as well.
SUBMITTED BY: Director of Public Work~/~[~/_
REVIEWED BY: City Manager (~'l/~ .~ (4~5tbs Vote: Yes X No~
At 2:00 p.m. on January 29, 2002, the Director of Public Works received sealed bids for the
"Corrugated Metal Pipe (CMP) Rehabilitation, Various Locations, in the City of Chula Vista, CA
(DR-155)" project. This project provides for the lining/replacement of several corrugated metal
pipes (CMP), both round and arched, in various locations as shown on the attached plats. These old
corrugated metal pipes are deteriorating and in need of rehabilitation, either by replacement or by
lining. The work includes all labor, material, equipment, transportation, protection and restoration,
and traffic control necessary for completion of the project. Funds for this project come from
Assembly Bill 2928 (AB2928) Traffic Relief Congestion Allocation. It is one of three (3) projects
utilizing the $1,242,511.31 that the City received from the State on October 13, 2000 and must be
spent by June 30, 2002.
RECOMMENDATION: That Council approve the resolution accepting bids, awarding the
contract tbr the "Corrugated Metal Pipe (CMP) Rehabilitation at Various Locations in the City of
Chula Vista, CA (DR-155)" project to Mocon Corporation and Cat Contracting, a Joint Venture, in
the amount of $256,345.00, authorizing staff to increase value of contract to expend all available
funds for this project and transferring $91,500.00 to ST-981 as well as any funds remaining in the
project balance at the time of its completion.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
General
This project provides for the lining of 13 existing CMPs (both round and arched pipes) totaling
approximately 1,550 linear feet. The locations are listed below and shown on the attached plats (see
Appendixes I & II. The CMPs are corroded and in need of rehabilitation.
Page 2 Item /2L
Meeting Date 02/26/02
The completion of this project will bring us one step closer to replacing or lining the over 20 miles of
Corrugated Metal Pipes located in the City of Chula Vista. As funds become available we will
continue to take preventative measures against the costly repairs associated with the CMP lines
collapsing and lessening the potential for public inconvenience.
Bidding Process
The original priority lists (both List "A" & List "B") included pipes we felt were lineable. In order
to obtain the best rehabilitation alternative, we received bids to line each pipe on List "A" and to
replace each pipe on List "A" ~vith Reinforced Concrete Pipe (RCP). The lowest, or successful bid,
was the one ~vhose combination of lining and replacement costs were the lowest. This was also
important in case any of the pipes turned out to be unlineable and required replacement. The project
work also includes traffic control, protection and restoration of existing improvements, and all labor,
material, equipment and transportation necessary for the project.
Engineering staff prepared plats and specifications and advertised the project. Staff received and
opened bids for the project at 2:00 pm on January 29, 2002. Bids were received from seven (7)
contractors to perform the work as follows (listed in order of"Bid Amount"):
No. Contractor Bid Amount
1 Mocon Corporation and Cat Contracting, a Joint Venture $203,650.00
2 Insituform Technologies, Inc. $255,961.75
3 Ford Construction Company $346.735.00
4 Southern California Undergrounding Contractors, Inc. $369,530.00
5 Underground Utilities, lnc. $555,457.00
6 ZZ Liner, Inc. $557,139.00
7 TM Engineering $613,214.00
City staff reviewed the lowest bid for the project, submitted by Mocon Corporation and Cat
Contracting, a Joint Venture, for potential award of the contract. The overall bid of $203,650 (the
combined lining and replacement costs for List "A") by Mocon Corporation and Cat Contracting, a
Joint Venture, was 40% below the Engineer's Estimate of $372,150. Staff's bid estimate was
conservative and based on estimates received from various contractors and on average unit prices
received recently for pipe replacement work. It is staff's opinion that the bid submitted by Mocon
Corporation and Cat Contracting, a Joint Venture, is responsive.
Engineering staff checked three references provided by the low bidder. The references were verified
and their work has been satisfactory. Their Contractor's License No. 802574 is clear and current.
Since the bid prices are so low we will also be able to line all the pipes on List "B". The total cost to
line the pipes on both lists is $256,345.00 ($203,650.00 for List "A" and $52,695.00 for List "B").
A contingency of 10%, or $25,655.00, should cover any unexpected conditions.
Page 3 Item
Meeting Date 02/26/02
Staff, therefore, recommends awarding the contract to Mocon Corporation and Cat Contracting, a
Joint Venture from Indio, California, in the amount of $256,345.00 plus contingencies of $25,655.00
for a total of $282,000.
Also, since the funding from AB2928 (Traffic Relief Congestion Allocation) must be used by June
2002 or it will go back to the state, we request that staffbe authorized to expend all available funds,
by transfering funds to ST-981 (Bonita Road Resurfacing and CMP Rehabilitation/Removal from
Willow Street to East of Otay Lakes Road) and/or lining additional pipes.
Funding Source
The City of Chula Vista received a lump sum funding allocation in the amount of $1,242,511.31
from Assembly Bill 2928 (AB2928) Traffic Relief Congestion Allocation. The bill allocated $400
inillion one-time to be split between cities and counties for maintenance and rehabilitation projects.
The funds must be spent on projects, which are located within the public right-of-way, do not
increase traffic capacity and the funds cannot be commingled with other funds, for auditing
purposes. Projects must also be completed and funds used by June 30, 2002.
These monies must be used only for street and highway pavement maintenance, rehabilitation and
reconstruction of necessary associated facilities such as drainage and traffic control devices. This
project is one of three maintenance CIP projects identified by City staff that can be completed within
this timeframe. The other two projects are, STL-274, (Local Streets Pavement Resurfacing), which
is completed, and ST-981 (Bonita Road Resurfacing and CMP Rehabilitation/Removal from Willow
Street to East of Otay Lakes Road), which was also just awarded.
The City has $969,369.00 remaining for the two projects, in order to spend all of these funds by the
mandated June 30, 2001 deadline, $91,500.00 will be transferred from DR-155 to ST-981 as well as
any other funds remaining in DR-155 at the time of its completion.
Disclosure Statement
Attached is a copy of the contractor's Disclosure Statement.
Environmental Status
The City's Environmental Review Coordinator has reviewed the work involved in this project and
has determined that the project is exempt pursuant to Section 15303, Class 1B of the California
Environmental Quality Act (Replacement of Reconstruction).
Prevailing Wage Statement
This project is funded by the State of California, "Traffic Congestion Relief Allocation" (AB-2928).
Based on the current project funding guidelines, no prevailing wage requirements were necessary as
(J:\Engineer\AGENDA\DRI55AI 13.doc; mji) (2/12/02; 11:53 AM)
Page4 Item /7c
Meeting Date 02/26/02
part of the bid documents.
Fiscal Impact
FUNDS REQUIRED FOR CONSTRUCTION
A. Contract Amount for List "A" (Mocon Corporation and Cat Contracting) $203,650.00
B. Contract Amount for List "B" (if all pipes are lined) $52,695.00
C. Contingencies (+10%) $25,655.00
D. Total Encumbered for Contractor $282,000.00
D. Staff Costs (Design, Inspection, Administration) $23,000.00
TOTAL FUNDS REQUIRED FOR CONSTRUCTION $305,000.00
~UNDS AVAILABLE FOR CONSTRUCTION
A. Traffic Relief Congestion Allocation (AB2928) $396,500.00
(73900-7999/2651155739-400000)
B. Transfer to Bonita Road Project (ST-981) $91,500.00
TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $305,000.00
The above action of awarding the contract will authorize a total expenditure of $305,000.00 of State
(AB2928) Traffic Congestion Relief funds from the budgeted CIP project and have no impact on the
General Fund. After construction, the routine City maintenance should be reduced and little chance
of pipes collapsing for many years.
Attachments:
A Appendix I; Priority Lists
B Appendix II; Location Plats
C - Contractor's Disclosure Statement
(J:\Engineer\AGENDA\DR 155 A I 13.doc; Tnji) (2/I 2/02; 11:53 AM)
APPENDIX I ATTACHMF:h'Iq ~/~
CITY OF (;HULA VISTA
CORRUGATED METAL PIPE REHABILITATION PROGRAM
DR-155
LIST- "A"
LIST- "B"
33.34,35 A ~52 TALU~ ~i' 24" 40' 3'-6' 64~0L i lalpes flew f~m In~s lo 36' ~
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APENDIX "A" - List A
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DRA~V BY' I T~E.. I PREPARED BY:
CESAR V. MAGBUHAT, CITY OF CHULA VISTA I MARLO INGRACl
DATE: SHEET , I I~
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CESAR ~ CITY OF CHULA VISTA MARLO INGRACl
10-24-01 IOF 12 SHTS, STORM DRAINREHABILITATION APPRO~D Bt'
JIM R. HOLMES
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cEs~ ~ ~ r, XL~: CITY OF CHULA ~STA I WARIO INGRAO
DATE: ISHEEr 5 ISTORM DRAIN REHABILITATION I JX~R. HOL~ES
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DATE:ii_26_Oi JO~FHEE/~~H°T.~.J STORM DRAIN REHABILITATION
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DRAWN BY: MAGBUHAT I TITLE: PREPARED BY:
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DRAWN BX' TITLE: CITY OF IPREPARED BY:
CES,~R ~ ~AGBUHAT CHULA VISTA ~o: INCRACI
STORM DRAIN IAPPROVED ~
DATE:Ii_21_Oi oFSHEETiz SHTS.iZ REHABILITATION j JIM R. HOLMES
~/7
01/23/2002 14:15 FAX 5087545261 A~iL TOKE ~]009
ATTACHMEN ! f-~
~l'li~ Cl'l~' OF CHiJI,A VISTA DISCLOSURE STATEMENT
Pursuant to Council Policy 1014) 1, pr/or to any a~ion upon matt~r~ wNch will require di/~et/onary a~t/on by
the Comlcil, Plarm/ng Co,,,a~i~s/on and all other official bodies of Ibc City, a s~atement of di~olosure of
certain owne~hip or fmandal/nterest~, payments, or c~ .mpaign conlfibufionz for a City of Chula Vista
clvzfion must 1~ filed. The follow/rig informat/on must be d/s¢losed:
1. List the name~ of all p~rson$ having a financial/ntet~st in fla¢ prop~oJ that is thc subj~'t of the
application orthe colYa'act, c.g., owner, appl/~0alt, contrtmtor, subcorltractor, luatgdal sllppHer.
2. If any pemon* id~mtificd pursuant to (1) above is a corporation or p/n~er~ip, li*t the nam~ of all
individuals with a $1000 inveslment in the bmiu~s (mrporat/on/pat~hip)
If any person* identified pm-aaant to (1) above is a non-lXOfit o~ganization or tmgh list ~h¢ names o f
any pemon serving as director of the non-profit organization or as ~usl~e or b~neficiary or tmstor of
the
4, Please i&ntify cve~y p~son, including any agents, cs~qAoyees, consullants, or independent
contractors you have assigned to represent you before th~ City in this matter.
19
l:'~nginee~,DMlI~OlqTRAC'Bl>r 155 eonm doc
01/23/2002 14:15 FAX 5087545261 Al/AL TOKE ~010
Has any p~rson* associated with lhis contract bad any financial dealings with an official** of thc
City of Chula Vista as it rclates to this oo~Iract wiihin the Imst 12 months? Yes No X
If Yes, briefly descn'be the nature of the financial interest thc offic/a]** may have in this contract.
6. Have you made a oonm~vufiOn of mole than $250 w/thin the past twelve (12) months to a ~urrent
member of thc Chub Vista City Counoil? Yes No ~ If Yes, which Colal~il membor?
7. Have you or any member of your govem~g bo~rcl (i.e. ~te Bom'd of ~or~.xeeutivcs,
non-profit Board of Dir~ctm's made contflbRtioas totaling mor~ than $1,000 ovgr thc past four (4)
years to a current member of the Chula Vista City Council? yes. No ~ If Yes, which
Cotmoil member?
8. Have you provided more than $300 (o~ ~m itenl of equ/valent value) to an official** of the City of
Chula Vista in the past twelve (12) montl~'? (This/ncludes being a source of incon~, money to refi~
a legal debt, gil~ loan, etc.) Yes No~ ~ If yes, which official** and what was thc nature
of item provided?
]~Jnt o~' ty~e n~ne of Cor~ctor/A!~plicant do,
* Person is defined as: any individual, firm, co-partnership, joint vc~ture, assodation, so~ia! club,
fraternal organization, corporation, estate, trast, receiver, syndicate, any other oount7, city, municipality,
districg or other political subdivision, -or any other group or combination acting as a unit.
Oft~cial include~, but is not limited to: Mayor, Council meanb~r, Plamaing Commissioner, Member of
a board, commission, or commiiie¢ of thc City, employee, or staff member&
2o
$:~EngincefiADlvff~CON TRACTkOr 1 $ ~ eontr, dog
q -tn
RESOLUTION NO. 2002-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS, AWARDING THE CONTRACT
FOR THE "CORRUGATED METAL PIPE (CMP)
REHABILITATION AT VARIOUS LOCATIONS IN THE CITY
OF CHULA VISTA, CA (DR-155)" PROJECT TO MOCON
CORPORATION AND CAT CONTRACTING, A JOINT VENTURE,
IN THE AMOUNT OF $256,345.00, AUTHORIZING STAFF
TO INCREASE VALUE OF CONTRACT TO EXPEND ALL
AVAILABLE FUNDS FOR THIS PROJECT, TRANSFERRING
$91,500.00 TO ST-981 AND AUTHORIZING STAFF TO
TRANSFER ANY FUNDS REMAINING IN THIS PROJECT AT
THE TIME OF ITS COMPLETION TO ST-981 AS WELL
WHEREAS, on January 29, 2002, the Director of Public Works
received the following seven sealed bids for the "Corrugated Metal Pipe
(CMP) Rehabilitation, Various Locations, in the City of Chula vista, CA
(DR-155)" project:
No.
Contractor
4 California
5 Underground Utili ties Inc.
6 ZZ Liner, Inc.
7 TM Engineering
Contractors, Inc.
Bid Amount
$203,650.00
$255,961. 75
$346,735.00
$369,530.00
$555,457.00
$557,139.00
$613,214.00
1 Mocon Corporation and Cat Contracting, a Joint Venture
2 Insituform Technologies, Inc.
3 Construction
WHEREAS, City staff reviewed the lowest bid for the project
submitted by Mocon Corporation and Cat Contracting, a Joint Venture, of
$203,650 (the combined lining and replacement costs for List "A") and
it was 40% below the Engineer's Estimate of $372,150; and
WHEREAS, it is staff's opinion that the bid submitted by Mocon
Corporation and Cat contracting, a Joint Venture, is responsive; and
WHEREAS, since the bid prices are low, the City can line all the
pipes on List "B" for a total cost of $256,345.00 ($203,650.00 for List
"A" and $52,695.00 for List "B"); and
WHEREAS, staff, therefore, recommends awarding the contract to
Mocon Corporation and Cat contracting, a Joint Venture, in the amount
Lf - 2D
of $256,345.00
$282,000; and
plus
contingencies
of
$25,655.00
for
a
total
of
WHEREAS, since the funding from AB2928 (Traffic Relief Congestion
Allocation) must be used by June 2002 or it will go back to the state,
staff requests authorization to expend all available funds, by
transferring $91, 500.00 to ST-981 (Bonita Road Resurfacing and CMP
Rehabilitation/Removal from willow Street to East of Otay Lakes Road)
and/or lining additional pipes; and
WHEREAS, the City's Environmental Review Coordinator has reviewed
the work involved in this project and has determined that the project
is exempt pursuant to Section 153 03, Class IE of the California
Environmental Quality Act (Replacement of Reconstruction), and
WHEREAS, the source of
Congestion Relief Allocation"
project funding guidelines,
necessary as part of the bid
funding for this project is "Traffic
(AB-2928) funds and based on the current
no prevailing wage requirements were
documents.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby
accepts bids for the "Corrugated Metal Pipe (CMP) Rehabilitation,
Various Locations, in the City of Chula Vista, CA (DR-155)" project and
awards the contract to Mocon Corporation and Cat Contracting, a Joint
Venture, in the amount of $256,345.00.
BE IT FURTHER RESOLVED that staff is authorized to increases the
value of the contract to expend all available funds for the project and
transfer $91,500.00 to ST-981 as well as any funding remaining in the
project balance at the time of its completion.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista
is hereby authorized to execute the contract on behalf of the city of
Chula Vista.
Presented by
Approved as to form by
John P. Lippitt
Director of Public Works
J, \Attorney\REso\corrugated Metal Pipe Rehabilitation. doc
'-f ~7-/
COUNCIL AGENDA STATEMENT
Item:
Meeting Date: February 26~ 2002
ITEM TITLE: A) Resolution transferring $270,000 in appropriations fi:om
the "Loma Verde Pool Renovation" project to the "Chula Vista
Animal Care Facility, at 130 Bcyer Way in the City of Chula Vista,
CA "project
B) Resolution accepting and appropriating a donation
from an anonymous donor of $25,000 for the Animal Care Facility
project to equip the medical center
SUBMITTED BY: Director of Building and Park Construction
Police Chief
REVIEWED BY: City ManagerV _ (4/5ths Vote: X No )
The animal shelter is being relocated from Main Street, East of 1-805 to the intersection of Beyer
Way and Fourth Avenue. Construction consists of a 7,779 square foot, one story, concrete
masonry unit block building with four (4) concrete/steel kennel structures over a 1.88-acre lot.
The Contractor is scheduled to be substantially complete on March 8, 2002. Punchlist items and
minor plan additions will take approximately four (4) weeks, with move-in anticipated for the
first week of April 2002. Due to project delays, changes in plans and budget adjustments,
additional funds of $270,000 are needed to complete the project. It is proposed that the
Residential Construction Tax (RCT) funds assigned to the "Loma Verde Pool Renovation"
project be transferred to the "Chula Vista Animal Care Facility, at 130 Beyer Way in the City of
Chula Vista, CA" project. The Council approved Resolution No. 2001-420, on December 11,
2001, that accepted a State Grant for funds to complete the pool renovation that replaces the
assigned RCT funds.
The Animal Care Facility has also received a donation from an anonymous donor in the amount
of $25,000 specifically designated for the new shelter's medical center, which was not included
as part of the original project budget.
RECOMMENDATION: That council approve the resolutions A) transferring $270,000
appropriations from the Loma Verde Pool Renovation project to the "Chula Vista Animal Care
Facility, at 130 Beyer Way in the City of Chula Vista, CA" project and B) accepting and
appropriating a donation fi:om an anonymous donor of $25,000 to support the medical center at
the new Animal Care Facility.
BOARDS/COMMISSION: Not Applicable
DISCUSSION:
On March 7, 2000 the City Council by Resolution No. 2000-077 awarded the construction
contract for the "Chula Vista Animal Care Facility, at 130 Beyer Way in the City of Chula Vista,
CA (GG-158)" to C & S Doctor, Inc. in the amount of $1,904,856. Council subsequently
Page 2, Item: ~"
Meeting Date: February, 26~ 2002
approved a change order for $295,800 on August 22, 2000 for the construction of an additional
fourth bank of kennels to house animals from Imperial Beach, Lemon Grove, and National City.
Construction has not been completed; additional funds are needed to cover the costs of items that
were needed due to project delays, adjustments in budget, or added to enhance the project. The
transfer of an additional $270,000 is needed to cover all costs associated with the completion of
this project including design, construction and inspection.
The budget of $3,394,168 is not sufficient to complete the project due to additional scope of
work, project delays, furniture and equipment budget adjustments and plan additions reviewed
by Staff as value added items to the project which were not present in the original plans. Staff
has carefully reviewed and analyzed the current budget and is confident that the additional
amount of $270,000 is sufficient to complete the project. Exhibit A, attached, is a cost sheet
reflecting the various cost components of the project and the projected cost to complete the
project. The shortfall of $270,000 needed to complete the project will cover value added items
such as:
A security system ($50,000)
The present Animal Care facility has experienced break-ins resulting in vandalism
and theft. There have also been acts of arson and break-ins at other facilities
throughout the county. With the New Animal Care Facility, being larger and
more open, the need for a sound security system is even greater.
Awnings ($32,000)
The design of the kennels, although beautiful, may not adequately protect the
dogs from the rain and sun. Staff is proactively recommending the addition of
awnings to ensure this protection. Once the kennels are complete (side, fences
and lids installed), the situation will be evaluated and necessary action taken.
Mechanical and Electrical Improvement ($10,000)
Mechanical ventilation was omitted from the plans for five (5) rooms not attached
to the main building. This is an expense that should have been in the original bid.
The addition of the storage barn did not include electrical improvements, which is
also determined to be necessary.
Partition Walls ($7,558)
The mechanical/electrical room was not designed to house the shelter's computer
server. An additional wall and two openings are necessary to separate the server
from the mechanical equipment.
Budget adjustment items include:
Land Acquisition ($22,531)
Under budgeted items including title reports, miscellaneous fees, etc.
Architectural Services ($4,889)
Contract extended due to project delays.
Page 3, Item:
Meeting Date: February 26~ 2002
Materials Testing ($69,525)
The $25,000 budgeted for special inspection and testing was inadequate due to
additional work (grading) and the Contractor's extended schedule.
Furniture, Fixtures and Equipment ($93,307)
The original FF&E budget included utilities, however, the costs came in higher
than expected ($51,380 over original budget) which includes an electric meter and
a second water meter. Outdoor fumishings, to accommodate volunteer staff and
the public, as well as interior storage units were not part of the original FF&E
budget. Since the projects inception the Shelter office staff has increased by two
persons requiring the need for more furniture and equipment.
The Chula Vista Animal Care Facility has received a donation from an anonymous donor in the
amount of $25,000 specifically designated for the new shelter's medical center. The medical
center will provide enhanced care for the animals. The equipment in the medical center will
provide many animals thorough medical exams, treatment for injuries and illness and will allow
for onsite spay and neuter surgeries. Citizens will be able to adopt animals from the shelter with
more confidence about the animal's health and will no longer need to travel off-site to pick up
their animals, making it less costly and more convenient.
FISCAL IMPACT: Approval of tonight's first resolution will permit the transfer of $270,000
of the Residential Construction Tax (RCT) funds from the "Loma Verde Pool Renovation"
project to the "Chula Vista Animal Care Facility, at 130 Beyer Way in the City of Chula Vista,
CA" project to the Animal Care Facility Project. Council recently accepted a State grant for the
Loma Verde Pool Renovation Project freeing up the RCT funds assigned for the pool renovation.
The second resolution accepts and appropriates a donation of $25,000 to support the medical
center at the new Animal Care Facility project. The total cost of the project, as shown on the
attached sheet, is $3,744,263.
Attachment(s): Exhibit A - Overall Animal Care Budget Cost Sheet
File: 0735- t O-GG 158
H:~ADMIN\Building and Park Construction~Anlmal Care Faeility\AnimaICareAI 13.mi..doc
RESOLUTION NO. 2002-
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA TRANSFERRING $270,000
IN APPROPRIATIONS FROM THE "LOMA VERDE
POOL RENOVATION" PROJECT TO THE "CHULA
VISTA ANIMAL CARE FACILITY, AT 130 BEYER
WAY IN THE CITY OF CHULA VISTA, CA"
PROJECT
WHEREAS, on March 7, 2000 the City Council by Resolution No. 2000-
077 awarded the construction contract for the "Chula Vista Animal Care Facility,
at 130 Beyer Way in the City ofChula Vista, CA (GG-158)" to C & S Doctor, Inc.
in the amount of$I,904,856; and
WHEREAS, Council subsequently approved a change order for $295,800 on
August 22, 2000 for the construction of an additional fourth bank of kennels to
house animals from Imperial Beach, Lemon Grove, and National City; and
WHEREAS, construction has not been completed and additional funds are
needed to cover the costs of items that were either under budgeted or not budgeted,
or added to enhance the project; and
WHEREAS, the transfer of an additional $270,000 is needed to cover all
costs associated with the completion of this project including design, construction
and inspection; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Chula Vista does hereby transfer $270,000 in appropriations from the "Lorna
Verde Pool Renovation" project to the "Chula Vista Animal Care Facility, at 130
Beyer Way in the City ofChula Vista, CA" project.
Presented by
Approved as to form by
John P. Lippitt
Director of Public Works
n,UomeylcesolRCT fund '"nsfer
6~6
RESOLUTION NO. 2002-
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING AND
APPROPRIATING A DONATION FROM AN
ANONYMOUS DONOR OF $25,000 TO SUPPORT
THE MEDICAL CENTER AT THE NEW ANIMAL
CARE FACILITY
WHEREAS, the Animal Care Facility has received a donation from an
anonymous donor in the amount of $25,000 specifically designated for the new
shelter's medical center, which was not included as part of the original project
budget; and
WHEREAS, staff is recommending using these funds to equip the medical
center to provide enhanced care for the animals; and
WHEREAS, the equipment in the medical center will provide many animals
thorough medical exams, treatment for injuries and illness and will allow for onsite
spay and neuter surgeries; and
WHEREAS, citizens will be able to adopt animals from the shelter with
more confidence about the animal's health and will no longer need to travel off-site
to pick up their animals making it less costly and more convenient.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Chula Vista does hereby accept and appropriate a donation from an anonymous
donor of $25,000 to support the medical center at the new Animal Care Facility.
Presented by
Approved as to form by
~..Lj~
Jo . Kaheny
ty Attorney
0
John P. Lippitt
Director of Public Works
j,l,¡romeylresolan;m,l shelter donoÜon
s-~
COUNCIL AGENDA STATEMENT
Item: f~
Meeting Date: 2/26/02
ITEM TITLE: Resolution of the City Council of the City of Chula Vista approving a
three-party agreement between the City of Chula Vista; RECON,
Consultant; and Otay Project, L.P., Applicant for consulting services
related to the preparation of an Environmental Impact Report (EIR) for the
Otay Ranch Village Two Sectional Planning Area Plan and Tentative Tract
Map, and authorizing the Mayor to execute said agreement.
SUBMITTED BY: Director of Planning and Building/~/t
REVIEWED BY: City Manager ~?,~ (4/Sths Vote: Yes No X )
Otay Project, L.P. has filed a SPA plan application for Otay Ranch Village Two. The proposed
Village Two SPA Plan proposes development of 2,138 dwelling units on approximately 726
acres. The proposed number of units to be analyzed may be influenced by the inclusion of a
transit line within the project. Two hundred and seventy eight (278) acres would be developed
with non-residential uses including: community purpose facilities, commercial uses, schools, a
public park, fire station, circulation, and open space uses. The Environmental Review
Coordinator has determined that the proposed project requires the preparation of an
Environmental Impact Report (EIR). Staff recommends that the City Council approve the
proposed contract with RECON for an amount not to exceed $218,458 to provide consultant
services for the preparation of the CEQA-required environmental documents for the proposed
project.
RECOMMENDATION:
That the City Council adopt Resolution of the City Council of the City of Chula Vista approving
a three party agreement between the City of Chula Vista; RECON, Consultant; and Otay Project,
L.P., Applicant, for environmental consulting services related to the preparation of a Second-Tier
EIR, for Otay Ranch Village Two and authorizing the Mayor to execute said agreement.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
Background
The Applicant, Otay Project, L.P. has filed a SPA Plan and Tentative Tract Map application for the
Otay Ranch Village Two site. The proposed 726-acre site is located east and west of Paseo
Ranchero, south of the approved Olympic Parkway alignment, and west of the proposed
alignment for La Media.
Page 2, ItemNo.: ~
Meeting Date: 2/26/02
As required by the Otay Ranch General Development Plan (GDP), a SPA Plan is proposed.
Processing of the SPA Plan will include all SPA-level documents (such as planned community
district regulations, a village design plan, public facilities financing and phasing plan, development
agreement, and other related documents). A Tentative Tract Map is also being processed with the
SPA Plan and will also be addressed in the EIR.
Pursuant to the Califomia Environmental Quality (CEQA), the Environmental Review Coordinator
has determined that the proposed project requires the preparation of an Environmental Impact
Report. Planning and Building Department staff does not have the available time or expertise to
prepare the needed Environmental Impact Report. Therefore, the applicant proposing the project
must enter into a three-party agreement for the preparation of the CEQA documentation.
Consultant Services Selection Process
A request for proposal was distributed to the 28 persons or firms included on the City's list of
qualified Environmental Consultants, and six proposals were received. The Selection Committee,
designated by the Director of the Planning and Building Department, invited the three top-rated
firms to interview. The Selection Committee reviewed and ranked the proposals based on
company experience, quality of management team, capacity to perform the work, project
understanding, proposal quality and clarity, local experience, and billing rates.
The Environmental Review Coordinator and the Selection Committee have determined that
RECON, through their proposal and the interview process, has demonstrated the ability to
perform the services as required for this project. RECON represents, and staff concurs, that they
are experienced and staffed in a manner such that they can prepare and deliver the required
services within the necessary time frames. The Environmental Review Coordinator has
negotiated the details of these agreements in accordance with procedures set forth in Section
6.5.2 of the Environmental Review Procedures.
Scope-of-Work
RECON will function as the Environmental Consultant to the City of Chula Vista under a three-
party agreement with the Applicant and under the supervision of the City's Environmental
Review Coordinator. The responsibilities of the Environmental Consultant will include the
following:
Review of the available Project information;
Preparation of an Initial Study and Notice of Preparation;
Preparation of Screencheck, draft and final EIRs;
Preparation of responses to comments received during public review;
Preparation of Findings and the Mitigation Monitoring Reporting Program;
Attendance at team meetings and public hearings; and
Page3, ItemNo.: ~
Meeting Date: 2/26/02
Preparation of a tentative map environmental document.
As an optional task, and at the discretion of the Environmental Review Coordinator, the
Environmental Consultant may evaluate one of two additional land use scenarios: 1) an
alternative land use plan which includes a 25-acre community park overlay or; 2) a GDP/GP
amendment to relocate the community park from Village Two to Village Seven. For the
purposes of determining the maximum allowable contract amount, the highest cost option (option
2) has been included in the contract amount of $218,458.
Contract Payment:
The amount for this three-party agreement is $273,072, which includes a 25% contingency of
$54,614 for additional services if determined necessary by staff, and agreed to by the project
applicant. The project applicant will pay all consultant costs, as well as reimburse any City staff
time associated with preparation of the Otay Ranch Village Two EIR through a separate deposit
account.
FISCAL IMPACT:
There would be no impact to the General Fund. The project applicant, Otay Project, L.P., through
a deposit account, will pay RECON's consulting fees. The contract amount for consulting
services is $218,458. The contract allows the Contract Administrator, subject to approval of the
applicant, to negotiate additional fees not to exceed 25% of the total contract amount ($54,614)
to cover unforeseen issues that may be identified during the preparation of the Village Two EIR.
Attachments
1. Three-Party Agreement between the City of Chula Vista, RECON, and Otay Project, L.P.
J:~PlanningSMarisa\Projects\Otay Ranch\Village 2\RECON A 113 Village 2.doc
RESOLUTION NO. 2002--
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A THREE-PARTY AGREEMENT BETWEEN THE CITY OF
CHULA VISTA; RECON, CONSULTANT; AND OTAY PROJECT, LP.,
APPLICANT FOR CONSULTING SERVICES RELATED TO THE
PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT (EIR) FOR
THE OT A Y RANCH VILLAGE TWO SECTIONAL PLANNING AREA PLAN
AND TENTATIVE TRACT MAP, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT.
WHEREAS, pursuant the California Environmental Quality Act (CEQA) the Environmental
Review Coordinator has determined that the proposed project requires the preparation of a EIR; and
WHEREAS, it was determined by the Director of Planning and Building that staff has neither
the available time or expertise to perform the subject work; and
WHEREAS, the Applicant has deposited or will deposit an initial sum for the consulting
services necessary for the preparation of the environmental documents as outlined in Exhibit" A"; and
WHEREAS, a Request for Proposals was distributed to 28 persons or firms included on the list
of qualified Environmental Consultants, and six proposals were received by the City; and
WHEREAS, a Selection Committee was established pursuant to Section 2.56.110 of the
Municipal Code to review the proposals and conduct interviews of the most qualified firms based on
established evaluation criteria; and
WHEREAS, the Selection Committee interviewed the top three firms and recommended the
above noted Consultant perform the required services for the City; and
WHEREAS, the Environmental Review Coordinator has negotiated the details of this
agreement in accordance with procedures set forth in Section 6.5.2 of the Environmental Review
Procedures.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
does hereby approve a three-party agreement between the City of Chula Vista; RECON,
("Consultant"), and Otay Project, LP. ("Applicant") for consulting services for preparation and
submittal of an Environmental Impact Report for the Otay Ranch Village Two SPA Plan And
Tentative Tract Map, a copy ofwhich shall be kept on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized
to execute said Agreement on behalf of the City.
Presented by
Robert A. Leiter
Director of Planning and Building
(P-if
Three-Party Agreement
Between
City of Chula Vista,
RECON Environmental Incorporated, Consultant, and
Otay Project LP., Applicant
For Consulting Work to be Rendered with regard to Applicants' Project
I. Parties.
This Agreement is made as of the reference date set forth in Exhibit A, for the purposes of
reference only, and effective as of the date last executed by the parties hereto, between the City of
Chula Vista ("City") herein, a municipal corporation ofthe State ofCalifomia, the person designated
on the attached Exhibit A as "Consultant", RECON Environmental Incorporated (herein after
referred to as "RECON") whose business form and address are indicated on the attached Exhibit A,
and the persons collectively designated on the attached Exhibit A as "Applicant", Otay Project L.P.
whose business forms and addresses are indicated on the attached Exhibit A, and is made with
reference to the following facts:
2. Recitals, Warranties and Representations.
2.1. Warranty of Ownership.
Applicant warrants that Applicant is the owner ofland ("Property") commonly known as, or
generally located as, described on Exhibit A, Paragraph 1, or has an option or other entitlement to
develop said Property.
2.2. Applicant desires to develop the Property with the Project described on Exhibit A,
Paragraph 2, and in that regard, has made application ("Application") with the City for approval of
the plan, map, zone, or other permits ("Entitlements") described on Exhibit A, Paragraph 3.
2.3. In order for the City to process the Application of Applicant, Workofthe general nature
and type described in Exhibit A, Paragraph 4, ("Work") will need to be completed.
2.4. City does not presently have the "in-house" staff or resources to process the application
within the time frame requested for review by the Applicant.
2.5. This agreement proposes an arrangement by which Applicant shall retain, and be liable
for the costs of retaining, Consultant, who shall perform the services required of Consultant by this
Agreement solely to, and under the direction of, the City.
2/19/02
Three-Party Agreement
Page 1
(p-5
2.6. Additional facts and circumstances regarding the background for this agreement are set
forth on Exhibit B.
3. Agreement.
NOW, THEREFORE, IT IS MUTUALLY AGREED TO AND BETWEEN THE CITY,
CONSULTANT, AND APPLICANT AS FOLLOWS:
3.1. Employment of Consultant by Applicant.
Consultant is hereby engaged by the Applicant, not the City, and at Applicant's sole cost and
expense, to perform to, and for the primary benefit of, City, and solely at City's direction, all of the
services described on the attached Exhibit A, Paragraph 4, entitled "General Nature of Consulting
Services", ("General Services"), and in the process of performing and delivering said General
Services, Consultant shall also perform to and for the benefit of City all of the services described in
Exhibit A, Paragraph 5, entitled "Detailed Scope of Work", ("Detailed Services"), and all services
reasonably necessary to accomplish said General Services and Detailed Scope of Work, and shall
deliver such documents required ("Deliverables") herein, all within the time frames herein set forth,
and in particular as set forth in Exhibit A, Paragraph 6, and if none are set forth, within a reasonable
period of time for the diligent execution of Consultant's duties hereunder. Time is ofthe essence of
this covenant.
The Consultant does hereby agree to perform said General and Detailed Services to and for
the primary benefit of the City for the compensation herein fixed to be paid by Applicant.
In delivering the General and Detailed Services hereunder, the Consultant shall do so in a
good, professional manner consistent with that level of care and skill ordinarily exercised by
members of the profession currently practicing under similar conditions and in similar locations, at
its own cost and expense except for the compensation and/or reimbursement, if any, herein promised,
and shall furnish all of the labor, technical, administrative, professional and other personnel, all
supplies and materials, machinery, equipment, printing, vehicles, transportation, office space and
facilities, calculations, and all other means whatsoever, except as herein otherwise expressly
specified to be furnished by the City or Applicant, necessary or proper to perform and complete the
work and provide the Services required of the Consultant.
3.2. Compensation of Consultant.
Applicant shall compensate Consultant for all services rendered by Consultant without regard
to the conclusions reached by the Consultant, and according to the terms and conditions set forth in
Exhibit C adjacent to the governing compensation relationship indicated by a "checkmark" next to
the appropriate arrangement, by paying said amount to the City, within 15 days of Consultant's
billing, or in accordance with the security deposit provisions of Paragraph 3.3 and Exhibit C, if
2/19/02
Three-Party Agreement
Page 2
{O-Io
checked, and upon receipt of such payment by the City, City shall promptly, not later than 15 days,
or in accordance with the Bill Processing procedure in Exhibit C, if checked, pay said amount to the
Consultant. City is merely acting in the capacity as a conduit for payment, and shall not be liable for
the compensation unless it receives same from Applicant. Applicant shall not make any payments
of compensation or otherwise directly to the Consultant.
3.2.1. Additional Work. If the Applicant, with the concurrence of City, determines
that additional services ("Additional Services") are needed from Consultant ofthe type Consultant
is qualified to render or reasonably related to the Services Consultant is otherwise required to
provide by this Agreement, the Consultant agrees to provide such additional services on a time and
materials basis paid for by Applicant at the rates set forth in Exhibit C, unless a separate fixed fee is
otherwise agreed upon in writing for said Additional Work between the parties.
3.2.2. In the event that the City shall determine that additional work is required to be
performed above and beyond the scope of work herein provided, City will consult with Applicant
regarding the additional work, and if thereupon the Applicant fails or refuses to arrange and pay for
said Additional Services, the City may, at its option, suspend any further processing of Applicant's
Application until the Applicant shall deposit the City's estimate of the costs ofthe additional work
which the City determines is or may be required. Applicant shall pay any and all additional costs for
the additional work.
3.2.3. Reductions in Scope of Work. City may independently, or upon request from
Consultant, from time to time reduce the Services to be performed by the Consultant under this
Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the
purpose of negotiating a corresponding reduction in the compensation associated with said reduction.
Upon failure to agree, the Fixed Fee may be unilaterally reduced by the City by the amount of time
and materials budgeted by Consultant for the Services deleted.
3.3. Security for Payment of Compensation by Applicant.
3.3.1. Deposit. As security for the payment of Consultant by Applicant, Applicant
shall, upon execution of this Agreement, deposit the amount indicated on Exhibit C as "Deposit
Amount" with the City, as trustee for Consultant, the conditions of such trust being as indicated on
Exhibit C and as hereinbelow set forth:
3.3.1.1 Other Terms of Deposit Trust.
3.3.1.1.1. City shall also be entitled to retain from said Deposit all
costs incurred by City for which it is entitled to compensation by law or under the terms of this
agreement.
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3.3.1.1.2. All interest earned on the Deposit Amount, if any, shall
accrue to the benefit of, and be used for, Trust purposes. City may, in lieu of deposit into a separate
bank account, separately account for said deposit in one or more of its various bank accounts, and
upon doing so, shall proportionately distribute to the Deposit Trust, the average interest earned
during the period on its general fund.
3.3.1.1.3. Any unused balance of Deposit Amount, including any
unused interest earned, shall be returned to Applicant not later than 30 days after the termination of
this Agreement and any claims resulting therefrom.
3.3.1.1.4. Applicant shall be notified within 30 days after ofthe use of
the Deposit in any manner. Nothing herein shall invalidate use ofthe Deposit in the manner herein
authorized.
3.3.1.1.5. At such time as City shall reasonably determine that
inadequate funds remain on Deposit to secure future compensation likely due Consultant or City,
City may make demand of Applicant to supplement said Deposit Amount in such amount as City
shall reasonably specifY, and upon doing so, Applicant shall, within 30 days pays said amount
("Supplemental Deposit Amount") to City. Said Supplement Deposit Amount or Amounts shall be
governed by the same terms of trust governing the original Deposit.
3.3.2. Withholding of Processing. In addition to use of the Deposit as security, in
order to secure the duty of Applicant to pay Consultant for Services rendered under this agreement,
City shall be entitled to withhold processing of Applicant's Application upon a breach of Applicant's
duty to compensate Consultant.
4. Non-Service Related Duties of Consultant.
4.1. Insurance.
Consultant represents that it and its agents, staff and subconsultants employed by it in
connection with the Services required to be rendered, are protected against the risk of loss by the
following insurance coverages, in the following categories, and to the limits specified, policies of
which are issued by Insurance Companies that have a Best's Rating of"A, Class V" or better, or shall
meet with the approval of the City:
4.1.1. Statutory Worker's Compensation Insurance and Employer's Liability
Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 10.
4.1.2. Commercial General Liability Insurance including Business Automobile
Insurance coverage in the amount set forth in Exhibit A, Paragraph 10, combined single limit applied
separately to each project away from premises owned orrented by Consultant, which names City and
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Applicant as an Additional Insured, and which is primary to any policy which the City may
otherwise carry ("Primary Coverage"), and which treats the employees of the City and Applicant in
the same manner as members of the general public ("Cross_liability Coverage").
4.1.3; Errors and Omissions insurance, in the amount set forth in Exhibit A,
Paragraph 1 0, unless Errors and Omissions coverage is included in the General Liability policy.
4.2. Proof ofInsurance Coverage.
4.2.1. Certificates of Insurance. Consultant shall demonstrate proof of coverage
herein required, prior to the commencement of services required under this Agreement, by delivery
of Certificates ofInsurance demonstrating same, and further indicating that the policies may not be
canceled without at least thirty (30) days written notice to the Additional Insured.
4.2.2. Policy Endorsements Required. In order to demonstrate the Additional Insured
Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial
General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City and
Applicant demonstrating same.
4.3. Public Statements.
All public statements and releases to the news media shall be the responsibility of the City
and the Applicant. The Consultant shall not publish or release news items, articles or present
lectures on the Project, either during the course of the study or after its completion, except on written
concurrence of the City and Applicant.
4.4. Communication to Applicant.
Consultant shall not communicate directly to the Applicant except in the presence ofthe City,
or by writing an exact copy of which is simultaneously provided to City, except with the express
consent of City. The Consultant may request such meetings with the Applicant to ensure the
adequacy of services performed by Consultant.
5. Non-Compensation Duties ofthe Applicant.
5.1. Documents Access.
The Applicant shall provide to the Consultant, through the City, for the use by the Consultant
and City, such documents, or copies of such documents requested by Consultant, within the
possession of Applicant reasonably useful to the Consultant in performing the services herein
required of Consultant, including but not limited to those described in Exhibit A, Paragraph 7.
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5.2. Property Access.
The Applicant hereby grants permission to the City and Consultant to enter and access the
Property, to take any borings, make any tests, conduct any surveys or reconnaissance necessary to
deliver the Services of Consultant, subject to the approval of the Applicant. Consultant shall
promptly repair any damage to the subject property occasioned by such entry and shall indemnifY,
defend, and hold Applicant harmless from all loss, cost, damage, expenses, claims, and liabilities in
connection with or arising from any such entry and access.
5.3. Communication to Consultant.
Applicant shall not communicate directly to the Consultant except in the presence ofthe City,
or by writing an exact copy of which is simultaneously provided to City, except with the express
consent of City. The Applicant may request such meetings as they desire with the Consultant to
ensure the adequacy of services performed by Consultant.
6. Administrative Representatives.
Each party designates the individuals (" Administrators") indicated in Exhibit A, Paragraph 8,
as said party's contract administrator who is authorized by said party to represent them in the routine
administration of this agreement.
7. Conflicts ofInterest.
7.1. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 9, as an "FPPC filer", Consultant is
deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and
disclosure provisions, and shall report his economic interests to the City Clerk on the required
Statement of Economic Interests in such reporting categories as are specified in Paragraph 9 of
Exhibit A, or if none are specified, then as determined by the City Attorney.
7.2. Decline to Participate.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make,
or participate in making or in any way attempt to use Consultant's position to influence a
govenunental decision in which Consultant knows or has reason to know Consultant has a Iinancial
interest other than the compensation promised by this Agreement.
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7.3. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and
represents that Consultant has diligently conducted a search and inventory of Consultant's economic
interests, as the term is used in the regulations promulgated by the Fair Political Practices
Commission, and has determined that Consultant does not, to the best of Consultant's knowledge,
have an economic interest which would conflict with Consultant's duties under this Agreement.
7.4. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants
and represents that Consultant will not acquire, obtain, or assume an economic interest during the
term of this Agreement which would constitute a conflict of interest as prohibited by the Fair
Political Practices Act.
7.5. Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants
and represents that Consultant will immediately advise the City Attorney of City if Consultant learns
of an economic interest of Consultant's which may result in a conflict of interest for the purpose of
the Fair Political Practices Act, and regulations promulgated thereunder.
7.6. Specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant, nor Consultant's immediate
family members, nor Consultant's employees or agents ("Consultant Associates") presently have any
interest, directly or indirectly, whatsoever in the property which is the subject matter of the Project,
or in any property within 10 radial miles from the exterior boundaries of the property which is the
subject matter of the Project, or ("Prohibited Interest").
Consultant further warrants and represents that no promise of future employment,
remuneration, consideration, gratuity or other reward or gain has been made to Consultant or
Consultant Associates by Applicant or by any other party as a result of Consultant's performance of
this Agreement. Consultant promises to advise City of any such promise that may be made during
the Term ofthis 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.
Consultant may not conduct or solicit any business for any party to this Agreement, or for
any third party which may be in conflict with Consultant's responsibilities under this Agreement.
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8.
Default of the Consultant for Breach.
This agreement may be terminated by the City for default if the Consultant breaches this
agreement or if the Consultant refuses or fails to pursue the work under this agreement or any phase
of the work with such diligence which would assure its completion within a reasonable period of
time. Termination of this agreement because of a default of the Consultant shall not relieve the
Consultant from liability of such default.
9.
City's Right to Terminate Payment for Convenience, Documents.
9.1. Notwithstanding any other section or provision of this agreement, the City shall have
the absolute right at any time to terminate this agreement or any work to be performed pursuant to
this agreement.
9.2. In the event oftermination of this agreement by the City in the absence of default of
the Consultant, the City shall pay the Consultant for the reasonable value of the services actually
performed by the Consultant up to the date of such termination, less the aggregate of all sums
previously paid to the Consultant for services performed after execution ofthis agreement and prior
to its termination.
9.3. The Consultant hereby expressly waives any and all claims for damage or
compensation arising under this agreement, except as set forth herein, in the event of such
termination.
9.4. In the event of termination of this agreement, and upon demand of the City, the
Consultant shall deliver to the City, all field notes, surveys, studies, reports, plans, drawings and all
other materials and documents prepared by the Consultant in performance of this agreement, and all
such documents and materials shall be the property of the City; provided however, that the
Consultant may retain copies for their own use and the City shall provide a copy, at Applicant's cost,
of all such documents to the Applicant.
9.5. Applicant shall have no right to terminate Consultant, and shall not exercise any control
or direction over Consultant's work.
10.
Administrative Claims Requirement and Procedures.
No suit shall be brought arising out ofthis agreement, against the City, unless a claim has
first been presented in writing and filed with the City of Chula Vista and acted upon by the City of
Chula Vista in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal
Code, the provisions of which are incorporated by this reference as if set fully set forth herein.
2/1 9102
Three-Party Agreement
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11.
Hold Harmless and Indemnification.
11.1. Consultant to Indemnify City reo Injuries.
Consultant shall defend, indemnifY, protect and hold harmless the City, its elected and
appointed officers and employees and Applicant 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 employees, subcontractors, or others of City or Applicant in connection
with the execution of the work covered by this Agreement, except only for those claims arising from
the sole negligence or sole willful misconduct ofthe City, its officers, or employees, or Applicant,
Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and liability
incurred by the City, its officers, agents, or employees or Applicant in defending against such claims,
whether the same proceed to judgment or not. Further, Consultant at its own expense shall, upon
written request by the City or Applicant, defend any such suit or action brought against the City, its
officers, agents, or employees or Applicant. Consultants' indemnification of City and Applicant
shall not be limited by any prior or subsequent declaration by the Consultant.
11.2. Applicant to Indemnify City reo Compensation of Consultant.
Applicant agrees to defend, indemnifY and hold the City harmless against and from any and
all claims, losses, damages, expenses or expenditures of City, including its elected officials, officers,
employees, agents, or representatives ofthe City ("City Indemnitees"), in any way resulting from or
arising out of the refusal to pay compensation as demanded by Consultant for the performance of
services required by this Agreement.
12. Business Licenses.
Applicant agrees. to obtain a business license from the City and to otherwise comply with
Chula Vista Municipal Code, Title 5. Applicant further agrees to require Consultant to obtain such
business license and to comply with Chula Vista Municipal Code, Title 5.
13. Miscellaneous.
13.1. Consultant not authorized to Represent City.
Unless specifiea1ly authorized in writing by City, neither Consultant nor Applieant sha1l have
authority to act as City's agent to bind City to any contractual agreements whatsoever.
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13.2. Notices.
All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any party shall be
deemed to have been properly given or served ifpersonally served or deposited in the United States
mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested,
at the addresses identified for the parties in Exhibit A.
13.3. Entitlement to Subsequent Notices.
No notice to or demand on the parties for notice of an event not herein legally required to be
given shall in itself create the right in the parties to any other or further notice or demand in the
same, similar or other circumstances.
13.4. Entire Agreement.
This Agreement, together with any other written document referred to or contemplated
herein, embody the entire Agreement and understanding between the parties relating to the subject
matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived
or discharged except by an instrument in writing executed by the party against which enforcement of
such amendment, waiver or discharge is sought.
13.5. Capacity of Parties.
Each signatory and party hereto hereby warrants and represents to the other party that it has
legal authority and capacity and direction from its principal to enter into this Agreement; that all
resolutions or other actions have been taken so as to enable it to enter into this Agreement.
13.6. Governing 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 ofChula Vista.
13.7. Modification.
No modification or waiver of any provision of this Agreement shall be effective unless the
same shall be in writing and signed by the parties hereto, and then shall be valid only in the specific
instance and for the purpose for which given.
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13.8. Counterparts.
This Agreement may be executed in more than one counterpart, each of which shall be
deemed to be an original but all of which, when taken together shall constitute but one instrument.
13.9. Severability.
In the event that any provision of this Agreement shall for any reason, be determined to be
invalid, illegal, or unenforceable in any respect, the parties hereto shall negotiate in good faith and
agree to such amendments, modifications, or supplements to this Agreement or such other
appropriate action as shall, to the maximum extent practicable in light of such determination,
implement and give effect to the intentions of the parties as reflected herein.
13.10. Headings.
The captions and headings in this Agreement are for convenience only and shall not define or
limit the provisions hereof.
13.11. Waiver.
No course of dealing or failure or delay, nor the single failure or delay, or the partial exercise
of any right, power or privilege, on the part of the parties shall operate as a waiver of any rights
herein contained. The making or the acceptance of a payment by either party with knowledge ofthe
existence of a breach shall not operate or be construed to operate as a waiver of any such breach.
13.12. Remedies.
The rights of the parties under this Agreement are cumulative and not exclusive of any rights
or remedies which the parties might otherwise have unless this Agreement provides to the contrary.
13.13. No Additional Beneficiaries.
Despite the fact that the required performance under this agreement may have an affect upon
persons not parties hereto, the parties specifically intend no benefit therefrom, and agree that no
performance hereunder may be enforced by any person not a party to this agreement.
Notwithstanding the foregoing, this is a three party agreement and the City is an express third party
beneficiary of the promises of Consultant to provide services paid for by Applicant.
14. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any
other materials or properties produced under this Agreement shall be the sole and exclusive property
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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 umestricted 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.
(End of Page. Next Page is Signature Page.)
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Signature Page To
Three-Party Agreement
Between
City of Chula Vista,
RECON, Consultant, and
Otay Project, L.P., Applicant
For Consulting Work to be Rendered with regard to Applicants' Project
(Page lof2)
NOW THEREFORE, the parties hereto, having read and understood the terms and conditions
of this agreement, do hereby express their consent to the terms hereof by setting their hand hereto
on the date set forth adjacent thereto.
Dated:
City ofChula Vista
By:
Shirley Horton, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to Form:
John M. Kaheny, City Attorney
Dated:
February 15, 2002
Consultant: RECON Environmental Inc.
By:
~.
Charles S. Bull, President
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Three-Party Agreement
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Signature Page To
Three-Party Agreement
Between
City of Chula Vista,
RECON, Consultant, and
Otay Project L.P., Applicant
For Consulting Work to be Rendered with regard to Applicants' Project
(page 2 of2)
Dated: 1Je-f¡. ¡c¡ I ;)-0 D J...
Applicant:
:YP~~
Vt~ê Pf.tS/d{ I'd
Title:
By:
Title:
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Three-party Agreement
Page 14
to -¡r¡
Exhibit A
Reference Date of Agreement:
February 26, 2002
Effective Date of Agreement:
Date of City Council Approval of Agreement
City:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Consultant:
RECON Environmental, Inc.
Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
Address:
1927 Fifth Avenue, Suite 200
San Diego, CA 92101-2358
Applicant:
Otay Project L.P.
Business Form of Applicant:
( ) Sole Proprietorship
( ) Partnership
( ) Corporation
(X) Other: A California Limited Liability Company
Address:
350 West Ash Street, Suite 730
San Diego, CA 92101
I. Property (Commonly known address or General Description):
The property is eommonly known as the Otay Ranch Village Two. It consists of approximately 726-
acres of undeveloped land in the eastern portion ofthe City ofChula Vista. The project is located in
the Otay Valley parcel of the Otay Ranch General Development Plan (GDP) project area and is
surrounded by the Otay Landfill on the west, Otay Ranch Village One (Heritage) on the north, future
Otay Ranch Village Six on the east and future Otay Ranch Village Four on the South.
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2. Project Description ("Project"):
The project consists ofthe preparation of a Second-Tier Environmental Impact Report (EIR) for the
Otay Ranch Village Two SPA Plan and Tentative Tract Map. The Otay Ranch Village Two SPA
Plan would refine the goals objectives, and policies ofthe Otay Ranch General Development Plan.
The SPA Plan would include single and multiple family residential, commercial, industrial,
community purpose facilities, community parks, an elementary school and fire station. The SPA
Plan includes two alternatives (herein after referred to as Alternative One and Alternative Two). The
primary difference in the Alternative plans is that Alternative One includes residential land uses
adjacent to the Otay Landfill and in Alternative Two residential land uses would be buffered from
the Otay Landfill by a one thousand (1,000) foot nuisance easement for industrial land uses. The
proposed number of units to be analyzed in the EIR may be influenced by the inclusion of a transit
line within the Project.
3. Entitlements applied for:
Proposed discretionary actions for the Property include the following:
1. An amendment to the City ofChula Vista General Plan (GPA);
2. An amendment to the Otay Ranch General Development Plan (GDP);
3. An amendment to the Phase One and Two Resource Management Plan (RMP);
4. An amendment to the County of San Diego Otay Subregional Plan (SRP);
5. Adoption of a Sectional Planning Area (SPA) Plan; and
6. Tentative Tract Map
4. General Nature of Consulting Services ("Services--General"):
RECON shall prepare an EIR for Otay Ranch Village Two SPA Plan and Tentative Tract Map to the
satisfaction of the Environmental Review Coordinator and to meet State and City environmental
review requirements. The EIR shall be a second "tier" ErR from the Final Otay Ranch Program EIR
#EIR 90-01) and Sphere ofInfluence Update EIR (#EIR 94-03), Otay Ranch Sectional Planning
Area One Final Second-Tier Environmental Impact Report (#EIR 95-01), Otay Ranch SPA One And
GDP Amendments Final Second-Tier Environmental Impact Report (#EIR 97-03) (hereinafter
collectively referred to as the "previous EIRs").
5. Detailed Scope of Work ("Detailed Services"):
RECON shall prepare a Second-Tier Environmental Impact Report (EIR) for the Otay Ranch Village
Two and Tentative Tract Maps in accordance with the California Environmental Quality Act
(CEQA). RECON shall also work closely with the City ofChula Vista staff to ensure that the EIR
for the Otay Ranch Village Two EIR shall meet all ofthe City's needs. The EIR must comply with
the current California Environmental Quality Act (CEQA) of 1970 (Public Resources Code Section
21000 et seq.); the current State CEQA guidelines (California Administration Code section 15000 et
seq.); the Environmental Review Procedures of the City of Chula Vista; and the regulations,
requirements, and procedures of any responsible public agency or any agency with jurisdiction by
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Three-Party Agreement
Page 16
law. All Detailed Services described herein shall be performed by RECON to the satisfaction ofthe
City's Environmental Review Coordinator.
RECON shall consult with all trustee and responsible agencies, agencies having jurisdiction by law
and any other person or organization having control over or interest in the proposed project as
necessary, to ensure that the EIR is current and complete as to issues raised by such agencies.
The Draft and Final EIR shall be prepared in such a manner that they will be meaningful and useful
to decision-makers and to the public. Technical data is to be summarized in the body ofthe report
and placed in an appendix. All documents shall be prepared in Microsoft Word 2000.
The EIR shall be prepared to include the required sections of an EIR, as set forth in applicable law
including State CEQA Guidelines Section 15122 - 15131. The document shall be formatted as
directed by the City and shall include, but not be limited to the following sections:
Table of Contents
Executive Summary
Introduction
Project Description
. Environmental Setting
Environmental Impact Analysis
Cumulative Impacts
Growth Inducing Impacts
Alternatives
Mitigation Monitoring & Reporting Program
. Irreversible Environmental Changes
Effects Found not to be Significant
. References, Persons and Agencies Contacted and EIR Preparation
RECON shall compile supporting documents into separate volume(s) to be referred to as the
Appendices to the EIR. The Appendices shall include the Notice of Preparation (NOP), responses to
the NOP and any technical reports and relevant technical information generated for the EIR
SPECIFIC TASK DESCRIPTION:
In providing environmental services for the Otay Ranch Village Two EIR, RECON shall perform the
following tasks:
Task 1- Initial Study and Notice of Preparation
Task la: Review of Existing Documents
RECON will review previous documents that have been prepared for the Otay Ranch
General Development Plan Project, including, but not limited to:
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1. Otay Ranch General Development Plan, dated October 1993, and as amended June
1996.
2. Final Program Environmental Impact Report (EIR 90-01) for the Otay Ranch
General Development Plan, prepared by Ogden, dated December 1992.
3. Otay Ranch Sectional Planning Area One Plan and Annexation Final Second Tier
Environmental Impact Report (EIR 95-01), prepared by CottonlBeland/ Associates,
dated April 1996.
4. Final Second Tier Environmental Impact Report for the Proposed Otay Ranch
Sectional Planning Area One and GDP/SRP Amendments (EIR 97-03).
5. Final Second Tier Environmental Impact Report for the General Development Plan
Amendment/Village II Sectional Planning Area, Conceptual Tentative Map (EIR 01-
02), prepared by the City ofChula Vista, dated September 2001.
6. Draft Second Tier Environmental Impact Report for Otay Ranch Village Six
Sectional Planning Area (SPA) Plan, prepared by RECON, dated September 2001.
7. Transportation Technical Appendix, Final Program Environmental Impact Report,
FEIR 90-01, Otay Ranch General Development Plan, dated October 1993.
8. Otay Ranch SPA One Transportation Study prepared by Cotton/Beland/Associates,
dated September 1995. (Appendix B).
Task lb: Project Initiation
RECON will participate in the project initiation meeting for the project. As a result ofthe
project initiation meeting, the schedule outlined in this proposal will be evaluated and
coordinated with the needs of the City and the applicant, and points of contact will be clearly
identified. RECON will prepare an environmental team contact list and distribute it to all
team members. This list will provide names, phone numbers, addresses, and areas of
responsibility, and will include project applicant representatives and City staff, as well as
RECON team members.
Task lc: Initial Study
RECON will prepare a draft Initial Study (Deliverable No.1) using the environmental
checklist based on the City of Chula Vista's Environmental Checklist Form or the
Environmental Checklist Form in the State CEQA Guidelines (Appendix G) to assess the
potential environmental impacts' associated with the Project. The Environmental Checklist
will form the basis to support which issues will be addressed in detail in the EIR and which
issues have been identified as not significant and warrant no further discussion. City staff
will review the draft Initial Study and, ifneeessary provide comments to RECON. RECON
¿" - 22-
Three-Party Agreement
Page 18
shall incorporate the City's written comments and provide the City with a final Initial Study
(Deliverable No.2).
Task lc Deliverables:
1. Draft Initial Study
2. Final Initial Study
Task ld: Notice of Preparation
RECON will prepare a draft Notice of Preparation (NOP) and Environmental Checklist Form
(Deliverable No.1). City staff will review the draftNOP and, if necessary provide comments
to RECON. RECON shall incorporate the City's comments and provide the City with a final
NOP (Deliverable No.2). Comments received during the 30-day public review period will be
used to finalize the scope of the Draft EIR.
Task 1 b Deliverables:
1. Five (5) copies o/the Draft NOP and Environmental Checklist Form
2. Five (5) copies o/the Final NOP and Environmental Checklist Form
Task 2- First Screen check Draft EIR and Associated Technical Reports
RECON shall prepare a description of existing conditions for, collect data on, and analyze potential
impacts to the environmental issues identified in the project-specific Environmental Checklist Form
for the Project. The following is an outline of the contents for the Draft EIR. The preparation of
technical reports and any modeling required to complete these reports is addressed under the
individual issue discussions.
.
Introduction -- This section of the EIR will describe the project background, purpose and
need, and objectives. The introduction will also provide an overview ofthe CEQA process
and related permits and discretionary actions required for implementation of the proposed
Project.
.
Project Description -- This seetion of the EIR will describe in detail the key features ofthe
proposed Project, including the "worst case" scenario for evaluation purposes. The Village
Two SPA Plan includes two alternatives (herein after referred to as Alternative One and
Alternative Two). The primary difference in the Alternative plans is that Alternative One
includes residential land uses adjacent to the Otay Landfill and in Alternative Two residential
land uses would be buffered from the Otay Landfill by a one thousand (1,000) foot nuisance
easement for industrial land uses. Alternative One and Two will be described in the Project
description and analyzed throughout the EIR at an equal level of detail.
Optional Tasks: In addition to the Alternative One and Alternative Two analyses discussed
above, and at the discretion of the Environmental Review Coordinator, RECON may perform
one of the following optional tasks:
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RECON will analyze an alternate land use plan within the Village Two EIR, which
will includes an underlying 25-acre community park land use designation. This land
use plan will be analyzed throughout all sections of the EIR.
RECON shall analyze a proposed GDP/General Plan Amendment to remove the
adopted Community Park designation within Village Two and to re-designate a
floating Community Park designation within Village Seven. As a part of this
evaluation, RECON will describe the proposed acreages changes in Village Seven
and include a comprehensive analysis of applicable GDP and General Plan policies
and objectives, as well as a complete evaluation of all issues areas evaluated in the
EIR. RECON will be responsible for preparing and including graphics within the
EIR depicting the adopted and proposed land use changes within Villages Two and
Seven.
Environmental Setting -- This section of the EIR will present a discussion of existing
conditions within the Property and adjacent land parcels that could be affected by the
proposed development.
Environmental Issues -- This section of the EIR will present an analysis of each of the
environmental issues identified in the project-specific Environmental Initial Study. The
analysis will identify potentially significant environmental impacts that could result from
implementation of the proposed Project and proposed mitigation measures to reduce these
impacts to below a level of significance.
Specific Issnes to be Addressed in the Draft EIR:
Land Use, Planning, and Zoning
RECON will identifY and review existing plans, policies, and ordinances applicable to the Project
site. Documents to be reviewed include, but are not limited to:
The Chula Vista General Plan and all related elements
The Chula Vista Zoning Ordinance as it relates to the specific property
The Otay Ranch General Development Plan/Subregional Plan (GDP/SRP) and ErR (and
supporting documents)
County of San Diego General Plan
The land use section ofthe ErR will address impacts associated with the boundary reconfiguration
and land use changes associated with the proposed SPA relative to the adjacent planned land uses.
To address these issues, RECON will:
1.
Provide mapping that clearly depicts the adopted Chula Vista General Plan land uses, the
Otay Ranch GDPs and affected SPA plans, the Otay landfill, and City zoning designations.
RECON will also provide an aerial photograph and project vicinity map to show the existing
developed areas in Otay Ranch and the project vicinity. Describe applicable goals and
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2-
policies from the adopted Otay Ranch GDP/SRP documents and City General Plan.
Describe and assess any potential- for land use compatibility and community character
impacts from the proposed land uses. The interface of the proposed land use modifications
with the existing, approved, and future designated land uses will be addressed through a
compatibility analysis. The compatibility analysis will be based primarily on the discussions
presented in the noise, biology, traffic circulation, adopted General Plan and GDP/SRP
policies, and landform alteration/visual quality sections of the EIR.
RECON will incorporate the results of the analysis of the potential for the landfill, operated
to the immediate west of the project, to impact residential uses on the Village 2 site. An
evaluation of the potential adverse effects of placing residential uses within the I,OOO-foot
buffer established by GDP/SRP.
3.
4.
Describe the relationship ofthe proposed land use changes and policy modifications with the
adopted Otay Ranch GDP/SRP plans and policies. Assess the potential for significant land
use planning impacts associated with the proposed changes.
Develop recommendations for mitigation measures to reduce potentially significant land use
planning/community character impacts.
5.
The EIR will also evaluate the Project for compatibility with adjacent land uses and surrounding
densities; identify whether the Development has substantial conflicts with the established community
character; and identifY inconsistencies or conflicts between the Project and the goals, objectives, and
policies of any applicable plan policy, ordinance, guideline, or regulation, particularly in relation to
the Otay Ranch GDP. The EIR will evaluate the impacts of the proposed physical improvements
that could result upon implementation of the proposed development in Village Two. The EIR will
include both a plan-to-plan and a plan-to-ground land use analysis. The land use analysis will be
eontained in the EIR, and a technical report will not be prepared for this issue.
Landform Alteration/Aesthetics
Currently, the project site and project vicinity are undeveloped. Ultimate development of this area
will change its visual character. The EIR will analyze the impact of the proposed development on
existing landform and community character. A visual resource analysis will be conducted in
conjunction with a site visit evaluation. Key views will be identified and photographed within the
viewshed of the site. To document this analysis, RECON will complete the tasks listed below.
1.
Provide current color photographs of the project site from key vantage points throughout the
area to illustrate the current condition.
2.
Provide an impact discussion of the landform alteration necessary for the Project based on
the grading plan and the proposed tentative map. Describe earthwork estimates,
manufactured slope heights, and grading balance issues.
Describe the potential for any visual quality impacts from the on-site uses from area roads.
3.
4.
Discuss mitigation measures that may be required to reduce the landform alteration/aesthetic
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(P-,)S
impacts if any are identified.
This analysis will be contained in the EIR, and a separate technical report will not be prepared.
Photosimulations
RECON will prepare computer-aided photosimulations will be prepared for Alternative One and
Alternative Two. These visual simulations will create simulated views of each Project Alternative as
observed from vantage points adjacent to the site. Up to three vantage point locations for each
project alternative (Alternative One and Alternative Two) will be selected in consultation with City
planning, engineering, and landscape staff. Vantage points could include Olympic Parkway and
locations along Paseo Ranchero and La Media Road. Each simulation will include a photograph of
the existing conditions, the graded condition based on the proposed tentative map grading,
representation of the built condition pursuant to the SPA plan requirements, and a representation of
the built condition with landscaping.
RECON will create photosimulations for each project alternative (Alternative One and Alternative
Two) by computer modeling in 3-D using grading plans provided in electronic form by the
Applicant. To maintain efficiency, site detail will be limited to major slopes, pads, and streets, and
different color shading will be used to differentiate these areas. Landscaping will be limited to major
screening trees at the project perimeter or in areas where landscaping is proposed for screening. A
generic building envelope will be used to illustrate land uses on site. This generic structure will be
modified in scale, form, and color to best depict the proposed building envelopes and colors.
Photographs will be taken at each of the agreed-upon vantage points. A computer-generated view
will be created from each of the same locations that the photographs were taken. The computer-
generated view of the proposed project will be digitally inserted into the photographs using
surrounding landform and features for registration.
Transportation, Circulation, and Access
Subconsultant, Linscott, Law, and Greenspan (LLG), will complete the traffic analysis under the
direction ofRECON. LLG will first meet with City staff and the Development team to confirm the
EIR's project definition and will obtain prior traffic studies prepared for projects in the area. Based
on the project definition, LLG will conduct AMlPM peak hour traffic counts, determine the existing
AMlPM peak hour Levels of Service (LOS), and obtain the most recent street segment traffic
volumes using City, County, and Caltrans records.
LLG will then conduct a project-to-ground and plan-to-plan analysis to determine pre-project traffic
volumes at key intersections and street segments with the existing street system, add total project
traffic to the baseline condition, analyze intersections and street segments, estimate impacts, and
recommend mitigation measures as needed. In terms of cumulative traffic impacts, LLG will
determine the future year scenarios that will likely include Year 2005, 2010, 2015, 2020, and
buildout analysis. About 25 intersections and 40 to 50 street segments will be analyzed for each
scenario, including AMlPM intersection and street segment LOS for each scenario. A Congestion
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Management Plan (CMP) analysis on the key arterials and freeways will also be conducted in the
cumulative traffic analysis. Additionally, LLG will conduct an access analysis for the Development
site, a Public Facilities Financing Plan (PFFP) analysis, and will evaluate traffic impacts resulting
from the proposed project. The PFFP analysis will also contain a phasing threshold unit analysis for
the purpose of determining infrastructure timing and construction.
The draft Traffic Technical Report will be reviewed by and subject to the approval of City staff
including staff from the Traffic Engineering Section. Comments will be provided by the City to LLG
and RECON. A final Traffic Technical Report will be prepared and sununarized in the EIR. Ifthe
proposed development has significant traffic impacts, measures will be proposed to mitigate project
impacts. The Traffic Technical Report will include a separate section with the list of proposed
mitigation measures, as well as a sununary of what the levels of service (LOS) would be after
mitigation for all impacted roadway segments. A copy of the final traffic technical report will also
be included as an appendix to the EIR.
Air Quality
The analysis of air quality impacts for the EIR will be based on the state and federal ambient air
quality standards and on compatibility with the adopted air quality plan for the area. The air quality
analysis will evaluate regional impacts and localized air quality impacts, as well as construction-
related impacts.
RECON will complete an air quality analysis for the proposed project. This analysis will involve the
completion of a Caline carbon monoxide hot spot model for each circulation element roadway based
on traffic volumes developed by LLG. A receiver will be placed at a distance of 50 feet from each
circulation element roadway, and a potential exposure ]evel will be calculated.
In addition to the hot spot modeling, a regional discussion of air emissions will be developed based
on the proposed land uses. The air quality model URBEMIS will be used to project future emissions
generated by the project. This pollutant contribution will be compared to the regional air quality
conditions and an impact assessment will be made.
The modeling results will be summarized in the EIR. RECON will also prepare an air quality
technical report, which will be included as an appendix to the EIR.
Noise
Based on future site grading identified in the proposed tentative map and the traffic volumes
identified in the traffic analysis to be prepared by LLG, a noise analysis will be completed.
Community noise analysis will be completed using the Federal Highway Administration Noise
Prediction Model STAMINA 2.0 version, to determine the future community noise equivalent levels
(CNEL). The future traffic conditions will be based on the average daily trips provided in the traffic
update for the project. Where necessary, mitigation measures will be recommended, including
berms, barriers, or setbacks, to reduce noise levels to below City standards.
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Because the project includes tentative maps, specific noise analyses will be prepared. These analyses
will be completed for all circulation element roadways and will result in designs for noise barriers or
setbacks as necessary to achieve the City standards.
The results of the acoustical analysis, in the form ofa technical report, will be prepared byRECON
and provided to City staff for review. RECON will prepare the noise technical report in accordance
with the requirements of the City of Chula Vista. City staff will provide any comments on the
acoustical analysis to RECON. The results ofthe acoustical analysis will then be summarized in the
EIR and the full written technical report will be included as an appendix to the EIR.
Cultural Resources
RECON will provide a third-party review of the cultural resource report provided by the applicant
and, if necessary provide comments. RECON will review subsequent drafts of the revised cultural
resources report to ensure that all comments from staff and RECON have been adequately addressed.
RECON will incorporate the results of the final cultural resource report into the EIR.
Paleontological Resources
The Property is located within the upper sandstone unit ofthe Otay Formation, which has produced
important vertebrate fossil remains. The EIR will address paleontological impacts and recommend
mitigation including but not limited to on-site monitoring during grading, recovery and salvage of
remains in a timely manner, and methods for retaining all field notes, photographs, and maps.
Biological Resources
The majority ofthe Village Two area has been subjected to agricultural use for decades. The City's
Otay Ranch Resource Management Plan (RMP) identifies several sensitive animal species on site as
well as limited areas of coastal sage scrub habitat.
While the continuous agricultural disturbance has limited the potential for sensitive species on the
property, RECON will provide a third-party review of the biological resources report provided by the
applicant and, if necessary provide comments. RECON will review subsequent drafts ofthe revised
biological resources report to ensure that all comments from staff and RECON have been adequately
addressed. RECON will also evaluate the Village Two site in the context of the Resource
Management Plan (RMP/RMP2) prepared for the Otay Ranch GDP and for conformance with the
City's draft MSCP Plan. The results ofthe final biological report provided by the applicant will be
summarized in the ErR and the full written technical report will be included as an appendix to the
ErR.
Agricultural Resources
The Otay Ranch Program EIR found that the conversion of agriculture lands represented a
significant adverse impact. RECON will summarize the impact analysis/mitigation requirements for
agricultural resources pursuant to the Program EIR, and evaluate the Agricultural Plan prepared as
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part of the SPA plan.
Hydrology, Drainage, and Urban Stormwater Runoff
This section of the EIR will be prepared based on the drainage studies provided by the project
applicants. The drainage plans will be reviewed and approved by the City of Chula Vista
Engineering Department and incorporated into the EIR. RECON will complete the tasks listed
below:
1.
Review the existing hydrology and drainage information contained in the previous Program
EIR, adjacent Otay Ranch Village SPA Plan EIRs, and other secondary sources in order to
describe the existing watershed/floodplain, storm drains, drainage improvements, and
detention features that exist or are planned within the project area. RECON will also, contact
the City ofChula Vista Engineering Department to verifY the current status of planned and
approved drainage improvements in the project area.
2.
Based on information provided by the Applicant prepared in conjunction with the SPA Plan
and tentative map/grading plan, RECON will determine the potential for on- and off-site
hydrologic impacts associated with the proposed project. RECON will also, describe any
modifications to the drainage features that would be anticipated to accommodate the
proposed land use changes.
3.
Describe necessary National Pollutant Discharge Elimination System (NPDES) permitting
requirements and best management practices (BMPs) based on consultation with the City of
Chula Vista Engineering Department. A list of BMPs appropriate and drainage fee
requirements for the project will be included as mitigation measures in the EIR. The
mitigation measures will be developed consistent with Order No. 2001-01 (NPDES No.
CASOIO8758).
Geology and Soils
The geology and soils section of the draft EIR will be prepared based on the geotechnical studies
provided by the project applicant to the City ofChula Vista. RECON will review the technical study
prepared for the project and summarize the results in the geology and soils section of the EIR.
Recommendations for detailed geotechnical evaluations and possible mitigation alternatives (e.g.,
deep foundations, stone columns) will be included in the EIR.
Public Services and Utilities
The EIR will document available services. A log of all contacts will be made and references will be
included in the EIR. RECON will complete the following tasks:
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I.
Obtain the PFFP and incorporate a discussion of phasing of facilities development into the
EIR.
2.
Discuss park and recreation, library, schools, solid waste, gas, and electricity demands, and
assess the adequacy offacilities. Describe mitigation measures, if necessary.
Contact the City of Chula Vista Engineering Department and the project engineer to
document the current capacity/sizing of the sewer lines, current sewage generation rates for
residential use, and any additional sewer facilities in the project area that were discussed in
previous EIRs.
3.
4.
Describe the sewage to be generated by the project and discuss any potential sewer capacity
impacts and mitigation measures, if necessary.
Contact the Otay Water District to assess the issues associated with the provision ofpotable
and reclaimed water. Summarize the impact and mitigation requirements technical studies
for water and recycled water provided by the project applicants in the body of the EIR.
RECON will discuss Senate Bill 221 as it may apply to this project. This legislation pertains
to the requirement for written verification of water supplies for tentative maps of more than
500 dwelling units.
Based on review of existing documents and contact with the Chula Vista police and fire
departments, describe current and anticipated response times, facilities, and personnel.
Determine whether the project will comply with the City of Chula Vista Thresholds
Standards Policy and describe mitigation measures that would be required for the project.
5.
6.
The EIR analysis will address services and facilities related to sewer and water, police, fire,
emergency medical service, recreation, schools, library, solid waste disposal, gas and electricity, and
telephone and cable. Other public facilities, such as transportation and drainage facilities, will be
appropriately referenced. In addition, the need for on-site and off-site public facility improvements
will be identified, impacts to public services and utilities will be assessed, and appropriate
mitigation, ifrequired, will be recommended.
RECON will also prepare and distribute public service letters to all public service providers that are
planned to serve the Village Two project. The responses to these letters, as well as the information
contained in the PFFP, will be summarized in the EIR text. No technical report will be prepared for
this issue.
Compliance with City Threshold and Standards Policy and Findings of Fact
In an effort to preserve the City's quality oflife, the City adopted a Growth Management Ordinance
(Chapter 19.09 of the Municipal Code) that contains Quality of Life Threshold Standards for 11
facilities and improvements. These include fire and emergency medical service, police, traffic, parks
and recreation, drainage, libraries, air quality, economics, schools, and sewer and water. The scope
of work for this section of the EIR will include the following:
1.
Describe the City's threshold goals and standards for each of the 11 facilities.
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2.
Based on the analyses presented in the public services and facilities section of the EIR,
summarize the project's consistency with the established thresholds standards and determine
if the requirements have been satisfied.
Alternatives
RECON will examine a reasonable range of alternatives that could feasibly attain the basic
development objectives, including alternatives that could reduce significant environmental effects as
identified in the environmental analysis of the project.
This section of the EIR will include the two scenarios for the No Project Alternative and
development consistent with the existing plan. In addition, a range of other alternatives may be
included that achieve the objectives ofthe project while reducing the impacts identified in the body
of the EIR. These alternatives will be developed during the project initiation phase and will be
refined in conjunction with the assessment of potential impacts and needed mitigation during the
environmental review process. Each alternative analyzed in the EIR will include a "plan-to-ground"
and "plan-to-plan" analysis.
Cumulative Impacts
The cumulative discussion in the EIR will include projects currently approved and reasonably
anticipated in this area. This section ofthe EIR will consider and describe adopted plans and polices
that are in place which would mitigate cumulative impacts, and will be consistent with the
cumulative analyses presented in the recently approved EIRs for Otay Ranch Villages 6 and 11, and
EastLake III, and the currently initiated Village 12 review. Indirect cumulative impacts and
compliance with the City ofChula Vista's adopted Threshold Standards and other applicable policies
and programs will also be evaluated.
Other Mandatory CEQA Sections
RECON will address all required CEQA sections, including all sections outlined above, in addition
to other mandatory sections, including Growth Inducement and Effects Not Found to be Significant.
The proposed Project will be evaluated for its potential to induce economic or population growth
through construction of additional housing in the surrounding environment, or by the provision of
community services and facilities to serve new development. RECON wiJl also provide a summary
of those Effects Found Not to be Significant, with rationale provided as to how the conclusion of
non-significance was reached. Additionally, Irreversible Environmental Changes will be discussed,
as will Unavoidable Significant Impacts.
Task 2: Deliverables
1. Twenty-five (25) copies of the First Screen check Draft EIR and Technical
Appendices, provided in three-ring binders. The First Screencheck Draft E1R
shall be prepared in Microsoft Word 2000 and shall be printed at 1.5 spacing.
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Task 3 - Second Screen check Draft EIR
RECON will address City staff and legal counsel comments on the First Screencheck EIR
and prepare and submit twenty-five (25) copies of the Second Screencheck Draft EIR to the
City for review and comment.
Task 3: Deliverables
1. Twenty-five (25) copies of the Second Screencheck Draft EIR and Technical
Appendices, provided in three-ring binders. The Second Screen check Draft EIR
shall be prepared in Microsoft Word 2000 and shall be printed at 1.5 spacing.
Task 4 - Third Screen check (Administrative) Draft EIR
RECON will address City staff and legal counsel comments on the Second Screencheck
Draft EIR and prepare and submit five (5) copies of the Third Screencheck (Administrative)
Draft EIR to the City for review and comment.
Task 4: Deliverables
1. Five (5) copies of the Third Screen check Draft EIR and Technical Appendices,
provided in three-ring binders. The Third Screencheck Draft EIR shall be
prepared in Microsoft Word 2000 and shall be printed at single spacing.
Task 5 - Public Review Draft EIR/NOAINOC
RECON will incorporate City staff and legal counsel comments on the Third Screencheck
(Administrative) Draft EIR and then prepare the public review Draft EIR acceptable to the
City's Environmental Review Coordinator. RECON will also prepare the Notice of
Availability (NOA) and Notice of Completion (NOC).
Task 5: Deliverables
1. Seventy-five (75) copies each of the NOA, NOC, Draft EIR and Appendices,
including ten (J 0) copies of the documents provided in three-ring binders and the
remainder bound.
Task 6 - Candidate Draft CEQA Findings of Fact/Statement of Overriding Considerations (SOC)
RECON will prepare Draft Candidate CEQA Findings of Fact and, if necessary, a Statement
of Overriding Considerations for review by City of Chula Vista staff and legal counsel. The
Findings will specify which mitigation measures have been incorporated into the project and
those measures that have not, and will explain why certain measures have been found to be
infeasible. The Findings will also identifY feasible project alternatives that could reduce
adverse environmental effects but are not being implemented, with an explanation as to why
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they are considered to be infeasible.
Task 6: Deliverables
1. Five (5) copies of the draft Candidate Findings of Fact and Statement of
Overriding Considerations.
Task 7 - Response to Comments/Final EIRlMMRP/NOD
Task 7a: Responses to Comments
Following the close of public review, RECON will meet with City staff and review all
comments received. RECON shall prepare draft responses to comments and associated
revisions to the Draft EIR. RECON will submit five (5) copies of the draft responses to
comments and amended EIR sections to the City for review by City ofChula Vista staff and
legal counsel.
RECON shall revise the draft responses to comments and amended EIR sections based on
comments submitted by City staff and legal counsel. RECON shall then submit the revised
draft responses to comments and amended EIR sections for review by the City. Any changes
to the responses to comments and amended EIR sections shall be subject to the approval of
the City's Environmental Review Coordinator. If additional studies or analyses are
requested by the City as a result of the comments received, RECON shall complete those
studies based on the receipt of authorization from the City's Environmental Review
Coordinator.
Task 7a: Deliverables
1. Five (5) copies of the draft responses to comments and associated
revisions to the Draft E1R
2. Five (5) copies of the revised draft responses to comments and associated
revisions to the Draft EIR
Task 7b: Mitigation Monitoring and Reporting Program
The Mitigation Monitoring and Reporting Program (MMRP) will be developed at the draft
EIR stage and finalized after the close of public review. It will list and identify specific
monitoring activities that would be required on an issue-by-issue basis, and will establish a
reporting system and criteria for evaluating the success of the mitigation measures. In
addition, the MMRP will outline the appropriate time for mitigation of impacts, such as
grading permits, final maps, landscape plans, or other discretionary actions.
Task 7b: Deliverables
1. One (1) copy of the draft MMRP
2. One (1) copy of the final MMRP (finalized after the close of public
review)
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2/19/02
Task 7c: Final Candidate CEQA Findings of Fact and Statement of Overriding
Considerations
Should the City determine that additional changes are needed to the draft Candidate CEQA
Findings of Fact and Statement of Overriding Considerations as a result of the comments
received during the public review period, RECON shan revise the draft Candidate Findings
of Fact and Statement of Overriding Considerations to incorporate these changes. Any
changes to the Findings ofF act and Statement of Overriding Considerations shall be subject
to the approval of the City's Environmental Review Coordinator.
Task 7c: Deliverables
1. Five (5) copies of the final Candidate CEQA Findings of Fact and
Statement of Overriding Considerations
Task 7d: Final EIR
RECON will prepare a Final EIR, MMRP, Appendices, Candidate CEQA Findings of Fact
and Statement of Overriding Considerations (if applicable) and the Mitigation Monitoring
and Reporting Program (MMRP). RECON will provide seventy-five (75) copies of the final
EIR and seventy-five (75) copies ofthe EIR technical appendices to the City. RECON will
also submit a full version of the Final EIR in electronic format (Microsoft Word). In
addition, a draft Notice of Determination (NOD) and California Department of Fish and
Game (CDFG) fee certification letter for the project shall be submitted by RECON to the
City in preparation for filing with the County Clerk's office, upon project approval.
Task 7d: Deliverables
1. Seventy-five (75) copies of the Final EIR, MMRP, Appendices, and Candidate
CEQA Findings and Statement of Overriding Considerations (if applicable),
including ten (10) copies of the Final E1Rprovided in three-ring binders and the
remainder bound. One (1) copy of a draft NOD and CDFG fee certification
letter.
2. One (1) reproducible master copy of the Final EIR suitable for reproduction on
City equipment and not three-hole punched; and One (1) computer disk copy or
CD ROM version of the Final E1R and related documents that can be read by
Microsoft Word 2000.
Task 8 - Hearing/Meetings
Charles Bun, Project Manager will attend, at the direction of the City's Environmental
Review Coordinator, project team meetings throughout the Project duration. These
include the following meetings:
Project initiation meeting;
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.
Project workshop;
Scoping Meeting;
Weekly meetings with City staff;
Coordination with County staff
A Resource Conservation Commission meeting;
A Planning Commission hearing on the draft EIR;
A Planning Commission hearing on the final EIR and Candidate CEQA findings;
A Board of Supervisors hearing (if necessary); and
A City Council hearing on the final EIR and Candidate CEQA findings.
.
.
.
.
.
RECON will attend a total of forty (40) weekly meetings with City staff. If additional
meetings are needed, they will be billed at a time and materials basis at an agreed to cost.
Additional meetings requested by the City will be considered additional work pursuant to
Section 3.2.2 of this Agreement.
Task 9 - Tentative Map Processing
If determined necessary by the Environmental Review Coordinator, RECON will conduct
additional environmental review (i.e. Addendum) for the Village Two tentative map. The
Environmental Review Coordinator will determine the appropriate environmental document
at the time the final tentative map is processed. If the Environmental Review Coordinator
determines that an Addendum is not the appropriate document, then additional work on a
document other than an addendum shall be processed pursuant to Section 3.2.2 of the
contract.
6. Schedule, Milestone, Time-Limitations within which to Perform Services.
Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
Dates or Time Limits for Delivery of De live rabIes:
Deliverable No.1:
Draft NOP and Initial Study
March 12,2002
Deliverable No.2:
Final NOP and Initial Study
March 20,2002
Deliverable No.3:
Draft Technical Reports (traffic, air quality, and noise) April 16,2002
Deliverable No.4
First Screencheck EIR
July 22, 2002
Deliverable No.5:
Second Screencheck EIR
August 30, 2002
Deliverable No.6:
Third Screencheck EIR
October 3, 2002
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Deliverable No.7:
Public Review Draft EIR/NOC/NOA
October 18, 2002
Deliverable No.8:
Draft Findings of Fact and Statement of
Overriding Considerations
November 16, 2002
Deliverable No.9: Draft EIR Response to CommentsfMMRP
November 16, 2002
Deliverable No.1 0: Final EIR/MMRP/ Final Findings of Fact
and SOC Draft Notice of Determinationl
CDFG fee letter
December 13, 2002
Deliverable No. 11: Meetings and Hearings
Per Task 8
Dates for Completion of all Consultant Services: Date of City Council approval of
environmental documents, or completion of all tasks to the satisfaction of the City's
Environmental Review Coordinator, whichever is later.
7. Documents to be provided by Applicant to Consultant:
(X) site plans (X) tentative tract maps ( ) architectural elevations (X) project description.
(X) other: SPA Plan, PFFP, Technical Reports (i.e. Geotechnical Investigation, Drainage
Study, Water Service Study, Sewer Service Study, Biological Resources Report and Cultural
Resources Report), and related GDP documents
8. Contract Administrators.
City:
Marilyn R.F. Ponseggi, Environmental Review Coordinator
Applicant:
Kim Kilkenny, President, Otay Project, L.P.
Consultant:
Charles Bull, President, RECON Inc.
9. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code:
(X) Not Applicable. Not an FPPC Filer.
( ) Category No.1. Investments and sources of income.
() Category No.2. Interests in real property.
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( )
( )
( )
( )
( )
Category No. 3.
Category No.4.
Category No. 5.
Category No.6.
Category No.7.
10. Insurance Requirements:
(X)
(X)
(X)
( )
(X)
Investments, interest in real property and sources of income
subject to the regulatory, permit or licensing authority ofthe
department.
Investments in business entities and sources of income, which
engage in land development, construction or the acquisition or
sale of real property.
Investments in business entities and sources of income ofthe
type which, within the past two years, have contracted with
the City of Chula Vista (Redevelopment Agency) to provide
services, supplies, materials, machinery or equipment.
Investments in business entities and sources of income ofthe
type which, within the past two years, have contracted with
the designated employee's department to provide services,
supplies, materials, machinery or equipment.
Business positions.
Statutory Worker's Compensation Insurance
Employer's Liability Insurance coverage: $1,000,000.
Commercial General Liability Insurance: $1,000,000.
Errors and Omissions insurance: None Required (included in Commercial General
Liability coverage).
Errors and Omissions insurance: $250,000 (not included in Commercial General
Liability coverage).
11. Permitted Subconsultant:
Linscott, Law & Greenspan
1565 Hotel Circle South, Suite 310
San Diego, CA 92108
(619) 299-3090
Linscott, Law, and Greenspan (LLG) will complete the traffic analysis under the direction of
RECON.
2/19/02
Three-Party Agreement
Page 33
h-37
Exhibit B
Additional Recitals
WHEREAS, pursuant the California Environmental Quality Act (CEQA) the
Environmental Review Coordinator has determined that the proposed Otay Ranch Village Two
Sectional Planning Area Plan and Tentative Tract Map requires the preparation of an EIR; and
WHEREAS, it was determined by the Director of Planning and Building that staff has
neither the available time or expertise to perform the subject work; and
WHEREAS, the Applicant has deposited or will deposit funds for the consulting services
necessary for the preparation of the environmental documents; and
WHEREAS, a Request for Proposal was distributed to 28 persons or firms included on
the list of qualified Environmental Consultants, and six proposals were received by the City; and
WHEREAS, a Selection Committee was established pursuant to Section 2.56.110 of the
Municipal Code to review the proposals and conduct interviews of the most qualified firms based
on established evaluation criteria; and
WHEREAS, the Selection Committee interviewed the top three firms and recommended
RECON Inc. to perform the required services for the City; and
WHEREAS, the Environmental Review Coordinator has negotiated the details of this
agreement in accordance with procedures set forth in Section 6.5.2 ofthe Environmental Review
Procedures; and
WHEREAS, the proposed contract with RECON Inc. to provide consultant services
would be in an amount not to exceed $218,458 with an additional $54,865 for additional services
should they be necessary.
2/19/02
to -3~
Three-Party Agreement
Page 34
Exhibit C
Compensation Schedule and Deposit: Terms and Conditions.
( )
Single Fixed Fee Arrangement.
For performance of all of the General and Detailed Services of Consultant as herein required,
Applicant shall pay a single fixed fee in the amounts and at the times or milestones set forth below:
( X)
Single Fixed Fee Amount: $218,458.00
EIR for the Otay Ranch Village Two SPA Plan and Tentative Tract Map.
Milestone or Event
Percent and Amount
of Fixed Fee
1. Signing of this agreement by all parties and upon the
request of the consultant.
10% ($21,845.80)
2. Submittal ofInitial Study and NOP
10% ($21,845.80)
3. Submittal of First Screencheck Environmental Document* 30% ($65,537.4)
4. Commencement of Public Review
25% ($54,614.50)
5. Completion of Final Environmental Document
15% ($32,768.7)
6. Retention Percentage - See Section D. below
10% ($21,845.80)
7. Twenty-five Percent Contingency Fee**
$54,614.00
*For purposes of payment the first screencheck shall completely address and analyze all issues
identified in the detailed scope-of-work (described in Exhibit "A", Section 5) to the satisfaction
of the Environmental Review Coordinator. Payment shall not be made until the City's
Environmental Review Coordinator determines that a complete screen check document has been
submitted.
**The Environmental Review Coordinator in her discretion independently or upon request from the
Consultant, from time to time, may negotiate additional services to be performed by the Consultant
under this Agreement in order to cover unforeseen issues that may be identified during the
~ -3'1
Three-Party Agreement
Page 35
2/19/02
preparation of the environmental document ("Additional Services"). The cost of Additional Services
in connection with the environmental document shall not exceed 25% ofthe total contract amount
($218,458).
( ) Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the General and Detailed Services of
Consultant as are separately identified in Exhibit C, under the category labeled "Phased Fixed Fee
Arrangement", Applicant shall pay the fixed fee associated with each phase of Services, in the
amounts and at the times or milestones set forth hereinbelow ("Phase Fixed Fee Arrangement").
Consultant shall not commence Services under any Phase, and shall not be entitled to the
compensation for a Phase, unless Applicant shall have issued a notice to proceed to Consultant as to
said Phase.
( ) Time and Materials
For performance of the General and Detailed Services of Consultant as herein required,
Applicant shall pay Consultant for the productive hours of time and material spent by Consultant in
the performance of said Services, at the rates or amounts set forth hereinbelow according to the
following terms and conditions:
( )
Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and materials in excess of said
Maximum Compensation amount, Consultant agrees that Consultant will perform all ofthe General
and Detailed Services herein required of Consultant for - including all Materials and other
"reimburseables" ("Maximum Compensation"). The City will also receive a standard administrative
fee amounting to I 0% of the contract.
(X)
Limitation without Further Authorization on Time and Materials Arrangement
At such time as Consultant shall have incurred time and materials equal to $218,458 (plus
25% ifnegotiated as set forth above) ("Authorization Limit"), Consultant shall not be entitled to any
additional compensation without further authorization issued in writing and approved by the City
Council. Nothing herein shall preclude Consultant from providing additional Services at
Consultant's own cost and expense.
~ -LfD
Three-Party Agreement
Page 36
2/19/02
Category of Employee
Principal
Associate
Assistant
Production Supervisor
Graphics
2/19/02
Consultant's Rate Schedule
Hourly
Rate
$127.00
$87.00
$78.00
$53.00
$52.00
((¡,fi
Three-Party Agreement
Page 37
Task
Task 1
Task 2
Task 3
Task 4
Task 5
Task 6
Task 7
Task 8
Task 9
Subtotal EIR
CONSULTANT'S COST BREAKDOWN
Initial Studyl Nollce of PreparatIon
Initial Study Preparation
NOP Preparation
Subtotal
Prepare Technical Reports and First Screencheck
Land use
Landform (includes photosimulations for Alternative One and Two)
Traffic (EIR section)
Traffic Impact Analysis (prepared by LLG)
Air Quality
Noise
Cultural Resources
Paleontological Resources
Biological Resources
Agriculture
Hydrology
Geology
Public Services
Thresholds Analysis
Other Sections
Alternatives
Subtotal Task 2
Second Screencheck Draft EIR
Revise documents
Third Screencheck Draft (Administrative Draft)
Revise documents
Public Review Draft EIR/NOA/NOC
Final Edits and Distribution
Candidate Draft Findings and SOC
Prepare, Revise and Finalize
Responses to Comments/Final EIR/MMRP/NOD
Prepare drafts, revise and finalize
Meetings and Hearings
Attendance
TM Processing (if necessary)
Preparation of Environmental Document (i.e. Addendum)
Optional Task: Community Park Overlay Analysis
Optional Task: GDP/GP Amendment analysis to remove the Community Park within Village
Two and redesignate a floating Community park within Village 7
Total Cost
$2,828
$1,438
$4,266
3,467
14,857
3,477
59,800
4,398
8,411
2,314
270
3,918
575
1,969
1,637
7,674
3,171
2,287
7,174
$125,399.00
14,507
6,948
1,764
2,138
13,452
20,484
1,500
$190,458
$5,0001
1 Total contract amount of $218,458 includes option 2 for purposes of
determining the maximum allowable contract amount should either option be
selected.
2119/02
h- Lf2-
Three-Party Agreement
Page 38
Materials Separately Paid For by Applicant -
( ) Materials
Reports
Copies
( ) Travel
( ) Printing
( ) Postage
( ) Delivery
( ) Long Distance Telephone Charges
(X) Other -SANDAG Model Run Fees
Cost or Rate
NA
NA
NA
NA
NA
NA
Actual
__n______-- - - n -------- ------- _n-
Deposit
(X)
Deposit Amount: $218,458 - As agreed to by the Applicant, 100% of the Deposit
($218,458) is to be made by Otay Project, L.P. Applicant agrees to deposit within 10 days if
City requests to do so, a sum (estimated to be up to $3,000) for additional Materials
separately paid for by the Applicant.
(X)
Use of Deposit to Pay Consultant.
Notwithstanding the sole duty and liability of Applicant to pay Consultant, if this paragraph
is "checked", upon City's receipt of billing by Consultant, and determination by City in good faith
that Consultant's billing is proper, ajudgment for which Applicant agrees to hold City harmless and
waive any claim against City, City shall pay Consultant's billing from the amount of the Deposit. If
Applicant shall protest the propriety of a billing to City in advance of payment, City shall consider
Applicant's protest and any evidence submitted prior to the due date for the payment of said bill by
Applicant in making its good faith determination of propriety.
( )
Use of Deposit as Security Only; Applicant to Make Billing Payments.
Upon determination by City made in good faith that Consultant is entitled to compensation
which shall remain unpaid by Applicant 30 days after billing, City may, at its option, use the Deposit
to pay said billing.
-- - n- - - --on ------------ ---------
~ -LIS
Three-Party Agreement
Page 39
2/19/02
(X) Bill Processing:
A. Consultant's Billing to be submitted for the following period of time:
( ) Monthly
( ) Quarterly
(X) Other: Milestone
B.
Day of the Period for submission of Consultant's Billing:
( ) First ofthe Month
( ) 15th Day of each Month
( ) End ofthe Month
(X) Other: Upon Completion of Milestone
c.
City's Account Number: To be assigned after agreement is processed.
D.
Security for Performance
( ) Performance Bond, $
() Letter of Credit, $
( ) Other Security:
Type:
Amount: $
(X ) Retention. ¡fthis space is checked, then notwithstanding other provisions to
the contrary requiring the payment of compensation to the Consultant sooner,
the City shall be entitled to retain, at their option, the following Retention
Percentage until the City determines that the Retention Release Event, listed
below, has occurred:
( ) Retention Percentage: 10%
( ) Retention Amount: $-
Retention Release Event:
(X) Completion of All Consultant Services to the satisfaction of the
Environmental Review Coordinator.
()
Other:
2/19/02
to - Lftf
Three-Party Agreement
Page 40
COUNCIL AGENDA STATEMENT
Item
Meeting Date 2/26/02
ITEM TITLE: Resolution Approving the Final Map for San Miguel Ranch
Planning Area "H", Chula Vista Tract No. 99-04. Accepting on behalf of the
City of Chula Vista, the various easements, all as granted on said map, within
said subdivision; approving the Subdivision Improvement Agreement for the
completion of improvements required by said subdivision, and authorizing the
Mayor to execute said agreement.
Resolution Approving the Final Map Supplemental
Subdivision Improvement Agreement for San Miguel Ranch Planning Area"H",
Chula Vista Tract No. 99-04, requiring Developer to comply with certain
unfulfilled conditions of Resolution No. 2000-068 and authorizing the Mayor to
execute said agreement
Resolution Approving the grant of easements and
maintenance agreement for San Miguel Ranch Neighborhood" H", establishing
specific obligations and responsibilities for maintenance of private landscaping
;vithin public right-of-way and authorizing the Mayor to execute said agreement.
SUBMITTED BY: Director of Public Works~J i~
REVIEWED BY: City Managerft¢~'-~ . ~ (4/Sths Vote: Yes No X)
Tonight, City Council will consider the approval of 131 single family detached residential lots for Shea
Homes' Neighborhood "H" within Phase I of San Miguel Ranch. The Tentative Subdivision Map for
Chula Vista Tract 99-04, San Miguel Ranch, was approved on February 29, 2000, by Resolution No.
2000-068. The "A" Map No. 1 for San Miguel Ranch, Phases 1,2 & 4 was approved by City Council
on August 7, 2001 by Resolution No. 2001-259. This project is the first "B" map for San Miguel
Ranch. After approval of this map of 131 dwelling units, only 76 ! dwelling units can be mapped prior
to SR-125 opening to public access from Olympic Parkway to SR-125. The City has established a
Traffic Enhancement Program in order to deal with issues concerning traffic impacts to the City. This
program is aimed at increasing the capacity of the overall street system by making improvements on
streets at certain locations that will have the greatest impact in reducing future congestion. The two
~nost significant projects are widening on both Telegraph Canyon Road and East H Street at 1-805. The
master developers are participating in financing the traffic enhancement projects within the City to
provide additional capacity. The master developer lbr San Miguel Ranch will be budgeting one million
dollars in the Master Developer's Community Facilities District 2001-01 for traffic improvements to
East H Street at 1-805. The financing agreement for this facility will be brought forward for Council
consideration in April in conjunction with the bond sale for Community Facilities District 2001-1. Staff
is aware of the City Council's concern with and interest in traffic management and is addressing this
issue on an ongoing basis.
Page 2, Item ~
Meeting Date 2/26/02
RECOMMENDATION: That Council adopt the:
1. Resolution approving the Final "B" Map & Subdivision Improvement Agreement.
2. Resolution approving the "B" Map Supplemental Subdivision Improvement Agreement.
3. Resolution approving the Home Owners Association (HOA) Maintenance Agreement,
establishing specific obligations and responsibilities of the HOA, regarding maintenance of
private landscaping within public fight-of-way.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable
DISCUSSION:
The project is generally located northerly adjacent to Mount Miguel Road, north of Proctor Valley Road
and east of the proposed SR-125, within the area of San Miguel Ranch Phase 1. The "B" map for
Planning Area "H" consists of 131 numbered lots (Single Family Detached units) and 2 lettered lots,
totaling a gross area of 25.865 acres (see Attachment 1). The project is the first single The City's
Environmental Review Coordinator has reviewed the Final Map and has determined that it is in
conformance with the Final Subsequent EIR for San Miguel Ranch SPA and TM (EIR 97-02), and other
related environmental documents. The Final Map will not result in any new environmental effects that
were not previously identified, nor would the Final Map result in a substantial increase in severity in
any impacts previously identified.
The final maps have been reviewed by the Public Works Department and found to be in substantial
conformance with the approved Tentative Map. Approval of the map constitutes acceptance by the City
of all public streets, assignable and irrevocable general utility and access easements, tree planting and
maintenance easements, sight visibility easements, and emergency and pedestrian access easements
within the subdivision. Shea Homes Limited Partnership has executed a Supplemental Subdivision
Improvement Agreement, which addresses several outstanding conditions of the tentative map. Shea
has also executed the Subdivision Improvement Agreement, providing bonds to secure the construction
of onsite facilities within the subdivision. An advanced permit (Permit # PC-1478) has been issued to
Shea Homes Limited Partnership to construct improvements. There are two onsite emergency and
pedestrian access easements, each connecting the ends of two adjacent cul de sacs to provide alternate
routes for emergency response vehicles and pedestrians.
Parks
The Master Developer (NNP Trimark San Miguel Ranch, LLC) has provided an Irrevocable Offer of
Dedication of Fee Interest for the land acquisition obligation for community parks within San Miguel
Ranch Phases I, 2, & 4 "A" Map No. (Resolution No. 2001-259).
Grant of easements and Maintenance Agreement
The grant of easements and maintenance agreement sets forth the master developer's obligation to
maintain landscaping in the public right of way. The obligation will be assigned to the master
homeowner's association (MHOA)after the landscaping has been established and turned over to the
MHOA to maintain. The "A" map for the project, approved by council August 7, 2002, contained a
Page 3, Item
Meeting Date 2/26/02
sitnilar agreement for backbone streets. Further agreements will be brought before council with each
subsequent maps for MHOA maintained public property within the subdivision boundary.
FISCAL IMPACT: None to the City. Developer has paid all costs associated with the proposed Final
Map and agreement.
Attachments:
Attachment 1: Plat - San Miguel Ranch Planning Area "H", Chula Vista Tract 99~04, location map.
Attaclunent 2: Developer's Disclosure Statements
File No. 0600~80-SM002F
J:\Engineer~AGENDA~AII3 SanMiguelRanch H final.doc
2/21/02 11:10:17 AM
Attachment 1
CHULA VISTA TRACT NO. 99-04
SAN MIGUEL RANCH
PLANNING AREA "H"
LOT 8
LOT 'Id'
CHULA VISTA TRACT NO, 99-04
GAN MI~UEL RANCH
PHABEB 1, 2 & 4 "A' MAP NO,
LOT 13 MAP NO, 14281,
LOT
3,.
'"4
LOT 8
(2)
O
II
LOT 5 (f)
LOT 'EE' ~J
HUNSAKER
& ASSOCIATES
PLANNING 10179 Huetmekens Street 400 0 400 800 1200
SCALE 1" = 400'
R:\O242\&MAP\EXH FM PA H COUNCIL.DWG - MO. 2091-IJ
7-¢
ATTACHMEN'f
THE CITY OF CItULA VISTA DISCLOSURE STATEMENT
Pursuant to Council Policy 101-01, prior to any action upon matters which will require discretionary action
by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of
certain oWnership or financial interests, payments, or campaign contributions for a City of Chula Vista
election must be filed. The following information must be disclosed:
I. List the names of all persons having a financial interest in the property that is thc subject of thc
application or the contract, e.g,, oWner, applicant, contractor, subcontractor, material supplier.
Shsa Hom,ae~ Limited PartnershlD
2, If any person* identified pursuant to (1) above is a co~poration or partnership, list the names of all
individuals with a 5;1000 investment in the business (corporation/partnership) entity,
N/A
3 If any person* identified pursuant to (1) above is a non-profit organization or nmst, list thc names o£
any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the
trust.
N/A
4. Please identi~ every person, including any agent, employees, consultants, or independent
con.actors you have assigned to represent you before the City in this roarer.
John Vance, Shea Homes
Alisa Vtal~indo, Hunsaker & Associates
5. }las any person* associated with this contract had any financial dealings with an official** of the
City of Chula Vista as it relates to this contract within the past 12 months? Yes~No~X
~O'a 00S¢ 8SS 8S8 OS S~IUIDOSSU ~ ~USNOH 8£:~I ~00~-PE-NU£
If Yes, briefly describe the nature of the financial interest the official** may have in this contract.
6. Iqave you made a contribution of more than $250 w/xthin the Bast twelve (12) months to a current
member of the Chula Vista City Council? Yes. No If Y~s, which Counei member?
7. Have you or any member of your governing board (i.e. Corporate Board of Directors/Executives,
non-profit Board of Directors made contributions totaling more than $1,000 over the past four (4) years to a
current member of the Chula Vista City Council? Yes No x . If Yes, which Council member~
Have you provided more than $300 (or an item of equivalent value~ to an official** ,.~f
Chula Vista in the past twelve r12~ mont~-~ r',',.:-. _ .... ' ..... the C~ty of
debt, gift, loan, otc.') Yes , ~ ,, ,,~. ,~n,~, mc,u.~.e.s oe, l~ng.a?ource of income, money to retire a]e al
provided? ~ -, ~ ill'es, Wlllell Olllclsl'~* and what was the nature of item g
Igl~ature of Contractor/Apphcant
John B. Vance, Assi~tant S~cretary
Print or type name of Contractor/Applicant
* Person is defined as: any individual, tim, co partnership, joint venture, association, social club,
fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city municipality,
district, or other political subdivision, -or any other group or combination acting as a unit.
'~* Official includes, but is not limited to: Mayor, Council member, Planning Commissioner Member
of a board, commission, or committee of the City, employee, or staff members.
H:kl'IOM E\ENG IN EER~.DM IN%CONTRACTXDiSCLOSE.DOC
'20/£0'd 00~P 8~S 8S8 ~S SBZ~IDOSS~ ~ ~B~SN~H 8£:PI ~08~-P~-N~£
RESOLUTION NO. 2002-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE FINAL MAP FOR SAN
MIGUEL RANCH PLANNING AREA "H", CHULA VISTA
TRACT NO. 99-04, ACCEPTING ON BEHALF OF THE
CITY OF CHULA VISTA THE VARIOUS EASEMENTS, ALL
AS GRANTED ON SAID MAP, WITHIN SAID
SUBDIVISION, APPROVING THE SUBDIVISION
IMPROVEMENT AGREEMENT FOR THE COMPLETION OF
IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista hereby finds that certain map survey
entitled Chula vista Tract 99-04 SAN MIGUEL RANCH PLANNING AREA
"H", and more particularly described as follows:
Being Lots 7 and 9 and a portion of Calle La
Quinta, a dedicated public street of Chula
Vista Tract No. 99-04, San Miguel Ranch Phases
1, 2 & 4 "A" Map No.1, in the city of Chula
vista, County of San Diego, State of
California, according to Map thereof No. 14261
filed in the office of the San Diego County
Recorder on August 21, 2001.
Area: 25.865 Acres
Numbered Lots: 131
No. of Lots: 133
Lettered Lots: 2
is made in the manner and form prescribed by law and conforms to
the surrounding surveys; and that said map and subdivision of land
shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED that said Council hereby accepts
on behalf of the public the Assignable and Irrevocable General
utility and Access Easements, all as shown on said map within this
subdivision.
1
7-7
BE IT FURTHER RESOLVED that the City Clerk of the City of
Chula vista is hereby authorized and directed to endorse upon said
map the action of said Council; that said Council has approved said
subdivision map, and that those certain Assignable and Irrevocable
General Utility and Access Easements, are accepted on behalf of the
city of Chula vista as herein above stated.
BE IT FURTHER RESOLVED that City Clerk is hereby directed
to transmit said map to the Clerk of the Board of Supervisors of
the County of San Diego.
BE IT FURTHER RESOLVED that that certain Subdivision
Improvement Agreement dated the for
the completion of improvements in said subdivision, a copy of which
is on file in the office of the City Clerk, is hereby approved.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista be, and is hereby authorized to execute said agreement
for and on behalf of the city of Chula vista.
Presented by
Approved as to form by
~~
Joh . Kaheny
City Attorney
John P. Lippitt
Director of Public Works
J, \attorney\reso\SMR Final Map Planning Area H
2
7-?j
Recording Requested by:
CITY CLERK
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, Ca. 91910
{;¿4
J
C!~i-/C--
No transfer tax is due as this is a conveyance
to a public agency of less than a fee interest
for which no cash consideration has been paid or
received.
Declarant
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day
of 2001, by and between THE CITY OF CHULA
VISTA, a municipal corporation, hereinafter called "City", and
SHEA HOMES LIMITED PARTNERSHIP, 10721 Treena Street, Suite 200,
San Diego, CA 92131, hereinafter called "Subdivider" with
reference to the facts set forth below, which Recitals
constitute a part of this Agreement;
RECITALS:
WHEREAS, Subdivider is about to present to the City Council
of the City of Chula Vista for approval and recordation, a final
subdi vision map of a proposed subdivision, to be known as SAN
MIGUEL RANCH, PLANNING AREA "H", pursuant to the provisions of
the Subdivision Map Act of the State of California, and in
compliance with the provisions of Title 18 of the Chula Vista
Municipal Code relating to the filing, approval and recordation
of subdivision map; and
WHEREAS, the Code provides that before said map is finally
approved by the Council of the City of Chula Vista, Subdivider
must have either installed and completed all of the public
improvements and! or land development work required by the Code
to be installed in subdivisions before final maps of
subdivisions are approved by the Council for purpose of
recording in the Office of the County Recorder of San Diego
County, or, as an alternative thereto, Subdivider shall enter
into an agreement with City, secured by an approved improvement
1
7-q
security to insure the performance of said work pursuant to the
requirements of Title 18 of the Chula Vista Municipal Code,
agreeing to install and complete, free of liens at Subdivider's
own expense, all of the public improvements and/or land
. development work required in said subdivision within a definite
period of time prescribed by said Council; and
WHEREAS, Subdivider is willing in consideration of the
approval and recordation of said map by the Council, to enter
into this agreement wherein it is provided that Subdivider will
install and complete, at Subdivider's own expense, all the
public improvement work required by City in connection with the
proposed subdivision and will deliver to City improvement
securities as approved by the City Attorney; and
WHEREAS, a tentative map of said subdivision has heretofore
been approved, subj ect to certain requirements and conditions,
as contained in Resolution No. 2000-068, approved on the 29th
day of February, 2000 ("Tentative Map Resolution"); and
WHEREAS, complete plans and specifications for the
construction, installation and completion of said public
improvement work have been prepared and submitted to the City
Engineer, as shown on Drawings Nos. 01048-01 through 01048-09
inclusive, on file in the office of the City Engineer; and
WHEREAS, an estimate of the cost of constructing said
public improvements according to said plans and specifications
has been submitted and approved by the City in the amount of ONE
MILLION FOUR HUNDRED THIRTY-EIGHT THOUSAND AND NO CENTS
($1,438,000.00) .
NOW,
FOLLOWS:
THEREFORE,
IT
IS
MUTUALLY UNDERSTOOD AND AGREED AS
1. Subdivider, for itself and his successors in interest,
an obligation the burden of which encumbers and runs with the
land, agrees to comply with all of the terms, conditions and
requirements of the Tentative Map Resolution; to do and perform
or cause to be done and performed, at its own expense, without
cost to City, in a good and workmanlike manner, under the
direction and to the satisfaction and approval of the City
Engineer, all of the public improvement and/or land development
work required to be done in and adjoining said subdivision,
including the improvements described in the above Recitals
(" Improvement Work"); and will furnish the necessary materials
therefor, all in strict conformity and in accordance with the
2
7-/0
plans and specifications, which documents have heretofore been
filed in the Office of the City Engineer and as described in the
above Recitals this reference are incorporated herein and made a
part hereof.
2. It is expressly understood and agreed that all
monuments have been or will be installed within thirty (30) days
after the completion and acceptance of the Improvement Work, and
that Subdivider has installed or will install temporary street
name signs if permanent street name signs have not been
installed.
3. It is expressly understood and agreed that Subdivider
will cause all necessary materials to be furnished and all
Improvement Work required under the provisions of this contract
to be done on or before the second anniversary date of Council
approval of the Subdivision Improvement Agreement.
4. It is understood and agreed that Subdivider will
perform said Improvement Work as set forth hereinabove, or that
portion of said Improvement Work serving any buildings or
structures ready for occupancy in said subdivision, prior to the
issuance of any certificate of clearance for utility connections
for said buildings or structures in said subdivision, and such
certificate shall not be issued until the City Engineer has
certified in writing the completion of said public improvements
or the portion thereof serving said building or structures
approved by the City; provided, however, that the improvement
security shall not be required to cover the provisions of this
paragraph.
5. It is expressly understood and agreed to by Subdivider
that, in the performance of said Improvement Work, Subdivider
will conform to and abide by all of the provisions of the
ordinances of the City of Chula Vista, and the laws of the State
of California applicable to said work.
6. Subdivider further agrees to furnish and deliver to
the City of Chula Vista, simultaneously with the execution of
this agreement, an approved improvement security from a
sufficient surety, whose sufficiency has been approved by the
City in the sum of SEVEN HUNDRED NINETEEN THOUSAND AND NO CENTS
($719,000.00) which security shall guarantee the faithful
performance of this contract by Subdivider and is attached
hereto, marked Exhibit "A" and made a part hereof.
7.
Subdivider
further
agrees
to
furnish
and deliver
to
3
7-/1
the City of Chula Vista simultaneously with the execution of
this agreement, an approved improvement security from a
sufficient surety, whose sufficiency has been approved by the
City in the sum of SEVEN HUNDRED NINETEEN THOUSAND AND NO CENTS
($719,000.00) to secure the payment of material and labor in
connection with the installation of said public improvements,
which security is attached hereto, marked Exhibit "B" and made a
part hereof and the bond amounts as contained in Exhibit "B",
and made a part hereof.
8. Subdivider further agrees to furnish and deliver to the
City of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the
sum of NINETEEN THOUSAND AND NO CENTS ($19,000.00) to secure the
installation of monuments, which security is attached hereto,
marked Exhibit "C" and made a part hereof.
9. It is further agreed that if the Improvement Work is
not completed within the time agreed herein, the sums provided
by said improvement securities may be used by City for the
completion of the Improvement Work within said subdivision in
accordance with such specifications herein contained or
referred, or at the option of the City, as are approved by the
City Council at the time of engaging the work to be performed.
Upon certification of completion by the City Engineer and
acceptance of said work by City, and after certification by the
Director of Finance that all costs hereof are fully paid, the
whole amount, or any part thereof not required for payment
thereof, may be released to Subdivider or its successors in
interest, pursuant to the terms of the improvement security.
Subdivider agrees to pay to the City any difference between the
total costs incurred to perform the work, including design and
administration of construction (including a reasonable
allocation of overhead), and any proceeds from the improvement
security.
10. It is also expressly agreed and understood by the
parties hereto that in no case will the City of Chula Vista, or
any department, board or officer thereof, be liable for any
portion of the costs and expenses of the work aforesaid, nor
shall any officer, his sureties or bondsmen, be liable for the
payment of any sum or sums for said work or any materials
furnished therefor, except to the limits established by the
approved improvement security in accordance with the
requirements of the State Subdivision Map Act and the provisions
of Title 18 of the Chula Vista Municipal Code.
4
7-12.
11. It is further understood and agreed by Subdivider that
any engineering costs (including plan checking, inspection,
materials furnished and other incidental expenses) incurred by
City in connection with the approval of the Improvement Work
plans and installation of Improvement Work hereinabove provided
for, and the cost of street signs and street trees as required
by Ci ty and approved by the Ci ty Engineer shall be paid by
Subdivider, and that Subdivider shall deposit, prior to
recordation of the Final Map, with City a sum of money
sufficient to cover said cost.
12. It is understood and agreed that until such time as
all Improvement Work is fully completed and accepted by City,
Subdivider will be responsible for the care, maintenance of, and
any damage to, the streets, alleys, easements, water and sewer
lines within the proposed subdivision. It is further understood
and agreed that Subdivider shall guarantee all public
improvements for a period of one year from date of final
acceptance and correct any and all defects or deficiencies
arising during said period as a result of the acts or omission
of Subdivider, its agents or employees in the performance of
this agreement, and that upon acceptance of the work by City,
Subdivider shall grant to City, by appropriate conveyance, the
public improvements constructed pursuant to this agreement;
provided, however, that said acceptance shall not constitute a
waiver of defects by City as set forth hereinabove.
13. It is understood and agreed that City, as indemnitee,
or any officer or employee thereof, shall not be liable for any
injury to person or property occasioned by reason of the acts or.
omissions of Subdivider, its agents or employees, or indemnitee,
related to this agreement. Subdivider further agrees to protect
and hold the City, its officers and employees, harmless from any
and all claims, demands, causes of action, liability or loss of
any sort, because of or arising out of acts or omissions of
Subdivider, its agents or employees, or indemnitee, related to
this agreement; provided, however, that the approved improvement
security shall not be required to cover the provisions of this
paragraph. Such indemnification and agreement to hold harmless
shall extend to damages to adjacent or downstream properties or
the taking of property from owners of such adjacent or
downstream properties as a result of the construction of said
subdivision and the public improvements as provided herein. It
shall also extend to damages resulting from diversion of waters,
change in the volume of flow, modification of the velocity of
the water, erosion or siltation, or the modification of the
5
7-/3
point of discharge as the result of the construction and
maintenance of drainage systems. The approval of plans
providing for any or all of these conditions shall not
constitute the assumption by City of any responsibility for such
damage or taking, nor shall City, by said approval, be an
insurer or surety for the construction of the subdivision
pursuant to said approved improvement plans. The provisions of
this paragraph shall become effective upon the execution of this
agreement and shall remain in full force and effect for ten (10)
years following the acceptance by the City of the improvements.
14. Subdivider agrees to defend, indemnify, and hold
harmless the City or its agents, officers, and employees from
any claim, action, or proceeding against the City or its agents,
officers, or employees to attack, set aside, void, or annul, an
approval of the City, advisory agency, appeal board, or
legislative body concerning a subdivision, which action is
brought within the time period provided for in Section 66499.37
of the Government Code of the State of California.
15. Assignability. Upon request of the Subdivider, any or
all on-site duties and obligations set forth herein may be
assigned to Subdivider's successor in interest if the City
Manager in his/her sole discretion determines that such an
assignment will not adversely affect the City's interest. The
City Manager in his/her sole discretion may, if such assignment
is requested, permit a substitution of securities by the
successor in interest in place and stead of the original
securities described herein so long as such substituted
securities meet the criteria for security as set forth elsewhere
in this Agreement. Such assignment will be in a form approved
by the City Attorney.
6
7 - lif
SIGNATURE PAGE TO
SUBDIVISION IMPROVEMENT AGREEMENT
SAN MIGUEL RANCH, PLANNING AREA "H"
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first hereinabove set
forth.
THE CITY OF CHULA VISTA
City Clerk
WLã
';:ò,sA-. :;;;::£).~,
Mayor of the City of Chula
Vista
ATTEST
Approved as to form by
e:~ C}..M c( ~-1J
City (;I.ey
(Attach Notary Acknowledgment)
7
7-15
CALIFORNIA ALL.PURPOSE ACK OWLEDGMENT
State of California
County of
San Diego
} ss.
On December 12. 2001, before me, Marcia J. Goodman. Notary Public
D". N'm""dT; "010fffœ<I'.9..'J,",D",,Nola~P"bt',')
personally appeared
,Tobn R
V~nr."
ann Pan' T, r. Rarn""
N,m'I') 01 Si",,!,)
¿perSonally known to me
0 proved to me on the basis
evidence
of satisfactory
~----~-_..._---~
~ MARCIAJ.GOOD.1.1AN
-;;..~j~'ìI Commission 111224956
~.'.:: ~~'.'~" :,-'.',":",?J.1.'~' NotaryPU,b,li.c-cafifomiq ~
] ~ç., "'ý Son 0:.:,,0 County f
'~. .' .." ., MyCcmm, E:p'cp;; Jun 23,2003 r
-"'~'3"'Z7",~' . .',.",x",-"~.",,.. ,'. ,
to be the person(s) whose name(s) J$7are
subscribed to the within instrument and
acknowledged to me that b9IeIre1they executed
the same in bisftTei1their authorized
capacity(ies), and that by jJlsIheí1their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument
Pf", No"" S", Ab".
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal an4 reaNachment of this form to another document
Description of Attached Document
Titie or Type of Doc,ument
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
D Individual
D Corporate Officer - Title(s):
D Partner - D Limited D General
D Attorney in Fact
[J Trustee
D Guardian or Conservator
D Other:
.
Top 01 thomb hele
Signer Is Representing:
@ 1997 N"'o",' Not'~ A",,""oo . 9350 D' SotoA".. p.o, eo> 2402 . C","oMh, CA 91313,2402
PlOd No 5907
Roo"", C", ToII.F", 1.800,876,6827
Î-1Io
LIST OF EXHIBITS
Exhibit "A"
Improvement Security - Faithful Performance
Form:
Bond
Amount:
$719,000.00
Exhibit "B"
Improvement Security - Material and Labor:
Form:
Bond
Amount:
$719,000.00
Exhibit "C"
Improvement Security - Monuments:
Form:
Bond
Amount:
$19,000.00
Securities approved as to form and amount by
~ pl C~
. ity Attorney
Improvement Completion Date: Two (2) years from date of
City Council approval of the S4bdivision Improvement Agreement.
8
7-/7
RESOLUTION NO.2002-------
RESOLUTION OF THE CIT! COUNCIL OF THE CITY OF
I
CHULA VISTA APPROVING' THE FINAL SUPPLEMENTAL
SUBDIVISION IMPROVEM~NT AGREEMENT FOR SAN
MIGUEL RANCH PLANNING AREA "H", CHULA VISTA
TRACT NO. 99-04, REQUI~ING DEVELOPER TO COMPLY
WITH CERTAIN UNFULFILLED CONDITIONS OF
RESOLUTION NO. 2000-068 AND AUTHORIZING THE
MAYOR TO EXECUTE SAID 'AGREEMENT
WHEREAS, the developer has executed a Supplemental
Subdivision Improvement Agre$meht which addresses several
outstanding conditions of the t~ntative map.
NOW, THEREFORE, BE IT RESOLVED the City council of the
City of Chula vista does hereby approve the Final Map Supplemental
Subdivision Improvement Agreement for San Miguel Ranch Planning
Area "H", Chula Vista Tract No. 99-04, a copy of which shall be
kept on file in the office of the city Clerk.
BE IT FURTHER RESOLVE:D that the Mayor of the City of
Chula vista is hereby authori2led to execute said Agreement on
behalf of the City of Chula Vista.
Presented by
Approved as to form by
John P. Lippitt
Director of Public Works
~:rp1C~
Jo . Kaheny
City Attorney
[JIATTORNEYIRESOI"" SMR PI""'9 A,e, H
(J,,",'Y 2', 2002 1~53PMI]
7-/?
..'
.,
RECORDING REQUEST BY:
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
Above
Space for Recorder's Use
City Clerk
WHEN RECORDED MAIL TO:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
No transfer tax is due as this is
a conveyance to a public agency
of less than a fee interest for
which no cash consideration has
been paid or received.
Developer
SAN MIGUEL RANCH PL~ING AREA "H" FINAL MAP
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
(Conditions 10, 12, 40, 57, 103, 144, 155, 156, 179, and 187)
This Supplemental Subdivision Improvement Agreement
("Agreement") is made this, day of ,2001, by and between
THE CITY OF CHULA VISTA, California (iiCity" or "Grantee" for
recording purposes only) and Shea Homes Limited Partnership,
("Developer" or "Grantor"), with reference to the facts set forth
below, which recitals constitute a part of this Agreement:
RECITALS
A. This Agreement concerns and affects certain real
property located in Chula Vista, California, more particularly
described on Attachment "A" attached hereto and incorporated
herein (" Property") . The Prq.perty commonly known as Planning
Area "H" of San Miguel Ranch is within approved Tentative
Subdivision Map Chula Vista Tract 99-04, San Miguel Ranch, City
Of Chula Vista, California (Resolution No. 2000-068 on February
29, 2000 the "Resolution"), which project is commonly known as
San Miguel Ranch. For purposes of this Agreement the term
"Project" shall also mean "Property".
7-;1
.¡
B. Developer and/or Developer's predecessor in interest
has applied for and the City:has approved Tentative Subdivision
Map commonly referred to as éhula Vista Tract 99-04 San Miguel
Ranch ("Tentative Subdivision Map") for the subdivision of the
' Property.
C. The City has adopted Resolution No. 2000-068
("Resolution") pursuant to which it has approved the Tentative
Subdivision Map subject tb certain conditions as more
particularly described in the Resolution.
D. The City has adopte~ Resolution No. 2001-259 pursuant
to which it has approved the ~an Miguel Ranch Phases 1, 2, and 4
Supplemental Subdivision Improvement Agreement - A Map ("Previous
Agreement") which touched and concerned the Property.
E. City is willing, on the premises, security, terms and
conditions herein contained to approve the final map for which
Developer has applied as bei~g in substantial conformance with
the Tentative Subdivision M~p described in this Agreement.
Developer understands that suBsequent final maps may be subject
to the same security terms and conditions contained herein.
F. The following define~ terms shall have the meaning set
forth herein, unless otherwise specifically indicated:
a. "Developer" means the person, persons or entity having
a legal or an equitable interest in the property or parts thereof
and includes Developer's succeßsors-in-interest and assignors of
any property within the boundi3.ries of the map. This includes
Shea Homes Limited partnershiJ!' and any and all owners of real
property within the boundaries of the Property, and all
signatories to this Agreement.
b. "Guest Builder" mea,ns those entities obtaining any
interest in the Property or a þortion of the Property, after the
final map has been recorded.
c. "PFFP" means the Public Facilities Financing Plan adopted
by Resolution No. 19631 on October 19, 1999 and as may be amended
from time to time.
2
7-20
"
NOW, THEREFORE, in exchange for the mutual covenants, terms and
conditions herein contained, the parties agree as set forth
below.
2. Agreement Applicable to Subsequent Owners.
a. Agreement Binding Upon Successors. This Agreement shall
be binding upon and inure to the benefit of the successors,
assigns and interests of the parties as to any or all of the
Property as described on Attachment "A" until released by the
mutual consent of the parties. For the purposes of this
Agreement the "Developer" shall also mean "Applicant"
b. Agreement Runs with the Land. The burden of the
covenants contained in this Agreement ("Burden") is for the
benefit of the Property and the City, its successors and assigns
and any successor in interest thereto. City is deemed the
beneficiary of such covenants for and in its own right and for
the purposes of protecting the interest of the community and
other parties public or private, in whose favor and for whose
benefit of such covenants running with the land have been
provided without regard to whether City has been, remained or are
owners of any particular land or interest therein. If such
covenants are breached, the City shall have the right to exercise
all rights and remedies and to maintain any actions or suits at
law or in equity or other proper proceedings to enforce the
curing of such breach to which it or any other beneficiaries of
this agreement and the covenants may be entitled.
c. Developer Release on Guest Builder Assignments. If
Developer assigns any portion of the Project to a Guest Builder,
Developer may request to be released from Developer's obligations
under this Agreement, that are expressly assumed by the Guest
Builder, provided Developer obtains the prior written consent of
the City to such release. Such assignment to the Guest Builder
shall, however, be subject to this Agreement and the Burden of
this Agreement shall remain a covenant running with the land.
The City shall not withhold its consent to any such request for a
release so long as the assignee acknowledges that the Burden of
the Agreement runs with the land, assumes the obligations of the
Developer under this Agreement, and demonstrates, to the
satisfaction of the City, its ability to perform its obligations
under this Agreement as it relates to the portion of the Project
which is being acquired by the Assignee.
d. Partial Release of Developer's Assignees. If Developer
assigns any portion of the Project subject to the Burden of this
Agreement, upon request by the Developer or its assignee, the
City shall release the assignee of the Burden of this Agreement
as to such assigned portion if such portion has complied with the
requirements of this Agreement to the satisfaction of the City
and such partial release will not, in the opinion of the City,
jeopardize the likelihood that the remainder of the Burden will
3
7 -;2.1
not be completed.
e. Release of Individual Lots. Upon the occurrence of any
of the following events, Developer shall, upon receipt of the
prior written consent of the City Manager (or Manager's
designee), have the right to release any lot(s) from Developer's
obligation under this Agreement:
i. The execution of a purchase agreement for the sale
of a residential lot to a buyer of an individual housing unit;
ii.
Association;
The
conveyance
of
a
lot
to
a
Homeowner's
iii. The conveyance of a school site as identified in
the SPA Plan to a school district;
The City shall not withhold its consent to such release
so long as the City finds in good faith that such release will
not jeopardize the City I S assurance that the obligations set
forth in this Agreement will be performed. At the request of the
Developer, the City Manager (or Manager's designee) shall execute
an instrument drafted by Developer in a recordable form
acceptable to the City Manager (or Manager's designee), which
confirms the release of such lot or parcel from the encumbrance
of this Agreement.
Notwithstanding the foregoing, at the close of an individual
homeowner's escrow on any lot or parcel encumbered by this
Agreement, such lot or parcel shall be automatically released
from the encumbrance hereof.
3. Condition No. 10 (General Preliminary) In
satisfaction of Condition No. 10 of the Resolution, the Developer
agrees that if any of the terms, covenants or conditions
contained herein shall fail to occur or if they are, by their
terms, to be implemented and maintained over time, if any of such
conditions fail to be so implemented and maintained according to
their terms, the City shall have the right to revoke or modify
all approvals herein granted including issuance of building
permits, deny, or further condition the subsequent approvals that
are derived from the approvals herein granted, institute and
prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. The DevelÇ)per
shall be notified 10 days in advance prior to any of the above
actions being taken by the City and shall be given the
opportunity to remedy any deficiencies identified by the City
within a reasonable and diligent time frame
4. Condition No. 12 (General Preliminary) In
satisfaction of Condition No. 12 of the Resolution, the Developer
agrees that the Developer shall indemnify, protect, defend and
hold the City harmless from and against any and all claims,
4
7 - J-.J-
liabilities and costs, including attorney's fees, arising from
challenges to the Environmental Impact Report for the Project and
any or all entitlements and approvals issued by the City in
connection with the Project.
5. Condition No. 40 (ADA Standards). In satisfaction of
Condition No. 40 of the Resolution the Developer agrees that in
the event the Federal Government adopts "Americans with
Disabilities Act" ("ADA") standards for street rights-of-way,
which are in conflict with the standards and approvals contained
herein, all such approvals conflicting with those standards shall
be updated to reflect those standards. Unless otherwise required
be federal law, City ADA standards may be considered vested, as
determined by Federal Regulations, only after construction has
commenced.
6. Condition No. 57 (Sewer and Water) In partial
satisfaction of Condition No. 57, the Developer shall guarantee
prior to the release of bonds for street improvements that the
"Engineer-of-Work" has clearly identified all sewer (S) and water
(W) lateral locations prior to the construction of curbs so that
the curb face can be stamped with an "S" and "W", for the sewer
and water laterals, respectively, and the Developer shall
propagate all curb face markings in order to assure that the
locations of the said utilities are identifiable.
7. Condition No. 103 - (DG Walkways free from obstacles) -
In partial satisfaction of Condition No. 103 of the resolution,
the Developer hereby acknowledges and agrees that there shall be
no vertical obstacles or any obstructions such as public utility
vaults, boxes, etc. placed within the decomposed granite (D. G.)
walkways within the project. In the event of any such obstruction
placed within the walkways, Developer agrees to immediately remove
such obstructions, upon request of the City.
8. Condition No. 144 (Landscape Improvements). In
satisfaction of Condition No. 144, prior to the Acceptance of
improvements for any portion of Planning Area "H", the Developer
shall install landscaping planting and irrigation improvements
for Lots H-A, H-B, H-D, and H-E to the satisfaction of the
Director of Planning and Building.
9. Condition No. 155 - (Turnover of Maintenance for open
space areas to HOA). In partial satisfaction of Condition No.
155 of the Resolution, Developer shall provide prior to approval
of each Final Map, or as otherwise approved by the Director of
Planning and Building, a schedule outlining the proposed turnover
of maintenance for open space areas to H.O.A. as applicable.
10. Condition No. 156 (Landscaping Plans). In partial
satisfaction of Condition No. 156 of the Resolution, Developer
shall provide a landscaping plan for the Property, prior to
5
7-23
issuance of the first building permit for the Property, showing
that all single family residetntial lots have been designed to
accommodate a 5~' X 5~' (30.25 sq. ft.) tree planting area within
the street tree easement clear of utility lines, boxes, and
similar obstructions.
11. Condition No. 179 (National Pollutant Discharge
Elimination System). In partial satisfaction of Condition No. 179
of the Resolution, the Developer 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 requireœents 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 Developer shall file
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.
12. Condition No. 187 (Withhold Building Permits). In
partial satisfaction of Condition No. 187 of the Resolution, the
Developer acknowledges that the City may withhold building
permits for any of the phases of development identified in the
Public Facilities Financing Plan (PFFP) if the required public
facilities, as identified in the PFFP or as amended or otherwise
conditioned, have not been completed or constructed to the
satisfaction of the Director o~ Planning and Building.
13. Satisfaction of Con~itions. City agrees that the
execution of this Agreement constitutes satisfaction or partial
satisfaction of Developer's obligation of Condition Nos. 10, 12,
40,57,103,144,155,156,179, and 187, of the Resolution.
Developer further understands. and agrees that the some of the
provisions herein may be required to be performed or accomplished
prior to the approval of other final maps for the Project, as may
be appropriate.
14. Previous Agreement. It is the intent of the parties
that this San Miguel Ranch Planning Area "H" Supplemental
Subdivision Improvement Agree~ent with Shea Homes Limited
Partnership shall not superse¡:le the Previous Agreement. The
terms and conditions of the Previous Agreement remain in full
force and effect concerning the, Proj ect.
15. Recording. This Agreement, or an abstract hereof shall
be recorded simultaneously with the recordation of the Final Map.
16. Building Permits. Developer and Guest Builders
acknowledge and agree that the City may withhold the issuance of
building permits for the Prbject, should the Developer be
6
7-2L(-
determined by the City to be in breach of any of the terms of
this Agreement. The City shall provide the Developer of notice
of such determination and allow the Developer with reasonable
time to cure said breach. '
17. Assignablity. Upon. request of the developer, any or
all on-site duties and obligations set forth herein may be
assigned to developer's succes~or in interest if the City manager
in his/her sole discretion d$termines that such an assignment
will not adversely affect the City's interest. The City Manager
in his/her sole discretion may, if such assignment is requested,
permit a substitution of securities by the successor in interest
in place and stead of the orig~nal securities described herein so
long as such substituted s$curities meet the criteria for
security as set forth els$where in this agreement. Such
assignment will be in a form approved by the City Attorney.
18. Implement Previously Adopted Conditions of Approval
Pertinent to Project. The Project shall comply, remain in
compliance, and implement the terms, conditions, and provisions,
as City determines are applic<J!ble to the Property which is the
subject matter of this Agr~ement, of 1) San Miguel Ranch
Tentative Tract Map (CVT 99-04), previously approved by City
Council Resolution No. 2000-068 on February 29, 2000 and 2) San
Miguel Ranch Phase I, II, and IV Final Map Supplemental
Subdivision Improvement Agn¡emènt, which was approved by
Resolution No. 2001-259 on August 7, 2001.
19. Miscellaneous.
a. Notices. Unless otherwise provided in this
Agreement or by law, any and all notices required or permitted by
this Agreement or by law to b~ served on or delivered to either
party shall be in writing a!þ.d shall be deemed duly served,
delivered, and received when pe'rsonally delivered to the party to
whom it is directed, or in lie~ thereof, when three (3) business
days have elapsed following deposit in the U.S. mail, certified
or registered mail, return receipt requested, first-class postage
prepaid, addressed to the address indicated in this Agreement. A
party may change such address for the purpose of this paragraph
by giving written notice of such change to the other party.
CITY OF CHULA V~STA
276 Fourth Avenue
Chula Vista, CAi. 91910
Attn: Director of Public Works
Developer:
Shea Homes Limited Partnership
10721 Treena Street, Suite 200
San Diego, CA 92131
Phone (858) 549.3156;
7
7-2--6
.,
Fax:
(858) 549-0112
Attn.: John Vance
A party may change such address for the purpose of this paragraph
by giving written notice of such change to the other party in the
manner provided in this paragraph.
b. Captions. Captions in this Agreement are inserted
for convenience of reference and do not define, describe or limit
the scope or intent of this Agreement or any of its terms.
c. Entire Agreement. This Agreement contains the
entire agreement between the parties regarding the subject matter
hereof. Any prior oral or written representations, agreements,
understandings, and/or statements shall be of no force and
effect. This Agreement is not intended to supersede or amend any
other agreement between the parties unless expressly noted.
d. Preparation of Agreement. No inference, assumption
or presumption shall be drawn from the fact that a party or his
attorney prepared and/or drafted this Agreement. It shall be
conclusively presumed that both parties participated equally in
the preparation and/or drafting this Agreement.
e. Recitals; Attachments. Any recitals set forth
above and Attachments hereto are incorporated by reference into
this Agreement.
f. Attorneys' Fees. If either party commences
litigation for the judicial interpretation, reformation,
enforcement or rescission hereof, the prevailing party will be
entitled to a judgment against the other for an amount equal to
reasonable attorneyls fees and court costs incurred. The
"prevailing party" shall be deemed to be the party who is awarded
substantially the relief sought.
[NEXT PAGE IS PAGE ONE OF TWO SIGNATURE PAGES]
8
-¡~2b
[PAGE ONE OF TWO SIGNATURE PAGE~ TO SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR SAN MIGUEL RANCH PLANNING AREA "H"
FINAL MAP]
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed the day and year first hereinabove set forth.
CITY OF CHULA VISTA
Mayor
Attest:
Susan Bigelow
City Clerk
Approved as to form by
æ C/
J~e~
City Attorney
9
7-').7
."
",
[PAGE TWO OF TWO SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR SAN MIGUEL RANCH PLANNING AREA "H"
FINAL MAP]
DEVELOPERS/OWNERS:
Shea Homes Limited Partnership,
a California limited partnership
By:
J. F. Shea Co ';~n;}1' a Nevada,
::~~n:~refR1
By: '., ~ ,yerelzuy
10
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ATTACHMENT "A"
LEGAL DESCRIPTION OF PROPERTY
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF
CALIFORINA, COUNTY OF SAN DIEGO, AND IS DESCREIBED AS FOLLOWS:
LOTS 7 AND 9, AND A PORTION OF CALLE LA QUINTA, A DEDICATED
PUBLIC STREET OF CHULA VISTA TRACT NO. 99-04 PHASES 1, 2, & 4 "A"
MAP NO.1, ACCORDING TO MAP THEREOF NO. 14261, IN THE CITY OF
CHULA VISTA, FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST
7, 2001.
J,\Engineer\LANDDEv\san Miguel Ranch\SanMiguelHMap-SSIA.doc
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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State of California
County of
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personally appeared
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0 proved to me on the basis of satisfactory
evidence
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8 Commission II 1235228
S, No1ay PubI1c . Califomia f
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to be the person(s) whose name(s) is@
subscribed to the within instrument and
acknowledged to me that ~xecuted
the same in ~ authorized
capacity(ies), and that by' heir
signature(s) on the instrument the person(s , or
the entity upon behalf of which the person(s)
acted, executed the instrument
PI", No"~ $", AIi".
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document
Description of Attached Document ()I
Tille or Type of Document: s.." Mij"e,¡ í{(JY'Ir~ Yann'IjRN'fA It hn,,¡
Document Date: Number of Pages: ) 0
filcli>
I
Signer(s) Olher Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
0 Individuai
[J Corporate Officer - Tille(s):
0 Partner - 0 Limited II General
0 Attorney in Fact
0 Trustee
[] Guardian or Conservator
0 Other:
.
Top 01 thomb heee
Signer is Representing:
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@1997 N,lio," No"~A",,i,lioo . 9350 D,SotoA," , PO 8,,2402' Ch,,"wo"h,CA 91313-2402 Pmd, No, 5907 R,oed" C,IIToII.Fc" 1.BOO.87'.'B27
7-30
RESOLUTION NO. 2002-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE GRANT OF EASEMENTS
AND MAINTENANCE AGREEMENT FOR SAN MIGUEL
RANCH NEIGHBORHOOD "H". ESTABLISHING SPECIFIC
OBLIGATIONS AND RESPONSIBILITIES FOR
MAINTENANCE OF PRIVATE LANDSCAPING WITHIN
PUBLIC RIGHT -OF- WAY AND AUTHORIZING THE MAYOR
TO EXECUTE SAID AGREEMENT
WHEREAS, the grant of easements and maintenance agreement sets forth the master developer's
obligation to maintain landscaping in the public right of way; and
WHEREAS, the obligation will be assigned to the master homeowner's association (MHOA)
after the landscaping has been established and tumed over to the MHOA to maintain; and
WHEREAS, the "A" map for the project, approved by Council August 7, 2002, contained a
similar agreement for backbone streets and further agreements will be brought before Council with each
subsequent maps for MHOA maintained public property within the subdivision boundary.
WHEREAS, staffbelieyes that the proposed agreement will guarantee the maintenance of
the aforementioned private improvements and recommends Council approval.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve the grant of easements and maintenance agreement for San Miguel
Ranch Neighborhood "H", establishing specific obligations and responsibilities for maintenance
of private landscaping within public right-of-way, 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 on behalf of the City of ChuIa Vista.
Presented by
Approyed as to fonTI by
John P. Lippitt
Director of Public Works
~~~"
City Attorney
n,UomcylresolHOA SMR Neighorhood H
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RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City Clerk
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
No transfer tax is due as this is a conveyance
to a public agency for less than a fee interest
for which no cash consideration has been paid
or received.
(ABOVE SPACE FOR RECORDER'S USE)
GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT
CHULA VISTA TRACT NO. 99-04 SAN MIGUEL RANCH, NEIGHBORHOOD "H"
Map No-
(DEDICATED EASEMENTS)
This GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT ("Agreement") is
made as of this- day of January, 2002, by and between the CITY OF CHULA VISTA, a municipal
corporation ("City"), and NNP-TRIMARK SAN MIGUEL RANCH, LLC, a Delaware limited liability
company ("NNP").
RECITALS
A. This Agreement concerns and affects certain improvements with portions of the
real property located in Chula Vista, California, more particularly described in Exhibit "A" attached
hereto and incorporated herein ("Property"), The Property is part of a planned residential
development project commonly known as "San Miguel Ranch", Chula Vista Tract No. 99-04, being
the subject of the City Council Resolution No. 2001-261 (the "City Resolution"). For purposes
of this Agreement, the term "Project" shall refer to the overall San Miguel Ranch project, including,
but not limited to the "Property."
B, NNP is the Declarant under that certain Master Declaration of Restrictions For
San Miguel Ranch Master Association filed or to be filed for record in the Official Records of San
Diego County, California (the "Master Declaration"), The Master Declaration provides for SAN
MIGUEL RANCH MASTER ASSOCIATION, a California Nonprofit Mutual Benefit Corporation
("MHOA") to maintain certain areas in the Project. Furthermore, one or more sub-associations
may be formed ("SHOA") for a particular project(s) within San Miguel Ranch, the purposes of
which would include the maintenance of certain amenities within the project over which the SHOA
has jurisdiction.
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C. The Property is or will become covered by the final maps (the "Final Maps")
described on Exhibit "A" attached hereto and referenced in the title to this Agreement.
D. In order for NNP to obtain the Final Maps and for the City to have assurance that
the maintenance of certain areas within the Project would be provided for, the City and NNP
entered into a Supplemental Subdivision Improvement Agreement pursuant to the City Resolution,
in which NNP agreed that maintenance of such areas shall be accomplished by the creation of
a home owners association. The Parcels shown on Exhibit "B" attached hereto describe those
particular areas which were dedicated to the public on one or more of the Final Maps but which
include landscaping and drainage improvements to be maintained by the MHOA. The public areas
to be maintained by the MHOA are collectively referred to as the "MHOA Maintained Public Areas."
E. The City desires to grant to NNP easements for landscape maintenance purposes
upon, over and across the MHOA Maintained Public Areas as shown on Exhibit "B," in order
to facilitate the obligations of NNP as set forth in Supplemental Subdivision Improvement
Agreements, adopted pursuant to the City Resolution.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties
agree as set forth below.
1. Grant of Easements. The City hereby grants to NNP and its agents, successors
and assigns, the following easements over the MHOA Maintained Public Areas:
(a) Non-exclusive easements and rights-of-way over and across all Parcels
described on Exhibit "A" for the purpose of maintaining, repairing and replacing the
following:
(i)
The landscaping within medians and parkways in Mount Miguel
Road and Proctor Valley Road as shown and described on Exhibit
"B" attached hereto;
(ii)
The landscaping within the parkways of additional roads as shown
and described on Exhibit "B" attached hereto;
These grants are made without any warranties of any kind, express or implied, other than the
warranty stated in Paragraph 13(f) below.
2.
Maintenance Responsibilities.
(a) NNP to Initially Maintain. NNP hereby covenants and agrees, at its sole
cost and expense, to maintain, repair and replace, or cause to be maintained, repaired
or replaced, those improvements within the MHOA Maintained Public Areas which are
described on Exhibit "C" attached hereto, at a level equal to or better than the level of
maintenance set forth in the Section of the Master Declaration entitled "Level of Landscape
Maintenance". For purposes of this Agreement, the term "Maintenance" or "Maintain"
BAJH\ T,im~k\SM\Cil y Ag".,IE"M,in(City) 141 ,n02, wpd
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shall mean the maintenance, repair and replacement abligatians described herein and
an Exhibit "C" hereto and shall als.o include repair and replacement at n.o cast ta the City
.of any City owned praperty that is damaged during perfarmance of the maintenance
respansibilities pursuant ta this Agreement. Exhibit "C" alsa refers ta the maintenance
respansibilities .of City.
(b) Transfer ta MHOA. Upon NNP's transfer .of maintenance abligatians ta the
MHOA, (i) the MHOA shall became .obligated ta perfarm the abligatians sa transferred,
and (H) subject to the City determining that the requirements .of Paragraph 3 belaw have
been satisfied, NNP shall be released from such abligatian. Transfer .of maintenance
abligatians ta the MHOA may be phased (that is, there may be multiple transfers).
(c) Transfer By MHOA. The MHOA shall have the rightta transfer Maintenance
abligatians ta a sub-assaciatian ("SHOA") .or to the .owner .of an apartment project
("Transferee"). Upan the MHOA's transfer .of Maintenance .obligations ta a Transferee,
(i) the Transferee shall became obligated ta perfarm the .obligations sa transferred, (ii)
the MHOA shall retain the right ta perfarm the Maintenance shauld the Transferee fail
ta da sa, and (iii) the MHOA shall be released from the abligatians sa transferred subject
ta the City determining that the requirements .of Paragraph 4 belaw have been satisfied.
Althaugh it is passible that Maintenance abligatians might be transferred ta an apartment
owner, NNP does nat believe it is likely that Maintenance abligatians will be transferred
to an apartment .owner.
3.
Assianment bv NNP and Release .of NNP
(a) Assignment. Upan NNP's transfer of the Maintenance abligatians ta the
MHOA, it is intended by the parties that the MHOA shall perfarm the Maintenance
abligatians either itself or by cantractars. Such transfer will release NNP from its abligatians
.only if all .of the fallowing .occur:
(i) MHOA Accepts Obliaatian. The MHOA has uncanditianally accepted
and assumed all .of NNP's .obligatians under this Agreement in writing, such
assignment provides that the burden .of this Agreement remains a cavenant running
with the land, and the assignee expressly assumes the abligatians .of NNP under
this Agreement. The assignment shall alsa have been appraved by the apprapriate
gaverning bady .of the MHOA by resalutian or similar procedural method and
approved as ta farm and cantent by the City Attarney. The City shall nat
unreasanably withhald its consent ta such assignment.
(ii) MHOA's Master Declaratian. The City has reviewed and appraved
the MHOA's recarded Master Declaratian ta canfirm that said dacument contains
appropriate maintenance, indemnity and insurance provisians. The City hereby
acknawledges that it has so appraved the Master Declaratian. This canditian "(ii)"
will apply to any further amendments which require City's cansent pursuant ta
pravisians .of the Master Declaratian or which wauld be cantrary ta the terms .of
this Agreement.
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(iii) MHOA Insurance. The MHOA procures and formally resolves to
maintain at its sole cost and expense, commencing no later than the City's release
of all of NNP's landscape maintenance bonds, a policy of public liability insurance
which at least meets the requirements of Section 5.1 (a) of the Master Declaration
which reads as follows:
"(a) General Liability Insurance. The Master
Association shall obtain a comprehensive general
liability and property damage insurance policy
insuring the Master Association and the Owners
against liability incident to ownership or use of the
Master Association Property. The limits of such
insurance shall not be less than $3 Million covering
all claims for death, personal injury and property
damage arising out of a single occurrence. The
insurer issuing such insurance shall have rating by
A.M. Best of "A, Class V" or better with no modified
occurrences and as admitted by Best's Insurance
Guide. Such insurance shall include the following
additional provisions provided they are available on
a commercially reasonable basis:
(i) The City of Chula Vista shall be
named as an additionally insured party to such
insurance pursuant to the City's requirements the
Master Association do so;
(ii) The policy shall not contain a
cross-suit exclusion clause which would abrogate
coverage should litigation ensue between insureds;
(iii) The policy shall contain the
following severability clause (or language which is
substantially the same): "'The coverage shall apply
separately to each insured except with respect to the
limits of liability'."
The MHOA shall provide the City with a Certificate of Insurance upon acceptance
of the transfer of the Maintenance obligations herein.
(b) Release. When all conditions precedent in Paragraph 3(a) are fulfilled, NNP
shall be released from its obligations under this Agreement, including its security and
insurance requirements. NNP acknowledges that it has a contractual obligation to perform
the terms and conditions of this Agreement until and unless released by the City from
this Agreement. At least sixty (60) days prior to such transfer, NNP shall give a notice
to the City of NNP's intent to transfer its Maintenance obligations herein and provide the
City with the appropriate documents listed in Paragraph 3(a).
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4.
Assianment bv MHOA and Release of MHOA.
(a) Assignment. Upon MHOA's transfer of the Maintenance obligations to a
Transferee, it is intended by the parties that the Transferee shall perform the Maintenance
obligations either itself or by contractors, Such transfer will release the MHOA from its
obligations only if all of the following occur:
(i) Transferee Accects Obliaation. The Transferee has unconditionally
accepted and assumed all of the MHOA's obligations under this Agreement in
writing, such assignment provides that the burden of this Agreement remains a
covenant running with the land, and the assignee expressly assumes the obligations
of the MHOA under this Agreement. If the Transferee is an SHeA, the assignment
shall also have been approved by the appropriate governing body of the SHeA
by resolution or similar procedural method and approved as to form and content
by the City Attorney. The City shall not unreasonably withhold its consent to such
assignment.
(ii) SHeA's Declaration of Restrictions. If the Transferee is an SHeA,
the City has reviewed and approved the SHeA's recorded Declaration of
Restrictions to confirm that said document contains appropriate maintenance and
insurance provisions.
(iii) SHeA Insurance. The Transferee procures and formally resolves
to Maintain at its sole cost and expense, a policy of public liability insurance which
meets the requirements set forth in Paragraph 3 (a) (iii) above. The SHeA shall
provide the City with a Certificåie of Insurance upon acceptance of the transfer
of the Maintenance obligations herein.
(b) Release. When all conditions precedent in Paragraph 4(a) are fulfilled, the
MHOA shall be released from its obligations under this Agreement, including its security
and insurance requirements. At least sixty (60) days prior to such transfer, MHOA shall
give notice to the City of MHOA's intent to transfer its Maintenance obligations herein and
provide the City with the appropriate documents listed in Paragraph 4(a).
5. NNP's Insurance. Until such time as the MHOA has obtained the general liability
insurance required by Section 5.1 (a) of the Master Declaration, NNP hereby agrees to procure
and maintain a policy of comprehensive general liability insurance written on a per occurrence
basis in an amount not less than One Million Dollars ($1,000,000) combined single limit, at its
sole cost and expense.
6. Indemnitv. NNP hereby indemnifies the City as setforth in Section 6.3 of the Master
Declaration, which reads as follows:
"6.3 Indemnitv. The Declarant and Master Association,
respectively, shall indemnify and hold the City, its officers, agents
and employees harmless from any liability, cost or expense,
including reasonably incurred attorneys' fees, which result from the
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Declarant's or the Master Association's respective failure to comply
with the requirements of the Section above entitled "Continuing
Obligation To Maintain Certain Public Areas". Neither the Declarant
nor the Master Association shall have any liability under this Section
by reason of (i) the other party's failure to maintain or (ii) any
Transferee's failure to maintain. It is specifically intended that the
City shall have the right to enforce this Section. This Section may
not be amended without the written consent of the City Planning
Director or City Attorney."
7. Indemnitv If Transferee. The document whereby the MHOA transfers a Maintenance
obligation to an SHeA or apartment owner shall be signed by both the MHOA and the Transferee
and shall set forth an express assumption of Maintenance and other obligations hereunder and
shall include the following indemnification provision:
Indemnity. The [Transferee's name] shall indemnify and hold the City, its
officers, agents and employees, harmless from any liability, cost or expense,
including reasonably incurred attorneys' fees, which result from the Transferee's
failure to comply with the requirements of the obligations transferred hereby to
Transferee. Transferee shall not have any liability under this Indemnity by reason
of another party's failure to maintain. It is specifically intended that the City shall
have the right to enforce this Indemnity. This I ndemnity may not be amended without
the written consent of the City Planning Director or City Attorney.
8.
Aareement ADDlicable to Subseauent Owners.
(a) Agreement Binding Upon Any Successive Parties. This Agreement shall
be binding upon NNP and any successive Declarant under the Master Declaration. This
Agreement shall be binding upon MHOA and any Transferees upon transfer of maintenance
obligations to the MHOA or Transferee, respectively. This Agreement shall inure to the
benefit of the successors, assigns and interests of the parties as to any or all of the
Property.
(b) Agreement Runs With the Land. The burden of the covenants contained
in this Agreement ("Burden") is for the benefit of the Property and the City, its successors
and assigns, and any successor-in-interest thereto. The City is deemed the beneficiary
of such covenants for and in its own ri ght and for the purposes of protecting the interest
of the community and other parties, puli>lic or private, in whose favor and for whose benefit
such covenants running with the land have been provided, without regard to whether the
City has been, remained or are owners of any particular land or interest therein. If such
covenants are breached, the City shall have the right to exercise all rights and remedies
and to maintain any actions or suits at law or in equity or other proper proceedings to
enforce the curing of such breach to which it or any other beneficiaries of this Agreement
and the covenants may be entitled.
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9. Governina Law. This Agreement shall be governed and construed in accordance
with the laws of the State of California.
10. Effective Date. The terms and conditions of this Agreement shall be effective as
of the date this Agreement is recorded in the Oflicial Records of the San Diego County Recorder's
Office,
11, CounterDarts. This Agreement may be executed in any number of counterparts,
each of which shall be original and all of which shall constitute one and the same document.
12. Recordina. The parties shall cause this Agreement to be recorded in the Official
Records of the San Diego County Recorder's 'Office within thirty (30) days after this Agreement
has been approved by the City Council.
13.
Miscellaneous Provisions.
(a) Notices. Unless otherwise provided in this Agreement or by law, any and
all notices required or permitted by this¡ Agreement or by law to be served on or delivered
to either party shall be in writing and shrall be deemed duly served, delivered and received
when personally delivered to the party to whom it is directed or, in lieu thereof, when three
(3) business days have elapsed following deposit in the United States mail, certified or
registered mail, return receipt requested, first-class postage prepaid, addressed to the
address indicated in this Agreement. A party may change such address for the purpose
of this Paragraph by giving written notice of such change to the other party.
lITo City:
CITY OF CHULA VISTA
Department of Public Works/Engineering Division
276 Fourth Avenue
Chula Vista, CA 91910
Attn: City Engineer
If To NNP:
NNP-TRIMARK SAN MIGUEL RANCH, LLC
The San Miguel !Ranch Company
85 Argonaut, Suite 205
Aliso Viejo, CA 92656
Attn: Mr. Stephen E. Hester
(b) Captions. Captions in ¡this Agreement are inserted for convenience of
reference and do not define, describe Qr limit the scope or intent of this Agreement or any
of its terms.
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(c) Entire Agreement. This (\greement, together with any other written document
referred to herein, embody the entire a'greement and understanding between the parties
regarding the subject matter hereof, a'nd any and all prior or contemporaneous oral or
written representations, agreements, understandings and/or statements shall be of no
force and effect. This Agreement is not intended to supersede or amend any other
agreement between the parties unless ,expressly noted.
(d) Recitals; Exhibits. Any recitals set forth above and any attached exhibits
are incorporated by reference into this Agreement.
(e) Compliance With Laws. In the performance of its obligations under this
Agreement, NNP, its agents and employees, shall comply with any and all applicable
federal, state and local rules, regulatitþns, ordinances, policies, permits and approvals.
(f) Authority of Signatorie$. 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 Agreemen~, and that all resolutions and/or other actions have
been taken so as to enable said signatory to enter into this Agreement.
(g) Modification. This AgreE¡ment may not be modified, terminated or rescinded,
in whole or in part, except by written instrument duly executed and acknowledged by the
parties hereto, their successors or assigns, and duly recorded in the Official Records of
the San Diego County Recorder's Office.
(h) Severability. If any terrj1, covenant or condition of this Agreement or the
application thereof to any person or Fircumstance shall, to any extent, be invalid or
unenforceable, the remainder of this Ag reement, or the application of such term, covenant
or condition to person or circumstance, shall not be affected thereby and each term,
covenant or condition shall be valid am;1 be enforced to the fullest extent permitted by law.
(i) Preparation of Agreem$nt. No inference, assumption or presumption shall
be drawn from the fact that a party or it~ attorney prepared and/or drafted this Agreement.
It shall be conclusively presumed that both parties participated equally in the preparation
and/or drafting of this Agreement.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first set forth above.
CITY OF CHULA VISTA, a municipal corporation
By:
Mayor
Attest:
Susan Bigelow, City Clerk
APPROVED AS TO FORM:
By:
City Attorney
NNP-TRIMARK SAN MIGUEL RANCH, LLC, a Delaware limited liability company
By
Its
~~~
~ 4~ , J ;/!~~/
(ace ¡âÆi..-r".!J~T'
T,IAIH\ Trim"klSMlCity Ag,ee\Eo.M,in(Chy) 141",02. wpd
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STATE OF CALIFORNIA
)
) ss.
COUNTY OF SAN DIEGO )
On 7 ~, 200 1..--, before me, t!1; GAof.1A-.J ,
Not ry Public in apd fqr ~ State, personally appeared J...A..DoNNA: k. ...{o/IJ~ fl-t.JD
f/f/1::-;') £. ~n¡¿
personally known to me (gr ¡;ire'/eg te r:R8 er:¡ ti:1g Basis of €atisfastery Dllielence) to be the person(s)
whose name( s) 'p¡{jare subscribed to the within instrument and acknowledged to me that l:ieI&Ae/they
executed the same in bistl:ler/their authorized capacity(ies), and that by hìelRef/their signature(s)
on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
WITNESS my hand and official seal. ~ ""'c"-=" Q; lI:;IeI 0000
~I ci:..~1 !
NOfNIY ~ !I
IAN DEOO COUNtY
I ""eom.,EJp,Aptl2Ø,2OII8 I
~~
(Seal)
Signature
STATE OF CALIFORNIA
)
) ss.
)
COUNTY OF SAN DIEGO
On , 200_, before me,
Notary Public in and for said State, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)
on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
WITNESS my hand and official seal.
Signature
(Seal)
BAJH\Trim"k\SMlCity Ag",IE"Main(City) 141 an02, wed
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EXHIBIT "A"
Leaal Description
7-Lf2-
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL A:
PORTIONS OF MOUNT MIGUEL ROAD AS DEDICATED TO PUBLIC USE ON CHULA VISTA
TRACT NO, 99-04, SAN MIGUEL RANCH PHASES 1, 2, & 4 "A" MAP NO, 1, ACCORDING TO
MAP THEREOF NO. 14261 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY ON AUGUST 21, 2001 TOGETHER WITH PORTIONS OF MOUNT MIGUEL
ROAD AS DEDICATED TO PUBLIC USE ON CHULA VISTA TRACT NO. 89-09, SALT CREEK
1 - UNIT NO.1 ACCORDING TO MAP THEREOF NO. 12827 FILED IN SAID OFFICE OF THE
COUNTY RECORDER ON JUNE 18, 1991 ALL IN THE CITY OF CHULA VISTA, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA.
PARCEL A-1:
PORTIONS OF PROCTOR VALLEY ROAD AS DEDICATED TO PUBLIC USE ON SAID MAP
NO. 14261,
PARCEL A-2:
PORTIONS OF PROCTOR VALLEY ROAD PER THAT EXISTING EASEMENT FOR STREET
PURPOSES TO THE CITY OF CHULA VISTA PER DOCUMENT RECORDED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY NOVEMBER 13,1997 AS FILE NO.
1997-0571418 OF OFFICIAL RECORDS OF SAID COUNTY AND AS SHOWN ON SAID MAP
NO. 14261.
PARCEL A-3:
PORTIONS OF CALLE LA MARINA WEST AS DEDICATED TO PUBLIC USE_ON SAID MAP
NO. 14261.
PARCEL A-4:
PORTIONS OF CALLE LA MARINA EAST AS DEDICATED TO PUBLIC USE ON SAID MAP
NO, 14261,
PARCEL A-5:
PORTIONS OF PASEO VERACRUZ AS DEDICATED TO PUBLIC USE ON SAID MAP NO.
14261.
PAGE 1 OF 2
:DV M:\2091\008\Le9al Descriptions\A21 ESMT & LlC AGREE bkbn & H,doc
WO 2091.0002 2/1/02 ì ~4- 3
PARCEL A-5:
PORTIONS OF CALLE LA QUINTA AS DEDICATED TO PUBLIC USE ON SAID MAP NO.
14261.
PARCEL A-7:
PORTIONS OF CORTE TROVA AS DEDICATED TO PUBLIC USE ON CHULA VISTA TRACT
NO. 99-04, SAN MIGUEL RANCH PLANNING AREA "H", ACCORDING TO MAP THEREOF
NO, - FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY
ON , 200- BEING A SUBDIVISION OF LOTS 7 AND 9 OF SAID MAP NO.
14261,
PARCEL A-a:
PORTIONS OF CORTE VENTURA AS DEDICATED TO PUBLIC USE ON CHULA VISTA
TRACT NO. 99-04, SAN MIGUEL RANCH PLANNING AREA "H", ACCORDING TO MAP
THEREOF NO, - FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY ON _,200- BEING A SUBDIVISION OF LOTS 7 AND 9 OF SAID
MAP NO. 14261.
PARCEL A-9:
PORTIONS OF PLAZA CALI MAR AS DEDICATED TO PUBLIC USE ON CHULA VISTA
TRACT NO, 99-04, SAN MIGUEL RANCH PLANNING AREA "H", ACCORDING TO MAP
THEREOF NO. - FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY ON _,200- BEING A SUBDIVISION OF LOTS 7 AND 9 OF SAID
MAP NO. 14261.
PARCEL A-10:
PORTIONS OF PLAZA TOLUCA AS DEDICATED TO PUBLIC USE ON CHULA VISTA TRACT
NO. 99-04, SAN MIGUEL RANCH PLANNING AREA "H", ACCORDING TO MAP THEREOF
NO, - FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY
ON , 200- BEING A SUBDIVISION OF LOTS 7 AND 9 OF SAID MAP NO,
14261.
PAGE 2 OF 2
:DV M:\2091\008\Legal Descriptions\A21 ESMT & LlC AGREE bkbn & H.doc
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EXHIBIT "B"
Plats Showing Public Areas To Be Privately Maintained
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Maintenance Responsibilities
City of Chula Vista
Area HOA Maintenance Maintenance
Parkways within those Landscaping in parkways Maintenance of curb, gutter,
portions of Calle La Marina and medians including sidewalks and pavement.
West, Calle La Marina East, irrigation, trimming and
Paseo Veracruz, Calle La pruning of trees, and
Quinta, Corte Trova, Corte maintenance and irrigation
Ventura, Piaza Cali mar and of turf areas.
Plaza Toluca as shown on
Exhibit "8" and medians and
parkways located in those
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Road and Proctor Valley
Road as shown on Exhibit
"8"
T,IAJH\ T,¡m'rl<\SM\CityAg...IE"M,¡,,(City) 14hn02. wpd
7 -Gz.
COUNCIL AGENDA STATEMENT
Item
Meeting Date 2/26/02
ITEM TITLE: Resolution Amending the FY01/02 budget by appropriating
$23,145 from un-appropriated balance of two (2) funds for the
replacement of' malfunctioning irrigation sprinklers along the
Telegraph Canyon Road's scenic corridor to comply with the
County Health Department regulations for using reclaimed water.
SUBMITTED BY: Director of Public Works
REVIEWED BY: City Manager'S:, W (4/5ths Vote: Yes X No
Otay Water District (OWD) recently completed the installation of a new sixteen-inch
reclaimed water line in December of 2001 along the Telegraph Canyon Road scenic
corridor. The reclaimed water line will supply the irrigation water for public landscape
areas such as parks, landscaped open space areas, golf courses, etc. The City's policy is
to convert to reclaimed water for public landscape areas whenever it is available to
preserve potable water. The condition of the existing irrigation system along Telegraph
Canyon Road does not comply with the County of San Diego Health Department
regulations for the use of reclaimed water. The existing sprinklers do not maintain their
designated spray pattern and are continually out of adjustment causing over-spray onto
sidewalks and streets.
RECOMMENDATION: That Council amend the FY01/02 budget by appropriating a
total of $23,145 from the un-appropriated balance of the Gas Tax Fund ($21,841) and the
reserve fund for Open Space District 20, Zone 7 ($I,304) for the replacement of
malfunctioning irrigation sprinklers along the Telegraph Canyon Road's scenic corridor
to comply with the County Health Department regulations for using reclaimed water.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
irrigation systems for the City's landscaped parkways and median areas along the
Telegraph Canyon Road scenic corridor from Paseo del Rey east to Rutgers Avenue are
to be converted to reclaimed water with the completion of Otay Water Disthct's sixteen-
inch reclaimed water project in December of 200l. Within a portion of the Open Space
District areas, staff has retrofitted the malfunctioning sprinklers in anticipation of' the
conversion to a reclaimed water supply, with funds collected from the property owners
within the districts. With respect to the area in question, a portion of the northern side is
located with Open Space District 20, Zone 7 and the entire southern side is located within
CFD 97 1. An additional portion along the northern side is not in any kind of disthct
and is proposed to be funded from the unappropriated balance of the Gas Tax fund. The
City currently utilizes Gas Tax funds to maintain these areas. Staff was informed that the
OWD's contractor would make the repairs because of the many interruptions and damage
to landscape that occurred during the construction phase of the project. However, in
December of 2001, OWD informed staff that because of the cost overruns in completing
their projects, there were no funds available to change out the sprinklers.
Page 2, Item ~
Meeting Date 2/19/02
Staff was notified in mid-December of 2001 that the reclaimed water line was nearing
completion and that the City needed to change out the malfunctioning sprinklers or have
OWD provide a new supply source of potable water for these systems. The
aforementioned systems are non-potable lines supplied with potable water until the
sixteen-inch reclaim line is completed.
To provide new potable connections, would necessitate trenching across Telegraph
Canyon Road at eight locations to install new service lines to the meters to supply the
water for the affected landscaped areas. The cost would be approximately $56,000. This
is more than the cost to change out the equipment. Changing out the equipment is
preferable to further disruption of traffic along this road and the system will be in
compliance to San Diego County Department of Health regulations and the City's Policy.
Staff solicited informal bids from three landscape contractors to change out the irrigation
sprinklers. The following bids were received:
COMPANY
BID
I. Tru-Green Landscape Company
2. Dreamscape Landscape Contractors
3. Starcrest Landscape
$43,727.25
$47,676.75
$69,370.00
As indicated above, Tru-Green Landscape Company represents the lowest bid. The City
Manager is authorized to approve the contract with the low bidder.
FISCAL IMPACT:
Approval of this resolution appropriates $23,145 to the below accounts to replace the
malfunctioning irrigation sprinklers along the Telegraph Canyon Road's scenic corridor
to comply with the County Health Department regulations for using reclaimed water.
The impact to the City's budget is as follows:
Additional Appropriations to:
Total
$21,841
$ 1,304
$23,145
Gas Tax Fund (22110-6401)
OSD 20, Zone 7 (37270-6401)
The balance of the funding ($20,583) will be from existing accounts within the
maintenance budgets for CFD 97 - I.
1';1" 033040-AJ
0930-30-0S0 Gen"al
H,IPubl;c Works Operat;onslAl13 Telegraph Canyon Road Spr;nklcrsjg.doc
8-Z-
RESOLUTION NO. 2002-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FYOll02 BUDGET BY APPROPRIATING $23,145 FROM
THE UNAPPROPRIATED BALANCE OF TWO (2) FUNDS FOR THE
REPLACEMENT OF MALFUNCTIONING IRRIGATION SPRINKLERS
ALONG THE TELEGRAPH CANYON ROAD'S SCENIC CORRIDOR TO
COMPLY WITH THE COUNTY HEALTH DEPARTMENT REGULATIONS
FOR USING RECLAIMED WATER
WHEREAS, Otay Water District (OWD) recently completed the installation of a new
sixteen-inch reclaimed water line in December of 2001 along the Telegraph Canyon Road
scenic corridor; and
WHEREAS, the reclaimed water line will supply the irrigation ~ater for public
landscape areas and the City's policy is to convert to reclaimed water for public landscape
areas whenever it is available to preserve potable water; and
WHEREAS, the condition of the existing irrigation system along Telegraph Canyon
Road does not comply with the Count of San Diego Health Department regulations for the use
of reclaimed water; and
WHEREAS, the existing sprinklers do not maintain their designated spray pattern and
are continually out of adjustment causing over-spray onto sidewalks and streets; and
WHEREAS, staff solicited the following tree informal bids from three landscape
contractors to change out the irrigation sprinklers:
Tru-Green Landscape Company
Dreamscape Landscape Contractors
Starcrest Landscape
$43,727.25
$47,676.75
$69,370.00
WHEREAS, Tru-Green Landscape Company represents the lowest bid and the City
Manager is authorized to approve the contract with the low bidder.
WHEREAS, an appropriation of $23,145 is needed in conjunction with funding from
existing accounts to replace the malfunctioning irrigation sprinklers.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby amend the FYOl/02 budget by appropriating $21,841 from the
unappropriated balance of the Gas Tax Fund and $1,304 from the reserve for Open Space
District 20, Zone 7 for the replacement of malfunctioning irrigation sprinklers along the
Telegraph Canyon Road's scenic corridor to comply with the County Health Department
regulations for using reclaimed water.
8-3
Presented by:
John P. Lippitt
Director of Public Works
],IAttorneyIResoISpdnkler appropdat;on
Approved as to form by:
Ç)r.t'.J;... /((4./
~n M. Kaheny
ity Attorney
'6'~1f
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COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 2/26/02
ITEM TITLE: Public Hearing on Intention to Form Assessment District 2001-3 (D Street)
Resolution Declaring the Results of the Assessment Ballot
Tabulation for Assessment District 2001-3 (D Street) and Making Findings
Pursuant to Chapter 27 of the Improvement Act of 1911 and Article XIIID of
the Constitution of the State of California
SUBMITTED BY: Director of Public Work~/~
REVIEWED BY: City Manager F' (4/Sths Vote: Yes __ No~
Four property owners on the north side of the 300 block of D Street have missing sidewalk
improvements and have petitioned the City to commence proceedings pursuant to Chapter 27 of the
Improvement Act of 1911 (the "Block Act") and Article XIIID of the Constitution of the State of
California ("Article XIIID") to finance the construction of these improvements. On December 11,
2001 Council adopted Resolutions Nos. 2001-428, 2001-429 and 2001-430 which accepted the
petition, approved the proposed boundary map and preliminary Assessment Engineer's Report, set a
public hearing and ordered the initiation of Assessment Ballot proceedings pursuant to Article
XIIID. The public hearing has been continued from February 5, 2002.
RECOMMENDATION: That Council:
1. Hold the public hearing, receive testimony, and close the public hearing;
2. Tabulate the results of the Assessment Ballot procedure; and
3. If the tabulation of the Assessment Ballots reveals that a majority protest to the levy of
the assessments does not exist, approve the resolution making findings at the public
hearing pursuant to Chapter 27 of the Improvement Act of 1911 (the "Block Act")
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
On December 11, 2001 Council adopted Resolutions 2001-428, 2001-429 and 2001-430
(Attachment A). Resolution 2001-428 accepted a petition signed by property owners at 305, 311,
317 and 321 D Street for the formation of an assessment district pursuant to the Block Act to finance
the construction of missing sidewalk improvements along the north side of D Street. Resolution
2001-430 approved the proposed district boundary map. Resolution 2001-429 declared the intent to
form Assessment District No. 2001-3, approved the preliminary Assessment Engineer's Report,
ordered the installation of improvements, set a public hearing for February 5, 2002 at 4:00 pm, and
ordered the initiation of Assessment Ballot proceedings.
Page 2, Item __
Meeting Date 2/26/02
The following cost information was obtained from the Preliminary Engineer's Report and was
included on the property owners' Assessment Ballots as the amount of the assessment proposed to be
levied against each respective parcel:
Address Parcel No. Amount
305 D Street 566-030-30 $6961.00
311 D Street 566-030-54 $5850.00
317 D Street 566-030-25 $5969.00
321 D Street 566-030-23 $ 979.00
PROPERTY OWNERS' TOTAL $19,759.00
Note that the total estimated construction cost, including the City's share, is $23,233.00.
The map showing the proposed boundaries for Assessment District 2001-3 ~vas filed and recorded at
the San Diego County Recorder's office on January 30, 2002.
Assessment Ballots and Assessment Ballot materials were originally mailed to property owners on
December 21, 2001. Due to errors subsequently found in this information, new Assessment Ballots
were sent on January 10, 2002. In order to meet the 45-day notice requirement from the date of
mailing the Assessment Ballots to the date of the public hearing stipulated in Article XIIID, the
public hearing has been continued to February 26, 2002. The property owners were informed that
the revised Assessment Ballots needed to be received by the City Clerk's office prior to 5:00 pm on
February 26, 2002 in order to be counted.
In accordance with Article XIIID of the Call fomia Constitution, property owners may give testimony
at the public hearing for or against the proposed levy of assessments, may submit their Assessment
Ballots at any time prior to the close of the public hearing or may withdraw their Assessment Ballots
and submit new Assessment Ballot at any time prior to the close of the public hearing. The
Assessment Ballots shall remain sealed until the public heating is closed. At that point, the
Assessment Ballots will be tabulated and weighed based on the financial responsibility of the
property owners. Article XIlID, Section 5(e) provides that the City Council may not levy the
assessments ifa majority protest exists. A majority protest exists if the Assessment Ballots submitted
in opposition to the assessments cxcccd thc Asscssment Ballots iu favor of the asscssmcuts.
if the Assessment Ballots submitted in favor of the assessments exceed the Assessment Ballots in
opposition to the assessments and the City Council adopts the above resolution ordering the
installation of the improvements, the Superintendent will proceed with completion of the design
process and cause the construction of the improvements in the proposed assessment district.
Section 2.56 of the Chula Vista Municipal Code does not specifically address procurement for
projects constructed under the Improvement Act of 1911. Consequently, Section 20852 of the Public
Contract Code governs, and the City is therefore required to advertise and obtain sealed bids as part
Page 3, Item __
Meeting Date 2/26/02
of a fore, al bidding process and to award the contract to the lowest responsible bidder. The bidding
and awarding of contracts shall be as provided in Streets and Highways Code Section 5100 et seq.
Following completion of the construction of the improvements, the City Council will be asked to
confirm the final assessments based upon the actual costs of construction of the improvements. So
long as the final assessments are equal to or less than the assessments approved by the property
owners pursuant to the Assessment Ballot procedure, no further public hearing will be necessary, if,
however, the final assessments would exceed the assessments approved by the property owners, it
would be necessary for the City to either (a) conduct a further public hearing and Assessment Ballot
proceeding in order to authorize the levy of the assessments in such higher amounts or (b) find
another source of funding for the difference between what the final assessments would be and the
assessments approved by the property owners. If the City Council elects to conduct a further public
hearing and Assessment Ballot proceeding in order to authorize the levy of the assessments in such
higher amounts and the tabulation of the Assessment Ballots indicates the existence of a majority
protest to such higher assessments, the City Council would be precluded from levying the
assessments at such higher levels. The City Council may nevertheless confirm the final assessments
at the level previously approved by the property owners.
Following confirmation of the final assessments, the property owners will have the option of paying
any portion of the assessments during the 30-day payoff period following acceptance of
improvements and confirmation of assessments. If assessments are not fully paid during that time,
the City customarily collects the unpaid balance on the tax roll over a period of ten years, together
with interest on the unpaid principal at the rate of 7 percent per year. Low income residents are
offered two additional deferral options. Property owners may pay the balance of their assessments at
any time during the ten-year repayment period without penalty.
FISCAL IMPACT: A total of $54,000 was appropriated during Fiscal Year 2000-01 for planning
and design work from the Gas Tax fund. Additionally, the Capital Improvement Program approved
['or Fiscal Years 2001-02 and 2002-03 appropriated an additional $218,000 for Fiscal Year 2002-03
to cover construction costs, anticipating that all missing sidewalk would be constructed on both sides
of the street between Third and Fourth Avenues. These budgets were based on the construction of a
larger project that would include construction of missing sidewalk improvements on both sides olD
Strcct bctwccn Third and Fourth Avcnucs. Duc to thc reduced scopc of thc project, total
construction costs are assumed to be only $23,333. The amount of $19,759 is expected to be repaid
to the City by property owners over a ten-year period at 7 percent interest.
Attachments:
A. Resolutions 2001-428, 2001-429, 2001-430
J:\ENGINEER\AGENDA\DSTREET VOTE1 .EMC.DOC FILE # 0725-10-AD01-3
RESOLUTION NO. 2001-428
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING A PETITION REQUESTING THE
FORMATION OF AN ASSESSMENT DISTR1CT TO INCLUDE
A PORTION OF D STREET FOR THE PURPOSE OF
FINANCING THE CONSTRUCTION OF SIDEWALK
IMPROVEMENTS
WHEREAS, the City Council has been presented and has received a petition from certain
property owners requesting the installation of certain sidewalk improvements, together with
appurtenances and appurtenant work in connection therewith, such improvements to be installed
pursuant to the provisions and authority of Chapter 27 of the "Improvement Act of 191 I," being
Division 7 of the Streets and Highways Code of the State of California; and
WHEREAS, such petition requests that such improvements be financed through the
formation of an assessment district pursuant to thc provisions of Chapter 27, such assessment
district to be known and designated as ASSESSMENT DISTRICT NO. 2001-3 ("D" STREET)
(the "Assessment District").
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1. lhe above recitals are all true and correct.
SECTION 2. It is hereby found that:
A. Such petition has been signed by the owners owning land constituting more than sixty
percent (60%) of (i) the front footage of the unimproved portion of the block requested
by such owners to be improved and (ii) all assessable land proposed to be included within
the boundaries of thc Assessment District.
B. Such petition meets all of the requirements of the "Special Assessment Investigation,
Limitation and Majority Protest Act of 1931," being Division 4 of the Streets and
Highways Code of thc State of California (the "Investigations Act").
C. The property owners have waived the sixty-day period within which such owners are
required to construct the sidewalk improvements.
SECTION' 3. No further proceedings or liinitations under the Investigations Act shall be ap
plicable to these proceedings.
SECTION 4. This petition shall be as a part of the record of these proceedings and shall be
open to public inspection as required by law.
Prescntcd by Approved as to form by
~o[w~. Kaheny
u lic Works Director City Attorney
Resolution 2001-428
Page 2
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 1 lth day of December, 2001, by the following vote:
AYES: Councilmcmbers: Davis, Padilla, Rindone, Salas and Horton
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Shirley Horto ~f, Mayor
ATTEST: ,~
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. 2001-429 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 11th day of December, 2001.
Executed this 11 th day of December, 200l.
Susan Bigelow, City Clerk
RESOLUTION NO. 2001-429
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ORDERING THE INSTALLATION OF
CERTAIN SIDEWALK IMPROVEMENTS ON D STREET,
APPROVING THE PRELIMINARY ENGINEER'S REPORT,
SETTING THE TIME AND PLACE FOR PUBLIC A HEARING,
AND ORDERING THE INSTALLATION OF ASSESSMENT
BALLOT PROCEEDINGS
WHEREAS, the City Council has been presented and has received a petition from certain
property owners requesting the installation of certain sidewalk improvements, together with
appurtenances and appurtenant work in connection therewith, such improvements to be installed
pursuant to the provisions and authority of Chapter 27 ("Chapter 27") of the "Improvement Act
of 1911," being Division 7 of the Streets and Highways Code of the State of California; and
WHEREAS, the City Council, acting in response to such petition, desires to initiate
proceedings to order the installation of such sidewalk improvements pursuant to the provisions
of Chapter 27 and to initiate proceedings pursuant to the provisions of Chapter 27, Article XlIID
ofthe Constitution of the State of California ("Article XIIlD") and the Proposition 218 Omnibus
Implementation Act (Government Code Section 53750 and following) (the "Implementation
Act") (Chapter 27, Article XIIID and the Implementation Act may be referred to collectively
herein as the "Assessment Law") to form an assessment district for the purpose of financing the
cost of installation of such sidewalk improvements, such assessment district to be known and
designated as Assessment District No. 2001-3 ('D' Street) (the "Assessment District"); and
WHEREAS, there has been prepared and filed with this legislative body a report (the
"Report") of the City Engineer, acting as the Assessment Engineer, pertaining to the proposed
Assessment District as provided for in and required by the Assessment Law and the Report has
been presented to this legislative body for its consideration.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION L Recitals. The above recitals are all true and correct.
SECTION 2. Description of Improvements. The public interest and convenience requires, and
this City Council hereby orders the installation of the following public improvements:
Sidewalks along the frontage of 305, 311, 317 and 321 D Street and new
driveway aprons for 305,311 and 371 D Street.
SECTION 3. Plans and Specifications. All of the above mentioned improvements shall be
generally constructed at the grades, along the lines, between the points, and at the places and in
the manner as shown on the plans and specifications for such improvements designated by the
name and number of the Assessment District which are on file in the office of the Director of
Public Works. For all particulars as to the alignment of the improvements and a full and detailed
description of such improvements, referenced is hereby made to such plans and specifications.
SECTION 4. Area of Special Benefit. The improvements, in the opinion of this City Council,
will be of special benefit to the abutting and fronting properties and, subject to support by the
q-(,.
- - -. . - - -- -------- u -_..
Resolution 2001-429
Page 2
owners of the properties proposed to be assessed of the levy of such assessments pursuant to the
assessment ballot procedures described below, this City Council hereby makes the expenses of
such improvements assessable upon the properties within the proposed boundaries of the
Assessment District. For a general description of the Assessment District and area of special
benefit, reference is made to the map of the boundaries of the Assessment District identified as
"PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO. 2001-3 ('D' STREET)". A
copy of such map is on file in the office of the Director of Public Works and open to public
inspection during normal office hours of such department.
SECTION 5. Construction of the Improvements. This City Council finds that the owners of the
properties within the proposed boundaries of the Assessment District have, pursuant to Streets
and Highways Code Section 5879, waived the sixty-day period within which such owners may
construct such improvements. Therefore, the City Council hereby orders the Superintendent of
Streets to cause the construction of the improvements. Such order shall be subject to the
condition precedent that the owners of the properties proposed to be assessed for the costs of
such construction support, through the assessment ballot proceedings, the levy of such
assessments.
SECTION 6. Authority for Construction. All of the construction proposed shall be done and
carried through and financed pursuant to the provisions of Chapter 27.
SECTION 7. Approval of the Report. Thc Report referred to herein above is adopted, passed
upon, and preliminarily approved, and contains the following:
A. The plans and specifications for the improvements proposed to be constructed;
B. Thc Assessment Engineer's estimate of the itemized and total costs and expenses of the
construction of the improvements and of the incidental expenses in connection therewith
contained in the Report including that portion of such costs and expenses representing the
special benefit to be conferred by such improvements on those pamels within the
Assessment District;
C The diagram showing the Assessment District and the boundaries and dimensions of the
respective subdivisions of land within such Assessment District, as the same existed at
thc time of the passage of this resolution, each of which subdivisions have been given a
separate number upon such diagram, as contained in the Report;
D. The proposed assessment upon the several subdivisions of land in the Assessment
Distr~ct.~ i~ proportion m thc estimated special benefits to bc conferred on such
subdivisions, respectively, by the improvements to be constructed, and of thc incidental
expenses thereof, as contained in the Report;
E. A description of the improvements to be constructed.
Thc Report shall stand as the Report of the Assessment Engineer for the purpose of all
subsequent proceedings had pursuant to the Assessment Law.
SECTION 8. Notice of Public Hearing. Notice is hereby given that a public hearing to consider
protests to the proposed assessments is hereby scheduled, to be held at the City Council meeting
room of the City of Chula Vista located at 276 Fourth Avenue, Chula Vista, Califomia on
Resolution 2001-429
Page 3
February 5, 2002 at 4:00 pm. As such public hearing, the City Council will hear and pass upon
objections or protests, if any, which may be raised orally or in writing by any property owner or
any other interested person.
In addition, pursuant to the provisions of the Assessment Law, each record owner of
property, proposed to be assessed, has the right to submit an assessment ballot in favor of or in
opposition to the proposed assessment.
Assessment ballots will be mailed to the record owner of each parcel located within the
Assessment District and subject to a proposed assessment. Each such owner may complete such
assessment ballot and thereby indicate their support for or opposition to the proposed assessment.
All such assessment ballots must be received by the City Clerk at the following address at or
before the time set for the close of the public hearing:
City Clerk, City of Chula Vista
276 Fourth Avenue
Chula Vista, California 91910
An assessment ballot received after the close of the public hearing will not be tabulated
even though the postmark on the envelope transmitting the assessment ballot is dated on or
before the date of the public hearing.
At the conclusion of the public hearing, the City Council shall cause the final tabulation
of the assessment ballots timely received. If a majority protest exists, the City Council shall not
impose an assessment within the Assessment District. A majority protest exists if, upon the
conclusion of the public hearing, assessment ballots submitted in opposition to the assessments
within the Assessment District exceed the assessment ballots submitted in favor of such
assessments. In tabulating the assessment ballots, the assessment ballots shall be weighted
according to the proportional financial obligation of the affected property.
SECTION 9. Order to Provide Notice. The City Clerk is hereby directed to mail or cause to be
mailed notice of the public hearing and the adoption of this and of the filing of the Report,
together with the assessment ballot materials, to the record owner of all real property proposed to
be assessed.
Presented by Approved as to form by
Ii I Î-~ ~ ~ ~~-
Jo . Lippitt Jolm: . Kaheny (
Pub ic Works Director Oít?'Attomey (]
q-~
Resolution 2001-429 -
Page 4
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 11th day of December, 2001, by the following vote:
AYES: Councilmembers: Davis, Padilla, Rindone, Salas and Horton
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
~~f!tf fir» Zw
Shirley Horto , Mayor
ATTEST:
I< L ,./r,hA....4.. 1^
Susan Bigelow, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2001-429 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 11th day of December, 2001.
Executed this 11th day of December, 2001.
«t~ , lo},j.~ fh
Susan Bigelow, City Clerk
Cf-1
.-.- _..
RESOLUTION NO. 2001-430
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING A MAP SHOWING THE
PROPOSED BOUNDARIES FOR ASSESSMENT DISTRICT
NO. 2001-03 (D STREET)
WHEREAS, the City Council has been presented and has received a map showing and
describing the boundaries of the area proposed to be assessed in an assessment district under the
provisions and authority of Chapter 27 of the "Improvement Act of 1911," being Division 7 of
the Streets and Highways Code of the State of California; said assessment district known and
designated as ASSESSMENT DISTRICT NO. 2001-03 ("D" STREET) (the "Assessment
District").
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1. The above recitals are all true and correct.
SECTION 2. A map showing the boundaries of the proposed Assessment District and lands and
property to be assessed to pay the costs and expenses of the proposed acquisition of certain
public improvements designated as "PROPOSED BOUNDARIES OF ASSESSMENT
DISTRICT NO. 2001-03 ('0' STREET)" is hereby submitted, and the same is hereby approved
and adopted.
SECTION 3. The original map of the boundaries of the proposed Assessment District and one
copy thereof is to be filed in the Office of the City Clerk.
SECTION 4. A certificate shall be endorsed on the original and on at least one copy of the map
of the Assessment District, evidencing the date and adoption of this Resolution, and within
fifteen (15) days after the adoption of the Resolution fixing the time and place of hearing on the
formation or extent of the Assessment District, a copy of such map shall be filed with the correct
and proper endorsements thereon with the County Recorder, all in the manner and form provided
in Section 3111 ofthe Streets and Highways Code of the State of California.
Presented by Approved as to form by
~/i -,
Jo)!n. P. Lippit! ~
Public Works Director
q~!O
- -- "-"----'-'-'----.
""--'
Resolution 2001-430
Page 2
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 11 th day of December, 2001, by the folJowing vote:
AYES: Councilmembers: Davis, Padilla, Rindone, Salas and Horton
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
.J¡r:&t//~ J~
ATTEST: Shirley Horton,,¡ ayor
J~ Jt~";A -f
Susan Bigelow, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2001-430 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 11th day of December, 2001.
Executed this 11 th day of December, 200 I.
k t ~ ð jlolVuA- -Ii>
Susan Bigelow, City Clerk
-
Cf -/ I
-..' -- _. .-.--
RESOLUTION NO. 2002-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, DECLARING THE RESULTS OF THE ASSESSMENT
BALLOT TABULATION AND MAKING FINDINGS PURSUANT TO
CHAPTER 27 OF THE IMPROVEMENT ACT OF 1911 AND ARTICLE XIIID
OF THE CONSTITUTION OF THE STATE OF CALIFORNIA IN
ASSESSMENT DISTRICT NO. 2001-3 ("D" STREET)
WHEREAS, this City Council (the "City Council) of the CITY OF CHULA VISTA (the
"City"), CALIFORNIA, has received a petition from certain property owners requesting the
installation of certain sidewalk improvements, together with appurtenances and appurtenant
work in connection therewith, such improvements to be installed pursuant to the provisions and
authority of Chapter 27 ("Chapter 27")of the "Improvement Act of 1911", being Division 7 of
the Streets and Highways Code of the State of California; and
WHEREAS, this City Council, acting in response to such petition, initiated proceedings
to order the installation of such sidewalk improvements pursuant to the provisions of Chapter 27
and to initiate proceedings pursuant to the provisions of Chapter 27, Article XIIID of the
Constitution of the State of California ("Article XIIID") and the Proposition 218 Omnibus
Implementation Act (Government Code Section 53750 and following) (the "Implementation
Act") (Chapter 27, Article XIIID and the Implementation Act may be referred to collectively
herein as the "Assessment Law") to form an assessment district for the purpose of financing the
cost of installation of such sidewalk improvements, such assessment district to be known and
designated as Assessment District No. 2001-3 CD' Street) (the "Assessment District"); and
WHEREAS, a report of the Assessment Engineer (the "Preliminary Assessment
Engineer's Report"), required by the Assessment Law was previously presented, considered and
preliminarily approved; and,
WHEREAS, the Preliminary Assessment Engineer's Report, as preliminarily approved,
was prepared and contained all the matters and items called for pursuant to the provisions of the
Assessment Law, including the following:
A. Plans and specifications of the Improvements;
B. An estimate of the cost of the construction of the Improvements, including the
cost of the incidental expenses, in connection therewith, including that portion of
such costs and expenses representing the special benefit to be conferred by such
Improvements on the parcels within the Assessment District;
C. A diagram showing the Assessment District, which also shows the boundaries and
dimensions of the respective subdivisions of land within such Assessment
District, with each of which subdivisions given a separate number upon such
diagram;
1
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D. The proposed assessment of the assessable costs and expenses of the construction
of the Improvements upon the several divisions ofland in the Assessment District
in proportion to the estimated special benefits to be conferred on such
subdivisions, respectively, by such Improvements. Such assessment refers to
such subdivisions upon such diagram by the respective numbers thereof; and
E. A description of the Improvements.
WHEREAS, notices of such hearing accompanied by assessment ballot materials were
regularly mailed in the time, fonn and manner required by the Assessment Law and as evidenced
by a certificate on file with the transcript of these proceedings, a full hearing has been given, and
at this time all assessment ballots submitted pursuant to the Assessment Law have been
tabulated, all in the manner provided by the Assessment Law; and,
WHEREAS, at this time this City Council detennines that the assessment ballots received
by the City in favor of the proposed assessment and weighted as required by the Assessment Law
exceed the assessment ballots received in opposition to the assessment and similarly weighted
and, therefore, a majority protest pursuant to the Assessment Law does not exist.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTIQN 1. RECITALS. The above recitals are all true and correct.
SECTION 2. ASSESSMENT BALLOT TABULATION. The assessment ballots
submitted pursuant to the Assessment Law in favor of the proposed assessment and weighted as
required by the Assessment Law exceed the assessment ballots submitted in opposition to such
proposed assessment and similarly weighted and it is therefore detennined that a majority protest
pursuant to Assessment Law to the levy of the proposed assessments does not exist.
SECTION 3. SPECIAL BENEFITS RECEIVED. Based upon the Preliminary
Assessment Engineer's Report and the testimony and other evidence received at the public
hearing, it is hereby detennined that:
A. All properties within the boundaries of the Assessment District receive a
special benefit from the Improvements;
B. The proportionate special benefit derived by each parcel proposed to be
assessed has been detennined in relationship to the entirely of the cost of construction of
the Improvements;
C. No assessment is proposed to be imposed on any parcel which exceeds the
reasonable cost of the proportional special benefit to be conferred on such parcel from the
Improvements;
D. Only special benefits have been assessed; and
2
q-/3
~~~~
E. There are no parcels which are owned or used by any agency as such tenn
is defined in Article XIIID, the State of California or the United States that specially
benefit from the Improvements.
SECTION 4. FINAL ASSESSMENT ENGINEER'S REPORT. Upon the completion of
the construction of the Improvements, the Superintendent of Streets is ordered prepare and file
with this City Council a Final Assessment Engineer's Report that shall contain all of the
information contained in the Preliminary Engineer's Report modified to reflect the actual cost of
construction of the Improvements.
SECTION 5. NOTICE OF COST OF CONSTRUCTION. Upon the completion of the
construction of the Improvements and the preparation of the Final Assessment Engineer's Report,
the Superintendent of Streets shall cause notice of the cost of the construction of the
Improvements to be given in the manner specified in Chapter 27. Such notice shall specify the
time and place when this City Council will hear and pass upon the Final Assessment Engineer's
Report, together with any protests or objections, if any, which may be raised by any property
owner liable to be assessed for the cost of such construction and other interested persons.
SECTION 6. PUBLIC HEARING. At the time and place of the public hearing, this City
Council will hear and pass upon the Final Assessment Engineer's Report, together with any
protests or objections, if any, which may be raised by any property owner liable to be assessed
for the cost of such construction and other interested persons. Upon the conclusion of such public
hearing, this City Council may make such revision, corrections or modifications in the Final
Engineer's Report as it may deem just; provided, however, this City Council may not increase the
assessment proposed to be levied on any parcel above the amount proposed in the Preliminary
Assessment Engineer's Report (the "Preliminary Assessment") without first providing the
opportunity for the owner or owners of any parcel for which the assessment is proposed to be
increased to express such owner or owners support for or opposition to such increase in
assessment through an assessment ballot proceeding undertaken pursuant to the Assessment
Law. No Preliminary Assessments may be increased if, following such assessment ballot
proceeding, this City Council determines that a majority protest to such increase is found to
eXISt.
Presented by Approved as to form by
John P. Lippitt
Public Works Director
J:lattomeylresolcfd 2001-3 Ballot results
3
q -/'7
COUNCIL AGENDA STATEMENT
Item /0
Meeting Date Eeb~
ITEM TITLE: PUBLIC HEARING: Regarding the Proposed Assessment of
Certain Delinquent Solid Waste Service Charges as Liens Upon
the Respective Parcels of Land and Placement of Delinquent
Charges on the Next Regular Tax Bill for Collection
RESOLUTION No. Assessing Delinquent Solid
Waste Service Charges as Liens Upon the Respective Parcels of
Land and Approving Placement of Delinquent Charges on the
Next Regular Tax Bill
SUBMITTED BY: Assistant City Manager Powell-"~
REVIEWED BY: City Manager ~ P' (4/Sths Vote: Yes No,X,_)
In order to adequately protect the City's interest in delinquent solid waste service
charges and ensure that collection efforts are directed towards the responsible
property owner in the event of a change of ownership, staff is recommending
approval for liens against affected properties as a preliminary action to placing the
delinquencies on the property tax rolls if they remain unpaid. Adoption of this
resolution will enhance the collection process for delinquent solid waste service
charges by reducing the amount of uncollectible losses and ensure that payment will
be received on a more timely basis. This is the identical process approved by City
Council in August and December 2001.
RECOMMENDATION: That Council Open the public hearing to consider assessing
delinquent solid waste service charges as liens on the
affected properties, consider all testimony, and adopt the
resolution overruling all protests and assessing these
charges as liens upon the respective parcels of land.
BOARDS/COMMISSIONS RECOMMENDATIONS: Not applicable.
DISCUSSION:
In November 1998, City Council amended Municipal Code Section 8.24 to require
participation in solid waste service and eliminate suspension of solid waste service
for nonpayment. To ensure that all residents pay their fair share of the costs of this
program, the ordinance also allows delinquent solid waste service charges to be
assessed as liens upon the affected properties and ultimately placed on the property
tax bills for collection. The ordinance states that upon notification of the property
Page 2, Item
Meeting Date Eeb~ua~,L2E~
owners, a public hearing is set for solid waste service accounts that are over ninety
days delinquent. At the hearing the City Council considers the delinquent accounts
together with any objectibns or protests by interested parties. At the conclusion of
the hearing, the City Council, may either approve the delinquency and amount owed
on the accounts as submitted or as modified or corrected by the City Council. Lastly,
the City Council adopts a resolution assessing such amounts as liens upon the
respective parcels of land, and the amounts are charged to the property owners on
the next regular property tax bill. As these amounts are collected, the monies are
remitted to Pacific Waste Services less the City's Franchise Fees, AB939 fees and
late charges.
Because charges can only be submitted for placement on the property tax bills once a
year in August, staff is recommending assessing liens on the affected properties
midyear as to better ensure the City's chances for collection. If the City were to
address these delinquent charges only once a year in August, the effectiveness of
using the property tax bill as a means of collection would be significantly reduced as
the owners of record in August would not necessarily be the people responsible for
the delinquent charges. In cases where properties are sold or transferred, assessing
liens midyear holds the correct parties responsible for the delinquent charges. In
cases where property owners choose to refinance their mortgages, the midyear liens
will ensure the City receiving payment in a more timely manner as the delinquent
charges would be paid through escrow during the refinancing process.
In December 2001, City Council approved 234 midyear liens on properties valued at
$46,142. Since then, Pacific Waste Services has identified and submitted an
additional 1,043 delinquent accounts valued over $116,000 to the city for collection.
Through the City's preliminary collection efforts, 584 accounts have been resolved,
and the remaining 459 accounts valued at $57,100 are now being submitted for
midyear liens (listing available at the City Clerk's office). The account status and
property ownership on these accounts have been verified by both Pacific Waste and
City staff. Many of these delinquent accounts have gone through the lien process
before as they continue to remain unpaid.
These property owners were notified of their delinquencies through a series of past
due notices sent by Pacific Waste until they were ultimately submitted to the City for
collection. City staff also sent out a past due letter, and two weeks ago, these
property owners were notified of the public hearing and were asked to pay their
delinquent solid waste service charges by February 25, 2002 to avoid a lien being
placed on their property. City staff has been working with Pacific Waste to resolve
any customer disputes as they arise and payment arrangements have been set up as
needed. Staff will continue to update this list as payments are received and accounts
are cleared. A final list will be submitted to the City Council for consideration as
soon as all payments are recorded.
Page 3, Item_ /0
Meeting Date F~hn~r¥ ~_R, ~{3~t~
Staff is recommending that the City Council approve the final list of delinquent solid
waste accounts as submitted, and that these charges be forwarded to the County
and assessed as liens on the respective parcels of land and ultimately placed on the
next regular tax bill for collection.
FISCAL IMPACT:
By using the property tax bill as the ultimate collection method for delinquent solid
waste service charges, an estimated $129,500 should be collected in FY 01-02.
These funds would then be forwarded to Pacific Waste Services less the city's
Franchise Fees, AB939 fees and late charges. The city should recognize an
estimated $11,700 increase in Franchise Fees, $2,300 in AB939 fees, and 98,000
in late charges for FY01-02.
RESOLUTION NO. 2002-
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA ASSESSING DELINQUENT SOLID
WASTE CHARGES AS LIENS UPON THE RESPECTIVE
PARCELS OF LAND AND APPROVING PLACEMENT OF
DELINQUENT CHARGES ON THE NEXT REGULAR TAX
BILL
WHEREAS, in October, 1998, the City Council amended
Chapter 8.24 of the Chula Vista Municipal Code to establish
collection methods for delinquent solid waste service accounts
to be placed on the property tax bill for collection; and
WHEREAS, the ordinance states upon notification of the
property owners, a public hearing is set for solid waste
service accounts which are over sixty days delinquent; and
WHEREAS, at the hearing, the City Council is to
consider the delinquent accounts together with any objections or
protests by interested parties; and
WHEREAS, at the conclusion of the hearing, the City
Council may either approve the delinquency and amount owed on
the accounts as submitted or as modified or corrected by the
City Council; and
WHEREAS, a public hearing on delinquent assessments
was properly noticed for February 26, 2002, at which all
protests or objections presented were considered by the City
Council; and
WHEREAS, staff is recommending that the City Council
approve the final listing of delinquent solid waste service
accounts as submitted and that these charges be forwarded to the
County for placement on the next regular tax bill for
collection; and
WHEREAS, any delinquent accounts that are cleared by
March 1, 2002, as a result of the public hearing set for
February 26, 2002, will be removed from the list prior to the
submittal of these charges to the County.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby (1) overrule any and all
protests or obj ections presented at the public hearing and (2)
approve, with respect to the delinquent account list presented
10-'1
by staff and on file in the office of the City Clerk, assessing
delinquent solid waste service charges as liens upon the
respective parcels of land and the placement of such delinquent
charges on the next corresponding regular tax bill unless
cleared by March 1, 2002.
Presented by
Approved as to form by
Robert Powell
Assistant City Manager
J. \attorney\reso\Bolid waste delinquency
2
/0-5
Kev~
Condition to be added to PCS-02-03:
103.
Applicant shall submit a construction change to its grading plan or improvement
plans to show that Magdalena Avenue has been lowered bv five (5) feet for that
portion of Magdalena Avenue which borders Park P-l. as approved bv the Citv
Engineer and as generallv shown on the School and Park Concept Plan dated
February 23. 2002. Applicant acknowledges that should the Park P-I site fail to
accommodate a 7.0 net usable acre park based on the approved Village Six Park
Master Plan. then the deficiency shall be Drovided at a location approved by the
Director Building and Park Construction. Developer shall be responsible for
paving one-half (I/2) of all costs of any walls. precise grading and ramps required
bv the Citv to accommodate park improvements which costs shall not be credited
towards PLDO fees. and all of which shall be built at no cost to the City of Chula
Vista. (Building & Park Construction. Engineering)
Condition to be deleted from PCS-02-03:
17.1
Developer shall ¡ edicate to the City, or the City's designee, the property interests
necessary for the provision of any and all "utility services" to each lot and Ilnit
'vithin the Tentati"e Hap area. Devele 3er shall make such dedicatien(s) at such
time(s) and in such ferros as 'viii be relJllired by the City Engineer. for pllrpeses
of this condition "Iltility services" sHall mean @I@ctricity, natural gas, cable
television, telecemnHmications (inclllding videe, vGice and data) and other similar
services designated by the City. "Utility services" shall not include s@'ver and
water services, '.vhich are addressed by other conditions of this approval. The
City, or the City's designee, will utilize the utilities services property interests for
the installation, eperation and maintenance of the Imdergrolll~d and abeveground
infrastructure and appurtenances necessary to suppert the d@li"@f)' of each of the
utility services, and relat@¡ Pllblic pmpes@s.
To the extent off site property inten",sts æ-e required ta SllppOrt the installatian ar
operation eftÐ.@ Iltilities services infrastructme, Develep@r shall b@ responsible for
ac( lliring and dedicating sllch interests, at De'/@Ieper's cest, ill accor¡ ance with
the general off site acquisitien cenditions centained in this approval.
Developer shall enter into an agreement with the City, er City's designee, that
specifies all the terms and conditions for the design and installation afthe utilities
services infrastructure. D@veloper shall enter into sllch agreement prior to
obtaining City approval ef a constructian permit, or subdivision improvement
agreement, that permits Developer to construct infrastructHr@ improvements that
æ-e typically constructe¡ concurrent v..ith the trenching for and installation of
utilities services infrastructllre. SIlCR agreement shall include, '.vithout limitation
(I) provisions for D@veloper financing of the facilities on terros substantially
similar to (or more favorable te the D¡weleper than) these financial t"r~o
0 ¡yJy:--'I
1:;6--L. \\
r ð<
contained in the then current agreements with the incHmbent utility service
providers, and (2) a schedllle for installatiøn that døes net materially delay or
impede De"eloper's City appw"ed subdi"ision impro"@ments construction
schedule. The design of the utilities sef'/ices infrastructme, an¡ the specific
locatiøn of the Iltilities services property interests, shall be deterroined by the City,
or the City's designee, in accordance mith applicable industf)' standar¡ s, bill ønly
after consultations with the Developer for pllrposes øf obtaining Developer input
on how best to design and locate the utilities systems to ma,'timize th@ aesthetic
and functional cempatibility "'ith ether public and private facilities within and
adjacent tø the Tentative Map area. City shall determine in accordance with all
applicable federal, state an¡ 10calla'Ys and agreements whether or not the City, or
a City designee, shall O"'II the lItilities s@rvices infrastructllre and/or be
responsible for the deliverò' of the Iltilities services. However, in the event that
the City, ør the City's desigIl@@, car.not reasonably accømmodate Developer's
construction schedule, and the franchised, or oth@f'lI'ise City approvBd, incumbent
Htility service provider(s) demonstrates the capability to meet such schedule, then,
subject to City's prior reasønable approval, Develeper may elect te have the
incllmbent lItility sef"ic@ provider(s) install an¡ operate the relevant utility sy~tem
pursuant to the terros of a separate agreement between De"eloper and such
incllmbent utility.
Developer costs expended on properties or facilities that sllbstantially wpport the
delivery of utilities services øutside the Tentative Map æ-ea may be subject to
reimbmsement to the proportionate extent of sllch extra territorial ser"ices.
Condition to be added to PCS-02-03:
19l
Applicant shall submit a construction change to its grading plan or improvement
plans to show that Magdalena Avenue has been lowered bv five (5) feet for that
portion of Magdalena Avenue which borders Park P-I as approved bv the Citv
Engineer and as generallv shown on the School and Park Concept Plan dated
February 23 2002. Applicant acknowledges that should the Park P-I site fail to
accommodate a 7.0 net usable acre park based on the approved Village Six Park
Master Plan. then the deficiencv shall be provided at a location approved bv the
Director Building and Park Construction. Developer shall be responsible for
paying one-half (1/2) of all costs of anv walls. precise grading and ramps required
bv the Citv to accommodate park improvements. which costs shall not be credited
towards PLDO fees. and all of which shall be built at no cost to the City of Chula
Vista. (Buildinf! & Park Construction. Engineering)
Condition to be deleted from PCS-02-03:
17.1
Developer shall dedicate to tHe City, or the City's designee, the property interests
necessary for the provision of any an¡ all "utility sef"ices" tØ each lot and Ilnit
within the Tentati"e Map area. De"eloper shall make such dedication(s) at such
time(s) and in such forros as 'v-ill be required bò' the City Engine@r. For purposes
of this condition "Iltility services" sHall mean electricity, natural gas, cable
television, telecommunications (inc1llding video, veice and data) and other similar
services designated by the City. "Utility s@rvices" shall not inc1llde sewer and
water services, "'hich are a¡ dressed by other cønditions of this appro"al. The
City, or tH@ City's d@signe@, will Htilize the utilities s@rvices property interests for
the inctallation, operation and maintenance of the underground and aboveground
infrastructure and appurtenances necessary to sllfJport the delivef)' of each of the
utility services, and related public purpøses.
To ilie extent off site property interects are required to support the installatiøn or
operatien efthe utilities services infrastructur@, Develøper shall be responsible for
acquiring and dedicating such interests, at Deyeloper's cøst, in accor¡ ance with
the genera! off site acquisition conditiøns contained in this approval.
Developer shall enter into an agreement with the City, ør City's designee, that
specifies all tHe terros and conditiøns for the design and installatiøn of the Iltilities
services infrastructure. Developer shall enter into sllch agreement prim to
obtaining City appronl of a construction permit, or subdi"ision improvement
agreement, that permits Dev@loper te construct infrastructllre improvements that
æ-e typically constructed concllrrent "'it./¡, the trenching for and installatien of
utilities services infrastructure. Sllch agreement shall include, without limitation
(I) pro"isions for Developer financing øf the facilities on terms sllbstantially
similar to (or more favorable to the Developer than) these financial terms
contained in the then €urr@nt agroem@Hts 'Nith the incumbent Iltility service
providers, and (2) a schedule fer installation that do@s not materially delay or
imp"d@ Dev@loper's City approved subèiyision improH@ments censtruction
schedule. The design of the utilities services infrastru€tllfe, and the specific
location øftbe Iltilities services property interests, shall be determined bJ' the City,
or the City's designee, in accordan€e "qth appli€abl@ indllstf)' standards, bHt only
after consHltations with the Develol'er før purpøses øf obtaining Deyelol'er input
on how best te design an¡ locate the utilities sy~tems to mæ¡jmiz@ the aesthetic
and flmctional compatibility with ether 3Hblic and private facilities 'yithin and
a¡ jacent to the Tentative Hal' area. City shall deterroin@ in accordance with all
applicable federal, state an¡ local laws and agreements 'yhether or nøt the City, or
a City designee, shall 0"'11. the utilities services infrastructHfS and/or be
responsible for the delivery of th@ Iltilities services. However, in the event that
the City, or the City's designee, car.ilot reasonably accommodate Developer's
construction sche¡ llle, and the franchise¡ , or otherwise City approved, incHmbent
utility ser"ic@ proHider(s) demonstrates the capability te meet sHch schedllle, then,
subject to City's prier reasonable approval, De"eloper may elect tØ have the
incHrnbent Htility service provider(s) install an¡ øperate the relevant Htility system
pursllant to the terros of a separate agreement bet'.',.een Deyeloper and such
incumbent utility.
D@yelol'er costs expended on properties ør facilities that substantially support the
delivery of utilities s@ryices outside the Tentatiye Map area may be sllbject to
reimbursement to tHe proportionate extent of sllch extra territorial services.
CITY COUNCIL AGENDA STATEMENT
Item: ,)
Meeting Date: 02/26/02
ITEM TITLE:
Public Hearing: PCS 02-03; Consideration of a Tentative Subdivision
Map creating 694 dwelling units on 215.2 acres of Village Six of Otay
Ranch.
Applicant: Brookfield Shea Otay.
Participant: Catholic Diocese
REVIEWED BY:
Resolution No. : Resolution of the City Council of the City
of Chula Vista approving a Tentative Subdivision Map on 215.2 acres of
Village Six of the Otay Ranch, Chula Vista Tract 02-03.
Director of Planni;g and BUilding§t
CitYManagerf~íì,1/ (4/SthsVote: Yes No X)
SUBMITTED BY:
McMillin Otay Ranch has applied for approval of a tentative subdivision map to subdivide 215.2
acres of Village Six in the Otay Ranch. The tentative map proposes subdividing McMillin's
portion of Village Six into 482 single-family lots on 114.7 acres, one 12. I-acre multi-family lot
with 212 units, a 32.5-acre lot for a private high school and an 11.5-acre lot for a community
purpose facility (CPF). The Catholic Diocese of San Diego owns the private high school and
CPF lots and is a participant in the tentative map.
The conceptual Tentative Map for the project was considered and evaluated in the Final Second
Tier Environmental Impact Report (Final EIR 98-0 I) for the Otay Ranch Village Six SPA Plan
and Conceptual Tentative Maps. The Environmental Review Coordinator has reviewed the
proposed Tentative Subdivision Map, PCS-02-03, and determined that the project would not
result in any new environmental impacts that were not previously identified in Final EIR 98-01,
nor would the project result in a substantial increase in the severity in any environmental effects
not previously identified in Final EIR 98-01.
RECOMMENDATION:
I'hallhe City Council adoplthc Rcsolution approving thc Village Six Tcnlative Subdivision Map
(CV.T 02-03).
BOARDS/COMMISSIONS RECOMMENDATION:
The Planning Commission held a public hearing on February 13, 2002 to consider the Tentative
Subdivision Map and voted unanimously (7-0) to recommend approval of the tentative map to
the City Council. The Commission did vote 5-2 (Castaneda and McCann) to recommend the
alternative design for the Common Usable Open Space.
/ I
, I
/
Page 2, Item: ~
Meeting Date: 02/26/02
DISCUSSION:
a. Existing Site Characteristics
Village Six, located at the north-central section of the Otay Valley Parcel of the Otay Ranch,
consists of 386.4 acres of gently rolling hills. All of Village Six is currently vacant and is used
for grazing and dry farming.
Otay Ranch Villages One and Five are located directly to the north and northwest of the Project
across Olympic Parkway. Future Village Two is located on the western boundary of the Project
separated from Village Six by the southern extension of La Media Road. To the south of the
Project is Village Seven while to the east, across proposed SR-125, is the Freeway Commercial
area of Planning Area 12.
b. General Plan/General Development Plan, Zoning and Land Use
General Plan/General Development Plan
The General Plan/General Development Plan (GDP) designates residential land uses in Village
Six as Low-Medium Village (LMV) at 3-6 dwelling units per acre, Medium-High at 11-18
dwelling units per acre and a Mixed Use (MU) land use. Other land uses for parks and
recreation, an elementary school and open space are also listed land uses and are all consistent
with the land use designations for the Otay Ranch GDP.
Zoning and Land Use
The Otay Ranch project, within the City, is zoned Planned Community (PC) as are the other
master planned communities such as Sunbow and EastLake. Land development regulations are
contained in the Planned Community (PC) District Regulations within each master planned
community SPA plan. The Village Six PC District Regulations establish separate zoning districts
for the village land uses as described in Section II.3.1.4 of the PC District Regulations, which is
shown in Table A below:
Page 3, Item:
Meeting Date: 02/26/02
TABLE A: VILLAGE SIX SPA LAND USE DISTRICTS DEFINITIONS
SYMBOL GENERAL DESCRIPTION
SF3 Single-Family Three: District which permits single-family housing located
on lots >5,000 square feet.
SF4 Single-Family Four: District which permits single-family housing located
on lots <5,000 square feet.
RM1 Residential Multi-Family One: District which permits housing ranging
from 8 units/acre up to 14.9 units/acre including small lot single-family,
alley, duplex, townhouse and stacked flats product types.
RM2 Residential Multi-Family Two: District, which permits housing at
densities from 15+ units/acre.
CPF Community Purpose Facility: District, which permits uses established
pursuant to the Community Purpose Facilities requirements of the P-C
Planned Community Zone.
MU Mixed Use: District which permits commercial uses such as, but not
limited to, retail shops, professional offices and service commercial within
a village core. Transfer of residential uses into this district may be
permitted above or connected to the commercial uses.
OS/P1 Open Space/Park One: District, which permits developed or usable open
space and park uses, and may include naturalized open space.
The above table is the key to the following Land Use Districts map. The unshaded area shows
the portion of Village Six that is included on McMillin's tentative map, PCS-02-03.
Page 4, Item: /
Meeting Date: 02/26/02
Land Use Districts
I r ~=R~
Village Six
~ OTAY RANCH
Exhibit PC-1
(01109102) PC DISTRICT R.EOULATIONS
Il -~.t~
Page 5, Item: //
Meeting Date: 02/26/02
As part of Village Six, the Catholic Diocese plans to build a private high school on the 32.5-acre
R-11/S-2 site, which is zoned SF3. Private schools are a conditionally permitted use in the SF3
zone in the Village Six Planned Community District Regulations. As part of the SPA Plan
approval process, the City Council decided that the Planning Commission should approve this
land use through the CUP process.
c. Proposed Tentative Map
The Tentative Map proposes to subdivide McMillin's portion of Village Six (200.3 acres) into
482 single-family lots on 114.7 acres, 212 multi-family units on a 12.1-acre site, 2.7 acres of an
l l.5-acre elementary school site (the remainder is currently owned by the Otay Ranch
Company), a 32.5-acre private high school site and a 11.5 acre community purpose facility site
(both owned by the Catholic Diocese), a common usable open space area of approximately 0.7
acre, and approximately 22.7 acres of recreational trails, open space and other amenities
authorized by the Village Six Sectional Planning Area (SPA) Plan. The Otay Ranch General
Development Plan allows 2,232 units in Village Six for all ownerships. The Otay Ranch
Company owns the remaining portion of Village Six and will process a tentative subdivision map
under separate application for their ownership.
Village Six is one of the least constrained villages in the Otay Ranch. The are no easements or
sensitive habitat areas in or crossing Village Six, however, ownership boundaries have caused
some difficulty in ensuring that Village Six is treated as a single community rather than the
individual ownership areas. Staff's review of the tentative map related to design, circulation,
locations of pathways and interface between boundary walls, among other issues to ensure
consistency between the three ownerships. Mobility, urban design, pedestrian orientation,
landform grading and maintenance responsibility in Village Six are special issues that received
the most attention. As related to McMillin's Tentative Map, the primary issue deals with the
design of Lot OS-21, a Common Usable Open Space area between Neighborhoods R-1 and R-3.
Land Use
The Tentative Map proposes four neighborhoods designed for varying densities of single-family
and one multi-family residential neighborhood. Neighborhoods R-l, R-3, R-4 and R-6 are
proposed to be detached single-family developments. R-6 is proposed for an alley product.
Neighborhood R-10 is proposed to be a multi-family townhouse development.
The Teutativc Map proposes densities in cach of the single-family and multi-family residential
neighborhoods as shown in Table B below:
Page 6, Item: t
Meeting Date: 02/26/02
TABLE B: TM & SPA PLAN COMPARISON
NEIGHBORHOOD LAND TM GROSS SPA GROSS DWELLING TARGE'I[ AVG. LOT
AREA USE ACREAGE ACREAGE UNITS DU'S/AC SIZE (SQ. FT.)
R-1 SF 26.2 26.2 105 4.0 8,093
R-3 SF 35.6 35.6 159 4.5 6,774
R-4 SF 20.4 20.4 92 4.5 6,589
R-6 SF 20.4 20.4 126 6.2 4,658
SUBTOTAL I SFI 102.6 I 102.6 I 482 I N/A
R-10 I ml 11.73 I 12.1 212 I 17.5 *If the private
high school is
SUBTOTAL 12.1 12.1 212 I N/A notbuilt, 146
TOTAL IRES. I 114.7 114.7 I 694 I N/A detached,
single-family
CPF-2 CPF 12.63 11.5 N/A N/A dwelling units
R-11/S-2 PVT HS 38.59 32.5 146' N/A will be built
Elem. School* PUB ES 2.7 3.9 N/A N/A instead.
Open Space OS 11.6 6.3 N/A N/A *Partial
Circulation Circ 20.9 16.4 N/A N/A acreage for the
elementary
Borrow Site N/A 14.9 N/A N/A N/A school site.
TOTAL(part) Ivillage61 216.02I 185.3 12,086/2,232'1 N/A
Circulation
Vehicular traffic, while important for the circulation in all Otay Ranch villages, is considered
secondary in importance to pedestrian traffic in the village core. Streets are designed to be
narrower to reduce vehicle speeds and are in a grid pattern that is conducive to pedestrian
circulation. The use of dead-end cul-de-sacs is discouraged but allowed in small numbers
because of the topography. Design speed within Village Six is 25-miles per hour, depending on
the type of street. In addition, "traffic calming" devices such as "neckdowns", where the curbs
are extended into the streets the width of the parking aisle to reduce the distance pedestrian have
to cross, are used. The neckdowns are a significant circulation design solutions at the intersection
of Santa Venetia Street and Magdalena Avenue in the vicinity of the elementary school and
private high school.
Access to Village Six is provided from three Village Entry Streets: East Palomar Street, which
serves as the main entry point from Olympic Parkway, Santa Venetia Street (Street "J" on the
SPA Plan) from La Media Road and Magdalena Avenue (Street "R" on the SPA Plan) from
Birch Road. Access to SR-125 is provided from the future Olympic Parkway and Birch Road
interchanges.
The Village Six SPA Plan has four street types: arterial, village entry, promenade and residential,
described as follows:
Page 7, Item: [ I
Meeting Date: 02/26/02
· Arterial Highways: There are two types of arterials: Olympic Parkway and La Media
Road are Prime Arterials/Ranch Theme Streets, while Birch Road is a Six-Lane Major
Street. These six-lane roads are designed to carry heavier loads of traffic outside the
Village and connect Village Six to the rest of the City.
· Village Entry Streets: The Secondary Village Entry Streets are approximately the fin:st
500 to 600 feet of Santa Venetia Street off La Media and Magdalena Avenue off Birch
Road. At their intersections with La Media Road and Birch Road, respectively, they are
both 106-foot right-of-way (ROW) widths with 12-foot wide medians and 29-foot to 39-
foot curb-to-curb street sections with two travel lanes, turn pockets and no parking.
· Promenade Streets: There are three types of Promenade Streets: Village Promenade,
Residential Promenade and Core Promenade. Both Santa Venetia Street and Magdalena
Avenue eventually narrow to Village Promenade Streets with 68 foot ROW. View
Parkway and Well Brook Place are Residential Promenade Streets with 59 foot ROW.
These streets are 32 feet curb-to-curb with two 12- foot travel lanes and an 8-foot parking
lane on one side of the street.
· Residential Streets: Neighborhoods are served by two types of streets: Residential Streets
and the Alleys. Residential Streets have a 58-foot ROW with 32-foot curb-to-curb
section, two 10-foot travel lanes with parking on both sides of the street. Alleys are 20
feet wide with no parking. Only Neighborhood R-6 is served by alleys, which will be
publicly maintained.
With the exception of alleys and cul-de-sacs, all streets within Village Six have 8-foot parkways,
as measured from front-of-curb to front-of-sidewalk. This allows a 7.5-foot clear planting area
for parkway trees and a larger choice of tree types to be planted in the parkways.
Off-site arterial street improvements are necessary to provide adequate transportation facilities
for the Project as well as other surrounding planned conununities and to maintain compliance
with the Transportation threshold standards prescribed in the City's Growth Management
Program. The same threshold that have been established for other master planned communities
are also required for the Village Six. The conditions of approval contain the same limit on the
issuance of building permits as the other master planned communities until additional traffic
capacity has been provided with the construction of SR-125.
Grading
The grading indicated on McMillin's tentative map is designed to comply with the General Plan
and Otay Ranch GDP policies for landform grading. The slopes facing Olympic Parkway meet
the criteria, as do the slopes along La Media, and the slopes along Lot R-11/S-2 (the private high
school site). The grading of the McMillin ownership has been coordinated with the proposed
tentative map for the Otay Ranch Company.
Page 8, Item:
Meeting Date: 02/26/02
Parks, Trails and Open Space
McMillin's tentative map makes provision for thc "Village Pathway", a 1S-foot wide hardscape
pathway that will connect Village Six to Village Five to the north, Village Two to the west and
Village Seven to the south. (SR-125 precludes extending the Village Pathway from Village Six
to the Freeway Commercial area to the east.) The Village Pathway, which allows for pedestrian,
bicycle and electric cart travel, eventually connects most village cores in the Otay Ranch. South
of the Village Core, the Village Pathway is ten feet wide in Santa Venetia Street on the north
side and Magdalena Avenue on the south side. The 5-foot difference in width will be landscaped
so the pathway can be widened in the future if needed.
Regional Trails, which are 8-10 feet wide, parallel Village Six along Olympic Parkway and La
Media, but on the opposite sides of the streets. A pedestrian bridge is located at the western edge
of Village Six on the north side of Santa Venetia, which connects the Village Pathway to Village
Two.
The Village Six Project contains a variety of open space areas to promote the overall open space
element of Otay Ranch. A 75-foot average open space corridor surrounds Village Six along all
the major arterials and SR-125.
A Common Usable Open Space (CUOS) site is being provided along View Park Way to serve
Neighborhoods R-1 and R-3. McMillin is proposing that the CUOS be 0.8 acre and abut the
residential areas on its north and south without providing vehicular access around it. The design
and maintenance of the CUOS is the only unresolved issue for McMillin's portion of Village Six.
Consistent with the requirements of the Otay Ranch Resource Management Plan, the Village Six
Project will convey land to the Otay Ranch Preserve. The development of one acre of land in
Otay Ranch requires a conveyance of 1.188 acres of land to the Otay Ranch Preserve with the
approval of each final subdivision map. Pursuant to the requirements, McMillin's portion of the
Village Six obligation is approximately 220 acres of land to be dedicated to the Otay Ranch
Preserve. The 220 acres conveyed to the Preserve will be within the San Ysidro Parcel adjacent
to McMillin's previous conveyance. Village Six is part of the Preserve Maintenance District.
Community Purpose Facility
The Community Purpose Facility (CPF) requirement for McMillin's portion of Village Six is 2.9
acres. This is based on a ratio of 1.39 acres per 1,000 population.
The tentative map for this portion of Village Six will fulfill the CPF obligation as required in the
SPA Plan by providing one CPF site - an 11.5-acre facility (CPF-2) adjacent to the private high
school site. The Catholic Diocese owns both of these parcels. The CPF-2 site will be developed
as a regional-serving church facility for the Diocese. In addition to CPF-2, the CUOS located in
Page 9, Item:
Meeting Date: 02/26/02
Neighborhoods R-1 and R-3 will also receive CPF credit if maintained by an HOA. Therefore,
McMillin will have a CPF credit of 9.4 acres.
d. Analysis
Except for the Common Useable Open Space issue (discussed below), the proposed tentative
map for Village Six is consistent with and implements the approved Otay Ranch General
Development Plan (as amended). As demonstrated in Table B, the tentative map also
implements the Village Six SPA Plan and related documents. The tentative map has addressed
previous City Council concerns regarding vehicular access, narrower streets and multiple points
of access to each neighborhood. Vehicular access has been improved on the tentative map with a
significant reduction in the number of cul-de-sacs and the provision of a grid system that
interconnect the neighborhoods within Village Six.
With the proposed street layout in McMillin's portion of Village Six, the cimulation pattern is a
"grid-street" pattern consistent with the policies described in the Otay Ranch GDP, and
consistent with the needs as expressed by the Fire and Police Departments. The Entry and
Promenade streets in this portion of Village Six provide sufficient vehicular movements to a
variety of land uses within and outside of Village Six including the two school sites, the mixed-
use core, multi-family neighborhood and the Common Usable Open Space site.
Unresolved Issue: Common Usable Open Space
The design of Common Usable Open Space (CUOS) remains the only unresolved issues for
McMillin's tentative map in Village Six.
Background: The City's Design Manual states that Common Usable Open Space should be
provided in large, meaningful areas and not fragmented or consist of "left over" land. The
CUOS should be centrally located, easily accessible for the majority of units and buffered, but
visible from surrounding units. Areas for both passive and active recreation should be provided
including tables and shaded seating areas, barbecues, courts and tot lots.
The open space section in the Design Manual concludes that small narrow lots with large homes
on narrow streets in the master planned communities have a greater need for Common Usable
Open Space to provide visual relief within the project than traditional subdivisions.
Analysis: Both McMillin Companies and the Otay Ranch Company are proposing Common
Usable Open Spaces in their single-family neighborhoods. McMillin proposes that their 0.8-acre
CUOS front on two residential streets and have single-family lot side yards adjacent to the
CUOS. Staff believes that the CUOS should have access on all four sides and have homes
fronting on the CUOS. This access will provide better visibility for the Police Department to
drive around the CUOS. The access will allow residents to have the option of driving from one
part on the residential promenade to the other. The tentative map indicates an alternative plan for
the CUOS Open Space Lot 21, which staff supports. The alternative plan provides a 0.7-acre site
with access on all four sides. Homes will front on the open space on all four sides providing
better "eyes on the park" and ownership of the open space by these residents.
Page 10, Item:
Meeting Date: 02/26/02
Recommendation: Staff recommends the Open Space Lot 21 Alternative Plan for the following
reasons:
1) The alternative plan provides better access around the CUOS for visibility and
security of the CUOS
2) The access around the CUOS will allow residents west of the CUOS to use the
residential promenade to drive to the Village Core
3) The subdivision design provides for eight more lots to front on the CUOS providing
better ownership of the CUOS by residents
4) The alternative plan provides superior pedestrian orientation to the CUOS.
CONCLUSION:
Staff believes that the proposed tentative map for McMillin's portion of Village Six is consistent
with the approved Otay Ranch GDP and Village Six SPA policies and recommends approval of
the tentative map subject to the Conditions of Approval (see Council Resolution, Exhibit 'B').
The Conditions of Approval require the alternative plan for the CUOS.
FISCAL IMPACT: Processing of the tentative map is covered under the applicant's existing
staffing agreement.
Attachments
1. Locator Map
2. Tentative Subdivision Map (C.V.T. 02-03)
3. Planning Commission Resolution (PCS-02-03)
4. Disclosure Statement
H:\PLANNING\Otay_Ranch\Village _6\V6_TM_Stu~McMillin's_TM~V6 McM_TM_ CC_ STFRPT.doc
ATTACHMENT 1
COUN'~'~¥SIDE
LOMAS
VERDE
VILLAGE 6
VILLAGE 11
FREEWAY
COMMERCIAL
VILLAGE 2
PROJECT
LOCATION
VILLAGE 7 EASTERN
URBAN
CENTER
CHULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT PROJECT DESCRIPTION:
^PPUCAm~. MCMILLIN OTAY RANCH LLC
SUBDIVISION
PROJECT
ADDRESS: OTAY RANCH VILLAGE 6 McMillin Otay Ranch
sc^~ I ~E,UM~: V age 6 Tentat ve Map.
NORTH No Scale] PCS-02-03
h:~home~planning~DAl\locators\PCSO203.cdr 01/31/02 /. ~
Attachment 2
Attachment 2, cont.
T~1] .tlqL~IIHIIHIHHiI II~lll*,lill.~J!llllll,Jllld[ ,llll/ll'lll I Illl ilj!h II[IlJll 1 ~'~
Attachment 2, cont.
Attachment 3 ~
RESOLUTION NO. PCS-02-03
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CH15LA VISTA RECOMMENDING THAT THE
CITY COUNCIL APPROVE A TENTATIVE SUBDIVISION
MAP FOR A PORTION OF VILLAGE SIX OF THE OTAY
RANCH, VILLAGE SIX SECTIONAL PLANNING AREA
(SPA) PLAN, CHULA VISTA TRACT 02-03
WHEREAS, the property which is the subject matter of this resolution is identified as
Exhibit "A" attached to City Council Resolution No. and described on Chula Vista Tract
02-03, and is commonly known as McMillin's Portion of Otay Ranch, Village Six ("Property"); and,
WHEREAS, McMillin Otay Ranch, LLC, ("Applicant") filed a duly verified application for
the subdivision of the Property in the form of the tentative subdivision map known as "McMillin
Otay Ranch Village Six, Chula Vista Tract 02-03", ("Project"), with the Plmming and Building
Department of the City of Chula Vista on October 9, 2001; and,
WHEREAS, the application requests the approval for the subdivision of approximately
215.3 acres of land known as "McMillin Otay Ranch, Village Six" located in the north-central portion
of the Otay Valley Parcel, south of the future extension alignment of Olympic Parkway, north of the
futm'e Birch Road, east of the extension of La Media Road and west of the future SR-125; and,
WHEREAS, the Project is also the subject matter of the Otay Ranch General Development
Plan (GDP), as amended, originally approved by the City Council on October 28, 1993 by
Resolution No. 17298, and as amended on October 16, 2001, by Resolution No. ("GDP
Resolution") wherein the City Council, in the environmental evaluation of said GDP, relied in part
on the Otay Ranch General Development Plan, Environmental hnpact Report No. 90-01, SCH
#9010154 ("Program EIR 90-01"); and, the Otay Ranch General Development Plan (GDP)
Amendments/Village Eleven SPA Plan Final Second-Tier Environmental Impact Report ("Final EIR
01-02") (SCH#2001031120), the candidate CEQA Findings and Mitigation Monitoring and
Reporting Program; and~
WHEREAS, the City's Enviromnental Review Coordinator has reviewed the Project and has
determined that the Project would not result in any new environmental impacts that were not
previously identified, nor would the PrQect result in a substantial increase in severity in any
environmental effects previously identified in Final EIR 98-01. Only minor technical changes or
additions are necessary and none of the conditions requiring preparation of a subsequent or
supplemental EIR, as identified in Sections 15162 and 15163 exist; therefore, an addendum to the
Village Six SPA Plan Final EIR 01-02 was prepared in accordance with State CEQA Guidelines
Section 15164 and adopted pursuant to Resolution No. (PCS-02-03); and,
WHEREAS, the Planning Commission set the time and place i~or a hearing on said
"Tentative Map, Otay Ranch Village Six, Chula Vista Tract 02-03", (PCS-02-03) and notice of
hearing, together with its purpose, was given by its publication in a newspaper of general circulation
in the city and its mailing to property owners within 500 feet of the exterior boundaries of the Project
site at least ten days prior to the hearing; and,
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m.
February 13, 2002, in the Council Chambers, 276 Fourth Avenue, before the Planning Conunission
and said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED THAT, from the facts presented to the
Planning Commission, the Commission has determined that the Otay Ranch Village Six Tentative
Subdivision Map (C.V.T. 02-03) is consistent with the City of Chula Vista General Plan, the Otay
Ranch General Development Plan, and all other applicable Plans, and that the public necessity,
convenience, general welfare and good planning practice support the approval.
BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends
that the City Council adopt a resolution approving Otay Ranch Village Six Tentative Map involving
215.3 acres of land known as "Otay Ranch, Village Six" located in the north-central portion of the
Otay Valley Parcel, south of the futura extension alignment of Olympic Parkway, north of the future
Birch Road, east of the extension of La Media Road and west of the future SR-125 in accordance with
the findings contained in the attached City Council Resolution No. .; and,
And that a copy of this resolution be transmitted to the owners of the property and the City
Council.
Attachment 5 ]
THE CITY OF CHULA VISTA DISCLOSURE STATEMENT
Pursuant to Council Policy 101-01, prior to any action upon matters which will require discretionary action
by the Counc'd, Planning Commission and all other official bodies of the City, a staIement of disclosure of
certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista
election must be filed. The following infum~ation must be disclosed:
1. List the names of all persons having a financial interest in the property that is the subject of the
application or the contract, e.g., owner, applicant, conlractor, subcon~'actor, material supplier.
McHillin 0ray Ranch~ LLC
'2. If any pemon* identified pursuant to (1) above ~ a corporation ~ partnership, list ~e names of all
indMduals with a $1000 inveslment in the business (co~omfio~partners~p) entity.
Merced Partners Limited Partnership, a Delaware Limited Partnership
McMillin Companies, LLC, a Delaware Limited Liability Company
3. If any person* identified pursuant to (1) above is a non-profit organization or trust, list the names of
any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the
trust.
N/A
4. Please idenfi~ eve~ person, including any agent, employees, cons~tan~, or independent
contracto~ you haveassigned to represe~ you before the Ciw~this matter.
Bob Pletcher Frank Zaidle
Ken Baumgartner Denny Cuccarese
Kelly Theme
5. Has any pemon* associated with this conUact had any financial dealings with an official* * of the
City of Chula Vista as it relates to this contract within the past 12 munths? Yes No X
Attachment 5, cont. ]
If Yes, briefly describe the nature of the financial interest the official* * may have in this contract.
6. Have you made a contribution of more than $250 within the past twelve (12) months to a current
member of the Chula Vista City Council? Yes No X If Yes, which Council member?
7. Have you or any member of your governing board (i.e. Corporate Board of Directom/Executives,
non-profit Board of Directors made contributions totaling more than $1,000 over the past four (4) years to a
current member of the Chula Vista City Council? Yes__No X If Yes, which Council member?
8. Have you provided more than $300 (or an item of equivalent value) to an official** of the City of
Chula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal
debt, gift, loan, etc.)Yes__ No x If Yes, which official** and what was the nature of item
provided?
Date: Signa~
Print or type name of Contractor/Applicant
* Person is defined as: any individual, finn, co-partnership, joint venture, association, social club,
fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality,
district, or other political subdivision, -or any other group or combination acting as a unit.
** Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member
of a board, commission, or committee of the City, employee, or staff members.
IE~HOIVlE~GI~EER~ADMII~CONTRACT, DISCLOSE.DOC
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A TENTATIVE SUBDIVISION
MAP FOR A PORTION OF VILLAGE SIX OF THE OTAY
RANCH, VILLAGE SIX SECTIONAL PLANNING AREA (SPA)
PLAN, CHULA VISTA TRACT 02-03
WHEREAS, the property which is the subject matter of this resolution is identified as
Exhibit "A" attached to City Council Resolution No. - and described on Chula Vista Tract
02-03, and is commonly known as McMillin's Portion ofOtay Ranch, Village Six ("Property");
and,
WHEREAS, McMillin Otay Ranch, LLC, ("Applicant") filed a duly verified application
for the subdivision of the Property in the form of the tentative subdivision map known as
"McMillin Otay Ranch Village Six, Chula Vista Tract 02-03", ("Project"), with the Planning and
Building Department of the City ofChula Vista on October 9,2001; and,
WHEREAS, the application requests the approval for the subdivision of approximately
215.3 acres of land known as "McMillin Otay Ranch, Village Six" located in the north-central
portion of the Otay Valley Parcel, south of the future extension alignment of Olympic Parkway,
north of the future Birch Road, east of the extension of La Media Road and west of the future SR-
125; and,
WHEREAS, the Project is also the subject matter of the Otay Ranch General
Development Plan (GDP), as amended, originally approved by the City Council on October 28,
1993 by Resolution No. 17298, and as amended on October 23,2001, by Resolution No. 2001-
362 ("GDP Resolution") wherein the City Council, in the environmental evaluation of said GDP,
relied in part on the Otay Ranch General Development Plan, Environmental Impact Report No.
90-01, SCH #9010154 ("Program ErR 90-01"); and, the Otay Ranch General Development Plan
(GDP) Amendments/Village Eleven SPA Plan Final Second-Tier Environmental Impact Report
("Final EIR 01-02") (SCH#2001031120), the candidate CEQA Findings and Mitigation
Monitoring and Reporting Program; and,
WHEREAS, the City's Environmental Review Coordinator has reviewed the Project and
has determined that the Project would not result in any new environmental impacts that were not
previously identified, nor would the Project result in a substantial increase in severity in any
environmental effects previously identified in Final EIR 98-01; and,
WHEREAS, the Planning Commission set the time and place for a hearing on
McMillin's portion of Otay Ranch, Village Six Te.ntative Subdivision Map (C.V.T. 02-03) and
notice of said hearing, together with its purpose, was given by its publication in a newspaper of
general circulation in the city and its mailing to property owners within 500 feet of the exterior
boundaries of the Project site at least ten days prior to the hearing; and,
- /q
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m.
February 13, 2002, in the Council Chambers, 276 Fourth Avenue, before the Planning
Commission and the Planning Commission recommended approval of the Project to the City
Council and said hearing was thereafter closed; and,
WHEREAS, a public hearing was scheduled before the City Council of the City ofChula
Vista on McMillin's portion of Otay Ranch, Village Six Tentative Subdivision Map, namely
6:00 p.m. February 26, 2002, in the Council Chambers, 276 Fourth Avenue, before the City
Council.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby find, determine, resolve and order as follows:
I.
PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their
public hearing held on February 13, 2002, and the minutes and resolutions resulting
therefrom, are hereby incorporated into the record of this proceeding. These documents,
along with any documents submitted to the decision makers, shall comprise the entire
record of the proceedings for any California Environmental Quality Act (CEQA) claims.
II.
COMPLIANCE WITH CEQA
The City Council hereby finds that the Project, as described and analyzed in the Second-
Tier Final EIR 98-01 would have no new effects that were not examined in said Final EIR
(Guideline 15168 (c)(2)).
III.
ACTION
The City Council hereby approves the resolution approving McMillin's portion of Otay
Ranch, Village Six Tentative Map, Chula Vista Tract 02-03 involving 215.2 acres ofland
known as "McMillin Otay Ranch, Village Six" in this resolution, finding it is consistent
with the City of Chula Vista General Plan, the Otay Ranch General Development Plan,
Village Six SPA Plan, and all other applicable Plans, and that the public necessity,
convenience, general welfare and good planning and zoning practice support their
approval and implementation.
IV.
TENTATIVE SUBDIVISION MAP FINDINGS
Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City
Council finds that the "McMillin Otay Ranch Village Six Tentative Subdivision Map
(C.V.T. 02-03)" as conditioned, attached as Exhibit "B" to this resolution, hereto for
McMillin Otay Ranch, LLC, is in conformance with all the various elements of the
City's General Plan, the Otay Ranch General Development Plan and Village Six
Sectional Planning Area (SPA) Plan, based on the following:
1/ -20
6.
1.
Land Use
The Project is in a planned community that provides single-family and
multi-family residential uses, schools, community purpose facilities and
common usable open space and other uses authorized by the Village Six
Sectional Planning Area (SPA) Plan.
2.
Circulation
All of the on-site and off-site public and private improvements required to
serve the subdivision are part of the project description or are conditioned
consistent with the Otay Ranch General Development Plan, and the
Village Six SPA Plan. The Applicant shall construct those facilities in
accordance with City and Otay Ranch Village Six SPA Plan standards.
3.
Housing
An affordable housing agreement between the City and McMillin (Master
Developer) will be executed subsequent to the approval of the Tentative
Map and is applicable to subject Project providing for low and moderate
income households.
4.
Parks, Recreation and Open Space
Parks, recreation and open space will be conditioned under Tentative Map
conditions to provide local parkland and dedicate additional Community
parkland (Applicant obligation) for the Project elsewhere in Otay Ranch.
Construction of parkland and common usable open space and
programmable recreation facilities are the responsibility of the Applicant.
5.
Conservation
The Program ErR and FEIR's addressed the goals and policies of the
Conservation Element of the General Plan and found development of this
site to be consistent with these goals and policies. The Otay Ranch Phase
Two Resource Management Plan requires conveyance of 1.18 acres of
land to the Otay Ranch Preserve for every one-acre of developed land
prior to approval of any Final Map.
Seismic Safety
The proposed subdivision is in conformance with the goals and policies of
the Seismic Element of the General Plan for this site. No seismic faults
I J - 21
have been identified in the vicinity of the Project according to the Otay
Ranch Village Eleven SPA Geotechnical Reconnaissance Report.
7.
Public Safety
All public and private facilities are expected to be reachable within the
threshold response times for fire and police services.
8.
Public Facilities
The Applicant will provide all on-site and off-site streets, sewers and
water facilities necessary to serve this Project. The developer will also
contribute to the Otay Water District's improvement requirements to
provide terminal water storage for this Project as well as other major
projects in the eastern territories.
9.
Noise
The Project will include noise attenuation walls based on the results of an
acoustic study prepared for the Project. In addition, all units are required
to meet the standards of the Uniform Building Code with regard to
acceptable interior noise levels.
10.
Scenic Highway
The roadway design provides wide landscaped buffers along Olympic
Parkway the only General Plan, GDP/SRP scenic highway adjacent to the
Project.
11.
Bicycle Routes
The Project is required to provide on-site bicycle routes on the Project as
indicated in the regional circulation system of the General Plan and the Otay
Ranch GDP.
12.
Public Buildings
Public buildings are not proposed on the Project site as part of the community
purpose facility locations. The Project is subject to appropriate residential
fees prior to issuance of building permits.
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.
()-l2-
v.
CONDITIONS OF APPROVAL
The City Council hereby approves the Project subject to the conditions set forth in
Exhibit "C", attached hereto.
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, revoke or further condition issuance
of all future building permits 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.
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
shall be deemed to be automatically revoked and of no further force and effect ab initio.
Presented by
Approved as to form by
Robert Leiter
Planning and Building Director
6Þ <fìI1 ~
JO~heny
City Attorney
/1/23
Exhibit "A"
CHUlA VISTA PLANNING AND BUilDING DEPARTMENT
LOCATOR Ä~~äi:'ik MCMIlliN DTAY RANCH llC PROJECT DESCRIPTION:
C) SUBDIVISION
Ä~g~'i,~1: OTAY RANCH VillAGE 6 McMillin Otay Ranch
SCALE: I FILE NUMBER: Village 6 Tentative Map.
NORTH No Scale PCS-O2-03
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Exhibit "C"
MeMillin Otay Ranch Village Six Tentative Subdivision Map
(C.V.T. 02-03)
CONDITIONS OF APPROVAL
Unless otherwise specified or required by law: (a) the conditions and Code requirements set
forth below shall be completed prior to the related final map as determined by the Director of
Planning and Building and the City Engineer (b) unless otherwise specified, "dedicate" means
grant the appropriate easement, rather than fee title. Where an easement is required the applicant
shall be required to provide subordination of any prior lien and easement holders in order to
ensure that the City has a first priority interest and rights in such land unless otherwise excused
by the City. Where fee title is granted or dedicated to the City, said fee title shall be free and
clear of all encumbrances, unless otherwise excused by the City.
Should conflicting wording or standards occur between these conditions of approval, any conflict
shall be resolved by the City Manager or designee.
GENERAL/PRELIMINARY
I. All of the terms, covenants and conditions contained herein shall be binding upon and
inure to the benefit of the heirs, successors, assigns and representatives of the Developer
as to any or all of the Property. For purposes of this document the term "Developer" shall
also mean "Applicant". (Planning)
2. The Applicant shall comply with all requirements and guidelines of the City of Chula
Vista General Plan; the City's Growth Management Ordinance; Chula Vista Landscape
Manual; Chula Vista Design Manual; Otay Ranch General Development Plan, Otay
Ranch Resource Management Plan, Phase 1 and Phase 2; Ranch Wide Affordable
Housing Plan; Otay Ranch Overall Design Plan; Second-Tier Environmental Impact
Report (EIR 98-01); Otay Ranch Village Six Sectional Planning Area (SPA) Plan and
supporting documents including: Public Facilities Finance Plan; Parks, Recreation, Open
Space and Trails Plan; SPA Affordable Housing Plan; and the Non-Renewable Energy
Conservation Plan as amended from time to time, unless specifically modified by the
appropriate department head, with the approval of the City Manager. These plans may be
subject to minor modifications by the appropriate department head, with the approval of
the City Manager, however, any material modifications shall be subject to approval by
the City Council. (Planning)
3. If any of the terms, covenants or conditions contained herein shall fail to occur or if they
are, by their terms, to be implemented and maintained over time, if any of such
conditions fail to be so implemented and maintained according to their terms, the City
shall have the right to revoke or modify all approvals herein granted including issuance of
building permits, deny, or further condition the subsequent approvals that are derived
from the approvals herein granted, institute and prosecute litigation to compel their
compliance with said conditions or seek damages for their violation. The applicant shall
be notified 10 days in advance prior to any of the above actions being taken by the City
and shall be given the opportunity to remedy any deficiencies identified by the City.
(Planning)
4. Applicant shall indemnify, protect, defend and hold the City harmless from and against
any and all claims, liabilities and costs, including attorney's fees, arising from challenges
to the Environmental Impact Report and subsequent environmental review for the Project
and any or all entitlements and approvals issued by the City in connection with the
Project. (Planning)
5. The applicant shall comply with all applicable Village Six SPA conditions of approval,
(PCM 99-15) as may be amended from time to time. (Planning)
6. Prior to the approval of the first "A" map for the Project, Applicant shall prepare and
submit, to the satisfaction of, and as deemed necessary by the Director of Planning and
Building, an updated Sectional Planning Area (SPA) Plan, and supporting regulating
documents including, but not limited to text, exhibits, and tables for the Village Six SPA
Plan; Planned Community District Regulations; Village Design Plan; Public Facilities
Finance Plan; Affordable Housing Plan Air Quality Improvement Plan; Water
Conservation Plan; Non-Renewable Energy Conservation Plan; Parks, Recreation, Open
Space and Trails Plan; and applicable environmental documents. (Planning)
7. Any and all agreements that the applicant is required to enter in hereunder, shall be in a
form approved by thc City Attorney. (Planning)
8. A reserve fund program has been established by Resolution No. 18288 for the funding of
the Fiscal Impact of New Development (F.I.N.D.) Model for the Otay Ranch Project.
The Applicant shall provide funds to the Reserve Fund as required by the Reserve Fund
Program. Pursuant to the provisions of the Growth Management Ordinance and the Otay
Ranch General Development Plan (GDP), the Applicant shall participate in the funding of
the preparation of an annual report monitoring the development of the community of
Otay Ranch. The annual monitoring report will analyze the supply of, and demand for,
public facilities and services governed by the threshold standards. An annual review shall
commence following the first fiscal year in which residential occupancy occurs in the
Project and is to be completed during thc second quarter of thc following fiscal year. Thc
annual report shall adhere to those guidelines noted on page 353, Section D of the
GDP/SRP. (Planning)
9. Prior to approval of the first "A" map, Developer shall enter into an agreement with the
City of Chula Vista, wherein Developer acknowledges and agrees that, prior to the
construction of SR-125, the City shall stop issuing new building permits for Village Six
when the City, in its sole discretion, determines either:
a. Building permits for a total 9,429 dwelling units have been issued for projects
east of 1-805 (the start date for counting the 9,429 dwelling units is January 1,
2000); or,
b. An alternative measure is selected by the City in accordance with the City of
Chula Vista Growth Management Ordinance.
Developer shall also acknoxvledge and agree that notwithstanding the foregoing
thresholds, the City may issue building permits if the City Council decides, in its sole
discretion, that any of the following has occurred: 1) the circulation system has additional
capacity without exceeding the GMOC traffic threshold standards based upon traffic
studies; 2) other i~nprovements are constructed which provide additional necessary
capacity; or 3) the City selects an alternative method of implementing the GMOC
standards. These traffic studies would not require additional environmental review under
CEQA; however, any improvements proposed in these traffic studies would be subject to
additional environmental revie~vs as required. The above noted agreement shall run with
the entire land contained within the Project. (Engineering)
10. The applicant shall comply with the terms of the Conveyance Agreement, as may be
amended from time to time, adopted by Resolution No. 18416 by the City Council on
October 22, 1996 ("Conveyance Agreement"), to the satisfaction of the Director of
Planning and Building. (Planning)
11. Should any of these conditions conflict with the Olympic Parkway Financing and
Construction Agreement approved by Council Resolution 19410, the Olympic Parkway
Financing and Construction Agreement shall control. (Planning)
ENVIRONMENTAL
12. The Applicant shall implement, to the satisfaction of the Director of Planning and
Building, all environmental impact mitigation measures identified in Final EIR 98-01
(SCH#2001041033), the candidate CEQA Findings and Mitigation Monitoring and
Reporting Program (Final EIR 98-01) for this project. (Planning)
13. The Applicant shall comply with all applicable requirements oftheCalifornia
Department of Fish and Game, the California State Water Resources Quality Control
Board, the U.S. Fish and Wildlife Service and the U.S. Army Corps of Engineers. Prior to
any activity that may potentially impact biological resources, such as clearing and grubbing,
the applicant shall comply with all applicable requirements prescribed in the Otay Ranch
Village Six Second-Tier Environmental Impact Report (EIR 98-01)(SCH#2001041033),
and Mitigation Monitoring and Reporting Program. (Planning)
14. The Applicant shall apply for and receive a take permit/authorization from the U.S. Fish
and Wildlife Service and California Department of Fish and Game, or comply with the
approved City of Chula Vista MSCP Subarea Plan, if applicable to the Project.
(Planning)
15. Prior to the approval of each final "B" map, the Applicant shall comply with all
requirements and policies of the Otay Ranch Resoume Management Plan (RMP) as
approved by City Council on October 28, 1993, and Otay Ranch, Phase 2 Resource
Management Plan (RMP2) and "Preserve Conveyance Schedule," as approved by City
Council on June 4, 1996, and as may be amended from time to time by the City.
(Planning)
16. Prior to the issuance of the first grading permit (including clearing and grubbing) for the
Project, the Applicant shall comply with the requirements of the RMP, Phase Two, Range
Management Plan to the satisfaction of the Director of Planning and Building. (Planning)
17. Simultaneously with conveyance of land to the Preserve Owner/Manager (POM) in fee
title or by easement, the Applicant shall cease all cattle grazing on the land to be
conveyed. In addition, the Applicant shall ensure through the maintenance of existing
fencing or gating, if sufficient, or the construction of new fencing or gating, if deemed
necessary by the City, that cattle from adjacent areas cannot access the land being
conveyed. In addition, Applicant shall comply with the requirements of the RMP, Phase
Two, Range Management Plan to the satisfaction of the Director of Planning and
Building. (Planning)
18. Prior to the approval of each final "B" map for the Project, Applicant shall comply with
ali requirements of the Village Six SPA Plan Agricultural Plan. (Planning)
19. The Applicant shall convey fee title, or upon the consent of the Preserve Owner/Manager
(POM) and any lien holder, an easement restricting use of the land to those permitted by
the Otay Ranch Resource Management Plan (RMP), to the POM upon the recordation of
each final map for an amount of land equal to the final map's obligation to convey land to
the Preserve. Where an easement is conveyed, the Applicant shall be required to provide
subordination of any prior lien holders in order to ensure that the POM has a first priority
interest in such land. Where consent and subordination cannot be obtained, the Applicant
shall convey fee title. Where fee title or an easement is conveyed, access to the
satisbaction of the POM shall also be conveyed, and each tentative map shall be subject to
a condition that thc Applicant shall cxccute a maintenance agreement with the POM
stating that it is the responsibility of the Applicant to maintain the conveyed parcel until
the Habitat Maintenance District has generated sufficient revenues to enable the POM to
assume maintenance responsibilities. Where an easement is granted, each tentative map
is subject to a condition that fee title shall be granted upon demand by the POM. The
Applicant shall irrevocably offer for dedication to the City or its designee, fee title, upon
the recordation of each final map for an amount of land equal to the final map's obligation
to convey land to the Preserve. The Applicant shall maintain and manage the conveyed
parcel until the Preserve Community Facilities District (CFD) has generated sufficient
revenues to enable the POM to assume maintenance and management responsibilities.
(Planning)
20. Upon request of the Director of Planning and Building, applicant shall execute a
maintenance agreement with the City or its designee for the Otay Ranch Preserve.
(Planning)
21. Prior to approval of the first "B" map for the Project, at the request of the City Engineer,
Developer shall take all necessary steps to include the Project area within Improvement
Area "A" of the Otay Ranch Preserve Maintenance District (CFD. No. 97-02).
(Engineering)
SPECIAL CONDITIONS OF APPROVAL
22. A noise barrier plan shall be submitted for review and receive approval of the City prior
to issuance of the first grading permit for the Project. This noise barrier plan shall be
incorporated into the wall and fence plan, a component of the Landscape Master Plan.
Should Developer subsequently request modification of the approved noise barrier plan,
Developer shall provide additional acoustical analysis if required by the Director of
Planning and Building. Noise barriers shall be constructed within dedicated open space
lots and shall not be constructed on private property. (Environmental, Engineering)
23. Noise barriers shall be secured to the satisfaction of the Director of Public Works prior to
approval of the first "A" map for the Project. Bonds securing noise barrier construction
may be released upon determination by the City's Director of Public Works that an
agreement with the City of Chula Vista, California Transportation Ventures (CTV) or its
successor in interest,, and Applicant contains sufficient securities for construction of the
noise barriers. (Environmental, Engineering)
24. Unless required noise barriers are constructed, no building permits shall be issued for
those lots within the noise contour of 65 CNEL or greater as described in the Noise
Technical Report for Otay Ranch Village Six, dated September 24, 2001, unless earlier
modified by agreement with the City of Chula Vista, CTV or its successor in interest, and
Applicant. All noise barrier design and construction adjacent to SR-125 shall be
coordinated with the City of Chula Vista, CALTRANS, and CTV or its successor in
interest. Noise barrier design and construction adjacent to SR-125 may be modified
should a subsequent acoustical study demonstrate to the satisfaction of the Director of
Planning and Building that the applicable noise standards will be achieved by a modified
design. (Environmental, Engineering)
25. Applicant shall make a good-faith effort to coordinate development and implementation
of the Village Six SPA Plan Area with all other developers/applicants within Village Six
including phasing, grading, improvements and dedication of right-of-way. (Planning)
26. The following conditions of approval are based upon the project having multiple Final
Maps for the entire subdivision, which shall be referenced hereinafter as "Final 'B'
Maps". A Final "B" Map is defined as a final subdivision or parcel map, filed in
accordance with the Subdivision Map Act and the Chula Vista Municipal Code, which
proposes to subdivide land into individual single or multi-family lots, or contains a
subdivision of the multi-family lots shown on the Tentative Map. The "B" Map shall be
in substantial conformance with the related approved final "A" Map. Unless otherwise
specified, all conditions and code requirements listed below shall be fully completed to
the City's reasonable satisfaction prior to approval of the first Final 'B' Map.
(Engineering)
27. Prior to approval of the first final "B" map within the tentative map, the developer may
submit and obtain the approval of the City of a master final map ("A" Map) over the
portion of the tentative map within each area showing "super block" lots corresponding to
the units and phasing or combination of units and phasing thereof. Said "A" map shall
also sho~v open space lot dedications, the backbone street dedications and utility
easements required to serve the "super block" lots created by this "A" Map. All "super
block" lots created by this "A" Map or parcel map shall have access to a dedicated public
street. A lot line adjustment, if utilized in accordance with City standards and
procedures, shall not be considered the first "A" Map. The "A" Map may contain single-
family residential units. An "A" map shall not be considered the first final map as
indicated in the conditions of approval unless said map contains single family lots, stock
co-operative, community apartment, condominium lots or multi-family lots as shown.
(Engineering)
28. The subsequent development of a multi-family lot which does not require the filing of a
"B" map shall meet, prior to issuance of a building permit for that lot, all the applicable
conditions of approval of the tentative map, as determined by the City Engineer.
(Engineering)
29. In the event ora filing of a final 'B' map which requires oversizing of the improvements
necessary to serve other properties within the Project, said final map shall be required to
install all necessary improvements to serve the project plus the necessary oversizing of
facilities required to serve such other properties (in accordance with the restrictions of
state law and City ordinances). (Engineering)
DESIGN
30. Any proposed monumentation/signage shall be consistent with the Village Six Village
Design Plan and shall be reviewed and approved by the Director of Planning and
Building prior to approval of the appropriate final map. (Planning)
31. Prior to issuance of the first building permit, Applicant shall submit for review and
approval a sign program to the director of Planning and Building. Prior to issuance of the
first building permit, Applicant shall post temporary signs on all neighborhoods within
the Project indicating the future land use(s) for said sites with signage consistent with the
sign program. Temporary signs shall be maintained in place until such time as a project is
approved for any such future land use site. (Planning)
32. In addition to the requirements outlined in the City of Chula Vista Landscape Manual,
privately maintained slopes in excess of 25 feet in height shall be landscaped and
irrigated to soften their appearance as follows: one 5-gallon or larger size tree per each
1,500 square feet of slope area, one 1-gallon or larger size shrub per each 100 square feet
of slope area, and appropriate groundcover. Trees and shrubs shall be planted in
staggered clusters to soften and vary the slope plane. Landscape and irrigation plans for
private slopes shall be reviewed and approved by the Director of Planning and Building
prior to approval of the corresponding final map. (Planning)
33. Residential street parkways shall be no less than 7.5 feet in width for the planting area,
except as approved by the City Engineer. The Applicant shall plant trees within said
parkways which have been selected from the list of appropriate tree species described in
the Village Six Design Plan, Village Six SPA Plan and Landscape Master Plan and shall
be approved by the Directors of Planning and Building, Building & Park Construction
and Public Works. The Applicant shall provide root barriers and deep watering irrigation
systems for the trees, as approved by the Director Building and Park Construction and the
Director of Public Works. (Planning)
34. The Applicant shall install all street trees in accordance with Section 18.28.10 of the
Chula Vista Municipal Code. All street trees shall be planted in parkways, or as
otherwise approved by the Director of Planning and Building. Street trees, which have
been selected from the revised list of appropriate tree species described in the Village Six
Village Design Plan, Village Six SPA Plan and Landscape Master Plan, shall be approved
by the Director of Planning and Building and Director of Public Works. Prior to the
installation of any dry utilities, including but not limited to cable, telephone, gas or
electric lines, Applicant agrees to complete preliminary street improvement plans that
show the location of all future street trees, which will be subject to the review and
approval of the Director Building & Park Construction and the Director of Planning &
Building. Prior to any utility installation, wood stakes shall be placed by the Applicant
on site according to approved preliminary street tree plans and shall be painted a bright
color and labeled as future street tree location. Applicant further agrees to provide City
documentation, acceptable by the Director Building & Park Construction and the Director
of Planning and Building, that all utility companies have been given notice that no dry
utility line shall be located within five feet of the wood stake in any direction. Applicant
will maintain street tree identification stakes in location as shown on approved
preliminary plans until all dry utilities are in place. A street tree improvement plan,
including mailbox locations, shall be submitted for review and subject to the approval of
the Director of Planning and Building and the City Engineer prior to or concurrent with
the second submittal of street improvement plans within the subdivision. Approval of the
street tree improvement plans shall constitute final approval of the selection of street trees
for the street parkways. (Engineering, Planning, Building and Park Construction)
PUBLIC FACILITIES~ UTILITIES~ IMPROVEMENTS AND PHASING (Streets, Transit,
Sewer, Water, Drainage, Grading)
35. Developer shall dedicate for public use all the public streets shown on the tentative map
within the subdivision boundary. Prior to the approval of the first "A" map and those "B"
maps which trigger improvements as set forth in the Village Six PFFP, the applicant shall
construct or enter into an agreement to construct and secure all street improvements as
required by the PFFP, as may be amended from time to time. The Developer shall
construct the public improvements and provide security satisfactory to the City Engineer
and City Attorney. (Engineering)
36. Construct a protective fencing system around all proposed permanent detention basins,
and the inlets and outlets of storm drain structures, as and when directed by the City
Engineer. The final fencing design and types of construction materials shall be subject to
approval of the City Engineer. (Engineering)
37. Construct energy dissipaters at all storm drain outlets as required by the City Engineer to
maintain non-erosive flow velocities. (Engineering)
38. Prior to approval of each final map, acquire and then grant to the City all off-site rights-
of-way and easements necessary for the installation of required street improvements
and/or utilities, subject to the City's Subdivision Ordinance and the State Subdivision
Map Act. (Engineering)
39. Concurrent ~vith approval of each final map for the Project, the Applicant shall submit
Improvement Plans for the applicable neighborhood for review and approval by the City
Engineer, Director Building and Park Construction and the Director of Planning and
Building. Applicant shall secure in accordance with Section 18.16.220 of the Municipal
Code, as necessary, the construction and/or construct full street improvements for all on-
site and off-site streets as identified in the Otay Ranch Village Six SPA PFFP, as may be
amended from time to time and as deemed necessary to provide service to the subject
subdivision. Said improvements shall include, but not be limited to, asphalt concrete
pavement, base, concrete curb, gutter and sidewalk, sewer, reclaimed water and water
utilities, drainage facilities, street lights, traffic signals, signs, landscaping, irrigation,
fencing, fire hydrants and street light locations, subject to the approval of the City
Engineer. (Engineering)
40. Provide security in accordance with Chapter 18.16 of the Chula Vista Municipal Code,
dedicate, and construct full street improvements for all public streets shown on the
Tentative Map within the subdivision boundary or off-site, as deemed necessary by the
City Engineer to provide service to the subject subdivision, in accordance with Chula
Vista Design Standards, Chula Vista Street Standards, Chula Vista Subdivision Manual,
and approved Tentative Map, unless otherwise approved by the City Engineer. Said
street improvements shall include, but not be limited to, asphalt concrete pavement, base,
curb, gutter and sidewalk, sewer, drainage facilities, street lights, traffic signals, signs,
stripping, fire hydrants and transitions to existing improvements in the manner required
by the City Engineer. The amount of the security for required improvements, including
landscape and irrigation plans, shall be 110% times a construction cost estimate approved
by the City Engineer and the Director Building & Park Construction if related plans have
been approved by the City, 150% times the approved cost estimate if related plans are
being processed by the City or 200% times the construction cost estimate approved by the
City Engineer and the Director Building & Park Construction if related plans have not
been submitted for City review. A lesser percentage may be required if it is demonstrated
to the satisfaction of the City Engineer and the Director Building & Park Construction
that sufficient data or other information is available to warrant such reduction.
(Engineering)
41. Upon: 1 ) approval of the final "B" map that triggers the Cumulative DU's, ("Table 'A'")
below; or, 2) approval of the first map for a specific Planning Area, (Table'B"') below,
whichever occurs earlier, consistent with the Village Six PFFP, as may be amended from
time to time, Developer shall construct or enter into an agreement to construct and secure,
in accordance with Section 18.16.220 of the Municipal Code, the required street
improvements: (Engineering)
Table "A"
Village Six Public Facilities Matrix
Public facilities required to be constructed by Village Six
and cumulative unit triggers
Cumulative Roadway
Facility Description Unit Triggers~
1 La Media Road - Olympic Parkway to Santa Venetia Street 750
;anta Venetia Street - Easterly Boundary of R-I to La Media
2 Road 750
3 Santa Venetia Street - Magdalena Avenue to La Media Road 750
Magdalena Avenue - Santa Venetia Street to Southerly
4 Boundary of R-4 1500
Magdalena Avenue - East Palomar Street to Santa Venetia
5 Street 750
6 East Palomar - Olympic Parkway to Magdalena Avenue 750
ianta Venetia Street - Easterly Boundary orR-2 to La Media
7 Road 750
Magdalena Avenue - Northerly Boundary of R-2 to Bimh
8 Road 1500
9 Birch Road - Magdalena Avenue to' La Media Road4 1500
10 La Media Road - Santa Venetia Street to Birch Road4 1500
11 Birch Road - SR125 to Magdalena Avenue3 1500
12 Vlagdalena Avenue - Birch Road to South Boundary orR-6 1500
13 Dtay Lakes Road - East "H" Street to Telegraph Canyon Rd2 944
(1) Developer shall agree to construct and to secure the facility prior to the Final Map that
triggers the cumulative DU's or EDU's as defined in this Table.
(2) Improvement will be required only if the cumulative trigger is reached prior to the
construction of SR 125.
(3) Improvement shall be secured prior to the cumulative unit trigger, or with an "A" Map
including CPF 2 and/or CPF 3, whichever occurs first. The time to perform the construction of
this facility may be extended by the Director of Public Works.
(4) Full-width improvements for these facilities shall be secured prior to the first final map
containing the 1500th DU. The time to perform the construction of these facilities may be
extended by the Director of Public Works.
Table "B"
Village Six
Specific Planning Area Triggers
Roadway Required for Access ('A")
Area Roadway Or Frontage ("F")2
R-1 1,2 A,F
R-3 l, 3 ^(1), F
R-4 1, 3, 4 A(1), F
R-6 1, 3, 5, 64 A(1,3, 6), F
R-10 1, 3, 5, 64 A(1,3, 6), F
R-2 I, 7, 8, 93,103 A(1), F
R-5 6 A
CPF- 1 6 A, F
R-7 6 A, F
R-8 6 A,F
R-9 6 A
CPF-2 1, 3, 4,11s, 12 A(1,3), F
CPF-3 1, IIs, 12 A(1), F
C-1 6 A,F
(1) Agree to construct and to secure the facility prior to the first final map in this planning area.
(2) Numbers in Parenthesis in this column refer to the Pacility.
(3) Half-width improvements for these facilities shall be secured prior to the first final map in
this planning area. The time to perform the construction of these facilities may be extended by
the Director of Public Works. Full-width dedication for these facilities shall be offered on an
"A" Map containing this planning area.
(4) Only emergency access along this facility shall be required prior to the first final map in
either of these planning areas.
(5) The time to perform the construction of this facility may be extended by the Director of
Public Works.
42. Street cross sections shall conform to the cross sections shown on the tentative map,
unless otherwise conditioned or approved herein. All other design criteria shall comply
with the current Chula Vista Design Standards, Chula Vista Street Design Standards, and
the Chula Vista Subdivision Manual unless otherwise conditioned or approved herein.
(Engineering)
43. The Applicant shall participate in the funding of revisions of the Public Facilities
Development Impact Fee (PFDIF) Program, which shall be prepared by the City, as
directed and requested by the City Manager or his designee and subject to the approval of
the City Council. The Applicant will receive appropriate credit for such participation.
(Engineering)
44. Prior to approval of any final map which triggers the installation of the related street
improvements, Applicant shall enter into an agreement, to the satisfaction of the City
Engineer, to construct and secure fully activated traffic signals, including interconnected
wiring, at the following intersections:
INTERSECTIONS
* La Media Road and Santa Venetia Street
· Santa Venetia Street and Magdalena Avenue
· Magdalena Avenue and Bimh Road
· Bimh Road and La Media Road
· Olympic Parkway and East Palomar Street
· Olympic Park~vay and La Media Road
· Birch Rd and Entry to S-2/R-11
The applicant shall fully design the aforementioned traffic signal in conjunction with the
improvement plans for the related streets. The developer shall install underground
improvements, standards and luminaires in conjunction with the construction of the
applicable street improvements. In addition, the applicant shall install mast arm, signal
heads, and associated equipment when traffic signals warrant as determined by the City
Engineer. (Engineering)
45. Submit to and obtain approval by the City Engineer of striping plans for all promenade,
collector or higher classification strects simultaneously with the associated improve~nent
plans. (Engineering)
46. The Applicant shall comply with the Fire Department's codes and policies for Fire
Prevention, as may be amended from time to time. The Applicant shall provide the
following items either prior to the issuance of building permit(s) for the Project, or prior
to delivery of combustible materials on any construction site on the Project, whichever
occurs earlier:
a. Water supply consisting of fire hydrants as approved and indicated by the
Fire Department during plan check to the satisfaction of the Fire
Department. Any temporary water supply source is subject to prior
approval by the Fire Marshal.
b. Emergency vehicle access consisting of a minimum first layer of hard
asphalt surface or concrete surface, with a minimum standard width of 20
feet.
c. Street signs installed to the satisfaction of the Department of Public
Works. Temporary street signs shall be subject to the approval of the
Department of Public Works and Fire Department. Locations and
identification of temporary street signs shall be subject to review and
approval by the Department of Public Works and Fire Department. (Fire,
Planning, Engineering)
47. Depending on the location of improvements such as cul-de-sacs, alleys, driveways or
when special circumstances exist in a subdivision design, as determined by the Fire
Marshal, the applicant shall install additional fire hydrants upon request and to the
satisfaction of the Fire Department. (Fire, Planning, Engineering)
48. Construct a temporary turnaround or street improvements, upon the request of and as
detemrined necessary by the City Engineer and Fire Marshal, at the end of temporarily
stubbed streets greater than 150 ft. in length (as measured from the nearest street
centerline intersection). (Engineering)
49. Design all vertical and horizontal curves and intersection sight distances to conform to
the Caltrans Highway Design Manual. All streets, which intersect other streets at or near
horizontal or vertical curves must meet intersection design sight distance requirements in
accordance with City standards. Sight visibility easements shall be granted as necessary
to comply with the requirements in the Caltrans Highway Design Manual and City of
Chula Vista policies, where a conflict exists, the City of Chula Vista policies shall
prevail. Lighted SAG vertical curves may be permitted, with the approval of the City
Engineer, at intersections per American Association of State Highway and Transportation
Officials (AASHTO) standards. (Engineering)
50. Prior to approval of each final map, the Engineer-of-Work shall submit and obtain
approval by the City Engineer a waiver request for all subdivision design items not
specifically waived on the Tentative Map, and not conforming to adopted City standards.
The Engineer-of-work request shall outline the requested subdivision design deviations
from adopted City standards and state that in his/her professional opinion, no safety
issues will be compromised. The waiver is subject to approval by the City Engineer in the
City Engineer's sole discretion. (Engineering)
51. Prior to approval of the first map for the Project, Applicant shall agree to construct and
secure, and thereafter construct and secure, to the satisfaction of the City Engineer, the
following improvements:
a. All necessary improvements for providing ingress and egress to the Elementary
School (S-l). This requirement shall also include but is not limited to any
required modification to medians, storm drainage system, street lights, and
irrigation improvements; and,
b. If warranted and upon the request of the City Engineer, traffic signal
improvements for providing vehicular ingress and egress to the Elementary
School S-1. (Engineering)
52. Applicant shall enter into an agreement with the City, prior to the approval of the first
map whereby the developer agrees to the following:
a. Fund and install Chula Vista transit stop facilities within the tentative map boundary
when directed by the Director of Public Works. The improvement plans for said
stops shall be prepared in accordance with the transit stop details described in the
Village Six Design Plan and Village Six PFFP and as approved by the Directors
of Planning and Building and Public Works.
b. Not protest the formation of any future regional benefit assessment district to
finance the MTDB San Diego Trolley LRT System. (Engineering)
53. Alleys shall be constructed to City of Chula Vista standards.
54. Prior to the approval of a Conditional Use Permit (CUP) for the private high school
located at Neighborhood S-2/R-11, CUP applicant shall submit to and obtain the approval
of the City Engineer of a vehicular access study which shall analyze the need for dual
left-turn lanes from Birch Road into the campus, and/or other required improvements.
The CUP applicant shall thereafter install all recommended improvements to the
satisfaction of the City Engineer. (Engineering)
55. The developer shall construct sidewalks and construct pedestrian ramps on all walkways
to meet "Americans with Disabilities Act" standards and as approved by the City
Engineer. In the event the Federal Government adopts ADA standards for street rights-
of-way, which are in conflict with the standards and approvals contained herein, ail such
approvals conflicting with those standards shall be updated to reflect those standards.
Unless otherwise required by federal law, City ADA standards may be considered vested,
as determined by Federal regulations, only alter construction has commenced.
(Engineering)
56. Prior to approval of the first final map for the Project, Applicant shall enter into an
agreement to fund half of the cost of constructing a pedestrian bridge connecting Village
Six with Village 2 over La Media Road north of Santa Venetia Street. Applicant shall
further agree:
a. To cooperate with the City in order to establish, concurrently with the
approval of the first final "B" map within Village Six, a development impact
fee program, or other funding mechanism to the satisfaction of the City
Engineer, to fund Applicant's fair share of said bridge;
b. To not object to being included in any development impact fee program
established to fund Applicant's said fair share;
c. That the timing of the construction of said bridge shall be determined by the
City and shall be a condition of approval of the first tentative map in Village
2.
d. As part of the bridge design, funding and construction, a 10'- wide concrete
walkway shall be provided from the Village Pathway on the north side of
Santa Venetia to the bridge landing on the east side of La Media. (Planning,
Engineering)
57. Prior to the approval of the first final map for the Project the Applicant shall enter into an
agreement to fund half of the cost of constructing a pedestrian bridge connecting Village
Six to Village Five in the vicinity of East Palomar Street. The Applicant shall further
agree to cooperate with the City in order to establish, concurrently with the approval of
the first final "B" map within Village Six, a development impact fee, or other funding
mechanism to the satisfaction of the City Engineer to fund Applicant(s') fair share of said
bridge. The Applicant shall not object to being included in said development impact fee
program. (Engineering, Planning)
58. Applicant who is responsible for the construction of East Palomar Street pursuant to the
PFFP, shall construct the pedestrian bridge connecting Village Six to Village Five. The
timing of the construction of said bridge shall coincide with the improvement of East
Palomar Street between Olympic Parkway and the Village Six Core. In addition, the
Applicant shall:
a. Prior to approval of the first final map that triggers the construction of
improvements of East Palomar Street, enter into an agreement to construct
said bridge.
b. Construct the bridge in a location as directed by the Directors of Planning and
Building and Public Works.
c. As part of the rough grading plan that includes the southerly bridge landing,
submit to for approval by the Director of Public Works and the Director
Buildings and Park Construction, a plan for the connection of the bridge to the
Village Six Pathway along East Palomar Street and the sidewalk on Olympic
Parkway trail. The Developer shall further acknowledge and agree that the
connection between the Olympic Parkway sidewalk and the southerly bridge
landing may require that a route through adjacent neighborhoods be
established using connector trails to Olympic Parkway. (Engineering,
Planning)
59. Prior to the approval of the first "B" map, Applicant shall provide at Applicant's own
expense and to the satisfaction of the City Engineer a Pedestrian Bridge Development
Impact Fee Report, that: l) determines the construction cost estimate for the bridges; 2)
establishes the DIF area of benefit; and 3) establishes the DIF amount. At the sole
discretion of the City, the Developer(s) may submit for approval by the City Engineer an
update to the existing SPA One Pedestrian Bridge Development Impact Fee Report dated
November 6, 1998 that adds the Village Six project to the area of benefit and adjusts the
fee as necessary and takes account of bridge design, including style, color, lighting, etc.,
in all cost calculations, said bridge design being the same as the bridge connecting
Village One to Village Five over La Media Road.
60. The Applicant shall not install privately owned water, reclaimed water, or other utilities
crossing any public street. The installation of sleeves for future construction of privately
owned facilities may be allowed subject to the review and approval of the City Engineer
if the following is accomplished:
a. The developer enters into an agreement with the City where the developer agrees
to the following:
i. Apply for an encroachment permit for installation of the private facilities
within the public right-of-way; and,
ii. Maintain membership in an advance notice such as the USA Dig Alert
Service; and,
iii. Mark out any private facilities owned by the developer whenever work is
performed in the area; and,
iv. The terms of this agreement shall be binding upon the successors and
assigns of the developer.
b. Shutoff devices as determined by the City Engineer are provided at those
locations where private facilities traverse public streets. (Engineering)
61. Street names shall be as on the approved tentative map, or as otherwise approved by the
Director of Plarming and Building and City Engineer. (Planning, Engineering)
62. Prior to issuance of any grading permit based on plans proposing the creation of down
slopes adjacent to public or private streets, Applicant shall obtain the City Engineer's
approval of a study to determine the necessity of providing guardrail improvements at
those locations. Applicant shall construct and secure any required guardrail
improvements in conjunction with the associated construction permit as determined by
and to the satisfaction of the City Engineer. The guardrail shall be installed per CalTrans
Traffic Manual and Roadside Design Guide requirements and American Association of
State Highway and Transportation Officials (AASHTO) standards to the satisfaction of
the City Engineer. (Engineering)
63. Prior to approval of each final map, Applicant shall agree to install permanent street name
signs, and shall install such signs prior to the issuance of the first building permit for
production homes for the applicable final map. (Engineering)
64. Applicant shall construct and secure the installation of ten permanent traffic count
stations, subject to the approval of the City Engineer, as indicated below:
Traffic count station Construct and secure construction
General location prior to approval of
La Media Road (4 count stations) Final map that triggers construction of
the applicable section of La Media Road
(2)
Olympic Parkway (4 count station) (1)
Birch Road (2 count stations) Final map that triggers construction of
applicable section of Birch Road (2)
(1) Prior to approval of the first "A" map Applicant shall submit plans to the City for
review and approval by the City Engineer for the count stations on Olympic Parkway.
(2) The traffic count stations shall be installed at such specific locations as determined
by the City Engineer during processing of the applicable improvement plans.
(Engineering)
GRADING AND DRAINAGE
65. The Applicant shall provide drainage improvements in accordance with the Otay Ranch
Village Six SPA Preliminary Regional Drainage Study: Major Drainage Patterns and
Facilities, dated August 28, 2001, or as otherwise approved by the Director of Public
Works. The Applicant shall maintain all such drainage improvements until said
improvements are formally accepted by the applicable maintenance district, or other
mechanism as approved by the City. Said maintenance shall ensure that drainage facilities
will continue to operate as designed. (Engineering)
¢)6. Prior to approval of any grading permit or aay other grant of approval for constructing the
proposed retention/detention basins, whichever occurs earlier, the Applicant shall
demonstrate, to the satisfaction of the City Engineer, that the design of the proposed
retention/detention basins would reduce the 5-, 10-, 25-, 50- and 100-year post-
development peak flows, to any natural drainage course to an amount not exceeding pre-
development conditions. (Engineering)
67. Storm drain systems that collect water from private property shall be designated private
on grading and drainage and/or improvement plans to the point of connection with a
public system or to the point at which storm water that is collected from public street
right-of-way, public park or open space areas is first introduced into the system.
Downstream from that point, the storm drain system shall be public. An encroachment
permit shall be processed and approved by the City for private storm drains within the
public right-of-way or within C.F.D. maintained Open Space lots. (Engineering)
68. Submit with grading and drainage and/or improvement plans, as applicable, hydrologic
and hydraulic studies and calculations, including dry lane calculations for all public
streets. Calculations shall also be provided to demonstrate the adequacy of downstream
drainage structures, pipes and inlets. (Engineering)
69. Prior to the issuance of any grading permit which impacts off-site property, the applicant
shall deliver to the City, a notarized letter of permission to grade and drain for all off-site
grading. (Engineering)
70. Storm drain design shall conform to the requirements of the Subdivision Manual and the
Grading Ordinance as may be amended from time to time. (Engineering)
71. Provide improved all-weather access with H-20 loading to all public storm drain clean-
outs or as otherwise approved by the City Engineer. (Engineering)
72. Provide a minimum of 6-inch thick PCC (reinforced with #4 BAR at 18" on center each
way) designed for H-20 loading and heavy broom finish for any access road with grades
of 10% or greater. All other access roads must be asphalt concrete designed to carry H-
20 loading. In addition, maintenance pads adjacent to the inlet structures shall be a
minimum of 6-inch PCC (reinforced with #4 bar at 18" on center each way) designed for
H-20 loading with a heavy broom finish. (Engineering)
73. All grading and pad elevations shall be within 2 feet of the grades and elevations shown
on the approved tentative map or as otherwise approved by the City Engineer and
Director of Planning and Building. (Engineering)
74. Grant on the appropriate final "B" map a 15 feet minimum drainage and access easement
for public storm drain lines located between residential units unless other~vise directed by
the City Engineer. All other public easements shall meet City standards for required
width. (Engineering)
75. 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, and successors in interest, 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 and policies 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 water runoffto the maximum extent practicable. (Engineering)
76. Submit to and obtain approval from the City Engineer and Director Building & Park
Construction for an erosion and sedimentation control plan as part of grading plans.
(Engineering, Building & Park Construction)
77. Storm drain clean outs shall not be located on slopes or in inaccessible areas for
maintenance equipment. Public storm drains shall be installed as close to perpendicular
to the slope contours as possible but in no case greater than 15 degrees from
perpendicular to the contours. (Engineering, Building & Park Construction)
78. Brow ditches that cross over slopes greater than 10 feet in height and steeper than 3:1
gradient shall not be allowed. Drainage shall be collected in an inlet and carried via
underground storm drain to the bottom of the slope or a drain inlet connected to an
underground storm drain. The applicant shall ensure that brow channels and ditches
emanating from and/or running through City Open Space are not routed through private
property. Brow ditches and channels from private property shall not be routed through
City open space unless approved by the City Engineer. (Engineering)
79. Indicate on all affected grading plans that all walls, which are to be maintaincd by open
space districts shall be constructed entirely within open space lots dedicated to the City.
(Engineering)
80. Locate lot lines at the top of slopes except as shown on the Tentative Map or as approved
by the City Engineer and Director Building & Park Construction. Lots shall be so graded
as to drain to the street or an approved drainage system. Drainage shall not be permitted
to flow over slopes or onto adjacent property. (Engineering, Building & Park
Construction)
81. Provide a nfinimum of three (3) feet of fiat ground access from the face of any wall to the
beginning of the slope rounding for wall maintenance, unless otherwise approved by the
City Engineer. (Engineering)
82. Provide a setback, as determined by the City Engineer based, on Applicant's Soils
Engineer recommendations, between the property lines of the proposed lots and the top or
toe of any slope to be constructed where the proposed grading adjoins undeveloped
property or property owned by others. The City Engineer will not approve the creation of
any lot that does not meet the required setback. (Engineering)
83. Prior to the issuance of the first grading permit for the Project the Applicant shall submit
for approval by the City Engineer, a horizontal and vertical alignment study for Birch
Road from La Media Road to SR-125. A copy of the approved study shall be forwarded
by Applicant to Caltrans and California Transportation Ventures. (Engineering)
84. Construct temporary de-silting basins to the satisfaction of the City Engineer. The exact
design and location of such facilities shall be based on hydrological modeling and
determined pursuant to direction by the City Engineer. (Engineering)
85. Developer shall submit a drainage study to the satisfaction of the City Engineer with each
grading permit application showing that any interim conditions do not adversely impact
downstream flows. (Engineering)
86. Prior to issuance of grading permits, applicant shall demonstrate that the grading plans
are in substantial compliance with the grading concepts outlined in the Village Six SPA
Plan consistent with the landform grading policies described in the City's General Plan.
Said grading concepts will ensure that manufactured slopes are contoured to blend with
and reflect adjacent slopes. (Engineering, Planning & BuiMing)
87. Prior to the approval of the first map for the Project, or issuance of the first grading
permit for the Project, whichever occurs earlier, Applicant shall enter into an agreement
with the City of Chula Vista, wherein the Applicant agrees to the following:
a. Comply with the requirements of the new Municipal Storm Water Permit (Order
No. 2001-01) issued by the San Diego Regional Water Quality Control Board
including revision of plans as ncccssary.
b. Indemnify, and hold harmless the City, its elected and appointed officers and
employees, from and against all fines, costs, and expenses arising out of non-
compliance with the requirements of the NPDES regulations, in cormection with
the execution of any construction and/or grading work for the Project, whether the
non-compliance results from any action by the Applicant, any agent or employee,
subcontractors, or others. The applicant's indemnification shall include any and
all costs, expenses, attorney's fees and liability incurred by the City.
c. That the City Engineer may require incorporation of Standard Urban Storm Water
Mitigation Plan (SUSMP) requirements during the implementation period
preceding the adoption of the local SUSMP by the City, for all priority projects or
phases of priority projects undergoing approval process, in accordance with Order
No. 2001-01, NPDES No. CAS0108758 Municipal Permit as determined by the
City Engineer.
d. To not protest the formation of a Facilities benefit district or any other funding
mechanism approved by the City to finance the operation, maintenance,
inspection, and monitoring of NPDES facilities. This agreement to not protest
shall not be deemed a waiver of the right to challenge the amount of any
assessment, which may be imposed due to the addition of these improvements and
shall not interfere with the right of any person to vote in a secret ballot election.
Such Applicant obligation may be reassigned to a Master Homeowner's Association or
other appropriate Maintenance District subject to the approval of the City Engineer.
(Engineering)
SEWER
88. Sewer access points shall, unless otherwise approved by the City Engineer and the
Director of Public Works:
a. Be located at the centerline of streets or cul-de-sacs; and,
b. Not be located on slopes or in inaccessible areas of maintenance equipment; and,
c. Not be in the wheel tracks on Promenade Streets and higher street classifications;
alld,
d. Meet Regional Standard Drawing M-4 (Locking) if located within intersections of
Class [ Collectors and above; and,
e. Have improved all-weather paved 12-foot wide minimum access to withstand a
H-20 vehicle load as approved by the Director of Public Works; and,
f. Be provided at all changes of alignment of grade. (Engineering)
89. Prior to the first final "A" map, the Applicant shall agree to participate and shall
thereafter participate in any necessary funding for implementing a Poggi Canyon sewer
trunk monitoring program, as determined by the City Engineer. The sewer trunk
monitoring program shall include an analysis of the remaining capacity of the Poggi
Canyon/Date-Faivre sewer system. The analysis shall demonstrate to the satisfaction of
the City Engineer that sufficient capacity exists for the number of EDUs contained in ail
final map for the Project submitted to the City pursuant to the limits set forth in the PFFP
and the memorandum from the Director of Public Works entitled "Threshold Capacity of
Poggi Canyon Trunk Sewer", dated February 19, 2001. The analysis shall include all
flows, including pumped flows, entering the Poggi Canyon Trunk Sewer, not just from
Village Six, or from within the Poggi Canyon gravity basin.
90. The Village Six server improvements shall be consistent with the following technical
studies: McMillin - Otay Ranch Village Six Sewer Study, dated August 2001; Addendum
Summary Sewer Technical Studies for Otay Ranch Village Six, dated September 20,
2001; and the Overview of Sewer Service for the Otay Ranch Company Village Six,
dated August 31,2001. (Engineering)
91. Sewers serving 10 or less equivalent dwelling units shall have a minimum grade of 1%
and/or a velocity of 2' per second, or as approved by the City Engineer. Sewer lines shall
be installed as close to perpendicular to the slope contours as possible but in no case
greater than 15 degrees from perpendicular to the contours. (Engineering)
92. Grant on the appropriate final "B" Map a 20-foot minimum sewer and access easement
for sewer lines located between residential units unless otherwise directed by the City
Engineer. All other easements shall meet City standards for required width. (Engineering)
PARKS AND OPEN SPACE
93. The Village Six Project shall satisfy the requirements of the Park Land Dedication
Ordinance (PLDO). The ordinance establishes a requirement that the project provide
three (3) acres of local parks and related improvements per 1,000 residents. Local parks
are comprised of community parks and neighborhood parks. This requirement shall be
satisfied in a future local park through the payment of fees, dedication of land, or a
combination thereof in a manner acceptable to the Director Building and Park
Construction. Developer agrees that at no time shall there be a deficit in local parks for
the project. Common useable open space (CUOS) Lot #OS-21 shall not receive park
credit. (Buildiug and Park Construction)
94. Developer shall satisfy its community parkland obligation in a manner consistent with
Chula Vista Municipal Code Chapter 17. The community parkland obligation will be
included within a proposed community park to be located within a service radius of
Village Six. The location of the community parkland obligation is subject to the approval
of the Director Building and Park Construction. (Building and Park Constructio~O
95. Prior to approval of each final "B" Map, or prior to issuance of building permits for
condominiums, community apartments, or stock-cooperatives not requiring the filing of a
final "B" Map, the Applicant shall pay all applicable parkland acquisition and
development fees (PAD Fees) and/or dedicate land to the City in accordance with
C.V.M.C. Chapter 17.10, subject to the approval of the Director Building and Park
Construction. (Building and Park Construction)
96. Prior to approval of the first "A" map for the Project, the applicant shall submit a letter to
the Director Building and Park Construction acknowledging that the City is in the process
of preparing and adopting a City-wide Parks Master Plan, and agreeing to comply with
the provisions of said plan as adopted and as it affects facility and other related
requirements for the Project's parks. (Building and Park Construction)
97. All local parks shall be designed and constructed consistent with the provisions of the
Chula Vista Landscape Mammal and related Planning and Building Department
specifications and policies.
98. Prior to the approval of the first "A" Map for the Project, Applicant shall have prepared,
submitted to and received approval from the Director Building and Park Construction of a
comprehensive "Project Landscape Master Plan". Such approval shall be indicated by
means of the Director Building and Park Construction signature and date on said Plan.
The contents of the Landscape Master Plan shall conform to the City staff checklist and
include the following major components:
a. Landscape Concept;
b. Trail Plan;
c. Wall and Fence Plan to include the previously approved noise barrier plan;
d. Brush Management Plan, identifying three zones and treatment, if any;
e. Maintenance Responsibility Map which delineates of private and public
property and indicates the maintenance responsibility for each;
f. Planting Concept Plan; and
g. Master Irrigation Plan
Upon request of the Director Building and Park Construction, Applicant shall update the
Project's Landscape Master Plan to conform to any changes made subsequent to the
initial approval of the Plan. (Building and Park Construction, Planning and Building,
Engineering)
99. The wall and fence plan for the Project shall be included in the Project's Landscape
Master Plan and shall indicate color, materials, height and location. Materials and color
used shall be compatible and all walls located in comer side-yards or rear yards facing
public or private streets or pedestrian connections shall be constructed of a decorative
masonry and/or wrought iron material. View fencing shall be provided at the ends of all
other open cul-de-sacs where a sound wall is not required. All walls shall be constructed
pursuant to EIR 98-01 and the Village Six SPA Plan. (Engineering, Planning, Building
and Park Construction)
100. Within 90 days oF approval of the applicable final "B" map, enter into a maintenance
agreement and grant easements as necessary for landscaping and improvements
maintained by a Homeowners Association within City right-of-way or such other public
areas required by the City. (Engineering, Building and Park Construction)
101. Prior to the issuance of each grading permit for the Project, the Applicant shall prepare,
obtain the approval of and secure to the satisfaction of the Director of Plmming &
Building all landscape, trail and irrigation slope erosion control plans. All plans shall be
prepared in accordance with the current Chula Vista Landscape Manual and Grading
Ordinance, as may be amended from time to time. Applicant shall install landscape, trail
and irrigation slope erosion control in accordance with approved plans no later than six
months from the date of issuance of the grading permit. If the work cannot be completed
within the specified time, the Applicant may request an extension, which may be granted
at the discretion of the Director of Planning & Building. Such a request shall be
submitted for approval in writing to the Planning & Building Department sufficiently in
advance of the end of the six-month timeframe to allow processing of the extension.
Notwithstanding the time of installation of landscape, trail and irrigation slope erosion
control, Applicant shall remain in compliance with NPDES. (Planning, Building and
Park Construction)
102. Applicant shall install underground utilities to the property line of the Project's park site
(P-l) to the satisfaction of the Director Building and Park Construction and the City
Engineer concurrently with the installation of underground utilities for any portion of the
Project adjacent to the park site or upon request of the Parks and Recreation Director,
whichever occurs earlier. (Building and Park Construction, Engineering)
TRAILS
103. Prior to the approval of any final "B" map for the project containing a trail, the Applicant
shall enter into an agreement to secure and construct the following trails: 1) A 6' wide
neighborhood trail connector within a 12' easement from the cul-de-sac at the north end
of Oak Point Drive down to Olympic Parkway. 2) A 6' wide neighborhood trail
connector within a 12' easement from the cul-de-sac on the west end of View Park Way
down to La Media Road. 3) A 6' wide neighborhood trail connector within a 12'
easement from the intersection of Vendola Street and Bellagio Street down to Magdalena
Avenue. Final trail design, alignment and construction details, including fencing and
signage shall be subject to approval by the Director Building & Park Construction and the
Director of Planning & Building. (Building and Park Construction, Planning &
BuiMing)
104. Prior to the approval of any "B" map with open space lots for the Project, Applicant shall
provide an easement to the City, in a fom~ approved by the City Attorney, for all trail
alignments. (BuiMing & Park Construction)
105. Prior to approval of the first "A" map, the applicant shall submit a letter to the Director
Bnilding & Park Construction acknowledging that the City is in the process ofprcpadng
and adopting a City-~vide Greenbelt Trails Master Plan, and agreeing to comply with the
provisions of said plan, and modify the project as necessary to comply and remain in
compliance with the adopted Greenbelt Trails Master Plan. (Building & Park
Construction)
106. Applicant shall keep any necessary retaining walls to a minimum and/or if a grading
solution can be found, retaining walls will not be used to gain additional space for the
street corridor unless approved as shown on the Tentative Map. The retaining walls are
to be located and detailed on all applicable grading plans for the Project, and subject to
the approval of the Directors of Planning and Building, Public Works and Building and
Park Construction. Slopes gradients may be increased to the maximum permitted in the
grading ordinance in limited locations to accommodate constraints such as maintenance
access ~vays. Landform grading policies shall be observed and followed. If a
combination of low retaining walls and modified landform grading cannot accommodate
any constraints or maintenance access areas, the top of slope shall be adjusted, as City
deems necessary. (Building and Park Construction)
107. The graded section, upon which six-foot wide connector trails, located within the Project,
are constructed shall be 12 feet in width. Six feet shall be provided for the trail bed, with
a 2 foot graded shoulder on one side (shoulder graded at 2% max.) and a 4' graded
shoulder on the side of the trail bed adjacent to the down slope (shoulder graded at 2%
max.). Trail construction materials shall be subject to the approval of the Directors of
Public Works and Planning and Building. (BuiMing and Park Construction, Public
Work3')
108. Applicant shall obtain the approval of the Director Building and Park Construction for
appropriate signage indicating location of trail connections, handicap access, and bikeway
locations to the Regional Trail, Village Pathway, and Chula Vista Greenbelt. Said
signage shall be included on the Landscape and Irrigation Improvement Plan. Signage
shall be installed upon the request of the Director Building and Park Construction and
Director of Planning and Building. (Buihling and Park Construction, Planning and
Building)
109. Applicant agrees to comply with the current Regulatory Negotiation Committee
Recommendations for Accessibility Guidelines: Outdoor Developed Areas Final Report,
as may be amended from time to time, developed for: U.S. Architectural and
Transportation Barriers Compliance Board when designing all trails and trail connections.
(Building & Park Constructio~O
110. Prior to the issuance of each street construction permit for the Project, the Applicant shall
prepare and secure, to the satisfaction of the City Engineer and the Director Building &
Park Construction, for parkway and median landscape and irrigation plans. All plans shall
be prepared in accordance with the current Chula Vista Landscape Manual and the
Village Six SPA Plan, as may be amended from time to time. Applicant shall install all
improvcments in accordance with approvcd pkms to the satisfaction of the Director
Building & Park Construction and the City Engineer. (Building & Park Construction,
Engineering)
OPEN SPACE/ASSESSMENTS
111. In the event Developer wishes to request the formation of a Maintenance District or
similar funding mechanism, the Developer shall submit an application packet for
formation of a Community Facilities District (CFD), and submit the request for CFD
formation to the City Council for consideration. The CFD shall be formed prior to
approval of the first "B" map for the Project. Subject to the approval of the Director of
Public Works, Developer shall submit a list of amenities, acreage and costs for all Open
Space District lots including but not limited to the cost of any detention basin
maintenance and structural storm water quality BMP's within the Project. Developer
shall maintain the open space improvements for a minimum period of one year or until
such time as accepted into the open space district by the Director of Public Works. If
Council does not approve the CFD formation, another financing mechanism such as a
Master Homeowners Association, or an endowment shall be established and submitted to
the City Council for consideration prior to approval of the first map. Along with
submission of the application package for formation of the CFD, Developer shall submit
an initial cash deposit in an amount to be determined by the City Engineer to begin the
process of formation of the Open Space District. All costs of formation and other costs
associated with the processing of the open space relating to this project shall be borne by
the Developer. The Developer shall provide all the necessary information and materials
(e.g., tables, diagrams, etc.) required by the City Engineer for processing the formation of
the proposed open space district. (Public Works)
112. Prior to the approval of the first final "B" Map, the developer shall:
a. Submit evidence, acceptable to the City Engineer and the Director of Planning and
Building of the formation of a Master Homeowner's Association (MHOA), or another
financial mechanism acceptable to the City Manager. The MHOA shall be responsible
for the maintenance of those landscaping improvements that are not to be included in
the proposed financial mechanism. The City Engineer and the Director of Planning
and Building may require that some of those improvements shall be maintained by the
Open Space District. The final deternfination of which improvements are to be
included in the Open Space District and those to be maintained by the MHOA shall
be made during the Open Space District Proceedings. The MHOA shall be structured
to allow annexation of future tentative map areas in the event the City Engineer and
Director of Planning and Building require such annexation of future tentative map
areas. The MHOA formation documents shall be subject to the approval of the City
Attorney; and,
b. The developer shall submit for City's approval the CC&Rs, grant of easements
and maintenance standards and responsibility of the MHOAs for the open space
areas within thc Projcc! area. Developer shall acknowledge that the MHOAs
maintenance of public open space, trails, parkways, and like areas, may expose
the City to liability. Developer agrees to establish a MHOA that will hold the
City harmless from any actions of the MHOA in the maintenance of such areas;
and,
c. Submit and obtain approval of the City Engineer and the Director of Planning and
Building of a list of all Otay Ranch Village Six SPA and MHOA facilities and
other items to be maintained by the proposed district. Separate lists shall be
submitted for the improvements and facilities to be maintained by the Open Space
District and those to be maintained by a Master Homeowner's Association.
Include a description, quantity and cost per year for the perpetual maintenance of
said improvements. These lists shall include but are not limited to the following
facilities and improvements:
i. Ail facilities located on open space lots to include but not be limited to:
walls, fences, water fountains, lighting structures, paths, trails, access
roads, drainage structures and landscaping. Each open space lot shall also
be broken down by the number of acres of: 1) turf, 2) irrigated, and 3)
non-irrigated open space to aid in the estimation of a maintenance budget
thereof.
ii.Medians and parkways along Olympic Parkway, La Media and Birch
Road (onsite and offsite) and all other street parkways proposed for
maintenance by the applicable Community Facilities District or
Homeowners' Association.
iii.The proportional share of any proposed detention basin (temporary or
permanent) located in the Poggi Canyon Basin.
iv. The proportional share of the maintenance of the median and parkways
along that portion of Olympic Parkway adjoining the development as
detemfined by the City Engineer.
v. All storm-water quality structural BMP's serving the Project.
(Engineeringd
113. Developer shall irrevocably offer for dedication in fee interest to the City on all
applicable final maps, those open space lots shown on the tentative map to be maintained
by an open space district. (Engineering)
114. Prior to the approval of each Final "B" Mapl Declaration or Supplementary Declaration
of Covenants, Conditions, and Restrictions (CC&R's) shall be submitted and subject to
the approval of the City Engineer. The CC&R's shall include the following obligations
of the Master Homeowners Association:
a. A rcquiremcnt that thc MHOA shall maintain comprehensive general liability
insurance against liability incident to ownership or use of the following areas:
i. All open space lots that shall remain private,
ii. Other Master Association property.
b. Before any revisions to provisions of the CC&R's that may particularly affect the
City can become effective, said revisions shall be approved by the City. The MHOA
shall not seek approval from the City of said revisions without the prior consent of
100 percent of the holders of first mortgages or property owners within the MHOA.
c. The MHOA shall indemnify and hold the City harmless from any claims, demands,
causes of action liability or loss related to or arising from the maintenance activities
of the MHOA.
d. The MHOA shall not seek to be released by the City from the maintenance
obligations described herein without the prior consent of the City and 100 percent of
the holders of first mortgages or property owners within the MHOA.
e. The MHOA is required to procure and maintain a policy of comprehensive general
liability insurance written on a per occurrence basis in an amount not less than one
million dollars cmnbined single limit. The policy shall be acceptable to the City and
name the City as additionally insured to the satisfaction of the City Attorney.
f. The CC&R's shall incorporate restrictions for each lot adjoining open space lots
containing walls maintained by the open space district to ensure that the property
owners know that the walls may not be modified or supplemented nor may they
encroach on City property.
g. The CC&R's shall include provisions assuring maintenance of all streets, driveways,
drainage and sewage systems which are private.
h. The CC&R's shall include provisions assuring MHOA membership in an advance
notice such as the USA Dig Alert Service in perpetuity.
i. The CC&R's shall include provisions that provide the City has the right but not the
obligation to enforce the CC&R provisions the same as any owner in the project.
j. The CC&R provisions setting forth restrictions in these Tentative map conditions
may not be revised at any time without prior written permission of the City.
k. The MHOA shall not dedicate or convey for public streets, land used for private
streets without approval of 100% of all the HOA members or holder of first
mortgages within the MHOA.
1. The CC&R's shall prohibit "speed bumps" on private streets. The CC&R's shall
also include language which states that any proposal by the HOA to allow "speed
bumps" in the future shall require prior written approval of 100% of all the
Homeowners Association members. (Engineering)
I 15. Future property owners shall be notified during escrow, by a document to be initialed by
the owners, of the maintenance responsibilities of the MHOA and their estimated annual
cost. Developer shall submit the document and obtain the approval of the City Engineer
and Director of Planning and Building prior to distribution through escrow, which
approval shall not be unreasonably withheld. (Engineering, Planning and Building)
116. Lot OS-21 shall be mai~tained by a maintenance entity as determined by the Director of
Planning and Building based on City Council policy. The facilities in Lot OS-21 to be
maintained by a maintenance entity include, but are not limited to: pavements, sidewalks,
street trees, street lights including power supply, private drainage facilities and
landscaping of private common areas. Lot OS-21, a Common Usable Open Space area as
described in the Chula Vista Design Manual, shall be landscaped, graded and contain
amenities to the satisfaction of the Director Building and Park Construction.
Construction shall be completed prior to the issuance of the final building permit in either
Neighborhoods R-1 or R-3, whichever occurs earlier. Lot OS-21 shall have a minimum
usable area of 0.7 acre. If maintained by a Master Home Owner's Association, Applicant
shall receive CPF credit. (Engineering, Building & Park Construction)
117. Grade a level, clear area at least three feet wide (face of wall to top of slope), along the
length of any wall abutting an open space district lot, as measured from face-of-wall to
beginning of slope. Said area shall be as approved by the City Engineer and the Director
of Planning and Building. (Engineering, Planning and Building)
I18. Developer shall ensure that all buyers of individual lots adjoining open space lots,
containing walls maintained by the open space district, sign a statement, when purchasing
their homes, stipulating that they are aware that the walls are on City or HOA property
and that they shall not modify or supplement the wall or encroach onto the property.
These restrictions shall also be incorporated in the CC&R's for all lots. (Engineering)
119. Prior to approval of each Final Map, provide proof to the satisfaction of the City Engineer
and Director Building & Park Construction that all improvements located on open space
lots are incorporated into and maintained by a Home Owner's Association or an Open
Space District. (Engineering, Building & Park Construction)
120. The developer agrees to not protest formation or inclusion in a maintenance district or
zone for the maintenance of landscaped medians and scenic corridors along streets within
or adjacent to the subject subdivision. (Engineering)
121. Prior to issuance of any grading pemfit which includes permanent Landscaping and
Irrigation (L&I) improvements to be installed in an open space lot to be maintained by
the Community Facility District (CFD), the developer shall place a cash deposit, or other
funding mechanism acceptable to the City, in the City's sole discretion, with the City
which will guarantee the maintenance of the L&I improvements until the City accepts
said improvements. In the event the improvements are not maintained to City standards
as determined by the City Engineer and the Director Building & Park Construction, the
deposit shall be used to perform the maintenance. The amount of the deposit shall be
equivalent to the estimated cost of maintaining the open space lots to City standards for a
period of six months, ("Minimum Deposit Amount"), as determined by the City
Engineer. Any unused portion of said deposit may be incorporated into the CFD's
Reserve Account, or returned to the Developer, according to the following:
a. If, six months prior to the scheduled date of acceptance of Landscape and
Irrigation improvements for maintenance by the CFD, the Reserve Account is less
than the Minimum Deposit Amount, the difference between these two amounts
shall be incorporated into the Reserve Account, or;
b. if the Reserve Account is at or above the Minimum Deposit Amount, the unused
portion of the deposit may be returned to the Developer in 6 equal monthly
increments over the last six month's of the maintenance period if the maintenance
is being accomplished to the satisfaction of the Director Building & Park
Construction. (Engineering, Building & Park Construction)
WATER
122. Prior to City acceptance of any open space lots, the Developer shall demonstrate to the
satisfaction of the City Engineer, that the assessments/bonded indebtedness for all parcels
dedicated or granted in fee to the City have been paid or that no assessments exist on the
parcel(s). (Engineering)
123. Prior to approval of each Final Map, present verification to the City Engineer in the form
of a letter from Otay Water District that the subdivision will be provided adequate water
service and long-term water stor~ige facilities. The Applicant shall phase and install water
system improvements as required by the Otay Water District. (Engineering, Planning &
Building)
124. Prior to approval of each Final Map, the Applicant shall present verification to the City
Engineer in the form of a letter from Otay Water District that Otay Water District is able
to provide sufficient water supply pursuant to Section 66473.7 of the California
Government Code, as may be amended from time to time.
EASEMENTS
125. Grant to the City a 10' ,,vide easement l'or general utility purposes along public street
frontage of all open space lots offered for dedication to the City unless otherwise
approved by the City Engineer. Ensure that sufficient room is available for street tree
planting when locating utilities within this easement. (Engineering)
126. Indicate on all appropriate "B" Maps a reservation of easements to the future
Homeowners Association for private stomi drain, if any, within open space lots as
directed by the City Engineer. Obtain, prior to approval of each final "B" Map, all off-
site right-of-way necessary for the installation of the required improvements for that
subdivision thereto. The developer shall also provide easements for all on-site and off-
site public drainage facilities, sewers, maintenance roads, and any other public facilities
necessary to provide service to the subject subdivision. (Engineering)
127. Grant on the applicable Final Maps sight distance easements to the City of Chula Vista
for comer lots, as required by the City Engineer to keep such areas clear of any
obstructions. Sight distance easements shall be shown on applicable grading plans,
improvement plans, and final maps, to the satisfaction of the City Engineer.
(Engineering)
128. Design landscape and irrigation plans such that street tree placement is not in conflict
with the visibility of any traffic signage. The Developer shall be responsible for the
removal of any obstructions of said traffic signs to the satisfaction of the City Engineer.
(Engineering)
129. Grant easements to subsequent owners pursuant to Section 18.20.150 of the City Code on
any final map that proposes private utilities or drainage facilities crossing property lines
as directed by the City Engineer. (Engineering)
130. Grant to City on all appropriate final "B" Map, a 2-foot access easements along the rear
and side property line of lots adjoining walls to be maintained by the open space district.
The locations of these easements shall be as required by the Director of Plarming and
Building and the City Engineer to provide adequate access for maintenance of said walls.
(Engineering)
131. Storm drain easements shall be private unless the storm drain systems therein are public.
(Engineering)
132. Where a private storm drain easement will parallel a public sewer easement, the
easements shall be delineated separately on the final map and on the grading and
improvement plans. If any portion of the easements will overlap one another, the City
shall have a superior right to the common portion of the easements. (Engineering)
133. Prior to the approval of each final map, the City Engineer may require either the removal
or the subordination of any easement, which may unreasonably interfere with the full and
complctc cxercise of any required public casemcnt or right-o f-way. (Engineering)
134. The developer shall notify the City at least 60 days prior to consideration of the first map
by City if any off-site right-of-way cannot be obtained as required by the Conditions of
approval. (Only oft-site right-of-way or easements affected by Section 66462.5 of the
Subdivision Map Act are covered by this condition.) After said notification, the
developer shall:
a. Pay the full cost of acquiring off-site right-of-way and/or easements required by
the Conditions of Approval of the tentative map.
b. Deposit with the City the estimated cost of acquiring said right-of-way and/or
easements. Said estimate to be approved by the City Engineer.
c. Have all easements and/or right-of-way documents and plats prepared and
appraisals complete which are necessary to commence condemnation proceedings
as determined by the City Attorney.
d. Request that the City use its powers of Eminent Domain to acquire right-of-way,
easements or licenses needed for off-site improvements or work related to the
final map. The developers shall pay all costs, both direct and indirect incurred in
said acquisition.
e. Acquire and bond for offsite rights-of-way and easements to be dedicated to the
City in order to comply with the PFFP schedule. Applicant shall bond for the off-
site improvements as required by the City Engineer. (Engineering)
135. Grant on the final maps minimum 15' wide easements to the City of Chula Vista as
required by the City Engineer for construction and maintenance of sewer facilities.
(Engineering)
136. Provide minimum 15' wide easements to the City of Chula Vista as required by the City
Engineer for construction and maintenance of stom~ drain facilities. (Engineering)
137. Provide easements for all off-site public storm drains and sewer facilities prior to
approval of each final map requiring those facilities. The easements shall be sized as
required by the City of Chula Vista Standards, unless otherwise approved by the City
Engineer. (Engineering)
138. Grant on all applicable final maps, easements along all public streets within the
subdivision as shown on the tentative map and in accordance with City standards unless
otherwise approved by the City Engineer and the Director of Planning and Building. The
City Engineer may require either the removal or the subordination of any easement,
which may unreasonably interfere with the full and complete exercise of any required
public easement or right-of-way. (Engineering)
139. Grant on the appropriate final map, a 20-foot minimum sewer and access easement for
sewer lines located between residentiai units, unless otherwise required by the City
Engineer. All other easements shall meet City standards for required width.
(Engineering)
AGREEMENTS/FINANCIAL
140. Enter into a supplemental agreement with the City, prior to approval of each Final Map,
where thc developer agrees to the following:
a. That the City may withhold building permits for the Project if any one of the
following occur:
i. Regional development threshold limits set by a Chula Vista transportation
phasing plan, as amended from time to time, have been reached or in order
to have the Project comply with the Growth Management Program, as may
be amended from time to time.
ii. Traffic volumes, levels of service, public utilities and/or services either
exceed the adopted City threshold standards or fail to comply with the
then effective Growth Management Ordinance, and Growth Management
Program and any amendments thereto. Public utilities shall include, but
not be limited to, air quality, drainage, sewer and water.
iii. The required public facilities, as identified in the PFFP or as amended or
otherwise conditioned have not been completed or constructed to the
satisfaction of the City. The developer may propose changes in the timing
and sequencing of development and the construction of improvements
affected. In such case, the PFFP may be amended as approved by the
City's Director of Planning and Building and the Public Works Director.
The Applicant agrees that the City may withhold building permits for any
of the phases of development identified in the Public Facilities Financing
Plan (PFFP) for Otay Ranch Village Six SPA if the required public
facilities, as identified in the PFFP or as amended by the Annual
Monitoring Program have not been completed.
b. To defend, indemnify and hold harmless the City and its agents, officers and
employees, from any claim, action or proceeding against the City, or its agents,
officers or employees, to attack, set aside, void or annul any approval by the City,
including approval by its Planning Commission, City Council or any approval by
its agents, officers, or employees with regard to this subdivision pursuant to
Section 66499.37 of the State Map Act provided the City promptly notifies the
Applicant of any claim, action or proceeding and on the further condition that the
City fully cooperates in the defense.
c. Permit all cable television companies franchised by the City of Chula Vista equal
opportunity to place conduit and provide cable television service for each lot or
unit within the Tentative Map area. Developer further agrees to grant, by license
or easement, and for the benefit of, and to be enforceable by, the City of Chula
Vista, conditional access to cable television conduit within the properties situated
within the final map only to those cable television companies franchised by the
City of Chula Vista, the condition of such grant being that:
i. Such access is coordinated with Developer's construction schedule so that
it does not delay or impede Developer's construction schedule and does
not require the trenches to be reopened to accommodate the placement of
such conduits; and
ii. Any such cable company is and remains in compliance with, and promises
to remain in compliance with the terms and conditions of the franchise and
with all other rules, regulations, ordinances and procedures regulating and
affecting the operation of cable television companies as same may have
been, or may from time to time be, issued by the City of Chula Vista.
Developer hereby conveys to the City of Chula Vista the authority to enforce said
covenant by such remedies as the City determines appropriate, including
revocation of said grant upon determination by the City of Chula Vista that they
have violated the conditions of grant. (Engineering, Planning & Building)
d. That the City may withhold the issuance of building permits for the Project,
should the Developer be determined by the City to be in breach of any of the
terms of the Tentative Map Conditions or any Supplemental Agreement. The City
shall provide the Developer of notice of such determination and allow the
Developer reasonable time to cure said breach
e. Hold the City harmless from any liability for erosion, siltation or increase flow of
drainage resulting from this project. (Engineering)
141. The Applicant shall enter into an supplemental agreement with the City prior to approval
of the first final "B" Map, where the developer agrees to the following:
a. Participate, on a fair share basis, in any deficiency plan or financial program
adopted by SANDAG to comply with the Congestion Management Program
(CMP).
b. To not protest the formation of any future regional impact fee program or
facilities benefit district to finance the construction of regional facilities.
(Engineering)
142. Prior to approval of each Final Map, the Applicant shall comply with all previous
agreements as they pertain to this tentative map. (Engineering, Planning & Building)
143. Prior to approval of each Final Map, the Applicant shall contract with the City's current
street sweeping franchisee, or other server approved by the Director of Public Works to
provide street sweeping for each phase of development on a frequency and level of
service comparable to that provided for similar areas of the City. The developer shall
cause street sweeping to commence immediately after the final residence, in each phase,
is occupied and shall continue sweeping until such time that the City has accepted the
street or 60 days after the completion of all punch list items, whichever is shorter. The
developer further agrees to provide the City Special Operations Manager with a copy of
the memo requesting street sweeping service, which memo shall include a map of areas to
be swept and the date the sweeping will begin. (Public Works)
144. The Applicant shall be required to equitably participate in any future regional impact fee
program for regional facilities should the region enact such a fee program to assist in the
construction of such facilities. The Applicant shall enter into an agreement, prior to
approval of the first map, with the City which states that the Applicant will not protest the
formation of any potential future regional benefit assessment district formed to finance
regional facilities. (Engineering)
145. The Applicant shall enter into an agreement with the City, prior to approval of the first
"A" map, to fund the cost of transit facilities. Said facilities, including but not limited to
"transit stops" shall be designed and constructed in a manner as approved by the City's
Transit Coordinator and Director of Planning and Building. (Planning and Building,
Engineering)
146. Prior to approval of the applicable final map, Applicant shall construct and secure, or
agree to construct and secure, the construction of transit stop facilities as set forth in the
PFFP. The schedule for constructing the transit stops shall be approved or determined by
the City Engineer prior to approval of the aforementioned final map. Applicant shall
design, subject to the approval of the City Engineer said transit stops in conjunction with
the improvement plans for the related street. The City Engineer may require that
Applicant provide security guaranteeing the construction of said transit stops iJ~ a form of
cash or any other form approved by the City Engineer at his/her sole discretion. Since
transit service availability may not coincide with projcc~ development, the Applicant shall
install said improvements when directed by the City. (Public Works/Transit)
147. No final "B" maps may be recorded within Village Six SPA area until such time that an
annexable Mello Roos District, or some other financing mechanism approved by the
school district, to provide for the construction of needed elementary, middle and high
schools is established. (Engineering)
148. Prior to approval of the first final "A" Map for the project in order to satisfy their fair-
share contribution for financing the transit system, the Applicant shall enter into an
agreement with the City which states that the Applicant will not protest the formation of
any potential future regional benefit assessment district formed to finance the transit
system. (Engineering)
149. Prior to the approval of any final map for the Project that contains open space, the
Applicant shall enter into an agreement to construct and secure open space landscape
improvements within the map area. All landscape improvements shall be secured in
an~ounts as determined by the Director Building & Park Construction and approved in
form by the City Attorney. (Engineering)
SCHOOLS
150. The applicant shall deliver to the Chula Vista Elementary School District, a 10-net
useable acre graded elementary school site including utilities provided to the site and an
all weather access road acceptable to the District, prior to issuance of the 1,050th
residential building permit (352 students) within Village Six SPA. The all-weather
access road shall also be acceptable to the Fire Department. This schedule is subject to
modification by the School District as based on District facility needs. (Planning and
BuiMing)
MISCELLANEOUS
151. The applicant shall install all public facilities in accordance with the Village Six Public
Facilities Finance Plan (PFFP), or as required to meet the Growth Management Threshold
standards adopted by the City. The City Engineer may modify the sequence of
improvement construction should conditions change to warrant such a revision. The
applicant further agrees to comply with Chapter 19.09 of the Chula Vista Municipal Code
(Growth Management Ordinance) as may be amended from time to time by the City.
Said Chapter includes but is not limited to Threshold Standards (19.09.040) Public
Facilities Plan Implementation (19.09.090) and Threshold Compliance Procedures
(I9.09.100). (Engineering)
152. The Applicant agrees that the maintenance and demolition of all interim facilities (public
facilities, utilities and improvements) is the Applicant's responsibility, and that
construction, maintenance and demolition bonds will be required to the satisfaction of the
City Engineer. (E~*gi,eering)
153. Within thirty (30) days of the City Council approval of these map conditions, or prior to
the submittal of the first map for the project, whichever occurs earlier, the Developer
shall submit a digital drawing file of the tentative map in its approved form. The drawing
projection shall be in California State Plane Coordinate System (NAD 83, Zone 6). The
digital file shall combine all map sheets into a single CADD drawing, in DXF, DWG or
AmView (GIS) format and shall contain the following individual layers:
a. Tentative Map Limits (closed polygons)
b. Lot Lines (closed polygons)
c. Street Centerlines (polylines)
d. Easements (polylines)
e. Street Names (annotation)
f. Lot Numbers (annotation)
The digital drawing file shall be submitted in accordance with the City Guidelines for
Digital Submittal on 3 V2" disks or CD, as an e-mail attachment to the City Engineer or as
otherwise approved by the City Engineer. (Engineering)
154. Submit copies of all subsequent tentative maps, final maps, grading and improvement
plans in a digital format. The drawing projection shall be in California State Plane
Coordinate System (NAD 83, Zone 6). The digital file of the maps shall combine all map
sheets into a single CADD drawing, in DXF, DWG or ArcView (GIS) format and shall
contain the following individual layers:
a Tentative and/or Final Map Boundaries (closed polygons)
b. Lot Lines (closed polygons)
c. Street Centerlines (polylines)
d. Easements (polylines)
e. Street Names (annotation)
f. Lot Numbers (annotation)
The tentative map, final map, grading plan and improvement plan digital files shall also
conform to the City of Chula Vista Subdivision Manual requirements therefore. The
digital drawing files shall be submitted in accordance with the City Guidelines for Digital
Submittal on 3 72" disks or CD, as an e-mail attachment to the City Engineer or as
otherwise approved by the City Engineer. (Engineering)
155. Tie the boundary of the subdivision to the California State Plane Coordinate System
(NAD 83, Zone 6). (Engineering)
156. Pursuant to the provisions of the Growth Management Ordinance (Section 19.09 of the
CVMC) and the Otay Ranch General Development Plan (GDP), and as they may be
amended from time to time, the Applicant shall complete the following: (1) Fund the
preparation of an annual report monitoring the development of the community of Otay
Ranch. The annual monitoring report will analyze the supply of, and demand for, public
facilities and services governed by the threshold standards. An annual review shall
commence following the first fiscal year in which residential occupancy occurs and is to
be completed during the second quarter of the following fiscal year. The annual report
shall adhere to those guidelines noted on page 353, Section D of the GDP/SRP; and (2)
Prepare a five year development phasing forecast identifying targeted submittal dates for
future discretionary applications (SPA's and tentative maps), projected construction
dates, corresponding public facility needs per the adopted threshold standards, and
identifying financing options lbr necessary facilities. (Engineering)
157. The owners of each Village shall be responsible for retaining a project manager to
coordinate the processing of discretionary permit applications originating from the private
sector and submitted to the City of Chula Vista. The project manager shall establish a
formal submittal package required of each developer to ensure a high standard of design
and to ensure consistency with standards and policies identified in the adopted SPA Plan.
The project manager shall have a well-rounded educational background and experience,
including but not limited to land use planning and architecture. (Planning and Buihting)
158. If developer desires to do certain work on the property after approval of the tentative map
but prior to recordation of the applicable final "B" Map, they may do so by obtaining the
required approvals and permits from the City. The permits can be approved or denied by
the City in accordance xvith the City's Municipal Code, regulations and policies. Said
permits do not constitute a guarantee that subsequent submittals (i.e., final "B" Map and
improvement plans) will be approved. Ail work performed by the developer prior to
approval of the applicable "B" Map shall be at the developers own risk. Prior to permit
issuance, the developer shall acknowledge in writing that subsequent submittals (i.e.,
final "B" Map and improvement plans) may require extensive changes, at developers
cost, to work done under such early permit. Prior to the issuance of a permit, the
developer shall post a bond or other security acceptable to the City in an amount
determined by the City to guarantee the rehabilitation of the land if the applicable final
"B" Map does not record. (Engineering)
PHASING
159. Phasing approved with the SPA Plan may be amended subject to approval by the Director
of Planning and Building and the City Engineer. The PFFP shall be revised where
necessary to reflect the revised phasing plan. (Planning and Building, Engineering)
160. If phasing is proposed within an individual map or through multiple final maps, the
developer shall submit and obtain approval for a development phasing plan by the City
Engineer and Director of Planning and Building prior to approval of any final map.
Improvements, facilities and dedications to be provided with each phase or unit of
development shall be as determined by the City Engineer and Director of Planning and
Building. The City reserves the right to require said improvements, facilities and/or
dedications as necessary to provide adequate circulation and to meet the requirements of
police and fire departments. The City Engineer and Director of Planning and Building
may, at their discretion, modify the sequence of improvement construction should
conditions change to warrant such a revision. The developer agrees that the City
Engineer may change the timing of construction of the public facilities. (Engineering)
161. The Public Facility Finance Plan or revisions thereto shall be adhered to for the SPA and
tentative maps with improvements installed by Applicant in accordance with said plan or
as required to meet threshold standards adopted by the City of Chula Vista. The PFFP
identifies a facility phasing plan based upon a set of assumptions concerning the location
and rate of development within and outside of the project area. Throughout the build-out
of Village Six SPA, actual development may differ from the assumptions contained in the
PFFP. Neither the PFFP nor any other Village Six SPA Plan document grant the
Applicant an entitlement to develop as assumed in the PFFP, or limit the Village Six
SPA's facility improvement requirements to those identified in the PFFP. Compliance
with the City of Chula Vista threshold standards, based on actual development patterns
and updated forecasts in reliance on changing entitlements and market conditions, shall
govern Village Six SPA development patterns and the facility improvement requirements
to serv'e such development. In addition, the sequence in which improvements are
constructed shall correspond to any transportation phasing plan or amendment to the
Growth Management Progran~ and Ordinance adopted by the City. The City Engineer
and Director of Planning and Building may, at their discretion, modify the sequence,
schedule, alignment and design of improvement construction should conditions change to
warrant such a revision. (Engineering)
162. Unless access, drainage and utilities are shown on the master Tentative Map to the
satisfaction of the City Engineer and the Director of Planning and Building, prior to
approval of any final map proposing the creation of multi-family housing for the Project,
including Neighborhood R-10 as a condominium project, community apartment project,
or stock cooperative, as defined in the applicable sections of the Government Code,
Developer shall agree to process, and thereafter process: a subsequent tentative map for
said proposed condominium, community apartment, or stock cooperative project in said
Planning Area pursuant to Section 66426 of the Subdivision Map Act. (Engineering,
Planning & Building)
CODE REQUIREMENTS
163. The Applicant shall comply with all applicable sections of the Chula Vista Municipal
Code. Preparation of the Final Map and all plans shall be in accordance with the
provisions of the Subdivision Map Act and the City of Chula Vista Subdivision
Ordinance and Subdivision Manual. Underground all utilities within the subdivision in
accordance ~vith Municipal Code requirements. (Engineering)
164. Pay the following fees in accordance with the City Code and Council Policy:
a. The Transportation and Public Facilities Devclopment Impact Fees.
a. Signal Participation Fees.
b. All applicable sewer fees, including but not limited to sewer connection fees.
c. Interim SR-125 impact fee.
d. Poggi Canyon Sewer Basin DIF.
Pay the amount of said fees in effect at the time of issuance of building permits.
(Engineering)
165. Comply with all relevant Federal, State, and Local regulations, including the Clean Water
Act. The developer shall be responsible for providing all required testing and
documentation to demonstrate said compliance as required by the City Engineer.
(Engineering)
166. Ensure that prospective purchasers sign a "Notice of Special Taxes and Assessments"
pursuant to Municipal Code Section 5.46.020 regarding projected taxes and assessments.
Submit the disclosure form for approval by the City Engineer prior to Final Map
approval. (Engineering)
167. The Applicant shall comply with Chapter 19.09 of the Chula Vista Municipal Code
(Growth Management) as may be amended from time to time by the City. Said chapter
includes but is not limited to: threshold standards (19.09.04), public facilities finance plan
implementation (19.09.090), and public facilities finance plan amendment procedures
(19.09.100). (Engineering)
168. Applicant shall provide on the Final Map and related plans east-west connections along
Park View Way (Street 'T') between Trail Wood Drive and Heather Wood Drive on the
north and south sides of Lot OS-21 with 20' wide, one-way drives. Traffic signs shall be
installed that direct traffic in a counter clock-wise direction around Lot OS-21 and
prohibiting parking along the 20' drives. The streets shall be constructed and all work
shall be done to the satisfaction of the City Engineer. (Engineering, Planning)
169. The access ramp-from Birch Road to CPF-2 shall serve only development on site CPF-2
unless a private high school is approved for the R-11/S-2 site, in which event the private
high school shall be provided access rights to use the access ramp as its primary point of
entry. In the event R-11/S-2 is developed under the residential alternative as described in
the Village Six SPA Plan, no access shall be permitted to Birch Road from R-11.
(Engineering, Planning, Building and Park Construction)
170. Applicant shall take all necessary steps to ensure that the CPF-2 and R-I 1/S-2 sites and
any adjoining open space lots have adequate erosion and dust control measures, such as
hydroseed, all to the satisl:action of the City Engineer. Applicant shall thereafter maintain
the measures until such time as the sites are developed. If the work cannot be completed
prior to expiration of the grading permit, the Applicant may request an extension, which
may be granted at the discretion of the City Engineer. Such a request shall be submitted
for approval in writing to the City Engineer sufficiently in advance of the end of the
expiration date to allow processing of the extension request. Applicant shall remain in
compliance with NPDES. (Engineering, Planning, Building and Park Construction)
171. Street parkways within the Project shall be maintained by an entity such as a Master
Home Owner's Association (MHOA) or a Community Facilities District (CFD); private
home owners shall not maintain the parkways. Street parkways shall be designated as
recycled ~vater use areas, if approved by the Otay Water District and San Diego County
Health.
172. Prior to Applicant constructing a solid masonry, view wall or like wall which will adjoin
an wall constructed by a different developer, a transition wall plan shall be submitted to
the City and is subject to the approval of the Director of Planning and Building.
Applicant shall work together with other developers of Village Six to the satisfaction of
the Director of Plamfing and Building in order to construct transitions between adjoining
walls.
Developer costs expended on properties or facilities that substantially support the
delivery of utilities services outside the Tentative Map area may be subject to
reimbursement to the proportionate extent of such extra-territorial services.
'[o ^rmando in Mayor's office
and Ci~ Cl~'k $1aff
Re: Placing Human Relations commission civic award promolion/presentntion on
Feb 26th 2002 council meeting agenda.
Dear Friends,
Yesterday our commission agreed it warned to go be~bre our city council to promote '~
new quarterly award called the 'Chula Vista CMc Award of Recognitio~'~ This award
wit1 in the thture be given out ~eor the purpose of recognizing individuals md
organizalion~ who d~dieato and contribute their time and/or resoarces to our commumty
and clty W'e are excited abou~ the award and ask tidal we be given 5 to 7 minutes to
introduce and promote it before the city coundl. We are hoping ~.hat you might be able to
put us on the age~da for this coming February 26th cky council meeting [81ea.~e call me al
the below number and let me know.
If you have any questions or would like to see a p~inted copy et' [he award's description
and purpose please feel free to contact oar secretary Jo¥ce Seuiark in the Police Dept
Thin, ks for your help.
Sincerely,
Virgil Pin~ (619) 427-~"~0
Chatl Chula Vista Human ~elations
Commiasion.
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