HomeMy WebLinkAbout2008/09/16 Agenda Packet
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OlY OF
CHUIA VISfA
Cheryl Cox, Mayor
Rudy Ramirez, Councilmember David R. Garcia, City Manager
John McCann, Council member Bart Miesfeld, Interim City Attorney
Jerry R. Rindone, Counciimember Donna Norris, Interim City Clerk
Steve Castaneda, Counciimember
September 16. 2008
6:00 P.M.
Council Chambers
City Hall
276 Fourth Avenue
CALL TO ORDER
ROLL CALL: Councilmembers Castaneda. McCann. Ramirez. Rindone. and Mayor Cox
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. INTRODUCTION BY INTERIM FIRE CHIEF GEERING OF EMPLOYEE OF THE
MONTH. JAMES "JIM" GARCIA. BATTALION CHIEF
. OATH OF OFFICE
Brandon Marvin to the Charter Review Commission
Ariana Perfecto to the Youth Action Council
CONSENT CALENDAR
(Items I through 4)
The Council will enact the Consent Calendar staff recommendations by one motion,
without discussion, unless a Councilmember. a member of the public, or staff requests
that an item be removedfor discussion. Jfyou 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
immediately following the Consent Calendar.
Page I - Council Agenda
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September 16, 2008
1. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FINAL "B" MAP OF CHULA VISTA TRACT NO. 06-05, OT A Y
RANCH VILLAGE TWO, NEIGHBORHOOD R-13; APPROVING THE
ASSOClA TED SUBDIVISION IMPROVEMENT AGREEMENT FOR THE
COMPLETION OF THE IMPROVEMENTS; AND APPROVING THE ASSOCIATED
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
On May 23, 2006, by Resolution No. 2006-157, Council approved the Tentative
Subdivision Map for Chula Vista Tract No. 06-05 for Otay Ranch Village Two and
Portions of Village Four (Tentative Map). Adoption of the resolution approves the Final
"B" Map for Chula Vista Tract No. 06-05, Otay Ranch Village Two, Neighborhood R-
13. (City Engineer/Engineering Director)
Staff recommendation: Council adopt the resolutions.
2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING BIDS AND AWARDING CONTRACT FOR THE "PAVEMENT
REHABILITATION PROGRAM, FISCAL YEAR 2006/2007, CHIP SEAL & SCRUB
SEAL IN THE CITY OF CHULA VISTA, CALIFORNIA (CIP NO. STL-340D)"
PROJECT TO WINDSOR FUEL CO., INC. IN THE AMOUNT OF $1,597,625.45,
WAIVING COUNCIL POLICY 574-01, AND AUTHORIZING THE EXPENDITURE
OF ALL A V AILABLE FUNDS IN THE PROJECT
On August 13, 2008, the Engineering Director received sealed bids for the project. The
work consists of the application of a chip seal, removal and replacement of damaged
asphalt concrete pavement, and the application of scrub seal on various pavement
locations in the City. Work for this project also includes striping, traffic control, and
other miscellaneous work, and all labor, material, equipment, and transportation
necessary for the project. (City Engineer/Engineering Director)
Staff recommendation: Council adopt the resolution.
3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING $59,740 OF UNANTICIPATED REVENUES FROM THE
CALIFORNIA DEPARTMENT OF CONSERVATION, DIVISION OF RECYCLING-
BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACTIVITIES
GRANT PROGRAM AND AMENDING THE WASTE MANAGEMENT AND
RECYCLING FUND (4/5THS VOTE REQUIRED)
The California Department of Conservation, Division of Recycling distributes $10.5
million for Fiscal Year 2008/2009 to eligible cities and counties, specifically for beverage
container recycling and litter reduction activities. The goal of the program is to reach and
maintain an 80 percent recycling rate for all California Redemption Value beverage
containers - aluminum, glass, plastic and bi-metal. Chula Vista has received $59,740 for
Fiscal year 2008/2009. (Public Works Director)
Staff recommendation: Council adopt the resolution.
Page 2 - Council Agenda
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September 16, 2008
4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
PURSUANT TO SECTION 147(F) OF THE INTERNAL REVENUE CODE
APPROVING THE CONVERSION OF TAXABLE BONDS ISSUED BY THE CITY
OF CHULA VISTA FOR TERESINA APARTMENTS TO TAX EXEMPT STATUS
AND APPROVING THE MATURITY DATE THEREOF
In 2006, multi-family revenue bonds were refunded utilizing a variable rate mode. Due
to tax law restrictions, the bonds could not be tax-exempt, but could be converted to tax-
exempt status at a particular date. The City is now proceeding with the conversion of
$37,940,000 City of Chula Vista variable Rate Demand Multifamily Housing Revenue
Refunding Bonds to tax-exempt. Adoption of the resolution approves the conversion.
(Redevelopment and Housing Assistant Director)
Staff recommendation: Council adopt the resolution.
ITEMS REMOVED FROM THE CONSENT CALENDAR
PUBLIC COMMENTS
Persons speaking during Public Comments 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 discussing or taking action on any issue not
included on the agenda, but. if appropriate. the Council may schedule the topic for future
discussion or refer the matter to staff Comments are limited to three minutes.
PUBLIC HEARINGS
The following item(s) have been advertised as public hearing(s) as required by law. If
you wish to speak on any item, pleasefill out a "Request to Speak" form (available in the
lobby) and submit it to the City Clerk prior to the meeting.
5. CONSIDERA TION OF AMENDING UTILITY UNDERGROUNDING DISTRICT NO.
133 ALONG FOURTH AVENUE FROM L STREET TO ORANGE AVENUE TO
INCLUDE FIVE ADDITIONAL PARCELS AND DELETE ONE PARCEL
The Utility Undergrounding District on Fourth Avenue from L Street to Orange Avenue
was originally established in 2001. During the final design and construction process, San
Diego Gas and Electric determined that it would be desirable to include five adjacent
parcels that were not included within the boundaries of the original district. Staff is
recommending the boundaries of the district be modified to include these additional
parcels. (City Engineer/Engineering Director)
Staff recommendation: Council conduct the public hearing and adopt the following
resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE BOUNDARIES OF UTILITY UNDERGROUNDING
DISTRICT NO. 133 ALONG FOURTH AVENUE FROM L STREET TO
ORANGE AVENUE TO INCLUDE PARCELS APN 618-400-11, 619-010-21,
618-190-44.619-211-21 AND 619-211-20 AND TO DELETE PARCEL APN
618-270-41
Page 3 - Council Agenda
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September] 6, 2008
ACTION ITEMS
The ltem(s) listed in this section of the agenda will be considered individually by the
Council. and are expected to elicit discussion and deliberation. 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.
6. CONSIDERATION OF PRESENTATIONS BY PROPONENTS AND OPPONENTS
REGARDING A NOVEMBER 2008 BALLOT INITIATIVE ENTITLED "THE PORT
OF SAN DIEGO MARINE FREIGHT PRESERVATION AND BAYFRONT
REDEVELOPMENT INITIATIVE"
Representatives of the proponents and opponents of the November 4, 2008 General
Election Ballot Initiative have been invited to present information on the initiative. Staff
has requested that the representatives limit any formal remarks and/or presentations to
approximately 10 minutes and that they be prepared to answer any questions the
Councilmember's may have regarding the initiative. (Economic Development Officer)
Staff recommendation: Council consider the presentations.
OTHER BUSINESS
7. CITY MANAGER'S REPORTS
8. MAYOR'S REPORTS
Consideration of ratification ofreappointments to the following boards and commissions:
. Board of Appeals and Advisors: Albert Sides
. Charter Review Commission: Bill Richter
. Child Care Commission: Mary Alim
. Civil Service Commission: Stacey Stevenson
. Commission on Aging: Mikki Zbikowski
. Cultural Arts Commission: Diannah Smith, Susan O'Shaughnessy
. Design Review Board: Enrique Martinez, Ricardo Balvaneda
. Growth Management Oversight Commission: David Krogh, Russ Hall (Central City
Rep.)
. Housing Advisory Commission: Earl Jentz (Ex-Officio), Margie Reese (Tenant
Rep.)
. Nature Center Board of Trustees: Susan Fuller, Floyd Wergeland
. Parks and Recreation Commission: Kathleen Cien-Mayer
. Planning Commission: Bryan Felber
. Safety Commission: Jesse Navarro
. Veterans Advisory Commission: Alfred Pellerin
9. COUNCIL COMMENTS
Page 4 - Council Agenda
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September 16, 2008
CLOSED SESSION
Announcements of actions taken in Closed Session shall be made available by noon on
Wednesday following the Council Meeting at the City Attorney's office in accordance
with the Ralph M Brown Act (Government Code 54957.7).
10. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE PURSUANT TO
GOVERNMENT CODE SECTION 54957
11. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)
Two cases
ADJOURNMENT to the Regular Meeting of September 23, 2008 at 6:00 p.m. in the Council
Chambers.
Materials provided to the City Council related to any open-session item on this agenda are
available for public review at the City Clerk's Office, located in City Hall at 276 Fourth Avenue,
Building 100, during normal business hours.
In compliance with the
AMERICANS WITH DISABILITIES ACT
The City of Chula Vista requests individuals who require special accommodations to access,
attend. and/or participate in a City meeting, activity, or service, contact the City Clerk's Office
at (619) 691-50415041 or Telecommunications Devicesfor the Deaf (TDD) at (619) 585-5655 at
least forty-eight hours in advance for meetings and five days for scheduled services and
activities. California Relay Service is also available for the hearing impaired.
Page 5 - Council Agenda
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September J 6,2008
CITY COUNCIL
AGENDA STATEMENT
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9/16/08, Item~
SUBMITTED BY:
REVIEWED BY:
RESOLUTION OF THE CITY COuNCIL OF THE CITY OF
CHULA VISTA APPROVING THE FINAL "B" MAP OF CHULA
VISTA TRACT NO. 06-05, OTAY R.A.J'I'CH VILLAGE TWO,
NEIGHBORHOOD R-13; APPROVING THE ASSOCL'\TED
SUBDIVISION IMPROVEMENT AGREEMENT FOR THE
COMPLETION OF THE IMPROVEMENTS; AND APPROVING
THE ASSOCIATED Sl.,t'PLENIENTAL SUBDIVISION
IMPROVEMENT AGREEMENT/
DIRECTOR OF ENG~f\RIN(3P
CITY MA.i\lAGER l~
ASSISTANT CITY lAGER "7 r
4/5THS VOTE: YES 0 NO ~
ITEM TITLE:
SUMMARY
On May 23, 2006, by Resolution No. 2006-157, Council approved the Tentative Subdivision
Map for Chula Vista Tract No. 06-05 for Otay Ranch Village Two and Portions of Village Four
("Tentative Map"). Tonight, Council will consider the approval of the Final "B" Map for Chula
Vista Tract No. 06-05, Otay Ranch Village Two, Neighborhood R-13.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed project for compliance with
the California Environmental Quality Act (CEQA) and has determined that the proposed project
was adequately covered in previously adopted Second-Tier Environmental Impact Report (EIR
02-02) for the Otay Ranch Village Two, Three and Portions of Village Four. Thus, no further
environmental review or documentation is necessary.
RECOMMENDATION
Council adopt the resolution.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
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9/16/08, Item-1-
Page 2 of 3
DISCUSSION
The area is generally located at the southeast comer of the intersection of Santa Victoria Road
and Santa Venetia Street within the area of Otay Ranch Village 2. The "B" map for
Neighborhood R-13, consists of one numbered lot with maximum of 137 residential
condominium units, totaling a gross area of 10.387 acres (see Exhibit 1).
The final map has been reviewed by the Engineering Department and found to be in substantial
conformance with the approved Tentative Map. Approval of this map constitutes acceptance by
the City of the sewer easement. Otay Ranch II-PC-13, LLC, as subsequent and current owners
of the Otay Ranch Village Two, Neighborhood R-13 has executed the appropriate Subdivision
Improvement Agreement, providing bonds to secure the construction of onsite facilities within
the subdivision and the Supplemental Subdivision Improvement Agreement, which addresses
several outstanding conditions of approval of the Tentative Map that will remain in effect and
run with the land for the map.
Affordable housing
Condition of Approval No. 151 for the Otay Ranch Village Two, Three and a portion of Four
Tentative Subdivision Map, Chula Vista Tract 06-05 ("Village 2"), requires that the Developer enter
into an Affordable Housing Agreement ("Agreement") with the City of Chula Vista prior to
approval of Developers' first Final "B" Map for Village 2. The Agreement shall be in accordance
with the Chula Vista Housing Element, the Ranch Wide Affordable Housing Plan and the Village 2
Affordable Housing Plan.
The Developer and City staff are working on finalizing the ~greement which will specify a program
to provide approximately 139 units of affordable to low income households and 139 units of
affordable to moderate income households within Village 2.
Staff is recommending that Condition No. 151 of the Supplemental Subdivision Improvement
Agreements for Otay Ranch Village Two Neighborhood R-13, which requires execution of the
Affordable Housing Agreement prior to the first Final "B" Map, be modified. The modified
condition will allow the Final B Maps for Otay Ranch Village Two Neighborhood R-13 to move
forward at this time without entering into the Agreement.
To ensure execution of the Agreement to provide affordable housing opportunities within Village
2, the City proposes modifying Condition No. 151 to require all property owners within Village
2 to execute the Agreement prior to issuance of the 126th production building permit for Village
2, including Otay Ranch Village Two Neighborhood R-13. The Agreement shall stipulate that
all property owners acknowledge the requirement to provide that 50% of the total number of
qualified low income and moderate housing units shall be constructed prior to the issuance of the
1,393 production building permit for Village 2.
Parks Obligation
The Developer has paid all Park Acquisition and Development (PAD) fees associated with the
Otay Ranch Village Two neighborhood R-13 "B" Map.
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9/16/08, Item--L...
Page 3 of 3
DECISION I.\IAKER CONFLICT
Staffhas reviewed the property holdings of the City Council and has found no property holdings
within 500 feet of the boundaries of the property which is the subject of this action.
FISCAL IMPACT
None to the City. The Developer has paid all costs associated with the proposed Final Map and
agreements.
ATTACHMENTS
Attachment 1: Plat ofOtay Ranch Village Two Neighborhood R-13
Attachment 2: Developer's Disclosure Statement
Exhibit A: Subdivision Improvement Agreement
Exhibit B: Supplemental Subdivision Improvement Agreement
Prepared by: Chester Bautista, Associate Civil Engineer, Engineering Department
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1764 San Diego Avenue, Suite 200
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Tel: 519.641.5900 Fax:619.641.S910
CHULA VISTA TRACT" NO. 06-OS
OrAY RANCH VILLAGE 2 AND PORTIONS
OF VILLAGE 4. NEIGHBORHOOD R-l J
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ATT,~CHMENT
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Disclosure Statement
Pursuant to Council Policy 101-01, pnor to any action upon matters that 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 contnbutions for a City of Chula Vista election must be filed. The following information
must be disclosed:
1. List the names of all persons having a financial interest in the property that is the subject of the application or the
contract, e.g., owner, applicant, contractor, subcontractor, matenal supplier.
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2. If any person' identified pursuant to (1) above is a corporation or partnership, list the names of all individuals wtth
a $2000 investment in the business (corporation/partnership) entity.
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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.
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4.
Please identify every person, including any agents, employees,consuttants, or independent contractors you have
assigned to represent you before the City in this matter. '
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5.
Has any person' associated with this contract had any financial dealings ~ an official- of the Cily of Chula
Vista as it relates to this contract within the past 12 months. Yes_ No .
If Yes, bnefiy descnbe the nature of the financial interest the official- may have In this contract.
6. Have you made a contnbution of more than $250 within the past twelve (12) months to a current member of the
Chula Vista City Council? No .!L:Yes _If yes, which Council member?
1-5
7. Have you provided more than $340 (or an item oi equivalent value) to an officlal- oi the City oi Chula Vista in the
past twelve (12) mgplhs? (This includes being a source oi income, money to retire a legal debt, gift, loan, etc.)
Yes_ No~
Ii Yes, which official- and what was the nature oi ~emprovided?
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Signature oi Contracfor/Applicant
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Print or type name oi Contractor/Applicant
Date:
Person is defined as: any individual, firm, 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, Chula Vista Redevelopment Corporation member,
Planning Commissioner, member oi a board, commission, or committee oithe City, employee, or staff members.
September 8, 2006
1-6
RESOLUTION NO. 2008-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE FINAL "B" MAP OF
CHULA VISTA TRACT NO. 06-05, OTAY Rl-\NCH
VILLAGE TWO, NEIGHBORHOOD R-13; APPROVING
THE ASSOCIATED SUBDIVISION IMPROVEMENT
AGREEMENT FOR THE COMPLETION OF THE
IMPROVEMENTS; AND APPROVING THE ASSOCIATED
SUPPLEMENT AL SUBDIVISION IMPROVEMENT
AGREEMENT
WHEREAS, the developer, Otay Ranch Village II-PC-13, LLC a Delaware Limited
Liability Company has submitted a final map for Otay Ranch Village 2, Neighborhood R-13 of a
one lot subdivision with a maximum of 137 residential condominium units; and
WHEREAS, the developer has executed a Subdivision Improvement Agreement to install
public facilities associated with the project; and
WHEREAS, the developer has executed a Supplemental Subdivision Improvement
Agreement to satisfY remaining conditions of the Tentative Map for Chula Vista Tract No. 06-
05; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed project
for compliance with the California Environmental Quality Act (CEQA) and has determined that
the proposed project was adequately covered in previously adopted Second-Tier Environmental
Impact Report (EIR 02-02) for the Otay Ranch Village Two, Three and Portions of Village Four.
Thus, no further environmental review or documentation is necessary.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista hereby fmds that that certain map survey entitled Chula Vista Tract No. 06-05, Otay Ranch
Village Two and Portions of Village 4 '"A" Map, particularly described as follows:
Being a subdivision of lot 2 of Chula Vista Tract No. 06-05, Otay Ranch Village
2 and Portions of Village 4 "A" Map, in the City Of Chula Vista, County of San
Diego, State of California, according to Map thereof No. 15350, filed in the office
of the County Recorder of San Diego County on May 26, 2006.
Area: 10.387 Acres
Numbered Lots: 1
No. of Lots: 1
Lettered Lots: 0
is made in the manner and form prescribed by law and conforms to the surrounding surveys; and
that said map and subdivision ofland shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City of
Chula Vista the various easements, all as granted on said map within this subdivision, subject to
the conditions set forth thereon.
1-7
BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement 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 that certain Supplemental Subdivision Improvement
Agreement for addressing on-going conditions of approval that will remain in effect and run with
the land for the map, a copy of which is on file in the Office of the City Clerk is hereby
approved.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to transmit said
map to the Clerk of the Board of Supervisors of the County of San Diego.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and directed to execute the subject Subdivision Improvement Agreement and
Supplemental Subdivision Improvement Agreement for and on behalf of the City of Chula Vista.
Presented by
Approved as to form by
R. A. Hopkins
Director of Engineering
1-8
2
THE ATTACHED AGREENffiNT HAS BEEN REVIE\VED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIL
Dated: f:- r-~
Subdivision Improvement Agreement between the City ofChula Vista and
Otay Ranch Village II-PC-13, LLC for
2445 Fenton Street, Chula Vista, California
1-9
Recording Requested by:
CITY CLERK
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
No transfer tax is due as this is a conveyance
to a public agency of less than a fee interest
for which no cash consideration has been paid or
received.
Declarant
Of- 8/5F
SUJlDMSION IJ.'\IlJ'ROVEMENT AGREEIVlENT
THIS AGREENlENT, made and entered into this day of .2008, by and
between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City",
Otay Ranch Village II-PC-13, LLC, 2445 Fenton Street, Chula Vista, CA, hereinafter called
"Subdivider" with reference to the facts set forth below, which Recitals constitute a part of thIs
Agreement;
RECITALS:
W11EREAS, Subdivider is about to present to the City Council of the City ofChula Vista
for approval and recordation, a fmal subdivision map of a proposed subdivision, to be kno,^,TI as
Otay Ranch Village Two NeighbornoodR-13 (CVT 06-05) pursuant to the provisions of the
Subdivision Map Act of the State ofCalifomia, and in compliance wit.'1 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 fmally approved by the Council of
the City of Chula Vista, Subdivider must have either installed and completed all of the
improvements and/or land development work required by the Code to be installed in
subdivisions before fmal maps of subdivisions are approved by the Council for purpose of
recording in the Office of the County Recorder of San Diego County, or, as an alternative
thereto, Subdivider shall enter into an agreement with City, secured by an approved
improvement security to insure the performance of said work pursuant to the requirements of
Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at
Subdivider's own expense, all of the improvements and/or land development work required in
said subdivision within a defmite period of time prescribed by said Council; and
W11EREAS, 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
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install and complete, at Subdividers own expense, all the improvement work required by City in
connection with the proposed subdivision and will deliver to City improvement securities as
approved by the City Attorney; and
WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to
certain requirements and conditions, as contained in Resolution No. 2006-157, approved on the
23rd day of May, 2006 ("Tentative Map Resolution"); and
WHEREAS, complete plans and specifications for the construction, installation and
completion of said improvement work have been prepared and submitted to the City Engineer, as
shown on Drawing Set 07057 inclusive on file in the office of the City Engineer; and
WHEREAS, an estimate of the cost of constructing said improvements according to said
plans and specitlcations has been submitted and approved by the City in the amount of Four
Hundred thirty two thousand one hundred fifty one dollars and no cents ($481,448.00).
NOW, THEREFORE, IT IS tvruTUALL Y ~DERSTOOD AND AGREED AS
FOLLOWS:
I. 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 g~od and workmanlike manner, under
the direction and to the satisfaction and approval of the City Engineer, all of the improvement
andlor 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 therefore, all in strict conformity and in accordance with the plans and
specit1cations, 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.
? 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
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certificate shall not be issued until the City Engineer has certified in writing the completion of
said improvements or the portion thereof serving said building or structures approved by tl-te
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 FOUR
HUNDRED EIGHTY ONE THOUSAl'ID FOUR HUNDRED FORTY EIGHT DOLLARS
($481,448.00), which security shall guarantee the faithful performance of this contract by
Subdivider and is attached hereto, marked Exhibit "A" and made a Dart hereof.
7. Subdivider further agrees to furnish and deliver to the City of Chula Vista,
simultaneously with the execution of this agreement, an approved improvement security from a
sufficient surety, whose sufficiency has been approved by the City in the sum FOUR
HUNDRED EIGHTY ONE THOUSM'D FOUR HUNDRED FORTY EIGHT DOLLARS
($481,448.00) to secure the payment of material and labor in connection with the installation of
said improvements, which security is attached hereto, marked Exhibit "B" and made a part
hereof and the bond amounts as contained in Exhibit "B", ~nd 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 THREE
THOUSMTI TWO HUl'iDRED DOLLARS AND NO CENTS ($3,200.00) to secure the
installation of monuments, which security is attached hereto, marked Exhibit "e" and made a
part hereof.
9. [t is f~rther 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 certitication 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 bet\veen
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
,
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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 therefore,
except to the limits established by the approved improvement security in accordance with the
requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista
Municipal Code.
11. It is further understood and agreed by Subdivider that any engineering costs
(including plan checking, inspection, materials furnished and other incidental expenses) incurred
by City in connection with the approval of the Improvement Work plans and installation of
Improvement Work hereinabove provided for, and the cost of street signs and street trees as
required by City and approved by the City Engineer shall be paid by Subdivider, and that
Subdivider shall deposit, prior to recordation of the Final YIap, 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
improvements for a period of one year from date of fmal acceptance and correct any and all
defects or detlciencies 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 improvements
constructed pursuant to this agreement; provided, how~ver, 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 improvements as provided herein. It shall also extend to damages resulting
from diversion of waters, change in the volume of flow, modification of the velocity of the
water, erosion or siltation, or the modification of the point of discharge as the result of the
construction and maintenance of drainage systems. The approval of plans providing for any or
all of these conditions shall not constitute the assumption by City of any responsibility for such
damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of
the subdivision pursuant to said approved improvement plans. The provisions of this paragraph
shall become effective upon the execution of this agreement and shall remain in full force and
effect for ten (10) years following the acceptance by the City of the improvements.
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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 hislher sole discretion determines that such an assignment will not adversely affect
the City's interest. The City Manager in hlslher sole discretion may, if such assignment is
requested, permit a substitution of securities by the successor in interest in place and stead of the
original securities described herein so long as such substituted securities meet the criteria for
security as set forth elsewhere in this Agreement. Such assignment will be in a form approved
by the City Attorney.
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SIGNATURE PAGE ONE OF TWO
SUBDMSION IMPROVEMENT AGREEMENT
OTA Y RANCH VILLAGE TWO NEIGHBORHOOD R-13
(CVT 06-05)
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
Cheryl Cox,
Mayor of the City ofChuia Vista
ATTEST:
Donna Norris
Interim City Clerk
Approved as to form by
Bart C. Meisfield
Interim City Attorney
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SIGNATVRE PAGE TWO OF TWO
SUBDIVISION IlYlPROVElVlENT AGREElVlENT
OTA Y RAi'fCH VILLAGE TWO NEIGHBORHOOD R-13
(CVT 06-05)
OTA Y RANCH VILLAGE II-PC-13, LLC, A California limited Liability Company,
By:J~.V' ~-~~
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Title:
(Attach Notary Acknowledgment)
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1-16
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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State of California
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who proved to me on the basis of satisfactory evidence to
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within instrument and acknowledged to me that
he/~y executed the same in his/RerAReir authorized
capacity(iesj, and that by his/hel,~1 ,dr signature(iS') on the
instrument the personi,s), or the entity upon behalf of
which the personl)l) acted, executed the instrument.
i certify under PENALTY OF PERJURY under the laws
of the State of Cailfor~ia that the foregoing paragraph is
true and correct.
Place Notary Seal Above
WITNESS my hand and official seal.
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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 reattaci1ment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
[J Individual
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RIGHTTHUII.1BPRINT
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1-17
LIST OF EXHIBITS
Exhibit "A"
Improvement Security. Faithful Performance
Form: Bond
Amount:
$481,448.00
Exhibit "B"
Improvement Security. Material and Labor:
Form: Bond
Amount:
$481,448.00
E;u'1ibit "C"
Improvement Security. Monuments:
Form: Bond
Amount:
$3,200.00
Securities approved as to form' and amount by
City Attorney
Improvement Completion Date: Two (2) years from date of City Council approval of the
Subdivision Improvement Agreement.
J:\EngineerlLAi.'lDDE\l\Projects\Otay Ranch Village2\OR315F OR Vlllage 2 R.t3\SIA..doc
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THE A TT ACHED AGREEMENT HAS BEEN REVIEvvcD
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIL
Dated:
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Supplemental Subdivision Improvement Agreement between
the City of Chula Vista and
Otay Ranch Village II-PC-l:3, LLC for
Chula Vista Tract No. 06-05 Otay Ranch Village Two Neighborhood R-l3
1-19
RECORD~-G REQIJEST BY:
W1JEN RECORDED YLAJ1 TO:
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City Clerk
CITY OF CHULA VISTA
276 Fourth Avenue
ChuJa Visra, CA 91910
:'-10 transfer tax is due as this is a
conveyance to a public agency of
less than a fee interest for which
no cash consideration has been paid
or received.
Developer
Above Space for Recorder's Use
OR-815F
SUPPLEMENTAL SUBDNISION IMPROVEMENT AGREElVIENT
FOR THE CHULA VISTA TRACT NO. 06-05 OT A Y RA1'lCH
VILLAGE TWO NEIGHBORHOOD R-13
(Conditions: 1-5,7-13, 17,20,24-27,29-33, 35,36,37,40,41,44,
46-51,53- 59, 61, 62, 63, 64,67,68,69,70,72,77-80,83,84,88,
89,92,93,97,98, 102, 103, 105, 106, 1 n, 115, 118, 120, 121,
123,124,125,128,135,143,144,145,147,148,149,151,152,
153-157, 161, 162, 163, and 165-169 of Resolution No. 2006-157)
This Supplemental Subdivision Improvement Agreement ("Agreement") is made this day
of , 2008, by and between THE CITY OF CHULA VISTA, California ("City" or
"Grantee" for recording purposes only) and the signators of this Agreement, Otay Ranch Village
IT-PC-13, LLC, (referred to as "Developer"), with reference to the facts set forth below, which
recitals constitute a part of this Agreement:
RECITALS
A. This Agreement concerns and affects certain real property located in Chula Vista, California,
more particularly described on Exhibit "A" attached hereto and incorporated herein ("Property").
The Property is part of Otay Ranch Village 2, a master planned development. For purposes of
this Agreement the term "project" shall also mean "Property". Developer has applied for a fmal
map for the Property, more specifically known as Otay Ranch Village Two Neighborhood R-l3.
J:IEngineer\LanddevIPrajects\Otay Ranch Village 21,OR81jF OR Village 2 R-13\SSlA R~13.doc
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B. Developer and/or Developer's predecessor in interest has applied for and the City has
approved Tentative Subdivision Map commonly referred to as Chula Vista Tract 06-05
("Tentative Subdivision Map") for the subdivision of the Property.
D. The City has adopted Resolution No. 2006-157 ("Reso[ution") on May 23, 2006,
pursuant to which it has approved a Tentative Subdivision i\1ap subject to certain conditions as
more particularly described in the Reso[ution.
E. Developer has requested the approval of a "B" Map for the Project ("Final Map").
Certain conditions of approval of the Tentative Subdivision Map requires Developer to enter into
an agreement with the City prior to approval of the Final Map for the Project.
F. City is willing, on the premises, security, terms and conditions herein contained to
approve the fmal map of the property known as Otay Ranch Village Two Neighborhood R- [3
("Final Map") as being in substantial conformance with the Tentative Subdivision Map described
in this Agreement. Developer understands that subsequent fmal maps may be subject to the
same security, terms and conditions contained herein.
G. The following defined terms shall have the meaning set forth herein, unless otherwise
specifically indicated:
1. For the purposes of this Agreement, "Final Map" means the final map for
Otay Ranch Village Two Neighborhood R- [3.
? "Owner or Deve[oper" means the person, persons or entity having a legal
or an equitable interest in the property or parts thereof and includes Owner's successors-
in-interest and assignors of any property within the' boundaries of the map. This includes
Otay Ranch Village II-PC-13, LLC, and any and all owners of real property within the
boundaries of the Property, and all signatories to this Agreement.
3. "Guest Builder" means those entities obtaining any interest in the Property
or a portion of the Property, after the Final Map has been recorded.
4. "PHP" means the Otay Ranch Village Two, Three and Portions of Village
Four SPA Plan Public Facilities Finance Plan adopted by Resolution No. 2006-[56 as
may be amended from time to time.
5. "RlvlP 2" means the Otay Ranch Resource Management Plan, Phase 2,
approved by the City Council on June 4, 1996, as may be amended from time to time.
6. "Preserve/Owner Manager" is the entity or entities defmed by the RJ,;lP 2
with the duties and responsibilities described therein.
J:\EngineerILanddev\Projects\Otay Ranch Village 2',OR815F OR Village 2 R-13\SSL4. R-l 3.dac
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7. "Village Two, Three and portion of Four SPA" means the Village Two,
Tnree and portion of Four Sectional Planning Area Plan as adopted by the City Council
on May 23,2006 pursuant to Resolution No. 2006-156.
8. "Addendum" means
Environmental Impact Report 02-02
pursuant to Resolution No. 2006-155.
the Addendum to the Final Second-Tier
as adopted by City Council on May 23, 2006
NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein
contained, the parties agree as set forth below.
1. Performance Obligation. Otay Ranch Village II-PC-l3, LLC, signator to this
Agreement, represents to the City that they are acting as the master developer for this Project and
expressly assumes performance of all obligations of this Agreement. Notwithstanding the
foregoing, all parties to this agreement acknowledge and agree that all such obligations remain a
covenant running with the land as set forth more particularly in paragraph 2 below. The City in
its discretion will make a good faith effort to execute on bonds securing the obligations
contained herein to the extent necessary to complete any unfulfilled obligations of the master
developer.
2. Agreement Applicable to Subsequent Owners.
a. Agreement Binding Upon Successors. This Agreement shall be binding
upon and inure to the benefit of the successors, assigns and interests of the parties as to
any or all of the Property until released by the mutual consent of the parties.
,
b. Agreement Runs with the Land. The burden of the covenants contained in
this Agreement ("Burden") is for the benefit of the Property and the City, its successors
and assigns and any successor in interest thereto. City is deemed the beneficiaty of such
covenants for and in its own right and for the purposes of protecting the interest of the
community and other parties public or private, in whose favor and for whose benefit of
such covenants running with the land have been provided without regard to whether City
has been, remained or are owners of any particular land or interest therein. If such
covenants are breached, the City shall have the right to exercise all rights and remedies
and to maintain any actions or suits at law or in equity or other proper proceedings to
enforce the curing of such breach to which it or any other beneficiaries of this Agreement
and the covenants may be entitled.
c. Developer Release on Guest Builder Assignments. If Developer assigns
any portion of the Project to a guest builder, Developer may request to be released from
Developer's obligations under this Agreement, that are expressly assumed by the guest
builder. Developer must obtain the 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 v,ith the land. The City shall
i."'iEngineerl,LanddevIProject.s\Otay Ranch VlIlage 2',OR815F OR Village 2 R-13\SSlA R-13.doc
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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 sole discretion of the
City, jeopardize the likelihood that the remainder of the Burden will not be completed.
e. Release of Individual Lots. Upon the occurrence of any of the following
events, Developer shall, upon receipt of the prior written consent of the City Manager (or
Manager's designee), have the right to release any lot(s) from Developer's obligation
under this Agreement:
t. The execution of a purchase agreement for the sale of a residential lot to a
buyer of an individual housing unit;
ii. The conveyance of a lot to a Homeowner's Association.
The City shall not withhold its consent to such release so long as the City finds in good faith that
such release will not jeopardize the City's assurance that the obligations set forth in this
Agreement will be performed. At the request of the Develbper, the City Manager (or Manager's
designee) shall execute an instrument drafted by Developer in a recordable form acceptable to
the City Manager (or Manager's designee), which confirms the release of such lot or parcel from
the encumbrance of this Agreement.
Notwithstanding the foregoing, i) at the close of an individual homeowner's escrow, or ii)
conveyance to a homeowner's association of any lot or parcel encumbered by this Agreement,
such lot or parcel shall be automatically released from the encumbrance hereof.
3. Condition No.1 - (General Preliminary) In satisfaction of Condition No. I of
the Resolution, Developer hereby agrees that 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.
4. Condition No.2 - (General Preliminary) In satisfaction of Condition No.2 of
the Resolution, Developer hereby agrees to 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 I and Phase 2; Ranch Wide Affordable Housing Plan;
J:\EngineerILanddevIProjects\Otay Ranch Village 2\OR81JF OR Village 2 R-13\SSU R~l3.doc
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Otay Ranch Overall Design Plan; Village Two, Tnree and a Portion of Four Sectional Planning
Area (SPA) and Tentative Maps (TMs) Final Second-Tier Environmental Impact Report (Final
EIR 02-02 ) and associated Mitigation Monitoring and Reporting Program (MMRP); Otay Ranch
Village Two, Three and a Portion of Four Sectional Planning Area (SPA) Plan and supporting
documents including: Public Facilities Finance Plan (PFFP); Parks, Recreation, Open Space and
Trails Plan; SPA Affordable Housing Plan, Air Quality Improvement Plan (AQIP), Water
Conservation Plan (WCP); 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. Developer further agrees that 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.
5. Condition No.3 - (General Preliminary) ill satisfaction of Condition No.3 of
the Resolution, Developer hereby 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. Developer
acknowledges that Developer 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)
.
6. Condition No.4- (General Preliminary) In satisfaction of Condition No.4 of
the Resolution, Developer hereby agrees to indemnify, protect, defend and hold the City
harmless from and against any and all claims, liabilities and costs, including attorney's fees,
arising from challenges to the Village Two, Three and a Portion of Four SPA, Tentative Maps,
and Second Tier EIR (EIR 02-02) and subsequent environmental review for the Project and any
or all entitlements and approvals issued by the City in connection with the Project.
7. Condition No.5. (General Preliminary) In satisfaction of Condition No.5 of
the Resolution, Developer hereby agrees to "Comply with all applicable Village Two, Three and a
Portion of Four SPA conditions of approval, as may be amended from time to time.
8. Condition No.7 - (General Preliminary) In satisfaction of Condition No.7 of
the Resolution, Developer hereby agrees that any and all agreements that the Developer is
required to enter in hereunder shall be in a form approved by the City Attorney.
9. Condition No.8 - {General Preliminary) ill satisfaction of Condition No.8 of the
Resolution, Developer hereby acknowledges that a reserve fund program has been established by
Resolution No. 18288 for the funding of the Fiscal Impact of New Development (FfrJlJ) Model
for the Otay Ranch Project. Developer agrees to provide funds to the Reserve Fund as required
J:\Engineer\Landdev\Projects\Otay Ranch Village 2\0R815F OR Village 2 R~ 13\SSLA. R.13 .doc
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by the Reserve Fund Program. Pursuant to the provisions of the Growth Management Ordinance
and the Otay Ranch General Development Plan (GDP), the Developer agrees to participate in the
funding of the preparation of an annual report monitoring the development of the community of
Otay Ranch. Developer further agrees that the annual monitoring report will analyze the supply
of, and demand for, public facilities and services governed by the threshold standards and that an
annual review shall commence fo llowing the flrst fucal year in which residential occupancy
occurs in the Project and is to be completed during the second quarter of the following fiscal
year. Developer further agrees that the annual report shall adhere to the GDP/SR.?, as amended
from time-to-time.
10. Condition No.9 (General Preliminary) In satisfaction of (:ondition No.9 of the
Resolution, Developer hereby agrees that in accordance with the mitigation measure of the Final
EIR 02-02 and associated MMRP, no units within the project area shall be constructed which
would result in the total number of units within the Eastern Territories exceeding 8,999 units,
prior to the construction of SR-125 between SR-54 and the International Border. Developer
further agrees that notwithstanding the foregoing, the (:ity may issue additional building permits
if the (:ity (:ouncil, in its sole discretion, determines that each of the following conditions have
been met: (1) SR-125 is constructed and open between SR-54 and Olympic Parkway; and (2)
traffic studies, prepared to the satisfaction of the (:ity Engineer and the (:ity (:ouncil,
demonstrate that the opening of SR-125 to Olympic Park\xlay provides additional capacity to
mitigate the project's cumulative significant traffic impacts to a level below signiflcance without
exceeding GMO(: traffic threshold standards. Developer further agrees that alternatively, the
(:ity may issue building permits if the (:ity Council, in its sole discretion, has approved an
alternative method to implement the City's Growth Management Ordinance, as may be amended
from time to time. '
n. Condition No. 10 - (General Preliminary) In satisfaction of Condition No.1 0 of
the Resolution, Developer hereby agrees to 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 & Building.
12. Condition No. 11 - (Environmental) In satisfaction of Condition No. II of the
Resolution, Developer hereby agrees to implement, to the satisfaction of the Director of Planning
& Building and Environmental Review Coordinator, all environmental impact mitigation
measures identifled in Final EIR 02-02 (SCH# 2003091012), the candidate (:EQA Findings and
IYIJIvlRP for this Project.
13. Condition No. 12 - (Environmental) In satisfaction of Condition No. 12 of the
Resolution, Developer hereby agrees to comply with all applicable requirements of the
California Department ofFish 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. Developer
further agrees that prior to any activity that may potentially impact biological resources, such as
I:\Engineer\LanddevIProjects\Otay Ranch Village 2\OR315F OR Village 2 R-ll\SSlA R.ll.doc
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clearing and grubbing, the Developer shall comply with all applicable requirements prescribed in
Final Ern. 02-02 (SCH# 2003091012) and M1'lRP.
14. Condition No. 13 - (Take Permit) In satisfaction of Condition No. 13 of the
Resolution, Developer hereby agrees to 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 ofChula Vista MSCP Subarea Plan, if applicable to the Project.
15. Condition N<l. 17 - (preserve Owner Manager) In satisfaction of Condition No.
17 of the Resolution, Developer hereby agrees to 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. 'VVhere an easement is conveyed, the Developer agrees to provide
subordination of any prior lien holders in order to ensure that the POM has a tirst priority interest
in such land. Where consent and subordination cannot be obtained, the Developer shall convey
fee title. Where fee title or an easement is conveyed, access to the satisfaction of the POM shall
also be conveyed. 'VVhere an easement is granted, each Final Map is subject to a condition that
fee title shall be granted upon demand by the POM. The developer further agrees to maintain and
manage the offered conveyance property consistent with Phase 1 and 2 RMP guidelines until
such time when the POM has accepted the conveyance property.
16. Condition No. 20 - (Noise Barrier) In satisfaction of Condition No. 20 of the
Resolution, Developer hereby agrees that prior to approv~l of building permit for single-family
areas where second floor exterior noise levels exceed 65 'CNEL, an acoustical analysis shall be
performed ensuring that interior noise levels due to exterior sources will be at or below 45
CNEL.
17. Condition No. 24 - (Multi-Family) In satisfaction of Condition No. 24 of the
Resolution, Developer hereby agrees that any 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.
18. Condition No. 25 - (Oversizing) In satisfaction of Condition No. 25 of the
Resolution, Developer hereby agrees that in the event of a 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).
19. Condition No. 26 - (Joint Use Agreement) In satisfaction of Condition No. 26 of
the Resolution, Developer hereby agrees to enter into a Joint Use Agreement with the City of
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Chula Vista, and City of San Diego in a form acceptable to the City Attorney for all public
facilities crossing City of San Diego fee title land and/or easements prior to the issuance of the
588th Building Permit for the Project. Said Agreement shall be approved by the City Engineer
as to content and the City Attorney as to form prior to execution. Furthermore the Developer
agrees to be responsible for any payment to City of San Diego for any Right-of. W ay crossing the
City of San Diego land and easements.
20. Condition No. 27 . (Joint Use Agreement) In satisfaction of Condition No. 27 of
the Resolution, Developer hereby agrees to provide an executed Joint Use Agreement prior to
the issuance of the 588th Building Permit or prior to the issuance of the grading permit that
includes areas where City right-of.way or City facilities cross existing fee title land and/or
easements owned by the City of San Diego which ever occurs fIrst. Work proposed within
another agency's easement and/or fee title land will require the authorized representative of the
agencies signature on the applicable plans prior to permit issuance (i.e., Landscape and
Irrigation, Grading and or Improvement Plans).
21. Conditions Nos. 29 & 30 - (Signage) In partial satisfaction of Conditions Nos. 29
& 30 of the Resolution, Developer hereby agrees to the following:
a) Prior to issuance of the fIrst building permit for the Project, Developer shall
submit for review and approval a sign program to the Director of Planning & Building.
b) Prior to issuance of the fIrst building permit for the Project, Developer shall
post temporary signs on all neighborhoods within the Project indicating the future land
use(s) for said sites with signage consistent with th~ sign program. Temporary signs shall
be maintained in place until such time as a projed: is approved for any such future land
use site.
22. Condition No. 31 - (Slopes) In partial satisfaction of Condition No. 31 of the
Resolution, Developer hereby agrees to that in addition to the requirements outlined in the City
of Chula Vista Landscape Manual. privately maintained slopes in excess of 25 feet in height
shall be landscaped and irrigated to soften their appearance as follows: one 5-gallon or larger
size tree per each 1,500 square feet of slope area, one I-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 subject to the requirements of the
[applicable] Fire Protection Plan.
23. Condition No. 32 - (Parkways) In satisfaction of Condition No. 32 of the
Resolution, Developer hereby agrees to that street parkways shall be no less than 7.5 feet in
width for the planting area, except as approved by the City Engineer and Director of Public
Works. The Developer shall plant trees within said park;vays which have been selected from the
list of appropriate tree species described in the Village Two, Three and a Portion of Four Design
Plan, Village Two, Three and a Portion of Four SPA Plan and Landscape Master Plan and shall
be approved by the Directors of Planning & Building, General Services and Public Works. The
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Developer shall provide root barriers and deep watering irrigation systems for the trees, as
approved by the Director of General Services and the Director of Public Works.
24. Condition No. 33 - (Street Trees) In satisfaction of Condition No. 33 of the
Resolution, Developer hereby agrees:
a) That a Preliminary Street Tree Improvement Plan shall be submitted for
review and subject to the approval of the Directors of Planning and Building and General
Services prior to or concurrent with the second submittal of Street Improvement Plans
within the subdivision.
b) To install all street trees in accordance with Section 18.28.10 of the Chula
Vista Municipal Code and that all street trees shall be planted in parkways, or as
otherwise approved by the City Engineer, and Directors of Planning and Building and
General Services.
c) That prior to the installation of any dry utilities, including but not limited to
cable, telephone, gas or electric lines, Developer agrees to complete Preliminary Street
Tree Improvement Plans that show the location of all future street trees, which will be
subject to the review and approval of the City Engineer, and the Directors of Planning &
Building and General Services.
d) That prior to any utility installation, wood stakes shall be placed by the
Developer on site according to the approved Preliminary Street Tree Improvement Plans,
and shall be painted a bright color and labeled as future street tree locations.
e) To provide the City documentation, acceptable to the City Engineer, and the
Directors of Planning and Building and General S~rvices, 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.
1) To maintain street tree identification stakes in the locations as shO>'lTI on the
approved Preliminary Street Tree Improvement Plans until all dry utilities are in place.
25. Condition No. 36 - (Protective Fencing) In satisfaction of Condition No. 36 of
the Resolution, Developer hereby agrees to construct a protective fencing system at 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.
26. Condition No. 37 - (Energy Dissipaters) In satisfaction of Condition No. 37 of
the Resolution, Developer hereby agrees to construct energy dissipaters at all storm drain outlets
as required by the City Engineer to maintain non-erosive flow velocities.
27. Condition No. 40 - (Rock Mountain Road) In partial satisfaction of Condition
No. 40 of the Resolution, Developer hereby agrees that prior to the issuance of a building permit
for the 2,090 EDU shall design and construct Rock Mountain Road between East of Heritage
Road and/or Main Street.
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28. Condition No. 41 . (Design Standards) In satisfaction of Condition No. 41 of
the Resolution, Developer hereby agrees to 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.
29. Condition No. 44 - (Heritage Road) In satisfaction of Condition No. 44 of the
Resolution, Developer hereby agrees that prior to the issuance of a building permit for the 1,276
EDU shall design and construct Heritage Road between Olympic Parkway and Main Street. The
Developer may construct a 'Temporary Intersection' at Main Street and Heritage Road according
to the fo llowing requirements:
a. The intersection geometry shall be approved by the Chula Vista City
Engineer.
b. The design of the south leg of the intersection shall be reviewed with
representatives of the Coors Amphitheater to ensure the design adequately accommodates
the high volume event traffic.
c. The intersection construction shall be coordinated with the Coors
Amphitheater event season and the construction phasing will need to be completed to the
satisfaction of the City Engineer.
d. Developer shall submit to the City Engineer, Civil Engineering drawings of
the intersection and concept plan of construction phasing
30. Condition No. 46 . (Traffic Signals) In satisfaction of Condition No. 46 of the
Resolution, Developer hereby agrees that prior to approval of any Final "B" Map for the Project
which triggers the installation of the related street improvements, enter into an agreement, to the
satisfaction of the City Engineer, to design, construct and secure fully activated traffic signals,
. including interconnect wiring, mast arm, signal heads, and associated equipment underground
improvements, standards and luminaries at the intersections listed below. Developer further
agrees to fully design the aforementioned traffic signal in conjunction with the improvement
plans for the related streets to the satisfaction of the City Engineer and conform to City Standards
INTERSECTIONS
Heritage Road & Olympic Parkway
Heritage Road & Santa Victoria Road
Heritage Road & Santa Liza Street
Heritage Road & Street "J" North
Heritage Road & Street "J" South
Heritage Road & Main Street
Olympic Parkway & Santa Victoria Road
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Olympic Parkway & Santa Venetia Road
La Media Road & Santa Venetia Road
La Media Road & State Street
La Media Road & Santa Luna Street (Park Entrance)
31. Condition No. 47 - (Stripping Plans) In satisfaction of Condition No. 47 oft.'1e
Resolution. Developer hereby agrees to submit and obtain approval by the City Engineer of
striping plans for all promenade, collector or higher classification streets simultaneously with the
associated improvement plans.
32. Condition No. 48 - (Fire) In satisfaction of Condition No. 48 of the Resolution,
Developer hereby agrees to comply with the Fire Department's codes and policies for Fire
Prevention, and the requirements/recommendations contained in the approved Fire Protection
Plan, Urban-Wildland Interface Area for Village Two, as may be amended from time to time.
33. Condition No. 49 - (Fire Hydrants) In satisfaction of Condition No. 49 of the
Resolution, Developer hereby agrees to 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 F ire Marshal, install additional fire hydrants upon request and to the
satisfaction of the Fire Department.
34. Condition No. 50 - (Turnaround) In satisfaction of Condition No. 50 of the
Resolution, Developer hereby agrees to construct ,a temporary turnaround or street
improvements, upon the request of and as determined nepessary by the City Engineer and Fire
Marshal, at the end of temporarily stubbed streets greater than 150 feet in length (as measured
from the nearest street centerline intersection).
35. Condition No. 51 - (AASHTO) In satisfaction of Condition No. 51 of the
Resolution, Developer hereby agrees to 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 distance 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.
36. Condition No. 53 - (Transit) In satisfaction of Condition No. 53 of the
Resolution, Developer hereby 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 improvementplans for
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said stops shall be prepared in accordance with the transit stop details described in the
Village Two, Three and a Portion of Four Design Plan and Village Two, Three and a
Portion of Four PFFP and as approved by the Directors of Planning & Building and
Public Works.
b. Not protest the formation of any future regional benefit assessment district to
finance the MTDB San Diego Trolley, BRT System or other transit system.
37. Condition No. 54 - (ADA) In satisfaction of Condition No. 54 of the Resolution,
Developer hereby agrees to construct sidewalks and construct pedestrian ramps on all walkways
to meet applicable "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, all 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, after construction has commenced.
38. Condition No. 55 - (private Utilities) In satisfaction of Condition No. 55 of the
Resolution, Developer hereby agrees to 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 allowe'd subject to the review and approval of the City
Engineer if the following is accomplished:
a. The developer enters into an agreeme'p.t with the City where the developer
agrees to the foUowing: '
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
Mark out any private facilities owned by the developer whenever work is
performed in the area; and,
iii. 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)
39. Condition No. 56 - (Guardrail) In satisfaction of Condition No. 56 of the
Resolution, Developer hereby agrees that prior to issuance of any grading permit based on plans
proposing the creation of down slopes adjacent to public or private streets, shall obtain the City
Engineer's approval of a study to determine the necessity of providing guardrail improvements at
those locations. Developer furthermore agrees to construct and secure any required guardrail
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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.
40. Condition No. 57 - (Roundabout) In satisfaction of Condition No. 57 of the
Resolution, Developer hereby agrees that prior to approval of improvement plans that include
roundabouts, shall demonstrate compliance with stopping sight distance standards as determined
by the City Engineer and Director of Planning & Building.
41. Condition No. 58 - (Survey Monumentation) In satisfaction of Condition No.
58 of the Resolution, Developer hereby agrees that prior to the acceptance of Public
Improvements by the City Engineer & Public Works Director, shall have in place 5 (five)
Horizontal control points, and 21 (twenty-one) Vertical control points set pursuant to Sections 2-
302.1(8) and 2-302.3(1) of the City of Chula Vista Subdivision Manual, and Chapter 18.16.180
of the Chula Vista Municipal code. Applicant shall also cause to be filed with the County of San
Diego, a Record of Survey; required pursuant to Section 8762 of the Professional Land
Surveyors Act.
42. Condition No. 59 - (Storage Length) In satisfaction of Condition No. 59 of the
Resolution, Developer hereby agrees that left and right turn storage lengths shall be provided as
recommended in the Linscott, Law and Greenspan Traffic Study for Village Two, Three and a
Portion of Four, dated November 2005, or as required by the City Engineer.
43. Condition No. 61 - (Drainage Improvements) In satisfaction of Condition No.
61 of the Resolution, Developer hereby agrees to provide drainage improvements in accordance
with the Master Drainage Study for Otay Ranch Village Two, Three and a Portion of Four, dated
February 16,2005, and the Preliminary Water Quality Technical Report for Olay Ranch Village
Two, Three and a Portion of Four, dated October 28, 20050r a subsequent Hydrology Study, as
may be required, submitted to and approved by the City Engineer. Developer furthermore agrees
to maintain all such drainage improvements until said improvements are formaIly accepted by
the City or included as part of an applicable maintenance district, or other mechanism as
approved by the City. Said maintenance shall ensure that drainage facilities wiIl continue to
operate as designed.
44. Condition No. 62 - (Drainage Improvements) In satisfaction of Condition No.
62 of the Resolution, Developer hereby agrees that prior to approval of any grading permit or
any other grant of approval for constructing the proposed extended detention and water quality
basins, whichever occurs earlier, the Developer shaIl demonstrate that the design of the proposed
extended detention and water quality basins will reduce the 2-, 10-, 25-, 50 and 1 DO-year post-
. development peak flows, to any natural drainage course to an amount not exceeding pre-
development conditions, to the satisfaction of the City Engineer.
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4:5. Condition No. 63 - (Drainage Improvements) In satisfaction of Condition No.
63 of the Resolution, Developer hereby agrees to when storm drain systems that collect water
from private property shaH 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 shaH be public. An
encroachment permit shaH be processed and approved by the City Engineer for private storm
drains within the public right-of-way or within CFD maintained Open Space lots.
46. Condition No. 64 - (Drainage Reports) In satisfaction of Condition No. 64 of
the Resolution, Developer hereby agrees to submit 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.
47. Condition No. 67 . (Drainage Conformance) In satisfaction of Condition No. 67
of the Resolution, Developer hereby agrees that aH storm drain design shall conform to the
requirements of the Subdivision Manual and the Grading Ordinance as may be amended from
time to time.
48. Conditions Nos. 68 & 69 - (public Utilities Access) In satisfaction of Conditions
Nos. 68 & 69 of the Resolution, Developer hereby agrees to:
,
,
a. Provide improved all-weather access w'ith H-20 loading, based on a minimum
traffic index (II) of 5, to all public storm drain clean-outs, inlets, outlets and basins or as
otherwise approved by the City Engineer and Public Works Director.
b. That aH City maintenance access roads shaH be 12' min. width and designed
for H-20 (min. TI of 5) loading.
c. Provide a minimum of 6-inch thick PCC (reinforced with #4 BAR at 18" on
center each way) and heavy broom fInish for any access road with grades of 8% or
greater. All other access roads, shall be asphalt concrete designed to carry H-20 loading.
d. Additional or restricted paving requirements for the above may be required
when determined necessary at the discretion of the Director of Public Works-Operations
and in conformance with the environmental provisions for the Project.
49. Condition No. 70 - (Substantial Conformance) In satisfaction of Condition No:
70 of the Resolution, Developer hereby agrees to that all grading and pad elevations shaH 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 & Building.
:50. Condition No. 72 - (NPDES) In satisfaction of Condition No. 72 of the
Resolution, Developer hereby agrees that the Development of the subdivision shaH comply with
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all applicable regulations established by the United States Environmental Protection Agency
(USEPA) and as set forth in the National Pollutant Discharge Elimination System (NPDES)
Municipal Permit requirements by the San Diego Regional Water Quality Control Board for
urban runoff and storm water discharge and any regulations adopted by the City of Chula Vista
pursuant to said regulations or requirements in effect at the time the development occurs.
Further, t..'1e Developer shall file a Notice of Intent with the State Water Resources Control Board
to obtain coverage under the NPDES 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 NPDES and the Clean Water
Program during and after all phases of the development process, including but not limited to:
mass grading, rough grading, construction of street and landscaping improvements, and
construction of dwelling units. The Developer shall comply with the City of Chula Vista
Development and Redevelopment Projects Storm Water Management Standards Requirements
Manual (Storm Water Management Standards Manual) and shall design the Project's storm
drains and other drainage facilities to include Best Management Practices (BMPs) to minimize
non-point source pollution, satisfactory to the City Engineer and Public Works Director.
51. Condition No. 77 - (Lot Drainage) In satisfaction of Condition No. 77 of the
Resolution, Developer hereby agrees to locate lot lines at the top of slopes except as shown on
the Tentative Map or as approved by the City Engineer and Director of Planning & Building.
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.
52. Condition No. 78 - (Walls) In satisfaction of Condition No. 78 of the Resolution,
Developer hereby agrees to provide a minimum of 3 feet of flat ground access from the face of
any City maintained wall to the beginning of the slope rounding for wall maintenance, unless
otherwise approved by the City Engineer.
53. Condition No. 79 - (Setback) In satisfaction of Condition No. 79 of the
Resolution, Developer hereby agrees to provide a setback, as determined by the City Engineer
and based on Developer'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
54. Condition No. 80 - (Temporary Basins) In satisfaction of Condition No. 80 of
the Resolution, Developer hereby agrees to 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.
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~~. Condition No. 83 - (NPDES) In satisfaction of Condition No. 83 of the
Resolution, Developer hereby agrees to the following:
a. Comply with the requirements of the Storm Water Management Standards
Manual including revision of approved grading and or improvement plans as necessary
b. Indemnify, and hold harmless the City, its elected and appointed officers and
employees, from and against all fmes, costs, and expenses and damages arising out of
non-compliance with the requirements of the NPDES regulations, in connection with the
execution of any construction and/or grading work for the Project, whether the non-
compliance results from any action by the Developer, any agent or employee,
subcontractors, or others. The Developer's indemnification shall include any and all
costs, expenses, attorney's fees and liability incurred by the City.
c. To not protest the formation of facilities benefit district or any other funding
mechanism approved by the City to fmance 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.
d. Such Developer obligation may be assigned to a Master Homeowner's
Association or other appropriate Maintenance District subject to the approval of the City
Engineer.
56. Condition No. 84 . (BMP) In satisfaction of Condition No. 84 of the Resolution,
Developer hereby agrees that Post-construction Best Management Practices, including site
design, source control, and treatment control, shall be implemented and maintained into
perpetuity in accordance with a City approved Water Quality Technical Report. The responsible
party and funding mechanism for the maintenance of posHonstruction BtvlPs shall be identified
in an agreement between the City and the Developer. The Developer or subsequent owners shall
maintain records of inspections and maintenance of all post-construction Best Management
Practices and make such records available for review by the City's Storm Water Compliance
Inspectors.
57. Condition No. 88 - (Sewer) In satisfaction of Condition No. 88 of the Resolution,
Developer hereby agrees that the Village Two sewer improvements shall be consistent with the
Village Two, Three and a Portion of Four Conceptual Sewer Study, dated January 2006 or a
subsequent Sewer Study submitted to and approved by the City Engineer.
58. Condition No. 89 - (Sewer services) In satisfaction of Condition No. 89 of the
Resolution, Developer hereby agrees that for sewers serving 10 or less equivalent dwelling units
shall have a minimum grade of I % and/or a velocity of 2 feet per second, or as approved by the
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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.
59. Condition No. 92. (parks) In satisfaction of Condition No. 92 of the Resolution,
Developer hereby agrees that prior to the issuance of the 588th building permit for any dwelling
unit shall provide documentation to the City, that assigns irrevocable free and clear use and
access for park and recreation purposes over and upon all easements and fee owned parcels that
traverse any public park site, to the satisfaction of the Directors of Recreation, General Services,
and Engineering. Said documentation shall be approved by the Directors of Recreation, General
Services and Engineering as to content and approved by the City Attorney as to form prior to
execution of said document and prior to the 588th building permit for any dwelling unit. No
park credit will be given for easements located in park.
60. Condition No. 93 . (Town Square) In satisfaction of Condition No. 93 of the
Resolution, Developer hereby agrees that prior to issuance of any building permit with the MU-!
site or the R-28 site shall commence construction of the Town Square lot Pol (1.2 net useable
acres) to the satisfaction of the Director of General Services. Developer shall complete
construction of the Town Square within nine months of commencement of construction. The
term "complete construction" shall mean park construction has been completed according to the
City approved construction plans and been accepted by the Director of General Services.
61. Condition No. 97 - (parks Grading) In satisfaction of Condition No. 97 of the
Resolution, Developer hereby agrees to submit to City for review by General Services
Department, as-graded topographic surveys capable of d<;lnonstrating that grading of Park sites
pol, P-3. and all parcels of P-4 are in compliance with approved rough grading plans for the
sites. Said survey shall be prepared at Developers' own expense and shall not be credited toward
Developer PAD Fee obligation. The topographic survey shall be submitted at the request of the
Director of General Services. Any grading permit security held for the project shall not be
released until the respective Parks' net usable areas have been verified and approved by the
Director of General Services. If the survey indicates that the site fails to conform to the approved
grading plans, and to the City Of Chula Vista Grading Ordinance for any of the park sites, then
the Developer shall bring the site into conformance and incur the expenses associated with re-
grading the sites as needed. Expenses incurred by the Developer to perform any corrective re-
grading of the sites shall not be credited toward the Developer PAD Fee obligation. Site re-
grading shall be completed with 60-days of notification of non-compliance.
62. Condition No. 98 . (Environmental) In satisfaction of Condition No. 98 of the
Resolution, Developer hereby agrees comply with the provisions of the City of Chula Vista
Parks and Recreation Master Plan as may be amended from time to time, and as it affects facility
and other related requirements for the Project's parks.
63. Condition No. 102 . (Grant of Easement & Maintenance Agreement) In
satisfaction of Condition No. 102 of the Resolution, Developer hereby agrees to within 90 days
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of approval of Final Map, Developer shall enter into a Grant of Easements and Maintenance
Agreement 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. .
64. Condition No. 103 - (Landscape & irrigation) In satisfaction of Condition No.
103 of the Resolution, Developer hereby agrees to install landscape 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 Developer
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 timefrarne to allow processing of
the extension. Notwithstanding the time of installation of landscape, and irrigation slope erosion
control, Developer shall remain in compliance with NPDES.
65. Condition No. 105 - (Walls & Fence Plan) In satisfaction of Condition No. 105
of the Resolution, Developer hereby agrees that the conceptual 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 Final EIR 02-02 and the Village Two, Three and a Portion of
F our SPA Plan. Upon request of the Director of General Serv ices,. Developer shall update the
Project's Landscape Master Plan to conform to any substlmtial changes made subsequent to the
initial approval of the plan. '
66. Condition No. 106 . (Landscape & irrigation Plans) In satisfaction of
Condition No. 106 of the Resolution, Developer hereby agrees that prior to the issuance of each
Street Construction permit for the Project, shall prepare and secure, to the satisfaction of the City
Engineer and the Director of General Services, street improvement Landscape and Irrigation
Improvement Plans. All plans shall be prepared in accordance with the current Chula Vista
Landscape Manual and the Village Two, Three and a Portion of Four SPA Plan, as may be
amended from time to time. Developer furthermore agrees to install all improvements in
accordance with approved plans to the satisfaction of the Director of General Services and the
City Engineer.
67. Condition No. 113 - (ADA) In satisfaction of Condition No. 113 of the
Resolution, Developer hereby 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.
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68. Condition No. 115 - (MHOA) In satisfaction of Condition No. 115 of the
Resolution, Developer hereby agrees that prior to the approval of any Final Map with residential
uses, the developer shall:
a. Submit evidence, acceptable to the City Engineer and the Director of Planning
& Building of the formation of a Master Homeowner's Association (MHOA) for the
Project. The MHOA shall be responsible for the maintenance of those landscaping
improvements that are not to be included in the proposed fmancial mechanism. Tue City
Engineer and the Director of Planning & Building may require that the Maintenance CFD
shall maintain some of those improvements. The fmal determination 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 Maintenance CFD Proceedings. The MHOA
shall be structured to allow annexation of future tentative map areas in the event the City
Engineer and Director of Planning & Building require such annexation of future tentative
map areas. The IvlHOA formation documents shall be subject to the approval of the City
Attomey; and,
b. Submit and obtain approval of the City Engineer and the Director of Planning
& Building of a list of all Otay Ranch Village Two, Three and a Portion of Four SP A and
IvlHOA 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 nor limited to the following facilities and
. ,
Improvements:
1. All 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
thereo f.
ii. The proportional share of medians and parbvays along La Media Road,
Olympic Parkway and all other street parkways proposed for maintenance
by the applicable Community Facilities District or Homeowners'
Association.
111. The detention basin located in Wolf Canyon.
iv. All storm-water quality structural BMPs serving the Project.
69. Condition No. 118 - (Notification) In satisfaction of Condition No. 118 of the
Resolution, Developer hereby agrees that future property owners shall be notified during escrow,
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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 & Building prior to distribution through escrow,
which approval shall not be unreasonably withheld.
70. Condition No. 120 - (Open Space Lots) In satisfaction of Condition No. 120 of
the Resolution, Developer hereby agrees to 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 shown on the wall and
fence plan as approved by the City Engineer and the Director of Planning & Building.
71. Condition No. 121 - (Open Space Lots) In satisfaction of Condition No. 121 of
the Resolution, Developer hereby agrees to ensure that all buyers of individual lots adjoining
open space lots, containing walls maintained by the open space district, shall 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 City or HOA
property. These restrictions shall also be incorporated in the CC&R's for all lots.
72. Condition No. 123 - (protest Formation) In satisfaction of Condition No. 123 of
the Resolution, Developer hereby 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.
73. Condition No. 124 - (Street Parkway) Iq'satisfaction of Condition No. 124 of
the Resolution, Developer hereby agrees that 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 homeowners shall not maintain the parkways. Street parkways
shall be designated as recycled water use areas, if approved by the Otay Water District and San
Diego County Health.
74. Condition No. 125 - (Maintenance District) In satisfaction of Condition No. 125
of the Resolution, Developer hereby agrees that prior to issuance of any grading permit 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 General Services, 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:
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a. If, sL'( 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 aI!lounts shall be
incorporated into the Reserve Account, or;
b. If the Reserve Account is at or above the Minimum Deposit Amount, the
unLlSed portion of the deposit may be returned to the Developer in 6 equal monthly
increments over the last six months of the maintenance period if the maintenance is being
accomplished to the satisfaction of the Director of General Services.
75. Condition No. 128 . (Open Space Lots) In satisfaction of Condition No. 128 of
the Resolution, Developer hereby agrees that prior to the City acceptance of any open space lots,
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).
76. Condition No. 135 - (Street Trees) In satisfaction of Condition No. 135 of the
Resolution, Developer hereby agrees to design landscape and irrigation plans such that street tree
placement is not in conflict with the visibility of any traffic signage. The Developer furthermore
agrees to be responsible for the removal of any obstructions of said traffic signs to the
satisfaction of the City Engineer.
77. Condition No. 143 . (Supplemental Agr,eement) In satisfaction of Condition
No. 143 of the Resolution, Developer hereby agrees to the 'following:
a. That the City may withhold building permits for the Project in order to have
the Project comply with the Growth Management Program, as may be amended from
time to time, or if any one of the following occurs:
i. Regional development threshold limits set by a Chula Vista transportation
phasing plan, as amended from time to time, have been reached.
ii. Traffic volumes, levels of service, public utilities and/or services either
exceed the adopted City thresho ld 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 & Building
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and the City Engineer. The Developer 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 Two, Three and a Portion of Four
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 Councilor any approval by its agents,
officers, or employees with regard to this subdivision pursuant to Section 66499.37 of the
State Map Act provided the City promptly notifies the Developer 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.
ii. Developer hereby conveys to the City of Chula Vista the authority to
enforce said covenant by such remedies as the City determines appropriate,
including revocation of said grant upon determination by the City of Chula Vista
that they have violated the conditions of grant.
d. 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 Subdivision Improvement Agreement.
The City shall provide the Developer of notice of such determination and allow the
Developer reasonable time to cure said breach
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e. To defend, indemnify and hold harmless the City and its agents, officers and
employees, from any liability for erosion, siltation or increase flow of drainage resulting
from this Project.
i8. Condition No. 144 - (Congestion Management Plan) In satisfaction of
Condition No. 144 of the Resolution, Developer hereby agrees to the following:
a. Participate, on a fair share basis, in any deficiency plan or financial program
adopted by SAJ.'IDAG to comply with the Congestion Management Program (CIvlP).
b. To not protest the formation of any future regional impact fee program or
facilities benefit district to finance the construction of regional facilities.
c. To equitably participate in any future regional impact fee program for regional
faeilities should the region enact such a fee program to assist in the construction of such
facilities.
i9. Condition No. 145 - (previous Agreements) In satisfaction of Condition No.
145 of the Resolution, Developer hereby agrees that prior to approval of each Final Map for the
Project, comply with all previous agreements as they pertain to this tentative map.
80. Condition No. 14i . (Regional Fee Program) In satisfaction of Condition No.
14 i of the Resolution, Developer hereby agrees 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 Developer shall enter into an agreement, prior to approval
of the first Final Map, with the City which states that the Developer will not protest the
formation of any potential future regional benefit assessment district formed to fmance regional
facilities.
81. Condition No. 148 - (Transit Stops) In satisfaction of Condition No. 148 of the
Resolution, Developer hereby agrees 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.
Developer 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 Developer provide security guaranteeing the construction of said transit stops in 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 project development, the Developer shall install said
improvements when directed by the City.
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82. Condition No. 149 - (Transit) In satisfaction of Condition No. 12 of the
Resolution, Developer hereby agrees not protest the formation of any potential future regional
benefit assessment district formed to finance the transit system.
83. Condition No. 151 - (Affordable Housing Agreement) In satisfaction of
Condition of Approval No. 151 of City Council Resolution No. 2006-157, prior to issuance of
the 126m production building permit in Village Two, Three and a portion of Four, including Otay
Ranch Village Two North Unit I and Village Two Area R-13 an Affordable Housing Agreement
shall be executed by all property owners in Village Two, Three and a portion of Four. Said
Affordable Housing Agreement shall be recorded in the Office of the San Diego County
Recorder over the entirety of Village Two, Three and a portion of Four. The Affordable
Housing Agreement shall provide that 50% of the total number of qualified low income and
moderate housing units shall be constructed prior to the issuance of the 1,393 production
building permit, or at a trigger point as determined by the City Manager and City Attorney or
their designees, for Village Two, Three and a portion of Four.
84. Condition No. 152 - (Air Quality Improvement Plan) In satisfaction of
Condition No. 152 of the Resolution, Developer hereby agrees to implement the final Air Quality
Improvement Plan (AQIP) measures as approved by the City Council, and as may be amended
from time to time, and to comply and remain in compliance with the AQIP.
85. Condition No. 153 - (Air Quality Improvement Plan) In satisfaction of
Condition No. 153 of the Resolution, Developer hereby acknowledges that the City Council may,
from time-to-time, modify air quality improvement aztd energy conservation measures as
technologies and/or programs change or become available. The Developer agrees shall modify
the AQIP to incorporate those new measures upon request of the City, which are in effect at the
time, prior to or concurrent with each Final Map approval within the Project. The new measures
shall apply to development within all future map areas, but shall not be retroactive to those areas,
which receive Final Map approval prior to effect of the subject new measures. The Developer
acknowledges and agrees that the City has adopted the City of Chula Vista Air Quality
Improvement Plan Guidelines (AQIP Guidelines) as approved per Resolution No. 2003-260 and
that such guidelines as approved and as may be amended from time-to-time shall be
implemented.
86. Condition No. 154 - (Water conservation Plan) In satisfaction of Condition No.
i54 of the Resolution, Developer hereby agrees to implement th.e fmal Water conservation Plan
(WCP) measures as approved by the City Councii, and as may be amended from time to time,
and to comply and remain in compliance with the WCP.
87. Condition No. 155 - (Water conservation Plan) In satisfaction of Condition No.
i55 of the Resolution, Developer hereby acknowledges that the City Council may, from time-to-
time, modify water conservation measures as technologies and/or programs change or become
available. The Developer agrees to modify the WCP to incorporate those new measures upon
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request of the City, which are in effect at the time, prior to or concurrent with each Final Map
approval within the Project. The new measures shall apply to development within all future map
areas, but shall not be retroactive to those areas, which receive Final Map approval prior to effect
of the subject new measures. The Developer acknowledges and agrees that the City has adopted
the City of Chula Vista Water Conservation Plan Guidelines (WCP Guidelines) as approved per
Resolution No. 2003-234 and that such guidelines as approved and as may be amended from
time-to-time shall be implemented.
88. Condition No. 156 - (Utilities) In satisfaction of Condition No. 156 of the
Resolution, Developer hereby agrees to install all public facilities in accordance with the Village
Two, Three and a Portion of Four 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 Developer 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 (19.09.100).
89. Condition No. 157 - (Utilities) In satisfaction of Condition No. 157 of the
Resolution, Developer hereby agrees to the maintenance. and demolition of all interim facilities
(public facilities, utilities and improvements) is the Developer's responsibility, and that
construction, maintenance and demolition bonds will be required to the satisfaction of the City
Engineer.
9Q. Condition No. 161 - (project manager) Ih satisfaction of Condition No. 161 of
the Resolution, Developer hereby agrees to 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 wit.1:! 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.
91. Condition No. 162 - (Developer's Risk) In satisfaction of Condition No. 162 of
the Resolution, Developer hereby agrees to that if he desires to do certain work on the property
after approval of the tentative map but prior to recordation of the Final "A" Map and/or
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 with the City's
Municipal Code, regulations and policies. Said permits do not constitute a guarantee that
subsequent submittals (i.e., Final "A" Map, Final "B" Map and improvement plans) will be
approved. All work performed by the Developer prior to approval of the Final "A" Map; the
applicable "B" Maps 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
J:\EagineerILanddev\l'rojects\Otay Ranch Village 2\ORS 15F OR Village 2 R.\3\SSlA R.l3.dec
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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 "A" Map and/or Final "B" Map do not record.
92. Condition No. 163 . (phasing) In satisfaction of Condition No. 163 of the
Resolution, Developer hereby agrees to the phasing approved with the SPA Plan may be
amended subject to approval by the Director of Planning & Building and the City Engineer. The
PFFP shall be revised where necessary to reflect the revised phasing plan.
93. Condition No. 165 . (public Facility Finance Plan) In satisfaction of Condition
No. 165 of the Resolution, Developer hereby agrees to the Public Facility Finance Plan or
revisions thereto shall be adhered to for the SPA and tentative maps with improvements installed
by Developer 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 Seven SPA, actual development may differ from the
assumptions contained in the PfFP. Neither the PFFP nor any other Village Two, Three and a
Portion of Four SPA Plan document grant the Developer an entitlement to develop as assumed in
the PFFP, or limit the Village Two, Three and a Portion of Four 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 Two, Three and a Portion of Four SPA
development patterns and the facility improvement requir,ements to serve such development. In
addition, the sequence in which improvements are constructed shall correspond to any
transportation phasing plan or amendment to the Growth Management Program and Ordinance
adopted by the City. The City Engineer and Director of Planning & Building may, at their
discretion, modify the sequence, schedule, alignment and design of improvement construction
should conditions change to warrant such a revision.
94. Condition No. 166 - (Multi-Family) In satisfaction of Condition No. 166 of the
Reso lution, Developer hereby agrees to unless access, drainage and utilities are shown on the
master Tentative Map to the satisfaction of the City Engineer and the Director of pianning &
Building, prior to approval of any Final Map proposing the creation of multi-family housing for
the Project, including any 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 within the Project pursuant to Section 66426
of the Subdivision Map Act, unless waived in writing by the Director of Planning & Building
and the City Engineer.
95. Condition No. 167. (Municipal Code) In satisfaction of Condition No. 167 of
the Resolution, Developer hereby agrees to comply with all applicable sections of the Chula
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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 with
Municipal Code requirements.
96. Condition No. 168 - (Fees) In satisfaction of Condition No. 168 of the
Resolution, Developer hereby agrees to pay the following fees in accordance with the City Code
and Council Policy:
a. The Transportation Impact Fees,
b. Public Facilities Development Impact Fees.
c. Signal Participation Fees.
d. All applicable sewer fees, including but not limited to sewer connection fees.
e. Pedestrian Bridge Development Impact Fee.
f. Poggi Canyon or Salt Creek Sewer Basin DIF as applicable.
Pay the amount of said fees in effect at the time of issuance of building permits. (Engineering)
97. Condition No. 169 - (Compliance) In satisfaction of Condition No. 169 of the
Resolution, Developer hereby agrees to comply with all relevant Federal, State, and Local
regulations, including the Clean Water Act. The developer shall be responsible for providing all
required testing and documentation to demonstrate said compliance as required by the City
Engineer.
,
,
98. Satisfaction of Conditions. City agrees 'that the execution of this Agreement
constitutes satisfaction of Developer's obligation of Conditions: 1-5,7-13,17,20,24-27,29-33,
35,36,37,40,41,44,46-51,53-59,61,62,63,64,67,68,69, 70, 72, 77-80,83,84,88,89,92,
93,97,98, 102, 103, 105, 106, 113, 115, 118, 120, 121, 123,124, 125, 128, 135, 143, 144, 145,
147, 148, 149, 151, 152, 153-157, 161, 162, 163, and 165.169 of the Resolution. Developer
further understands and agrees that some of the provisions herein may be required to be
performed or accomplished prior to the approval of other final maps for the Project, as may be
appropriate.
99. Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned,
that Developer shall comply with all unfulfilled conditions of approval of the Tentative
Subdivision Map, established by the Resolution and shall remain in compliance with and
implement the terms, conditions and provisions therein.
100. Recording. This Agreement, or an abstract hereof shall be recorded
simultaneously with the recordation of the Final Maps.
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101. Miscellaneous.
a. Notices. Unless otherwise provided in this Agreement or by law, any and all
notices required or permitted by this Agreement or by law to be served on or delivered to
either party shall be in writing and shall be deemed duly served, delivered, and received when
personally delivered to the party to whom it is directed, or in lieu thereof, when three (3)
business days have elapsed following deposit in the U.S. mail, certified or registered mail,
return receipt requested, first-class postage prepaid, addressed to the address indicated in this
Agreement. A party may change such address for the purpose of this paragraph by giving
"\iritten notice of such change to the other party.
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA. 91910
Attn: Ciry Engineer
Otay Ranch Village II~PC-13, LLC
11943 El Camino Real, Ste. 100
San Diego, CA 92130
Attn: Dawn Norton
Fax: (858) 259-2933
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 iry this paragraph.
,
b. Captions. Captions in this Agreement are inserted for convenience of
reference and do not defme, 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. Amendments to this Agreement must be in writing and approved by
the representatives.
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. Assignabliry. Upon request of the developer, any or all on-site duties and
obligations set forth herein may be assigned to developer's successor in interest if the Ciry
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Manager in hislher sole discretion determines that such an assigmnent will not adversely
affect the City's interest. The City Manager in hislher sole discretion may, if such assigmnent
is requested, permit a substitution of securities by the successor in interest in place and instead
of the original securities described herein so long as such substituted securities meet the
criteria for security as set forth elsewhere in tJ-js agreement. Such assigmnent will be in a form
approved by the City Attorney.
f. Recitals; Exhibits. Any recitals set forth above and exhibits attached hereto
are incorporated by reference into this Agreement.
g. Attorney' s Fees. If either party commences litigation for the judicial
interpretation, reformation, enforcement or rescission hereof, the prevailing party will be
entitled to a judgment against the other for an amount equal to reasonable attorney's fees and
court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded
substantially the relief sought.
[NEXT PAGE IS PAGE om OF SIGNATURE PAGES]
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{pAGE ONE OF TWO SIGNATURE PAGES TO SUPPLEMENTAL
SUBDIVISION Il\iIPROVEl\iIENT AGREEMENT FOR THE
OTAY RANCH VILLAGE TWO NEIGHBORHOOD R-13}
CITY OF CHULA VISTA
Cheryl Cox,
Mayor of the City of Chula Vista
Attest:
Donna Norris
Interim City Clerk
Approved as to Form:
,
,
Bart C. Meisfield
Interim City Attorney
DATED:
,2008
[NEXT PAGE IS PAGE TWO OF SIGNATURE PAGES]
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List of Exhibits
Exhibit A
Legal Description of Property
Pagk'3~gf33
EXHIBIT" A"
(Legal Description of Property)
Being a Subdivision of Lot 6 of Chula Vista Tract No. 06-05 Otay Ranch Village 2 and Portions
ofVilIage 4 "A" Map, in the City ofChula Vista, County of San Diego, State ofCalifomia,
according to Map thereof No. 15350, filed in the Office of the County Recorder of said County,
May 26, 2006.
,
,
,
Pagh~df33
{pAGE TWO OF TWO SIGNATlJRE PAGES TO SUPPLEMENTAL
ST.H3DMSION IMPROVEl\iIENT AGREEl\iIENT FOR THE
OTAY RANCH VILLAGE TWO NEIGHBORHOOD R-13}
DEveLOPERS/OWNERS:
OTA Y RAi~CH VILLAGE II-PC-l3, LLC, A California limited Liability Company,
its General Partner,
By: r<:~ (S fL
1 . J
By:
\(
Title::. cc..
f. . \ L
, o'2<:;' C <. ./\. ~
Title:
,
!
(Attach Notary Acknowledgment)
(Attach Corporate, Company and/or Partnership Signature Authority)
I:IEngineerlLanddevIProjectslO;ay R.mch Village 210R31jF OR Village 2 R.l3\SSlA R.Il.doc
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1-52
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
~~~~~~~~.i'!H;;~:~_~~~~..."'~~:::II':~~~~R!'P~2kY~~~~~A.(Y~~~~~~~~,lI!!~:~<(Y~
State of California
}
County of ~'" \:),qc\c
'...J
On H<I:J' ,,",~.., .", 09- before me,
Date '
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who proved to me on the basis of satisfactory evidence to
be the personi)l) whose name(s') is/afe subscMbed to the
within instrument and acknowiedged to me that
he/sfle'they executed the same in hi~ir authorized
capacity(M), and that by his/lgerilMeir signature(g) on the
instrument the person\8), or the entity upon behalf of
which the person\S) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
PII.C5 Notary Seal Above
WiTNESS my hand and official seal.
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Signature.-' -Pn u'77 u -r " V~ c-""- V
./ Signature of Nota ,llc (:J
OPTIONAL
"Ti'1ough the information below is not r9quirad by law, it may prove valuable to persons relying on the document
and could prevant fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capaclty(les) Claimed by Signer(s)
Signer's Name:
o Individual
o Corporate Officer - Title(s):
[j Partner - 0 Umited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
TOp of thumb here
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
RlGHTTHUM8PRINT
OF SIGNER
R[G~1 r THu",mPRINT
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Signer is Representing:
Signer Is Representing:
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C2oo7 NatiOl1a1 Notary Associatlon' 9350 as $oto Ava. 1=.0.6ox 2402 .Cl'1atsWOrtI'1, CA 91:313-2402. 'NWW.NatlonaINotary.arg Item ~907 Reorder:CaII ToH-Pree 1-800-8713-6827
1-53
CITY COUNCIL
AGENDA STATEMENT
~f:. em OF
~ -<: .~ (HULA VISTA
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
9/16/08, Item~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING BIDS AND AWARDING THE CONTRACT
FOR THE "PAVEMENT REHABILITATION PROGRAM, FY 06/07,
CHIP SEAL & SCRUB SEAL IN THE CITY OF CHULA VISTA,
CALIFORNIA (CIP NO. STL-340D)" PROJECT TO WINDSOR
FUEL CO., INe. IN THE AMOUNT OF $1,597,625.45, WAIVING
COUNCIL POLICY 574-01, AND AUTHORIZING THE
EXPENDITURE OF ALL A VAIL . E FUNDS IN THE PROJECT
DIRECTOR OF EN/fiG~E
CITY MANAGER i .
ASSISTAl'JT CITY AGER <7---;-
4/5THS VOTE: YES
.
o
NO
~
SUMMARY
On August 13, 2008, the Director of Engineering received sealed bids for the "Pavement
Rehabilitation Program, Fiscal Year 2006/2007, Chip Seal & Scrub Seal (STL-340D)" project.
The work consists of the application of a chip seal, removal and replacement of damaged asphalt
concrete pavement, and the application of scrub seal on various pavement locations in the City.
Work for this project also includes striping, traffic control, and other miscellaneous work, and all
labor, material, equipment, and transportation necessary for the project.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed project for compliance with
the California Environmental Quality Act (CEQA) and has determined that the project qualifies
for a Class I(c) categorical exemption pursuant to Section 15301, Existing Facilities, of the State
CEQA Guidelines. Thus, no further environmental review is necessary.
RECOMMENDATION
Council approve the resolution.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
2-1
9/16/08, ItemL
Page 2 of 4
DISCUSSION
Included in the Fiscal Year 2006/2007 CIP Budget is a project for the rehabilitation of
deteriorating pavement throughout the city. The Public Works and Engineering Departments,
through the Pavement Management System, developed a priority list of streets to be included in
the program. The total budget for the Pavement Rehabilitation Program Fiscal Year 2006/2007
is $11,404,515 from Transnet Funds and includes overlay, chip seals, and slurry seals as
maintenance strategies. The chip seal project is a component of the Pavement Rehabilitation
Program Fiscal Year 2006/2007 and will use approximately 14% of the pavement program
funds.
The work for this project consists of the removal and replacement of damaged asphalt concrete,
and the application of a chip seal and scrub seal (a modified form of chip seal) on damaged
asphalt concrete pavement at various locations. The scrub seal consists of the application of a
PASS (polymer-modified and rejuvenating) emulsion in lieu of the conventional chip seal
emulsion. The PASS emulsion treats pavement cracks and rejuvenates the existing asphalt
pavement prior to the application ofrock chips. The scrub seal application is used on streets that
have a lower pavement condition than those streets receiving the standard chip seal application.
This project also includes the following work: striping and markings, traffic control, other
miscellaneous work, and all labor, material, equipment, and transportation necessary for the
project. Attachment 1 shows the list of streets included in the project. The contract
specifications were written with conventional chip seal and the scrub seal as an added
alternative. However, the contractor has indicated that for an additional $0.015 per square foot,
PASS emulsion may be substituted in lieu of conventional ,emulsion, thus giving the City a better
pavement product at a minor additional cost (an increase Of approximately $30,175 over the base
bid). City staff proposes moving forward with this change, subject to City Council approval,
because it is anticipated that the PASS emulsion will provide additional pavement life at minimal
cost.
The total funding amount of $2,095,469.94 consists of the following: $1,627,799.95 is proposed
to be awarded to the contractor, of which $1,597,625.45 is the original base bid amount and
$30,175 is a Change Order to substitute PASS emulsion in lieu of conventional emulsion
(Change Order #1). $223,500 shall be used for construction soils and pavement testing and City
staff time (survey, inspections, and design). Construction contingencies total $244,169.99 (15%
of contract award).
According to City Council Policy No. 574-01, if a change order causes the Director of Public
Works' cumulative contract change order authority to be exceeded, then City Council approval is
required; under the policy, that amount is $104,390. Approval of tonight's resolution will
authorize the Director of Public Works to cumulatively approve change orders, as necessary, up
to the contingency amount of $244,170 (an increase of $139,780); the resolution also authorizes
staff to expend all available contingencies for quantity adjustments and should additional work
be necessary due to unforeseen circumstances. Unforeseen circumstances (i.e. poor subgrade,
utility conflicts, increase of dig-out quantities, etc.) may cause an increase in quantities beyond
what was anticipated during the preparation of the project specifications. For this type of
project, a typical "unforeseen circumstance" occurs during the dig-out process as pavement
distress areas are repaired (dig-outs) and underlying soil conditions are worse than anticipated or
failure area has increased since the contract was prepared.
2-2
9/16/08, Item~
Page 3 of 4
Project Design staff has prepared specifications and advertised the project. Fifteen (15)
contractors purchased copies of the bid documents. Staff received and opened two (2) bids on
August 13,2008. The following bids were received:
CONTRACTOR BID AMOUNT
l. Windsor Fuel Co., Inc. - Windsor, CA $1,597,625.45
2. International Surfacing Systems - Modesto, CA $1,601,380.70
The low bid submitted by Windsor Fuel Co., Inc. of Windsor, CA is above the Engineer's
estimate of $1,400,000.00 by $197,625.45 (14% above the Engineer's estimate); much of this
increase can be attributed to the increase and volatility of oil prices. Design staff has verified the
references provided by the contractor and has found their work to be satisfactory. Windsor Fuel
Co., Inc. has also satisfactorily completed past CIP projects for the City. The Contractor's
License No. 776848 is current and active.
Disclosure Statement
Attachment 1 is a copy of the Contractor's Disclosure Statement.
Wage Statement
The source of funding for this project is Transnet funds. Contractors bidding this project are not
required to pay prevailing wages to persons employed by them for the work under this project.
Disadvantaged businesses were encouraged to bid through the sending of the Notice to
Contractors to various trade publications.
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that the decision
concerns repairs, replacement, or maintenance of existing streets or similar facilities and,
therefore, there is not a material financial effect of the decision on the property holdings of the
City Council Members pursuant to California Code of Regulations sections 18704.2(b)(2) and
l8705.2(b)(1).
FISCAL IMPACT
There is no impact to the General Fund as there are sufficient funds necessary to complete the
proj ect.
F1JNDS REQUIRED FOR CONSTRUCTION
A. Contract Amount, Includes Change Order ($1,597,625.45+$30,174.50) $1,627,799.95
B. Contingencies (15% of contract) $244,170.00
C. Staff Time Cost (approx 10.7% of Total Project Cost): $223,500.00
Construction Inspection (7.2%) $150,000.00
Design/Construction Management (1.9%) $40,000.00
Survey Work (0.2%) $5,000.00
Planning/EnvironmentallTrafficlLandscape/Public Works (0.4%) $8,500.00
Soil Testing (1.0%) $20,000.00
TOTAL FUNDS REQUIRED FOR CONSTRUCTION $2,095,469.95
2-3
9/16/08, ItemL
Page 4 of 4
FUNDS A V AILABLE FOR CONSTRUCTION
A. Transnet (Transfer from STL-340) $2,095,469.95
TOTAL FUNDS A V AILABLE FOR CONSTRUCTION $2,095,469.95
Upon completion of the project, the improvements will require only routine City street
maintenance.
ATTACHMENTS
I. List of streets included in project
2. Contractor's Disclosure Statement
Prepared by: Jeff Moneda, Sr. Civil Engineer, EngineeringDepartment
M:\General Services\GS Administration\Council Agenda\STL340D Chip Seal\STL.340D Chip Seal Award AIl3 tinal2.doc
2-4
PAVEMENT REHABILITATION PROGRAM.
(STL340D)
N
I
CJ1
CHIP WI CHIP WI PASS a.. CONV. CHIP
lOCATIoN WITYpe U SLURRY SEAL OIG..,Q.UT
. wloTIt C.Q-.s PASS
. STREET LENGTH (HI IFll (~FI
BEGIN ENO e~n. (Sfl EST..(SF) EsT. (SF) EST. (SF) EST. (TN]
, SECOND AVE (SIB) N CITY UMITS f 5T - 5.700J10 10.00 102.,000.00 15,000.00 375-00
, SECOND AVE (NIB) f ST H CITY UMIT5 5,700.00 UIJlO 102,600.00 15.ODD.DO J7!':i.OG
, SECOND AVE iN/B) LST FST 7.g;!D.OO 18.00 1<12,550.00 2.0n.OO 51.93
. . 17,420.00 435.50
SECOND AVE (SIB) f ST LST IJI20,OO llUlQ 142,560.00
, FOURTH AVE (NIB) L ST JST l.fHO,110 J4.on 89,160.00 2.7J9.00 6UAII j
, FOURTH AVE (Sl61 JST LST 2,640.00 3400 09,160.00 4,034.00 100.85 :
I E ST (WJBI FOURTl-l AVE BROADWAY 2.640.00 311.00 79.200.00 6.2.2.2.00 155.55 :
i a i:ST(ElB) BROADWAY FOURl1-I AVE 2,640.00 JO.OO 19,200JIO 7,532-00 188.]0 ~
I , EST(W1El1 EAsT flOWER sT FOURTH AVE 6,170.00 30.00 185,100.00 Zl,lB4_00 579.60
;0 EST(EIB) FOURTH AVE ARST AVE J.960.Oll JUJIO 11BJIOO.OO 12,laa.oo J19_7U;
11 EST (EJB) FIRST AVE BONITA RD 2.20lJ.OO JIl.OO 66,000_00 19;618.00 490.-15 ;.
12 WUE51E RD Ol VMPIC PKWY SQum CITY UMITS 9,14a.oo 25.00 243,650.00 3,033.00 75.43 ;
13 WUESTe RD OL YMFtC PKWY OTAYLAKE5 RD 4,385.00 . - 25_00 lO!l,6<!5_00 1.176.00 29.'10 ~
14 EASnAKE PKWY If'llB) miNI DAD COVE OTAY LAKES RO 4.550.00 24.00 154,700.00 4QJlO 1.00 :
" EASTLAKEPKWY(Sre) mAY lAKES RO TRINIDAD COVE 4,550.00 34.00 154,700.(10 2BO.Oll 1.01l
! " HERITAGE FtO (S/O) MAlNST S Clrt UMITS 4-,-tOll.DO 65.(10 266,1l00.0Q 494.1l1l 12.35 ,
15 BONiTA AlJ (6IB) EST GLEN ABBEY 8l VO 2.800.0lJ 41.00 114,800.00 3,69Q.OO 92...15.
,. BONITA RD {WIBI GlEN ABBEY BL va EST 2,800.00 41.00 11.4,800.00 638..00 15.95
" BONITA RD OTAY LAKES RD EA,ST OTY UMITS l,l2U_oa 53.00 10,560.00 ll.1l0 IUlll
118 BONITA RO EAST CITY LIMITS o'rAY lAl<ES RD 1,"l"0.00 70.00 85,400.00 4,a76.DD 116.95
! .9 ~ BONITA AD BONITA RD GLEN ABBEY BlVO 315.00 70.0U 22,U5O.1I0 CRACKAU.. NONE
'" EAST :IIITH ST W CITY LIMITS NORTH SECOND AV '2200 ~.OO 5Z,6I)tI.Ull NONE NONE
" 'EAST NAPlES S1 (WIB) FOXBORO sT TOBIAS OR 10,300.011 17.00 175,100.UO Z.533.00 63.33
U EAST NAPlES ST jEIB} T081^~ DR FOXBOAO ST IO,:mo.OO I7.UO 175,100.00 3,003.00 75.011
..... ,. ~; . .. ..... '. .. ':,/';TOTAI:. !, -, 94S;1I00.00 0.110 i _2,011,633.00:; : 14S,17!LOIJ J;fi29:4-8. \
"'. .. '. .. ..
M:\G"""lal S...."I..=\D....igntsTI..3>lOO Qv"r1ilYtlISTl.3400 Pa\lCnlefll Rehab.xls
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t'-TIACHMENT
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CITY OF CHULA VISTA DISCLOSURE STATE.l\'IENT
Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action
by the Council, Planning Corrunission and all other official bodies of the City, a statement of disclosure of
certain ownership or financial interests, payments, or campaign contnbutions for a City of Chula Vista
election must be filed. The following information must be disclosed:
1.
List the names of all persons having a financialmterest in the property that is the subject of the
application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
2
If any person' identified pursuant to (1) above is a corporation or partnership, list the names of all
individuals with a $2000 investment in the business (corporation/partnership) entity.
3.
If any person' identified pursuant to (1) above is a non-profit organization or trust, list the names
of any person serving as director of the non-profit organization or as trustee or beneficiary or
trustor of the trust.
4.
Please identify every person, including any agents, employees, consultants, or independent
contractors you have assigned to represent you before the City in this matter.
5.
Has any person' associated with this contract had any financial dealings with an official'" of the
City ofChula Vista as it relates to this contract within the past I2 months? Yes_ NoX
16
tv!:\Oeneral Services\Design\STL340D Overllly\STL340D Pass Chip Seal Contract July.24.2008 Rev I a.doc
2-6
lfYes, briefly describe the nature of the financial interest the official'* =y have 1n this contract.
6.
Have you made a contribution of more than ~2(0 within the past twelve (12) months to a current
member of the Chula Vista City Council? No A... Yes _If yes, which Council member?
7.
Have you provided more than $340 (or an item of equivalent value) to an officia]" of the City
of Chula Vista in the past twelve (12) months? GlJtis includes being a source of income, money to
retire a legal debt, gift, loan, etc.) Yes _ No..l::::..-
lfYes, which official" and what was the nature of item provided?
Date:
g( II/Or
M:f.<<Z...F'A:"J,.
Print or type name of Contractor/Applicant
'.
Person is defined as: any individual, firm, co-partnership, joint venture, assoc1at10n, 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 Conunissioner,
Member of a board, commission, or conunittee of the City, employee, or staff members.
17
M:\General Scrviccs\Dcsign\STLJ40D Overlay\STL340D Pass Chip Seal Contract July.24.200S Rev la.doc
2-7
RESOLUTION NO. 2008-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS Al,JD AWARDING THE
CONTRACT FOR THE "PAVEMENT REHABILITATION
PROGRAM, FY 06/07, CHIP SEAL & SCRUB SEAL IN THE
CITY OF CHULA VISTA, CALIFORNIA (CIP NO. STL-340D)"
PROJECT TO WINDSOR FUEL CO, INC. IN THE Atv[OlJNT
OF $[,597,625.45, WAIVING COL'NCIL POLICY 574-01, ANTI
AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE
FUNTIS IN THE PROJECT
WHEREAS, on August 13, 2008, the Director of Engineering received two sealed bids
for the "Pavemel1t Rehabilitation Program FY 06/07 Chip Seal & Scrub Seal in the City of Chula
VIstOl. Cahlomia (STL-340D)" project (tile "Project"); and
WHEREAS, the City received bids from two contractors as follows:
CONTRACTOR BID AMOUNT
I. Windsor Fuel Co., Inc. - Winsdor, CA $1,597,625.45
') International Surfacing Systems - Modesto, CA $1,601,380.70
,
WHEREAS, Windsor Fuel Co., Inc. has satisfactorily completed past CIP projects for the
City and statThas veritied the references provided by Windsor Fuel; and
WHEREAS, pllrsuant to Council Policy 574-01. the Director of Public Works has
authority to approve change orders up to a certain amount specified in the Policy and City
Council approval is required tor a change order that exceeds that specilied amount; and
WHEREAS, for this Project. the Director of Public Works can approve a change order up
to $104.390; and
WHEREAS, staff requests that Council waive Council Policy 574-01 so that the Director
of Public Works can approve change orders as necessary up to $244,170 and expend all available
funds in the Project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista
as to i1ows:
1. That it accepts bids and awards the contract for the '"Pavement Rehabilitation
Program FY 06/07 Chip Seal & Scmb Seal in the City of Chula Vista. Calrtomia
(STL-340D)" project to Windsor Fuel Co., Inc. in the amount of
$1,597,625.45.
2. That it waives Council Policy 574-0 I.
2-8
,
o.
That it authorizes the Director of Public Works to approve change orders as
necessary lip to $244,170 and to expend all available funds in the Project.
Presented by
Approved as to form by
R.A. Hopkins
Dit'ector of Engineering
j'1
~:)~ 12- /~~ h--
Bart Miesfeld (j
Interim City Attorney
,
,
1-1:',ENCirNEER\RESOS\R\:~os2008\O()-10-08\STU.;j.IJD R~::;o for AwardREV -revised by el.:.d0t:
2-9
CITY COUNCIL
AGENDA STATEMENT
~f:. CITY OF
....~ (HULA VISTA
ITEM TITLE:
09/16/08, Item2
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA ACCEPTING $59,740 OF
UNMIICIPATED REVENUES FROM THE
CALIFORNIA DEPARTMENl OF CONSERVATION,
DIVISION OF RECYCLING - BEVERAGE CONTAINER
RECYCLING MID LITTER REDUCTION ACTIVITIES
GRANT PROGRAM AND AMENDING THE WASTE
MANAGEMENT AND RECYCLING FUND
SUBMITTED BY:
DIRECTOR OF PUBLIC ~~R)~
CITY NlANAGER AJI/;U.J.-
ASSISTANT CIT~AGER 01
,"i/5THS VOTE: YES 0 NO 0
REVIEWED BY:
SUMMARY
The California Department of Conservation, Division of Recycling (DOR) distributes $10.5 million for
Fiscal Year 2008/2009 to eligible cities and counties, specifically for beverage container recyclmg and
litter reduction activities. The goal of the DOR's program is to reach and maintain an 80 percent
recycling rate for all California Redemption Value (CRV) beverage containers - aluminum, glass, plastic
and bi-metal. Projects implemented by cities and counties assist the DOR in reaching and maintaining
that goal. Each city is eligible to receive a minimum of $5,000 or an amount calculated by the DOR, on a
per capita basis, whichever is greater. Chula Vista received $59,740 for Fiscal Year 2008/2009.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed activity for compliance with the
California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as
defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of
the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is
necessary.
RECOMMENDATION
That Council adopt the resolution.
BOARDS/COM1VIISSION RECOMMENDA nON
Not applicable.
3-1
09/16/08, Item~
Page 2 of2
DISCUSSION
The Beverage Container and Litter Reduction Act (Section 14581 (a)(5)(A)) requires that the Department
of Conservation - Division of Recycling (DOR) distribute approximately $10.5 million per year to
eligible cities and counties for beverage container and litter reduction activities. Chula Vista has been
awarded $59,740 as calculated on a per capita basis.
These funds assist the City of Chula Vista in meeting and maintaining the State mandated landfill
diversion goal (AB 939, the California Integrated Waste Management Act) by funding program activities
to increase the City's diversion of rigid containers: glass, aluminum, steel and plastic food and beverage
containers.
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site specific
and consequently the 500 foot rule found in California Code of Regulations section 18704.2(a)(I) is not
applicable to this decision.
FISCAL IMPACT
The funds are awarded upon request and are directed to beverage container and litter reduction programs.
There is no impact to the General Fund as a result of accepting these funds or implementing the program
described.
ATTACHMENTS
A. Online Grant Application
B. Resolution 2007-095 Authorizing Staff to Request the Grant Funding
Prepared by: Lynn France. Environmental Services Program Manager, Public Works Department
H:\Agenda /tems\9-16-08 DOC DOR 2008-091mfdoc
3-2
Funding Request Form Print View
Page 1 of 1
California Department of Conservation
Division of Recycling
Community Outreach Branch
March 26, 2008
ATIACHMENT A
Funding Request Form Summary
City/County: Chula Visla
Eligible Amount: $59,740
Contact for Funding Request Form
Ms. Lynn France
Environmental Services Program Manager
City of Chula Vista
Public Works
1800 Maxwell Road
Chula Vista, CA 91911-
Phone: (619) 397-6221 exl.
Fax: (619) 397-6363 exl.
Email: Ifrance@cJ.chula~vista.ca.us
Project Description
Funds will be used for the printing and distribution of the curbside recycling services guide and the multi-family recycling guide; Beautify
Chula Vista Day litter clean up event; recycling specialist activities for residential as well as commercial recycling program follow ups;
purchase of premiums or give away items made from recycled content for promotion of recycling at City events; booths and outreach kiosks.
Supermarket site restriction: No
Selected Activities
Litter Clean~up
Public Parks / Recreational Areas
Community Events
Personnel
Other (Recycling Rangers)
RecYCling Education
General Public
Recyding Guides / Booklets / Brochures
School! Assemblies I Shows
Amount
$22,000
Roadways
. Equipments / Supplies
$15,000
$11,000
Recyding Hotline I Website
Exhibits / Booths
Advertising I Promotional
Promotional Items Print Ads / Flyers / Posters
Beverage Container Collection Programs
Bars / Restaurants Public Parks / Recreational Areas
Recycled Content Products
Park I Playground Equipment Building Material
Signs
$10,000
$1,000
$140
Grand Total
$59,740
These funds may not be used for activities unrelated to beverage container recycling or litter reduction. [Public Resources Code
14581.(a)(4)(C)]
3-3
'hH.........!!..oro"...s::. rol"\T1~P-n''Jt;r"\T1 f"" rrr"\u/r"T"'\l"r;:lfr.fl1\;f::l;n/FRF"'Pri-ntView_;!.~nY
03/26/2008
Page 1 0 f 1
Lynn France
From: CityCounty@conservation.ca.gov
Sent: Tuesday, April 08, 2008 3:05 PM
To: David Rowlands Jr.
Cc: Lynn France; Lynn France
Subject: Chula Vista's Funding Request Form has been approved.
Congratulations!
"Chula Vista's" Funding Request Form has been Approved.
The Department will authorize the State Controller's Office to process your payment not later than the beginning of the fiscal year
(July 1st).
Your check will be mailed directly to the primary contact address identified in your profile.
Changes to the city or county mailing address should be reported, as soon as possible, to the Statewide Technical Assistance and
Resources (STAR) branch at (916) 322-0613.
3-4
04/OR/200R
THE BACK OF THIS DOCUMENT CONTAINS AN AnnnCIAl WATERMARK" \flEW AT AN ANGLE
~Lr~I]"[E lIDW ~W(IDOO~[)~ 08-WSR2'SS'76
FUND NO. FUND NAME
THE TREt\SURER OF THE STATE WIll.. PAY OUT OF THE 0133 CAL IF BEVERAGE CONT A I NE
IOENT1FICA TlON NO.
3480
MO.I DAY I YR.
, .
08.08.2008
, .
90-134;:'J1211
08826876
'0
82.6876
CITY OF
CHULA VISTA
~
JOHNCH -,,; ,.
~~~.
~L2LLL~~2~~ OB82~a7~~.
REMITTANCE ADVICE
VENDOR-ID
P AGE 1 SlATE OF CAlIl-'OHNIA
DOf
THE ENCLOSED WAltRANT IS IN PAYMENT OF THE INVOICES SHOWN ~OW
--~--~- --
('9PI
STD. 404C (REV. 4-95)
DEPARTMENT "NA:""IIA"E--- - OAIG. CQI1E INVOICE DATE INVOICE NUMBER
DEPT OF CONSERVATION REV FD 3480 lNVOI
I / .DOC/ RECY
DEPARTMENT ADDRESS CLAIM SOlED. NO. 59740
801 K STREET MS 22-15 R800025
SACRAMENTO CA 95814
...
VENDOR
'CITY OF CHULA VISTA -,
276 4TH AVENUE
CHULA VISTA CA 91910
(III urv bb/C (.If Mf,,f(Ff:/
L__~ PYMT INQUIRIES: (916) 32?:-5998
FEDEFlAL TAX ID NO. OIJ. SSAN RPTYP[ TAX VR TOTAL REPORTW TO IRS TOTAl. PAVMENT 59740
.00
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RESOLUTION NO. 2007-095
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING ANNUAL APPLICATION
SUBMITTALS TO THE CALIFORNIA DEPARTMENT OF
CONSERVATION, DIVISION OF RECYCLING, FOR ALL
AVAILABLE FUNDING UNDER THE BEVERAGE
CONTAINER AND LITTER REDUCTION ACT - CITY AND
COUNTY PAYMENT PROGRAM AND TO EXECUTE ALL
NECESSARY DOCUMENTS IN CONJUNCTION WITH THE
APPLICATION AND AWARD OF FUNDS THROUGH JUNE
30,2012
WHEREAS, the California Department of Conservation, Division of Recycling (DOR)
annually distributes $1.5 million from the California Beverage Container Recycling Fund to
eligible cities and counties specifically for beverage container recycling and litter clean up
activities; and
WHEREAS, the goal of the DOR's beverage container recycling program is to reach and
maintain an 80 percent recycling rate for all California Refund Value (CRV) beverage
containers, which includes containers made of aluminum, glass, plastic, and bi-metal; and
WHEREAS, projects implemented by cities and counties assist the DOR in reaching and
maintaining its goal; and
WHEREAS, pursuant to the provisions of California Public Resources Code section
1458 I (a)(4)(A), each city is eligible to receive a minimurri of $5,000 or an amount calculated by
the DOR, on a per capita basis, whichever is greater; and
WHEREAS, to receive these funds, the City must submit a request for funds application,
online, annually.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista authorizes the submittal of the annual application for funds to the California Department of
Conservation, Division of Recycling - Beverage Container and Litter Reduction Act - City and
County Payment Program for all available funding.
BE IT FURTHER RESOLVED, that the City Council of the City of Chula Vista
authorizes the City Manager or Designee to execute all documents associated with application
and acceptance of the funds through June 30, 2012.
Presented by
Approved as to form by
-Q.\<:I( 0'\~'\"\.'-.l~~1~
Ann Moore
City Attorney
3-6
Resolution No. 2007-095
Page 2
PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista,
California, this 24th day of April 2007 by the following vote:
AYES:
Councilmembers:
Castaneda, McCann, Ramirez, Rindone, and Cox
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
None
G~u
Cheryl Cox, Ma i r
ATTEST:
-:;..- ~U {(t S-=- ~_J Cl. ...
Susan Bigelow, MMC, City CI
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, Californi~ do hereby certify that the foregoing
Resolution No. 2007-095 was duly passed., approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 24th day of April 2007.
Executed this 24th day of April 2007.
_~ ll..w /.. ~l ~~ d ~
Susan Bigelow, MMC, City ClerK
3-7
RESOLUTION :W08
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA ACCEPTING $59,740 OF
UNANTICIPATED REVENUES FROM THE
CALIFORNIA DEPARTMENT OF CONSERVATION,
DIVISION OF RECYCLING BEVERAGE
CONT AINER RECYCLING AND LITTER REDUCTION
ACTIVITIES GRANT PROGRAtvl AL'ID AMEI'<'DING
THE WASTE MANAGEMENT AND RECYCLING
FUNU
WHEREAS, the California Department of Conservation, Division of Recycling
("DOR") is distributing $10.5 million for Fiscal Year 2008/2009 to eligible cities and
counties specifically for beverage container recycling and litter reduction activities
purSLlant to Public Resources Code section 14581(a)(5)(A); and
WHEREAS, on April 24, 2007, pursuant to Resolution No. 2007-095, the City
Council authorized staff to submit an application for the DOR funds; and
WHEREAS, Chula Vista has been awarded $59,740 in DOR funds; and
WHEREAS, staff proposes to use the DOR funds to fund program activities to.
increase the City's diversion of glass. aluminum. st~el and plastic food and beverage
containers which will assist tile City in meeting ana maintaining the State mandated
landfill diversion goal.
NOW THEREFORE BE. IT RESOLVED by the City Council of the City of
Chula Vista as follows:
1 That it accepts $59.740 of unanticipated revenues from the Califomia
DepaiLment of Conservation. Division of Recycling -Beverage Container Recycling and
Litter Reduction Activities Grant Program.
~ That it appropriates $15.000 to the Personnel and $44,740 to the Supplies
and SerVices categories in the Waste Management and Recycling Fund.
Presented by
Approved as to foml by
Jack Griffin
Director of Public Works
. . /'"
:-e!-t~ /~ JC:~'tr Ah~
BaiL Miesfeld i./
Interim City Attomey
3-8
CITY COUNCIL
AGENDA STATEMENT
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
SEPTEMBER 16, 2008, Item~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA PURSUANT TO SECTION 147(F) OF THE
INTERNAL REVENUE CODE APPROVING THE CONVERSION
OF TAXABLE BOt-..'DS ISSUED BY THE CITY OF CHULA
VISTA FOR TERESINA APARTMENTS TO TAX EXEMPT
STATUS A.ND APPROVING THE MATURITY DATE THEREOF
ASSISTANT DIRECTOR REDEVELOPMENT & HOUSINajtiJI
CITY ~'\NAGE~IL .
4/5THS VOTE: YES D NO ~
SUM.MARY
In 2006, multi-family revenue bonds were refunded utilizing a variable rate mode. Due to tax
law restrictions, the bonds could not be tax-exempt, but could be converted to tax-exempt status
at a particular date. The City is now proceeding with the conversion of the City of Chula Vista
Variable Rate Demand Multifamily Housing Revenue Refunding Bonds to tax-exempt. The City
Council is asked to adopt a resolution approving the conversion of the bonds to tax-exempt status
and authorizing the remarketing 0 f the bonds as tax -exempt.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed activity for compliance with the
California Environmental Quality Act (CEQA) and has determined that the activity is not a
"Project" as defmed under Section 15378(b)(4) of the State CEQA Guidelines; therefore, pursuant
to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no
further environmental review is necessary.
RECOMMENDATION
Adopt the resolution.
BOARDS/COM.l\1ISSION RECOMMENDATION
Not Applicable
4-1
SEPTEMBER 16, 2008, Item---=L
Page 2 of2
DISCUSSION
In November, 1998, the City of Chula Vista issued two series of Multifamily Housing Revenue
Bonds-(the Prior Bonds) in total aggregate principal amount of $43,000,000, to finance a 440-
unit multifamily housing project known as Teresina Apartments, which is currently owned by
EQR - Teresina Limited Partnership, a Delaware limited partnership (the Borrower). In
connection with the issuance of the Prior Bonds, the City Council approved the issuance of the
Prior Bonds pursuant to Section 147(1) of the Internal Revenue Code of 1986, after a public
hearing following reasonable public notice.
In April 2006, the City issued its Variable Rate Demand Multifamily Housing Refunding
Revenue Bonds, Series 2006A, in the aggregate principal of $37,940,000 (the Refunding Bonds),
in order to refund all outstanding Prior Bonds and pay a portion of the costs of issuing the
Refunding Bonds. Due to tax law restrictions, the Refunding Bonds could not be tax-exempt
until October 3,2008. The Borrower now wishes to convert the Refunding Bonds to tax-exempt
bonds pursuant to the terms and conditions set forth in the Trust Indenture, by and between the
City and U.S. Bank National Association, as trustee, dated as of April I, 2006. The maturity of
the Refunded Bonds was extended beyond the maturity of the Prior Bonds, necessitating
approval by the City Council pursuant to Section 147(1) of the Internal Revenue Code of 1986
(Tax and Equity Fiscal Responsibility Act or TEFRA hearing).
Adoption of the resolution approves the conversion of the Refunding Bonds to tax-exempt
bonds, authorizes the remarketing of the Refunding Bonds as tax-exempt bonds and authorizes
certain officers of the City to execute all related documents necessary in the conversion.
DECISION MAKER COl'<""FLICT
Staff has reviewed the property holdings of the City Council and has found no property holdings
within 500 feet of the boundaries of the property which is the subject of this action.
FISCAL IMP ACT
Bond fmancing is a self-supporting program with the owner responsible for the payment of all
costs of issuance and other costs and repayment of the bonds. The bonds are secured by the
project and will not constitute a liability to or obligation of the City.
Prepared by: Amanda Mills, Redevelopment & Housing Manager, Redevelopment & Housing
4-2
RESOLUTION NO. 2008 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA PURSUANT TO SECTION I47(F)
OF THE INTERNAL REVENUE CODE APPROVING
THE CONVERSION OF TAXABLE BONDS ISSUED
BY THE CITY OF CHULA VISTA FOR TERESINA
i\.PARTMENTS TO TAX EXEMPT STATUS A1~D
APPROVING THE MATURITY DATE THEREOF
WHEREAS, Chapter 7 of Part 5 of Division 31 of the Health and Safety Code of
the State of California (the "Act") authorizes cities to finance the acquisition, construction
and development of multifamily rental housing for persons and families meeting the
income limitations contained in the Act;
WHEREAS, in November, 1998, pursuant to the Act, the City of Chula Vista,
California (the "City") issued Multifamily Housing Revenue Bonds, Series 1998A
(Gateway TO'<VTI Center) (the "Series 1998A Bonds") and Subordinate Multifamily
Housing Revenue Bonds (Gateway Town Center), Series 1998B (the "Series 1998B
Bonds" and, together with the Series 1998A Bonds, the "Prior Bonds") in total aggregate
principal amount of $43,000,000, to finance a 440-unit multifamily housing project
known as "Teresina Apartments" located at the southwest corner of East Palomar Street
and La Media Road (the "Project"), which is currently o'<Vued by EQR - Teresina
Limited Partnership, a Delaware limited partnership (the "Borrower"); and
WHEREAS, in connection with the issuance of the Prior Bonds, the City Council
of the City (the "City Council") approved the issuance of the Prior Bonds pursuant to
Section 147(1) of the Internal Revenue Code of 1986 (the "Code"), after a public hearing
following reasonable public notice; and
WHEREAS, pursuant to the provisions of Article 11 of Chapter 3 of Part 1 of
Division 2 of Title 5 of the Government Code of the State of California (the "Refunding
Law"), on April 27, 2006, the City issued its Variable Rate Demand Multifamily Housing
Refunding Revenue Bonds (Teresina Apartments), Series 2006A, in the aggregate
principal of S37,940,000 an a final maturity date of May 15, 2036 (the "Refunding
Bonds"), pursuant to the Trust Indenture, by and between the City and U.S. Bank
National Association, as trustee (the "Trustee"), dated as of April 1, 2006 (the
"Indenture"); and
WHEREAS, the proceeds of the Refunding Bonds were used to refund all
outstanding Prior Bonds and pay a portion of the costs of issuing the Refunding Bonds;
and
WHEREAS, the Refunding Bonds were initially issued as taxable bonds, which,
pursuant to the terms and conditions set forth in Section 2.19 of the Indenture, may be
converted to tax exempt bonds on a date 88 days prior to December 30, 2008 (the
"Effective Date"); and
1
4-3
WHEREAS, in order for interest on the Refunding Bonds to be tax-exempt,
Section 147(f) of the Code requires approval by the City Council of the issuance of the
Refunded Bonds, the maturity date of the Refunding Bonds of May 15, 2036 (the
"Maturity Date"), and the conversion of the Refunding Bonds to ta'{-exempt bonds after a
public hearing following reasonable public notice; and
WHEREAS, notice of a public hearing with respect to the proposed issuance of
the Bonds was published in a newspaper of general circulation in the City on August 29,
2008; and
WHEREAS, the hearing was held on September 16,2008, and an opportunity was
provided for interested persons to express their views on the issuance of the Refunding
Bonds, the maturity date of the Refunding Bonds of May 15, 2036 (the "Maturity Date"),
and the conversion of the Refunding Bonds to tax-exempt bonds; and
NOW THEREFORE BE, IT RESOLVED by the City Council of the City of
Chula Vista as follows:
1. The above recitals, and each of them, are true and correct.
2. The City Council of the City ofChula Vista, pursuant to Section 147(f) of
the Code, hereby approves the Maturity Date of the Refunding Bonds and the conversion
ofthe Refunding Bonds to tax-exempt bonds.
3. The remarketing of the Refunding Bo,nds as tax-exempt bonds on the
Effective Date is hereby authorized pursuant to the tenus and conditions set forth in the
Indenture.
4. All actions heretofore taken by the officers and agents of the City with
respect to the sale and issuance of the Refunding Bonds and the conversion of the
Refunding Bonds to tax-exempt bonds are hereby approved, confirmed and ratified. The
Mayor, the City Manager, the Deputy City Manager, the Finance Director, the City
Attorney, and their designees, are hereby authorized and directed, for and in the name
and on behalf of the City, to do any and all things and take any and all actions and
execute and deliver any and all certificates, agreements and other documents, which they,
or any of them, may deem necessary or advisable in order to consummate the lawful
remarketing of the Refunding Bonds as tax-exempt bonds in accordance with this
Resolution in accordance with the terms of the Indenture and other documents relating to
the Refunding Bonds.
5. If any section, paragraph or provision of this Resolution shall be held to be
invalid or unenforceable for any reason, the invalidity or unenforceability of such section,
paragraph or provision shall not affect any remaining provisions of this Resolution.
2
4-4
6. This Resolution shall take effect immediately upon its adoption.
Presented by Approved as to form by
Eric Crockett
Assistant Director of Redevelopment and Housing
4-5
db d d i1
/-. .p j JA N..,-,.,/ D tk~
Bart Miesfeld V
Interim City Attorney
,
~
CITY COUNCIL
AGENDA STATEMENT
:$~f:. CITY OF
..... ,,~ (HULA VISTA
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
c
9/16/08, Item~
PUBLIC HEARING - CONSIDERATION OF At\1ENDING UTILITY
UNDERGROUNDING DISTRICT NO. 133 ALONG FOURTH
AVENUE FROM L STREET TO ORANGE AVENUE TO INCLUDE
FIVE ADDITIONAL PARCELS AND DELETE ONE PARCEL
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AMENTIING THE BOUNDARlES OF UTILITY
UNDERGR01JNDING DISTRICT NO. 133 ALONG FOURTH
AVENUE FROM L STREET TO ORANGE AVENUE TO INCLUDE
PARCELS APN 618-400-1.1, 619-010-21, 618-190-44, 619-211-21
MID 619-211-20 AND TO DELE@EPCELAPN618-270-41
DIRECTOR OF ENGINEERING
CITYMANAGER_.L~ j ( rr
ASSISTANT CIT/IKl'f~ "'? !
4/5THS VOTE: YES D NO ~
SUMMARY
The Utility Undergrounding District on Fourth Avenue from L Street to Orange Avenue was
originally established in 2001. During the final design and construction process, San Diego Gas
and Electric determined that it would be desirable to include five adjacent parcels that were not
included within the boundaries of the original district. Staff recommends that the boundaries of
the district be modified to include these additional parcels.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed project for compliance with
the California Environmental Quality Act (CEQA) and has determined that the project qualifies
for a Class 2(d) categorical exemption pursuant to Section 15302 [Replacement or
Reconstruction] of the State CEQA Guidelines involving the conversion of overhead utility
distribution system facilities to an underground system. Thus, no further environmental review
IS necessary.
RECOMMENDATION
Council conduct the public hearing and adopt the resolution.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
5-1
r
9/16/08, Item~
Page 2 of3
DISCUSSION
On December 17, 2001 the City Council approved Resolution 2001-445 declaring the City's
intention to underground overhead utilities along Fourth Avenue from L Street to Orange
A venue and setting a public hearing for the formation of Utility Underground District Number
133 for January 22, 2002. During the process of establishing the district, City staff members
walked around the area with San Diego Gas and Electric (SDG&E) personnel and identified 67
properties that would have all or a portion of their overhead utilities placed underground.
District boundaries were established to include these properties. Notices of the public hearing
were subsequently sent to these property owners, as well as residents and other property owners
in the vicinity of the project. The public hearing was conducted on January 22, 2002 and
Council adopted Resolution 2002-020 establishing Underground Utility District No. 133 along
Fourth Avenue, from L Street to Orange Avenue, and authorizing the expenditure of utility
allocation funds to subsidize private laterals (Attachment 1).
Staff again reviewed the design plans for the utility undergrounding prepared by SDG&E in
2006. No additional affected properties were identified at that time. Subsequently, on May 22,
2007, the City Council approved Resolution 2007-116 setting June 15,2007 as the date by which
. property owners shall be ready to receive underground utility service (Attachment 2). The
resolution also authorized private utility service laterals to be constructed as part of the
undergrounding district. This new process is an improvement for both Chula Vista property
owners and City staff. Under the previous policy, the individual property owners would need to
obtain a contractor, pay for the installation of laterals and later request reimbursement from the
City. Additionally, City staff had been required to wait as long as a year for the property owners
to install their portions of the utility lines. Signific3flt staff costs had been expended in
inspections and following up with non-compliant property' owners.
During the design process, SDG&E determined that the property located at 1196 F ourth Avenue
(APN 618-270-41-00), which was included within the original district boundaries, should not be
included in the undergrounding process. This property is being served by a pole on Oxford
Street, which is outside the district and also serves properties on Oxford Street that are outside
the district. Since it was not shown on SDG&E's design plans, the property owners did not
receive a mailing for the Council agenda item on June 15, 2007. It is therefore recommended
that this property be removed from the district boundaries.
Late in 2007, during the construction process, SDG&E determined that five additional properties
should be included in the undergrounding district. The reasons for adding these properties are as .
follows:
1. 970 Fourth Avenue (APN 618-400-11 ): The pole that serves this property will be
removed as part of the undergrounding district.
2. 396-398 Moss Street (APN 619-010-21); This property includes two dwelling units on
one parcel and is located at the intersection of Fourth Avenue and Moss Street. The
pole serving this property is on the boundary of the district. This property should have
originally been included in the district since the neighboring properties on Fourth
A venue are in the district.
5-2
9/16/08, Iteml
Page 3 of 3
3. 1098 Fourth Ave. L"J'N 618-190-44): The service for this residence is connected to a
wire that is going to be removed as part of this district. In order to continue to receive
electric service, it must be undergrounded.
4. 1225 Fourth Ave. L"J'N 619-211-21): The pole serving this property has wires serving
properties in two directions. In order to remove this pole from Fourth Avenue, SDG&E
decided to underground the utilities serving this property.
5. 1227-1229 Fourth Ave. (APN 619-211-20): This includes two dwelling units on one
parcel. Comments are the same as for #4 above.
Public hearing notices were mailed to the six affected property owners on August 28, 2008 in
accordance with Section 15.32.130 of the Chula Vista Municipal Code. A notice of the public
hearing has also been published in the Chula Vista Star News.
SDG&E has completed much of the underground work at all these properties. The remaining
work at these locations includes drawing wire through the conduit, making the connection at the
meter panel, activating the underground service and removing the overhead service. Upon
Council approval of this resolution adding these properties to the District, staff will pursue
Permits to Enter these properties in order to complete this work. Additionally, since the
resolution of district formation and district map are required to be recorded in the office of the
County Recorder, a revised boundary map including the five properties is attached to the
resolution and will be recorded (Exhibit A).
SDG&E has estimated that cable installation will be complete in November. The work necessary
to complete the individual service laterals is anticipated to begin in September and be completed
in December. At that time, the underground service will be energized. It is estimated that the
overhead electric cables will be removed by January 31,2009.
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found a conflict exists, in
that Councilmember Rudy Ramirez has property holdings within 500 feet of the boundaries of
the properties which are the subjects of this action.
FISCAL IMPACT
The cost of constructing the individual service laterals is estimated by SDG&E at $1500 each,
with a total cost of $7500. This cost will come out of the City's 20A allocation from SDG&E,
which must be spent on utility under grounding. The City's General Fund "ill not be affected.
ATTACHMENTS
Attachment I. Resolution 2002-020
Attachment 2. Resolution 2007-116
Exhibit A: Revised Boundary Map
Prepared by: Elizabeth Chopp, Senior Civil Engineer, Engineering Department
M:\Engineer\AGENDA\CAS2008\09-09-08\Fourth Ave Undergrounding Amend alt.doc
5-3
ATTACHMENT 1
RESOLUTION NO. 2002-020
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA V1STA ESTABLISHING UNDERGROUND UTILITY
DISTRICT NO. 133 ALONG FOURTH A VENUE, FROM "L"
STREET TO OR.-'\NGE AVENUE, ANTI AUTHORlZlNG THE
EXPENDITURE OF UTILITY ALLOCATION FUNDS TO
SUBSIDIZE PRlV ATE SERVlCE LATERAL CONVERSION
WHEREAS, by Resolution No. 2001-445, a public hearing was called for 6:00 p.m. on
Tuesday, the 22nd day of January, 2002, in the Council Chambers of the City of Cbula Vista at
276 Fourth Avenue, to ascertain whether the public health, safety or welfare requires the removal
of poles, overhead wires and associated overhead structures and the underground installation of
wires and facilities for supplying electric, communication or similar or associated service within
that certain area of the City more particularly described as follows:
All that property lying along Fourth Avenue from "L" Street to Orange Avenue
and enclosed within the boundary as shown on the plat attached hereto as
Attachment" A" of subject Underground Utility District.
WHEREAS, notice of such hearing has been given to all affected property owners as
shown on the last equalized assessment roll, and to the utility companies concerned in the.
manner and for the time required by law, and
WHEREAS, such hearing bas been duly and regularly held, and all perscos interested
have been given an opportunity to be heard.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista hereby finds and determines that the public health, safety and welfare requires the removal
of poles, overhead wires and associated structures, and the underground installation of wires and
facilities for supplying electric, communication or similar associated services, the above
described area is hereby declared an Underground Utility District, and is designated as such in
the City of Cbula Vista. Attached hereto, marked Exhibit "A," and incorporated herein by
reference is a map delineating the boundaries of said District.
BE IT FURTHER RESOLVED that the City Council shall, by subsequent resolution, fix
the date on which affected property owners must be ready to receive underground service, and
does hereby order the removal of all poles, overhead wires and associated overhead structures
and the underground installation of wires and facilities for supplying electric, communication or
similar associated service within said Underground Utility District.
BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to notify all
affected utilities and all persons owning real property within said Underground Utility District of
the adoption of this resolution within fifteen days after the date of said adoption. Said City Clerk
shaH further notify said property owners of the necessity L'1al, if they or any person occupying
5-4
Resolution 2002-020
Page 2
such property desires to continue to receive electric, communication or other similar or
associated service, they, or such occupant shall, by the date fixed in a subsequent resolution
provide all necess"-'}' facility changes on their premises so as to receive such service from t~e
lines of t':1e supplying utility or utilities at a new location, subject to the applicable rules,
regulations and tariffs of the respective utility or utilities on file with tbe Public Utilities
Commission of tbe State of California as of the date of adoption of this resolution. Such
notification shall be made by mailing a copy of tbis resolution to affected property owners, as
shown on tbe last equalized assessment roll and to the affected utility companies.
BE IT FURTHER RESOLVED tbat the City Council hereby finds that the Underground
Utility District herein created is in the general public interest for the following reasons:
1. F ourth Avenue is a major north/soutb thoroughfare in the western portion of Chula Vista.
The undergrounding of existing overhead utilities will contribute to the creation of an
aesthetically pleasing major street.
2. The segment of Fourth Avenue is classified in the General Plan's Circulation Element as
a Class I Collector street.
3. Undergrounding has been completed on FourJ! Avenue from the north City limit to "H"
Street, a distance of 1.25 miles.
4. Undergrounding construction work is currently lit progress along Fourth Avenue, from
"H" Street to "L" Street, a distance of one mile.
5. W1ten completed, this ll."!dergrounding district will make the proposed district an
extension of an undergrounded section 3.5 miles in lengt.':1.
BE IT FlJRTHER RESOLVED that the City Council does hereby authorize the use of
approximately $1,150,000 in utility allocation funds to cover the cost of poie removal,
undergrounding overhead facilities, and private property conversion reimbll."sements.
Presented by
Approved as to form by
9d-! 1ir
JohrlP. Lippitt
Public Works Director
~K-/
Jo l. Kaheny 0
y Attorney
5-5
Resolution 2002-020
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, Lllls 22'd day of January, 2002, by the following vote:
AYES: Councilmembers:
Davis, Padilla, Rindone, Salas and Horton
NAYS: Councilrnembers:
None
ABSENT: Councilrnembers:
None
~~~J~l
Shir ey Horto yor
ATTEST:
~J 1/1. ,/-3'q-, p "'.
Susan Bigelow, City Clerk
STATE OF CALlFOR1'11A )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
L Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2002-020 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 22nd day ofJanuary, 2002.
Executed this 22'. day of January, 2002.
- --,1, j 6-c. ~ '{.J....c-
Susan Bigelow, City Clerk
5-6
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Utilities affected
E: 8ectricaJ
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C: Cable
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UTIUTY UNDERGROUND DISTRICT NO. 133
FOURTH AVE, L STTO ORANGE AVE
BOUNDARY MAP
EXHIBIT "A"
~Vt-
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OftJLo\ V1.5""iA
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5-7
ATTACHMENT 2
RESOLUTION NO. 2007-116
RESOLUTION OF THE CITY COUNClL OF THE CITY OF
CHULA VISTA SETTING JUNE 15, 2007 AS TI1E DATE BY
WHICH PROPERTY O\VNERS WITHIN l..JNDERGROUNu
DISTRlCT NO. 133 ALONG FOURTH A VENUE FROM L
STREET TO ORANGE A VENUE SHALL BE READY TO
RECENE UNDERGROT.J]\Iu UTILITY SERVICE, SETTING
DECEMBER 31, 2008 AS THE APPROXlMA.TE DATE BY
\l,'HICH POLES, OVERHEAD WIRES AND ASSOCIATED
OVERHEAD FACILITIES ARE REMOVED WITHIN THE
DlSTRlCT, AUTHORlZING THE INCREASE OF UTILITY
ALLOCATION fUNDS TO APPROXIMA.TELY 52,967,000, AND
AUTI10RlZING PRJVATE UTILITY CONNECTIONS TO BE
CONSTRUCTED AS PART OF THE DISTRJCT
\!/HEREAS, on January 22, 2002, the City Council, pursuant to Resolution No. 2002-
020, established Underground Utility District No. 133 along Fourt.o Avenue from L Street to
Orange Avenue and authorized the expendirore of approximately $1,150,000 in Utility
Allocation Funds to cover the cost of pole removal, undergrounding overhead facilities, and
private property conversion reimbursements; and
WHEREAS, on November 22, 2005, Council accepted a report by staff on utility
undergrounding pro~-a."i! funding and priorities which r,,~sed the cost estimate for District 133
to S2,967,000; and
\l,'HEREAS, pu!'Suant to Section 15.32.150 of the Chula Vista Municipal Code, Council
shall, by resolution, set the date upon which property owners in an underground utility disuict
must be ready to receive underground se",ice and loe date by which poles, overhead wires and
associated overhead structures shall be removed.
NOW, THEREFORE, BE IT RESOLVED by the City Council cfloe City ofChula Vista
as foliows:
1. That it sets June 15, 2007 as the date by which property owners within Underground
Disuict No. 133 along Fourt.h Avenue from L Street to Orange Avenue shall be ready to
receive underground utility serv"ice.
2.. That it sets December 31, 2008 as t.oe approximate date by which poles, overhead ",ires
a11d associated overhead sl"Uctures within Undergrow'1d District No. 133 along Fourth
A venue from L Street to Orange Avenue shall be removed.
3. That it authorizes the increase of Utility Allocation Funds to approximately S2,967,000.
4. That it aut.oorizes private utiEry connections to be constructed as pan oftha District.
5-8
Resoiution No. 2007-116
Page 2
Presented by
Approved as to form by
~
Scott Tulloch
Acting Assistant City Manager/City Engineer
~\\1',^ ~ \\\.'(~ ~
Ann Moore
City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California. this 22nd day of May 2007 by the following vote:
A YES: Councilmernbers:
Castaneda, McCann, Rindone, and Cox
NAYS: Councilmernbers:
None
ABSENT: Councilrnembers:
None
ABSTAIN: Councilrnembers:
Ramirez
Cheryl ~~
ATTEST:
~~.J:~
f Susan Bigelow, MI0C, City Clerk
STATE OF CALIFORNLA )
COUNTY OF SAN DIEGO )
Crr! OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California. do hereby certify that the foregoi.,cg
Resolution No. 2007-116 was duly passed, approved, and adopted by the Cicy Council at a
regular meetlng of the Chula Vista City COW1cil held on the 22nd day of May 2007.
Executed this 22nd day of May 2007.
~L<a -t/'N)/
~,Susan Bigelow, rv(MC, City Clerk
5-9
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5-10
"A"
RESOLUTION NO. 2008-
RESOLUT[ON OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA A!vIEND01G THE
BOUNDARIES OF UTILITY UNDERGROL'ND01G
DISTRICT NO. IJJ ALONG FOURTH AVENUE
FROM L STREET TO ORA,NGE A VEN1JE TO
INCLUDE PARCELS APN 618-400-11, 619-010-21,
618-190-4-1, 619-211-21 AND 619-211-20 AND TO
DELETE PARCEL APN 618-270--11
WHEREAS, on December 17, 2001, the City Council adopted Resolution No. 2001--1-15
,kcb'ing the Citv's intent to unckrgroul,cl overhead utilities along Fourth Avenue from L Street
t() Orange A',enue and setting a public hearing tal' the !amlation of Utility Undergrounding
District No. I JJ on January 22,2002; and
WHEREAS, a public hearing was conducted on January 22, 2002 and the City Council
adopted Resolution No, 2002-020 establishing Utility Undergrounding District No. IJJ; and
WHEREAS, pursuant to Resolution No,2002-020, the City Council faund that
establishing Utility Undergrounding District No. 133 was in the general public interest because
Fourth A venue is a major north/south thoroughfare in the westem portion of Chula Vista and the
Lllld'crgroullcling of existing overhead utilities would contribute to the creation of an aesthetically
pleaSing maiol' stred, the segment ot' Fc>urth Avenue is classitied in the General Plan's
Circulation E!ement as a Class I Collector street, and u~,dergrounding had been completed on
fc'urth Avenue tl'om the north City limit to "H" Street. among other reasons; and
WHEREAS, a cenitled copy ot- Resolution 2002-020 was recorded in the Office of the
County Recorder; and
WHEREAS, on May 22, 2007, the City Council adopted Resolution 2007-116 setting
June 15,2007 as the date by which propeliy owners were to be reacly to receive undergrouncling
sen'iCt:; and
WHEREAS, during the design process tar District No, 133, San Diego Gas and Electric
(SDG&E) detellllinecl that one property should be deleted from the District because it cloes not
receive power from a pole on Fourth Avenue; and
WHEREAS, during the construction process, SDG&E detennined that five properties
that were not included within the original District boundaries should be included in Utility
Unclergrouncling District No. 133,
5-11
NOW, THEREFORE, BE IT RESOLVED by the City COlmcd of the City ofChula Vlsta
as follows:
I. That it finds that the public health, safety or general welfare requires the removal of
poles, overhead wires and associated overhead stmctures and underground
installation of wires and facilittes for supplying electric, communication, community
antenna television or similar or associated service for Parcels APN 618-400-11, 619-
010-21, 618-190-44, 619-2l1-21, and 619-211-20 because Fourth Avenue is a major
north/south thoroughfare in the western portion of Chula Vista and the
undergrounding of existing overhead utdities for those properties will contribute to
the creatlon of an aesthetically pleasing major street, the segment of Fourth A venue is
classilied In the General Plan's Circulation Element as a Class I Collector street. and
LLndergrounding has been completed on Fourth AVel1Lle from the north City limit to
""H"" Street.
7
Tha[ it amends the boundarles of Utility Undergrounding District No 133 along
Fourth A venue from L Street to Orange Avenue to lnclude Parcels APN 618-400-11,
619-0 I 0-21, 618-190-44, 619-211-21 and 619-211-20 and to delete Parcel APN 618-
270-41 as depicted on the attached map. marked Exhibit ""A", and incorporated into
thts Resolution by this reference.
3. That It directs the Cltv Clerk to cause a certilied copy of this Resolution and the
attached Exhibit ""A" to be recordeclln [he Office of the County Recorder.
Presented by
Apprqved as to fonn by
R.A. Hopkins
Dil'ector of Engineering
c! L3-<"> tl
Bart Miesfeld
Interim City Attomey
/l
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5-12
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5-13
CITY COUNCIL
AGENDA STATEMENT
~{:. CITY OF
-- (HUlA VISTA
SEPTEMBER 16, 2008, ltem~
ITEM TITLE:
PRESENTATIONS BY PROPONENTS AND OPPONENTS
REGARDING A NOVEMBER 2008 BALLOT INITIATIVE
ENTITLED "THE PORT OF SAN DIEGO MARINE
FREIGHT pRESERV A TION AND BA YFRONT
REDEVELOPMENT INITIATIVE" ~Qi1'0
DENNY STONE, ECo.N~MIC p.EVELOPMENT OFFICERV"
CITY MANAGER ~~y
'\ 4/5THS VOTE: YES D NO 0
SUBMITTED BY:
REVIEWED BY:
SUJ\iIMARY
Representatives of the proponents and opponents of, the November 4, 2008 General
Election Ballot Initiative entitled 'The Port of San Diego Marine Freight Preservation
and Bayfront Redevelopment Initiative" have been invited to present information on the
initiative. Staff has requested that the representatives limit any formal remarks and/or
presentations to approximately 10 minutes and that they be prepared to answer any
questions Councilmembers have regarding the initiative.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed actlVlty for
compliance with the California Environmental Quality Act (CEQA) and has determined
that the activity is not a "Project" as defined under Section 15378 of the State CEQA
Guidelines because it involves only a presentation on the initiative; therefore, pursuant to
Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA.
Thus, no environmental review is necessary.
RECOMMENDA nON
Council consider the presentations of the proponents and opponents of the initiative and
determine if Council wishes to take a position on the initiative.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
6-1
SEPTEMBER 16, 2008 Iteml
Page 2 of3
DISCUSSION
At its May 6, 2008 Board Meeting, the Unified Port of San Diego Board of
Commissioners (Port Board) adopted a resolution opposing a proposed ballot initiative.
entitled "The Port of San Diego Marine Freight Preservation and Bayfront
Redevelopment Initiative".
Proponents of the initiative propose to amend the San Diego Unified Port District (Port
District) Master Plan to provide for the redevelopment of the Tenth Avenue Marine
Terminal (TAMT). The Initiative's proponents circulated an initiative petition and
submitted signatures to the County Registrar of Voters.
Following the County Registrar of Voters' certification of the initiative's pel1tlOn
signatures, on August 5, 2008 the Port Board adopted resolutions 1) accepting
certification of the sufficiency of signatures by the County Registrar of Voters, 2)
requesting that the County Registrar of Voters place the initiative on the November 4,
2008 General Election ballot for the five port member cities (San Diego, Chula Vista,
National City, Coronado and Imperial Beach), and 3) appropriating necessary funds for
placement of the initiative on the ballot.
On August 5, 2008, the Port filed a lawsuit to block the initiative, asserting that attempts
by private development interests to use the initiative process to redevelop the T AMT
were unlawfuL On September 4, 2008, Superior Court Judge Ronald Styn ruled against
the Port. The Port appealed the decision and the appeal was denied.
As amended at a special August 19,2008 meeting of the Port Board, the ballot language for
the initiative will read "Shall the San Diego Unified Port District Master Plan be amended to
require commercial development of the Tenth Avenue Marine Terminal on an
approximately 96-acre maritime cargo complex located on the waterfront near downtown
San Diego, south of the Convention Center and north of the San Diego-Coronado Bay
Bridge?"
The City Council may not expend or authorize the expenditure of any City funds to support
or oppose the approval or rejection of a ballot measure by the voters. However, City funds
may be used to provide information to the public about the possible effects of a ballot
measure on the activities, operation or policies of the City if the information provided
constitutes an accurate, fair, and impartial presentation of relevant facts to aid the voters in
reaching an informed judgment regarding the ballot measure. The City Council may go on
record at a regular City Council meeting in favor or opposed to a particular ballot measure.
Such an endorsement is not an improper expenditure of public funds.
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Councilmembers and has found no
property holdings within 500 feet of the boundaries of the property which is the subject
of this action.
6-2
SEPTEMBER 16, 2008 Item &
Page 3 of 3
FISCAL IMP ACT
There are no direct fiscal impacts to the City as a result of the presentations.
ATTACHMENTS
1. The Port of San Diego Marine Freight Preservation and Bayfront Redevelopment
Initiative (16 pages)
2. San Diego Unified Port District Board of Commissioners, May 6, 2008 Agenda
Item 26 Staff Report (4 pages)
3. Tenth Avenue Marine Terminal, Aerial Photo (undated, 1 page)
6-3
AiTACHMENT 1
INITL<\ TIVE MEASURE TO BE SUB1\HTTED DIRECTLY TO THE VOTERS
To the Honorable Board of Commissioners of the San Diego Unified Port District:
We, the undersigned and qualified voters of the San Diego Unified Port District, hereby propose an initiative
measure as set forth below to amend the Port Master Plan and to provide for the redevelopment of the Tenth A venue
Marine Terminal and surrounding area. We request that the proposed measure immediately be adopted by the Board of
Port Commissioners without change, or that it be submitted to the voters of the San Diego Unified Port District at the
earliest regular or special election for which this petition qualifies pursuant to the California Elections Code and other
applicable laws.
The text of the proposed measure is set forth below and on subsequent pages.
THE PORT OF SAN DIEGO MARINE FREIGHT PRESERVATION
AND BA YFRONT REDEVELOPMENT INITIATIVE
The People of the San Diego Unified Port District do ordain as follows:
Section 1. Title
This initiative shall be known and may be cited as "The Port of San Diego Marine Freight Preservation and
Bayfront Redevelopment Initiative."
Section 2,
Findings and Purposes
The People of the San Diego Unified Port District find and declare:
A, SummarY of Measure. The San Diego Bay tidelands under the jurisdiction of the San Diego Unified Port
District constitute a unique and valuable resource for the citizens of our community, The approximately 100-acre Tenth
Avenue tv1arine Terminal and the surrounding area are currently aging and underutilized, threatening the long-term survival
of maritime freight activities. In order to preserve the marine freight facilities and related employment opportunities, as
well as to maximize the commercial, recreational, environmental, and financial benefits of this property for residents,
businesses, and visitors, this initiative amends the Port Master Plan to establish maritime freight as a priority use on the site,
permits other uses that support marine freight activities, and establishes a framework for the redevelopment of this area
through a cooperative partnership of public and private entities affected by the project.
B, No New Taxes. This initiative prohibits the use of any existing general tax revenues and the imposition
of any new taxes upon the general public.
C. Increase Public Access, This initiative will significantly increase public access to the Port and to the San
Diego bayfront for residents and visitors.
D, Protect Environmental Oualitv. Promote Sustainable Desim, This initiative requires that redevelopment
of the Tenth Avenue Marine Terminal will incorporate renewable and sustainable designs, will provide environmental
safeguards, and will protect air and water quality.
E, Create New Jobs and Tax Revenues, The redevelopment project will create thousands of new jobs and
generate millions of dollars in new tax revenues. The measure will encourage new investment in the modernization of
marine freight facilities and the development of new marine freight business, and will provide new recreational and visitor.
serving activities that will transform this underutilized site into a commercial and public attraction.
F. Increase Parking and Imorove Traffic Circulation, The redevelopment project will add acres of new
parking and will include improvements to the existing road and highway infrastructure, easing traffic congestion in the area.
It will provide parking for the new activities at the Tenth Avenue Marine Terminal and provide additional parking for
nearby activity centers such as the San Diego Convention Center.
6-14
G. Pennit New Recreational and Cultural Attractions. Uses supportive of the priority marine freight
operations may include, but would not be limited to, recreational and visitor-serving facilities. Supported uses under the
measure could include an aquarium, a cruise ship terminal, parks and other open-space facilities -- including bike paths and
pedestrian walkways -- an amphitheater or arena for large meetings, concerts and sports events, and other entertainment and
visitor-serving accommodations such as hotels, restaurants, and specialty shopping areas.
H. Advance Port Safetv and Securitv. The safety and security of the Port and its users will be a paramount
consideration in the redevelopment of the Tenth Avenue Marine Tenninal. The initiative mandates that the project be
designed in consultation with federal, state, and local law enforcement authorities and that it comply with all applicable
maritime security requirements.
Section 3,
Amendment of Port Master Plan
The Unified Port of San Diego Port Master Plan is hereby amended as described below. Added language is
underscored; deleted language is in strikeout; no changes are made to language that is in regular typeface or is not set forth
in the text below.
1. Amendments to Section III, Master Plan Interpretation
a, Table 4, titled "Port Master Plan Land and Water Use Allocation Summary:' found on page 12 of the
Port Master Plan, is amended to add "Multi-Use Maritime District" as a distinct "Industrial" land use classification and to
make the corresponding acreage adjustments in the land use allocation summary, as shown in the amended Table 4 attached
hereto as Exhibit 1.
b. The "Master Plan Interpretation" subsection of the "Commercial Uses" section, found on page 17 of the
Port Master Plan, is amended to read as follows:
Commercial areas, occupying approximately 360 acres of land and 415 acres of water, have been
designated in the Land and Water Use Master Plan Map in a total of seven major land and water use
classifications. These classifications and map delineations include land area for airport oriented
commercial activities; land area for commercial fishery operations along with commercial fishing fleet
berthing in water areas; land based commercial-recreation areas;!water areas for sportfishing berthing and
recreational marinas including boat repair facilities, Existing and proposed commercial areas are
delineated on the Map to define the general location of commercial areas. More definitive delineations of
the exact limits of commercial areas are provided on Planning District maps. Althoull'h not formallv
deslll'nated and delineated as a commercial area the Tenth Avenue Marine Terminal Multi-Use Maritime
District a]~o oennit~ and encourages commercial-recreational activities as mnnortive uses to the nrioritv
marine related industrial uses authori7.ed for that area
c. The "Master Plan Interpretation" subsection of the "Industrial Uses" section, found on page 23 of the Port
Master Plan, is amended to read as follows:
Industrial areas have been designated on the overall Master Plan Land and Water Use Element Map in
four classifications;; land area for Marine Related Industry, and corresponding water areas for Specialized
Berthing; land areas for Aviation Related Industrial activities; and land area for Industrial-Business Park
development. Marine Terminals, as a distinct use classification, ha~ been delineated in the Precise
Plans; however, in the overall plan, tenninals are grouped into the Marine Related Industry category.
Similarlv the Tenth Avenue Marine Termlnal Multi-Use Maritime Di-:trict has been delineated a-: a
distlnct use classification in the Precise Plan for Planninll' Dlstrict 4 but is included withl" the Marine
Related Indmtrv catelJ'orv in the overall olan The Land and Water Use Element Map illustrates the
allocation of industrial areas consisting of approximately 186 acres of water and 1,18 I acres of land.
d, The "Marine Related Industry" subsection of the "Industrial Uses" section, found on pages 23-24 of the
Port Master Plan, is amended to read as follows:
Marine Related Industry requires sites within close proximity to water bodies due to functional
dependencies on the industrial activity for direct access or for linkages to waterborne products, processes,
raw materials or large volumes of water. Prime waterfront industrial sites are in relatively short supply
and it is the intent of this Plan to reserve these sites for Marine Related Industry.
The primary users of marine related industrial areas are dependent upon large ships, deep water and
6-<5
specialized loading and unloading facilities, typically associated with shipbuilding and repair, processing
plants and marine terminal operations. Industries linked to these primary industrial activities can be
clustered together to capitalize on the benefits of reduced material handling costs, reduced ansite storage
requirements, faster deliveries, and a reduction of industrial traffic on public roads.
Existing, established marine-oriented industrial areas that have been devoted to transportation, commerce,
industry and manufacturing are encouraged to modernize and to construct necessary facilities within these
established areas in order to minimize or eliminate the necessity for future dredging and filling in new
areas. However, expansion into new areas can be accommodated if existing sites are pre-empted by other
uses, alternative locations are infeasible, and a curtailment of the project would adversely affect the
public welfare.
Activities suitable for the marine related industrial area include, but are not limited to, marine terminals,;
passenger tenninals; railroad switching and spur tracks; cargo handling equipment such as bulkloader and
container crane; berthing facilities; warehouses, silos, fueling facilities; bulk liquid storage tanks and
pipelines; shipping offices and custom facilities; power generation plants; ship building, repair and
conversion yards; marine rails, lifts and graving docks; steel fabrication and foundry; storage, repair and
maintenance of marine machinery and construction equipment; kelp and seafood processing, canning and
packaging; aquaculture; and marine related support and transportation facilities.
1\lthough commercial rnariculture uses relating to seafood production are not presently established on the
bay, research and experimentation, which has been conducted in the region as well as on the bay,
indicates that warm water stimulates the groVlth rate of certain marine organisms, such shrimp and
lobster. Assuming that economic viability of mariculture will be achieved, future sites for mariculture
activities could be located within close proximity to the existing thermal discharge areas of power
generation plants to take advantage of the available warm water. There seems to be some likelihood that
future aquaculture activities could be conducted in man-made tanks located in enclosed buildings and in
converted salt ponds. Areas of the bay designated on the Master Plan Map as Estuary and Salt Ponds also
include aquaculture and resource-dependent uses.
Due to the fact that public access to the bay is necessarily limited in established industrial sectors, it is the
intent of this Plan that, whenever feasible, industrial land and w~ter users are encouraged to invite the
public to view their operations and to share with the public that shoreline area not actually used for
industrial purposes by permitting visual access to the bay. The development and redevelopment of marine
related industrial areas requires careful consideration involving a balancing of the peculiar needs of the
development with the concurrent need for shoreline access.
The Tenth Avenue Manne Terminal Multi-Use Maritime District is includ.ed within the Marine Related
Industrv use classification in order to reflect the nrioritv that must he Q'lven within that district to the
oreservation modernization and exnansion of marine-related industrial uses includina the existina
marine freiaht and stor30'e activities at and around the Tenth Avenue Marine Terminal All uses that
would otherwise be oermitted in the Marine Related Industrv land area c1assificarionare likewise
uermitted in the Multi-Use Maritime District In addition by authonzino- the develonment of the air
ri2'hts over the marine terminal facilitv and the adiacent llI"ounds the Multi-Use Maritime District also
nerrnits and SUDnorts a variety of nuhlic and commercial recreational uses that are comnatihle with the
oriority rnarine~related industrial activities. The Multi-Use Maritime District further contemnlates the
incornoration of an off-street narkina facility to serve the existinO" marine terminal anv new nuhlic and
commercial recreational activities and other yisitor-servinll attractions in the area. The snecific uses that
are oemitted and contemolated in the Tenth Avenue Marine Tenninal Multi-Use Maritime District are
detailed in the Precise Plan for Planninll District 4.
e. The "Master Plan Interpretation" subsection of the "Public Recreation Uses" section, found on page 27 of
the Port Master Plan, is amended to read as follows:
A growing population. greater discretionary incomes and more leisure time all contribute significantly to
the increasing demand for both active and passive outdoor recreational opportunities. The public
recreation opportunities developed on tidelands by the Port District along with the commercial recreation
opportunities developed by private investment provide a balanced recreation resource for San Diego Bay.
When thoughtfully planned, both public recreational developments and commercial recreational
developments benefit from each other as off-site improvements, although as a matter of planning policy,
commercial activities within public recreation areas will be limited. Recreational areas must be of the
63-6
appropriate type and size to be efficiently developed. administered and maintained by the Port District at
a reasonable cost This Plan places primary emphasis on the development of public facilities for marine
oriented recreational activities for the purposes of fishing, boating, beach use, walking and driving for
pleasure, nature observation, picnicking, children's playing, bicycling and viewing.
Recreation Area/Open Space is a category illustrated on the Land and Water Use Element Map to portray
a wide array of active and passive recreational areas allocated around the bay. In addition to tho~e areas
~neclficallv allocated and delineated for Public Recreation Duhlic recreational uses are also nermitted and
enconrae:ed in the Tenth Avenue Marine Terminal Multi-Use Maritime District More specific
infonnation on public recreational areas is provided at the Planning District level under the following use
categories.
2, Amendments to Section IV, Precise Plans
a. The Precise Plan for the Tenth A venue Marine Terminal: Planning District 4, found in Section IV, pages
70-75, of the Port Master Plan, is amended to read as follows. Table 12 and Figures 13 and 14 therein are also amended to
reflect the reclassification of the Tenth Avenue Marine Terminal and the adjacent grounds as the Tenth Avenue Multi-Use
Maritime District, the renaming and redrawing of the planning district subarea boundaries, and the corresponding acreage
adjustments that have been made in the land use allocation summary, as shown in the attached Exhibits 2, 3, and 4. No
amendments are made to the subsections of the Precise Plan addressing the Belt Street Industrial and Harbor Drive
Industrial Planning District Subareas.
TENTH A VENUE MARINE TERMINAL:
Planning District 4
Introduction
The Tenth Avenue Marine Terminal Planning District is a developed, marine-related industrial
area of great importance to the region's economic base. CUl'l'ORtdj' e'o'er 5Q,OQQ jees ""e pre"'l..e.. ell ",e
tidelaBas aas lifJlanas af i:his iaBtistFial afea. r 1ere iFfljl8Ftaat. tIbis is the only area in the entire San
Diego region providing established waterfront industrial sites with railroad service, close freeway access,
commercial port4related support functions, and deep water berthi,hg. With a water depth alonlrside the
berths ranlrinll from 30 to 42 reefer 10 feet Rear (lie m:ariRe teffilinal aRa 35 feet ia the i:aattstrial area,
#the Tenth Avenue Marine Tenninal can accommodate a wide arrav of maritime vesselsail stanElarEl
sarge sBips. Such deep water berthing cannot easily be created or replaced, so the value of this
waterfront industrial land is inestimable.
In 200R the voters enacted the Port of San DieQ'o Marine FreiCTht Preservation and Bavfront
Redevekmment Initiative adootinl7 a cornnrehensive ulan to create a multi-use maritime district that
includes both moderni:r.ed and imnroved industrial marine freillht facilities and new commercial and
DubEe recreational oooortunitie:o; at the Tenth Avenue Marine Terminal The most imoortant element of
the redevelonment olan is its incomoration ora c(eative architecrural and emrineerimz de.'~iQ'n for the
Tenth A venue Marine Terminal that allows for the develooment of annroximatelv 9/1 acres of air nuhts
above the marine terminal and the adiacent O'counds in order to accommodate Dort-related industrial and
commercial uses while simultaneously oermittinll new oublic recreational cultural and visitor.servinO'
commercial uses.
Pelieie. ef the asare;' Baffie Legall CeB1fll.Hnit,' Plall as.. L.c.P. t""'eateA the peFt re!at'..
tiEielaas' uses ',')i1:h. sasreaehmsat af Fssis.eatial, ~a13l:ie park aRe!. eemmersial1;lses ia aa area almest tstany
iR8.1.3Smal. Tee easie iaeSffif8.tieility af these uses f'laees fflSfe sf a e1;lcs.sa 8a the iaa1;lstriad I:1ses ~e
ree!.1:lS8 flsteatial eR':irsflfflBatr:H imflae~. The Pert ~.faster Plan seeks te 13reaeF'e aRe. ficstest this HniEJ.1;le
6eastal FeSSl:lCee Bj' J..i.tnitiao \iSBa t8 strietly marine erisat8e iaaestFial saes.
Precise Plan Concept
The area adjacent to the Port tidelands has been zoned for manufacturing since the 1930's and
older industrial activities now dominate. On the tidelands, the identifiable land use problems stem from a
critical shortage of space into which existing port-related industries can expand and new marine-related
industries can be acconunodated, a need for more automobile parking areas, demands by upland residents
for replacing port-related industrial sites with park use, and complications arising from efforts to clear
and redevelop incompatible uses.
64.7
The Precise Plan as modified hv the Port of San DieO'o Marine Freiaht Preservation and
Bavfront Redevelonment Initiative continues the existing marine-oriented industrial uses and Sl:lfJf'8rtS
tR~ ae"elspment ef a"aila131e "aeaRt lanes" itk similar 1:lses, iB en1er te [3rs' :ae a Bomo.;ene1:1s iRS-bLstrial
elimate witH. aR asstifeel, reas8Ra131e lea; term ;1'8V:tflp0tefltial creates new aDen mace recreational.
cultural and waterfront~related commercial ODoortunities Preservation of the existincr marine freicrht
activities remains the hioohest nnoritv for this Planninoo District thrnuO'h the imolementation ofnolicies
that exnand and imnrove marine frei crht facilities hath to handle existing tenants and to attract additional
activities and tenants includincr new and exoanded cruise shin activities. The Port of San Diego Marine
FTeiO'ht Preservation and Bavfront Redevelooment Initiative is also intended to he in comoliance with the
Goods Movement Action Plan an initiative of the SchwarzeneO'ger Administration to imDrove and
exnand Callforoia' <; aoods movement industrY and infrastructure in a manner that will O"enerate iohs
increase mobilitv and relieve traffic conO'estion imnrnve air oualitv and Drotect Dublic health enhance
oublic and oort safety and imorove Californla's Dualitv of life
Infrastructure imnrovement<; are called for to facilitate the movement of vehicles entering and
exitina the Terminal and to increase "arkinoo Renewahle and sustainable design measures will be
imolemented to reduce air noise and water noJ1ution irno3cts at or related to the Terminal.
At the same time the ivfanne Freip'ht Preservation and Bavfront Renevelooment Initiative
nranases to revitalize the Planning District hv suooortinQ' substantial new Dubhc access oDoortunities and
waterfront~deoendent recreational anri commercial uses for this area bv authon7inO' the develonment of
the air noont!> ahove the existina marine terminal facilitv and its adiacent Qiounds A new nublic
orornenade will extend nublic access to the San Diego Bav Other soecific nmiect comnonents could
include ooen-snace and desiO'nated commercial recreational activities new restaurants lodlrinoo and retail
shooninO' establishments and cultural and entertainment facilities such as a downtown aauarium or
orofessional snorts venue Additional oarking and transDortation imorovements will both facllitate access
to the new commercial and recreational activities as well as orovide relief for other nearby activity
centers inc!udinO' the San DieQ"o Convention Center.
Land and Water Use Allocations
The Planning District consists of aDoroximatelv 250 ~acres of land and 114 acres of
submerged land for an overall total of ~ J:7+acres. The thrust of the use allocations is to retain and
continue marine related, water dependent industrial uses as the urioritv use for this PlanninO' District
wnile simultaneously creatinoo new sunoortive nuhlic access and commercial recreational oDoortunities in
the Tenth Avenue Marine Terminal Multi~Use Maritime District olanninO' subarea, 'Use allocations are
~in Table 12, graphically shown on the Precise Plan Map (Fi-ure 13), and discussed in the text.~
acrea2:e allocations are aonroximate and the fiaures are for illustrative nurnoses onlv and are suhiect to
change. The land area acreaO'e totals and allocations listed in Table 12 also do not include the additional
acreaooe that is effectivelv created in the rv{ulti~Use Maritime District bv authorizing the develooment of
the air ricrnts over the Tenth A venue Marine Terminal and adiacent Q'founds
Tenth Avenue Marine Terminal Planning District Subareas
To facilitate description of the existing and proposed uses, the Planning District has been divided
into planning subareas (see Figure 14).
R ailrnad Yard
This small nlanninO' subarea to the north and east of the Tenth Avenue Multi.Use Maritime
District and adlacent to the existina marine terminal facility is restricted to marine-related industrial uses
that are sUDoortive of the Port's activities. The orincinal uses of this subarea are nredominatelv heavy-rail
related. For examnle Burlinaton Northern Santa Fe Railwav rBNSF) utilizes this area for oa~senger and
freight car marshallinoo storaae and riO'ht-of-wav activities for freicrht trains seiV1n~ the Port's two
marine terminals
6';'8
Tenth A venne Marine TenninaIIHulti..Tt'Ye Maritime nistrlct
This subarea contains the various industries that relate to the marine terminal. As de<Crihefr ~
the Aori12007 San Die"o Unified Port District Maritime Bu<ioess Plan [lnd:: s~~~i~te~~~i~~~~n
the Tenth Avenue Marine Terminal ("TAMT") is an annroximatelv 9~-a~r~ , ri.'. ar.. ''Co~
located near downtowo San Die.o south of the Convention Center ;nd n~~ ~~ ~~ si:~J~:~-f;n on:~
Bav BriMe Tenants at the T AMT which onened in 1958 handle c~~;ai~~ 'z .d ~ ~~ " k~:~ ~
bulk car.os includin. sand and cement netro/eurn oroducts and vari~;;~ ~;~~~~;k ~n~ Oi~i~~ s
T AIvIT nre~entlv has R ooeratinO' herth~ totalinO' 'lame 4 /120 fe~t on ~h~~ eo w t r r t
The Tenth A venue Marine Terminal ha< rou.hlv one million total sQUare fee:~;s~ f~~ w~re<ho~~:
~nace and transit shed~ which incllJ(ie~ nearly 100 000 'If of refrifreration and ~~id ~~~ 0' , llije
covered stora.e is used for newsnrint drY bulk cement and hreakhulk ~ir.Xo~~~~~i~n~: ~f~v~;:~~~;;:~:;~,
The termInal offer~ dry hulk .:;tOTaO'e In a 32 900 metnc ton .:;torafre c~~ Ie I to ,0' 0 1 u....
silo.:; and two larO'e .:;teeJ 'Butler' tanks An aDen storage area ofroUJlhl~I~3 ~~~~~~ ~rli~~e~~ ~ ~~e
stora.e comnle, is used to store drY bulk "nd Additionallv drY hulk car.os were o~c~-;~~~~d ;~~~I
cars and the terminal ha~ R 5Vi linear feet (]f) oftr~ck (~nace farrouO'hlv 19/1 rail~~;~ t '01 e
The lar.est onen stora.e area at TAMT is a 20,5 acre contaioer ~a~~~i~v ~~r ~;;~ ~~~:h :r~it
Comnanv There are rou.hlv 10 to 12 additional acres available at T A~AMT :r:'-I;~ ~~;,;;<~ 0 t of
whIch are fullv OCCUDled at one tlme or another Onen ~toraO'e ar~a~ a; ::! ~ r
temnorarv Jav-down of carO'o that is offloaded but not ~tored at the terminal
There are two senarate liauid bulk 'tora~e facilities on the terminal ~~~ ~C:;;e a;bd f<~e ~:c:~v~
The total <::toralle caoacltv of the oneratlTIfr tank.:; l~ between 1 fi 1 000 and 211 el~ h , n s
are used for storin. iet fuel diesel fuel and fi]el oil The tanks on the inactiv~~~:ko~~: ~;: ::~ ~~
longer useful and Searle.:; Valley Minerals Ooerations Ioc which hold~ ;h~ I r O'e
comnlex has an ootion to Jea~e the land currentlv accunied bv thi.:; inactive ta~k fa~~
In accordance with the Port of San Dievo Marine FreiO'ht Preservation and Bavfmnt
Redevelooment Initiative a moderni7.ed and exoanded Tenth Avtnue Mari~~ T~~i~~l i~;ilitv will he the
central comnonent of the new Multi-Use Maritime District created bv the rn~j~iv~~:~ s~:w~ ~ F;~:~;
13 Redevelanment of the Tenth Avenue Marine Terminal shall O'ive DriOri~ th 11 . nO', an. _
related industrial uses' nreservina existin. marine frei.ht activities and emolo~m~;t' ::;;:e~~~~;w
marine frelO'ht bv modemizinO' or cnnstructinO' new marine freiQ'ht and storage faciiiti. 1 inO' a
new crui~e shin terminal to renlace or sunnlement exi~tinl7 faclIitie~' and imoJemenrinll infr~~~~~re
imorovement.:; to ameliorate access to the terminal ~nd the waterfront
Priority ~hall al~o be elven to the followinO' llses in the Multi-Use Maritime Di"trict, creation of
a new off-street narkin. facility to serve the marine terminal the cmise sbin ~~~~~i~~e~~~~:a;b~
Convention Center" and establishinll additional nuhlic recreMional faci1i~i~~' I '0' ' n
walkwavs bicycle oath~ oark~ and other onen snace adiacent to the waterfront
In order to nmvide the revenues to sunnar! the imnlernentation of the~e 0r10r1tv 1l.';;e~ as well a~
to. allow the nublic to take full advanta.e of the waterfront and its benefits t~~.;--r~~-~l;~ ~~~~f~e ,
DIstnct also oermlts and encoura.e< the develonment of the aIr nahts ahov~ e '. ~~ ~s
adiacent ",ounds for various visitor-servin. commercial recreational sunnort;~~ ~;~ :~~t ~~~ ~; M-~.i. Ie
with the nrioritvuses desi.nated for this area, Amon. the sunaortive uses c~~:~~; '~:~.;; f~~ ti;~ ~; _tl-
Use Mantlme DlstMct are' a downtown aauarIUm' an amnhltheater arena ~_ _~~__ ___._~ _r __ r~_
meetin.s concerts and snorts event" hotels restaurants and snecialtv retail establishme~~o ,
accommodate convention yisitor~ and crui~e ~hin oa~~enO'ers' and other entertainment co __umty and
commercial activities con.:;istent with the maritime character of the area
,The intent of the redevelonment alan for the Multi-Use Maritime Distric~i~~~~~~~:~ f1~~:~~I~tv
for conslderatlon of a wlde arrav of deve]ooment ootIOns conSl~tent wIth th~ ah~v O'h
it i~ anticioaterf that the new nuhlic and commercial recreational sunoartive uses as well as the actdi~i~~al
narkin. facilitv will be 10catednrimariIv in ,the new develonment that is aU:~~~:;;d:~~i~~ ~~5;E~
above the manne termmal facIlity and Its acilacent O'rounds the frrade~Jev;1 O'e 0 ~,~
excInsivelv for the existin. marine related indu,trial activities as Ion. as th~;~ ~~t;v;ti~;n~~~~ti~~I:n
nMonev In the overall deslO'n and allocatIon of acreaO'e In the redevelooed dl~tnct The c c tv
65-9
and sUDoortive uses selected for inclusion in the rede'lelooment nmiecr and their resnective locations
will he determined throU2'h 3 collaborative and consultative nrocess that includes oarticiDation hv rmblic
and nrivate entities affected hv redevelooment of the Tenth Avenue Marine Terminal includinO' existinO'
and nrosoective DafT tenants labor orO'ani7ations environmental and local communitv O'[OUDS business
renresentatives and visitor or convention O'roUDS
It 8.1s8 is I:he leeatieR sf alar;: am01:I.At sf t...raasflertatiea related u.::es stlee as streets aRd railreaEi
s'.Yireh:i.a~ yards. Tee r1aS!ef Flaa :311s fer 6ElBt1RBia; the manae efleatea iFlatlstrial aeri':iti:s, iaslHdif1;
raibreaas. TRe Har13ef S3nie8s maiateaaaee yarE!. ....i1l se fefl'l.c':ea aRa the remainiR~ aSFeage in Plaaaia;
Distriet ,~ '1 ill fe"8ft ta Har~Re RelatJa IFlaus~al ese.
Tao TeRta ,'."eR"e! lariso TmniRal, aaffipletoa iR 1952, is a ~a"ea laRefill '"ila eeeoreto
bulkheaes and FUeaer er timeer feeders aleRf; eaeh a ,,,,a f.ee, Taere are U12 f..et efli;ll.tea usaele
aert'ling J~a.e at the termieal, 327,522 s'l~are f..et sf oar.o s~a.e iR twe !faRsit saees, aRe 175,000
sEJ.'i:;lare feet ef stara.;e sF'aee if!. eRe "'areaEl1:1se aRa B.FJeillary slaeEls. .^~eeess te the tarmiRal is frSFR Harem
Dn' e sato a Re"I,' :eflOtruetea est." rGaa sallea Crese, Roaa. Railroaa traoks ~re'(ide aooeas eR Berths
3 tl:1:rEll:l;l=t S, all tFaRsi! sReas, aaE!. llr~ ?,area8ases. St€!' sElore efp:l.ipmE!Rt is a"ailaele as aeeeed.
Bertao I aRe 3, loeatea OR lae eertH siae ef!ho .om~!e", semaiR 1,112 f..et sf .saele eertlliRg
s~aeo aloegoide a '''ater ao~th ef 30 f..et ~ ILL"'. Fuel, 'vator, aRa eleetrioit,' are a"ailaele, Theoe aertao
are 1:1sed RElt oRl~/ fer .;eaefad tl;:aae items 8at alse fer oar;ees af :fisa, melasses (in steel sterage taR1:s
aa, iR; a 2,'168,000 galleR Ga~aoit,'), ORa tae reeeipt sf ~etreloum ~rOauolS, Oil aaRdERg aRa eiI
bURkerin; stefa;e taRks ea', e a ea~aeitJ' Elf 185,000 Barrels.
Berths 3,1, 'I.'., 5 aaa 13, Ieealee eR tae "'est siae eftao tenniRaI, ~re...iElo 2,5GG f..et sf "oaele
bertmn.; sf/ase at aR alsFl.;siEl.e v'ater aept:B. Elf 36 feet PiLL -nT, Taese eertas are l:is~a fef ;eFleralear~e. ~'\
ehemie.I f..rti1izer Imlk slerage ilfld eaggiRg ~I.nt eeelifJieo tho Rsrta soetioR shea adjaoeat te Berta 3 '
Bertho 7 aRa S, Iosatea eR tae se~ta siae sf the termiRal, ~reviae 650 f..et sf ","ille eertlliRg
s~aee '::ith aR alongoiae "(ater aop!h in DeffiG ..eao sf 36 feot MLL'I'. Berths 7 aRa 8 are ~sea ~riffiaril,'
fBr the I.aaiRg ef sulk 'J[~srt mfgeG' ulilizing lae Pert's eulkleader. This eleHatea eea"eyer Systoffi
eKeena, frem a rail ear unlsaaieg aailEl.iRg maioa heuoeo rail ear,~stt8ffi dum!, ana ratar)' a"m~ Hieilities.
:\dss :.BRootea t8 tae aulkloaaor is a 15,000 ,hert tOR aull, stsrage sile ,sffipleJ[, 'sffi~leteI,' auteffiated,
fer ti:1e st8ra;e eaa ReasER; ef either ;raias sr 8aem:ieals. It is fJrs':iElea '''itfi an ieeR gas explesi8R
pfeteetisl1 Sj'stsFFl. .\ 13a;;I1'1; [:JIaEt BEJ.uipf1sEL "'irft aE. 1:1Raer tra:k [eik-sael ear flit ami t.,' 8 ba;.;ia;
maesiFles is 1;Ise8. fer sa;oia; =aerniea:is aRa ether 88mFB.oEiities. If! this "ieiRity, a S8eGaE!. 'pri"ately
O'1:R.a ffiGlasses aaflaling aRa 'terage faGiEt,' is Ieeatea Gloso ts Berta, 7 aRd 3.
Hail f:aeil:ities seciR; the TeRth ~^~', Batie ~farifle Termi.aal "'ill sa e;~f1afldeEi tEi meet 6HFfBat
speratieR flGeaS. The ~aRta Fo rail sterage ,'ara aajaeGRt to the tormiRal is capaele sf 'tsnag a total sf
225 rail oar3, aee'luate to sor ioe tae leaaiRg ana unleadiRg sf shipmeRts up to 13,000 toR' ~or "esoe!.
DCfleFlGiB; SF! 0fJeFal::isRa1 88Rsie.eratieas, tRe Saara Fe Railread utilizes steFa;e ::a:rEis ia eteer laeati8B.s te
laaFla13 3~f1..~eFlts l.:fl ~e a~ :eas~ 30,C'QQ to::s t:0;;" "essel. T::e fa:: car :ap:aciti:s ef :f:1ese j.arEIs are: Carlsl3aa
(100), OGeaRsiao (120), ~"fGRto "ol1e, (80), aRa Naaca.1 City (1Z9), iAI traaoit ,aeas aRa .. areho~ses
at the Teat:R :\'"eaue ),fariFle TerF11:i.Flal are sac-sa 8) rail spurs.
The ~reseat sulk IeaaiR; fasiEt,' '::as ,enstreetBa iR 1962, It .ensiots sf a rail oar ~RleaeiRg
euiMiRg, 12 iSGa '::iae aelt eeaye, ers, a saiplsader aleRgsido tao seutheast face sf taB teFminal, a rail ear
mafsealli.at; j'arEl., aELe. FPJseellaRes\is aasilJaIj' srruetl.ffes aHa eEfl::lipmeFlt. Use of tee sB.lkleaE!.er is still
iasreasiRg. 'Aratemoat 8af;e ecptiplffieFlt susa as this aas a fligf1 maiRtl2!aaa.se faster; alse, it aflflea:rs lil:elj'
that J.3eriedie medifieatieFlS ffiHst 'sa maee te GeFflfll:: "'irE. GaaR;iFl; air llHalitj' regulatiof:1s.
BHlIc oarge, ~artiG"larI, f..rti1izer aRa otaer oaolllieals, eeRstillites taG Iargeot "'pert item of tao
Pert sf SaR Diege. lR rGeeRt years, iReroasiRgI,' larger e~lk Hassels '!:ita arafts g<eater taaR 36 f..et ha':B
ffiaae a~poar8Ileos at !he pert ana taefe is ."er)' isaieatisR that tao treaa ts',"are greater sa~asit,' iR e~Ik
',easels 'rill 38Rtial:le. Sim:i.larl), ;reater El.efl~a .' ill13eeeme aeeessar) at seme sf tae gsaeral ear:;e eertBs.
Tala ,.raster Plea for~sees eoatiatlatiElR aRa iat<lflsitieatien of the Ga1"ge 813sraaoRs at tae Teat.e
~\':ea1;le ~'fariRe TeIT:BiaaL E:t13aFlsioR of laRa area is Ret GOFlsidGFea im.miaeat 81:lt ma:' Be ae::SffilR88.atea
in. tBe future 81' atili:in,; Rears:: leasecl flarsels. Pl.=1::sieal im13r8"emeflts te tHe tern.:JiFlal are cl:tailea iR tJ:J.e.
Pr8jaet Lise.
6-10
Crassr Street Corridor
Te 13Fs"ia6 fef fJ1;lslie aesess tEl tae '''at~rfr8Flt, [Be Ele"elsfJm.eat 8ElFleept ]?repeses tEl reei...iae a
5.4 aere site t8 Faeilitate tBe 6sFl.struetiGFl Elf a 3.2 aere fl1;lslie reersatieaal area aajaeeat [8 H-~e say aRG a
2.2 aere Beef'''.at.r eanaael related ifldustriai faoility.
TRe p11:113lie IlfBa '::ild eff-er aeti';e aaa13aSsi\'8 reereatisRal 6J.3f'ortbHl1ties IB a laRElseafJeEl. settiag.
P1"8fJ13Sea ksilieia!:! maj' iasl1:'1l36 a kiesk, I:!atrj' arBsl:, res~8em3, eSFl.36SsisB staaa, 13eaelaes, j?isnie ta!:lIes
aREi 13areesues, la'~'B eKflaFlse, aBa a resFeatisRal flier. OR site 13iH'SR'; fer me area is fJre138see.. TRe
131:113118 area '~.~ll be sh.i:lelea [rem tBe aajaeeat iREh:lstrial site 8:' IaaaseafliRO' aaa a mas8FlIj' '::all, aRa frem
the s~reet 8;' laaElseafliag aRa FeReiRO'.
The fRafl.fle relatea iRGlistrial13BFtiea af the site "'ill 8e presef":ea te take aEl."aata.;e sf aEl.jaseat
aee13"'ater assess fer a ffil;llti fl\:lE}38se $asilit:.' fSf rel'aK, ser"ieia~, l3ertl1iB;, aad ear;a haB8.1iE.~ sf
HsmRg, eemmeFsial aRa mi1:itaf)' "essels. It is aa"aatagesl:is, f43r PIa":.' sesl:iritj' reassas, iliat tRis ssi1itj'
is RSFta Gfthe Sea Diegs Cerenaae Bay BriEioe; taat it is ayaila81~ to the majeriti' sf seep araft ','esseIa
asia; the Ba:."s maia el1annel; taat ~ae 3it3 8.8:3 s1:I13eFier trtlek afl6. Fail assess; aaa tRat it is ":eY lesatea
,.'ita resf'eet ta a ffiHltimae af ia8.l;lstrial ana eemrnereial Sl:if'138Ft faaiEties iR tas Rear "ieiaity.
,A~HleRg tae faeilities '.'hisl=1 may Be flFS"iaea Fer at tae mafiRs iaal:istflal site mai'se a pier ts
aile':: mariame ser:ieiag aRa re13ak. Tae flier may Re"e seat feRae]?S, (FesR ':. ater, aBEt sesenty ligktii1;.
~Ie maries rail'::ays ar etaer aa",ises ts lift 8saffi frem tHe ":ater are fllaaRee. RemeaiaJ. elreagiag tEl .mifH:lS
30 feet ~,fLL 'tv '(:ill aIle'" aEleqaate 'I ater aefll:h f-Sf the aee"e ':ariet:.' sf uses, iReluEliag ship re13air.
Ship r:efittifig aRa re~air ":erl: "'illea perfsFFRea '.,,;'aile tae seats are tiea te the pier aael aY
exteflef '''ar1l: ":ill ee peFf"SFffiea aS8\'e tRe .....ater HRe is aeeereaase .~~tA tae air IlFl.S Tater ~1:Ia1ity
stamlafds. SBl'flElFt aek'hies aRS S8 site f'aflrda;; "'ill 8e leeatee sa tBe laas13sFtisa sf tBe site. S.l3ase ,Fe!
stsFege sf eeestrnetiElR materials aRa e~1:Ii~Ff1eRt is J?re"iaea ia seme 13l:iilEliR';s aaa sa tae lamL Sfleeifie
im.fllemeBta~eR fJFsf'ssals ":ill13e e':aJ.1:latea Bi' ~e SaR Diege ,Air PsH1:ltiSR ':1388;81 Diamet, the Saa
Die~s ',lfater Q1.{alitj. CeRa'sl BSMa, aRa tae SaR riege N0ise .^.patemsat Cruee fer seFFl1?liaase witR all
applieaele FegalaheRs.
Section 4.
Coastal Commission Certification
Upon the adoption of this measure, the amendment of the Unified Port of San Diego Port Master Plan set forth in
Section 3 shall be submitted to the California Coastal Commission for certification in accordance with Chapter 8 of
Division 20 of the California Public Resouroes Code (commencing with Section 30700). The Board of Port Commissioners
is authorized and directed to take all actions necessary to secure the certification of the Port Master Plan amendment by the
Coastal Commission, including making any revisions or alterations to the Port Master Plan amendment that may be
required by the Coastal Commission in order to obtain certification, provided that any such revision or alteration must be
consistent with the purposes and intent of this measure.
Section 5,
Redevelopment Project for Tenth Avenue Marine Terminal
In order to implement the policies adopted in Section 3 of this measure, the Board of Port Commissioners of the
San Diego Unified Port District, no later than 60 days after the effective date of this measure, shall enter into an E~clusive
Negotiating Agreement (ENA) with a private development entity for the purpose of negotiating the terms and conditions of
a comprehensive Master Cooperative Development Agreement for the redevelopment of the Tenth Avenue Marine
Terminal Multi-Use Maritime Distriot in accordance with the priority and supportive policies and uses set forth in the Port
Master Plan, as amended by this measure. The ENA shall require that within 180 days of the execution of the ENA, unless
that time period is further extended by the mutual agreement of both the Port District and the selected private development
entity, the Port District and the selected private development entity shall prepare a redevelopment plan for the Tenth
Avenue Marine Terminal Multi-Use Maritime District. including design themes, building footprints, elevations, location of
parking facilities, vehicular and pedestrian access ways, and other factors fully descriptive of the proposed redevelopment
projeot. The purpose of the ENA is to allow the Port District to work with the selected private development entity to
finalize the terms of a Master Cooperative Development Agreement, conditional upon the Coastal Commission's
certification of the Port Master Plan's amendment. that addresses, among other matters: (I) a specific site design and plan
for the redevelopment of the Tenth Avenue Marine Terminal Multi-Use Maritime District, (2) the preparation and
processing of the environmental documentation necessary for the redevelopment project, (3) a financing mechanism for the
redevelopment project, and (4) the terms and oonditions of an option and lease agreement with the selected private
6-'81
development entity for redevelopment of the site.
A. Particioation Bv Coooerative AO'reements and Joint Develooment A2reernents. In order to
ensure that the concerns of marine freight tenants and employees are incorporated into the redevelopment plan and
its implementation, the development entity selected by the Port District for the ENA and Master Cooperative
Development Agreement shall have entered into cooperative agreements, joint development agreements, non-
disclosure and non-circumvention agreements, or similar agreements with existing tenants of the Tenth A venue
Nlarine Tenninal and with a labor organization or organizations representing a majority of the employees handling
marine freight on the site. Prior to its entry into the ENA or Master Cooperative Development Agreement wlth the
Port District, the development entity selected by the Port District shall also have offered to enter into cooperative
agreements or joint development agreements with representatives of the other major tenants or establishments
proposed for inclusion in the redevelopment plan.
B. Consultation and Public Particination. In addition to establishing cooperative agreements and
joint development agreements as set forth above, in order to ensure, to the maximum extent feasible, that the
concerns of entities affected by the redevelopment of the Tenth Avenue Marine Tenninal have been incorporated
into the proposed redevelopment plan, the private development entity selected by the Port District for the ENA and
Master Cooperative Development Agreement shall demonstrate that it has consulted with and encouraged
participation in the planning process by public and private entities affected by the proposed redevelopment plan,
including but not limited to labor and environmental organizations, interested community groups and individuals,
waterfront-related businesses and community-improvement organizations, and the San Diego Convention Center
and the San Diego Sports Arena.
C. Preserving Maritime Security. In order to ensure the safety and security of the Port and its users,
in preparing the redevelopment plan for the Tenth Avenue Marine Tenninal Multi-Use Maritime District, the
selected private development entity shall consult with the United States Coast Guard and other law enforcement
agencies with jurisdiction over the facility. The Master Cooperative Development Agreement shall provide that
the final redevelopment project must incorporate necessary and appropriate security measures and must comply
with all applicable maritime security requirements.
D. Prohibition on Use of Existing General Fund Revenues. The Master Cooperative Development
Agreement shall provide that redevelopment of the Tenth A venue Marine Tenninal shall be privately financed,
without the use of any existing general fund or tax revenues of the Port or of any of the constituent Port Cities.
However, any new incremental tax revenues generated by the implementation of the redevelopment activities may
be dedicated to the implementation of the master plan.
Section 6,
Effective Date
In accordance with California Elections Code section 9320, this initiative shall be considered as adopted upon the
date that the vote is declared by the Board of Port Commissioners, and it shall go into effect ten (10) days thereafter. Upon
the effective date_of this initiative, the amendments made in Section Tbree are hereby inserted into the Unified Port of San
Diego Port Master Plan, and all actions of the Board of Port Commissioners shall be consistent with the policies and
provisions of this initiative.
Section 7,
Interim Amendments to Port Master Plan
The Unified Port of San Diego Port Master Plan in effect at the time the Notice of Intention to propose this
initiative measure was filed with the Port of San Diego constitutes an integrated. internally consistent and compatible
statement of policies and implementation provisions for the Port of San Diego. In order to ensure that the Port Master Plan,
as amended by the provisions of this initiative, remains an integrated, internally consistent, and compatible statement of
policies and implementation provisions for the Port, the provisions adopted by this initiative shall prevail over any
conflicting revisions to the Port Master Plan that may have been adopted or implemented between the date of the Notice of
Intention and the date the amendments adopted by this initiative measure are inserted into the Port Master Plan. To this
end, any conflicting revisions to the Port Master Plan adopted between the date of the Notice of Intention and the date the
amendments adopted by this initiative measure are inserted into the Port Master Plan shall be null and void in their entirety
and without any legal effect.
6-91 2
Section 8.
Construction
To the maximum extent authorized by law, this initiative shall be interpreted in a manner consistent with the right
of initiative reserved to the people by the California Constitution. Without limiting the generality of the foregoing, nothing
in this initiative is intended to diminish or otherwise alter applicable requirements of any state or federal law.
Section 9.
Severability
This initiative shall be liberally and broadly construed to achieve the purposes stated in the initiative. If any
provision or portion of this initiative is for any reason declared to be invalid by a court. the remaining provisions and
portions shall be deemed severable and shall nonetheless remain in full force and be given full effect to the extent that they
can be made applicable. and the People hereby direct and authorize the court to correct, interpret. and add words to this
initiative as necessary to effectuate the intent of the remaining provisions or portions of this initiative.
Section 10.
Enforcement
A. This initiative is intended to impose a mandatory duty upon the Board of Port Commissioners of the San
Diego Unified Port District to redevelop the Tenth Avenue Marine Terminal Multi-Use Maritime District in accordance
with the terms and conditions of this initiative and applicable state law. To that end, the duties imposed upon the Board of
Port Commissioners pursuant to Sections 4 and 5 herein shall be enforceable by an action for writ of mandate filed in the
Superior Court of the County of San Diego by any qualified elector of the Port District or by any other aggrieved party.
B. Time is of the essence in the implementation of this initiative. Unless specifically enjoined from
proceeding with the implementation of this initiative by a court of competent jurisdiction. the Board of Port Commissioners
shall comply with the terms and conditions of this initiative notwithstanding any threatened or existing legal challenge to
the validity of this initiative or to any portion thereof.
Section 11.
Conflict with Other Measures
If a conflict exists between this initiati ve and any other measure approved by the voters at the same election. the
provisions of this initiative shall take effect except to the extent that they are in direct conflict with the provisions of such
other measure and the other measure receives a greater number of af:firmablve yotes.
Section 12.
Corrections and Implementing Actions
The Board of Port Commissioners of the Unified Port of San Diego is hereby directed to reprint the Port Master
Plan and all corresponding figures and tables to reflect the adoption of this initiative. The Board is hereby authorized and
directed to make any corrections in the language, pagination, paragraph numbering, tables, maps, figures and other aspects
of the Port Master Plan as may be necessary to ensure that the Port Master Plan, as amended by this initiative, accurately
and completely reflects the amendments adopted by this initiative. The Board is further authorized and directed to take any
and all actions that may be deemed necessary to implement and give effect to the amendments of the Port Master Plan
adopted by this initiative, including such actions as may be necessary to provide consistency between these amendments
and other Port planning documents. Notwithstanding Section 13 of this initiative, the Board of Port Commissioners is
specifically authorized to amend the Port Master Plan by updating the Project List for the Tenth A venue Marine Terminal:
Planning District 4 (Table 13) to incorporate therein the specific redevelopment projects selected for the Tenth Avenue
Marine Terminal Multi-Use Maritime District and to make any other Port Master Plan amendments necessary to implement
the Master Cooperative Development Agreement adopted pursuant to Section 5 of this initiative.
Section 13.
Amendment
Except as provided in Section 12 herein. this initiative may be amended only by a vote of the people at a regular or
special election held in accordance with the requirements of the California Elections Code.
10
6-13
EXHIBIT 1
TABLE 4: Port Master Plan Land and Water Use Allocation Summary
LAND USE
ACRES
COMMERCIAL......~...~._......... 373.5
Marine Sales and Services.......... 18.8
Airport Related Commercial "...... 3a.0
Commercial Fishing....................... a.3
Commercial Recreation..."....~.. 304.1
Sportflshing ..........._..............._..... 4.3
TOTAL % of
ACRES ACRES TOTAL
WATER USE
COMMERCIAL ......~................. 383.0......... 756.5...........14./0
Marine Services Ber1l1ing ............17.7
Cornm Fishing Berthing............... 1 a.a
Rae Beet Berthing ..................... 335.4
Sportflshing Ber1l1lng....................11.1
INDUSTRIAL........_.~...~.....~. 1206.4 INDUSTRIAL ............................ 217.7 ....~. 1424.1...~....~26%
Aviation Related Ind1J$trlal......... 152.9 Specialized Berthing ................. 170.5
Industrial Business Parl<.............113.7 Terminal Ber1l1lng ........................ 47.2
Marine Related Industrial.......... a*+ ~
Marine Tennlnal ......................... +49:6- 90.9
Mlllti-U!.9 Maritime ni~trid 96 0 =
InlemaOonaJ Airport '''~'''''''''''''' 468.1
PUBUC RECREATiON.~........~ 280.5
Open Space "..............................19.0
Parl</Plaza ...................."...........146.4
Golf Course ................................. 97.8
Promenade.................................. 17.3
CONSERVATiON ...................... 399.2
Wetlands..............._................_.304.9
Hab~at Replacement......"........." 94.3
PUBUC FACILITIES............~... 222.9
HartJor Services............................. 2.7
City Pump Station............"............ 0.4
St_1s ....................................... 219.8
MIUTARY ~.~....~~...........~.....~... 25.9
Navy Fleet School....................... 25.9
TOTAL LAND AREA......~....... 2508.4
PUBUC RECREATiON ............ 681.0......~. 961.5......~...18%
Open BaylWal&r........................ 681.0
CONSERVATlON...~.......~......1058.6.......1457.8~.........27%
Estuary .................................... 1058.6
PUBUC FACIUTIES ................ 394.3.......~ 817.2..~.......12%
HartJor Services .......................... 10.5
Boat Navigation Corrtdor,......,... 284,6
Boat Ancl1orage........................... 25.0
Ship Navigation Corridor...."....... 50.0
Ship Anchorage........................... 242
MIUTARY~............~.............~...125.6.....~..151.5.............3%
Navy Sman Craft Ber1l1ing............. 6.2
Navy Ship Ber1l1lng ....................119.4
MASTER PLAN LAND AND WATER ACREAGE TOTAL~...........~...............~..........~...5368.6.........100%
TOTAL WATER AREA............ 2860.2
61114
EXHIBIT 2
TABLE 12: Precise Plan Land and Water Use Allocation
TENTH AVENUE MARINE TERMINAL... PLANNING DISTRICT 4
TOTAL % of
LAND USE ACRES WATER USE ACRES ACRES TOTAL
INDUSTRIAL ...... ................................. 228.7 INDUSTRIAL .................. 113.9............342.6..............94%
Merirl8 T8nRj"8f.........,......................_..~ Terminal Berltling........._.. 15.3
Marine Refated Industrial ............-132.Z~ Specialized 8_lng.........98.6
!.tJIl-U..l.Witlm.Ills<Ict...................::::=:.. ~
pueuc RECREATlON ........................... 3.S ...................................................................3.5...............1%
Parl<iPlaza ............................................... 3.5
pueuc FACILmES ............................. 17.6 .................................................................17.6...............5%
Streeis ................................................... 17.6
TOTAL LAND AREA........................... 249.8 TOTAL WATER AREA... 113.9
PRECISE PLAN LAND AND WATER ACREAGE TOTAL........_.........._...................363.7 ........... 100%
,
6115
lD
E-I
H
IQ
H
~
Iil
---
~
~I
lD
.........., MEAMHU31{lItIEllNe
_._~._ ~lMTlli
__ USPImHIEAOl.lNE
l_nd INI;:!USTRIAL WIlIlwo"
,r/fi~ - MuflI.Use ",....
~~""'-~MRriIimADlslrld:'.c---T~fl1l1n~18M1lllnlJ
1Il1ll11MalfmlRelal:ld ~--@';,~ SpecI~lIlItdBerth'nD
(j) fue1ln<lDock
PUBLIC FACILITIES
iii ComfottSl~'1on
~U.S.CllStomS
liillfllllli(loTrlIllillliM
./'.
./
/
...<)..~~
~9''-'
~,,-+.~
~.~~'
.4~':..
./
/
,___"aI...""1
_ _ _ _ USeUu<.Hl!:"[1 LINe
_____ cOMlmll!OtI9f"fERHnDI8UlII:HEADllNE
_ _ _ STATI< LANOS 1.""~"'D TO PORT DfSTRICT
_.... eOJll~I.ZONe--DOu..DA.m'
_~..'~:~~.~~~. _:__.. ____.___._.... ~ltm r~'M'IWi PUBue RECREATION
'~6<J __..... _ _ [~ f'tlblluMCll5'5"
~ _', _" _'---" c." ," UN 011<.0
\, "'" -'A,-.._..--..:~~;_..-t;g-;.~~~~~ ____.___._.._.______.____..____.._u_n_"_"'__'_"_"____'._.___n_u_.._______.._.._n_u_u
" " , '. \
.....'"'JIl .otllklepprOK.
.-..' jf, ~ PlannfngDls'rict4
L'~' ." .;';."., TENTH AVENUE MARINE TERMINAL PRECISE PLAN
/
L'._.__.._u_u__._.._..__
(11
~"'~
...
f-l
H
rll
H
~
M
Brs
BB
'"
....
-....
.............
---
(
.-J
~"""
r-
;";-
I
to
---
---
....
-----
,
..-.1-_......-
----.....
.-
-
@
,..".........---.
"...............-",.'''''' ./
_.._. ......,"""" @ Marine Terminal Railroad Yard /./
-- UI"~D~ ~ G ,~"...
____ ..........u.. ~ . 1'03by Street Corridor TAMT Multi-Use Maritime DislplCt'
_'_'_ ...._.............."'-,....".. @ Belt Street Industrial #
== :::~':::'.=::;-"'TR>CT @ Harbor Drive Industrial ,/"".
\<~:::~::;~:-::=c~_\-<",_ .._____- __. ... . .__ ........ ~_~-~c.:;;.:;;-~:-
~.::~J.:. rE'irt:t':;'~t~RINETREM'NAL PLANNING SUBAREAS FIGURE 14
~
Notice of Intention to Circulate Initiative Petition
Notice is hereby given by the persons whose names appear hereon of their intention to circulate the petition within
the San Diego Unified Port District for the purpose of amending the Port Master Plan in order to preserve and modernize
the marine freight facilities at the Tenth A venue Marine Terminal. A statement of the reasons for the proposed action as
contemplated in the petition is as follows.
The Tenth Avenue Marine Tenninal is one of two marine freight terminals owned and operated by the San Diego
Unified Port District. The Tenth Avenue Marine Terminal consists of approximately 100 acres located on San Diego Bay
tidelands between the San Diego Convention Center and the Coronado Bridge. It is and has been a marine-related
industrial area of great importance to the region's economic base. Many jobs are provided both at the Terminal itself and
on the tidelands and uplands of this industrial area. The Tenth Avenue Marine Terminal is the only area in the San Diego
region providing established waterfront industrial and warehouse sites with railroad service, dose freeway access,
commercial port-related support functions, and deepwater berthing. With a water depth of 40 feet or more alongside its
berths, the Terminal can accommodate a wide array of maritime vessels.
In recent years there have been various proposals to eliminate marine freight activities at the Tenth Avenue Marine
Terminal in order to develop more hotels. retail shopping malls, or major sports facilities, such as a new stadium or arena.
These proposals have been rejected to date by the Board of Port Commissioners because they were not deemed to be
consistent with the Port's mission, which includes managing the scarce tidelands resource in order to preserve a balance
between recreational, tourism, marine freight and other activities, and because of the opposition of existing Port tenants,
their employees, and others.
Due to the uncertainties created by such proposals. investment in the modernization of marine freight facilities and
the development of new marine freight business has been inhibited. Both private and public entities are discouraged from
making such investments because they do not have sufficient assurances that marine freight will not be displaced by other
activities.
The Port of San Diego Marine Freight Preservation and Bayfront Redevelopment Initiative would amend the Port
Master Plan to require the participation of marine freight tenants and marine freight labor organizations in the process of
preparing and implementing a redevelopment plan for the Tenth Avenue 1tfarine Tenninal that establishes maritime freight
as the priority use on the site, while simultaneously permitting other uses that will support marine freight activities.
Because the initiative can only be amended by a further vote of the people, it will provide the assurances necessary to
encourage new investment in the modernization of the existing marine freight facilities and the development of new marine
freight business, generating thousands of jobs and millions of dollars in new revenues. Redevelopment of the Tenth
Avenue Marine Terminal in accordance with the initiative will also create new recreational and visitor.serving activities
that will significantly increase public access to the San Diego Bayfront and will transform this underutilized site into a
valuable commercial and public attraction.
Frank E. Gallagher III
5290 Val]ery CoUrt
San Diego, Ca 92]30
60-J 8
THE PORT OF SAN DIEGO MARINE FREIGHT PRESERVATION
AND BA YFRONT REDEVELOPMENT INITlA TIVE
VOTER:
Please sign
'etition 1 time
ONLY.
NOTICE TO THE PUBLIC: THIS PETITION MAY BE CIRCULATED BY A PAID
SIGNATURE GATHERER OR A VOLUNTEER. YOU HAVE THE RIGHT TO ASK.
All signers of this petition must be registered to vote in the San Diego Unified Port District c~h:~,~o~u~n 6~y
New [i]
:egistratian
SIGW;(7"lJRE'-,'I''':'\
as Ragi9~red{~.VOle.
PRN
Your Name
i I:
NO PO Boxes, NO routes, NO abbreviations, NO ditto mar1cs
New W
:egistration
SIGrlJiTfJRE ,~,.'i'~" ".~:''r
as ReglStl!:red-,To Vote": .1':.:
t. ,-' ":.,,-:,:: :,;,-.",,;
':~-~;:""
',_'''. ....;'0.
:~.:;.-.,-;
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...., '!'
,- -~,.
Your Name
I I:
NO PO Boxes, NO roules, NO abbl'9viations, NO ditto mar1<s
New
teglstration
SIG,.,~)"(jRE r/.~"" '''=.~,
as R~l$ta~~d ::~~,ate,~..:>': ;~
PRN
Your Name
i 1Zi"
NO PO Boxes. NO routes, NO abbreviations. NO ditto marll:s
New GJ
~egjstration
SIGNA'ME !:;":;' ,"
as Reg~ied;Jo Vote'
\~: . ,
-,-,',.,,_ ...." \~ o':,;.ct'. 0'.,
,',.
'...... -.,
;::,
"
-"
',<
PRINT
Your Name
I
NO PO Boxes, NO routes, NO abbreviadons. NO ditto mar1o:.s
,
New ill
~egistration
SJGl'iiff'f)RE'~";'C '
as ReglS~~ed ,To Vote, ~,
Residence
A'i:ldre'~$ oNlY::
.1 "',",
".
PRI
Your Name
NO PO Boxes, N(l routas. NO abbreviallons, NO ditto marks
New W
~egistratjon
SIGNAflJRE :~",
as R~si~redJo Votil:, L::: ,;
,. ,,' r;,~~~.,.,: ~"-x::<' ,.
',,,,".
";," ~ -
NT
Your Name
I
NO PO Boxes, NO routes, NO abbreviations, NO ditto mar1o:.s
New W
~egistration
SIGN"A'r'fIRE ,,",_";f'
as Re9i~(ered.,To VOIEj.;
PRINT
Your Name
NO PO Boxes, NO routes, NO abbreviations, NO ditto martts
Declaration of Circulator
Port of San Diego
STATE OF CALIFORNIA ss.
I,
dence address is
I circulated this section of the petition and witnessed each of the appended signatures being written. Each signature on this petition is, to the
best of my information and belief. the genuine signature of the person whose name it purports to be, All signatures on this document were
obtained between the dates of and
(month, day, year) (month, day, year)
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Executed on , at
URGENT: You must sign here as circulator, after the above signatures have been obtained.
, am a voter or am qualified to register to vote in the San Diego Unified Port District. My resi-
(month, day,
year)
6
19
(cnmrlete si2:nature indicatin~ full name of circulator)
ATTACHMENT 2
AGENDA ITEM 26
SAN DIEGO UNIFIED PORT DISTRICT
DATE: May 6. 2008
SUBJECT: DISCUSSION REGARDING INITIATIVE ENTITLED "THE PORT OF SAN
DIEGO MARINE FREIGHT PRESERVATION AND BAY FRONT
REDEVELOPMENT INITIATIVE", DIRECTION TO STAFF ANDIOR
ADOPTION OF RESOLUTION CONCERNING INITIATIVE
EXECUTIVE SUMMARY:
The Port was presented with a "Notice of Intention to Circulate an Initiative Petition",
The Initiative sponsors are circulating this petition to address future land-use issues at
the Tenth Avenue Marine Terminal.
The Port. as a public agency, is prohibited by state law from expending public funds to
influence the outcome of this election. Notwithstanding that fact. it is lawful and
appropriate for the Board to develop a policy position with regard to this Initiative. The
position could be either to support. oppose or remain neutral.
For the reasons indicated in the discussion section below, Staff recommends that the
Board take a position of opposition to this Initiative.
RECOMMENDATION:
Staff recommends that the Board oppose the Initiative.
FISCAL IMPACT:
None with this Board action.
DISCUSSION:
The Port has been presented with a "Notice of Intention 10 Circulate an Initiative
Petilion: which if it garnered approximately 75.000 signatures from registered voters
residing in lhe five member cities. would place on the November 2008 general election
ballot an Iniliative entitled "The Port of San Diego Marine Freight Preservation and Bay
Front Redevelopment Initiative." The Initiative would allow for non-maritime uses at lhe
Tenth Avenue Marine Terminal (TAMT) by amending the Port Master Plan to require
the participation of marine freight tenants and marine freight labor organizations in a
"process' that would involve the preparation and implementation of a redevelopment
plan for the TAMT. The Initiative states that it would establish maritime (marine) freight
as the "priority" use on the site while simultaneously permitting other uses that "will
support marine activities' while fostering a "redevelopment" of the T AMT to create "new
recreational and visitor-serving activities that will significantly increase public access to
the San Diego Bay Front and will transform this underutilized site into a valuable
San Diego Unified Poo District Board Meeting - May 6, 2008
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AGENDA ITEM 26
Page 2 of4
commercial and public attraction. The Initiative language Is not specific about the uses
generally described as recreational and visitor-serving. However, the Initiative
suggests, and media reports (which have not been clarified by the proponents) have
described, a concept of "double-decking" the TAMT to "preserve" marine uses on the
bottom deck while exploiting approximately 96-acres of "air rights" with non-marine uses
including hotels, a sports venue and other public amenities on the top portion.
This Initiative is not sponsored by the Port or the San Diego Port Tenants Association.
The Initiative sponsors have had sporadic communication with officials of the Port and
in those communications; they have simply stated that they were proceeding with the
Initiative. The proponents have not asked the Board to consider, under its authority, an
amendment to the Port Master Plan. Instead, they are invoking the power of Initiative
to effect the revisions they seek. The Board has three possible positions it can adopt if
it chooses to adopt a policy position on the Initiative at this stage:
1. Support the Initiative
2. Oppose the Initiative
3. Remain neutral-neither support nor oppose the Initiative
Changing or broadening the land use of the TAMT is not a new concept. In July of
2004, after a lengthy and vigorous public hearing, the Board of Port Commissioners by
formal vote adopted the pOlicy that the TAMT could only be used for maritime cargo
purposes and operations. This policy position was in response to proposals to utilize all
or a part of the TAMT for the site of a football stad,ium and other non-maritime cargo
uses. '
The issue of using the T AMT for some other purpose rather than the maritime cargo
terminal that is called for in the Port's Master Plan continues to be proposed in the
media and in other venues. Pursuant to the San Diego Port District Act, the State
Legislature has designated the Board of Port Commissioners as the policy-making body
with sole responsibility for determining what land uses are appropriate for the TAMT,
and the remainder of the state-owned land granted to the Port by the State of
California. The Board acts as trustee for the State in all matters it considers.
Staff Analysis and Recommended ActIon:
Staff recommends the Board oppose the Initiative because, but not limited to the
following:
1. The proposed non-marine industrial uses are inherently incompatible with the
operations of the TAMT. Among other things, the introduction of non-industrial
uses could impose undue burdens on existing industrial uses to reduce potential
environmental impacts. Additionally, operational requirements for existing
marine industrial uses militate against any incursion into the air space above the
T AMT or at grade-level. By some estimates, approximately 220-feet of
San Diego Uniiied Port Distrid Board Meeting - May S, 2008
6-21
.
AGENDA ITEM 26
Page 3 of4
clearance would be necessary to allow existing cargo cranes to operate
effectively beneath a deck constructed above the TAMT. The incursion of non-
industrial uses at the T AMT actually threatens the continued viability of marine-
industrial uses at the TAMT, and would undermine the major thrust of the Port
Master Plan's vision for the TAMT.
2. Introduction of non-marine land uses appears to present major challenges to the
Ports ability to compiy with federally mandated maritime security standards and
requirements. Security at the TAMT is being enhanced pursuant to federal' law
following the events of September 11, 2001. Controlled access, much like
secure areas at an airport, is required of all Ports by the Department of
Homeland Security. If the areas above or below the "double-deck are by
definition "uncontrolled" to allow access to hotels, sports venues or open space,
the Port's ability to maintain a secure TAMT appears problematic. Moreover, the
TAMT is a federally designated "Strategic Port Facility" that is actively utilized by
the United States Department of Defense for military cargo shipment handling.
Security during these shipments is even more stringent than the normal maritime
security conditions noted above and required by federal law.
3. The Initiative's "deck"'concept appears to be infeasible from an engineering
perspective. A massive structure spanning all or part of the Terminal would
require support columns spaced throughout the TAMT. Such columns could
impact the at-grade space and thereby impact marine freight operations. For
example, support struts or columns would result in a net reduction in space at
the TAMT and introduce structural elements that restrict movement and storage
of cargo. For that reason, the Initiative deck structure envisioned by the Initiative
would appear to impact - not enhance - the viability of the T AMT and lessen the
Port's ability to meet the maritime cargo needs of our region, state and nation.
4. The Initiative language is unclear. The title and much of the Initiative text appear
to convey the message that the Initiative would "protect" the TAMT. Given the
above considerations, however, it is not certain that the Initiative would result in
the protection of maritime freight operations at the TAMT. Staff's review of the
potential effects of the Initiative leads to a conclusion that the Initiative could
threaten marine freight uses at the TAMT and thereby impact the continued
viability of the Port.
5. The Initiative rests on the premise that the TAMT is underutilized and requires
protection. The facts do not support that premise. In fact, the TAMT is not an
"underutilized site in need being transformed into a valuable commercial and
public attraction." The TAMT is a maritime cargo facility through which much of
the region's construction related materials flow (sand, cement, etc). Over the
past five (5)-years, the TAMT has processed 12.6 million tons of maritime cargo.
The economic impact of the maritime cargo activities in San Diego adds $1.6
billion to our region's economy. This influences into 14.400 direct jobs. Average
San Diego Unified Port District Board Meeting - May 6. 2008
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AGENDA ITEM 26
Page 4 of4
compensation of $54,000.00 per year. Projections for future year's maritime
cargo growth at the TAMT remain in line with past year's growth. The Port
Master Plan, in its current form, carries out the legislative mandate to the Port
District to administer the tidelands for the public trust. As part of that trust, the
Port - through the Port Master Plan -- has designated the TAMT for marine
freight uses. In short, both the Port District Act and the Port Master Plan are
sufficient to protect marine freight uses at the TAMT without this Initiative.
6. There are concems as to the legal efficacy of the Initiative and its attempts to
amend the Port Master Plan. The Initiative raises concerns of State pre-emption
and inconsistency relative to the Port Master Plan. The Initiative stakeholder
process for amending the Port Master Plan also raises potential issues as to
whether the Initiative constitutes a valid legislative action.
For the above reasons, the Staff recommends that the Board oppose the Initiative and
that such opposition be conveyed in writing to every elected and appointed office holder
in San Diego County, the California State Lands Commission. the California Coastal
Commission, members of the California Legislature, the Governor, Lt. Governor,
Controller. and Attorney General of the State of California, as well as other parties as
may be appropriate in the discretion of the Chair of the Board.
Port Attorney's Comments:
The Port is restricted from using public funds to advocate for or against the subject
Initiative. However, the law does afford a legislative body to take a formal position on a
measure to be presented to the electorate. The Board of Port Commissioners may
legally adopt a resolution to state its formal pOSition on the Initiative, if desired.
Environmental Review:
Not applicable.
Equal Opportunity Program:
Not applicable.
PREPARED BY: Dan E. Wilkens
Executive Vice President
San Diego Unified Port District Board Meeting - May 6. 2008
6-23
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-----Original Message-----
From: Frank Gallagher [mailto:csc@cts.com]
Sent: Tuesday, September 16, 2008 12:11 PM
To: Denny Stone
Subject: Re: Chula Vista Council Meeting Comment
If possible, we'd appreciate it if the following comments could be read to the Council that
state our position;
We appreciate the opportunity to present the 10th Ave. Marine Terminal Modernization
project for your consideration. However, based upon comments from elected and
appointed officials fi"om Chula Vista, it appears to us that the vote to oppose this project
has already been made.
Having just received clearance from the Superior Court of San Diego as well as a
unanimous decision from 3 Appellate Court Justices upholding the public's right to vote
on this project because its public land, we feel it's best to let the Initiative run its course
and let the voters decide the outcome.
Thank You
San Diego Community Solutions
?Mlc Gwnm~S
.$.vnes ~~
Marriage Proclamation
WHEREAS, the People of California affirm that it is in a child's best interest to be raised
by a father and a mother who are married.
WHEREAS, the People have a compelling responsibility to ensure that the civil institution
of marriage between a man and a woman is honored as the foundation of family and
society and protected as an important role model for future generations.
WHEREAS, in the March 7, 2000 election, the voters of Ch",IA VtS tQ)
Counry approved Proposition 22, a 'statutory initiative, which stated, "Only marriage
between a man and a woman is valid or recognized in California," by 61 + percent.
(California Secretary of State Proposition 22 election results:
httD:! /primary2000 .sos .ca. gOV /returns/prop/mapR022 .htm)
THEREFORE, the endorses Proposition 8,
a constitutional amendment on the November 4, 2008 California banot, which states,
"Only marriage between a man and a woman is valid or recognized in California. "
Date:
Ciry/Counry
Signed By:
Clerk/Secretary:
San Diego Daily Transcript Ncws Story
Page 1 01'2
/Wol]ciay. SeptFlTlhei 15_ 2008
';Cli(QI'@sc'c:t.CCj':,
11 t"1::: :flwv\''.'/.sdd t.COt,l
Source Code: 200S0915czl
Chula Vista adopts Toyota's business model
By NATALIE WARDEL, The Daily Transcript
Monday, September 15, 2008
Toyota applies it to making cars while Goodrich Aerostructures Group applies it to creating components for
commercial aircraft.
The city of Chula Vista will be applying the Toyota Production System to effectively manage a municipality. The
city partnered with Chula Vista-based Goodrich Aerostructures, who are fluent in the model, to help.
"I think the city of Chula Vista is in a really unique position right now," said Goodrich Aerostructures President
Greg Peters. "Because you've chosen to go down this path, if we have some knowledge we can share, we have
an obligation to do so."
After all, part of the model is about encouraging success. Toyota (NYSE: TM) even shared the model with its
competitors.
Emerging from a tough year of budget woes and the loss of employees, Chula Vista is looking for a solution.
The Toyota Production System is a precursor to the well-known lean flow principles, and it seeks to knock out
inconsistency and waste in a company.
In this case, the company is Chula Vista. They are in a similar state that Goodrich was in when Peters adopted
the Toyota Production System in 1993.
"We were hawking OUf machines and hawking our business furniture to make payroll. That is not an
exaggeration," said Peters about the near-bankruptcy state of his company. Adopting this business model
launched them to success.
The city's executives met Monday to start adopting the concepts and develop a continuous improvement plan.
The biggest mental hurdle will be adopting the way of thinking into one's DNA, Peters said in his presentation.
It only works if everyone is on board and it needs to be treated as if the city just changed its computers' operating
system.
Many of Chula Vista's departments have undergone cutbacks, so City Manager David Garcia is passionate
about the program and hopes the process allows them to be efficient in their processing.
"We know some areas that are under pressure right now," he said. "These are areas where we know there are
going to be quality problems because of the resources that we have."
VVhile Goodrich and Toyota are manufacturers, both companies have adopted this process, named The Kaizen
Event Process, company wide.
It's the method used in their human resources departments, as well as when introducing new equipment on the
manufacturing side.
The first step is identifying areas for improvement. Not just departments, but specific tasks like "creating a
uniform way to process a purchase order" instead of the broad "fire department."
"The things that you're worried about are the things that i think would be excellent events," Garcia said to the
city's department directors.
Then, plan a weeklong event, in which members who are involved with puchase orders -- be it receiving,
processing and maintaining - become members of a committee. That way, they are vested in the new decision
and process.
The first phase of the event documents reaiity -- how the purchase orders are really being processed, and then
identify waste, plans countermeasures and then checks in to make sure that will work with reality.
http://www.sddt.comlnews/tools/index.cfm?Process=print&SourceCode=20080915cz1
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San Diego Daily Transcript News Story
Page 2 of2
Once the members on the decision committee are satisfied the new method will work, they make the change,
verify the change and quantify results. The new process becomes the new standard.
"We want to make that change in a week and see what the impact is by the end of the week," Peters said.
Choosing small tasks first brings an instant feeling of success, Peters said. It starts the building blocks to more
events and more improvement.
"Even if we don't get it all right, we don't care," Peters said. "What we want to do is make a change and let it
stabilize and go back three months later and have another event."
Everything in the process is documented on specific forms, which become an instant handbook to train new
employees.
The people phiiosophy is an important component as well. When first adopting the philosophy, Goodrich
eliminated their preferred parking spots for managers, gave everyone the same health care plan and days off,
and eliminated bells and tones that called for breaks and the end of the day.
Of the six elements on their people philosophy, the first is treating everyone like an adult with mutual trust and
respect.
The list also includes identifying and eliminating negatives, training and development, open two-way
communication, employee engagement, and competitive wages and benefits.
The model is followed so strictly that employees are more likely to lose their job for not adhering to the people
principles than for missing work, said Ralph Roner Jr., Goodrich human resources director.
The result is that employees don't miss work, but instead form a community and look out for each other, Roner
said. They feel vested in the company.
Goodrich's business model is so much like Toyota's that Peters said he recognizes Toyota's forms, even though
they are in Japanese.
"We've Goodrich-ized it, but not much," he said.
http://www.sddt.com/news/tools/index.cfm?Process=print&SourceCode=20080915czl
9/16/2008