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Home My WebLink About2008/12/16 Agenda Packet I declare under penalty of per>. V i.hat i %1 . employed by the City of Chu!a Vista in the. ,~, OlfIce 01 the City Clerk and that I posted tn:~ \ /"C- ument on the bulletin board accordlng~ 7re~~lreme;:~E~ ,- :1~~~~srA AJI ell Cheryl Cox, Mayor R~dy Ramirez, Council member Scott Tulloch, Interim City Manager John McCann, Councilmember Bart Miesfeld, City Attorney Pamela Bensoussan, Council member Donna Norris, City Clerk Steve Castaneda, Councilmember December 16, 2008 6:00 P.M. Council Chambers City Hall 276 Fourth Avenue CALL TO ORDER ROLL CALL: Councilmembers: Bensoussan, Castaneda, McCann, Ramirez, and Mayor Cox PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE CONSENT CALENDAR (Items 1-7) 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 removed for discussion. If you wish to speak on one of these items, please fill ouia "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. 1. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DESIGNATING AND SETTING ASIDE CERTAIN CITY-OWNED REAL PROPERTY FOR STREET, PUBLIC UTILITY, LANDSCAPING, SIDEWALK AND SEWER PURPOSES FOR DISCOVERY FALLS DRIVE AND HUNTE P ARKW A Y The City of Chula Vista is leasing to High Tech High a portion of a City-owned parcel along the south side of Hunte Parkway, east of the future extension of Discovery Falls Drive. In order to provide access to the site, to provide for franchise use, and to ensure continuity and consistency of the right-of-way, portions of the parcel must be designated and set aside for street, public utility, public sewer, landscape buffer, and sidewalk purposes. Adoption of the resolution and the filing of a Certified Copy with the County Recorder's Office will establish the intended and physical use of the land. (City Engineer/Engineering Director) Staff recommendation: Council adopt the resolution. Page I - Council Agenda httn ://www.chulavistaca.QOV December 16, 2008 2. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR PROPOSED ASSESSMENT DISTRICT AD 2008-01 ALONGGLENHAVEN WAY AND SETTING THE TIME AND PLACE FOR A PUBLIC HEARING B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE TRANSFER OF $100,000 FROM EXISTING CAPITAL IMPROVEMENT PROJECT STL306 "SOUTHWESTERt'l CHULA VISTA IMPROVEMENTS" TO EXISTING CAPITAL IMPROVEMENT PROJECT STL304 "GLENHA VEN WAY STREET IMPROVEMENTS", FOR EXPENDITURES RELATED TO PUBLIC STREET IMPROVEMENTS On December 9, 2008 the City Council accepted a petition signed by 27 of the 37 owners of residential properties along Glenhaven Way, Elm A venue and Amy Way west of First Avenue requesting that special assessment district proceedings be commenced for the purpose of financing the construction of curbs, gutters, sidewalks and street improvements. The council also directed the City Engineer to prepare the required Engineer's Report for the proposed district. Adoption of the resolutions approve the Engineer's Report containing the preliminary design and cost estimates, set the time and place for a public hearing, and' approve the proposed Assessment District Boundary. (City Engineer/Engineering Director) Staff recommendations: Council adopt the resolutions. 3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CONSTRUCTION CHANGE ORDERS FOR MCMILLIN LAND DEVELOPMENT FOR THE CONSTRUCTION OF PROCTOR V ALLEY ROAD REACH 5 (AGUA VISTA DRIVE TO COASTAL HILLS DRIVE) McMillin Land Development has constructed a segment of Proctor Valley Road between Agua Vista Drive and Coastal Hills Drive. This roadway is within the Transportation Development Impact Fee (TDIF) program, and therefore eligible construction costs are credited against the payment of TDIF fees for the development. (City EngineerlEngineering Director) Staff recommendation: Council adopt the resolution. . 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE CITY OF CHULA VISTA CAFETERIA BENEFITS PLAN FOR 2009 The Internal Revenue Code requires that employees offering cafeteria plans under Section 125 have a written plan document and that the employer adopt the plan document annually. Adoption of the resolution fulfills this requirement. (Human Resources Director) Staff recommendation: Council adopt the resolution. Page 2 - Council Agenda htto ://\VWW .chulavistaca. 20V December \6,2008 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING A PERIOD FOR TWO YEARS ADDITIONAL SERVICE CREDIT PURSUANT TO GOVERNMENT CODE SECTION 20903 FOR ALL LOCAL MISCELLANEOUS AND LOCAL PUBLIC SAFETY (POLICE) EMPLOYEES AND MEMBERS OF THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM (CaIPERS) In an effort to signjficantly reduce the Fiscal Year 2009 and 20 I 0 General Fund budgets by reducing the number. of benefited employees throughout the organization, staff is proposing that Council grant Two Years Additional Service Credit for eligible employees, and provide for a limited medical incentive program for those that retire . during the prescribed window period. The proposal is to offer this benefit to all Local Miscellaneous and Local Public Safety (Police) employees, in all departments of the City. (Human Resources Director) Staff recommendation: Council adopt the resolution. 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA . APPOINTING THE CITY'S MANAGEMENT TEAM FOR THE PURPOSE OF MEETING AND CONFERRING WITH THE CITY'S EMPLOYEE ORGANIZATIONS In accordance with the Meyers-Milias-Brown Act as contained in Government Code Sections 3500-3511, Council must designate representatives for labor negotiations. Adoption of the resolution complies with this requirement. (Human Resourc~s Director) Staff recommendation: Council adopt the resolution. 7. ORDINANCE OF THE CITY OF CHULA VISTA ESTABLISHING THE DEVELOPMENT AND PROCESSING AND. IMPACT FEE PAYMENT PLAN PROGRAM (FIRST READING) . The City of Chula Vista requires the payment of various processing, development impact, capacity, and in-lieu fees to ensure new development mitigates its impact on public facilities. The payment of these fees is a substantial commitment for many projects, and spreading the payment of the fees over an extended period may assist in the development of projects. Members of the development community have contacted the City and requested an extended payment schedule program be considered. The proposed Ordinance represents the City's response to this request. (City Engineer/Engineering Director, Planning and Building Director, Finance Director) Staff recommendation: Council hold first reading of the ordinance. ITEMS REMOVED FROM THE CONSENT CALENDAR Page 3 - Council Agenda htto:/I"v\),/w .chula vistaca. 2:0V December 16, 2008 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, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting 8. CONSIDERATION OF AFFIRMING THE DETERMINATION BY THE COUNTY OF SAN DIEGO IN 1980 THAT THE OTAY QUARRY OPERATION WAS A VESTED LEGALL Y NON-CONFORMING USE . Rimrock Ca LLC owns and operates the Otay Ranch Pit/Rock Mountain Mine located at the eastern terminus of Main Street. In 1980, the County of San Diego formally determined that the site. was a vested legally non-conforming mining operation. This determination was made based upon the previously approved grading planJpermit(s) and accompanying legal description for the site. The applicant is requesting that the Chula Vista City Council affirm the previous determination by the County of San Diego. (Planning and Building Director) Staff recommendation: Council conduct the public hearing and adopt the following resolutions: A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AFFIRMING THE DETERMINATION BY THE COUNTY OF SAN DIEGO IN 1980 THAT THE OTAY QUARRY OPERATION LOCATED AT THE EASTERN TERMINUS OF MA.IN STREET, CHULA VISTA, WAS A VESTED LEGALLY NON-CONFORMING USE B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN INDEMNIFICATION AND RELINQUISHMENT OF RIGHTS AGREEMENT BY AND BETWEEN THE CITY OF CHULA VISTA AND RIMROCK, CA LLC 9. CONSIDERATION OF A CONDITIONAL USE PERMIT, PCC-08-017, TO OPERATE THE SOUTH BAY SWAP MEET AT THE CRICKET WIRELESS AMPHITHEATRE PARKING LOTS LOCATED AT 2050 ENTERTAINMENT CIRCLE Mr. Jose Eduardo Morfin of the South Bay Swap Meet, and Mr. Thierry Gray, General Manager of Cricket Wireless Amphitheater are requesting approval of a Conditional Use Permit to operate the South Bay Swap Meet in the Amphitheatre parking lots. The proposed open-air Swap Meet would be held Saturdays and Sundays only in the parking lots of the amphitheater, and would involve an estimated 400 vendors and 4,000 customers. (Planning and Building Director) . Page 4 - Council Agenda htto ://W'l,VW. chu fa vistaca. !lOV December 16, 2008 Staff recommendation: Council conduct the public hearing and adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONSIDERING THE ADDENDUM TO EIR95-03 AND APPROVING CONDITIONAL USE PERMIT PCC-08-0I7 TO OPERATE AN OPEN AIR SWAP MEET WITHIN THE PARKING LOTS OF THE CRICKET WIRELESS At\1PHITHEA TRE LOCATED AT 2050 ENTERTAINMENT CIRCLE 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. 10. CONSIDERATION OF APPROVAL OF AN INTERFUND LOAN FROM THE TRANSPORTATION DEVELOPMENT IMPACT FEE FuND TO THE PUBLIC FACILITIES DEVELOPMENT IMP ACT FEE FUND The downturn in housing development activity for the past several years has led to cash flow issues for the Public Facilities Development Impact Fee Funds (PFDIF). It is necessary at this time to request an interfund loan from the Transportation Development Impact Fee Fund to fund the annual debt service obligations of the PFDIF. (Finance Director) Staff recommendation: Council adopt the following resolution and authorize the Finance Director/Treasurer to pursue debt refunding/restructuring options for the City's outstanding debt obligations: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN INTERFuND LOAN FROM THE TRANSPORTATION DEVELOPMENT IMPACT FEE FUND TO THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE FUND AND APPROPRIATING FUNDS THEREFOR (4/5THS VOTE REQUIRED) II. REPORT AND CONSIDERATION OF THE INTERIM CITY MANAGER'S PROPOSED BUDGET REDUCTIONS Council will be presented with the Interim City Manager's proposed budget reductions for the 2008/2009 and 2009/20 I 0 budgets and will be asked to take any action it deems appropriate. (Interim City Manager) 12. STAFF REPORT AND PUBLIC INPUT ON POTENTIAL REVENUE ENHANCEMENTS This item has been placed on the agenda in response to a Council referral received at the December 4,2008 Budget Workshop. (Budget and Analysis Director) Page 5 - Council Agenda httn ://w,^,'W .chula vistaca. ~ov December 16, 2008 OTHER BUSINESS 13. INTERlM CITY MANAGER'S REPORTS 14. MAYOR'S REPORTS A. Consideration of City Council regional and committee assignments. B. Council consideration of support staff in the Office of Mayor and Council. . (Mayor Cox and Councilmember Castaneda) 15. COUNCILMEMBERS' COMMENTS CLOSED SESSION Ann'ouncements 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). 16. PUBLIC EMPLOYEE APPOINTMENT PURSUA1"JT TO GOVERNMENT CODE SECTION 54957: Title: City Manager 17. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54957.6 . Agency designated representatives: Scott Tulloch, Marcia Raskin, Bart Miesfeld, Rod Betts, Maria Kachadoorian, Edward Van Eenoo, Leah Browder . Employee organizations: CVEA, IAFF, POA, WCE, Mid-Management, Professional and Unrepresented Groups ADJOURNMENT to the Regular Meeting of January 6, 2009 at 4:00 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 DISABILITIESACT.' 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) 691-5041 or Telecommunications Devices for 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 6 - Council Agenda htto:/lwww.chulavistaca.QOV December 16, 2008 CITY COUNCIL AGENDA STATEMENT ." ,':...\!; :$ ~ CITY OF ._~ (HUlA VISTA 12/16/08, Item~ ITEM TITLE: RESOLUTION OF THE ClTY CUUNCIL OF THE CITY OF CHULA VISTA DESIGNATING Al'ID SETTING ASIDE CERTAIN CITY-OWi'iED REAL PROPERTY FOR STREET, PlTBLIC UTILITY, LANDSCAPING, SIDEWALK Ai'ID SEWER PlJRPOSES FOR DISCOVERY F ALLS DRIV~ HliNTE P ARKW A Y DlRECTOR OF ENGINEERING~ INTERl?vI CITY M.Au'JAGER 7-)" SUBMITTED BY: REVIEWED BY: 4/STHS VOTE: YES 0 NO ~ SUMlVL~Y The City of Chula Vista is leasing to High Tech High a portion of a City-owned parcel along the south side of Hunte Parkway, east of the future extension of Discovery Falls Drive. In order to provide access to the site, to provide for franchise use, and to ensure continuity and consistency of the right-of-way, portions of the City-owned parcel must be designated and set aside for street, public utility, public sewer, landscape buffer, and sidewalk purposes. Adoption of the resolution and the filing of a Certified Copy with the County Recorder's Office will establish the intended and physical use of the land. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the proposed project was adequately covered in the previously adopted Mitigated Negative Declaration (IS-07-014) for High Tech High. Thus, no further environmental documentation is necessary. RECOMMENDATION Council adopt the resolution. BOARDS/COi\fMISSION RECOMMENDATION Not applicable. DISCUSSION Portions of City-owned property south of Otay Ranch Village 11 along the south side of Hunte Parkway, and currently being leased in part to High Tech High, need to be designated and set aside for street, sidewalk, landscaping, public sewer, and other public utility purposes (see 1-1 12/16/08, ItemL Page 2 of2 Exhibits A and B). The City cannot dedicate right-of-way or easements to itself. Therefore, designating and setting aside portions of the property for the identified purposes clarifies and establishes the intended and physical use of the land, currently and upon transfer to furure owners. As described in Exhibit A and as depicted in Exhibit B: . Parcel A will be Designated and Set Aside for Street and Public Utility Purposes for this extension of Discovery Falls Drive to serve High Tech High and the furure university site. . Parcels B-1 and B-2 will be Designated and Set Aside for Landscape Buffer and Sidewalk Purposes, parallel and adjacent to Parcel A. . Parcel C, required to provide public sewer service to High Tech High, will be Designated and Set Aside for Sewer Purposes. DECISION iVlAKER CONFLICT Staff has reviewed the property holdings of the Clty Council and has found no property holdings within 500 feet of the boundaries of the property, which is the subject ofthis action. FISCAL IMPACT There will be no General Fund fiscal impact to the City. Costs associated with this processing will be borne by Lessee (High Tech High). ATTACHMENTS Exhibit A - Legal Descriptions of Set Aside Areas Exhibit B - Plats of Set Aside Areas Prepared by: Susan lvfihalka, Engineering Technician II, Engineering Revised by. Kirk Ammerman, Principal Civil Engineer (I l/20/2008 10:24 ANI) 1-2 EXHI81T A RBF CONSULTING 9755 Clairemont Mesa Boulevard, Suite 100 San Oiego, California 92124 Oate 10/27/2008 IN 25-102119 EXHIBIT 'A' AREA OESIGNATED AND SET ASIDE FOR STREET AND PUBLIC UTILITY PURPOSES PARCEL A That portion of Lot 12 of Otay Rancho; in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No. 862, filed in the Office of the County Recorder of San Diego County on February 7, 1900, described as follows: COMMENCING at the intersection of the southerly line of said Lot 12 with the southeasterly subdivision boundary of Chula Vista Tract No. 01-11.in the City of Chula Vista, County of San Oiego, State of California, according to Map thereof No. 15233, filed in the Office of the County Recorder of San Diego County on December 28, 2005; thence along said southeasterly subdivision boundary, North 48026'30" East 1381.23 feet to the intersection with the centerline of Discovery Falls Drive; thence along the southeasterly prolongation of said centerline South 41033'34" East 11.97 feet to the centerline intersection of Discovery Falls Drive and Hunte Parkway as shown on said Map No. 15233, thence continuing along said southeasterly prolongation, South 41033'34'. East 64.00 feet to the southerly Right-of-Way line of said Hunte Parkway (128.00') as shown on said MaD 15233; thence leaving said centerline along said southerly Right-ot-Way line North 48026'26" East 68.00 feet to the TRUE POINT OF BEGINNING; thence leaving said southerly Right-of-Way line South 03'26'26" West 28.28 feet; thence South 41033'34' East 526.05 feet to the southerly line of said Lot 12; thence along said southerly line of Lot 12 South 71057'39" West 103.61 feet; thence leaving said southerly line North 41033'34" .West 484.70 teet; thence North 86'33'34" West 14.14 feet; thence South 48026'26" West 190.00 feet to the beginning of a tangent curve concave northwesterly and having a radius of 60.00 feet; thence along said curve southwesterly 24.67 feet through a central angle of 23033'23" to a point ot reverse curvature with a curve concave southeasterly and having a radius of 60.00 feet, a radial line of said curve from said point bears South 18'00'11" East; thence along said curve southwesterly 24.67 feet through a central angle of 23033'23" to a point of cusp and to the southerly Right-ot-Way line of said Hunte Parkway; thence tangent from n:\POATA\2510211g\Admin\le~als\2~!9igl03.dcc Page 1 of 2 PARceL A 1-3 said curve and along said southerly Right-of-Way line North 48026'26" East 362.96 feet to the TRUE POINT OF BEGINNING. CONTAINING: 1.203 Acres, more or less. SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. This description was prepared by me or under my direction. /~1 0' /\ c.z;1\..-f ~\L \ ; Stephen R. '11awxhurst LS 7355 License expires 12/31/2009 -"'~~,. A ~q,~s9~\ J ~%""," .." +;*"\ '.$!n.::.-; ;I~"O\\ fi" '" , ~l\ ~ .",.~ m i s '"I"';~ -j J \ 1t -~ "j,...* ~ ~ ",,,',,,,,,,,,'/. ~L ~\:.. :t~ V~ OF'CAr.\F~'" ~~;._~ -...~~ft.~.~ H:\PQATA\25102119\Admin\legals\Zll91g103.coc Page 2 of Z PAi<CEL 1\ 1-4 RBF CONSULTING 9755 Clairemont Mesa Boulevard, Suite 100 San Diego, California 92124 Date 10/27/2008 IN 25-102119 EXHIBIT 'A' AREA DESIGNATED AND SET ASIDE FOR LANDSCAPE BUFFER AND SIDEWALK PURPOSES Those portions of Lot 12 of Otay Rancho, in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No, 862, filed in the Office of the County Recorder of San Diego County on February 7, 1900, described as follows: PARCEL B1 COMMENCING at the intersection of the southerly line of said Lot 12 with the southeasterly subdivision boundary of Chula Vista Tract No, 01-11 in the City of Chula Vista, County of San Die9o, State of California, according to Map thereof No. 15233, filed in the Office of the County Recorder of San Diego County on December 28, 2005; thence along said southeasterly subdivision boundary, North 48026'30" East 1381.23 feet to the intersection with the centerline of Discovery Falls Drive; thence along the southeasterly prolongation of said centerline South 41033'34" East 11.97 feet to the centerline intersection of Discovery Falls Drive and Hunte Parkway as shown on said Map No. 15233, thence continuing along said southeasterly prolongation, South 41'33'34" East 74.00 feet to the southeasterly line of that land designated and set aside as an easement for landscape buffer and sidewalk purposes per City of Chula Vista Resolution No. 2005-402; thence leaving said centerline prolongation and along said southeasterly line North 48026'26" East 58.00 feet to the TRUE'POINT OF BEGINNING; thence continuing North 48026'26" East 10.61 feet; thence leaving said southeasterly line South 03'26'26" West 18.54 feet; thence South 41033'34" East 526.21 feet to the southerly line of said Lot 12; thence along said southerly line South 71'57'39" West 8.18 feet; thence leaving said southerly line North 41033'34" West 526.05 feet; thence North 03026'26' East 14.14 feet to the TRUE POINT OF BEGINNING. CONTAINING: 4,069 Sq. Ft., more or less, H:\POATA\25102!19\Admin\lega1s\21191g10d,dcc Page i of 2 PIl ReEL 81 1 t3 2. 1-5 PARCEL B2 COMMENCING at the intersection of the southerly line of said Lot 12 with the southeasterly subdivision boundary of Chula Vista Tract No. 01-11 in the City of Chula Vista, County of San Oiego, State of California, according to Map thereof No. 15233) fi 1 ed in the Gffi ce of the County Recorder of San Di ego County on Oecember 28, 2005; thence along said southeasterly subdivision boundary, North 48'26'30" East 1381.23 feet to the intersection with the centerline of Discovery Falls Orive; thence along the southeasterly prolongation of said centerline South 41'33'34" East 11.97 feet to the centerline intersection of Discovery Falls Drive and Hunte Parkway as shown on said Map No. 15233, thence continuing along said southeasterly prolongation, South 41'33'34" East 74.00 feet to the southeasterly line of that land designated and set aside as an easement for landscape buffer and sidewalk purposes per City of Chula Vista Resolution No. 2005-402; thence leaving said centerline prolongation and along said southerly line South 48026'26" West 57.00 feet to the TRUE POINT OF BEGINNING; thence leaving said southeasterly line South 86'33'34" East 14.14 feet; thence South 41'33'34" East 484.70 feet to the southerly line of said Lot 12; thence along said southerly line South 71'57'39" West 8.18 feet; thence leaving said southerly line North 41'33'34" West 478.33 feet; thence North 86'33'34" West 4.39 feet; thence South 48'26'26" West 189.39 feet to the beginning of a tangent curve concave northwesterly and having a radius of 70.00 feet; thence along said curve southwesterly 28.78 feet through a central angle of 23'33'23" to a point of reverse curvature with a curve concave southeasterly and having a radius of 50.00 feet, a radial line of said curve from said point bears South 18'00'11" East; thence along said curve southwesterly 20.56 feet through a central angle of 23'33'23' to a point of cusp and to the said southeasterly line ~f said landscape buffe~ and sidewalk easement; thence tangent from said curve and along said southeasterly line North 48'26'26" East 237.96 feet to the TRUE POINT OF BEGINNING. CONTAINING: 5,832 Sq. Ft., more or less. SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. This description was prepared by me or under my direction. /?I Cirf' t ~ StePhen~~st LS 7355 License expires 12/31/2009 H:\?DATA\25102119\Ad~in\lega15\21191g104.doc Page 2 af 2 ~~ ~i) \._J;!".~D 3 ~-\. .' c.'f... __~ /~~ J;;ft.~:;>~;>" R. !"I-'\J:....l~?J.~~ ~"<i.1;, ,.y'(:;;\~ t-. '" "-0:1 .... ., ~\\ , ~ ~'I ,\ ~*' ,-, -0,-" . ~~;~~]J ~<-OP"A \",;,g;; ~~~~:::::-..;..:,1"'> Pltf2ca 61 f BL 1-6 RBF CONSULTING 9755 Clairemont Mesa Boulevard, Suite 100 San Oiego, California 92124 Date 10/27/2008 JN 25-102119 EXHIBIT lAI AREA DESIGNATED AND SET ASIDE FOR SEWER PURPOSES PARCEL C That portion of Lot 12 of Otay Rancho, in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No. 862, filed in the Office of the County Recorder of San Diego County on February 7, 1900, described as follows: COMMENCING at the intersection of t~e southerly line of said Lot 12 with the southeasterly subdivision boundary of Chula Vista Tract No. 01-11 in the City of Chula Vista, County of San Diego, State of California, accordin9 to Map thereof No. 15233, fi 1 ed in the Offi ce of the County Recorder of San Di ego County on December 28, 2005; thence along said southeasterly subdivision boundary, North 48026'30" East 1381.23 feet to the intersection with the centerline of Discovery Falls Drive; thence along the southeasterly prolongation of said centerline South 41033'34" East 11.97 feet to the centerline intersection of Discovery Falls Drive and Hunte Parkway as shown on said Map No. 15233, thence along the centerline of said Hunte Parkway, North 48026'26" East 870.41 feet; thence leaving said centerline, South 41033'34" East 64.00 feet to the southerly Right-of-Way line of' said Hunte Parkway (128.00' wide) as shown on seid Map 15233, and the TRUE POINT OF BEGINNING; thence along said southerly Right-of-Way line, North 48026'26" East 244.35 feet; thence leaving said southerly Right-of-Way line South 41'33'34" East 22.00 feet; thence South 48026'26" West 244.35 feet; thence North 41033'34" West 22.00 feet to the TRUE POINT OF BEGINNING. CONTAINING: 5,376 Sq. Ft., more or less. SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. This description was prepared by me or under my direction. 5~~;;" LS 1355 License expires 12/31/2009 H;\?OATA\25~021l9\Acmin\legals\21191g105.dQC Page 1 of 1 --- ~"1J.D~~""-- k.;r~~'- "">jtJ-..,~,,\. ~Wc,,,, -;." "ii4ij;.9''':::.>\. 1.0 <:.. -...~...':f:/\\\ !:!'" <J,~ '~<P~ '....l'!.Lr.f -p\~,\ ~f:; " _oU ~111 \*! !..;:: /.,::>:0 -;;;'J - ._' II " ~,~,p . ... L"l /"V' \';:A 'AYJ '~..,~- -"'07' ~$" n'1:--- ,..;. ././ ~~~~~ PftRcEL C. 1-7 EXHI81TZ ",------SITE VICINITY MAP NOT 10 seAL::: J :::>- >-- >--< Q:Q: W a :::>- o C/J U -.J C/J -.J II >--< <( a L... i 1 r;2J I \<:C)?-') T '? 0" -~~]A I -rt PARCEL 82 ---- ~ EXHIBIT '8" ---- SKETCH TO ACCOMPANY A LEGAL O[SCRIPTrON FOR AREAS DES/GNA Tm AND SET AS/DE WITHIN A PORTION OF LOT 12 OF OTAY RANCHO CITY or CHULA VISTA STA TE OF CALIFORNIA LEGEND ill LAND DESIGNATED AND SET ASIDE AS RIGHT-OF-WAY FOR STREET AND PUBLIC UTILITY PURPOSES PER CITY RESOLUTION NO, 2005-402 LAND DESIGNATED AND SET ASIDE AS AN EASEMENT FOR LANDSCAPE BUFFER AND SIDEWALK PURPOSES PER CITY RESOLUTION NO. 2005-402 LAND DESIGNATED AND SET ASIDE AS AN EASEMENT FOR SLOPE PURPOSES PER CITY RESOLUTION NO. 2005-402 PARCEL A- AREA DESIGNATED AND SET ASIDE FOR STREET AND PUBLIC UTILITY PURPOSES @ @ ~I ~""I PARCEL B- AREA DESIGNATED AND SET ASIDE FOR ~~"~,,, LANDSCAPE BUFFER AND SIDEWALK PURPOSES r;J0201 ~~~i~;R~-S~~~~ ~5~~~~~~ED AND SET ASIDE FOR P.C>.C. INDICATES POINT OF COMMENCEMENT T.P.C>.B. INDICATES TRUE POINT OF 8EGI~INI~IG 8 IL HUNTE PARKWAY I '\ ~1I t-r t<..I........-------~ ------- - . --- - J- -- -- - --- ~- ----/ 8 c. -PARCFL C 15233 PARCEL A LOT 12 OTAY RANCHO MAP 862 PARCEL 81 ---- ---- SH,U 1 OF 4 SH,US ~ pL...."'="'NCi '" c.E:"'",,, !l """'!l";''lucT'''''' . 9755 CLl>JR8.40NT I.AES,l.. BCUL.:-"VARO. SLr.E ',CO . . II SAN C1EGC, CALFCf'.MA 921:24-1324 CONSULTING a.58.Cl.l5COO' ,"..\.Xa=.3,51..5COl' ","\'jPSF.:,,:n OCTCE[R 27, 2008 J.N. 25-102119 H: \?OATA \25102i iQ\CADD\MAFPING\EXH\2l i9[XI-iC7.DWG 1-8 r NO. DELTA RADIUS LENGTH -------------------- C1 23"33'23" 60.00' 24.67' C2 23"33'23" 60.00' 24.67' >-~ 0:::_ Wo::: >0 o U+<J) - Ul-.J ..-;-.J 0<( LL ~ HUNTE 541'33' 34"E 11 97' \-I~? P,O,C, INT. OF LOT 12 WITH SOUTHEASTERLY BOUNDARY -/ OF MAP 15233 L.Jv- N"-8'26'30"E 1381.23' ---"---<l -------- 541'33'34"E 64.00' ( N48'26'26"E 362.96' - - --iQ;- IJ;- . ,- c- a /P ,,'!? '< --- N86'33'34"W 14.14' a'" "ij" "- '<,. y CoG ----- -- EXHIBIT 'B" SKETCH TO ACCOMPANY A L[GAL DESC.9/PTfON FeR -- AR[A D[SIGNA TW AND SU ASIDf FOR STR[U AND PUBLIC UTILITY PURPOSES WITHIN A PORTION or LOT 72 OF OTA Y RANCHO b-7 1-9 r{5 ?J ,<Se.- a SOUTHEASTERLY BOUNDARY OF l MAP 15233 PARKWAY \ , \ ~ ({) T,P,O,B. PARCEL A LEGEND ~I PARCEL A- AREA DESIGNATED AND SET ASIDE FOR STREET AND PUBLIC UTILITY PURPOSES - 1.203 ACRES. SH[ET 2 OF 4 SHEETS -- ~ "''-A",,,,'NG . 0""''''''' .il CC"'ST"UCT'CN S7~ c...A!PSIACNT MESA ::CUl..2VAPO, SUT'.:. :CC . . . SAN DECO, CAL:FCANtA 9z\24-1:l24 CONSULTING il5a.814.5000' FAX351l.tM.50Cl' """"ASF.com OCTOBER 27, 2008 J.N. 25-102119 H: ,PDATA \25i021 19 CACD\MAPPING\EXH\2119EXHOJ.DifG NO. DELTA RADIUS LENGTH -------------------- C1 C2 23"33'23" 23"33'23" 70.00' 50.00' 28.78' 20.56' 11 P,O.C, INT. OF LOT 12 WITH SOUTHEASTERLY BOUNDARY -/ OF MAP 15233 L --^v N48'26'30"E 1381.23' ~ 541'33'34"c. 74.00' N48'26'26"E 57.00' T,P,O,B. PARCEL '82' _ N48'?6'26"t:. 23/.96' C') '-"""""" '-" "- ~~::-/...cl 5"-8'26'26"'11 189.3_9':" !f;' N86'33'34"W 1'Ji' 4.39' I:.... 1'- o 1,0 I~ < ~I i ~m'CD N48'26'26"ic. 58.00' ~ T,P.O,B, PARCEL '81' .~ ~ /I N48'26'26"E 10.61' I / \ RjW --- -~~- --_ LOT 12 ~~~~ OTAY RAN_CHO ~//~ MAP 862~~ >-~ et:_ Wet: >0 o U-i{!) U'l---1 ~---1 0<( LL eo;J ------- i:'i\1>.? HUNTE 541'33'34"E '" 1 " I W J W " <.D n I ('oJ n 1 CD ~ N CD I n CD 0 Ul I z [ ",I ~I LJl ~I I ,3'1 ;5;1 nl ,"l :-1 ~I 1 ---.. ---.. ~lij:'^ "-,, : "-.8' ~I.'r ,/ ---..1.0(~ 1.0 9p' ~12 I q1'-7'3a"~7'< I EXHIBIT 'B' ~ ::J 8-,8' \: \ SKETCH TO ACCOMPANY A ,,,71'57'39"E L[GAL OESC.9/PTlOtV FOR ~ 0' -, ' II . ---.. I ......0 -.. AREA DESIGNAT[D AND SET 571'57'39"'11 ASIDE FOR LANDSCAPE BUFFER 8.18' AND SIDEWALK PURPOSES WITHIN A PORT/ON OF LOT 12 OF OTA Y RANCHO PARCEL '82' ,"l 0 ,," ,,,,;, ,... "i;-;' cD '" , ,... CD '" <,,;. " "" ,:>0 s w '" '" n n "l n " " " ;;: z Ul ---......... 7.5' f LJl 0 ('oJ <.D CD ('oJ ('oJ '.n LJl S W '" " n ,"l n n " " .,., " .,,- z Ul 7.5' e,-::3 1-10 r) '?JrO \00 B SOUTHEASTERLY BOUNDARY OF l MAP 15233 ~~~,KWA Y \ 503"26'25"'11 1854' PARCEL '81' ~ PARCEL B- A,REA DESIGN A TED AND SET ASIDE FOR LANDSCAPE BUFFER AND SIDEWALK PURPOS::S PARCEL B1- 4069 SO.FT, PARCEL B2- 5832 SO.FT. SHET J or 4 S.'![[TS ~ ",\..".,.....,,,,,,, . "'''!!ltlN .. CONST"UC:"'l'10N CONSULTING 975.5 ~u.;R..."'\lCNT j,jf3A eCUL=V,>.P.C, 51JlTE :co 8M i:IECO. C).~F.NIA 92124-t:l2.4 1!5afi145COO . PAX 1l58.6145a01 . '""",reF.cern OCTOBER 27, 2008 .IN. 25-102119 N: 'pOA TA \251021 19\CACD\MAPPfNG\EXH\21 19EXH04.DWG P.O.C. INT. OF LOT 12 WITH SOUTHEASTERLY BOUNDARY OF MAP 15233 I j" DISCOVERY FALLS I DRIVE I SOUTHEASTERLY -/ NLS'26'30"EI .." / k:::\'3S1.23~LS41 3334 E 11.97' BOUNDARY OF MAP 15233 !.P.O.B. PARCEL C ----'I '---- ~- N4B'25'25"E 870.41' N48'25'25"E _ ~ HUNTE PARKWAY?/W _ ; S41'33'34"E 54_00' 244.35' A ~----!:_- r~' - t ...---- N41'33'34"W 22 OO,.Y"" 244.35'--~ :: -11------3-/e@--I'----~~---I-~:;~::"~ II I LOT 12 JIMP 852 II I APN 643-070-10 I ~ PARCEL 82 II I; PARCEL A II II PARCEL 81 LOT 8 j'yjjI,p 15233 Wo '0 v- "'N -N '" '" ~ LOT 9 II PARCEL C- AREA DESIGNATED AND !>i SET ASIDE FOR SANITARY SEWER PURPOSES 5,376 SQ.FT_ S00;.;. 0,0- ( /o;'i'( Or 7} (live I , LOT 13 j'yjjI,P 852 / LOT 8 SK[TCH TO ACCOMPANY A LEGAL O[SCRJPTfON fOR o Ls~~'ioio"= 200 400 ~4 ,~ ~ 500 h,~p;.--_"nJ SCALE 1"=200' SH[U 4 OF 4 SH[[TS AREAS DES/DNA TED AND SET AS/DE rOR SEWER PURPOSES WITHIN A PORTION or LOT 12 or OTA Y RANCHO CITY or CHULA ViSTA ~ PI...AN""NG . "lE:sl[]" :II C:CNST'lUC:TIc:l,," "JJ.-U. .l.-' 1 CONSULTING 97$5 Ct...iIJflEIJONT ~ESA SOJL=-VAAO, S\Jl1"E 'CC ~A,'l ClEGC. c.lLFCF./'IA ~Z124-':n,j aa14SCCC . "AX a.5IL61<:.5C01 . .""""iEF.c=. 1-11 oaceER 27, 2C08 J.N. 25-1021/9 1-:: \POATA \25i02119\CACD\MArPi,',iG\D.HiBii5\21 iEEXH5.tJn'G RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DESIGNATING AND SETTING ASIDE CERTAIN CITY-OWNED REAL PROPERTY FOR STREET, PUBLIC UTILITY, LANDSCAPING, SIDEWALK AND SEWER PURPOSES FOR DISCOVERY FALLS DRIVE AND HUNTE P ARKW A Y WHEREAS, the City of Chula Vista is the fee owner of that certain real property, situated in the City of Chula Vista, County of San Diego, State of California, more particularly described as Lot 12 of the Otay Ranch, in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No. 862, filed in the Office of the County Recorder of said County, February 7, 1900; said land currently designated as Assessors Parcel No. 643-070-10- 00; and WHEREAS, said property was acquired in fee subject only to the condition that property shall be used for educational, active public recreation, commercial, industrial, and all other uses except non-university related residential; and WHEREAS, the public need and convenience required that certain public street and highway improvements and appurtenant works be constructed and placed through, in, on, across, over, under and above portions of the above described real property, for the improvement of Discovery Falls Drive and Hunte Parkway, said portions of said Lot 12 as more particularly described in legal descriptions thereof, marked Exhibit "A", and as shown on plats thereof, marked Exhibit "B", all attached hereto and incorporated herein by this reference; and WHEREAS, this City Council desires to designate and set-aside said real property described as Parcel A of said Exhibit "A" for street and public utility purposes; and WHEREAS, this City Council desires to designate and set-aside said real property described as Parcels B-1 and B-2 of said Exhibit "A" for landscape buffer and sidewalk purposes; and WHEREAS, this City Council desires to designate and set-aside said real property described as Parcel C of said Exhibit "A" for sewer purposes; and NOW, THEREFORE, the City Council of the City of Chula Vista does resolve as follows: SECTION 1. That this City Council hereby designates and sets aside for street, public utility, landscape buffer and sidewalk purposes, ::tll for public purposes through, in, on, across, over, under and above the real property described as Parcels A, Bland 82 of said Exhibit "A". SECTION 2. That said designations are to continue in full force and effect so long as said property is used for the above stated purposes and uses, until such time as said land is re- designated to another allowed use or until such time that said real property has been lawfully abandoned by the duly constituted public authorities, at which time said property shall revert to the person, persons or entity entitled thereto. H:\ENGINEERIRESOSIResos2008\12-16-08\HTH Rl;SO - SC!tjll~ :lSide.doc 1-12 Resolution No. 2008- Page 2 SECTION 3. That this CitY Council hereby designates and sets aside for sewer purposes through, in, on, across, over, under and above the real property described as Parcel C of said Exhibit "A". SECTION 4. That said sewer designation is to continue in full force and effect so long as said property is used for the above stated purposes and uses, until such time as said land is re- designated to another allowed use or until such time that said sewer designation has been lawfully abandoned by the duly constituted public authorities, at which time said property shall revert to the person, persons or entity entitled thereto. SECTION 5. That the City Clerk shall cause a certified copy of this resolution to be recorded in the Office of the County Recorder of the County of San Diego evidencing this action. SECTION 6. That said designations and set asides shall be effective upon the filing of said certified copy in the official records of San Diego County. Presented by Approved as to form by Richard A. Hopkins Director of Engineering ~.- ft.Jlart C. City Attorney H:\ENGlNEERIRESOSIResosZOO8\IZ-l6-08I1-1TH Rcso - s~ning aside.doc 1-13 CITY COUNCIL AGENDA STATEMENT ~(!t- CITY OF '-~ (HULA VISTA ITEM TITLE: SUBMITTED BY: REVIEWED BY: 12/16/08, Item ~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR PROPOSED ASSESSMENT DISTRICT AD 2008.01 ALONG GLENHA VEN WAY .A.l'ID SETTING THE TIME ANTI PLACE FOR A PUBLIC HEARING RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE TRANSFER OF SIOO,OOO FROM EXISTING CAPITAL IIvIPROVEMENT PROJECT STL306 "SOUTHWESTERi'l CHULA VISTA IMPROVEMENTS" TO EXISTING CAPITAL IMPROVEMENT PROJECT STL304 "GLENHA VEN WAY STREET IMPROVEMENTS" FOR EXPENDITURES RELATE D6 PliBLIC STREEir IMPROVEMENTS , DIRECTOR OF ENGINEERING ' INTERIIvI CITY M.~l\[AGER ~ 4/STHS VOTE: YES D NO [g] SUM.MARY On December 9, 2008 the City Council accepted a petition signed from 27 of the 37 owners of residential properties along Glenhaven Way, Elm Avenue and Amy Way west of First Avenue requesting that special assessment district proceedings be commenced for the purpose of financing the construction of curbs, gutters, sidewalks and street improvements. The Council also directed the City Engineer to prepare the required Engineer's Report for the proposed Assessment District. Staff has completed the Engineer's Report containing the preliminary design and cost estimates for this proposed proj ect as well as the proposed Assessment District Boundary. ENVIRONMENT AL 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(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 enviromnental review is necessary. 2-1 12/16/08, Item~ Page 2 of 3 RECOMMENDATION Council adopt the resolutions. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION The area being proposed for the Glenhaven Way Assessment District consists of Glenhaven Way from First Avenue to the west end of street, continuing into Elm Avenue and then Amy Street to its western terminus. These are residential streets with an 80- foot wide right-of-way and are located within the Castle Park area of the City of Chula Vista. The Castle Park area is generally bounded by Third Avenue to the west, Hilltop Drive to the east, Naples Street to the north, and Palomar Street to the south. . Existing improvements within the proposed Assessment District generally consist of deteriorating asphalt streets with little or no other street improvements. There are no existing curb, gutter or sidewalk improvements on these streets. On December 6, 2008 the City Council accepted a petition signed by the owners of 27 of the 37 properties located within the proposed district area. The Council also directed the City Engineer to prepare the required Engineer's Report for the proposed Assessment District. Staff has completed the Engineer's Report containing the preliminary design and cost estimates for this proposed project as well as the proposed Assessment District Boundary. Engineer's Report This project consists of the constmction of curb, gutter, sidewalk, driveway aprons and street replacement along Glenhaven Way from First Avenue to the west end of street, continuing into Elm A venue and then Amy Street. Details of the cost breakdown and design considerations are included in the Preliminary Engineer's Report (Attachment 1). This report includes a proposed boundary map and the recommended constmction cost payable per included property. The total project costs are estimated to be $1,000,000, of which the property owner's share is $204,435. This amount is to cover the cost of constmcting their concrete driveways, aprons and the removal of private improvements from the public right-of-way. The City Council is being asked to review, amend if desired or necessary and approve this Engineers Report. Public Hearing and Balloting Council is also being requested to set the time and place for a public hearing regarding the formation of the District and the constmction of the improvements, and to order the initiation of assessment balloting proceedings. If the resolution is adopted, staff will mail notices of the. public hearing, together with assessment ballots, to all property owners within the proposed district at least 45 days in advance of the public hearing, which will be held Tuesday Febmary 3'.d, 2009 at 4:00 PM. At the public hearing, property owners may present objections to the proposed work in accordance with Section 5132 of the California Streets and Highways Code and show cause why the proposed work should not be carried out in accordance with the Resolution of Intention. 2-2 12/16/08, Item~ Page 3 of 3 Additionally, by completing their assessment ballots, the property owners will have the right to speci fy their support or opposition to the levy of assessments to finance the construction of the driveway aprons. The property owners have the option of revising their assessment ballots until. the end of the public hearing. These assessment ballots will include the maximum principle amount that each owner is required to pay. If the majority of property owners approve the levy of these assessments, the City Council may then order the formation of the Assessment district and the construction of the improvements. DECISION MAKER CONFLICT 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 that is the subject of this action. FISCAL IMPACT There are sufficient funds in existing projects for the public street improvements. At this time, staff is recommending transferring funds in the amount of $100,000 from STL306 to STL304. This transfer will allow the project to continue moving forward. It is anticipated that staff will return to Council in the near fuhlre to appropriate additional funds at time of award for construction. ATTACHMENTS Attachment 1: Preliminary Engineer's Report Prepared by: Rick Ryals. Real Properry /vranager, Engineering Depr. M:\Engilleer\AGENDA\CAS2008\12-16-08\Glenhaven AD NO 2 rev 12090S.doc 2-3 pTTACHMENT J ENGINEER'S REPORT GLEN HAVEN WAY SIDEWALK IMPROVEMENTS 1913 ACT ASSESSMENT DISTRICT AD 2008-01 DECEMBER 16, 2008 2-4 Background Glenhaven Way, Erom First Avenue to the west end of street, continues into Elm Avenue and Amy Street (referred to as Glenhaven Way Assessment District) at the western terminus in the City of Chula Vista. The subject Assessment District is a residential street with an 80-foot width of right-of-way and is located within the Castle Park area of the City of Chuta Vista. The Castle Park area is generally bounded by Third Avenue to the west, Hilltop Drive to the east, Naples Street to the north, and Palomar Street to the south. Existing improvements within the Glenhaven Way Assessment District boundaries generally consist of asphaltic concrete pavement with some existing curb-and- gutter improvements. On December 9, 2008 the City Council accepted a petition signed from 27 of the 37 owners ofresidential properties along Glenhaven Way, Elm Avenue and Amy Street west of First Avenue requesting that special assessment district proceedings be commenced for the purpose of financing the construction of curbs, gutters, sidewalks and street improvements. The Council also directed the City Engineer to prepare the Required Engineer's Report for the proposed Assessment District. Staff has completed the Engineer's Report containing the preliminary design and cost estimates for this proposed project as well as the proposed Assessment District Boundary. "Pursuant to Council Policy 505-1, Assessment Districts for the construction of infill street improvements will be formed with the participation ofthe City using either the Improvement Act of 1911 or the Municipal Improvement Act of 1913, as enacted and amended in the California Streets and Highways Code and as amended by City ordinances. The Assessment balloting process shall be conducted in accordance with Article XIIID of the California Constitution (Proposition 218) or applicable State law." 2 2-5 Overall Design and Cost Estimate The project area and general location of improvements are shown on Exhibit A, the Proposed Boundary Map for Assessment District 2008-01, Glenhaven Way Assessment District. The properties, which will benefit from these improvements and would be a part of the district, are as follows: I Address I Assessor's Parcel Number I 1260 FIRST AV. 61 9-250-39 110 GLENHAVEN WAY 619-250-40 116 GLENHAVEN WAY 619-250-41 122 GLENHAVEN WAY 619-250-42 128 GLEN HAVEN WAY 619-250-43 134 GLEN HAVEN WAY 619-250-44 140 GLEN HAVEN WAY 619-250-45 146 GLENHAVEN WAY 619-250-46 152 GLENHAVEN WAY 619-250-47 1255 ELM AVENUE 619-250-48 1259 ELM AVENUE 619-250-49 150 AMY STREET 619-231-23 154 AMY STREET 619-231-22 158 AMY STREET 619-231-21 162 AMY STREET 619-231-20 166 AMY STREET 619-231-19 170 AMY STREET I 619-231-18 174 AMY STREET 619-231-17 178 AMY STREET 619-231-16 1253 SECOND AVENUE 619-250-03 1258 ELM AVENUE 619-250-23 175 GLEN HAVEN WAY 619-250-24 169 GLENHAVEN WAY 619-250-25 163 GLENHAVEN WAY 619-250-26 157 GLENHAVEN WAY 619-250-27 151 GLENHAVEN WAY 619-250-28 145 GLENHAVEN WAY 619-250-29 139 GLENHAVEN WAY 61 9-250-30 133 GLEN HAVEN WAY 619-250-31 127 GLENHAVEN WAY 619-250-32 121 GLENHAVEN WAY 619-250-33 115 GLENHAVEN WAY I 619-250-34 109 GLEN HAVEN WAY 619-250-35 103 GLENHAVEN /1270 FIRST AV. 619-250-36 3 2-6 The improvements include reconstruction of the asphaltic concrete street, construction of monolithic curb, gutter and sidewalk, and miscellaneous associated drainage facilities. Where driveways are located, a driveway apron will be constructed to provide a transition between the street, the sidewalk and the driveways. Several properties have trees, fences, gates, or walls, which will need to be removed, relocated or reconstructed to construct the proposed street improvements. Total construction cost for the project is estimated to be $1,000,000. This estimate is based on the preliminary design. City staff costs for design, inspection and associated soil testing are estimated to be an additional $400,000. Method of Apportionment The City of Chula Vista has offered the Castle Park area property owners an incentive to form an Assessment District for the installation of street improvements. The City would pay for replacement of existing improvements and City staff costs related to planning, design, surveying and construction inspection. Property owners would be required to pay for the driveway aprons and the relocation of private improvements within the City right- of-way. The property owners' responsibility has a total estimated cost of $204,435. Costs must be apportioned to each property based on the area of the driveway aprons along the property's frontage and any private improvement relocation within the City's right-of-way. The breakdown of construction costs among the properties within the district is shown below. For each property, the square footage of driveway apron was individually calculated. The calculation was broken into two parts: the actual driveway and the wing area on each side of the driveway, which provides a transition between the driveway and the sidewalk. Several properties will also require private improvement relocation. Costs associated with the relocations are included with the preliminary assessment. 4 2-7 Address Assessor's Private Improvement Preliminary Parcel Number Modifications Assessment 1260 FIRST AV. I 619-250-39 I NONE I $2,790 EXIST CHAIN LINK GATE, POST AND 110 GLENHAVEN WAY 619-250-40 REMOVAL OF $6,785 PORTION OF CLF FENCE 116 GLENHAVEN WAY 619-250-41 NONE $2,475 122 GLENHAVEN WAY 619-250-42 NONE I $5,640 128 GLEN HAVEN WAY I 619-250-43 NONE $7,900 134 GLENHAVEN WAY 619-250-44 NONE $4,170 140 GLENHAVEN WAY 619-250-45 NONE $4,800 146 GLEN HAVEN WAY 619-250-46 NONE $5,100 152 GLENHAVEN WAY 619-250-47 NONE $4,230 REMOVAL/REPLACE 1255 ELM AVENUE 619-250-48 MENT OF EXIST $6,605 CLF/POST 1259 ELM AVENUE 619-250-49 NONE $3,960 150 AMY STREET 619-231-23 NONE $2,925 154 AMY STREET 619-231-22 NONE $2,925 I 158 AMY STREET 619-231-21 NONE I $2,925 162 AMY STREET 619-231-20 NONE $8,790 166 AMY STREET I 619-231-19 I NONE $9,015 170 AMY STREET I 619-231-18 NONE I $8,115 174 AMY STREET 619-231-17 NONE I $2,385 178 AMY STREET 619-231-16 NONE $2,385 1253 SECOND AVENUE 619-250-03 NONE $4,425 REMOVAL/REPLACE 1258 ELM AVENUE 619-250-23 MENT OF EXIST $13,710 CLF/POST 175 GLENHAVEN I 619-250-24 NONE $7,005 5 2-8 169 GLEN HAVEN 619-250-25 I NONE $14,700 163 GLENHAVEN WAY 619-250-26 NONE I $4,995 REMOVAL OF 157 GLENHAVEN WAY 619-250-27 PORTION OF EXIST $9,985 BLKWALL WI IRON FENCE RELOCATION OF 151 GLENHAVEN WAY 619-250-28 EXIST PLASTIC RAIL $7,860 FENCE 145 GLENHAVEN WAY 619-250-29 I NONE [ $6,450 139 GLENHAVEN WAY I 619-250-30 NONE $6,180 133 GLEN HAVEN WAY 619-250-31 NONE $7,020 127 GLEN HAVEN WAY 619-250-32 NONE $6,045 121 GLENHAVEN WAY 619-250-33 NONE $10,455 115 GLENHAVEN WAY I 619-250-34 I NONE $4,890 109 GLENHAVEN WAY 619-250-35 NONE $4,005 103 GLENHAVEN 11270 619-250-36 NONE $2,790 FIRST AV. Total of Preliminary Assessments = $204,435 The cost breakdown in this Engineer's Report will be reviewed after the project has been constructed. At that time, all actual quantities will be known, and the cost of the Final Assessments can be determined based on the Contractor's bid result, which the City awarded the contract. The assessment for each individual property cannot be increased without another ballot process. 6 2-9 EXHIBIT "A" 7 2-10 I '.~h_______' '.1' ,,' , ..j , ----------- , 1 I" , :------ I __ _____" r----I 1 I ~--I--i---l j I ' , , , , , '-=} -: I r: --~: i i r----j :1 I: 'I' :, i i i i i i i i hT--.J __ :: " dl1" " " " I' II _.~_~L i i ..~ !....Ll.LiJ.i.i.LLJ I ' .. i i I ---5EeeN[)--- 'fNU[ I ----- ---- ----uTuT--T--T--ThT--!TT---rT--T--T--1 C --T- - i i i : : : :" : : : : : II: T : : : !! I L---+__..L___L__L_~ 'I i i ! i j----' f--- :: f---L-U: , ' I ' I i ------.1 i h : ,f---- r- ''.: : u : ~ : u___~-- -----------11 h--:~ I i'-" \, ! ! ~ :J---~--l----- : ,: ! ! ! '''''~-~+.IT-~ -----1h--- i --T-i--1, ! ~ ~ ~- I---u-\ ((-- ----- : : : : : " " " " , t---h~d~: 1 -------- ----- : n+-f '-: ! i i i i :,.,. -,- " -------1' ___h I I I I I : : : : , Jtn ~' : :: :: I I I I [:=::J~ i_::=:: ,,-~\- /_h1-: : --1 I' H-t-+ . ! ICtli "" I ~ ' I I , J---u i:;: i ----- /I, "tf' ,,/' , u-----i:=.::--j ~'~! ! i i 'I r .~-.... ," I ,,' I " I -~ ----i ' , *------~ ~h----II.' h___ I,' h : I ~-----l :___..LU " : I: t ' I ~----- , , - - - - ______-It::=::~! ~::=::-rlt:: :-~11~' ~::=:: '~: ,~t:: :: I' ~:j [ i '----'l' ~ L-'rf-- ~-----, t : ::: --'I h- i~! ___h ::l>. : u___ ___h ___h '~ , U1 --. n ! i ~---1 i : : I ~ -Tn, ~ ~-Th , hin: :: : Ii:: : : ! I I UI . : : :1: : {' I I II I': I I ! I : I ! I . 1 1-- J I l I "'" I I ': I __..Lh~ '. ---L_ -' I __--L__ __...i__ I Ii uj : i I __~ '--FIRSJ--~ Avf('lU[ + i --:=+-=---- rT--,--/--TT--IT--lf--T-' , u , T T -i I r-TuTT i j j ~j! i i 'I ! {.--j' i i-n_--I, I i I I i _ i --~:~--<,' ,/--t--- --L ,- ___L+-____,~ L__l.__Ll. TUThTT\ \ j- --t: -- --! -- : : (__';u'---;, : : i i .~'-~-- i, -----t- ----1 : : : : I I , , " ':" 1/ I I I 1 i i LL i \ ,! I i r------, u--j I Iii i 0: \SDSKPROJ\STLJ04 \Draw \Final\ lemp \STLJ04-vicinily.dwg DRAWN BY: TITLE: CESAR V. MAGBUHA T DA T[: SHEET 7-28-08 OF SHTS a.. <(=:1 ~G >-V) WCl ~<: CITY OF CHULA VISTA GLENHAVEN WAY IMPROVEMENTS PROJECT FILE #STL-J04 PREPARED BY: CESAR V. MAGBUHA T APPROVED BY: JEFF MONEDA 12/10/2008 OJ:04:4J PM PST RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA YIST A APPROVING THE ENGINEER'S REPORT FOR PROPOSED ASSESSMENT DISTRICT AD 2008-0 I ALONG GLENHA YEN WAY AND SETTING THE TIME AND PLACE FOR A PUBLIC HEARING WHEREAS, residential properties along Glenhaven Way, Elm Avenue and Amy Way west of First Avenue are currently without curbs, gutters and sidewalks; and WHEREAS, the City has received a petition signed by 27 of the 37 residents of this neighborhood requesting the initiation of proceedings to consider the formation of an assessment district to finance the construction of these improvements; and WHEREAS, on December 9, 2008, pursuant to Resolution No. 2008-277, the City Council accepted tbe petition, declared its intention to initiate proceedings to consider tbe formation of an assessment district, and directed the City Engineer to prepare an Engineer's Report; and WHEREAS, City staff, at tile City Engineer's direction, has prepared the Engineer's Repoli containing the preliminary design, cost estimates, and assessment district boundary for proposed Assessment District AD 2008-01. NOW, THEREfORE, BE IT RESOL VED by the City Council of tbe City of Chula Vista as follows: I. That it approves the Engineer's Repon for proposed Assessment District AD 2008-0 I along Glenhaven Way. 2. That it sets the time and place of the public hearing regarding the proposed formation of Assessment District AD 2008-0 I for 4:00 p.m. on Tuesday February 3, 2009 in City Council Chambers, 276 Fourth Avenue. Presented by Approved as to form by Richard A. Hopkins Director of Engineering ~ /'7-h ' ('7 / , ,;, , , // '-->7 q 11:.- /V'-'-~cvo . ~~ . Bart C. Miesfeld ( City Attorney H-\ENGINEER\RESOS\R~S0S:01)8\12-1b.08\Glel)h~vell ."!linee,-'S report revised lly ~c u"2 -1 2 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE TRANSFER OF $100,000 FROM EXISTING CAPITAL IMPROVEMENT PROJECT STL306 "SOUTHWESTERi'l CHULA VISTA IMPROVEMENTS" TO EXISTING CAPITAL IMPROVEMENT PROJECT STL304 "GLENHA VEN WAY STREET IMPROVEMENTS" FOR EXPENDITURES RELATED TO PUBLIC STREET IMPROVEMENTS WHEREAS, residential properties along Glenhaven Way, Elm Avenue and Amy Way west of First Avenue are currently without curbs, gutters and sidewalks; and WHEREAS, the City has received a petition signed by 27 of the 37 residents of this neighborhood requesting the initiation of proceedings to consider the formation of an assessment district to finance the construction of these improvements; and WHEREAS, on December 9, 2008, pursuant to Resolution No. 2008-277, the City Council accepted the petition, declared its intention to initiate. proceedings to consider the formation of an assessment district, and directed the City Engineer to prepare an Engineer's Report; and WHEREAS, City staff, at the City Engineer's direction, has prepared the Engineer's Report containing the preliminary design and cost estimates for this proposed project as well as the proposed Assessment District Boundary; and WHEREAS, in a companion item, staff is asking the City Council to approve the Engineers report, the design, cost estimates and the proposed Assessment District boundary and set a public hearing regarding the formation of the proposed Assessment District; and WHEREAS, there are sufficient funds in existing projects for the public street improvements needed along Glenhaven Way, Elm Avenue and Amy Way west of First Avenue and staff is recommending transferring $100,000 from existing capital improvement project STL306 "Southwestern Chula Vista Improvements" to existing capital improvement project STL304 "Glenhaven Way Street Improvements". 2-13. Resolution No. 2008- Page 2 NOW, THEREFORE, BE IT RESOLVED by tbe City Council oftbe City ofChula Vista that it authonzes the transfer of $lOO,OOO from existing capital improvement project STL306 "Southwestern Chula Vista Improvements" to existing capital improvement project STL304 "Glenhaven Way Street Improvements" for expenditures related to public street improvements. Presented by Approved as to form by /1 ~ \_ji~ (t- - _~ ~ Bart C. Miesfeld ~ City Attorney Richard A. Hopkins Director of Engineering H:\ENGr.-IEER\RESOS\Resos2008\IZ_16_08\Glcllhaven funds n:vised by ec.doc 2-14 CITY COUNCIL AGENDA STATEMENT ~\!f:.. CITY OF . · -" (HULA VISTA 12/16/08, Item 'E3 ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OFTRE .CITY OF CHULA VISTA APPROVING CONSTRUCTION CHANGE ORDERS FOR MCMILLIN LAND DEVELOPMENT FOR THE CONSTRUCTION OF PROCTOR VALLEY ROAD REACH 5 (AGUAVISTA DRIVE TO CO~S .... HILLS DRIVE) DIRECTOR OF ENGCNEERIN. .1 CNTERIM CITY MAt'lAGER ",/J . 4/5THS VOTE: YES D NO r:g] SUBMITTED BY: REVIEWED BY: SUMMARY McMillin Land Development has constmcted a segment of Proctor Valley Road between Agua Vista Drive and Coastal Hills Drive (see Attachment 1). This roadway is within the Transportation Development Impact Fee (TDIF) program and, therefore, eligible construction costs are credited against the payment ofTDIF fees for the development. 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 153 78(b)(2) of the State CEQA Guidelines, because this action involves the use of previously authorized funds, 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 Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION On an ongoing basis, costs associated with the constmction of TDIFroads are audited by staff to determine eligibility. According to the Engineering Department's Directives and Procedures for TDIF Reimbursement, costs must be competitively bid to be eligible and anyroadway with change orders above $50,000 are brought before Council for approval. Some change orders under consideration were performed on a "time and material basis", meaning that the typical "unit cost" was not bid out and are not in compliance with the Engineering Department's Directives and Procedures. The Engineering Department has met with developers to create a process to eliminate these types of change orders in future with the competitive bid method. In this case, the developer 3-1 12/16/08, Item~ Page 2 oI2 asserts, and staff was able to verify through unit cost comparisons with other contracts and estimates obtained from similar contractors, that they were able to achieve a lower overall project cost. Change Orders The facilities associated with these change orders are pedestrian ramps, street sweeping as a water quality measure, landscaping located within the City's landscape easements; fine grading of the road, and additional storm drain improvements between Agua Vista Drive and Coastal Hills Drive (see Exhibit B for a detailed breakdown on the change orders). Background The TDIFcost estimate for the Facility 598 (Proctor Valley Road between Coastal Hills Drive and AguaVista Drive) was $1,234,897. The total audited cost of Proctor Valley Road Reach 5 is $1,242,131.42, or within 0.6 percent of the budget. Staff is recommending Council' approval of the audited costs related to the change orders. This credit will be added to credit approved on March 9,2005, in accordance with TDIF Policy. In summary, Proctor Valley Road is complete and McMillin is requesting reimbursement, in the form of TDIF credits, for the balance of construction costs for Proctor Valley Road, Reach 5 in the amount of $443,079.96. Staff recommends approval of the change orders due to the overall costs being consistent with the budget and an analysis of the costs of similar facilities. Table 1 provides a summary. Table 1. Proctor Valley Road Construction Cost Comparison TDIF Estimated Total Construction cost for Facility Costs for Proctor 59B (Proctor Valley Road (including Valley Road $224,026.37 in . TDIF credits to be between Costal Previous awarded to Hills and Agua construction authorized McMillin Land Vista) changes) TDIF credit Development. Proctor Valley Road $1,234,897 $1,242,131.42 $799,051.46 $443,079.96 DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property, which is the subject ofthis action. FISCAL IMPACT There will be no direct fiscal impact to the City. Costs associated with this processing will be borne by the developer. ATTACHMENTS Attachment 1. Map of Proctor Valley Road Attachment 2. TDIF Estimate for Proctor Valley Road (Facility 59B) Exhibit A. Additional Cost breakdown for the Proctor Valley Road Exhibit B. Change Order Information Prepared by: Chester Bautisla, Associate Civil Engineer, Engineering Dept. M:\Engineer\AGENDA \CAS2008\12-16-0.8\Proctor Valley Road TOlF.doc 3-2 ATTACHMENT 1 3-3 CHULA VISTA TDIF FACILITY EXHIBIT FACILITY NO, 5gB PROJECT DESCRIPTION: PROCTOR VALLEY ROAD FROM ROLLING HILLS RANCH N[JGHBORHOOD NIN[ WE'ST [NTRANC[ TO [AST [NTRANC[ CONSTRUCT 4 LAN[ MAJOR ARTERIAL ROAD, (L[NGTH = 1.035') ". ^ "'- -<. & # I$ ~ :;; s~ :3:::' ,,~ Gal rl \ i \ e 100' e I 50' 50' 32' 8' 8' , 32' 5,5' I 10' TYP, TYP, 't. I I I 4 ~ P. C. C. SlD['NALf( 6- TYPE: -cR CURB & GUTTER 4- LANE MAJOR NO SCALE . 3-4 ATTACHMENT 2 .:"lcf"''\c'''Oc''C '''''''''''~T.,;ilJSn:''"'ffl;.~~,_"",,,,,,,..,~_,,,,,,,: - iIk~""~~~V~j~~~ji~i?Tk~V/~~,-, ,f:?~~~~,,~. '"";~~~;~ FACILITY 59B Proctor Valley Rd RHR Neigh 9 West Entrance to RHR Neigh 9 East Entrance New 4 Lane Major Road Length (Lf): 1,035 ~li':M.~!);;I..'f-J;~/iW',lJ'~'jll/'''~~/'~oj'}.~'ll''~U.7)!(ta"i.l!.!~ 1 Earthwork' Linear It 1035 $ 190.00 $196,650 2 Drainage Items Linear It 1035 $, 130.00 $ 134,550 3 Surface Improvements Linear It 1035 $ 315.00 $ 326,025 4 Dry Utilities Linear It 1035 $ 60.00 $ 62,100 5 Landscape & Irrigation Linear It 1035 $ 150.00 $ 155,250 6 Misc. Construction Logistics, Linear It ' 1035 $ 10.00 $' 10;350 TOTAL HARD COSTS $ 884,925 SOFT COSTS 'Contingency (15% 01 total hard costs including right-aI-way) Civil Engineering (7.5% 01 hard costs, excludes right-aI-way) Soils Engineering (15% of earthwork costs) . Landscape Architecture (10% 01 landscaping costs)' Surveying (2% 01 hard costs, excludes right-aI-way) Utility Engineering/Coordination (3% 01 dry utilities costs) . Inspection/Administration '(6'Y; 01 total hard costs including right-aI-way) Developer Administration (1.75% 01 total hard costs including right-aI-way) City Project Administration (2% 01 totai hard costs including right-at-way) $ 132,739 $ 66,369 $ 29,498 $ 15,525 $ 17,699 $ 1,863 $ 53,096 $ 15,486 $ 17,699 $ 349,972 $ 1,234,897 TOTAL SOFT COSTS TOTAL PROJECT COST . 3-5 Proctor Valley Road Reach 5 (TDIF) EXHIBIT A Description Invoiced Amount Amount Audited Invoices Submitted Max.imum Soft Cost Eligible Amount" Soft Costs <F:r'~:,',;"cr.,."9tM:,~'41'~l)\j"!!,w>!:!r.. .'-'-~-''';f!1\lr.'':''~'''iiUGWi1'...\:;:mF:~'l~'W""",;''''i'^'1):~'~g%ff1t?+ $~lV:iltli.1!gJA~erlngi(fl~:'%:Lqfi?'Fotak.Gon~~t:u~cn().n~,~OfJ:l=.S)ItJ~,!~~ !vuscellaneous Engineering Costs Darnell & Associates Hunsaker & Associates W-~S"'il'~%V.. E';:;t';m:,;,;;::.?!. ~";s;:.~~(1~iJ';*,,,2:?GE'?'1i1.':'.~-C' T;m~t)~~:fY';~'f:.&1f~i~~.dO~ 8>>;.__ 9 _..!it_~Qg~~.e.e~gi;. '. "Ul.!:9J..J. ' ra J11g~'::.os. '~~'W~-1;~.tE_~.il[ Pacific Soils Engineering, Tne. Testing Engineers - San Diego, Inc. Ilw.~(in?E~;$~It~!~~f(J~I.QTQflP:!!litXfG~!t~~1!~{{Q1trGQ~U'~iIk11 Utiility S ecialists Southwest, Inc. Sub-total ""D'.dil-"=~9'.i7'!.!.".."">'~""'(-1-0..~f TJ"~il'='iO"'.~)A"",.".l-"~ ,'1El'..,;;_~!(.?c.<lP~;~,~l~~,!;,~,f~l .___~/',o~9J_"="ag~ 6_~~Pe:L~os.t ,1u~~'"t~i~;;m Delorenzo Inco orated Sioux Munyon $4,431.64 $0.00 $0.00 1 Sub-total $4,43L64 $0.00 $0.00 Soft Cost Total $279)81.32 $204,586.08 $139,892.81 Hard Costs rvfiscellaneous Develo ment costs $202,681.02 $163,743.18 $163,743.18 I' American Concrete $161,582.00 $117,500.00 $117,500.00 1 Cass Construction, Ine, - Storm Drain $206,406.08 $160,137.95 $160,137.95 3 Cass Construction, Ine, - Sewer $60,296.00 $0.00 $0.00 1 Hazard Construction - Streets $241)60.23 $236,969.19 $236,969.19 Sub'roral $872,325.33 $678,350.32 $678,350.32 Lekas Electric, Inc. - T raffie Signals Lekas Electric, Inc. - Traffic Signals (Modify) Schilling Co oration - Street Lighrin Schilling Co oration - Dry Utilities $76,120.00 $38,588.33 $500.00 $500.00 $15,275.00 $15,275.00 $110,537.20 $0.00 $202,432.20 $54,363.33 s~~~~l!~~ $38,588.33 1 $500.00 $15,275.00 $0.00 1 $54,363.33 ~t:~~~~ ~G;a~m~Q~t~1!f%~~A~~a~~7tiif,{ii~~~~ Signs & Pinnick, Inc. Sub-total 1m rovement Cost Total Proctor Valley Road Totals Total Reimbursed to Date ,=m'",!!,'C;"'.'''!1"'._.~..'.~''%IY!.!'I!lit'':;;::!,IffK''''.W<TIi!'_~'\i"m ,.",.ii''A'''S_.'o,,9Jgic.iiiffi ~~2r~~~~~~i?9~'~m..'''," ' ":~~~~ ~~,jf" 7' '~;......::...~ (1) All or some not e1egible for TDIF Credit (2) Only Grading within the RI .ble for reimbursement (3) Only eligible for 18" pipe * Sf';> r:n:J.nD"f' Oropr Tnfnrmahnn $134,763.12 $76,710.12 $134,763.12 $76,710.12 $1,102,238.61 $1,789,129.98 $1,306,824.69 $76,710.122 $76,710.12 Change Orders for Miscellaneous Development Costs Company Approved Amount Description Distinctive Concrete $33,668.00 Installation of ADA Compliant Ped Ramps Doug's Street Sweeping $8,906.00 Street Sweeping for Erosion Control Hudson Safe T Lite Inc. $6,311.88 Traffic Control durinq Construction Luzaich Stripinq $5,875.00 Traffic Control durinq Construction Pacific Erosion Control $2,736.00 erosion control maintenance on Proctor Valley Road Prest-O-Lite Baricade $2,156.80 Traffic Control durinq Construction Southwestern Equipment $93,449.50 Fine Grading of Roadway . T.C. Construction Company $10,650.00 Additional Storm Drain Facilites due to Construction Chanqes Total for MISC. Development Costs $163,75318 . Chan<le Orders for Miscellaneous Landscape Costs Company Approved Amount Description Benchmark Landscape Inc. $34,610.69 Install additional landscaping on Proctor Valley Road D.L. Cunninqham $24,260.00 Additonal Landscape plantings O'Connel Landscape Maintenance $1,412.50 Installation of Backflow caqe w I -.J Total for. MISC. Landscape Costs . See Additional Cost Breakdown $60,283.19 . m >< :::II: - c:J - --I a:J RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CONSTRUCTION CHANGE ORDERS FOR MCMILLIN LAND DEVELOPiVIENT FOR THE CONSTRUCTION OF PROCTOR V ALLEY ROAD REACH 5 (AGUA VISTA DRIVE TO COASTAL HILLS DRIVE) WHEREAS, Proctor Valley Road Reach 5 is listed as Facility 59B of the Transportation Development Impact Fee program; and WHEREAS, in the course of constructing the project it was determined that additional items of work which were not previously included in the original contract needed to be constructed as part of the construction of Proctor Valley Road Reach 5, thereby necessitating the approval ofa Change Order to the contract (Exhibit A & B); and WHEREAS, McMillin Land Development has completed construction of Proctor Valley Road Reach 5; and WHEREAS, McMillin Land Development has requested that Proctor Valley Road Reach 5 be financed by the Transportation Development Impact Fee for the project; and WHEREAS, City staff performed an audit of the project to verify the cost of the project and further verified that Proctor Valley Road Reach 5 has been completed in accordance with the project plans. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Chula Vista does hereby approve construction change orders for McMillin Land Development for the construction of Proctor Valley Road Reach 5 (Agua Vista Drive to Coastal Hills Drive). Presented by . Approved as to form by Richard A. Hopkins Director of Engineering .~~ L ...~.....-"-~ " Bort C. Mi, ,:. - . . . (City Attorney . H.\E?\;GlNEER\RESOS\Resos2008\12-16..(JS\Reso for Pro<.:tor Valley Road Change Order v2.doc . . 3-8 Proctor Valley Road Reach 5 (TDIF) EXHIBIT A Description Invoiced .A.mount ~i\mou.."lt . Soft Costs K~~tiJ~~~~~~~gl('ff5WJii:tf@'&'Ig~o't~c!!rt~T€'~~f~}~!~~ rvllscellaneous Engineering Costs Darnell & Associates Hunsaker & Associates Audited Invoices Submitted Ma.-'ti.mum Soft Cost Eligible .Amaun t $94,357.08 $12,775.25 $46,100.00 $153,232.33 Sub-total Pacific Soils Engineering, Inc. Testing Engineers - San Diego, Inc. Sub-total ~g~IgyX~~~~~~:T(3~!P:fli~m!~yIgQqg~!i;~t;~GR~1r~~~rj Utiility S ec.ialis!s Sout.~west, Inc. .!fgf~lir~~p~!$~t~~1~r(fQ}~t:Qhr~.~~J~'t~~~@~t)1k~r~~ Delorenzo Inco orated $50,590.08 $12,775.25 $46,100.00 $109,465.33 1 Siou."{ tlfunyon $4,431.64 $0.00 $0.00 1 Sub-total $4,431.64 $0.00 $0.00 Soft COSt Total $279,381.32 $204,586.08 $139,892.81 Hard Costs Miscellaneous Develo ment costs $202,681.02 $163,743.18 $163,743.18 l' Americ:l!1 Concrete $161,582.00 $117,500.00 $117,500.001 Cass Construction, Inc, - Storm Drain $206,406.08 $160,137.95 $160,137.95 3 Cass Construction, Inc, - Sewer $60,296.00 $0.00 $0.001 Hazard Construction - Streets $241,360.23 $236,969.19 $236,969.19 Sub-total $872,325.33 $678,350.32 $678,350.32 Lekas Electric, Inc. - Traffic Signals Lekas Electric, Inc. - Traffic Signals (Modify) Schilling Corporation - Street Lighting Schilling Corpomtion - Dry Utilities $76,120.00 $500.00 $15,275.00 $110,537.20 $202,432.20 Sub-total $38,588.33 $500.00 $15,275.00 $0.00 $54,363.33 $38,588.33 1 $500.00 $15,275.00 . $0.00 1 $54,363.53 Signs & Pinnick, Iue. Sub-total 1m rovement Cost Total Proctor Valley Road Totals Total Reimbursed to Date $154,763.12 $76,710.12. $154,763.12 $76,710.12 $1,102,238.61 $1,789,129.98 $1,306,824.69 ~{ilJIl.7;2!2~'fj . $76,710.12 2 $76,710.12 (1) }Jj nr _~nmf'. nnt ,..]pO"il,].. fnr TnTF r.r..riit (?) n,.,lv Gmrli"a ,...;th;n thf' 'R Iw ..Ii"";",]... f<""\<" ......,..,"'".........,..,...".. r"l,' (In h. ..l;~hl.. ;:"'... 1 Q" ...;~.. Chan<le Orders for Miscellaneous Development Costs Company Approved Amount Description Distinctive Concrete $33,668.00 Installation of ADA Compliant Ped Ramps Douq's Street Sweepinq $8,906.00 Street Sweepinq for Erosion Control Hudson Safe T Lite Inc. $6,311.88 Traffic Control durinq Construction Luzaich Strioinq $5,875.00 Traffic Control durina Construction Pacific Erosion Control $2,736.00 erosion control maintenance on Proctor Vallev Road Prest-O-Lite Baricade $2,156.80 Traffic Control durinq Construction Southwestern Equioment $93,449.50 Fine Gradino of Roadwav T.C. Construction Companv lli 650.00 Additional Storm Drain Facilites due to Construction'Chanoes Total for Misc. Development Costs $163,753.18 . Chanqe Orders for Miscellaneous Landscape Costs Comoanv Approved Amount Description Benchmark Landscaoe Inc. $34,610.69 Install additionallandscapinq on Proctor Vallev Road D.L. Cunninaham $24,260.00 Additonal Landscaoe 0lantin9s O'Connel Landscape Maintenance $1,412.50 Installation of Backflow caQe . .W I Total for Misc. Landscape Costs $60,283.19 . ~ o * See Additional Cost Breakdown m X ::c - CD ' - -I ItXJ CITY COUNCIL AGENDA STATEMENT ~f:.. CITY OF -""':'CHUIA VISTA DECEMBER 16, 2008, Item + SUBMITTED BY: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE CAFETERIA BENEFITS PLAJ'l FOR 2009 DIRECTOR OF HUMAN RESOURCES /42- ITEM TITLE: REVIEWED BY: -- INTERIM CITY MANAGER "::>) DEPUTY CITY MANAGER '2y 4/STHS VOTE: YES D NO ~ SUMMARY The Internal Revenue Code requires that employers offering cafeteria plans under Section 125 have a written plan document, and that the employer adopt the plan document annually. This resolution will fulfill this requirement. ENVIRONMENTAL REVIEW. Not applicable. RECOMMENDATION Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION In June 1998, Council authorized updates to the City's flexible benefit plan in compliance with Internal Revenue Service (IRS) guidelines. The document presented here contains the medical, dental, vision, life and flexible spending account options for Plan Year 2009. The medical, dental and vision packages have been reviewed by all City recognized employee groups.. 4-1 DECEMBER 16, 2008, Item~ Page 2 of2 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 I 8704.2(a)(1) is not applicable to this decision. FISCAL IMPACT None with this action. ATTACHMENTS Attachment: A - City of Chula Vista Cafeteria Benefits Plan 2009 Prepared by: Edith Quicho, Benefits Manager, Human Resources 4-2 City of Chula Vista CAFETERIA BENEFITS PLAN YEAR 2009 J:\EdithaQ\EdithaIAGENDA STATEMENnPlan Document\2009 Plan Docwment.doc Page 1 of 9 4-3 City of Chula Vista Cafeteria Benefits Plan This is a Cafeteria Plan of benefits for City of Chula Vista employees and is intended to qualify under Section 125 of the Internal Revenue Code. ELIGIBILITY FOR PARTICIPATION This Plan is for the exclusive benefit of employees of the City of Chula Vista. Eligible employees are defined as individuals who are: 1. Directly employed by the City of Chula Vista, and 2. Working in a part-time or full time benefited status. Hourly employees are not eligible for this plan except for School Site Coordinators under the STRETCH Program. 3. Retired City of Chula Vista employees rehired by the City as active employees may participate ONLY in the group medical insurance premium pre-tax option under Section 125 Premium Only Plan. Other Cafeteria benefit coverage will not be available.' Eligible dependents may be enrolled in medical, dental, vision and optional dependent life insurance. The employee's eligible dependents are: . Employee's legal spouse as defined by California law . Unmarried children who are dependent upon the employee for support if they are under 25 years of age (for medical, dental and vision coverage) and under 23 years of age (for life insurance coverage); . Unmarried children of any age if they are incapable of self-support due to mental or physical handicap and such handicap began before age 25 (medical, dental and vision only); . . Domestic partner as defined by the State of California (not eligible to use Flexible Allotment) . Coveraqe under Familv and Medical Leave Act . Employees who are on approved leave, with or without pay, under the provisions of the Family Medical Leave Act (FMLA), are entitled to full access to their flexible benefit plan during their absence. If an employee fails to return to work after such leave for any reason other than the serious illness of the employee or the family member for whom the leave was granted or through no fault of the employee, they will be required to pay all flexible benefit plan monies paid to them, or on their behalf during the absence. J:\EdilhaQIEdilhaIAGENDA STATEMENT\Plan Documenl\2C09 Plan Document.doc Page 2 of 9 4-4 Coveraqe While on Leave of Absence with Benefits Employees who are authorized to take leave with benefits (e.g., Military Leave as approved by the City Council) will continue to be covered under the flexible benefit plan until expiration of leave. Coveraqe While on Leave of Absence without Benefits The City of Chula Vista does not pay for an employee' s benefits if the employee is in an unpaid status for any reason than those indicated above. The employee may choose to continue their health, and certain optional benefits Coverage at their own cost through the COBRA continuation plan until they return to work or for the designated length of time as determined by the City of Chula Vista. If the premiums are not paid, the coverage will be canceled the first day of the month following the employee's last paid time. Coverage will be reinstated immediately upon the employee's return to work, or the first of the month after their return ifpremiums were not paid during the employee's absence. PLAN YEAR The Plan Year is from January 1 to December 31 of each year. ELECTIONS Election of benefits must occur during the open enrollment period prior to the start of each Plan Year or, in the case of a newly hired employee, within 30 days from eligibility date. Enrollment Forms Elections must be made via Employee Online within the Open Enrollment period. In addition to enrolling online, the employee must also complete and sign all appropriate applications and enrollment forms for.the specific benefits selected. A newly eligible employee must complete and return the Election Form and appropriate forms to Human Resources within 30 days of hire date. Default Enrollment For Miscellaneous Employees Miscellaneous employees are benefited employees in the following bargaining groups: CVEA, WCE, MAYOR, COUNCIL, CITY ATTORNEY, CITY CLERK, EXEC, SM, MM, MMCF, MMUC, PROF, PRCF, PRUC and CONF. If an employee fails to enroll their elections via Employee Online within the Open Enrollment period, the employee's current medical and life insurance will automatically be continued in the next year as if the employee elected to keep them. All other coverage, including dental, vision and Flexible Spending Accounts, will stop. Any remaining Flex Allotment funds will be placed in the taxable Cash Payment Option. J:\EdithaQlEdithaIAGENDA STATEMENTlPlan DOC1.Jmenl\2009 Plan Gocumentdoc Page 3 of 9 4-5 In the case of a newly eligible employee, failure to turn in the completed forms within 30 days from eligibility date will result in automatic enrollment in the least costly health plan made available by the City and the remaining funds will be placed in the taxable Cash. . Payment option. For Safety Employees If Police Officers Association (POA) and International Association of Firefighters (IAFF) represented employees do not enroll via Employee Online and complete the necessary forms within the Open Enrollment period, they will be enrolled in Kaiser Employee Only coverage in the next year. All other options including dental and vision coverage in the current year will be stopped. Life insurance coverage will be continued in the next year. New hires or newly eligible employees who fail to submit required benefit election forms within 30 days of their date of eligibility will automatically be enrolled in the Kaiser Employee Only plan. , Effective Date of Coveraqe The elections are effective for the period of January 1 to December 31 of each year. For employees hired after January 1 of a Plan Year, elections are effective forthe remainder of the Plan Year following eligibility date. Benefits are prorated for employees hired after January 1 of each Plan Year. . Termination of Coveraqe Upon Separation Benefits terminate at the time an employee terminates employment except for medical, dental and vision, which terminateon the last day of the month in which the employee terminates his/her employment. Life insurance coverage will remain in force 30 days from the employee's last paid day on City payroll. An eligible employee who terminates and is rehired within 30 days will be reinstated to his or her prior benefit elections at termination unless another qualifying event has occurred. that allows a change. An employee who is reinstated after 30 days may make new elections. Qualified Chanqe in Familv Status Elections are irrevocable except to accommodate changes in family status as defined in the Income Tax Regulations, 26 CFR Part 1, or to accommodate any significant curtailment or reduction of coverage under any given benefit plan, or in the case of any significant premium increase or decrease imposed by a third-party insurer. Participants who experience a change in family status may be allowed to change elections. . Several examples, although not all inclusive, of the types of events that constitute .a change in family status are as follows: o The marriage, legal separation or divorce of the employee o The birth or adoption of a child o The death of the employee's spouse or dependent J:\EdithaO\Eaitha\AGENDA STATEMENT\Plan Document\2G09 Plan Oocumenl.doc Page 4 of g 4-6 o Court-order with specific requirement to cover dependent o Significant cost change or coverage change o Termination or commencement of employment by employee's spouse o Unpaid leave of absence by the employee or the employee's spouse Changes are also permitted in the event of significant changes in health coverage of the employee or the employee's spouse that are related to the spouse's employment or are subject to the Special Enrollment Period as described in the Health Insurance and Portability and Accountability Act (HIPAA). Changes to benefit.elections will be permitted only to the extent that they are consistent with and appropriate to the reason the change is requested. Proof will be required for all changes in family status. The employee must submit the request to change plan benefits within 30 days of the change in family status to Human Resources. If the request is made after 30 days, the change must wait until the next open enrollment period. CONTRIBUTIONS Employer contributions are a fixed amount provided by the City to each eligible employee on a non-elective basis. Salary reduction agreements are provided for in this Plan for Health Insurance premiums in excess of the employer's contributions. In the event payroll deductions for reimbursement accounts are selected and subsequently stopped due to an eligible family status change, the reactivation of the account will not be permitted until the next plan year if elected during open enrollment. FLEXIBLE ALLOTMENTS FOR MISCELLANEOUS EMPLOYEES Eligible employees are allotted funds based on their bargaining groups. These amounts are prorated for non-full-time benefited employe~s. The allotments are as follows: EMPLOYEE GROUP AMOUNT Confidential $10,176 CVEA $ 9,676 Executive $13,076 MM, MMCF, MMUC, PROF, PRCF, PRUC $10,676 . Senior Managers $11,676 WCE $ 10,676 Mavor $13,076 . Council Members $13,076 Page 5 of 9 J:\EdilhaQ\Editha\AGENDA STATEMENT\Plan Document\2009 Plan Document.doc 4-7 CITY CONTIRIBUTION FOR SAFETY EMPLOYEES (IAFF and POA) The City will pay the full cost of the Kaiser Pernianente Plan premium for Safety employees and their dependents. In a non-Kaiser Health Maintenance Organization (HMO) plan, the City will pay the cost of the annual premium less $600. The employee will pay the $600 premium. If the employee is enrolling in a non-Kaiser Preferred Provider Organization (PPO) plan, the City will pay an amount equal to the City's share of the non-Kaiser HMO premium. The employee through payroll deductions will pay any difference between the City's share of the medical HMO premium and the full PPO premium cost For dental coverage, the City will pay an amount equal to the pre-paid dental plan premium.. For a PPO dental plan, the Safety employee will pay any difference between the pre-paid dental plan premium and the PPO dental plan premium through payroll deductions. In those cases where the employee pays a portion of the premiums for medical and/or dental insurance, they will be deducted from the employee's paycheck on a pre-tax basis. If the City does not meet IRS requirements, or if IRS regulations change for any reason, this benefit may be discontinued. BENEFIT PLANS. Each employee must select a medical insurance coverage, unless married to another City employee and is covered under the spouse's policy. The Mayor and Councilmembers have the option to waive medical insurance coverage. The options in this plan are as. follows: 1. Health Insurance (mandatory coverage) a. Kaiser Permanente Health Plan b. Aetna Open Access Managed Choice (PPO) c. Aetna Value Network (HMO) d. Aetna Full HMO e. Spouse of City employee coverage 2. Dental Insurance (optional coverage) a. Delta Care USA (HMO) b. Delta Dental PPO J:\EdithaQIEdilha\AGENDA STATEMENT\Plan Documenl\2009 Plan Documentdoc 4-8 Page 6 of 9 3. Vision Insurance (optional coverage) a. UnitedHealthcare Vision Plan (formerly Spectera Vision) 4. For Miscellaneous Employees, any remaining Flexible Allotment money may be used for: 1. Dependent health insurance 2. Employee and/or dependent group dental insurance 3. Employee and/or dependent group vision insurance 4. Cash Payment (taxable) 5. Dental/MedicalNision reimbursement 6. Dependent/Child Care (daycare) reimbursement Each of these benefits is described in more detail in the Employee Benefits employee booklet and in the respective Plan Documents or insurance contracts, which are incorporated here by reference. BASIC LIFE INSURANCE AND ACCIDENTAL DEATH AND DISMEMBERMENT (AD&D) The City provides $50,000 group term life insurance and AD&D at no cost to employees. In addition to basic life insurance, an employee may elect to purchase additional life insurance at group rates. Premiums are deducted from the employee's paycheck. FLEXIBLE SPENDING ACCOUNTS A Flexible Spending Account (FSA) is a way to pay eligible health and dependent care expenses of employees and their eligible dependents, with tax-free dollars. An eligible employee may set aside money on a pre-tax basis from the "Flexible Allotment and/or from his/her paycheck to fund FSA accounts as follows: . . Miscellaneous Employees: . Cafeteria DentallMedicalNision (D/MN) Spending Account; . Cafeteria Dependent/Child Care Spending Account; . MyFund Dental/MedicalNision (D/MN) Spending Account; and/or . MyFund Dependent/Child Care Spending Accounts Safety Employees: . MyFund DentallMedicalNision (D/MN) Spending Account; and/or . MyFund Dependent/Child Care Spending Accounts When the participant incurs an eligible expense, the participant may submit a claim form to Human Resources for reimbursement. In accordance with IRS Notice 2005-42, deadline for reimbursement of health and dependent care expenses is extended up to 2% months after the end of the Plan Year. Expenses for qualified benefits incurred during the 2% _ J:\EdithaQIEdithaIAGENOA STATEMENT\Plan Document12009 Plan Documentdoc Page 7 of 9 4-9 month grace"period may be reimbursed from the benefits or contributions remaining unused at the end of the Plan Year. The effect of the grace period is that the participant may have as long as 14 months and 15 days to use the"contributions before the unused. amounts are forfeited.. An eligible employee may elect up to $5,000 for a Payroll Deduction (MyFund) Dental/MedicalNision (D/MN) Spending Account. Single or married (filing a joint return), eligible employees may also set aside up to $5,000, from all sources, per plan year for a Payroll Deduction (MyFund) Dependent /Child Care Reimbursement Account. A married employee filing returns separately may set aside up to $2,500 per plan year. HIPAA PRIVACY POLICY FOR HEALTH FSA ACCOUNTS The City's HIPAA Privacy Policy is in compliance with the regulations of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), restricting the City's use and disclosure of protected health information (PHI) obtained from the City'sself"administered Cafeteria Dental/MedicalNision (DMV) Care and MyFund Health Flexible Spending Accounts. CONSTRUCTION If this Plan contains contradictory provisions or if there appears to be a conflict between its provisions, the following rules apply: a. The interpretation that favors the Plan as a tax-free plan over any interpretation that might render the Plan taxable. b. Subject to paragraph (a), the rules established by the Supreme Court of California for the construction of like instruments will apply. . PLAN PARTICIPATION RIGHTS As a participant in the plan, you are entitled to examine, without charge, at the Plan Administrator's office all plan documents including insurance contracts; obtain copies of all Plan Documents (at a reasonable cost) and other Plan information upon request to the Administrator. PLAN IS NOT AN EMPLOYMENT CONTRACT This plan document is not a contract of employment. Neither the creation of the Plan nor any amendment to it gives any legal or equitable right to any person against the employer. Participation in the Plan does not give any member any right to continued employment. J:\EdithaOlEdilha\AGENDA STATEMENnPlan Document\2009 Plan Documentdoc Page 8 of 9 4-10 PLAN ADMINISTRATOR The Plan Administrator is the Director of the Human Resources Department or his/her designees. The address of the Plan Administrator is: 276 Fourth Avenue Chula Vista, CA91910 Telephone: (619) 691-5096 PLAN AMENDMENT OR TERMINATION The City of Chula Vista. reserves the right to amend the Plan from time to time if deemed necessary orappropriate to meet the requirements of the Internal Revenue Code and any similar provision of subsequent revenue or other laws or pursuant to negotiations with the Employee groups; provided that no such modification or amendment shall make it possible for any benefit contributions or payment to be used for, or directed to purposes other than for the exclusive benefit of participating employees and their beneficiaries under the Plan. The City reserves the right to discontinue orterminate the Plan at the end of any Plan Year or in accordance with negotiations with the Employee Groups. Any such amendment, discontinuance or termination shall be effective on January 1 of any given year or such date that is agreed upon by the City and Employee Groups. No amendment, discontinuance or termination shall allow the return of funds to the City or the use of any funds for any purpose other than for the exclusive benefit or participating employees and their beneficiaries. J:\EdilhaQ\EdilhaIAGENDA STATEMENT\Plan Document\2009 Plan Documenl.doc Page 9 of 9 4-11 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE CITY OF CHULA VISTA CAFETERIA BENEFITS PLAl"J FOR 2009 WHEREAS, the Internal Revenue Code requires that employers offering cafeteria plans under Section 125 have a written plan document and that the employer' adopt the plan document annually; and WHEREAS, in June 1998, the City Councilofthe City ofChula Vista authorized updates to the City's flexible benefit plim in compliance with Internal Revenue Service guidelines; and WHEREAS, the document attached to this resolution as Exhibit A for formal adoption is the result of the meet and confer process and the 2009 Plan Document ("Plan") presented contains the health, dental, vision, life and flexible spending account options for Plan Year 2009; and WHEREAS, the Plan has been updated to reflect the 2009 beginning Flex Plan amounts, current health, dental and vision care plan options, and other changes to comply with current Internal Revenue Service regulations related to Section 125 Plans (i.e., definition of qualified change in family status and access to Plan while on FMLA). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chtila Vista that it adopts the City of Chula Vista Cafeteria Benefits Plan for 2009 as set forth in Exhibit A. Presented by Approved as to form by Marcia Raskin Director of Human Resources '-r:! f:~ r~ !1~A2-~- :4-." Bart C. Miesfeld (J City Attorney J:\Altomey\RESOLUTIONS\HRIBENEFITS\Cafelena Plan 2009 _12-16-01l.dac 4-12 ITEM TITLE: SUBMITTED BY: REVIEWED BY: CITY COUNCIL AGENDA STATEMENT ::S\(~ CITY OF . · - (HULA VISTA DECEMBER 16, 2008, Item 5 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULAVISTA GRANTING A PERIOD FOR TWO YEARS ADDITIONAL SERVICE CREDIT PURSUANT TO GOVERNMENT CODE SECTION 20903 FOR ALL LOCAL MISCELLANEOUS AND LOCAL PUBLIC SAFETY (POLICE) EMPLOYEES AND MEMBERS OF THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM (CALPERS) DIRECTOR OF HUMAN RESOURCES f'{f2-- INTERIM CITY MANAGER ~"/ DEPUTY CITY MANAGER ~ 4/5THS VOTE: YES D NO 0 SUMMARY Iri an effort to significantly reduce the fiscal year 2009 and 20 I 0 general fund budget by reducing the number of benefited employees throughout the organization, staff is proposing that Council grant another Two Years Additional Service Credit for eligible employees, and provide for a limited medical incentive program for those that retire during the prescribed window period. The proposal is to offer this benefit to all Local Miscellaneous and Local Public Safety (Police) employees in all departments of the City. ENVIRONMENTAL REVIEW Not applicable RECOMMENDATION Council adopt the Resolution. BOARDS/COMMISSION RECOlVlME1'mA nON . Not applicable DISCUSSION On October 16, 2007, the City Counc.il of the City ofChula Vista approved a Resolution of Intention to provide Two Years Additional California Public Employees Retirement System (CalPERS) Service Credit for Local Miscellaneous members and Local Safety members 5-1 DECEMBER 16, 2008, Item~ Page 2 of 4 (Police and Fire). An Emergency Ordinance was adopted on November 6, 2007. Sixty-two (62) employees took advantage of this early retirement incentive. On April 22, 2008, the Council approved a second Resolution of Intention to provide the same CalPERS benefit to all Local Miscellaneous employees and a limited, specific list of classifications in Police and Fire management. Eighteen (18) employees took advantage of the early retirement opportunity. Numerous efforts are being implemented to reduce expenditures in fiscal year 2009 and 2010. It is recommended that the City offer another Two Years Additional Service Credit pursuant to Government Code section 20903 for Local Miscellaneous members and Local Public Safety (police) members, who retire during the designated period of December 31, 2008 and June 26, 2009. The City is also proposing a limited, two-tiered medical incentive program. If an employee retires by Friday, March 27,2009, the City will pick up the cost of the health care premium for Employee Only through December 31,2010. If employees retire anytime after March 27, 2009 and no later than June 26, 2009, the City will pick up the cost of the health care premium for Employee Only through December 31, 2009. The City is offering a medical incentive to encourage as many employees as possible to consider retiring this fiscal year in an effort to help minimize or prevent pending layoffs and to reduce personnel costs. Government Code section 20903 provides Two Years Additional CalPERS Service Credit to members who retire during a designated period. The City must certify that if any early retirements are granted after receipt of service credits pursuant to Section 20903, it is the City's intention that any vacancies created or at least one vacancy in any position in any department or other organizational unit remain permanently unfilled, thereby resulting in an overall reduction in. the workforce of the department or organizational unit. Window Period An eligible employee may apply for the benefit during the designated window period, which cannot be less than ninety days, nor more than 180 days. Staff is proposing a (178) one hundred seventy eight day window period from December 31,2008 - June 26, 2009. Eligibility I To be eligible, the following criteria must be met: . member must have at least five years of CalPERS service credit; . member must be employed for at least one day during the designated period; . member must retire during the designated period; . member cannot receive credit under this section if member is receiving any unemployment insurance payments; . if a retired member subsequently reenters membership, additional service credit is forfeited. 5-2 DECEMBER 16,2008, Item5 Page 3 of 4 Medical Incentive In addition to the Two Years Additional Service Credit, staff is proposing a medical incentive program, under the City's Retiree Health Plan. Under this program, the City will pay the cost of the medical insurance premium for Employee Only coverage as follows: Retiring between 01/01/09 - 03/27/09 Retiring between 03/28/09 - 06/26/09 Medical Incentive through 12/31/10 Medical Incentive through 12/31/09 Upon retirement, employees are required to enroll in Medicare Part A and Part B once they become eligible. Any medical insurance premiums for any eligible dependents will be the employee's responsibility. Non-benefited, unclassified hourly employees are not eligible for the medical incentive program. 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 I 8704.2(a)(1) is not applicable to this decision. FISCAL IiVIP ACT Government Code Section 7507 requires that the estimated present value of the additional employer contributions for the proposed contract amendments be made public at a public meeting at least two weeks prior to the adoption of the Resolution. The estimated amount is based on the members' annual reportable compensation, cost factors established by CalPERS actuaries and the fact that the City contracts for a Post-Retirement Survivor allowance. If all 250 eligible employees opt to take the Two Year Additional Service Credit and retire during the designated period, the estimated cost will be: Local Miscellaneous and Local Safety Police Plan Additional Employer Contribution: Annual Cost Rate Increase in Employer Contribution: $12,459,370 (over twenty years) $622,969 0.75% Additionally, if all 250 eligible employees retire under this program, the annual base salary savings would be approximately $18.75 million annually. However, during the two previous Two Year Service Credit opportunities, a total of 30 percent of the eligible employees retired. " After recently surveying the eligible employees, we are estimating that approximately 20 percent of the eligible employees may retire. The annual net savings to the City's General Fund is estimated at $3.75 million. A final list of employees who applied for retirement pursuant to the offer will be presented to CalPERS after the expiration of the application window. CalPERS will 5-3 DECEMBER 16, 2008, 1tem~ Page 4 of 4 include the cost of the Two Years Additional Service Credit in the City's employer contribution rate commencing with the fiscal year starting two years after the end of the designated period. The increase in employer contribution will be amortized over twenty years. . The estimated cost of the medical incentive program is $365,750 over nineteen months, if 20 percent of all eligible retirees took the coverage for the full nineteen months. However, the City is saving approximately $791,667 in cafeteria plan flexible benefits for this same group, which will result in a net savings of$425,917. We will be able to accurately identify the final costs once all eligible employees separate from the City and retire. In addition to the budgetary impacts, there will be an impact to the City's unfunded liability for other post-employment benefits (OPEB). The Finance Department will determine the OPEB unfunded liability in order to comply with the Governmental Accounting Standards Board Pronouncement 45. CONTRACT AMENDMENT PROCESS A contract amendment between the City of Chula Vista and CalPERS to grant a designated period is not required. ATTACHMENTS For signature: I. Resolution to Grant Another Designated Period for Two Years Additional Service Credit 2. Certification of Governing Body's Action (PERS-CON-12) 3. Certification of Compliance with Government Code Section 7507 (PERS CON- l2A) 4. Certification of Compliance with Government Code Section 20903 Signature not required: Estimated Present Value of Additional Employer Contribution.' Prepared by: N!arcia Raskin, Director of Human Re~ources ~ 5-4 City of Chula Vista List of Benefited Employees =>age 49 stimate ost Emp 10 # AGE AGE Bracke"t (Annual Rate X 2764 50 50-54 0.63 $35,859.62 2420 50 50-54 0.63 $45,549.04 0390 50 50-54 0.63 $34,640.97 0395 50 50-54 0.63 $44,063.78 0507 50 50-54 0.63 $28,084.08 0324 50 50-54 0.63 $39,607.82 3594 50 50-54 0.63 $31,733.84 2178 50 50-54 0.63 $35,967.54 0261 50 50-54 0.63 $34,640.97 2321 50 50-54 0.63 $28,084.08 0984 50 50-54 0.63 $41,408.24 0273 50 50-54 0.63 $36.461.72 1873 50 50-54 . 0.63 $39,607.82 0787' 50 50-54 0.63 $47,037.57 0351 50 50-54 0.63 $37,425.04 0565 50 50-54 0.63 $43,999.57 0478 50 50-54 0.63 539,607.82 1833 50 50-54 0.63 $37,589.15 0224 50 50-54 0.63 529,488.27 0483 50 50-54 0.63 $29,017.83 3354 50 50-54 0.63 524,993.35 2683 50 50-54 0.63 $37,940.50 2160 50 50-54 0.63 $100,255.09 0988 50 50-54 0.63 $108,275,45 1164 50 50-54 0.63 $60,269.32 0997 50 50-54 0.63 $66,579,45 3127 50 50-54 0.63 $65,128.95 0250 50 50-54 0.87 573,046,42 0193 50 50-54 0.87 $84,025.24 3645 50 50-54 0.87 $66,335.76 0653 50 50-54 0.87 $66,335.76 0764 50 50-54 0.87 $66,335.76 0662 50 50-54 0.87 573,046,42 0288 50 50-54 0.87 $84,025.2<1 0360 50 50-54 0.63 554,274.12 3098 50 50-54 0.63 552,514.58 0580 50 50-54 0.63 550,215.27 1945 50 50-54 0.63 $74,47<1.24 2900 50 50-54 0.63 599,051.75 0529 50 50-54 0.63 $69,617.81 0367 51 50-54 0.63 $47,995.61 0290 51 50-54 0.63 537,824,43 1772 51 50-54 0.63 528,084.08 2628 51 50-54 0.63 $50,048.74 0837 51 50-54 0.63 $34,6<10.97 2467 51 50-54 0.63 $39,564.26 0434 51 50-54 0.63 $36,70752 0443 .51 50-54 0.63 544,063.78 2729 51 50-54 0.63 $11,901.59 2933 51 50-54 0.63 $27,492.77 2176 51 50-54 0.63 $41.735.30 0503 51 50-54 0.63 $31,754.09 Page 1 5-5 City of Chula Vista List of Benefited Employees =>age 49 stlmate ost Emp 10 # AGE AGE Bracket (Annual Rate X 2175 51 50-54 0.63 545,549.04 3390 51 50-54 0.63 $100,255.09 0521 51 50-54 0.63 $60,269.32 0482 51 50-54 0.63 $52,908.72 0631 51 50-54 0.87 573,046,42 1017 51 50-54 0.63 527,137.06 3122 51 50-54 0.63 530,809.85 3007 51 50-54 0.63 557,345.89 0175 51 50-54 0.87 5129,626.19 0472 51 50-54 0.63 $69,617.77 0263 51 50-54 0.63 565,705.26 0778 52 50-54 0.63 539,472.91 0566 52 50-54 0.63 $37,589.15 0624 52 50-54 0.63 $44,063.78 0600 52 50-54 0.63 $29,360.68 3097 52 50-54 0.63 $30,850.15 1928 52 50-54 0.63 $31.754.09 0085 52 50-54 0.63 $39.445.64 0364 52 50-54 0.63 538,316.35 0167 52 50-54 0.63 $42,940.54 13.02 52 5.0-54 0.63 534,640.97 0091 52 50-54 0.63 $25,530.54 .0721 52 50-54 0.63 526,243.02 1659 52 50-54 0.63 $34,640.97 2320 52 5.0-54 0.63 528,867.41 3369 52 5.0-54 0,63 527,492.77 .0375 52 50-54 0.63 532,543.56 1098 52 5.0-54 0.63 547,037.57 0450 52 5.0-54 0.63 541,408.24 0074 52 5.0-54 0.63 544.063.78 1525 52 5.0-54 0.63 $28.867.41 1226 52 5.0-54 0.63 $95,792.60 0333 52 5.0-54 0.63 $50,524.68 1289 52 50-54 0.63 $65.128.95 .03.09 52 50-54 0.63 $53,449.94 2434 52 50-54 0.63 $63,178.14 .0196 52 5.0-54 0.87 $1.00,837.97 0278 52 5.0-54 0.87 $84,025.24 0154 52 50-54 0.87 5100,837.97 2425 52 50-54 0.63 $50,215.19 1165 52 50-54 0.63 $49,809.36 0429 52 50-54 .0.63 $49,809.36 2821 52 50-54 0.63 $50,215.19 0682 52 50-54 0.63 $60.153.03 0864 52 50-54 0.63 168,560.38 1197 52 50-54 0.63 $69.617.77 1274 52 50-54 0.63 $57,135.03 2563 52 . 50-54 0.63 $65,705.28 0335 53 '50-54 0.63 543,390.11 3277 53 50-54 0.63 $25,530,49 0510 53 50-54 0.63 538,104.88 1889 53 50-54 0.63 $45,549.04 Page 2 5-6 City of Chula Vista List of Benefited Employees =>age.49 stlmate osl Emp ID # AGE AGE Bracket (Annual Rate X 2388 53 50.54 0.63 $25,530.90 3653 53 50.54 0.63 $28,084.08 0661 53 50.54 0.63 $33,197.52 0421 53 50.54 0.63 141,408.24 . 0098 53 50.54 0.63 $33,197.52 1603 53 50.54 0.63 $37,824.43 0467 53 50.54 0.63 $43,631.51 2033 53 . 50.54 0.63 $35.859.62 0307 53 .50.54 0.63 $38,316.35 0889 53 50.54 0.63 $31,259.84 1347 53 50.54 0.63 $31,276.10 2905 53 50.54 0.63 $35,859.62 0627 53 50.54 0.63 $80,329.69 0166 53 50.54 0.63 $54,381.26 0169 53 50.54 0.87 $73,046.42 1866 53 50.54 0.63 $49,809.36 2910 53 50.54 0.63 . 154,136.96 1547 53 50.54 063 $42,811,41 1860 53 50.54 0.63 $55,388.22 3763 53 50.54 0.63 $75,760.78 3433 53 50.54 0.63 $90,247.59 1216 54 50.54 0.63 $12,765.27 0435 54 50.54 0.63 $39,445.64 0958 54 50.54 0.63 $34,640.97 1407 54 50.54 0.63 $28,867.41 1412 54 50.54 0.63 $28,867.41 0498 54 50.54 0.63 $38,104.88 0632 54 50.54 0.63 $35,859.62 3041 54 50.54 0.63 $32,674.16 0323 54 50.54 0.63 528,867.41 0129 54 50.54 0.63 $39,607.82 1074 54 50.54 0.63 $54,790.35 0628 54 50.54 0.87 $66,335.76 0328 54 50.54 0.63 554,381.26 3178 54 50.54 0.63 554.274.13 3559 54 50.54 0.63 $47,824.01 0904 54 50.54 0:63 $65,705.28 3374 55 55.59 063 $30,899,45 . 2421 55 55.59 063 $35.859.62 0468 55 55.59 0.63 $26,24302 0602 55 55.59 0.63 528,867.41 2289 55 55.59 0.63 $28,867.41 0188 55 55.59 0.63 525,530.90 . 2190 55 55.59 0.63 $35,778.36 0366 55 55.59 0.63 S5i,801.80 0436 55 55.59 0.63 $29,488.27 0103 55 55.59 0.63 $43,999.57 1723 55 55.59 0.63 528.084.08 2422 55 55.59 0.63 528,084.08 0481 55 55.59 0.63 $37,940.50 1999 55 55.59 0.63 $23,417.30 1127 55 55.59 0.63 $52,908.72 Page 3 5-7 City of Chula Vista List of Benefited Employees =>age 49 stlmate os! Emp ID # AGE AGE Bracket (Annual Rate X 3998 55 55-59 0.63 561,676.27 2616 55 55-59 0.63 $54,274.12 0149 55 55-59 0.82 595,042.68 0648 55 55-59 0.63 $54,790.35 1172 .55 55-59 0.63 554,274.12 0523 55 55-59 0.63 $57,135.03 1805 55 55-59 0.63 557,135.06 2148 56 55-59 0.72 $32,991.32 . 1086 56 55-59 0.72 $39,589.68 2155 56 55-59 0.72 $29,178.17 0859 56 55-59 0.72 $39,589.68 1831 56 55-59 0.72 536,910.50 0270 56 55-59 0.72 $47,921.21 3295 56 55-59 0.72 $40,913.36 3081 56 55-59 0.72 541,295.62 0442 56 55-59 0.72 5109,476.99 0146 56 55-59 0.72 $61,085.65 1481 56 55-59 0.72 $61,367.47 0310 56 55-59 0.72 $61,085.65 0425 56 55-59 0.72 5100,910.43 0849 56 55-59 0.72 $65,297.21 0410 56 55-59 0.72 $75,091.73 2993 57 55-59 0.72 $27,809.15 0219 57 55-59 0.72 $35,725.54 0519 57 55-59 0.72 $29,992.02 0097 57 55-59 0.72 $37,940.02 0378 57 55-59 0.72 $50,285.22 0570 57 55-59 0.72 $40,917.01 0470 57 55-59 0.72 $42,959.02 0170 57 55-59 0.72 $47,921.21 0256 57 55-59 0.72 $52,056.03 2928 57 55-59 0.72 $40,917.01 1678 57 55-59 0.72 $17,862.77 0957 57 55-59 0.72 $62,027.57 2361 57 55-59 0.82 $68,178.95 0134 57 55-59 0.72 $75,091.73 2395 58 55-59 0.72 $47,697.49 2234 58 55-59 0.72 $32,991.32 0212 58 55-59 0.72 $38,080.43 0218 58 55-59 0.72 553,757.22 3143 58 55-59 0.72 $33,163.24 0438 58 55-59 0.72 $32,439.52 1491 58 55-59 0.72 $41,295.62 2449 58 55-59 0.72 $91,805.67 2661 58 55-59 0.72 576,566.25 0439 . 58 55-59 0.72 561,085.65 0526 58 55-59 0.82 $156,588.84 1584 58 55-59 0.72 $84,856.39 0355 58 55-59 0.72 565,297.18 0445 58 55-59 0.72 565,297.18 1451 59 55-59 0.72 $28,169.01 0350 59 55-59 0.72 $37,721.66 Page 4 5-8 City of Chula Vista List of Benefited Employees =>age 49 stimate ost Emp ID # AGE AGE Bracket (Annual Rate X 0776 59 55-59 on $29,391.49 2139 59 55-59 0.72 532.439.52 0362 59 55-59 0.72 537,940.02 2297 59 55-59 0.72 563,300.82 2199 60 60-64 0.72 552,056.05 1943 60 60-64 on 517,862.77 2142 60 60-64 on S61,085.65 3859 60 60-64 0.72 576,566.25 3759 60 60-64 0.72 584,960.53 0090 60 60-64 0.75 586,929.28 3010 61 60-64 0.73 551,389.58 1149 61 60-64 0.73 550,983.63 3664 61 60-64 0.73 532,541.87 0712 61 60-64 0.73 530.408.57 2865 61 60-64 0.73 513,790.74 0791 61 60-64 0.73 530,408.57 1896 61 60-64 0.73 552,779.03 2212 61 60-64 0.73 563.487.23 2932 62 60-64 0.73 $35,700.31 0268 62 60-64 0.73 533,623.84 2433 62 60-64 0.73 561,471.69 0767 62 60-64 0.73 545,70685 1285 62 60-64 0.73 552,779.05 0052 62 60-64 0.73 548,211.13 2946 62 60-64 0.73 $49,606.87 3744 62 60-64 0.73 5138,124.41 1229 62 60-64 0.73 553,31063 0461 63 60-64 0.73 534,456.22 0422 63 60-64 0.73 539,843.87 1869 63 60-64 0.73 547,980.98 0506 63 60-64 0.73 555,178.11 1493 63 60-64 0.73 551,585.76 0349 63 60-64 0.73 $66,20.<1.09 0462 64 60-64 0.73 533.449.53 0168 64 60-64 0.73 548,211.13 3624 64 60-64 0.73 $96,282.69 1218 64 60-64 0.73 $76,134,67 1982 65 65+ 0.73 . $33.44953 0822 66 65+ 0.65 513,53806 1283 66 65+ 0.65 $29,346.20 1482. 68 65+ 0.65 580,436.64 0555 69 65+ 0.65 $13,538.06 2078 70 65+ 0.65 529,783.63 0200 73 65+ 0.65 554,027.93 Add" Employer Contributions $12,459,370.24 Divide Add" Employer Contributions by 13.24 (20yr amortization factor) $941,040.05 Page 5 5-9 Emp ID # City of Chula Vista List of Benefited Employees =>age 49 AGE .AGE Bracket Divide 20yr amortization amount by annual.payroll plan $124,840,796 Page 6 5-10 stlmate Cost (Annual Rate X 0.75% RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING A PERIOD FOR TWO YEARS ADDITIONAL SERVICE CREDIT PURSUANT TO GOVERL'WENT CODE SECTION 20903 FOR ALL LOCAL MISCELLANEOUS AND LOCAL PUBLIC SAFETY (POLICE) EMPLOYEES Ai'<D MEMBERS OF THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM (CaIPERS) WHEREAS, the City Council of the City of Chula Vista is a contracting Public Agency of the Public Employees' Retirement System ("PERS"); and WHEREAS, said Public Agency desires to provide another designated period for Two Years Additional Service Credit, pursuant to California Government Code section 20903, based on the contract amendment included in the contract which provided for section 20903, in Two Years Additional Service Credit, for eligible members. NOW, THEREFORE, BE IT RESOLVED the City Council ofthe City ofChula Vista does hereby grant a period for Two Years Additional Service Credit pursuant to Government Code section 20903 from December 31,2008, through June 26, 2009, for all local misceilaneous and local public safety (Police) employees, members of the California Public Employees Retirement System (CaIPERS). Presented by Approved as to form by Marcia Raskin Director of Human Resources ./".... "". . ,r , . '. ~ ~ /! (' . . ~ .~kc:J[.. X-l I ~ W r ~art C. MieMeld ~ fy i ~ .~ \j.ity Atto\,{ey ....J' . J:\AllorneyIRESOLUTlONS\HR\BENEFlTS\CalPERS\Two-year service credit_\2-16-08.d6 -11 CITY COUNCIL AGENDA STATEMENT ~\'f::. CITY OF . · - - (HULA VISTA Item No.: 10 Meeting Date: 12/16/08 SUBMITTED BY: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPOINTING THE CITY'S MANAGEMENT TEALV! FOR THE PURPOSE OF MEETING AL'ID CONFERRlNG WITH THE CITY'S EMPLOYEE ORGA.NIZATIONS DIRECTOR OF HUMAL'J RESOURCES /42--- INTERIM CITY MAL'JAGER =;;, ) DEPUTY CITY MAL'JAGER W ITEM TITLE: REVIEWED BY: 4/5THS VOTE: YES NO ./ BACKGROUND The Meyers-Milias-Brown Act (MMBA), as contained in the California Government Code sections 3500-3511, provides for the orderly administration of employer-employee relations. It states that a public agency may adopt reasonable rules and regulations for recognizing employee organizations and for meeting and conferring with those organization regarding wages, hours, and other terms and conditions of employment. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that there is no possibility that the activity may have a significant effect on the environment because it does not involve a physical change to the environment; therefore, pursuant to Section 15061(b)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. 6-1 Item No.: /.p Meeting Date: 12/16/08 Page 2 of2 DISCUSSION Pursuant to the MMBA, the City of Chula Vista, as a public agency, by and through the City Council, is authorized to designate a Management Team as its representative for the "Meet and Confer" process. Due to recent changes in personnel, including the appointment of James Sandoval as City Manager, effective December 18, 2008, it is necessary and appropriate to revise the list of designated members of the Management Team for the Meet and Confer process. Adoption of the proposed resolution accomplishes this. DECISION-MAKER CONFLICTS Staff has reviewed the decision contemplated by this action and has determined that it is not site specific. Consequently, the 500-foot rule found in California Code of Regulations section 18704.2(a)(I) is not applicable to this decision. FISCAL IMP ACT None. ATTACHMENTS Resolution. J:\Attomey\JILLM\AGENDA ST A TEMENTS\Agenda Statement - City's Management Team t2~ [6-08-JD5M Rev.doc . 6-2- RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CffiJLA VISTA APPOINTING THE CITY'S MANAGEMENT TEAM FOR THE PURPOSE OF MEETING AND CONFERRING WITH THE CITY'S EMPLOYEE ORGANIZATIONS WHEREAS, the "Meyers-Milias-Brown Act" (MMBA) as contained in California Government Code sections 3500-3511 provides for the orderly administration of employer- employee relations; and WHEREAS, the MMBA provides that a public agency may adopt reasonable rules and regulations for recognizing employee organizations and for meeting and conferring with those organizations regarding wages, hours, and other terms and conditions of employment; and WHEREAS, pursuant to the MMBA, the City of Chula Vista, as a public agency, by and through its City Council, is authorized todesignate a Management Team as its representative for the "Meet and Confer" process; and WHEREAS, as a result of recent changes in personnel, it is now deemed necessary and appropriate to revise the list of designated members of the Management Team for the Meet and Confer process. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Chula Vista, that pursuant to the MMBA and the City's Employer-Employee Relations Policy, effective December 18, 2008, the following persons are designated as members of the Management Team for purposes of meeting and conferring with the City's recognized employee organizations: Jim Sandoval, City Manager Scott Tulloch, Assistant City Manager Marcia Raskin, Director of Human Resources Bart Miesfeld, City Attorney Rod Betts, Outside Counsel Maria Kachadoorian, Director of Firiance Edward Van Eenoo, Deputy City ManagerlDirector of Budget and Analysis Leah Browder, Deputy City Manager /Director of Library Submitted by Approved as to form by m~ Marcia Raskin Director of Human Resources /' Bart . . ~tlCity 'Attorney J:\Auomey\RESOLIJTIONS\HRI.Cic,/s .I,bnagement Team_12-16-08-JDSM Rev,do<: 6-3 CITY COUNCIL AGENDA STATEMENT :::::,~~ CITY OF - - CHULA VISTA 12/16/08, Item =+- SUBMITTED BY: ORDINANCE OF THE CITY OF CHULA VISTA ESTABLISHING THE DEVELOPMENT PROCESSING AND IMPACT FEE PAYMENTPLANPROGRAM;~~ DIRECTOR OF ENGINEERING' , . DIRECTOR OF PLANNING . UILDINctl~ DIRECTOR OF FINANCE~ ' INTERIM CITY MANAGER "'7 f 4/STHS VOTE: YES 0 NO [g] ITEM TITLE: REVIEWED BY: SUMMARY The City of Chula Vista requires the payment of various processing, development impact, capacity, and in-lieu fees to ensure new development mitigates its impact on public facilities, The payment of these fees is a substantial commitment for many projects, and spreading the payment of the fees over an extended period may assist in tbe development of projects, Members of the development community have contacted the City and requested an extended payment schedule program be considered. The proposed Ordinance represents the City's response to this request. ENVIRONMENTAL REVIEW The City's 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 l5060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. RECOMMENDATION Council approve the Ordinance establishing a Development Processing and Impact Fee Payment Plan Program (first reading), to take effect and be in full force 30 days after the second reading and adoption. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION The City collects processing, development impact, capacity, and in-lieu fees from developers as a condition of project approval. These funds are used to offset the City's cost of providing 7-1 12/16/08, Item~ Page 2 of 3 development review services and to finance the construction of public improvements necessary to mitigate the subject project's impact on the City's public facilities. The payment of processing and development fees is a substantial commitment for most development projects. As a result of the current downturn in development and the continued tightening of the credit market, the burden created by the payment of fees at building permit issuance has increased. Local developers and the Building Industry Association (BIA) have approached the City requesting consideration of an extended payment plan program. In response to this request, staff has surveyed other California jurisdictions and found that several fee deferral programs are being offered. These programs include deferral of fees to various project milestones, including certificate of occupancy and close of escrow. In order to help stimulate economic development and to be responsive to the needs of our customers, staff recommends the creation of an extended payment plan program for certain processing and development impact fees. The Ordinance provides a framework for individual projects to enter into payment plan agreements with the City. The program is intended as a temporary response to the current housing market slump, and as such, will expire on December 30,2010. General Program guidelines included in the Ordinance are described below. DEVELOPMENT PROCESSING AND IMPACT FEE PAYMENT PLAN PROGRAM The Development Processing and Impact Fee Payment Plan program allows the extended payment of certain processing and development impact fees. Participation in the Program requires the developer enter into an agreement with the City identifying the fees to be paid, total fee amount due, and establishing a payment schedule for the fees (including initial deposit and amount due per month and/or milestone). The fees due are as determined by the fee schedule in effect at the time the agreement is executed. If the applicant fails to comply with all provisions and requirements of the Ordinance or individual payment plan agreement, the City will adjust the development processing and impact fees due to reflect the then current fee rates. The maximum payment schedule is 12 months, with an optional 12 month extension at the discretion of the City Manager or his designee. Any additional extension of the payment schedule requires Council approval. In no event will the fee payment schedule extend beyond either: 1) the City's approval and signature on the final inspection card for residential development; or 2) the issuance of the certificate of occupancy for a non-residential development. All developers with projects currently submitted to the City for review and permlttmg are eligible for the extended payment program, including residential, commercial, and industrial projects. Those developers with current outstanding debts with the City are not eligible for the program until their City accounts are brought current, to the satisfaction ofthe Finance Director. 7-2 12/16/08, Item~ Page 3 of 3 Applicants will not be required to submit an administrative fee to cover the cost of administering the payment plan agreements. In addition, no interest will be charged on the fees included in the individual payment plans. The order in which payment plan funds are applied to the various fee programs shall be at the sole discretion of the Finance Director. The payment schedule agreement required by the Program is non-transferrable and must be recorded as a lien on the subject property, with the applicant responsible for all recording costs. Upon receipt of payment in full, the City will file a release of lien. 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)(1) is not applicable to this decision. FISCAL IMPACT Approval of the Ordinance creates a framework for a payment program only, and therefore has no General fund impact. For future payment plan agreements as authorized by the Ordinance, applicants will reimburse the City for all costs incurred in the preparation, execution, and recordation of the individual project agreements, resulting in no net General fund impact. Staff costs incurred in administering individual payment plan agreements will not be recovered via a stand-alone administrative fee. lt is anticipated that these costs will not exceed staff time generally spent administering fee programs. Approval of individual project payment plan agreements will result in extended payment of processing and development fees. Delayed receipt of fees will result in decreased interest earnings and may impact project constmction phasing. ATTACHMENTS None. Prepared by: lracsema Quilantan, Assistant Director of Engineering. Engineering Department M.IEngineer'IAGENDA ICAS2008',{ 2-16-08',Fee Deferral Program Staff Report Rev.doc 7-3 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA EST ABLISHING THE DEVELOPMENT AND PROCESSING IMP ACT FEE PAYMENT PLAN PROGRAM WHEREAS, the City of Chula Vista (City) requires the payment of various types of development impact fees to help address the impacts of new development; and WHEREAS, on August 7, 1990, pursuant to Ordinance No. 2384, the City Council established the Telegraph Canyon Drainage Fee; and WHEREAS, Ordinance No. 2384 requires that the Telegraph Canyon Drainage Fee be paid before the approval by the City of the development project, or if not paid at the time of approval of the final map or parcel map, the fee must be paid before the issuance of the first building permlt for the development; and WHEREAS, on December 9, 1997, pursuant to Ordinance No. 2716, the City Council establish the Poggi Canyon Sewer Basin Development Impact Fee; and WHEREAS, Ordinance No. 2716 requires that the Poggi Canyon Sewer Basin Development Impact Fee be paid in cash upon the issuance of a building permit; and WHEREAS, on January 5, 1999, pursuant to Ordinance No. 2767, the City Council established the Otay Ranch Village I and 5 Pedestrian Bridge Development Impact Fee; and WHEREAS, Ordinance No. 2767 requires that the Otay Ranch Village I and 5 Pedestrian Bridge Development Impact Fee be paid prior to the issuance of building permits for residential development projects; and WHEREAS, on February 18, 2003, pursuant to Ordinance No. 2898, the City Council established the Pedestrian Bridge Development Impact Fee Program for Otay Ranch Village II; and WHEREAS, Ordinance No. 2898 requires that the Pedestrian Bridge Development Impact Fee for Otay Ranch Village II be paid in cash upon the issuance of a residential building pel111it; and WHEREAS, Chapter 332 of the Chula Vista Municipal Code establishes the Residential Construction Tax; and WHEREAS, the Residential Construction Tax requires that the tax be paid upon the application for a building permit; and 7-4 Ordinance No. Page :2 WHEREAS, Chapter 3.50 of the Chula Vista Municipal Code establishes the Development Impact Fees to Pay for Various Public Facilities (PFDIF); and WHEREAS, the PFDIF requires that the fee be paid upon the issuance of a building pennit; and WHEREAS, Chapter 3.54 of the Chula Vista Municipal Code establishes the Transportation Development Impact Fee for the Eastern Territories of the City (TDIF) and Chapter 3.55 of the Municipal Code establishes the Western Transportation Development Impact Fee (WTDIF); and WHEREAS, both the TDIF and the WTDIF require that the fee be paid upon the issuance of a building pennit; and WHEREAS, Section 13.14.090 of the Chula Vista Municipal Code establishes the Sewage Capacity Charge; and WHEREAS, the City recognizes that the payment of fees represents a substantial financial commitment for many projects; and WHEREAS, the City recognizes that establishing a payment plan for certain fees may assist in the development of projects; and WHEREAS, this Ordinance establishes a payment plan for certain development processing and impact fees for a specified period of time. NOW THEREFORE, the City Council of the City ofChula Vista does ordain as follows: Section 1. Environmental Review The City's 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. Section 2. Purpose The City Council of the City of Chula Vista desires to encourage the constmction of residential and nonresidential development projects within the City. The City Council finds that the early payment of certain impact fees for new development creates such a barrier to such development and desires, by the adoption of this Chapter, to ease such barrier by establishing a payment plan for certain development impact fees. 2 7-5 Ordinance No. Page 3 Section 3. Definitions "Applicant" means the owner of the real property or the developer with an approved development project who seeks a development impact fee payment plan pursuant to this Ordinance. "Approved Residential Development Project" means a market rate residential development consisting of single-family or multifamily residential units sold or rented at prevailing market rates and free of any afford ability restrictions which has received final discretionary action by the City and which is in compliance with all environmental requirements due prior to issuance of a building penllit. "Approved Development Project " means a nonresidential development which has received final discretionary action by the City and which is in compliance with all environmental requirements due prior to issuance of a building permit. Section 4. Development Impact Fees Subject to the Payment Plan Program Notwithstanding the provisions of Chapters 3.32, 3.54 and 3.55 of the Chula Vista Municipal Code and the Ordinances listed below, the provisions of this Ordinance shall apply only to the following development impact fees: (a) the Sewer Capacity Fee codified lD Section 13.14.090 of the Chula Vista Municipal Code; (b) the Residential Construction Tax codified in Chapter 3.32 of the Chula Vista Municipal Code; (c) the Development Impact Fees to Pay for Various Public Facilities codified in Chapter 3.50 of the Chula Vista Municipal Code; (d) the Eastem Area Transportation Development Impact Fee codified in Chapter 3.54 of the Chula Vista Municipal Code; (e) the Westem Transportation Development Impact Fee codified in Chapter 3.55 of the Chula Vista Municipal Code; (I) the Telegraph Canyon Drainage Fee established on August 7, 1990 pursuant to Ordinance No. 2384; (g) the Poggi Canyon Sewer Basin Development Impact Fee established on December 9, 1997, pursuant to Ordinance No. 2716; (h) the Otay Ranch Village 1 and 5 Pedestrian Bridge Development Impact Fee established on January 5, 1999, pursuant to Ordinance No. 2767; and 3 7-6 Ordinance No. Page 4 (i) and the Pedestrian Bridge Development Impact Fee Program for Otay Ranch Village 11 established on Febmary 18,2003, pursuant to Ordinance No. 2898. Section 5. Establishment of the Development Impact Fee Payment Plan Program (a) The Development Impact Fee Payment Plan Program is established for those development impact fees listed in Section 4. (b) The Development Impact Fee Payment Plan Program shall apply only to Approved Residential Development Projects and Approved Development Projects as defined in this Ordinance. (c) An Applicant may file an application with the City to request a payment plan for any or all of those development impact fees listed in Section 4. (d) The Applicant shall deposit with the City an amount to be determined by the City Manager for an Approved Residential Development Project or an Approved Development Project at the time the building permits are issued. No building permit shall be issued for an Approved Residential Development Project or an Approved Development Project subject to this Ordinance unless the Applicant has paid this deposit. (e) The Applicant, and the owner of the property, if different, shall be required to enter into an agreement with the City, in a form approved by the City Attorney, agreeing to the payment plan. (I) The maximum period for any payment plan pursuant to this Chapter is twelve (12) months from the date of issuance of building permits. This period may be extended once for twelve (12) months at the discretion of the City Manager. Any additional extensions shall be at the discretion of the City Council. (g) All fees subject to the Development Impact Fee Payment Plan Program shall be paid in full the earlier of: (1) the City's approval and signature on the final inspection card by the Director of Planning and Building, or designee, for an Approved Residential Development Project; or (2) the issuance ofthe certificate of occupancy for an Approved Development Project; or (3) the end of the maximum period described in subsection (I) ofthis Section 5. Section 6. Agreement Shall Constitute a Lien The Applicant and the owner of the property, if different, shall execute a Development Impact Fee Payment Plan Program Agreement with the City. The Agreement shall be recorded by the City and shall constitute a lien against the property for the payment of the fees. The City Manager shall execute the Agreement on behalf of the City. Once the obligation is paid in full, the City shall record a Release of the Lien. 4 7-7 Ordinance No. Page 5 Section 7. Determination of the Amount of Development Impact Fees The amount of development impact fees owed by the Applicant shall be determined by the City pursuant to the provisions outlined in the Municipal Code or in the ordinances establishing the fees. These amounts shall be fixed as of the date of the execution of the Development Impact Fee Payment Plan Agreement by the City. The amounts of these fees shall not change as long as the Applicant is in full compliance with all provisions and requirements of this Ordinance and the Development Impact Fee Payment Plan Program Agreement. If, however, the Applicant fails to comply with all the provisions and requirements of this Ordinance or the Agreement, the City may adj ust the development impact fees to reflect the current rates for the fees. Section 8. Not Transferable The City's approval of a Development Impact Fee Payment Plan is not transferable to any other project. even if the Applicant is the same and the other project would qualify for the Development Impact Fee Payment Plan Program. Section 9. Recordation Costs The Applicant shall pay all costs of recordation of documents required pursuant to this Ordinance and the Development Impact Fee Payment Plan Program Agreement at the execution ofthe Development Impact Fee Payment Plan Program Agreement by the City. Section 10. Expiration of this Ordinance This Ordinance shall take effect thirty days after final passage and shall expIre on December 31, 20 I 0, and as of that date, is repealed. Presented by Approved as to form by ~.-!~IL ~~~ Bart C. Miesfeld C City Attorney Richard A. Hopkins Director of Engineering 5 7-8 IfbYn 2 Kf! V/~ed ~l~ -r- ~-- Memorandum CITY OF CHULA VISfA Department of Planning and Building DATE: December 16, 2008 TO: The Honorable Mayor and City Council Members SUBJECT: Scott Tulloch, Interim City Manager ~ Jill D. S. Maland, Deputy City Attom~~ Steve Power, Principal Planner 4 f Revisions to Agenda Item NO.~: Otay Rock Quarry VIA: FROM: The agenda statement, resolution, and agreements, regarding the referenced item have been revised to show that the agreement the Council is being asked to approve was broken into two separate agreements. The title of Resolution 8B. originally read: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN INDEMNIFICATION AND RELINQUISHMENT OF RIGHTS AGREEMENT BY AND BETWEEN THE CITY OF CHULA VISTA AND RIMROCK, CA LLC It has been revised to read: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN INDEMNIFICATION AGREEMENT BY AND BETWEEN THE CITY OF CHULA VISTA AND RIMROCK CA LLC AND JAMES P. BALDWIN; AND APPROVING A RELINQUISHMENT OF RIGHTS AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RIMROCK CA LLC, RR QUARRYLLC, JAMES P. BALDWIN AND OTAY VALLEY QUARRY LLC The documents in your binder have been amended to reflect the change, as follows: 1. The agenda statement and resolution have been revised to reflect the new title; 2. The original agreement was broken into two separate agreements, as reflected in the new title. The revised documents are attached to this memorandum. Please contact Steve Power at x5864 if you have any questions regarding this matter. CITY COUNCIL AGENDA STATEMENT ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AFFIRMING THE DETERMINATION BY THE COUNTY OF SAN DIEGO IN 1980 THAT THE OTAY QUARRY OPERATION LOCATED AT THE EASTERN TERMINUS OF MAIN STREET, CHULA VISTA, WAS A VESTED LEGALLY NON-CONFORMING USE SUBMITTED BY: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN INDEMNIFICATION AGREEMENT BY AND BETWEEN THE CITY OF CHULA VISTA AND RIMROCK CA LLC AND JAMES P. BALDWIN; AND APPROVING A RELINQUISHMENT OF RIGHTS AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RIMROCK CA LLC, RR QUARRY LLC, JAMES P. BALDWIN AND OTAY V ALLEY QUARRY LLC DIRECTOR OF PLANNING AND BUILDING~ CITY ATTORNE% INTERIM CITY MANAGER ~ REVIEWED BY: 4/5THS VOTE: YES NO X SUMMARY Rimrock CA LLC and Otay Valley Quarry LLC (referred to collectively as "Rimrock) own and operate the Otay Ranch Pit/Rock Mountain Mine located at the eastern terminus of Main Street. The mine has been in operation since the 1940s and produces aggregate. The mine was originally located within the jurisdiction of the County of San Diego, and was annexed into the City of Chula Vista in 1997. In 1973 the County of San Diego approved a grading permit for mining operations on the site. In 1977, the County renewed the grading permit allowing mining operations to continue at the site indefinitely. At a public hearing in 1980, the County of San Diego formally determined that the site of the Otay Quarry was a vested legally non-conforming mining operation. This determination was made based upon the previously approved grading plan/permit(s) and accompanying legal description for the site. The applicant is requesting that the Chula Vista City Council affirm the previous determination by the County of San Diego that the site is a vested legally non-conforming mining operation. ~ --I \.; Date, Item No.: (~ Meeting Date: 12/16/08 Page 2 of 4 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 resolutions. BOARDS/COMMISSION RECOMMENDATION Not applicable ANALYSIS Rimrock is requesting that the City Council affirm the County of San Diego's (County) determination that it has a vested mining right to operate and expand its mining operations on the area shown on Exhibit B (Vested Future Mining Area). On August IS, 1980, at a public hearing, the County's Planning Commission approved a Reclamation Plan for the mining operations. In its decision, the Planning Commission formally confirmed that the mining operation was a legal nonconforming use (Attachment I). The County has documented the status of Rimrock's mining operation as a legal non-conforming use since October 19, 1973, with issuance of Grading Permit L6844. The Grading Permit did not specify the property subject to excavation but referred to the legal description in the grading plan (Grading Plan) to provide the legal description of the land under the Permit (Attachment 2/Grading Permit). The Grading Plan and Grading Permit were both designated by the County as L6844 and both were approved on September 17, 1973. In 1977, Grading Permit L6844 was transferred to the new owners of the mining operation. The re-issued grading permit, dated August 24, 1977, stated that it was issued for a "nonconforming special use" (Attachment 3/1977 Grading Permit). Once again, the 1977 Grading Permit referred to the Grading Plan to provide the legal description of the land under the 1977 Permit. In addition, the County required that new security be posted for the Grading Permit. The new instrument of credit that was provided for the 1977 grading permit covered the same legally described land on the Grading Plan (Attachment 4). The 1973 and 1977 Grading Permit included the property shown on Exhibit B as the Vested Future Mining Area, along with a much larger area. The California Surface Mining and Reclamation Act of 1976 (SMARA), provides that a vested right may be acquired for a mining operation if either a permit or other authorization was required for such activity and it was obtained prior to January I, 1976; or if mining was conducted without a permit, it was pursuant to an existing legal nonconforming use as of January I, 1976. (CA. Pub. Res. Section 2776.) Rimrock contends that they have a vested right to mine under SMARA by the 1973 Grading Permit issued by the County and because Rimrock o n J:\Planning\SteveXP\citycouncil agenda statement vested rights 12 08!1na1.doc 0"" oJ.~ c Date, Item No.: 6 Meeting Date: 12/16/08 Page 3 of 4 commenced mmmg operations in or around 1948; as evidenced by the County's 1980 determination that it has a vested mining operation. Rimrock is now requesting that the City Council affirm the County's determination that they have a vested right to conduct surface mining operations for only the area identified as the Vested Future Mining Area, even though it appears that the County's 1980 determination may have pertained to a much larger area. Rimrock has agreed that the City Council's affirmation would apply only to the Vested Future Mining Area and not to any other property. Rimrock has agreed to relinquish any and all vested rights, it may have to operate and expand its mining operations on any property other than that area shown as the Vested Future Mining Area. The City's affirmation would acknowledge the County's finding that the mining operation is a legally non-conforming use. No additional City conditional use permit would be required to conduct surface mining operations within the Vested Future Mining Area. However, the mining operation will be controlled by Covenants that have been recorded against its land (Attachment 5). The Covenants cannot be amended or removed without the approval ofthe City. In addition, the City has the right to enforce any violation of the Covenants. Although the City may affirm that Rimrock's mining operation is a legal nonconforming activity, Rimrock would still be subject to state and federal laws and regulations, as well as other applicable City Municipal Code provisions. This would include complying with the Endangered Species Act since a small portion of its land within the Vested Future Mining Area is currently designated as preserve land under the City's MSCP Subarea Plan. Rimrock is currently negotiating with the Wildlife Agencies to trade other biologically equivalent land for a small portion of property located within the Vested Future Mining Area. Rimrock will have to apply to the City for an MSCP boundary adjustment, as provided for in the City's MSCP Subarea Plan, to complete this process. If Rimrock were unsuccessful in receiving an MSCP boundary adjustment from the City then it would be precluded from conducting mining operations on any land that is designated as preserve. In addition, Rimrock will need to provide a revised Reclamation Plan for the City's approval. The City's ability to regulate the mining operations will be limited once the City has recognized the operations as a legal nonconforming use. The Covenants that have been recorded against Rimrock's land provide enforceable operating parameters for the mining activities. Rimrock has agreed to indemnify and defend the City should there be any legal challenges concerning this affirmation or its mining operations within the Vested Future Mining Area. DECISION-MAKER CONFLICTS Staff has reviewed the property holdings of the City Council members and has found no property holdings within 500 feet of the boundaries of the property, which is subject to this action. FISCAL IMPACT There will be no net fiscal impact to the General Fund from this action. All costs associated with processing this request have been paid by the applicant. .J:\Planning\StcveXP\citycouncil agenda statement vested rights 12 08final.doc g - 3 ("^' . Date, Item No.: 6 Meeting Date: 12/16/08 Page 4 of 4 ATTACHMENTS 1. August 15, 1980 County of San Diego Planning Commission Decision 2. 1973 County of San Diego Grading Permit 3. 1977 County of San Diego Grading Permit 4. Instrument of Credit for Grading, dated July 6, 1977 5. Covenants recorded by Rimrock EXHIBITS A. Limits of 1973 Grading Permit B. Vested Future Mining Area C. Legal Description of Vested Future Mining Area Prepared by: Steve Power, Alep Principal Planner, Planning & Building Dept. J:\Planning\Stl.:vcXP\citycouncil agenda statement vested rights 12 08finaLdoc g ..., ~ Attachment 1 - August 15, 1980 County of San Diego Planning Commission Decision f- ~ SAN [1 I EGO C 0 U ;, T Y PLAXNI1\(; c 0 ~ ~ I S SID ~ ---------- 9l5(J Chesapeake Drive San Diego, eft." :>2123 AuzUst 15, 1980' Decision of the Cornr.:ission ~l the Application of Nclson-Slo~' Application ;;U1"uer RP79-09 GRflNT, as per revised reclamation plan; pursuant to Section 37.701-714 et. seq. of the' County Code and attached "pplicatioll and in compliance with the State Surface I.jining and Rec1anation Act of 1975 for a vested nonconforming mining operation. _Th_e".p1..an.s.h.~1.L :reclaim. th.,..1.aJ1!!J<;>r :a;gr.i:-~Ar~.~~e_.:rn=Eoii~ :P1'i<sfs-TPnase"Torthe 5 Phases of the original applieation is not herein granted). . _ A. \';ithin 180 days of grantin;: of this Rec1a",ation Plan the applicant shall: 1. Submit a revised Reclamation Plan to the satisfaction of the Director of Department of Planning and Land Use shDl,.ing: a. Limits of evaluation. b. Indicate Phase Four as ":;0 Extraction" (ERB Biology). E. Within one year of the granting of this Reclamation Pl~, or.within 60 acidiLiona] days if the Director of Pla~ning and Land Use determines the applicant is dili- gently pursuing these conditions, the applicant shall: 1. Submit detailed and co~lete landscape plans to the Regulatory Planning Division for the approval of the Director of Planning and Land Use. The landscape plans shall specifically shO\~ the revegetation of newly created slopes with existing native plant materials by mulclung brushed material ,vith the native topsoil of the site (ERB Biology). 2. Execute a 20. foot easement for a riding and hiking trail. The trail will be located in Parcels 5, 6, 15, 16, 25, 26, 35, 36, and 45 of Dtay Ranch Nap No. 862. The easement will begin at the northwesterly corner of parcel 45 and continue along the existing utility road for the power lines easterly through parcels 36, 35, 26, 25, 16, 15, and northeasterly (across the Otay River) through parcels 6 and 5 to the easterly boundary of the Otay Rallch to the satisfaction of Director, Department of Trans- portation. 3. Execute a secured agreement to improve the. Riding and Hiking Trail Sys- tem to the following design standards to the satisfaction of Director, Department of Transportation,: . f'G RP79-09 ~ -~- a. The trail shall contain a mlIllmum eight (8) feet of tread Iddth wi th drainage structures as necessary.. b. The trail. surface shall consist of the native sDil, or where the 'soil is highly erosive Dr will nDt support the traffic, ~ treaJ surfacing material such as decDmposed granite I<hich will blend with the natural environment shall be provided. c. Trail gradients shall not exceed 15L lihere natural grades exceed 15% sufficient width fDr SId tcl,hacks shall be prDvided tD accommD- date a 15% gradient trail. d. Trails shall intersect TDads at approximately 900 angles. e. The trail system shall be continuous through the property and shall prDvide for .local access ~lithin the property. f. Points where the trail exits tile property shall be cDDrdinated liith existing Dr planned trail IDcatiDns on adjacent property. g. Signs at trail entrances tD prDvide identification, rules and regu- latiD:Js; anel r.arkers alon;:: the route to direct users. 4. Provide the Director Df Department of Planning and "Land Use a letter frDm the Director, Department of Transportation stating"all Rid~lg and Hiking Trail imprDvements have been completed to Department Df Transpor- tation's satisfaction. 5. PrDvide a comprehensive evaluatiDn frDm the applicant's civil engineer Idth appropriate nitigating measures for the follOldng issues: a. Flood hydraulics anu fluvial analysis (erosion and sedimentation study fDr the prDject site and adjacent properties). b. Floodway and floDd plain bank stabilities. 6. PrDvide a floDd plain and floodl,-ay study..for the project from the appli- cant's er.lgineer which shall reflect any changes in the, existing flood . plain, floodwa)' lines. . The study shall be to the satisfaction Df the Department of Sanitation and Flood Control. 7 Grant a flowage easement over any portion Df the property that is within the floDuway. 8. CDmplete the fDlln'<ing procedures tD the satisfaction of Environmental Analysis DivisiDn (ERE ArchaeDlo&y): a. A qualified archaeologist will map each site individually and show the following: 1) CDntDurs. 2) Natural features, i.e., rock outcrops, etc. 3) ~jan.made features, i.e., artifact concentration, milling, etc. 4) .Plot each site location on an aerial map of the project. ;>-7 1\P79-09 -3- b. Artifacts on each site will be micromapped. photographed _ in place, anQ collected fror.; the surface. c. Each site will be fully photographed (black and ~,hite. non-polaroid) from four (4) directions. d. Each site will be test excavated to determine what subsurface contell if an'y ~ exists (sites having no depth of artifacts or midden deposit way not require further-mitigation). e. Preservation and/or salvage research designs Idll be presented to EAD for approval for each site depending Oll whether it will be destroyed or not. 1) Preservation Plans shall provide site protection by _ complete avoidance and an D-,:>en Space Easement with a buffer area of 30 feet all around. 2) Salvage research designs will provide mitigation through excavation and recovery of up to 20% of-each site area. f. A full report of the above work, analyses and conclusions will be prepared and five (5) copies ,-fill be submitted to EM_. g. Provide a letter from the Enviro~~ental Analysis Division that archaeological mitigation measures have been satisfied. _ 9. nark ,dth posts the 15p feet l-dde zone west of the eastern aqueduct as described in "Biology Report of llelson-Sloan. RP79-09, Log #79-19-49," to the satisfaction of Environmental Analysis Division Coordinator. 10. Heet all provisions of Section 87.701 through 87.714 of the County Code including "Right of Entry" and security f.or its future restoration. Said security shall be in the &uount of $20.000.00; however, in no event shall the limitation on the amount of security required be construed as a limitation on the liability of the permittees. 11. Submit to the satisfaction of the pirector of Planning and Land Use: a. A statement the applicant accepts responsibility for reclaiming the mined_lands in accordance with the Reclamation Plan. b. The names and addresses of the OImers of all surface and mineral interests of subject land. C. 11ithin two years of the granting of this Reclamation Plan or within 60 additional days if the Director of Department of Planning and Land Use determines the applicant is diligently pursuing these conditions. the applicant shall: Construct flood control improvements if necessary to the satisfaction of Department of Sanitation and Flood Con~rol. and provide a letter from the Director of Sanitation and Flood Control that all requirements of this Department have been satisfied (ERB Flooding). c- O I""'" \" (., RP 79-09 - 4 - D. The Following conditions cond1tions apply (ERB Biology): 1. Vegetation shall not be remover! from the area in Phase fOur (4) except as required by written order of fire protection agency. 2. No mechanical invasion shall be allowed into the area of Coast Barrel Cactus in the ISO foot wide zone west of the eastern aqueduct as described in "Biology Report of Nelson-Sloan, RP79-09, Log #79-19-49 (Phase 5). 3. Only one phase shall be worked at a time. 4. Native cacti shall be salvaged for use in revegetation in portions of Phase Five on an annual basis. f-c; Attachment 2 - 1973 County of San Diego Grading Permit P ~/tJ '-'---~~- - ._--, -. _nTYJ___" . . - ,. . ., . CQUKTY OF SAN~Ie.GO ~ COUNTY O?.ER.&.TIOt..1;~ Gi;ENTER PHONE 278-9200, EXT. ~2S or 537 %i2)Pt't '" : 'COUNTY ENGUiE!:R DEPARTMEHT 5555 OVERLANO AVE.. BLDG. 2 SAN DIEGO. CAUFD.RN~A92i23 ( ~ (: THIS FO!<MWHEH PROPERLY VALIDATED BY SI.GNATURE 1S.A PERM!T TODD THf:'WORK DeSCRIBeO. THE PERMIT IS VALID FOR A SIX.(6} MONTHS peRIOD. ALL WORK AUTHORIZED MUST CONFORM TO CONDITIONS OUTLINED IN THE SAN DIEGO COUUTY EXCAVATION AHD "GRADING ORDINANCE :.DIVISION 7, TtTLF 8. OF TH e SAN DIEGO COUNTY CODE. . (FOR APPLICANT TO COMPLETi;l (FOR COUNTY USE ONL Yl <JA.'T2:.:.__7:.. -3 REQU.esSTEo15T7A3RTING DATE~ FE~ AMOlJNT I _ I - _-I PL.AN CHECK :) J:{. {:;;.. L.EGAL DESCRIPTION: (po,.. off..l~r No; Map No; cn:.' 'h:fl1" G.t:; See Gra.d~nq .t:"l~, . .' . A.,.~~~';;Tf iNS'. ..... ,n. .:;-- SITE AOORES", 6 lIl~les e<l,st of Interstate l~jtTRUcT' PLAN CHECK " ~~ M~.n ".. ,- n..,..... - , ~ERMIT"Ee:: i(J1rf~..jk-Y7~'1Jttt? PAOr-lE:' ~~:l.-:tt!." I.:.TRUCT. INSPECTION :::.;-~~. . ....p, T=' ~~n_!:L.. . - NEWAL. ACORESS )00'1 S '!J.11fi7Z: _, -, l' f .. ...... ...... ~ ~ Ca 1. orn~a PLANS BY: . pHONE: 11ark E. Darroucrh 729-S957.. AOORESS l'b - 1 . f . p. O. Box 845 Car s aa, Ca ~ orn~a' - 'PROPOSED use: OF GRADED SI;re:' ': ,! .. . 1. -, " ;: I I~1inincr of lar-;;e rTuarrv stone '._~~}1 ~;T~,:~.P:.7~.s-r:~. r......... GRADING BY: PHONE: ;/1 .'.:0: . iSPE.CI~L~,~~.$ PE~f!'"l:r...NO. SilberberNer Constructors. Inc. 729-89 7 ~LOG:PE;;':'i~N~rfll!(1:J A~..R8S: Box 845r 'carlsba!i, California \ir~.M;"N~'1 ",-. cor.t...,'CTED FILL: OTHER AGENCY NO 8A SOILS REPORT MAY BE REQUIRED FOR ^ Bt.DG. PERMIT" (lOENTIFY) yes A. COMPACTION REPORT rs REQlJIREiJ. ~"'H(J.~a.."i /. I i~. ,: r.): !t~! r;~','I,f:.l"."1 .SOILS ENGR: PHO,",E:_7-:- -';'Tr;'-.~- - , Southern Calif. Testin'" Laboratorv'~i;' ", ::- ;.1j.ii:~"'~'."'''''''' . c:.IJPr:-RV;S'EO GRADING" (lAusr be su~rYisecl if ov.r 5,000 C.Y.) '. r'~ . . . ' f .;.J 'l't:.::> 'f:1' I'tV Ix" i :SU'PER',(ISli>I.G ENGIN.EER: PHONE: 'None ADDRESS .None I ~~NT'TY GRAD! NG PERMIT . . OATE REC'O 7-/1-7.:;; 7-n-?:3 COST EsTIMATE . ..J """" :P1.r!r. I'J er-tth CASH DEPOSIT ~ Pif71. 7/v/77 PERMIT NO. SPECIAL. CONOITIOI.cs-W'HICH ARr;: MADE A PART OF THIS PERMIT i . --..--------- . IMPORTI WASTE 'CUBIC YARDS ON SITE 'CUT FILL 500,000 cyl I I . (; 1 I HEREBY ACKNOWLEDGE THAT I HAVE READ THE APPLICATION ~NO " .STATE THAT THE INFORMATION I HAVE PROVIDEC IS CORRECT AND:._ iff,iled to Area: ----. AGREE TO CO;.tPLY WITH ALL COUNTY ORDINANCES AND STATE LAWS:>, ~ . -.rJ' - &-~ REGUl.ATIMG EXCAVATIN.G AND GRADING, A.ND THE PROVISIONS AND'. "'r-' D G No. J-'!!!!. ~'1-0--- CONOITIONS OF ANY PERIAIT ISSUEO PURSUANT YO THIS APPLlCATlO!;,'" OG-{:-le9.1D73 . .u. .. . . L . / ~... .: ! )~/!;. , 9'1, r t6~.' . SrGNATURE OF PERM1TTEE:.:;. I' . i ~. . OR AU,HORIZED AGENT;' / i.. /.r/; ,.-,J .. "u;."...z:.., .. 'j / /' . INSPECTION 'DATE iNSPECTOR u t.,.r- E3 ",/ ('".(,-.,... - ~/-}}-T5 Pion Approyal OiJto: !,..--J/./l./., '7.2 Ro~gh Grocfin;r . Cor.\p;:leli>:>n Roport Rcc'd Finol c",tific:ot:o.., CMlpldt.!d PERMIT VALIDATION . Q/ J. ,?;k/ / <:v B1: ~k, {: _ - I." r-t.-r,."--':' -v, O~t.,: '. /(J- N-'75 c , . CY 'J"oi _' Filo PERMIT NO. c.'.t. ,.. 'J".; p.rmit clCs;irQtio" Doll': '':;.' , ~--I'"" go ~jll.J:."d~I-J'~!J.v i)A",-E- C) ..vOP ,.",4::-;:-:..,.:-(; C" ' ,,-/o''':; '7'~"J '. :''/...J .. A"":C.~./;~,""'/')':"'''' ~.;'~/?c~ 'j .' ,~ :';"I~'U . I' "" t7;...-.. . ......1.J /J ".... /\.r .r I-r,,;J _.. ". J. .,.".1 ..~, '. ~" .! , ('<( _1 ,.'.....~ - ./..r........,,;. C;:J;:j'_ P...IIJ1i.t.eer J . ~~:~ .~~~~ /~j /: JL.l '-j; ~.J'-~- -,,- . .-'.-' I . cc: <:on:io-trucrjon. CC::5hio!!r. Oulldin'J IU5.p"c:t.ior'l. .~1J~ni5in9 E"gl",.:u F(>RM.f;"R 132: (p,~V.'''7.I7''''OS701 [,// Attachment 3 - 1977 County of San Diego Grading Permit PIJ- COUNTY OF SAN DIEGO COUNTY OPERATIONS I!:ENTER ;. PHONE 278-9200, EXT. 528 or 537 -.. ," . .- .- COUNTY ENGINEER DEPARTMENT. 5555 bVeRUNO AVE.. BLDG. 2 . SAN DIEGO, CAlIF~NIA 92123 'y GRAD! NG PERMIT '"" ... .> > . ,HIS FORM WHEN PROPERLV. VAI,!D~,eil'BY SIGNAOURE IS A PERMIO TO DO THE WORK.DESCRI6EO. THE PERMIT IS VALID FOR A (12) MONTHS ~ERIOD. ALL WORK AUTHORIZED MUST CONFORM TO CONDITIONS OUTL.INED IN THE SAN DIEGO COUNTY EXCAVATION AND GRADING ORDINANCE, DIVI~IOH 7. TITLE 8. OF THE SAN DIEGO COUNTY COD:E. . (FOR APPLICANT TO COMPLE'J'E) EESEPS. 0 FEES PL.,(N CHECK (FOR COUNTY USE ONLY AMOU NT 3<r" ~ ... DATE RECtO '7-/7-73 -7 PERMIT STRUCT. PLAN-"CHEC!< COST ESTlMA TE (' ~ . ). BOND . \ ~ ,~. C.A.SH DE'POS!'T ;10 O/)()~ OTHER PERMITS SPECIAL USE PERMIT NO. BLDG. PERMIT NO. . T. M. NO. OTHER AGENCY {I0ENT.IF-Y} PERMIT NO. .) S?ECIAL CONDITIONS WHICH ARE M.ADE A PART OF THIS PERMIT. PHONE: ,vD E 7E NO ~ FEE QUANTITY IMPORTI WASTE CUSIC YAROS ON SITE CUT FILL. NON CoNF(JteM/A/? 5:f>EC///I... . 5G' ~ NIt' VAL is ,j ~ I ! I HEREBY ACKNOWLEDGE THAT I HAVE READ THE A.PPLICATION AND STATE THAT THE INFORMATION I HAVE PROVIDED,IS CORRECT AND AGREE TO.COMPLY WITH AlLCOUHTY .ORDINANCES AND STATE LAWS REGULATING EXCAVATING AND GRADING, AND THE PROVISIONS AND CONDITIONS OF ANY. PERMIT ISSUED PURSU~NT TO THIS APPLlCATtON. INSPECTION 4e- , SIGNATURE OF PERMITTEE OR AUTHORIZED AGENT OATiE" 'NSPEC.TOR P'" App,.,.1 0.;.T'S! - /1- /97:1 ::RMI~.~ D.~, t5~~'f~77 ~.nrdt Expiration Dol.. ? Ii I/IJl3 Rou9h Grodil"lV Cornpoctlon Report Rsc'd Finol C.rtiFicatillfl Colftplttt~d. PERMIT NO. Ori..inGI _ Fil. Copy _ Perm in.. L6844 !'l..1 ~ ',0 cc: CCII1stfuction, Cashle', Building In.pec!I~. SUp"rvislng EnginMt r. FORM ER 732 ,REV. 7/70-0570) . ( -/ .), y.,"" Attachment 4 - Instrument of Credit for Grading, dated July 6, 1977 f.)'I- I ' f , .... ..., ''1.\.'\ -- . INSTr(UHENT OF CREOI'f . ' For Grading Pursuant to Section 87.2DS(b) of the San Diego County Code ,t..:y.r; L. '.' U '.1" 'r.~ ~,~tJtf/(fV .-.- :f-(j,}.J.d-:J-- lJ.V i.J<> 1--- 0 f'E,jU4;J ~~~ IS" Do ,-(\-g '131~ . , ,i1fD G,;), ~ ' ""{& 0) InfEREAS, UNITED ENTERPRISES. INC. , " 1007 Fifth Avenue, (Permittee) San Diego, Calif. 92101 S.D. _ - ~ - - - - - - - - - - - - - - - - - - - - - - - -. - - - - - - - - - - - - - - )1 has filed (> , l<~th the County Engineer of Sun Diego County an application for a p~rlOit to perform ex:cavatl.on or fill 'work, or -both, within the unincorporated area of the County of San Diego, more specifically described in the application for the grad- ing permit, upon real property mroed'by said permittee J..-nm-m as Lots and portions of lots numbered 32. 33. 34, 35, 36. 37. 38, 39 ,& 42, 43, 44 and 45 of the Otay Rancho in the Co. 0 in ac"ordance ldth the provisions of the San Diego County Code; and, ,liHEREAS, WELLS ;~GO BANK, N..B.A. - \ 8DO ,310(\, ?'~~Q'''-;- ,..:,,-, . h . . .hereinafter referred to as financial institution, is a financial institution subject to regulation by the state or federal'gov'ernment and said fi"ancial institution by this instrument of credit pledges that the funds specified herein are on deposit in a trust fund and said funds are ,gt!aranteed fO~ payntent~ NOl~ ~FORE" , " ',' __ ' . ," ", ' IT IS AGREED by and beitl.een' the permithee and the financial':institutiDll;' in order to' gi\1c assurance to the County, of San Diego that 'said grailingl#ll~ b.e completed in , compliance with the requirements of Division 7 of Title 8 of the San Diego County Code, in compliance -with all terms and conditions of the grading permit, and within the time limit specified in said grading permit; that said financial institution has on deposit the, sum of $ 20.000.00 > which shall be paid out only as hereinafter provided. . \ , The trust fund shall Dot be terminated by reason of the death, dissolution, in- solvency, or bankruptcy of the permittee and/or the financial institution issuing this instrument of credit. The trust fund shall not be terminated and/or cancelled by , reason of the subsequent annexation and/or incrrfPoration of any or all, of the real pro- perty into a city or other public entity., I! ' , '" . \ . .' . ~..... ...!..;: .,' The finand'll. institution agrees to hold tne money hereinabove pledged to have been deposited'in the t..-ust find, and to make payment from the trust, fund .only as follDl's: 1. In the event that the financial institution receives notice from the County Engineer 0": the Board of Supervisors 'of the County of San Diego' that the grading has not been completed in compliance with the require- " ments of Division 7 of Title 8 af the Sa'n Diego County Code and the terms and conditions of the. grading permit or that the grading has not been ',,, ,- 'completed within the time limit specified'in said permit, together with a demand 'for paymen,t of the money held in the trust :(~nd> or any portion thereof, the financial ilrstitution s,ha11 pay the amount demanded to'the County of San Diego, and pay the re~ining balance" if any, to the per- mittee. ' .:,' 2. In the event that' the financial institution receives notice from the County Bngineer' or the Board of Supervisors of the County of San Die"o . 0 that the grading has been completed in compliance ldth the requirements I I" - j. 10 (J I ; { i ';' .- .. .,~".t. .... ~l ;- , , ;. ! . . of Division 7 of Title 8 of the San Diego County Code and the terms ilnd conditions of the grading permit and has been' completed within the time limit specified :i,n the grading permit, together with. a request for release of the trust fun~, the financial institution shall pay the entire amount of the trust fund to the permittee. . authorized and' directed to issue this instn;,"e~t o'f credit to the County of,,: the effect that the undersigned financial institution holds the aforesaid . irrcvoc'able t;ust fund for the aforesaid purposes.. .' ., j. Yoti are San Diego to am(>lm't in an ! , I i j I I Accepted: Dated: JulY' 6, 1977 COUNTY OF SAN' DIEGO -~ By '- '. 'R. .J. '.MASSMAN . County Engineer ( , . , '. \ Acknmdedgments or e"ecuillon of the per1i1ittee and financial institution lI\ust be attached. ~ . .. . 0; ~ !:! ,; . s ~ . ;; " ~ ;; u ... . < ( .; " . -. ~G. - . ~,;; '" } 55. '. STATE OF CHIFORNIA COUNTY OF pAN DI)!;GO On~ 6. 1 <)77 b,r." m,. the unllcr!:ien("d. II ~ofart. l"uhlic i.n and for ~aid County and StOltc'. d Robert Newell . l,er~ni1n)" apj"IeaTC - known 10 me to he du~._-=-_rre!'-ident. and Ro:=::e B. Patek-_ ". known 10 me !o b~. ..Ass.t ,-Tr:ea..5lSrailJ'arJ of the l"orporarioll thai euC"ull"d the within In:<trtJrnent. known to m.e: to be thc rc.rsons ....h? exet"ulf'd the within In!:trumenE on hf'half of the ,.orpor:llon Ihercln named.. a,!d :'It'"l::nowlf'd~rd to me Ihill suC'h ('orporatlon e~eculed. the within inl'trumC:l\t pursuanr ro its by.ll1wS or a resolul1on of Its board of direclors. Sij;nahm: 71~- (!~ Nancy C. Jones ~a;lf' fTyp,.d or rrint('dl Ntllu'f Public: in and ror $aid Count)' and Slale f'/0 Permittee Asst. 'Treas. (STATE R FEDER.>\L REGULATED FINANCIAL INSTI';' '. TUTION) :.,: Pres:i.dent By ". " FOR NOTARY SEAt.: OR STAMP , .;"". .~.' .. ...",,(~..u WELLS FARGO BANK.N.A. san Die:;o 6$0 OFFICE San Diel;o CALIFORNIA.. . Ntt65o.4m677 ( . ( ". 'l1' JuJ.y 6, 1917 " United Ente~ises, Inc. * *= '* * * * * * * if * .:f' * * * * * HAS DEPOSITED IN THIS BANK Twenty th~s'ahd'- ----- -no/1OO DOLLA~S $ 20,000.00 "..~ TO THE ORDER Of f!nlln+.y t\f" ~.Qn ni p!.:n UPON PRESENTATION AND SURRENDER of THIS CERTIFIcATE ;I: _ ,A;,tD QO n,qr AfTER CATE. IF PRESENTMENT IS NOT MADE WITHIN TEN 110) DAY~ AFTER DATE OR ANY SUBSEOUEN' .e,,-y DATE. THE MATURITY OF THIS CERTIACATE SHALL AUTOMATICALLY BE RENEWED FOR SUCCESSIVE PERIODS OF 90 ~~r . :dl COMPUTED Ol'i A 365 DAY BASIS FROM DATE SHALl. BE PAID 1:.:,:rt~~~,. AT THE RATE OF. ".~O PERCENT PER Ar.NU ., :':,," TO THE DEPOSITOR. THIS BANK RESERVES THE RIGHT TO REDEEM THIS CERTIFICATE ON THE ORIGINAL OR 'ANY SUBSEQUENT MAllJR . ~ .i>'qN AT LEAST THIRlY (30) DAYS WR":EN NOTJCE ~O THE OWNER OF RECORD PRIOR T HE BEGINNING OF SUCH EXTENSION OF MATURm' . .'."CATE OF DEPOSIT - WITH AUTOMATIC . ...; suBJECT TO CHECK RENEWAL PROVISION ..."....:._!.: .'.' ~. ::.. - - ~ ~.., ~ . . ., ,:. DEPOSITOR: ." ,'<1'"'4 p?T~:;> -n""'" CERTIFICATE NUMBER: ~ . AGREEMENT FOR TIME CERTIFICATE OF DEPOSIT - PAYABLE TO: (!rmn+;y.....f San :9i.-:..~v To: VVELLS FARGO BANK.N..A. "on J;l<o;r 6>0 .Olf;co I In con,;derat;on of your ""dn, to the unde..;,ned your Ti"'" en"m.". of Depo,;' ;.n the amount of $?O, rv:n1 C011T'1t;y n"f ~a.n niero . I!we. JOintly and severallv, agree. i payable to -- "..,... f" : 1. That said Certificate shall mature ~d8VS after date 0 Issu.ance. . I 2. That., If not redee.med within .10 days-,dter maturitY. the dua date shall be automatically extended for like successive periods: , ' .. - r' . -. ed by It 3. Th t said Certificate and this agreement shall be subject to any c;OndltlOOS or Imitations Impel is . pr~enl and future laws, rules and n:g~[ations- applicable thereto; 4. That said Cerrlfica.te shall. bear rl1teres~ at ~he r~e.; ~e ~~k ~~~:n;..~~~r~~b~::e~;e~~y r:~~~ ::~~n:~~h{o::~~~o~i~I~~~~u';~~tic~.~f ~~~ to the 8,.;tent necessary to comply with any law, rule, or regulatiDn appli<:able to said Certifi.:ate:d; ~ d I 30 d 50 That this agreement may be terminated upoa the bank ing to the ?W~ recor. at east ayl priDr to ~ny maturity or extended maturity, writte" .. of ch termln3 . .., ,.r' AuthorlZed Signature ...j DT112 (12/73) .11395 ~. '. .1 , r , tV / ""'! ./ ( ( ( " . f (,. \\, , .. ,Il " . ~ , . . . Name: i ; , 'i Address: Corp or-ate Resolution Dated: see Date: Amount: Opened by: Date Closed: ~h ./ " . , PAYABLE TO .. " ..- --"-.". TIME CERTIFICATE OF DEPOSIT CQ1mt7 e:f SaR me""o Zip Code: Reason: ".- - _.~-_.. _.._-~ .---~-- . {-Il a .' ~. , .. 1 ;J iJ.'f.ro k<F- . -............... ~, " :'.' ver's 1.0. No.: Phone No.: ., ~ Attachment 5- Covenants Recorded by Rimrock _ //~7 RECORDING REQUEST BY: City Clerk WHEN RECORDED MAlL TO: CITY OF CHULA VISTA THE ORIGINAL OF THIS DOCUMENT WAS RECORDED ON DEC 16. 2008 DOCUMENT NUMBER 2008-0639472 GREGORY J. SMITH. COUNTY RECORDER SAN DIEGO COUNTY RECORDER'S OFFICE TIME 3:04 PM 276 Fourth Avenue Chula Vista, CA 91910 Above Space for Recorder's Use DECLARATION OF COVENANTS OF OPERATION This Declaration of Covenants of Operation of the Otay Ranch PitIRock Mountain Mine ("Declaration") is made this Lt'I day of ~008, by Rimrock CA LLC, a Delaware limited liability company, RR Quarry LLC, a Delaware limited liability company and Otay Valley Quarry LLC, a Delaware limited liability company (collectively "Declarant"), RECITALS A. Declarant (also referred to herein as "Rimrock" or "Mining Operator") owns the real property located in the City of Chula Vista ("City"), County of San Diego, State of California, which is more particularly described on Exhibit A (referred to herein as the "Property" or "Vested Future Mining Area"), and is primarily located within a master planned community commonly known as the Otay Ranch Proj ect. B. Declarant owns and operates the Otay Ranch PitIRock Mountain Mine located at the eastern terminus of Main Street, within the City. C. Declarant conducts mining operations including excavation, materials processing storage and hauling (all such activities are herein described as "Mining Operations") within the Property. D. Land located in proximity to the Property is designated within the City's General Plan for open space, recreation, residential and commercial uses. E. Declarant desires to establish covenants, conditions and restrictions upon the Property . and each and every portion thereof, which will constitute a standard of operations on the Property and for the use and enjoyment thereof, and for the purpose of enhancing and protecting the value, desirability and enjoyment of the Property. NOW, THEREFORE, Declarant hereby covenants, agrees and declares that all of the Property is, and shall be, held, conveyed, encumbered, hypothecated, leased, rented, used, occupied and improved subject to the following limitations, covenants, conditions, and restrictions which are hereby declared and agreed to be in furtherance of the improvement, use, protection, maintenance and sale of all of the Y - :<0 Property and all of which are declared and agreed to be for the purpose of enhancing, maintaining and protecting the value and attractiveness of the Property and every part thereof. All of the limitations, covenants, conditions, and restrictions, shall run with the land and shall be binding upon an inure to the benefit of all parties having or acquiring any right, title, or interest in the Property or any part thereof, and shall be binding on and inure to the benefit of each successor-in-interest of such parties. Rimrock hereby declares that all of the Property described on Exhibit "A' shall be subject to this Declaration and has recorded the Declaration against the Property. Notwithstanding the foregoing, this Declaration is not deemed effective and shall not have created any binding covenants, conditions or restrictions unless and until such time as the City has affirmed the vested future mining rights of the Otay Ranch Pit/Rock Mountain Mine within the boundaries of the Property. In the event, the City fails within thirty (30) days following recordation of this Declaration, to affirm the vested future mining rights of the Otay Ranch Pit/Rock Mountain Mine within the boundaries of the Property, or the City's affirmation is for whatever reason nullified or overturned such that Declarant is found to have no vested future mining right, City shall, if requested by Declarant, immediately execute any and all documents reasonably requested by the Declarant to remove this Declaration as a matter of title for the Property. In such circumstance, the Declaration shall be considered null and void. COVENANTS OF OPERATION AIR Ol'ALITY 1. The Mining Operator shall implement best management practices to reduce the amount of fugitive dust generated from the Mining Operations, including but not limited to the following measures: a. Multiple applications of water during grading between dozer/scraper passes. b. Watering or chemical stabilization of unpaved internal roadways after completion of grading. c. Use of sweepers or water trucks to remove "lrack-out" at any point of public street access. d. Termination of grading if winds exceed 25 mph. e. Stabilization of dirt storage piles by chemical binders, tarps, fencing, or other erosion control measures. f. Stock piles of crushed rock shall be kept moist, or watered before being loaded into haullrucks. g. The unpaved haul roads shall be watered at one hour intervals, unless the road appears visibly wet. h. Maximum speed of all vehicles on the haul roads shall be 15 miles per hour. Speed sign shall be posted. i. Material processing equipment shall be operated in accordance with all conditions listed in the permit to operate the Mining Operation issued by the San Diego Air Pollution Control District. ~ - 11 <'" , NOISE 2. Upon issuance of the building permit for the first residential development within 1,500 feet of an active Mining Operation or rock crushing activity, a noise mitigation plan shall be completed that identities any mitigation or modifications to operations as may be needed to limit noise levels in order to be in compliance with the City's Municipal Code standards (19.86.030). A letter, verifying compliance with this standard shall be prepared by a qualified acoustician and sent to the City's Director of Planning and Building for review and approval prior to the occupancy of the first residential unit. 3. Once the first residence is occupied within 1,500 feet from the outer perimeter of an active Mining Operation, Mine Operators (including mining and processmg plant operations) shall confirm that nOlse levels are in compliance with the noise standards set forth in the City's Municipal Code (19.68.030). 4. An exception to any hours of operation restriction may be made when an emergency exists for federal, state or local governmental contracts. Emergency extensions are limited and shall require review and approval by the City's Director of Planning and Building. Any restrictions to hours of operation would not include real emergencies (natural disasters) as defined in California Environmental Quality Act. which require these uses to operate beyond the specific hours of operation. 5. Mine equipment maintenance can occur 24 hours per day, as long as such activity IS In compliance with the noise standards set forth in the City's Municipal Code (19.68.030). OPERATIONS 6. All storage, service and repair areas shall be located on the site so that they are not visible, or shall be screened from adjacent development or designated circulation element roadways. 7. On road truck hauling shall be permissible 24 hours per day on designated truck routes. 8. The Property shall be maintained at all times in a neat, manner free of all junk, litter and debris. 9. All private outdoor lighting shall be shaded and adjusted to fall on the same premises where such lights are located and in accordance with the applicable regulations of the City's Municipal Code. 10. All operations shall be maintained in a safe and sanitary condition. In case of damage to public Improvements of the City caused by these operations, the Mining Operator shall immediately repair the same or reimburse the City for doing so. Such damages shall be at the full cost, risk and responsibility of the Declarant and successors in interest. 11. The Mining Operator shall establish and maintain for its Mining Operations a minimum setback of 100 feet from the adjoining easterly property line. 12. The Mining Operator shall provide an acceptable financial assurance mechanism consistent with CalIlornia State Law. 13. The Mining Operator shall install fences and provide warning/trespass signs along the active Mining Operations to comply with the applicable City Municipal Code. All perimeter fencing shall be retained until post-reclamation development of the Mining Operation site occurs. 'J _ 1'1. l c< ,-l 14, Blasting shall be limited to the hours between 10 a.m. and 4 p.m. Blasting is only allowed after 4 p,m. if required for emergency safety purposes. If blasting is required after 4 p.m., the Mining Operator shall notify the City. 15. The Mining Operator shall retain a qualified blasting specialist to develop a site specific blasting pro&'Tam report to assess, control, and monitor noise and ground vibration from blasting, for any residences located within 1,000 feet of the mining operation. 16. The Mine Operator shall provide public notification of blasting schedule for residents within 1,000 feet of blasting. The Mine Operator shall give a monthly blasting schedule in writing to residences within 1,000 feet of potential blast locations. The notice shall disclose the anticipated blasting schedule and provide a contact phone number for the blasting contractor. Unscheduled changes to the blasting schedule will require the blasting schedule to be reissued no less than (24) hours prior to the blasting. GEOLOGY/SOILS 17. Should any areas experience sloughing, slumping or other slope failure beyond the planned limits of mming, which failure is determined by the City to have been caused by mining activities, those areas shall be remediated in accordance with design parameters approved by the City. Construction, inspection and testing of those areas shall be performed by a geotechnical or civil engineer to verify compliance with the applicable design specifications and shall be paid for by the Mining Operator. 18. The Mining Operator shall implement the Best Management Practices as set forth in the applicable Storm Water Pollution Prevention Plan, including but not limited to the following: a, Vegetation removal shall not precede mining by more than 12 months. b. Straw mulch shall be spread over revegetation areas after seeding/planting. c. Silt fencing shall be installed near the toe of any fill slopes with exposed (unvegetated) soil. d. Contour furrows (shallow ditches) shall be constructed or straw wattles (rice straw wrapped in tubular plastic netting) shall be placed along contour on final graded fill slopes to minimize runoff velocity and catch seeds transported in runoff. CI!L TURALlP ALENTOLOGICAL RESOURCES 19. In the event that paleontological resources are discovered during land alteratIOn activities, the mming crew shall immediately cease work in the vicinity ofthe find. A qualified paleontologist approved by the City shall be consulted to evaluate the resource, and a mitigation plan shall be prepared in accordance with local and Society of Vertebrate Paleontology guidelines. 20. Should any cultural resources, such as structural features, unusual amounts of bone or shell, al1lfacts, human remains, or architectural remains be encountered during any mining activities, mining around the discovery shall be suspended and the City notified. A qualified archaeologist approved by the City shall be consulted to evaluate the resource, and a mitigation plan shall be prepared in accordance with City of Chula Vista protocol. <'t' /'j - . .) r:"".. '} ~) GENERAL 21. To the extent any provision of this Declaration contlicts with the provisions of any permits or approvals, from any state, federal, or county agency, including any Reclamation Plan approved by the City, the more restrictive provisions shall control unless prohibited by law. Notwithstanding any other provision herem, the Mining Operations shall be subject to and comply with all applicable State and Federal laws and regulations, as well as, other applicable City Municipal Code Sections pursuant to its police powers. 22. The consent of the City shall be required for any amendment to this Declaration or any provision thereof. 1n the event an amendment is requested, the City shall submit the request to the City Manager for decision. The City Manager shall approve or disapprove any proposed amendment within thirty (30) days of submittal of such amendment to the City Manager. 23. The City shall have the right, but not the obligation, to enforce by any proceedings at law or in equity, all restrictions, conditions, or covenants now or hereafter imposed by this Declaration or any amendment thereto, including the right to prevent the violation of such restrictions, conditions, or covenants, and the right to recover damages and attorney fees, for such violation. Failure of the City to enforce any covenants, or restrictions herein contained shall in no event deemed a waiver of the right to do so thereafter. MSCP CONSISTENCY 24. Immediately upon approval of any reclamation plan andlor reclamation plan amendment, Declarant shall satisfy the same preserve conveyance requirements for developable lands as set forth in the Otay Ranch Resource Management Plan Phase I and 2 ("RMP") for all areas within the reclamation plan boundaries as shown conceptually on Exhibit "B," excluding those areas within the Amended Reclamation Plan Boundary as approved November 3, 2005. Declarant, its successors or assigns, shall convey land within the RMP Preserve in accordance with the provisions of the RMP at a ratio of 1.188 acres of preserve land for every acre of land within the Reclamation Plan as described above. To the extent that Declarant or its successors or assigns, obtains future land use approval to develop all or any portion of the land within an approved reclamation planes) with land uses that would otherwise trIgger an RMP preserve conveyance obligation, the preserve lands already conveyed pursuant to this obligation shall be deemed a credit toward such conveyance obligation or may be used to meet the conveyance nbligation for any other project within Otay Ranch. It is specifically understood that the existing bnundaries of the November 3, 2005 Amended Reclamation Plan Boundary (referred to herein as "rock quarry") which were not included in the Otay Ranch General Development Plan, are not subject to the RMP conveyance obligation described above, provided however, should said rock quanry have a change in its current vested nonconforming use (the use as of the date of this Declaration) that change in use shall comply WIth all applicable City policies, requirements and provisions. Notwithstanding anything stated herem, Declarant agrees to comply with all provisions related to restoration of preserve lands within the Nnvcmber 3, 2005 Amended Reclamation Plan Boundary. 25. Declarant, regardless of any rights it may have, shall not conduct any mining activities whatsoever on land within the Vesled Future Mining Area that is designated as Multiple Species Conservation Program (MSCP) 100% Conservation areas ("Preserve") as shown on Exhibit "C". Declarant agrees that said land shall be governed by the City's Subarea Plan and shall apply for and receive approval of a preserve boundary adjustment in accordance with the City's MSCP Subarea Plan prior to any mining activity being conducted within the 100% Conservation areas ("Preserve"). Once said land has received a boundary line adjustment, then the mining activity may proceed in accordance with an '1 L./ ",..".,..., ap:)f()vsd lZeciarnatiOl: Plar, D('cbr~m: agrees thai It shali tah' responsihili!y for a breach. If any, to the Ci~y's 11llpicmcnt31ior: Agreement Qr the MSCP Subarea PIa!"] that results from its activities This prcwisi:m shall no: 3ppiy to <:my Preserve land !bat is. aiready included within tbe approved Novemher 3, 2[){J:' Arn(;llucd Reciama~lon Plan BOU!ldary_ Immediately Up,:}]1 3pfJrnval of the ,'\.mended Ecc.jmnmloll Plar,. Dciara:lt shall illS'_lI!: (;Jl(; m<limair: bj(\-f;-Jllcin~ 8wund tb~ pCri1llelCr of th,:s= preserve ~lr::;ClS, a:;; showL ()I", Exhibi1 "C", Lii11il su:h ti:nt' as (1 houndary line adjustmcnlls appmvecL 2(), fUvlP Cnl1Sist::'>llCY: Dcc18rJll', shall f~djy c'-)lllr~Y \\-itii all opplicablc i)fovi:.;.;ion:;, of 111'.;: f~ivlP, ~lS Il1<: ~l:: am::.:ndcc fron: tlrllC ID Inm.: !vlSC'P Consistcnc) iE ~hc CVClJt theE DecJarar;1 uses the Cay's take 8u1.horiza~i~H: pursm:!lt to the ('it) c,fChu);! Visu~'s !\i1SCP Sllh:ire~i Pian, Deciara!lt shall fuily CDPlpJy VI,'itl', al~ 2.p;Jlicab]c :1rovisloTls of ~hc Iv1SCP. uS m,-~:' he ameJ1(.i~d 1'nl];__: link' [C time. p\ \.\'L'\,ESS 'NHEREOF. Dsclarant ha5 (~xcculcd this ~nslrument as of tbe cia", and y-ear first herein ab(I\':;" \.\Tlll(.~n, By: RR Ql1arr~. LLC. A Delaware Limited Liabilit), COlnpan)' By: JJJ&K Management. Inc.. /\ Delaware Corpora~ior: lts Managing Member By:________..... C) ....... _.,. 6': - / c" " C'" J approved Reclamation Plan. Declarant agrees that it shall take responsibihty for a breach, if any, to the City's Implementation Agreement or the MSCP Subarea Plan that results from its activities. This provision shall not apply to any Preserve land that is already included within the approved November 3, 2005 Amended Reclamation Plan Boundary. Immediately upon approval of the Amended Reclamation Plan, Declarant shall install and maintain bio-fencing around the perimeter of these preserve areas. as shown on Exhibit "C", until such time as a boundary line adjustment is approved. 26. RMP Consistency: Declarant shall fully comply with all apphcable provisions of the RMP, as may be amended from time to time. 27. MSCP Consistency. In the event that Declarant uses the City's take authorization pursuant to the City of Chula Vista's MSCP Subarea Plan, Declarant shall fully comply with all applicable provisions of the MSCP, as may be amended from time to time. IN WITNESS WHEREOF, Declarant has executed this instrument as of the day and year first herein above written. DECLARANT: Otay Valley Quarry, LLC A Delaware Limited Liabihty Company By: Rimrock CA, LLC ADelaW~Ompany By: RR Quarry, LLC, A Delaware Limited Liabihty Company By: JJJ&K Management, Inc., A Delaware co~ ItsMan~4'-' J (:> - ...) /' e> c....;p CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT C<".w.c<'..r.<'~~..eO"p:<".c<'"~~.e(.'..o<'...l'5&~.6("....cc.c<"~A'X>~.,('X"NX"~..Q("...r.c.r.Cr!C~lV>~~,n().P.<'.a:-.c<'~..('X"~~..c<'...Q( personally appeared ' ... Place Not!lry Seal Above who proved to me on the basis of ~tlsfactory evidence to be the person~ whose name(~~i;;a subscribed to the cSth1n Instriment and ack'nowl ged 10 me that hels~lthej executed the e in hi r/lh. authorized pacity(ij{s), and that b~~the~g~,i) on the instrumel1t the person~, or (he entity upon behalf of which the pers01s) aclted, 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. "..- WITNESS ~fd an Signature J- - - - - I~ ::.~~~~:-J ~~:;~ OPTIONAL Though the information below is not required by law, it may prove valuable to persons fe/ying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attache Signer(s) Other Than Named Above: 6/.? r~/ It f)d-..j , l'u f\.R. Document Date: Capacity(ies) "ed by Signer(~ Signer's Name: i(c.t ~.l r 8. (~, t1...J:;1<N....; Signer's Name: Individual I I Individual Corporate Officer - Title(s): - Corporate Officer - Title(s): U Partner - :.= Limited L General U Partner - u Limited U General Attorney in Fact n Attorney in Fact Trustee Top of thumb hero D Trustee Guardian or Conservator _ Guardian or Conservator U Other: ----' Other: RIGHTTHW,1BPRINT OF SIGNER Top of thllmb here Signer Is Representing: @2lJ07NationaINotaryAssoo,ation.- De Soto Ave., P.O. Box 2402-Chatsworth.CA 91313-2402owww_NationalNoIary.org Item Jil5907 ReorderCaJlTolI-Free1-800-B76-6827 n '^'.' --) { - ... C-' CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT C('.c<'..<'.lO..c(',c("..e<".ec,C('.c<'NX',G('A"X'.cc.c<'.cC,C('d'..c<'R.<>..c('.c<'..c<'.C('.a"'.c<-,o('.c<',(X'..Q(',Q('..c<'~..c<-,('X'..d'..c<"..c<'..(5(.'..C:<"..b<',.o('~~...c<".c<'.c< County of \J F. k. ~\\ ;; -, } State of California On i ;t.' I "11\1 !-~. \b ~f~ before me, ~':~. Date / l f, L 'CO, 'tRt"I'. - r,~. 1..:.< . \ I ._,. ~ \__ ,~\ \. \ L ere Insert Name nd Title 01 the leer personally appeared \..~ \.~ \~, i ~__ v' ..:...:..... ~"1 \...-L-J Name(,ijofSlgnerl1l J-----'!::~&~ e CemI....lL ..,,..,.. i IIOlaIy ~ - Cdl de. I ~ CounIr . I MrQInII\;.~ =:~_1 I ------- -- ~ -- who proved to me on the basis 01 satisfactory evidence to be the persony,) whose name()lj isl-..subscribed to the within instrument and acknowledged to me that he/sh~,~1 ,e, executed the same in hisillefAAeir authorized capacity(iesj, and that by his!l:lsr'IRsir signature~) on the instrument the person(8), or the entity upon behalf of which the personJ6) 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. WITNESS my hand and official seal. Place Nolary Seal AOl;lve Signature (- OPTIONAL .,' ....-- --- /, SlgrJatL(e0t'f4otary Public V Though the information below is not required by faw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Allached Document ;-.., . Title or Type of Document: i. 'L\.. "_r\L -1 -~ \" '. '.-' ~ ) . -f 1 ~ '-~\' .... Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: n Individual Corporate Officer - Title(s): Partner -_' Limited LJ General o Atlorney in Fact Trustee _ Guardian or Conservator o Other: . Top otthJmb here Signer's Name: U Individual o Corporate Officer - Title(s): = Partner - D Limited 0 General , Atlorney in Fact n Trustee - Guardian or Conservator o Other: Signer Is Representing:__ Signer Is Representing: Ct..,~"CV"'-'I;,""-"\."CV~~"....,;.<....v'<..X"~'UV'<"'V..";,:<.,,,~"(.;.<;.;;<.",,,'l..,N~"-"V'UV'--'V'--'V'Y.V'--'V'-'V'-'V~~'I,,;oV-UY"U(;.'--'V~~~'t..A;..~"~,.(;.:<.,;.oc;;-uy~~ ~2007 Nalior'lal Notary AsSOCiation - 9350 De SolO AVB., PO_ Bo~ 2402 -Chalswarlh, CA 91313-2402 - INWW.NalionalNotaryorg 118m 115907 Reorder: Call Toll-Free 1-800-876-6827 ?-f,O I.,) 0'- () EXHIBIT "A" ~ J~ ~~ ~ tp o \ '"7 -,. ~J> J>..z. --q.. --'Z.~ oJ> ,'2. ..,.,10 "" '\ \"" 0 \l~ .-0 4,." -", <I ~ ~ ....... - ~ Q, SAN DIEGO-CORONADO PIPELINE PER DEfD TO THE CITY OF SAN DIEGO IN BOOK 570, PAGE 113 RECORDED 6-24-1912 .-0 4.;y <;I II HUNSAKER & ASSOCIATES ~"'N Dll(;O, lNC PlAN~INC 'f)07 W~ple1 SlIcel fNGINHRINC Sm Diego. Ca 92121 ~URVmNG PH(8S8)SSa.4500- fX{8S8)558-1414 R:\0676\&Mcp\CP ~Inlng Rights [,hlbll A SHr 01.dwg(]Dec-11-2008: 14:56 W.O. 25-J66A ,,, _ ,.; (:) G C,!". EXHIBIT "A" LEGAL DESCRIPTION BEING A PORTION OF PARCELS 1, 2, 3 AND 4 AND THE LAND DEPICTED AS "NOT A PART" ALL OF PARCEL MAP NO. 20264, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF' THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 01, 2007. BEGINNING AT THE MOST NORTHERLY CORNER OF SAlp PARCEL 1; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 1 AND SAID PARCEL 3 SOUTH 18039'03" EAST, 4334.86 FEET TO THE NORTHERLY SIDELINE OF THE SAN DIEGO - CORONADO PIPELINE AS DEEDED TO THE CITY OF SAN DIEGO IN BOOK 570, PAGE 113 OF DEEDS; THENCE LEAVING SAID EASTERLY LINE OF PARCEL 3, ALONG SAID NORTHERLY SIDELINE SOUTH 71009'11" WEST, 24.55 FEET TO THE BEGINNING OF A 320.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 23041'15" A DISTANCE OF 132.30 FEET; THENCE SOUTH 47027'56" WEST, 1010.59 FEET TO THE BEGINNING OF A 287.50 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 29"48'41" A DISTANCE OF 149.59 FEET; THENCE SOUTH 77016'37" WEST, 503.98 FEET TO THE BEGINNING OF A 320.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 44038'51" A DISTANCE OF 249.36 FEET; THENCE SOUTH 32037'46" WEST, 985.58 FEET; THENCE SOUTH 30.04'17" WEST, 76.51 FEET; THENCE LEAVING SAID NORTHERLY SIDELINE SOUTH 84011'08" WEST, 166.57 FEET; THENCE SOUTH 16023'00" EAST, 91.00 FEET; THENCE SOUTH 26000'00" WEST, 62.00 FEET; THENCE SOUTH 69014'00" WEST, 104.00 FEET; THENCE SOUTH 73013'00" WEST, 109.00 FEET; THENCE NORTH 69"23'00" WEST, 82.00 FEET; THENCE NORTH 56022'00" WEST, 31.00 FEET; THENCE SOUTH 80022'00" WEST, 303.00 FEET; THENCE NORTH 62025'00" WEST, 59.00 FEET; THENCE SOUTH 63029'00" WEST, 156.00 FEET; THENCE NORTH 72056'00" WEST, 60.00 FEET; THENCE NORTH 80011'00" WEST. 135.00 FEET; THENCE NORTH 84025'00" WEST, 169.00 FEET; THENCE NORTH 58.56'00" WEST, 198.00 FEET; THENCE NORTH 78009'00" WEST, 100.00 FEET; THENCE NORTH 47034'00" WEST, 23.00 FEET; THENCE SOUTH 59030'00" WEST, 59.00 FEET; THENCE NORTH 77027'00" WEST, 52.00 FEET; THENCE NORTH 57049'00" WEST, 59.00 FEET; THENCE NORTH 77050'00" WEST, 125.00 FEET; THENCE NORTH 28005'00" WEST, 44.00 FEET; THENCE NORTH 15049'00" WEST, 65.00 FEET; PAGE 1 OF3 '8-30 :ml M:\2409\OD4\legsl Descriptions\A01 Vested Mining Rights.doc WO 2409.04 12111/08 THENCE NORTH 57045'00" WEST, 41.00 FEET; THENCE NORTH 71055'00" WEST, 29.00 FEET; THENCE NORTH 23"05'00" EAST, 80.00 FEET; THENCE NORTH 57"22'00" WEST, 85.00 FEET; THENCE NORTH 61009'00" WEST, 80.00 FEET; THENCE NORTH 64008'00" WEST, 71.00 FEET; THENCE NORTH 49"13'00" WEST, 125.00 FEET; THENCE NORTH 54003'00" WEST, 112.00 FEET; THENCE NORTH 58053'QO" WEST, 133.00 FEET; THENCE NORTH 56000'00" WEST, 323.00 FEET; THENCE NORTH 57019'00" WEST, 92.00 FEET; THENCE NORTH 54038'00" WEST, 128.00 FEET TO A POINT ON THE WESTERLY LINE OF SAID PARCEL 4; THENCE LEVING SAID WESTERLY LINE NORTH 12002'00" WEST, 126.50 FEET; THENCE NORTH 24057'00" EAST, 84.00 FEET; THENCE NORTH 18025'00" EAST, 191.12 FEET; THENCE NORTH 06020'00" EAST, 261.95 FEET; THENCE NORTH lS017'00" EAST, 35.00 FEET; THENCE SOUTH 17018'00" EAST, 111.00 FEET; THENCE NORTH 83022'00" EAST, 145,00 FEET; THENCE NORTH 87014'00" EAST, 116.00 FEET; THENCE SOUTH 28050'00" EAST, 23.00 FEET; THENCE SOUTH 10057'00" EAST, 63.04 FEET; THENCE SOUTH 64005'00" EAST, 16.46 FEET; THENCE SOUTH 64"05'00" EAST, 23.50 FEET; THENCE SOUTH 88"39'00" EAST, 43.00 FEET; THENCE NORTH 76059'00" EAST, 19.00 FEET; THENCE NORTH 20050'00" EAST, 107.00 FEET; THENCE SOUTH 86"27'00" EAST, 42.00 FEET; THENCE SOUTH 77047'00" EAST, 54.00 FEET; THENCE SOUTH 70025'00" EAST, 55,78 FEET; THENCE SOUTH 59029'00" EAST, 45.36 FEET; THENCE NORTH 89012'00" EAST, 33,00 FEET; THENCE NORTH 47017'00" EAST, 27.00 FEET; THENCE NORTH 29"07'00" EAST, 116.00 FEET; THENCE NORTH 22012'00" EAST, 132.00 FEET; THENCE NORTH 17040'00" EAST, 110.00 FEET; THENCE NORTH 10048'00" EAST, 106.00 FEET; THENCE NORTH 50049'00" EAST, 110.00 FEET; THENCE NORTH 3S021'00" EAST, 44.00 FEET; THENCE NORTH 24038'00" EAST, 503.00 FEET; THENCE NORTH 16044'00" EAST, 54.00 FEET; THENCE NORTH 02010'00" EAST, 35.00 FEET; THENCE NORTH 18055'00" WEST, 56.00 FEET; THENCE NORTH 26050'00" WEST, 71,00 FEET;THENCE NORTH 14014'00" WEST, 63.00 FEET; THENCE NORTH 03038'00" WEST, 133.00 FEET; THENCE NORTH 60"59'00" EAST, 44.00 FEET; THENCE NORTH 37010'00" EAST, 112.00 FEET; THENCE NORTH 17012'00" EAST, 62.00 FEET; THENCE NORTH 24029'00" EAST, 94.00 FEET; THENCE NORTH 32044'00" EAST, 120.00 FEET; THENCE NORTH 35007'00" EAST, 245.00 FEET; THENCE NORTH 34014'00" EAST, 51.00 FEET; THENCE NORTH 19034'00" EAST, 45.00 l=EET; THENCE NORTH 04058'00" EAST, 35.00 FEET; THENCE NORTH 07025'00" WEST, 36.00 FEET; THENCE NORTH 14045'00" WEST, 77.00 FEET; THENCE NORTH 21022'00" WEST, 191.00 FEET; THENCE NORTH 11001'00" WEST, 20.00 FEET; THENCE NORTH 04004'00" EAST, 49.00 FEET; THENCE NORTH 25022'00" EAST, 50.00 FEET; THENCE NORTH 41041'00" EAST, 25.00 FEET; THENCE NORTH 56017'00" EAST, 238.00 FEET; THENCE NORTH 42023'00" EAST, 32.00 FEET; PAGE 2 OF 3 7-5 - 3 J :ml M:\24091OO4\Legal O.scriptions\A01 Vestee Mining Rlghts.doc wn 'A09.0d 12/111OB THENCE NORTH 50002'00" EAST, 91.00 FEET; THENCE NORTH 36012'00" EAST, 180.00 FEET; THENCE NORTH 33022'00" EAST, 63.00 FEET; THENCE NORTH 38005'00" EAST, 146.00 FEET; THENCE NORTH 35019'00" EAST, 133.00 FEET; THENCE NORTH 50029'00" EAST, 78.00 FEET; THENCE NORTH 60001 '00" EAST, 41.00 FEET; THENCE SOUTH 74023'00" EAST, 117.00 FEET; THENCE SOUTH 62052'00" EAST, 296.00 FEET; THENCE SOUTH 83"01 '00" EAST, 32.00 FEET; THENCE SOUTH 89"04'00" EAST, 120.00 FEET; THENCE NORTH 81049'00'; EAST, 109.00 FEET; THENCE NORTH 75010'00" EAST, 75.00 FEET; THENCE NORTH 67031'00" EAST, 39.00 FEET; THENCE NORTH 37023'00" EAST, 68.00 FEET; THENCE NORTH 16"54'00" EAST, 42.00 FEET; THENCE NORTH 00055'00" EAST, 67.00 FEET; THENCE NORTH 30"07'00" EAST, 22.00 FEET; THENCE NORTH 62041'00" EAST, 28.00 FEET; THENCE NORTH 70056'00" EAST, 57.00 FEET; THENCE NORTH 51057'00" EAST, 23.00 FEET; THENCE NORTH 38035'00" EAST, 26.00 FEET; THENCE NORTH 10"32'00" WEST, 72.00 FEET; THENCE NORTH 15005'00" WEST, 114.00 FEET; THENCE NORTH 05042'00" EAST, 81.00 FEET; THENCE NORTH 43048'00" EAST, 100.00 FEET; THENCE NORTH 00"01'00" WEST, 297.00 FEET; THENCE NORTH 09"24'00" WEST, 30.00 FEET; THENCE NORTH 01054'00" EAST, 57.00 FEET; THENCE NORTH 16010'00" EAST, 35.00 FEET; THENCE NORTH 26059'00" EAST, 35.00 FEET; THENCE NORTH 40054'00" EAST, 55.00 FEET; THENCE NORTH 53023'00" EAST, 25.00 FEET; THENCE NORTH 64040'00" EAST, 127.00 FEET; THENCE NORTH 57"33'00" EAST, 92.00 FEET; THENCE NORTH 51054'00" EAST, 227.00 FEET; THENCE NORTH 16008'00" EAST, 8B.00 FEET; THENCE NORTH 07019'00" EAST, 43.00 FEET; THENCE SOUTH 73010'00" WEST, 150.00 FEET; THENCE NORTH 84055'00" WEST, 48.67 FEET TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL 1; THENCE ALONG SAID NORTHERLY LINE NORTH 49034'01" EAST, 358.34 FEET TO THE POINT OF BEGINNING. THE HEREINABOVE PARCEL OF LAND CONTAINS 371.063 ACRES MORE OR LESS. J}-/4" d/L ~0fd..~ DAVID W. AMBLER P.L.S. 7322 HUNSAKER & ASSOCIATES SAN DIEGO, INC. PAGE 3 OF 3 :ml M:\2409\004\Legal Cescrlptlons'A01 Vested Mining Rlghts.doc WO 2409-04 12/11108 r:" ...., "', )'" " i '.~J ,~. C~- EXHIBIT B FUTURE VILLAGE 4 DEVELOPMENT AREA -~. ?~'~ ,-- ", .1"'[' -'cr":,' AREA SUBJECT TO CONVEYANCE (!'I721 AC.) .I..-z., "F"'_' - -~ " , "- i //- \- \ 'II I ~ ;,~ \...1 ) ", ~. . ::" \ " ~ I ,- ,\,'t ','- l' I - \"" 'i"\ APN 644-060.06 ' " , _.\,.:,_-"w-" ;-~~. .~.~ . I' e J) -~~.-~~~ / r SAN DIEGO-CORONADO PIPELINE PER DEED TO WE CITY or SAN DIEGO IN BOOK 570. PAGE 11.3 RECORDED 5/24/1912. ..:7"2 ....) _d') PO[I'_o",. .rg... ~ 'l!!iiiii- ~+-= -'~' ", ,-- ", ._~\ - c:.. , '-' -- --- ,,' ~ ~ ~ '"' ,~" - ..."._...."'...."'~---_._~~... U-l1-0l'l CitYlIICkulllVi.ta,c"lifll,niIl Of EXHIBIT "e" LEGEND: ~ INDICATES PRESERVE +/- 32 ACRES o 0 0 0 0 . INDICATES BIG-FENCINC ~ !;l ;.~ ~~ p/! .......J r-;, ./) </ r VESTED FUTURE MINING AREA ./h4.P /Yr- << .P 4A; a - /t:-1 \ <.P \ \ ('\--\0 ) ,,\' v B ,! F.r e2r 0'\ A r: 1'10' II N\AP g1 ~ ~r~ - - - \ 86 _ - - - 36 \' \ .P 4", /) -2 . HUNSAKER & ASSOCIATES s ... N 0 I leG, I H C. PlANNING 9707 Waplfl Street \1") -. 2W' ENGINEERING ~n Diego, C. 92121 c; ,-). SURVEYING p~~85a1556.4'.iOO. FX(65&)SS&- 1414 R: \0676\lcI.Iop\DP Mining Rights Exhibit C SHT Ol.dwg[]D,c-1S-2008: 11:39 W.O. 2409-4 ~ \:P ^ .r-"4^ .Ai' /' a '-;?'-\. '>'J> 'J>...z \l - - - Z 'JJ. 'J> ?z ~~ ~- ~o ~ --.\. - - ~ o. SAN DIEGG-CORONADO PIPELINE: PER DEED TO THE CITY OF SAN DIEGO IN BOOK 570, PACE 113 RECORDED 6-24-19/2. .P 4", .A, <;/ I EXHIBIT I Limits of 1973 Grading Permit A o ., ~>. o '-'0,',:) I EXHIBIT I Vested Future Mining Area B f-3' EXHIBIT "C" LEGAL DESCRIPTION BEING A PORTION OF PARCELS 1, 2, 3 AND 4 AND THE LAND DEPICTED AS "NOT A PART" ALL OF PARCEL MAP NO. 20264, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 01, 2007. BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 1; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 1 AND SAID PARCEL 3 SOUTH 18039'03" EAST, 4334.86 FEET TO THE NORTHERLY SIDELINE OF THE SAN DIEGO - CORONADO PIPELINE AS DEEDED TO THE CITY OF SAN DIEGO IN BOOK 570, PAGE 113 OF DEEDS; THENCE LEAVING SAID EASTERLY LINE OF PARCEL 3, ALONG SAID NORTHERLY SIDELINE SOUTH 71009'11" WEST, 24.55 FEET TO THE BEGINNING OF A 320.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 23041'15" A DISTANCE OF 132.30 FEET; THENCE SOUTH 47027'56" WEST, 1010,59 FEET TO THE BEGINNING OF A 287,50 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 29048'41" A DISTANCE OF 149,59 FEET; THENCE SOUTH 77016'37" WEST, 503,98 FEET TO THE BEGINNING OF A 320,00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 44038'51" A DISTANCE OF 249.36 FEET; THENCE SOUTH 32037'46" WEST, 985.58 FEET; THENCE SOUTH 30004'17" WEST, 76.51 FEET; THENCE LEAVING SAID NORTHERLY SIDELINE SOUTH 84011 '08" WEST, 166,57 FEET; THENCE SOUTH 16023'00" EAST, 91.00 FEET; THENCE SOUTH 26000'00" WEST, 62,00 FEET; THENCE SOUTH 69014'00" WEST, 104.00 FEET; THENCE SOUTH 73013'00" WEST, 109,00 FEET; THENCE NORTH 69023'00" WEST, 82,00 FEET; THENCE NORTH 56022'00" WEST, 31.00 FEET; THENCE SOUTH 80'22'00" WEST, 303.00 FEET; THENCE NORTH 62025'00" WEST, 59,00 FEET; THENCE SOUTH 63029'00" WEST, 156,00 FEET; THENCE NORTH 72056'00" WEST, 60,00 FEET; THENCE NORTH 80011 '00" WEST, 135.00 FEET; THENCE NORTH 84025'00" WEST, 169,00 FEET; THENCE NORTH 58056'00" WEST, 198,00 FEET; THENCE NORTH 78'09'00" WEST, 100,00 FEET; THENCE NORTH 47034'00" WEST, 23.00 FEET; THENCE SOUTH 59030'00" WEST, 59,00 FEET; THENCE NORTH 77027'00" WEST, 52.00 FEET; THENCE NORTH 57049'00" WEST, 59.00 FEET; THENCE NORTH 77'50'00" WEST, 125,00 FEET; THENCE NORTH 28005'00" WEST, 44,00 FEET; THENCE NORTH 15049'00" WEST, 65,00 FEET; PAGE 1 OF 3 :d M:\2409\004\LegaJ Descrlptions\A01 Vested Mining Rights.doc WO 2409-04 1219108 [>-37 THENCE NORTH 57045'00" WEST, 41.00 FEET; THENCE NORTH 71055'00" WEST, 29.00 FEET; THENCE NORTH 23005'00" EAST, 80.00 FEET; THENCE NORTH 57022'00" WEST, 85.00 FEET; THENCE NORTH 61009'00" WEST, 80.00 FEET; THENCE NORTH 64008'00" WEST, 71.00 FEET; THENCE NORTH 49013'00" WEST, 125.00 FEET; THENCE NORTH 54003'00" WEST, 112.00 FEET; THENCE NORTH 58053'00" WEST, 133.00 FEET; THENCE NORTH 56000'00" WEST, 323.00 FEET; THENCE NORTH 57019'00" WEST, 92.00 FEET; THENCE NORTH 54038'00" WEST, 128.00 FEET TO A POINT ON THE WESTERLY LINE OF SAID PARCEL 4; THENCE LEVING SAID WESTERLY LINE NORTH 12002'00" WEST, 126.50 FEET; THENCE NORTH 24057'00" EAST, 84.00 FEET; THENCE NORTH 18025'00" EAST, 191.12 FEET; THENCE NORTH 06020'00" EAST, 261.95 FEET; THENCE NORTH 16017'00" EAST, 35.00 FEET; THENCE SOUTH 17018'00" EAST, 111.00 FEET; THENCE NORTH 83022'00" EAST, 145.00 FEET; THENCE NORTH 87014'00" EAST, 116.00 FEET; THENCE SOUTH 28050'00" EAST, 23.00 FEET; THENCE SOUTH 10057'00" EAST, 63.04 FEET; THENCE SOUTH 64005'00" EAST, 16.46 FEET; THENCE SOUTH 64005'00" EAST, 23.50 FEET; THENCE SOUTH 88039'00" EAST, 43.00 FEET; THENCE NORTH 76059'00" EAST, 19.00 FEET; THENCE NORTH 20050'00" EAST, 107.00 FEET; THENCE SOUTH 86027'00" EAST, 42.00 FEET; THENCE SOUTH 77047'00" EAST, 54.00 FEET; THENCE SOUTH 70025'00" EAST, 55.78 FEET; THENCE SOUTH 59029'00" EAST, 45.36 FEET; THENCE NORTH 89012'00" EAST, 33.00 FEET; THENCE NORTH 47017'00" EAST, 27.00 FEET; THENCE NORTH 29007'00" EAST, 116.00 FEET; THENCE NORTH 22012'00" EAST, 132.00 FEET; THENCE NORTH 17040'00" EAST, 110.00 FEET; THENCE NORTH 10048'00" EAST, 1 06.00 FEET; THENCE NORTH 50049'00" EAST, 110.00 FEET; THENCE NORTH 38021'00" EAST, 44.00 FEET; THENCE NORTH 24038'00" EAST, 503.00 FEET; THENCE NORTH 16044'00" EAST, 54.00 FEET; THENCE NORTH 02010'00" EAST, 35.00 FEET; THENCE NORTH 18055'00" WEST, 56.00 FEET; THENCE NORTH 26050'00" WEST, 71.00 FEET;THENCE NORTH 14014'00" WEST, 63.00 FEET; THENCE NORTH 03038'00" WEST, 133.00 FEET; THENCE NORTH 60059'00" EAST, 44.00 FEET; THENCE NORTH 37010'00" EAST, 112.00 FEET; THENCE NORTH 17012'00" EAST, 62.00 FEET; THENCE NORTH 24029'00" EAST, 94.00 FEET; THENCE NORTH 32044'00" EAST, 120.00 FEET; THENCE NORTH 35007'00" EAST, 245.00 FEET; THENCE NORTH 34014'00" EAST, 51.00 FEET; THENCE NORTH 19034'00" EAST, 45.00 FEET; THENCE NORTH 04058'00" EAST, 35.00 FEET; THENCE NORTH 07025'00" WEST, 36.00 FEET; THENCE NORTH 14045'00" WEST, 71.00 FEET; THENCE NORTH 21022'00" WEST, 191.00 FEET; THENCE NORTH 11001'00" WEST, 20.00 FEET; THENCE NORTH 04004'00" EAST, 49.00 FEET; THENCE NORTH 25022'00" EAST, 50.00 FEET; THENCE NORTH 41041'00" EAST, 25.00 FEET; THENCE NORTH 56017'00" EAST, 238.00 FEET; THENCE NORTH 42023'00" EAST, 32.00 FEET; PAGE 2 OF 3 :d M:\2409\004\Legal Descrrptions\A01 Vested Mining Rights.doc WO 2409-04 12/9/08 ;-38 THENCE NORTH 50002'00" EAST, 91.00 FEET; THENCE NORTH 36012'00" EAST, 180.00 FEET; THENCE NORTH 33022'00" EAST, 63.00 FEET; THENCE NORTH 38005'00" EAST, 146.00 FEET; THENCE NORTH 35019'00" EAST, 133.00 FEET; THENCE NORTH 50029'00" EAST, 78.00 FEET; THENCE NORTH 60001'00" EAST, 41.00 FEET; THENCE SOUTH 74023'00" EAST, 117.00 FEET; THENCE SOUTH 62052'00" EAST, 296.00 FEET; THENCE SOUTH 83001'00" EAST, 32.00 FEET; THENCE SOUTH 89004'00" EAST, 120.00 FEET; THENCE NORTH 81049'00" EAST, 109.00 FEET; THENCE NORTH 75010'00" EAST, 75.00 FEET; THENCE NORTH 67031'00" EAST, 39.00 FEET; THENCE NORTH 37023'00" EAST, 68.00 FEET; THENCE NORTH 16054'00" EAST, 42.00 FEET; THENCE NORTH 00055'00" EAST, 67.00 FEET; THENCE NORTH 30007'00" EAST, 22.00 FEET; THENCE NORTH 62041'00" EAST, 28.00 FEET; THENCE NORTH 70056'00" EAST, 57.00 FEET; THENCE NORTH 51057'00" EAST, 23.00 FEET; THENCE NORTH 38035'00" EAST, 26.00 FEET; THENCE NORTH 10032'00" WEST, 72.00 FEET; THENCE NORTH 15005'00" WEST, 114.00 FEET; THENCE NORTH 05042'00" EAST, 81.00 FEET; THENCE NORTH 43048'00" EAST, 100.00 FEET; THENCE NORTH 00001'00" WEST, 297.00 FEET; THENCE NORTH 09024'00" WEST, 30.00 FEET; THENCE NORTH 01054'00" EAST, 57.00 FEET; THENCE NORTH 16010'00" EAST, 35.00 FEET; THENCE NORTH 26059'00" EAST, 35.00 FEET; THENCE NORTH 40054'00" EAST, 55.00 FEET; THENCE NORTH 53023'00" EAST, 25.00 FEET; THENCE NORTH 64040'00" EAST, 127.00 FEET; THENCE NORTH 57033'00" EAST, 92.00 FEET; THENCE NORTH 51054'00" EAST, 227.00 FEET; THENCE NORTH 16008'00" EAST, 88.00 FEET; THENCE NORTH 07019'00" EAST, 43.00 FEET; THENCE SOUTH 73010'00" WEST, 150.00 FEET: THENCE NORTH 84055'00" WEST, 48.67 FEET TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL 1; THENCE ALONG SAID NORTHERLY LINE NORTH 49034'01" EAST, 358.34 FEET TO THE POINT OF BEGINNING. THE HEREINABOVE PARCEL OF LAND CONTAINS 371.063 ACRES MORE OR LESS. /b7~4/L /2.o~'2M~ DAVID W. AMBLER P.L.S.7322 HUNSAKER & ASSOCIATES SAN DIEGO, INC. PAGE 3 OF 3 :d M:\2409\004\Legal Oescriptions\A01 Vested Mining Rights.doc WO 2409.04 1219/08 j; 3'1 . EXHIBIT "e" ~ tp. '" ~ f:1 ~~ ~~ o , '?' -,. ':::::- '\- .,..., y "" --<. '-Q - - - 'Z "):\ OJ:>- , z- o Q:l,\ \--:c. ~ Q:lO ./J 4/:; \:'.J -\. - - \--:c. Q'). SAN DlfaO-CORONADO PIPELINE PER DEED TO THE CITY OF SAN DIEGO IN BOOK 570. PAGE 773 RECORDED 5-24-797~ - ./J 4,-." -", <,/ ~ - HUNSAKER & ASSOCIATES SAN 0 I EO ~ I H C. PLANNING lOW Huemekem Street ENGINEERING San Diego, Ca lJnn ~RvrnNG PH(B58)SSB-4SOO' FX{8S8)55a.1414 R: \0676\lcMop\DP Mining Rights SHT 01.dwg[ ]Oec-09-2008: 10: 01 W.O. 25-366A f-!.jO RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AFFIRMING THE DETERMINATION BY THE COUNTY OF SAN DIEGO IN 1980 THAT THE OTAY QUARRY OPERATION LOCATED AT THE EASTERN TERMINUS OF MAIN STREET, CHULA VISTA, WAS A VESTED LEGALLY NON-CONFORMING USE WHEREAS, RR Quarry, LLC; Rimrock CA LLC; and Otay Valley Quarry LLC (referred to collectively as "Rimrock") own and operate the Otay Ranch PitIRock Mountain Mine, located at the eastern terminus of Main Street; and WHEREAS, the mine was originally located within the jurisdiction of the County of San Diego ("County") and was annexed into the City ofChula Visa in 1997; and WHEREAS, the County issued a Grading Permit (L6844), dated October 19, 1973, to conduct mining operations, however the permit did not specify the property subject to excavation but referred to the legal description in the grading plan to provide the legal description of the land under the permit, this land is depicted on Exhibit "A"; and WHEREAS, the County transferred Grading Permit L6844 to the new owners of the mining operation on August 24, 1977, which stated that the Permit was issued for a "nonconforming special use" and once again, the 1977 Grading Permit referred to the Grading Plan to provide the legal description of the land under the 1977 Permit; and WHEREAS, the new owners provided an instrument of credit for the 1977 Grading Permit that covered the same area described on the Grading Plan referred to by the 1973 and 1977 Grading Permit; and WHEREAS, on August 15, 1980, the County Planning Commission approved a Reclamation Plan for the mining operation covering portions of the land depicted on Exhibit "A" and all of the area shown on "Exhibit "B" and in its decision affirmed that the mining operation was a legal nonconforming use; and WHEREAS, the California Surface Mining and Reclamation Act of 1976, California Public Resource Section 2776, ("SMARA") provides that a vested right may be acquired for a mining operation if either a permit or other authorization was required for such activity and it was obtained prior to January 1, 1976; or if mining was conducted without a permit, it was pursuant to an existing legal nonconforming use as of January 1, 1976; and WHEREAS, Rimrock contends that they have a vested right, under SMARA, to mine the property that is depicted as the "Vested Future Mining Area" on Exhibit" B" because of the 1973 Grading Permit issued by the County and because mining operations commenced in or around 1948; and J:\AttomeyIRESOLUTIONSIPLANNING\Vested Rights Final_12.16.08.doc ,..,j '-It! (f'"-"'" . :.f .,. /' Resolution No. 2008- Page 2 WHEREAS, Rimrock is requesting that the City Council affirm the County's decision that it has a legal nonconforming use with respect to only the area depicted as the "Vested Future Mining Area" on Exhibit "B", which is smaller than the area covered under the 1973 and 1977 Grading Permits but is within all of the area covered under the 1980 County Planning Commission's decision of vested use; and WHEREAS, Rimrock has agreed to relinquish any and all vested rights, it may have, to operate and expand its mining operations on any property other than that area shown as the "Vested Future Mining Area" on Exhibit "B" and legally described on Exhibit "C"; and WHEREAS, a noticed public hearing was held on December 16, 2008, and evidence of the County's determination of Rimrock's vested right to operate a mine was presented to the City Council; and WHEREAS, 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, so no environmental review was necessary. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Chula that it affirms the County of San Diego's determination that Rimrock's mining operation over the area depicted on Exhibit "B" and legally described on Exhibit "C", attached hereto and incorporated herein by this reference, was a vested legal nonconforming use under SMARA, provided however, any and all mining activities shall be subject to all applicable State and Federal laws and regulations, as well as, other applicable City Municipal Code provisions pursuant to its police powers. Presented by: Approved as to form by: Gary Halbert, AICP Director of Planning & Building r r / .~~Ll(2CC-<c--) (l Bart C.Miesfe . -t"r'tjtyAttorney J-\Attorney\RESOLUTlONS\PLA~ING\VeSled Rights Final- IDSM Rev _12. 16,08,doc $?_Ll') ,J -/.... I EXHIBIT I Limits of 1973 Grading Permit A ,"', Y3 <,_~i""" ", r,' I EXHIBIT I Vested Future Mining Area B p_Llf../ ~ 7 f EXHIBIT "C" LEGAL DESCRIPTION BEING A PORTION OF PARCELS 1, 2, 3 AND 4 AND THE LAND DEPICTED AS "NOT A PART" ALL OF PARCEL MAP NO. 20264, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 01, 2007. BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 1; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 1 AND SAID PARCEL 3 SOUTH 18039'03" EAST, 4334.86 FEET TO THE NORTHERLY SIDELINE OF THE SAN DIEGO - CORONADO PIPELINE AS DEEDED TO THE CITY OF SAN DIEGO IN BOOK 570, PAGE 113 OF DEEDS; THENCE LEAVING SAID EASTERLY LINE OF PARCEL 3, ALONG SAID NORTHERLY SIDELINE SOUTH 71009'11" WEST, 24.55 FEET TO THE BEGINNING OF A 320.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 23041'15" A DISTANCE OF 132.30 FEET; THENCE SOUTH 47027'56" WEST, 1010.59 FEET TO THE BEGINNING OF A 287.50 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 29048'41" A DISTANCE OF 149.59 FEET; THENCE SOUTH 77016'37" WEST, 503.98 FEET TO THE BEGINNING OF A 320.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 44038'51" A DISTANCE OF 249.36 FEET; THENCE SOUTH 32037'46" WEST, 985.58 FEET; THENCE SOUTH 30004'17" WEST, 76.51 FEET; THENCE LEAVING SAID NORTHERLY SIDELINE SOUTH 84011'08" WEST, 166.57 FEET; THENCE SOUTH 16023'00" EAST, 91.00 FEET; THENCE SOUTH 26000'00" WEST, 62.00 FEET; THENCE SOUTH 69014'00" WEST, 104.00 FEET; THENCE SOUTH 73013'00" WEST, 109.00 FEET; THENCE NORTH 69023'00" WEST, 82.00 FEET; THENCE NORTH 56022'00" WEST, 31.00 FEET; THENCE SOUTH 80022'00" WEST, 303.00 FEET; THENCE NORTH 62025'00" WEST, 59.00 FEET; THENCE SOUTH 63029'00" WEST, 156.00 FEET; THENCE NORTH 72056'00" WEST, 60.00 FEET; THENCE NORTH 80011 '00" WEST, 135.00 FEET; THENCE NORTH 84025'00" WEST, 169.00 FEET; THENCE NORTH 58056'00" WEST, 198.00 FEET; THENCE NORTH 78009'00" WEST, 100.00 FEET; THENCE NORTH 47034'00" WEST, 23.00 FEET; THENCE SOUTH 59030'00" WEST, 59.00 FEET; THENCE NORTH 77027'00" WEST, 52.00 FEET; THENCE NORTH 57049'00" WEST, 59.00 FEET; THENCE NORTH 77050'00" WEST, 125.00 FEET; THENCE NORTH 28005'00" WEST, 44.00 FEET; THENCE NORTH 15049'00" WEST, 65.00 FEET; PAGE 1 OF 3 :d M:\2409\O04\Legal Descrlptlons\A01 Vested Mining Rights.doc WO 2409-04 12/9/08 i~'-I5" THENCE NORTH 57045'00" WEST, 41.00 FEET; THENCE NORTH 71055'00" WEST, 29.00 FEET; THENCE NORTH 23005'00" EAST, 80.00 FEET; THENCE NORTH 57022'00" WEST, 85.00 FEET; THENCE NORTH 61009'00" WEST, 80.00 FEET; THENCE NORTH 64008'00" WEST, 77.00 FEET; THENCE NORTH 49013'00" WEST, 125.00 FEET; THENCE NORTH 54003'00" WEST, 112.00 FEET; THENCE NORTH 58053'00" WEST, 133.00 FEET; THENCE NORTH 56000'00" WEST, 323.00 FEET; THENCE NORTH 57019'00" WEST, 92.00 FEET; THENCE NORTH 54038'00" WEST, 128.00 FEET TO A POINT ON THE WESTERLY LINE OF SAID PARCEL 4; THENCE LEVING SAID WESTERLY LINE NORTH 12002'00" WEST, 126.50 FEET; THENCE NORTH 24057'00" EAST, 84.00 FEET; THENCE NORTH 18025'00" EAST, 191.12 FEET; THENCE NORTH 06020'00" EAST, 261.95 FEET; THENCE NORTH 16017'00" EAST, 35.00 FEET; THENCE SOUTH 17018'00" EAST, 111.00 FEET; THENCE NORTH 83022'00" EAST, 145.00 FEET; THENCE NORTH 87014'00" EAST, 116.00 FEET; THENCE SOUTH 28050'00" EAST, 23.00 FEET; THENCE SOUTH 10057'00" EAST, 63.04 FEET; THENCE SOUTH 64005'00" EAST, 16.46 FEET; THENCE SOUTH 64005'00" EAST, 23.50 FEET; THENCE SOUTH 88039'00" EAST, 43.00 FEET; THENCE NORTH 76059'00" EAST, 19.00 FEET; THENCE NORTH 20050'00" EAST, 107.00 FEET; THENCE SOUTH 86027'00" EAST, 42.00 FEET; THENCE SOUTH 77047'00" EAST, 54.00 FEET; THENCE SOUTH 70025'00" EAST, 55.78 FEET; THENCE SOUTH 59029'00" EAST, 45.36 FEET; THENCE NORTH 89012'00" EAST, 33.00 FEET; THENCE NORTH 47017'00" EAST, 27.00 FEET; THENCE NORTH 29007'00" EAST, 116.00 FEET; THENCE NORTH 22012'00" EAST, 132.00 FEET; THENCE NORTH 17040'00" EAST, 110.00 FEET; THENCE NORTH 10048'00" EAST, 1 06.00 FEET; THENCE NORTH 50049'00" EAST, 110.00 FEET; THENCE NORTH 38021 '00" EAST, 44.00 FEET; THENCE NORTH 24038'00" EAST, 503.00 FEET; THENCE NORTH 16044'00" EAST, 54.00 FEET; THENCE NORTH 02010'00" EAST, 35.00 FEET; THENCE NORTH 18055'00" WEST, 56.00 FEET; THENCE NORTH 26050'00" WEST, 71.00 FEET;THENCE NORTH 14014'00" WEST, 63.00 FEET; THENCE NORTH 03038'00" WEST, 133.00 FEET; THENCE NORTH 60059'00" EAST, 44.00 FEET; THENCE NORTH 37010'00" EAST, 112.00 FEET; THENCE NORTH 17012'00" EAST, 62.00 FEET; THENCE NORTH 24029'00" EAST, 94.00 FEET; THENCE NORTH 32044'00" EAST, 120.00 FEET; THENCE NORTH 35007'00" EAST, 245.00 FEET; THENCE NORTH 34014'00" EAST, 51.00 FEET; THENCE NORTH 19034'00" EAST, 45.00 FEET; THENCE NORTH 04058'00" EAST, 35.00 FEET; THENCE NORTH 07025'00" WEST, 36.00 FEET; THENCE NORTH 14045'00" WEST, .77.00 FEET; THENCE NORTH 21022'00" WEST, 191.00 FEET; THENCE NORTH 11001'00" WEST, 20.00 FEET; THENCE NORTH 04004'00" EAST, 49.00 FEET; THENCE NORTH 25022'00" EAST, 50.00 FEET; THENCE NORTH 41041'00" EAST, 25.00 FEET; THENCE NORTH 56017'00" EAST, 238.00 FEET; THENCE NORTH 42023'00" EAST, 32.00 FEET; PAGE 2 OF 3 :d M:\2409\004\Legal Descriptlons\AOl Vested Mining Rights.doc WO 2409-04 1219108 ,j-tic, THENCE NORTH 50002'00" EAST, 91.00 FEET; THENCE NORTH 36012'00" EAST, 180.00 FEET; THENCE NORTH 33022'00" EAST, 63.00 FEET; THENCE NORTH 38005'00" EAST, 146.00 FEET; THENCE NORTH 35019'00" EAST, 133.00 FEET; THENCE NORTH 50029'00" EAST, 78.00 FEET; THENCE NORTH 60001'00" EAST, 41.00 FEET; THENCE SOUTH 74023'00" EAST, 117.00 FEET; THENCE SOUTH 62052'00" EAST, 296.00 FEET; THENCE SOUTH 83001'00" EAST, 32.00 FEET; THENCE SOUTH 89004'00" EAST, 120.00 FEET; THENCE NORTH 81049'00" EAST, 109.00 FEET; THENCE NORTH 75010'00" EAST, 75.00 FEET; THENCE NORTH 67031'00" EAST, 39,00 FEET; THENCE NORTH 37023'00" EAST, 68.00 FEET; THENCE NORTH 16054'00" EAST, 42.00 FEET; THENCE NORTH 00055'00" EAST, 67.00 FEET; THENCE NORTH 30007'00" EAST, 22.00 FEET; THENCE NORTH 62041'00" EAST, 28.00 FEET; THENCE NORTH 70056'00" EAST, 57.00 FEET; THENCE NORTH 51057'00" EAST, 23.00 FEET; THENCE NORTH 38035'00" EAST, 26,00 FEET; THENCE NORTH 10032'00" WEST, 72.00 FEET; THENCE NORTH 15005'00" WEST, 114.00 FEET; THENCE NORTH 05042'00" EAST, 81.00 FEET; THENCE NORTH 43048'00" EAST, 100,00 FEET; THENCE NORTH 00001 '00" WEST, 297.00 FEET; THENCE NORTH 09024'00" WEST, 30.00 FEET; THENCE NORTH 01054'00" EAST, 57.00 FEET; THENCE NORTH 16010'00" EAST, 35,00 FEET; THENCE NORTH 26059'00" EAST, 35.00 FEET; THENCE NORTH 40054'00" EAST, 55.00 FEET; THENCE NORTH 53023'00" EAST, 25.00 FEET; THENCE NORTH 64040'00" EAST, 127.00 FEET; THENCE NORTH 57033'00" EAST, 92.00 FEET; THENCE NORTH 51054'00" EAST, 227.00 FEET; THENCE NORTH 16008'00" EAST, 88.00 FEET; THENCE NORTH 07019'00" EAST, 43.00 FEET; THENCE SOUTH 73010'00" WEST, 150.00 FEET; THENCE NORTH 84055'00" WEST, 48.67 FEET TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL 1; THENCE ALONG SAID NORTHERLY LINE NORTH 49034'01" EAST, 358.34 FEET TO THE POINT OF BEGINNING. THE HEREINABOVE PARCEL OF LAND CONTAINS 371.063 ACRES MORE OR LESS. /rY~ 4d /2.o~-2~ot3 DAVID W, AMBLER P.L.S. 7322 HUNSAKER & ASSOCIATES SAN DIEGO, INC. PAGE 3 OF 3 :d M:\2409\004\Legal Descrlpllons\A01 Vested Mining Rights.doc WO 2409-04 1 '219/08 j-t.;7 . EXHIBIT "C" ~ Q:l '" ~ 1:' ~~ ~~ o \ ..".. -- ~J;> J;> / ,,--.. - - - 'Z- 'J.~ oJ;> . Z- o '0l,-- ~--- \3" 0 .,6 4'"':1 ^' \'0 -l. - - \"" G. SAN DIEGO-CORONADO PIPELINE PER DEED TO THE CITY OF SAN OlteO IN BOOK 570, PAGE 713 RECORDED 6-24-191~ .,6 4"" -^, -if HUNSAKER & ASSOCIATES SAN DIE G 0, I H C. PlANNING 10179 Huennekens Street ENGlNE{RING San Diego, Ca gnn SURVEYING PH(858)558-4SOO' fX{aS8)SSS.141. R: \0676\l<Mop\DP M;n;ng R;ghl' SHT 01.dwg[ ]O,c-09-2008: 10: 0' W.O. 25-366A 8-48 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN INDEMNIFICATION AGREEMENT BY AND BETWEEN THE CITY OF CHULA VISTA AND RIMROCK CA LLC AND JAMES P. BALDWIN; AND APPROVING A RELINQUISHMENT OF RIGHTS AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RIMROCK CA LLC, RR QUARRY LLC, JAMES P. BALDWIN AND OT A Y V ALLEY QUARRY LLC WHEREAS, Rimrock CA LLC, RR Quarry LLC and Otay Valley Quarry LLC own and operate the Otay Ranch Pit/Rock Mountain Mine, located at the eastern terminus of Main Street and James P. Baldwin owns a portion of said property and mining operation (all referred to herein collectively as "Rimrock" unless otherwise stated); and WHEREAS, the mine was originally located within the jurisdiction of the County of San Diego ("County") and was annexed into the City ofChula Visa in 1997; and WHEREAS, the County issued Rimrock a Grading Permit (L6844), dated October 19, 1973, to conduct mining operations, however the permit did not specify the property subject to excavation but referred to the legal description on the grading plan to provide the legal description of the land under the permit; and WHEREAS, the County transferred Grading Permit L6844 to the new owners of the mining operation on August 24, 1977, which stated that the Permit was issued for a "nonconforming special use" and once again, the 1977 Grading Permit referred to the legal description on the Grading Plan to provide the legal description of the land under the 1977 Permit; and WHEREAS, the new owners provided an instrument of credit for the 1977 Grading Permit that covered the same area described on the Grading Plan referred to by the 1973 and 1977 Grading Permits (Exhibit A); and WHEREAS, on August 15, 1980, the County Planning Commission approved a Reclamation Plan for the mining operation for portions of the area identified under the 1973 and 1977 Grading Permits and in its decision affirmed that the mining operation was a legal nonconforming use; and WHEREAS, the California Surface Mining and Reclamation Act of 1976, CA Public Resource Section 2776, ("SMARA") provides that a vested right may be acquired for a mining operation if either a permit or other authorization was required for such activity and it was obtained prior to January I, 1976; or if mining was conducted without a permit, it was pursuant to an existing legal nonconforming use as of January 1, 1976; and J:\Attomey\RESOLUTIQNS\PLANNING\Vesled Rights Indemnity FINAL - JDSM Rev_12-16-08.doC '7' 'P I, .... ....,'" ,1",~ (;.;1 . ' ,. I' Resolution No. 2008- Page 2 WHEREAS, Rimrock contends that they have a vested right to mine under SMARA by the 1973 Grading Permit issued by the County and because Rimrock commenced mining operations in or around 1948; and WHEREAS, Rimrock requested that the City Council affirm the County's decision that it has a legal nonconforming use with respect to only a portion of the area covered under the 1973 and 1977 Grading Permits but is within all of the area covered under the 1980 County's Planning Commission determination of vested use; and WHEREAS, Rimrock CA LLC, RR Quarry LLC and Otay Valley LLC and James P. Baldwin have agreed to relinquish any and all vested rights they may have to operate and expand mining operations on any property other than that area shown as the "Vested Future Mining Area" on Exhibit "B" and legally described on Exhibit "c" attached to this Resolution; and WHEREAS, Rimrock CA LLC and James P. Baldwin have agreed to indemnify and hold the City harmless pursuant to the terms of that certain Indemnification Agreement, dated December 16, 2008, and referred to herein; and WHEREAS, 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, so no environmental review is necessary. NOW THEREFORE, be it resolved that the City Council approves the Relinquishment of Rights Agreement, dated December 16, 2008, by and between the City of Chula Vista and Rimrock CA LLC, RR Quarry LLC, James P. Baldwin and Otay Valley Quarry LLC. NOW THEREFORE BE IT FURTHER RESOLVED, that the City Council approves the Indemnification Agreement, dated December 16, 2008, by and between the City of Chula Vista and Rimrock CA LLC and James P. Baldwin. Presented by: Approved as to form by: Gary Halbert, AICP Director of Planning and Building ~da J:\AUomey\RESOLUTIONS\PLANNINGIVested Rights Indemnity FINAL. J05M Rev_12-16-08.doc g. l-;'() ~ "... I EXHIBIT I Limits of 1973 Grading Permit A ~.51 I EXHIBIT I Vested Future Mining Area B 9.C;1 w ....J~, EXHIBIT "e" LEGAL DESCRIPTION BEING A PORTION OF PARCELS 1,2, 3 AND 4 AND THE LAND DEPICTED AS "NOT A PART" ALL OF PARCEL MAP NO. 20264, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 01,2007. BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 1; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 1 AND SAID PARCEL 3 SOUTH 18039'03" EAST, 4334.86 FEET TO THE NORTHERLY SIDELINE OF THE SAN DIEGO - CORONADO PIPELINE AS DEEDED TO THE CITY OF SAN DIEGO IN BOOK 570, PAGE 113 OF DEEDS; THENCE LEAVING SAID EASTERLY LINE OF PARCEL 3, ALONG SAID NORTHERLY SIDELINE SOUTH 71009'11" WEST, 24.55 FEET TO THE BEGINNING OF A 320.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 23041'15" A DISTANCE OF 132.30 FEET; THENCE SOUTH 47027'56" WEST, 1010.59 FEET TO THE BEGINNING OF A 287.50 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 29048'41" A DISTANCE OF 149.59 FEET; THENCE SOUTH 77016'37" WEST, 503.98 FEET TO THE BEGINNING OF A 320.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 44038'51" A DISTANCE OF 249.36 FEET; THENCE SOUTH 32037'46" WEST, 985.58 FEET; THENCE SOUTH 30004'17" WEST, 76.51 FEET; THENCE LEAVING SAID NORTHERLY SIDELINE SOUTH 84011'08" WEST, 166.57 FEET; THENCE SOUTH 16023'00" EAST, 91.00 FEET; THENCE SOUTH 26000'00" WEST, 62.00 FEET; THENCE SOUTH 69014'00" WEST, 104.00 FEET; THENCE SOUTH 73013'00" WEST, 109.00 FEET; THENCE NORTH 69023'00" WEST, 82.00 FEET; THENCE NORTH 56022'00" WEST, 31.00 FEET; THENCE SOUTH 80'22'00" WEST, 303.00 FEET; THENCE NORTH 62025'00" WEST, 59.00 FEET; THENCE SOUTH 63029'00" WEST, 156.00 FEET; THENCE NORTH 72056'00" WEST, 60.00 FEET; THENCE NORTH 80011'00" WEST, 135.00 FEET; THENCE NORTH 84025'00" WEST, 169.00 FEET; THENCE NORTH 58056'00" WEST, 198.00 FEET; THENCE NORTH 78009'00" WEST, 100.00 FEET; THENCE NORTH 47034'00" WEST, 23.00 FEET; THENCE SOUTH 59030'00" WEST, 59.00 FEET; THENCE NORTH 77027'00" WEST, 52.00 FEET; THENCE NORTH 57049'00" WEST, 59.00 FEET; THENCE NORTH 77050'00" WEST, 125.00 FEET; THENCE NORTH 28005'00" WEST, 44.00 FEET; THENCE NORTH 15049'00" WEST, 65.00 FEET; PAGE 1 OF 3 :d M:\2409\004\Legal Descrlptlons\A01 Vested Mining Rights.doc WO 2409-04 12/9/06 9,' - t- .'3 () .:.}., THENCE NORTH 57045'00" WEST, 41.00 FEET; THENCE NORTH 71055'00" WEST, 29.00 FEET; THENCE NORTH 23005'00" EAST, 80.00 FEET; THENCE NORTH 57022'00" WEST, 85.00 FEET; THENCE NORTH 61009'00" WEST, 80.00 FEET; THENCE NORTH 64008'00" WEST, 71.00 FEET; THENCE NORTH 49013'00" WEST, 125.00 FEET; THENCE NORTH 54003'00" WEST, 112.00 FEET; THENCE NORTH 58053'00" WEST, 133.00 FEET; THENCE NORTH 56000'00" WEST, 323.00 FEET; THENCE NORTH 57019'00" WEST, 92.00 FEET; THENCE NORTH 54038'00" WEST, 128.00 FEET TO A POINT ON THE WESTERLY LINE OF SAID PARCEL 4; THENCE LEVING SAID WESTERLY LINE NORTH 12002'00" WEST, 126.50 FEET; THENCE NORTH 24057'00" EAST, 84.00 FEET; THENCE NORTH 18025'00" EAST, 191.12 FEET; THENCE NORTH 06020'00" EAST, 261.95 FEET; THENCE NORTH 16017'00" EAST, 35.00 FEET; THENCE SOUTH 17018'00" EAST, 111.00 FEET; THENCE NORTH 83022'00" EAST, 145.00 FEET; THENCE NORTH 87014'00" EAST, 116.00 FEET; THENCE SOUTH 28050'00" EAST, 23.00 FEET; THENCE SOUTH 10057'00" EAST, 63.04 FEET; THENCE SOUTH 64005'00" EAST, 16.46 FEET; THENCE SOUTH 64005'00" EAST, 23.50 FEET; THENCE SOUTH 88039'00" EAST, 43.00 FEET; THENCE NORTH 76059'00" EAST, 19.00 FEET; THENCE NORTH 20050'00" EAST, 107.00 FEET; THENCE SOUTH 86027'00" EAST, 42.00 FEET; THENCE SOUTH 77047'00" EAST, 54.00 FEET; THENCE SOUTH 70025'00" EAST, 55.78 FEET; THENCE SOUTH 59029'00" EAST, 45.36 FEET; THENCE NORTH 89012'00" EAST, 33.00 FEET; THENCE NORTH 47017'00" EAST, 27.00 FEET; THENCE NORTH 29007'00" EAST, 116.00 FEET; THENCE NORTH 22012'00" EAST, 132.00 FEET; THENCE NORTH 17040'00" EAST, 110.00 FEET; THENCE NORTH 10048'00" EAST, 1 06.00 FEET; THENCE NORTH 50049'00" EAST, 110.00 FEET; THENCE NORTH 38021 '00" EAST, 44.00 FEET; THENCE NORTH 24038'00" EAST, 503.00 FEET; THENCE NORTH 16044'00" EAST, 54.00 FEET; THENCE NORTH 02010'00" EAST, 35.00 FEET; THENCE NORTH 18055'00" WEST, 56.00 FEET; THENCE NORTH 26050'00" WEST, 71.00 FEET;THENCE NORTH 14014'00" WEST, 63.00 FEET; THENCE NORTH 03038'00" WEST, 133.00 FEET; THENCE NORTH 60059'00" EAST, 44.00 FEET; THENCE NORTH 37010'00" EAST, 112.00 FEET; THENCE NORTH 17012'00" EAST, 62.00 FEET; THENCE NORTH 24029'00" EAST, 94.00 FEET; THENCE NORTH 32044'00" EAST, 120.00 FEET; THENCE NORTH 35007'00" EAST, 245.00 FEET; THENCE NORTH 34014'00" EAST, 51.00 FEET; THENCE NORTH 19034'00" EAST, 45.00 FEET; THENCE NORTH 04058'00" EAST, 35.00 FEET; THENCE NORTH 07025'00" WEST, 36.00 FEET; THENCE NORTH 14045'00" WEST, 71.00 FEET; THENCE NORTH 21022'00" WEST, 191.00 FEET; THENCE NORTH 11001'00" WEST, 20.00 FEET; THENCE NORTH 04004'00" EAST, 49.00 FEET; THENCE NORTH 25022'00" EAST, 50.00 FEET; THENCE NORTH 41041'00" EAST, 25.00 FEET; THENCE NORTH 56017'00" EAST, 238.00 FEET; THENCE NORTH 42023'00" EAST, 32.00 FEET; PAGE 2 OF 3 :d M:\2409\004\Legal Descriptlons\A01 Vested Mining Rights.doc ~ :>. (-"'! r WO 2409-04 12/9/08 . ~ I W ,,- ~' THENCE NORTH 50002'00" EAST, 91.00 FEET; THENCE NORTH 36'12'00" EAST, 180.00 FEET; THENCE NORTH 33'22'00" EAST, 63.00 FEET; THENCE NORTH 38005'00" EAST, 146.00 FEET; THENCE NORTH 35'19'00" EAST, 133.00 FEET; THENCE NORTH 50029'00" EAST, 78.00 FEET; THENCE NORTH 60'01'00" EAST, 41.00 FEET; THENCE SOUTH 74023'00" EAST, 117.00 FEET; THENCE SOUTH 62052'00" EAST, 296.00 FEET; THENCE SOUTH 83001'00" EAST, 32.00 FEET; THENCE SOUTH 89004'00" EAST, 120.00 FEET; THENCE NORTH 81049'00" EAST, 109.00 FEET; THENCE NORTH 75010'00" EAST, 75.00 FEET; THENCE NORTH 67031'00" EAST, 39.00 FEET; THENCE NORTH 37023'00" EAST, 68.00 FEET; THENCE NORTH 16054'00" EAST, 42.00 FEET; THENCE NORTH 00055'00" EAST, 67.00 FEET; THENCE NORTH 30007'00" EAST, 22.00 FEET; THENCE NORTH 62041'00" EAST, 28.00 FEET; THENCE NORTH 70056'00" EAST, 57.00 FEET; THENCE NORTH 51057'00" EAST, 23.00 FEET; THENCE NORTH 38035'00" EAST, 26.00 FEET; THENCE NORTH 10032'00" WEST, 72.00 FEET; THENCE NORTH 15005'00" WEST, 114.00 FEET; THENCE NORTH 05042'00" EAST, 81.00 FEET; THENCE NORTH 43048'00" EAST, 100.00 FEET; THENCE NORTH 00001 '00" WEST, 297.00 FEET; THENCE NORTH 09024'00" WEST, 30.00 FEET; THENCE NORTH 01054'00" EAST, 57.00 FEET; THENCE NORTH 16010'00" EAST, 35.00 FEET; THENCE NORTH 26059'00" EAST, 35.00 FEET; THENCE NORTH 40054'00" EAST, 55.00 FEET; THENCE NORTH 53023'00" EAST, 25.00 FEET; THENCE NORTH 64040'00" EAST, 127.00 FEET; THENCE NORTH 57033'00" EAST, 92.00 FEET; THENCE NORTH 51054'00" EAST, 227.00 FEET; THENCE NORTH 16008'00" EAST, 88.00 FEET; THENCE NORTH 07019'00" EAST, 43.00 FEET; THENCE SOUTH 73010'00" WEST, 150.00 FEET; THENCE NORTH 84055'00" WEST, 48.67 FEET TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL 1; THENCE ALONG SAID NORTHERLY LINE NORTH 49034'01" EAST, 358.34 FEET TO THE POINT OF BEGINNING. THE HEREINABOVE PARCEL OF LAND CONTAINS 371.063 ACRES MORE OR LESS. /~~ ad /2'o~'2~ot3 DAVID W. AMBLER P.L.S. 7322 HUNSAKER & ASSOCIATES SAN DIEGO, INC. PAGE 3 OF 3 :d M:\2409\004\Legal DescriptionsV\01 Vested Mining Rights.doc 8 t- f'" WO 2409-04 12/9/08 - . "/"") ....."". -~- . EXHIBIT "C" N \:P III ~ !;1 ~Ik ~~ o \ '?' -- ~');> '9 / '\1-- - - - :z. '}:1 0'9 c :z. o \:P,\ \-0 ~ IJ:l 0 ./J 41J -') N -4. - - N o SAN D/tGO-CORONADO PIPfLlNt PtR OttO TO THt CITY OF SAN DlteO IN BOOK 570. PACt 113 RtCORDtD 6-24-191~ - ^ A"..<! :JA? <;,/ ~ HUNSAKER & ASSOCIATES SAN 0 I EGO, 1101 C. PlANNING 1I)m Huennekem Stlee! ENGINEERING San DIego, Ca M121 SURVff1NG PH(8S8)sS8-4500. fX(858)s5801414 ,"'. .~ R: \0676\l<Mop\lJP M;n;ng R;ghls SHT 01.dwg( ]0,,-09-2008: 10: 01 W,O. 25-366A tJ> THE A TT ACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL ( i , ,I /~~7t~A Dated: 12//6/ ()ei. I - Indemnification Agreement by and between Rimrock CA LLC, James P. Baldwin, and the City of Chula Vista 'I""J " -,--') ',," 1 " RECORDING REQUEST BY: City Clerk WHEN RECORDED MAIL TO: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 Above Space for Recorder's Use INDEMNIFICATION AGREEMENT This Indemnification Agreement ("Agreement") is entered into to be effective as of December 16,2008, by and between Rimrock CA LLC, a Delaware limited liability company, and James P. Baldwin, an individual (referred to herein collectively as "Rimrock") and the City of Chula Vista, a California municipal corporation and charter city ("City"). RECITALS A. Rimrock owns an interest in the real property located in the City as more particularly described and shown on Exhibit "A" (the "Property"), which is located within a master planned community commonly known as the Otay Ranch Project. B. Rimrock owns and operates the Otay Ranch PitIRock Mountain Mine ("Mine") located on the Property at the eastern terminus of Main Street, within the City. C. The Property was originally located within the jurisdiction of the County of San Diego ("County") and was annexed into the City in 1997. D. Rimrock contends that it has a vested right to operate and expand its mmmg operations within portions of the Property, described as the "Vested Future Mining Area" on Exhibit "B". E. Rimrock has provided the City with the following information, along with other evidence, to substantiate its claim that it has a legal non-conforming use to operate a mine within the Future Mining Area: · On October 19, 1973, the County issued Grading Permit L6844 to conduct mining operations. The Grading Permit did not specify the property subject to excavation but referred to a grading plan to provide the legal description of the land under the permit. The Grading Plan was also designated L6844. ~-S8 · In 1977, Grading Permit L6844 was transferred to the new owners of the mining operations. The re-issued grading permit, dated August 24, 1977, stated that it was issued for a "nonconforming special use." Once again, the 1977 Grading Permit referred to the Grading Plan to provide the legal description of the land under the 1977 Permit. New security was posted for the 1977 Grading Permit which covered the same property described in the Grading Plan for the 1973 and 1977 Grading Permits. · On August 15, 1980, the County's Planning Commission approved a Reclamation Plan for the mining operations. In its decision, the Planning Commission confirmed that the mining operation was a legal nonconforming use and the Reclamation Plan described the property to which the Reclamation Plan applied, which property description included all of the Vested Future Mining Area. F. Rimrock has requested that the City affirm the County's determination that it has a vested mining right to operate and expand its mining operations within the Vested Future Mining Area in order to provide clarity with respect to its rights to mine within the Vested Future Mining Area. H. The City considered Rimrock's request to affirm the County's determination that it has a vested mining right to operate and expand its mining operations within the Vested Future Mining Area in order to provide Rimrock with clarity with respect to said rights. NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Rimrock and City agree as follows: ARTICLE 1 Indemnification 1.1. Indemnification. Rimrock, jointly and individually, (jointly referred to in this Article as "Indemnitor") shall solely and jointly be responsible to defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against any and all claims, causes of action, demands, suits, actions or proceedings, judicial or administrative, for writs, orders, injunction or other relief, damages, liability, cost and expense (including, without limitation, attorneys' fees) arising out of, connected with or incidental to the City's actions in affirming the County's determination with respect to its vested rights as a legal nonconforming use or from any and all City action, conduct or matter arising therefrom or related thereto. 1.2. Defense. Indemnitor's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents or employees in defending against such claims, whether the same proceed to judgment or not. Further, Indemnitor, at its own expense, shall upon written request by the City, defend any such suit or action brought against the City, its officers, agents or employees. Upon Indemnitee exercising such option to tender a defense, Indemnitee shall reasonably cooperate in the defense of such action. At its sole discretion, the City may participate, at its own expense, in the defense of any such action, but 2 g r-q r' , ~ \.... ,,)'. such participation shall not relieve Indemnitor of any obligation imposed by this Agreement. If the City decides not to tender its defense to Indemnitor, City and Indemnitor each agree to reasonably cooperate with each other in the defense of such action. City shall have the right to propose to end litigation by settlement. City agrees to notify the Indemnitor of its desire to settle. Each party shall cooperate in good faith in any said settlement negotiations. Notwithstanding the foregoing, the City shall have the to settle with respect to its involvement in any such litigation provided however the Indemnitor may continue to pursue its rights as a party to the litigation and Indemnitor shall have the same obligations to indemnify the City pursuant to this paragraph. In no event however, shall the City have the right to enter into a settlement agreement that would specifically give up any property right or vested right owned by Indemnitor or its related entities without Indemnitor's written approval. Nothing herein shall obligate the City to grant or exercise its discretion on any matter which the City has a right to exercise such discretion, in order to implement the terms and conditions of a settlement agreement. ARTICLE 2 ARTICLE 2 General Provisions 2.1. Governing Law. This Agreement shall be governed and construed in accordance with the laws ofthe State of California. 2.2. Effective Date. The terms and conditions of this Agreement shall be effective as of December 16, 2008, or the date this Agreement is approved by the City Council of Chula Vista, whichever is later. 2.3. Counteroarts. This Agreement may be executed in any number of counterparts each of which shall be original and all of which shall constitute one and the same document. 2.4. Entire Agreement. This Agreement embodies the entire agreement and understanding between the parties regarding the subject matter hereof, and any and all prior or contemporaneous oral or written representations, agreements, entitlements, understandings and/or statements shall be of no force and effect. 2.5. Exhibits. The attached exhibits are incorporated by reference into this Agreement. 2.6. Authoritv of Signatories. Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions and/or actions or agreements have been taken so as to enable said signatory to enter into this Agreement on behalf of and to bind the real property owners for which this Agreement shall be recorded against. SIGNATURE PAGE TO THE IDEMNIFICATION AGREEMENT 3 ~ /' r' () ~ if'~) IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first set forth above. Dated: CITY OF CHULA VISTA By: Cheryl Cox Mayor Attest: By: Donna Norris City Clerk Approved as to Form: By: Bart C. Miesfeld City Attorney Dated: \7, \ \ ':) \ ( -,'~; RIMROCK CA, LLC . /; By: sir. ,,/- ) /<, L/ (j Dated: \ Sl-hc,\cr: JAMES P. BALDWIN By: (/,./'/<; / /! \ (/ LIST OF EXHIBITS Exhibit A Exhibit B The Property (Legal Description) Vested Future Mining Area (Legal Description) 4 8-~1 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT C<'.c<'.e<'.c<'..e<'.c<'.c<'.c<'.c<'.c<',('X'.e(.'..c<'..c(',.cc,cc..(';i('..c<"..e<'..Q('crA'5C-6<'A-X'..c<"..b<'..c<'..c<'.o<"..c<'..b<'.<'X"'.c<'.c<".&'..c<'..c<'.c<".,o('..G<'.c<'.c<'.c<'.C<'.c<'...e<'.d State of California ,""\,., County of l )ii--\\!"':., rL- , On \)'('~ll\\Jiill'--i IJiY<{ before me, Dale } personally appeared IL - , \f\ln"rr....... ~ TERESA LYNN MORGAN . Commlulon 111730036 J ,.. Notary I'ubIlc . Calffornla f J Orange County - . - . - - .MJ~_~~.201_1 J who proved to me on the basis of satisfactory evidence to be the person~) whose name(?l' isla~ subscribed to the within instrument and acknowledge9 to me that he/~e/th/y executed the same in hislh,er/th,efr authorized capacity(~, and that by hislhir/t~r signature(s) on the instrument the person(?l', or the entity upon behalf of which the person(!lY acted, executed the instrument. I I certify under PENALTY OF PERJURY under the iaws of the State of California that the foregoing paragraph is true and correct. Place NotafySealAbol/8 Signature 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 Bnd reattachment of this form to anorher document. Description of Attached Document 1 "'. Tille or Type of Document: I {\ Dr ,1\1\ \ hl.A\ If .(\ Document Date:'\)c( '<i ,,,,,\-"j:., \" r , )-rt. '? " -~ \$.\(";1"; ",,<; iZ\- , Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name3f'\t\\ \ c:., $, \:-)1\ "'ll' ',1\ 'XJ11dividual .-, , , )4''"Corporate Officer - Title(s): hiV\L:r; ,\ l-- Partner - -.= Limited I I General 'I Attorney in Fact l.J Trustee r-. Guardian or Conservator I.. Other: Top oflhl.lmb her(l Signer's Name: n Individual ::; Corporale Officer - Tille(s): I .1 Partner - U Limited r I General U Attorney in Fact ~ Trustee U Guardian or Conservator nOther: . Top 01 tt1Umb here Signer Is Representing: Signer Is Representing: ~~"""',&"lM,;.'-X..>,,^,,^,~~~~'!o1\.~'-'V",;;V~~~~'ioN~~"""""''-'V~~'--V~~'~.;~':;'''''~~~~~~~~~~~~''(;( 02007 National Notary As$Ociabon. 9350 De SOlo Ave., PO eo..: 2402 .Chatswortil, CA 91313-2402- www.NaliooalNotary.OI.\.Illem .5907 Reorder:Call ToM.-Free 1-&10-816-88:17 ':. ! ~l 'cl .' (,' pi . \ IV\ --\- \ ---- - - \.--- - -\ \ - - - \ \ \ \ \ '" s;: ~ ~ ;;.~ ~~ - ....- \ \ \ \ \ \ - \ I~'2 HUNSAKER & ASSOCIATES EXHIBIT "A" \ \ 80 SAN 0 r [ C 0, IN C. \ \ \ \ \ \ \ \ r>\.-lO _ IANV:,- - 'I ?'5-- - rl -( A - - I B'2D 0_ - - NO~ - MAP \ 88 I \ .i~0 8'2 rJ[) 00 rIP' 00 rJ I~ 0 - \ - - - - - \ I ~..-'\ r> A - \ 'cr' 81 \ \ - \ \ I I I \ \" M~ - - 1..-- V !If) \ I \ - \-- - PlAN",NG 9707 Waples Sheet ENQNHRINC S.n DiceD, CI. 92121 $URVfYINC PH(85S)558-4SOO. FX(aS8)SS& 1.1. R, \0676\,""p\DP ~ining Rights Exhibit D SHT 01.dwg[)lec-I5-2008, 1:; 10 W.O. 25-J66A "3 ~.~"" - - - EXHIBIT "A" LEGAL DESCRIPTION LOTS 32, 33, 34, 35, 36,37,38,39,4243 OF THE OTAY RANCH, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 862, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 7, 1900. EXCEPTING THEREFROM THAT PORTION OF SAID LOTS 34, 35, AND 36, CONVEYED BY SAN DIEGO LAND COMPANY TO THE SOUTHERN CALIFORNIA MOUNTAIN WATER COMPANY, BY DEED DATED APRIL 11, 1912 AND RECORDED JUNE 24, 19121N BOOK 570, PAGE 113 OF DEEDS. ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LOTS 39, 42, AND 43 DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF FRACTIONAL SECTION 17, TOWNSHIP 18 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN SAID SAN DIEGO COUNTY, ACCORDING TO LICENSED SURVEYOR'S MAP THEREOF NO. 275, A PLAT OF WHICH IS FILED IN THE OFFICE OF THE COUNTY RECORDER NOVEMBER 5,1936; THENCE ALONG THE SOUTHERLY LINE OF SAID FRACTIONAL SECTION 17, SOUTH 88'55'00" EAST, A DISTANCE OF 2,071.03 FEET (2,074.27 PER SAID LICENSED SURVEYOR'S MAP NO. 275) TO A POINT ON THE WESTERLY BOUNDARY OF SAID OTA Y RANCH, SAID POINT BEING ALSO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHERLY LINE, NORTH 19'00'00" WEST, ALONG SAID WESTERLY BOUNDARY, A DISTANCE OF 2,893.65 FEET (2,893.04 FEET PER SAID LICENSED SURVEYOR'S MAP NO. 275) TO THE MOST NORTHERLY NORTHEAST CORNER OF THAT LAND DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED APRIL 16, 1962 AS FILE NO. 64315 OF OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE CONTINUING ALONG SAID WESTERLY BOUNDARY NORTH 19'00'00" WEST, A DISTANCE OF 741.41 FEET; THENCE LEAVING SAID WESTERLY BOUNDARY, NORTH 74'23'37" EAST, A DISTANCE OF 3,829.24 FEET; THENCE SOUTH 02'44'38" EAST, A DISTANCE OF 2,922.46 FEET; THENCE SOUTH 59'39'21" WEST, A DISTANCE OF 3,064.30 FEET TO THE TRUE POINT OF BEGINNING. PAGE 1 OF 3 :d M:\2409\004\Legal Descriptioos\a02 Net of 73 grading permit.doc WO 2409-4 12/15/08 gP~~ ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LOT 43 DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF FRACTIONAL SECTION 20, TOWNSHIP 18 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, AS SHOWN ON OTAY INDUSTRIAL PARK, MAP NO. 8147, FILED IN THE OFFICE OF THE COUNTY RECORDER; THENCE ALONG THE EASTERLY LINE OF SAID FRACTIONAL SECTION 20, BEING ALSO THE WESTERLY BOUNDARY LINE OF SAID OTAY RANCH. NORTH 18037'06" WEST 650.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID RANCH BOUNDARY NORTH 71022'54" EAST 55.00 FEET; THENCE NORTH 18037'06" WEST, PARALLEL WITH SAID RANCH BOUNDARY LINE 200.00 FEET; THENCE SOUTH 71 "22'54" WEST 55.00 FEET TO SAID RANCH BOUNDARY LINE; THENCE ALONG SAID LINE SOUTH 18"37'06" EAST 200.00 FEET TO SAID POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LOT 43 DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY OTAY RANCH BOUNDARY DISTANT SOUTH 18"37'10" EAST 499.12 FEET ALONG SAID OTAY RANCH BOUNDARY FROM THE SOUTHEAST CORNER OF LOT 17 OF MAP NO. 8147; THENCE LEAVING SAID OTAY RANCH BOUNDARY EASTERLY ALONG A NON-TANGENT CURVE, CONCAVE SOUTHERLY AND HAVING A RADIUS OF 157.00 FEET, A RADIAL TO SAID POINT BEARS NORTH 34056'19" WEST; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 49"41'39" AN ARC LENGTH OF 136.17 FEET; THENCE TANGENT TO SAID CURVE SOUTH 75"14'40" EAST 179.58 FEET; THENCE SOUTH 14045'20" WEST 62.00 FEET; THENCE NORTH 75014'40" WEST 45.61 FEET TO THE BEGINNING OF A TANGENT 95.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 107'28'43" A LENGTH OF 178.21 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 44 OF OTAY RANCH; THENCE DEPARTING THE ARC OF SAID CURVE NON-RADIALLY SOUTH 71 "58'08" WEST 9.63 FEET ALONG THE NORTHERLY LINE OF SAID LOT 44 TO THE EASTERLY LINE OF THAT EASEMENT FOR COUNTY HIGHWAY RECORDED APRIL 9,1979 AS FILE NO. 79- 144675 OF OFFICIAL RECORDS; THENCE NORTH 18"37'10" WEST 78.39 FEET ALONG PAGE 2 OF 3 ;d M:\2409\004\legal Oescnptions\a02 Net of 73 grading permit.doc WO 2409-4 12/10lOR ~ ; " ~) -~:J THE EASTERLY LINE OF SAID EASEMENT FOR COUNTY HIGHWAY; THENCE SOUTH 71 '22'50" WEST 55.00 FEET ALONG THE NORTHERLY LINE OF SAID EASEMENT FOR COUNTY HIGHWAY TO A POINT OF INTERSECTION WITH SAID RANCH BOUNDARY; THENCE ALONG SAID RANCH BOUNDARY NORTH 18'37'10" WEST 119.86 FEET TO THE POINT OF BEGINNING. PAGE 3 OF 3 V.'. -,~ i:.. :d M:\2409\004\Legal Oescriptions\a02 Net of 73 grading permtdoc t) ........ ..." 1M'" ')A..,'" A ~""'~~/^n EXHIBIT "B" Vl ~ r- ~ ~~ ~~ N \1~ Q , -;7 "->. ~)/ '9-<.. ""'"Q - - 7' '}J. 0'9 , 'Z () m I- N- \1~ 0 ./)> 4~ /'oj \.~ -.\. - N t):. SAN DIEGO-CORONADO PIPELINE PER DEED TO THE CITY OF SAN DIEGO IN BOOK 570, PAGE 113 RECORDED 6-24-1912. .,0 /1 --J~ J _/ -,. . HUNSAKER & ASSOCIATES S A ill 0 I f C 0, IN C. PlANNING '1707 WiIp\e5 5tJeet ENQNEERINC SNl Diego, Ci 92121 SURViYING PH(85aI5~-4S00' fX/8S81558.1414 ) ,> .'0 R: \0676\tiIop\a:' Mining Rights Exhibit A. SHT 01.dW(!rlOec-15-200a 15: 08 W,O. 25-356A ( ,,~ EXHIBIT "B" LEGAL DESCRIPTION BEING A PORTION OF PARCELS 1, 2, 3 AND 4 AND THE LAND DEPICTED AS "NOT A PART" ALL OF PARCEL MAP NO. 20264, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 01,2007. BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 1; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 1 AND SAID PARCEL 3 SOUTH 18039'03" EAST, 4334.86 FEET TO THE NORTHERLY SIDELINE OF THE SAN DIEGO - CORONADO PIPELINE AS DEEDED TO THE CITY OF SAN DIEGO IN BOOK 570, PAGE 113 OF DEEDS; THENCE LEAVING SAID EASTERLY LINE OF PARCEL 3, ALONG SAID NORTHERLY SIDELINE SOUTH 71009'11" WEST, 24.55 FEET TO THE BEGINNING OF A 320.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 23041'15" A DISTANCE OF 132.30 FEET; THENCE SOUTH 47027'56" WEST, 1010.59 FEET TO THE BEGINNING OF A 287.50 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 29048'41" A DISTANCE OF 149.59 FEET; THENCE SOUTH 77'16'37" WEST, 503.98 FEET TO THE BEGINNING OF A 320.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 44038'51" A DISTANCE OF 249.36 FEET; THENCE SOUTH 32037'46" WEST, 985.58 FEET; THENCE SOUTH 30004'17" WEST, 76.51 FEET; THENCE LEAVING SAID NORTHERLY SIDELINE SOUTH 84011 '08" WEST, 166.57 FEET; THENCE SOUTH 16023'00" EAST, 91.00 FEET; THENCE SOUTH 26000'00" WEST, 62.00 FEET; THENCE SOUTH 69014'00" WEST, 104.00 FEET; THENCE SOUTH 73013'00" WEST, 109.00 FEET; THENCE NORTH 69023'00" WEST, 82.00 FEET; THENCE NORTH 56022'00" WEST, 31.00 FEET; THENCE SOUTH 80022'00" WEST, 303.00 FEET; THENCE NORTH 62025'00" WEST, 59.00 FEET; THENCE SOUTH 63029'00" WEST, 156.00 FEET; THENCE NORTH 72056'00" WEST, 60.00 FEET; THENCE NORTH 80011'00" WEST, 135.00 FEET; THENCE NORTH 84025'00" WEST, 169.00 FEET; THENCE NORTH 58'56'00" WEST, 198.00 FEET; THENCE NORTH 78009'00" WEST, 100.00 FEET; THENCE NORTH 47034'00" WEST, 23.00 FEET; THENCE SOUTH 59030'00" WEST, 59.00 FEET; THENCE NORTH 77027'00" WEST, 52.00 FEET; THENCE NORTH 57049'00" WEST, 59.00 FEET; THENCE NORTH 77050'00" WEST, 125.00 FEET; THENCE NORTH 28'05'00" WEST, 44.00 FEET; THENCE NORTH 15049'00" WEST, 65.00 FEET; PAGE 1 OF3 8-1' 0 :d M:\2409\004\LeQal Descriotions'A01 Vested Minino Riohts_dor: tp 0 THENCE NORTH 57045'00" WEST, 41.00 FEET; THENCE NORTH 71055'00" WEST, 29.00 FEET; THENCE NORTH 23005'00. EAST, 80.00 FEET; THENCE NORTH 57022'00" WEST, 85.00 FEET; THENCE NORTH 61009'00" WEST, 80.00 FEET; THENCE NORTH 64008'00" WEST, 77.00 FEET; THENCE NORTH 49013'00" WEST, 125.00 FEET; THENCE NORTH 54003'00" WEST, 112.00 FEET; THENCE NORTH 58053'00" WEST, 133.00 FEET; THENCE NORTH 56000'00" WEST, 323.00 FEET; THENCE NORTH 57019'00" WEST, 92.00 FEET; THENCE NORTH 54038'00" WEST, 128.00 FEET TO A POINT ON THE WESTERLY LINE OF SAID PARCEL 4; THENCE LEVING SAID WESTERLY LINE NORTH 12002'00" WEST, 126.50 FEET; THENCE NORTH 24057'00" EAST, 84.00 FEET; THENCE NORTH 18025'00" EAST. 191.12 FEET; THENCE NORTH 06020'00" EAST, 261.95 FEET; THENCE NORTH 16017'00" EAST, 35.00 FEET; THENCE SOUTH 17018'00" EAST, 111.00 FEET; THENCE NORTH 83022'00" EAST, 145.00 FEET; THENCE NORTH 87014'00" EAST, 116.00 FEET; THENCE SOUTH 28050'00" EAST, 23.00 FEET; THENCE SOUTH 10057'00. EAST, 63.04 FEET; THENCE SOUTH 64005'00" EAST, 16.46 FEET; THENCE SOUTH 64005'00" EAST, 23.50 FEET; THENCE SOUTH 88039'00" EAST, 43.00 FEET; THENCE NORTH 76059'00" EAST, 19.00 FEET; THENCE NORTH 20050'00" EAST, 107.00 FEET; THENCE SOUTH 86027'00" EAST, 42.00 FEET; THENCE SOUTH 77047'00" EAST, 54.00 FEET; THENCE SOUTH 70025'00" EAST, 55.78 FEET; THENCE SOUTH 59029'00" EAST, 45.36 FEET; THENCE NORTH 89012'00" EAST, 33.00 FEET; THENCE NORTH 47017'00" EAST, 27.00 FEET; THENCE NORTH 29007'00. EAST, 116.00 FEET; THENCE NORTH 22012'00" EAST, 132.00 FEET; THENCE NORTH 17040'00" EAST, 110.00 FEET; THENCE NORTH 10048'00" EAST, 106.00 FEET; THENCE NORTH 50049'00" EAST, 110.00 FEET; THENCE NORTH 38021'00" EAST, 44.00 FEET; THENCE NORTH 24038'00" EAST, 503.00 FEET; THENCE NORTH 16044'00" EAST, 54.00 FEET; THENCE NORTH 02010'00. EAST, 35.00 FEET; THENCE NORTH 18055'00" WEST, 56.00 FEET; THENCE NORTH 26050'00" WEST, 71.00 FEET;THENCE NORTH 14014'00. WEST, 63.00 FEET; THENCE NORTH 03038'00" WEST, 133.00 FEET; THENCE NORTH 60059'00" EAST, 44.00 FEET; THENCE NORTH 37010'00. EAST, 112.00 FEET; THENCE NORTH 17012'00" EAST, 62.00 FEET; THENCE NORTH 24029'00" EAST, 94.00 FEET; THENCE NORTH 32044'00" EAST, 120.00 FEET; THENCE NORTH 35007'00" EAST, 245.00 FEET; THENCE NORTH 34014'00" EAST, 51.00 FEET; THENCE NORTH 19034'00. EAST, 45.00 FEET; THENCE NORTH 04058'00" EAST, 35.00 FEET; THENCE NORTH 07025'00. WEST, 36.00 FEET; THENCE NORTH 14045'00" WEST, 77.00 FEET; THENCE NORTH 21022'00" WEST, 191.00 FEET; THENCE NORTH 11001'00" WEST, 20.00 FEET; THENCE NORTH 04004'00" EAST, 49.00 FEET; THENCE NORTH 25022'00" EAST, 50.00 FEET; THENCE NORTH 41041'00. EAST, 25.00 FEET; THENCE NORTH 56017'00" EAST, 238.00 FEET; THENCE NORTH 42023'00" EAST, 32.00 FEET; PAGE 2 OF 3 :d M:\2409\004\Legal Descriptions\A01 Vested Mining Rights.doc 'r'" . ~, ) ,;,~ . THENCE NORTH 50002'00" EAST, 91.00 FEET; THENCE NORTH 36012'00" EAST, 180.00 FEET; THENCE NORTH 33022'00" EAST, 63.00 FEET; THENCE NORTH 38005'00" EAST, 146.00 FEET; THENCE NORTH 35019'00" EAST, 133.00 FEET; THENCE NORTH 50029'00" EAST, 78.00 FEET; THENCE NORTH 60001'00" EAST, 41.00 FEET; THENCE SOUTH 74023'00" EAST, 117.00 FEET; THENCE SOUTH 62052'00" EAST, 296.00 FEET; THENCE SOUTH 83001'00" EAST, 32.00 FEET; THENCE SOUTH 89004'00" EAST, 120.00 FEET; THENCE NORTH 81049'00" EAST, 109.00 FEET; THENCE NORTH 75010'00" EAST, 75.00 FEET; THENCE NORTH 67031'00" EAST, 39.00 FEET; THENCE NORTH 37023'00" EAST, 68.00 FEET; THENCE NORTH 16054'00. EAST, 42.00 FEET; THENCE NORTH 00055'00" EAST, 67.00 FEET; THENCE NORTH 30007'00" EAST, 22.00 FEET; THENCE NORTH 62041 '00" EAST, 28.00 FEET; THENCE NORTH 70056'00" EAST, 57.00 FEET; THENCE NORTH 51057'00" EAST, 23.00 FEET; THENCE NORTH 38035'00" EAST, 26.00 FEET; THENCE NORTH 10032'00. WEST, 72.00 FEET; THENCE NORTH 15005'00" WEST, 114.00 FEET; THENCE NORTH 05042'00" EAST, 81.00 FEET; THENCE NORTH 43048'00" EAST, 100.00 FEET; THENCE NORTH 00001'00. WEST, 297.00 FEET; THENCE NORTH 09024'00" WEST, 30.00 FEET; THENCE NORTH 01054'00" EAST, 57.00 FEET; THENCE NORTH 16010'00" EAST, 35.00 FEET; THENCE NORTH 26059'00" EAST, 35.00 FEET; THENCE NORTH 40054'00" EAST, 55.00 FEET; THENCE NORTH 53023'00" EAST, 25.00 FEET; THENCE NORTH 64040'00. EAST, 127.00 FEET; THENCE NORTH 57033'00" EAST, 92.00 FEET; THENCE NORTH 51054'00" EAST, 227.00 FEET; THENCE NORTH 16008'00" EAST, 88.00 FEET; THENCE NORTH 07019'00. EAST, 43.00 FEET; THENCE SOUTH 73010'00" WEST, 150.00 FEET; THENCE NORTH 84055'00" WEST, 48.67 FEET TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL 1; THENCE ALONG SAID NORTHERLY LINE NORTH 49034'01" EAST, 358.34 FEET TO THE POINT OF BEGINNING. THE HEREINABOVE PARCEL OF LAND CONTAINS 371.063 ACRES MORE OR LESS. PAGE30F3 8 70 :d M:\2409\004\Legal Descriptions\A01 Vested Mining Rights.doc ... I WQ 2409-04 12/15/08 THE A TT ACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL I "-~_.-.._.. --'\ , ! Dated: /1/ s;lo~ Relinquishment of Rights Agreement by and between Rimrock CA, LLC, RR Quarry LLC, Otay Valley Quarry LLC, James P. Baldwin, and the City ofChula Vista 'g-" . RECORDING REQUEST BY: City Clerk WHEN RECORDED MAIL TO: CITYOFCHULA VISTA i I i I 276 Fourth A venue Chula Vista, CA 91910 Above Space for Recorder'. Use RELlNQmSHMENT OF VESTED RIGHTS AGREEMENT This Relinquishment of Rights Agreement ("Agreement") is entered into to be effective as of December 16, 2008, by and between Rimrock CA, LLC, a Delaware limited liability company, RR Quarry LLC, a Delaware limited liability company, Otay Valley Quarry LLC, a Delaware limited liability company and James P. Baldwin, an individual (referred to herein collectively as "Rimrock") and the City of Chula Vista, a California charter city and municipal corporation ("City"). RECITALS A. Rimrock owns the real property located in the City as more particularly described and shown on Exhibit "A" (the "Property"), which is located within a master planned community commonly known as the Otay Ranch Project. B. Rimrock owns and operates the Otay Ranch Pit/Rock Mountain Mine ("Mine") located on the Property at the eastern terminus of Main Street, within the City. C. The Property was originally located within the jurisdiction of the County of San Diego ("County") and was annexed into the City in 1997. D. Rimrock contends that it has a vested right to operate and expand its m1010g operations within portions of the Property, described as the "Vested Future Mining Area" on Exhibit "B". E. Rimrock has provided the City with the following information, along with other evidence, to substantiate its claim that it has a legal non-conforming use to operate a mine within the Future Mining Area: . On October 19, 1973, the County issued Grading Permit L6844 to conduct mining operations. The Grading Permit did not specify the property subject to excavation but referred to a grading plan to provide the legal description of the land under the permit. The Grading Plan was also designated L6844. ,,') x- '1 e>-. . In 1977, Grading Permit L6844 was transferred to the new owners of the mining operations. The re-issued grading permit, dated August 24, 1977, slated that it was issued for a "nonconforming special use." Once again, the 1977 Grading Permit referred to the Grading Plan to provide the legal description of the land under the 1977 Permit. New security was posted for the 1977 Grading Permit which covered the same property described in the Grading Plan for the 1973 and 1977 Grading Permits. . On August 15, 1980, the County's Planning Commission approved a Reclamation Plan for the mining operations. In its decision, the Planning Commission confirmed that the mining operation was a legal nonconforming use and the Reclamation Plan described the property to which the Reclamation Plan applied, which property description included all of the Vested Future Mining Area. F. Rimrock has requested that the City affirm the County's determination that it has a vested mining right to operate and expand its mining operations within the Vested Future Mining Area in order to provide clarity with respect to its rights to mine within the Vested Future Mining Area. G. The City conoidered Rimrock's request to affirm the County's determination that it has a vested mining right to operate and expand its mining operations within the Vested Future Mining Area in order to provide Rimrock with clarity with respect to said rights. NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Rimrock and City agree as follows: ARTICLE I Relinquishment of Rights 1.1. Relinauishment of RilZhts. Rimrock agrees to waive and relinquish any claims to vested rights it may have as a legal nonconforming use to operate and expand mining operationo or any other related activities, including operating a quarry or processing plant within any portion of the Property other than that portion described as the Vested Future Mining Area on Exhibit "B". 1.2. General Release. Rimrock acknowledges the risk that, subsequent to the execution of this Agreement, claims which were unknown or unanticipated may be discovered, incurred or suffered, including but without limitation, unknown or unanticipated claims which if known may have materially affected the decision to enter into this Agreement. Rimrock nonetheless desires to enter into this Agreement and hereby waives, relinquishes and discharges any such claim, and waives, relinquishes and discharges all rights under Section 1542 of the Civil Code of California. It is further understood and agreed that all rights under Section 1542 of the Civil Code of California and any similar law of any state or territory of the United States or other jurisdiction are hereby expressly waived. Said section reads as follows: 2 '6-13 1542. GENERAL RELEASE - CLAIMS EXTINGUISHED. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MA TERlALL Y AFFECTED HIS SETTLEMENT WITH THE DEBTOR. ARTICLE 2 General Provisions 2.1. Govemimz Law. This Agreement shall be governed and construed in accordance with the laws of the State ofCalifomia. 2.2. Effective Date. The terms and conditions of this Agreement shall be effective as of December 16, 2008, or the date this Agreement is approved by the City Council of Chula Vista, whichever is later. 2.3. Counteroarts. This Agreement may be executed in any number of counterparts each of which shall be original and all of which shall constitute one and the same document. 2.4. Entire AlZreement. This Agreement embodies the entire agreement and understanding between the parties regarding the subject matter hereof, and any and all prior or contemporaneous oral or written representations, agreements, Entitlements, understandings and/or statements shall be of no force and effect. 2.5. Exhibits. The attached exhibits and Diagrams are incorporated by reference into this Agreement. 2.6. Authoritv of Sil!Jlatories. Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions and/or actions or agreements have been taken so as to enable said signatory to enter into this Agreement on behalf of and to bind the real property owners for which this Agreement shall be recorded against. SIGNATURE PAGE TO THE RELINQUISHMENT AGREEMENT 3 '1.1 W C,I ; f IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first set forth above. Dated: Attest: By: CITY OF CHULA VISTA By: Cheryl Cox Mayor Donna Noms City Clerk Approved as to Fonn: By: Dated: Dated: Bart C. Miesfeld City Attorney I J..)h It crJ RIMROCK CA, LLC , / By;C~ F' ( / I .. 1./ .." '-. .r I, I ' . r~. / <. ,-;, . - I i ?/IS lei RR QUARRY LLC By: /(/ .'- ./j,.lkj; <C ( 4 t"" t; . ,.~ ~"'" ,_I Dated: orA Y V ALLEY QUARRY LLC By: Dated: I ') J (, IL~<rJ JAMES P. BALDWIN ByiJ~?" 0-/ 61d!rp1/~/ LIST OF EXHIBITS Exhibit A Exhibit B The Property (Legal Description) Vested Future Mining Area (Legal Description) 5 c, . -." /' r)' '''' ;,..e.' I~ Dated: i 1 //6/ C t / . I By: Dated: y;')fu-.; \ . <:'<.:.c"",,,~r~1 JAMES P. BALDWIN By: LIST OF EXHIBITS Exhibit A Exhibit B The Property (Legal Description) Vested Future Mining Area (Legal Description) 5 Q ~ -r.) () f j CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT cC.e<',ccj!j('~~~~~~L;(>.l!X'~b(!nC~d'~~~~~~~~nrd'Nrbf'.6:'J!j(',R;{ County of \i P.L T,. >,'1 } State of California On ,'~I.::',~ \ ~:~<_ :u,,',t". ' .before me, ;C';""')A;; , 'j .-...-.t"~j~';;~';~';~~~~Y"'~ ~"-\. .( ~ personally appeared r-',I::', .,-'.... .,,.J '.:........ 'i(_-'_ " Na~l ol Slgn.~ ~: 'I..',"", I,,~c:.: Ill" I I ~l~:-~-~ ~..1 I ------ - ---~ who proved to me on the basis of satisfactory evidence to be the personjlll whose name,ls) islare-subscribed to the within instrument and acknowledged to me that helaAaAha) executed the same in hisJharAAair authorized capacity(iesl. and that by hisl~er.~heir signature($) on the instrument the person(8). or the entity upon behalf of which the person") 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. Place Notary SNI AtKNe WITN ESS my hand and official seal. ~-'- ,;;;.".1? Signature OPTIONAL Though the information bBlow is not required by law, it may prove valuablfl to persons relying on the document and could prewmt fraudulent removal and reattachment of this form to another document. Description 01 Attached Document Title or Type of Oocument: t~,: l-' \.1"'. '\~.t"l t....IL,;.~; T "- .::"'vl~"):-C-:) 1'Z ii... j-l'i: \. .\i. I:t r-l-d:.:'-:\. r Document Date: 1..... t':-,' ~f"" i.1\ L.-r~:.. \ l;~ ! Number of Pages: Signer(s) Other Than Named Above: CapllClty(IeS) Claimed by Slgner(s) Too 01 thumb here Signer's Name: :: Individual n Corporate Officer - ntle(s): n Partner - _ Limited - General o Attorney In Fact _ li'ustee = Guardian or Conservator :: Other: Signer's Name: o Individual Corporate Officer - Title(s): Partner - 0 Limited _ General Attorney in Fact Trustee n Guardian or Conservator n Other: TOp of lhumb here Signer Is Representing: Signer Is Representing: UI,.~~'YV"""'''''^'~''''V-'''U(".'U(".-'''-''V~~~''''';'''''''-''~~~~-''~'"'''''~~'"''''''''''''~''''''''''~~~''''''''-''-''~~ 02001 National Notary Association. 9350 De Soto Aw.. PO.BoIe 2402 'Chatsworth. CA 91313-24Q2-www.NaIion8INo1ary.org Item lI5907 Fl8Clfder: CaftTol.Free l..aoo-S76-{;827 g- -'8 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT l:':<'~.d'A!:C.ec-~~~~~AI'2't/!"81l'd"-l5('.l!JC'b('d',l!j('~~B".IJC'~~~di'..ec.Et'~,oC~LX'i!X".0C.ccd State of California } County of ()r~t1 n( I L On\\[,I: I\\'or,t 1':i1ki't before me, '-vfll<< )(~ L, ~\,\\\~il~1'\J.b \ i\it.. V, L j, ~, Date . re"-"tNameandT" the ~ personally appeared 3"\\",, ~ I( . ?-~~i~~~'l r------ _uu_~_., . 11.1111 L_ MOIlem Comm_ tl1731lO1t J. NoIaIy - . C 1nl....1IO I Ooarlge CounIy . 1 _ _ _ ~~~Apr4;~_l ., who prolllld to me on the basIS of satisfactory evidenoe to be the penlOf1~ whose nameprr IsI~ subscribed to the within. instrument and acKnowledged to me that he/~llitjtly executed the same in h~lIj)Sir au!hOrized capacity(~, and that by hi~r/tljlll'r signaturel8) on the instrument the person(Jf, or the entity upon behalf of which the person(% acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Calffornia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. . II!, "I ~' L/iL' Il~ Signature Y1(/It., il, fL."" 11/(i1 "'1~-'Y OPTIONAL Though ",. inbrmation below is not required by law. it may prove valuabht to persons relying on the document and could pmvent fraudulent removal and reattachment of this form to snother document. Place Notary seal AboYe Description of Attached Document Title or Type of Documenl: :~ \i\\(;1i "',i'J'hW'{[ ,,\.- . \ Document D.te: \:ke'lin f;ftZ. I [-,;J00y, , (' C't , 'L ~'{~';)t<i1'\ \ \c\h-\~~ Numb.r of Pages: (k'i7'".r> "Ilt- I Signer(s) Other Than N.med Above: Capaclty(les) Claimed by Slgner(s) Signer's Name:3 \\W\~':> Y , ~'f\ \\:..".". \ ~ividual 0 ' + ~orpor.te Officer - TIM(s): 1 tLP' 0' I)';' (1 ' Partner - I J Limited I J General c-; Attorney in Fact n Trustee Guardian or Conservator Other: fop 01 thumb here Signer's Name: _ Individual u Corporate Officer - TiUe(s): I I Partner - U Limited i.. General = Attorney in Fact ,I Trustee n Guardian or Conservator o Other: Top 01 Ihumb here Signer Is Representing: Signer Is Representing: """'~~"""''''''V~~'-'Y~~~~~~~,",,~~~~~~~~~~'io<'V~ 02007 National NoIafy Aa&oc8liofl-9350 0. Solo Ave.. P.D.Bole 2A(l2-CI1atsworttl.CA 91313.2402-_N~.o.g Item *5907 AeorOer:CalIToI-ftee1-8lJO.878~ 7:.-7Q ., 1 I . EXHIBIT "A" \ 30 \ \ tvL- --\--_ ----- - -\- ~ --- \ - \ \ \ \ \ \ \ \ \ \ \ 39 \ , \0 - r: ~t'12c - - -( A '/ /~ B2B 0_ -;; NO~ - t-fiA'? \ 33 \ \ \ 3B \ \ \ \ - t~O 32 r \ \ \ \ \ \ - \ t~2 t~3 - - \- - - - \ - \ -~-\3t~ 31 \ \ - \ M~ \ ~ \ " \ ~~ \ - - 3D \ - ~~ - - \ - \ v~~6 \ \ \ - \-- HUNSAKER & ASSOCIATES s ^" D Il c; 0, J '" C. PlANNINC 9707 WlpIa Street [NCN.EtINC SIIn Olea' c.a 921Z1 SUIVfYIHG MI58ISS''''SOO. fX(asa)SSl.1.f14 R, \0676\ldoIop\lP ~Inlno R10ht. E,hiblt D SIlT 01.dwg{)>eC-15-2D08: 1~ 10 R.O. 25-366A '?~80 EXHIBIT "A" LEGAL DESCRIPTION LOTS 32, 33, 34, 35, 36, 37, 38, 39, 42 43 OF THE OTAY RANCH, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 862, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 7, 1900. EXCEPTING THEREFROM THAT PORTION OF SAID LOTS 34. 35, AND 36, CONVEYED BY SAN DIEGO LAND COMPANY TO THE SOUTHERN CALIFORNIA MOUNTAIN WATER COMPANY, BY DEED DATED APRIL 11, 1912AND RECORDED JUNE 24, 1912 IN BOOK 570, PAGE 113 OF DEEDS. ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LOTS 39, 42, AND 43 DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF FRACTIONAL SECTION 17, TOWNSHIP 18 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN SAID SAN DIEGO COUNTY, ACCORDING TO LICENSED SURVEYOR'S MAP THEREOF NO. 275, A PLAT OF WHICH is FILED IN THE OFFICE OF THE COUNTY RECORDER NOVEMBER 5,1936; THENCE ALONG THE SOUTHERLY LINE OF SAID FRACTIONAL SECTION 17, SOUTH 88'55'00" EAST, A DISTANCE OF 2,071.03 FEET (2,074.27 PER SAID LICENSED SURVEYOR'S MAP NO. 275) TO A POINT ON THE WESTERLY BOUNDARY OF SAID OTAY RANCH, SAID POINT BEING ALSO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHERLY LINE, NORTH 19'00'00" WEST, ALONG SAID WESTERLY BOUNDARY, A DISTANCE OF 2,893.65 FEET (2,893.04 FEET PER SAID LICENSED SURVEYOR'S MAP NO. 275) TO THE MOST NORTHERLY NORTHEAST CORNER OF THAT LAND DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED APRIL 16,1962 AS FILE NO. 64315 OF OFFICiAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE CONTINUING ALONG SAID WESTERLY BOUNDARY NORTH 19'00'00" WEST, A DISTANCE OF 741.41 FEET; THENCE LEAVING SAID WESTERLY BOUNDARY, NORTH 74'23'37" EAST, A DISTANCE OF 3,829.24 FEET; THENCE SOUTH 02'44'38" EAST, A DISTANCE OF 2,922.46 FEET; THENCE SOUTH 59'39'21" WEST, A DISTANCE OF 3,064.30 FEET TO THE TRUE POINT OF BEGINNING. PAGE 1 OF3 :d M:\2409\004\Legal Oescriptionsla02 Net ci 73 grading pomil.doc we 2409-4 12/15108 'l 't1 \ .:1 .,..: : ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LOT 43 DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF FRACTIONAL SECTION 20, TOWNSHIP 18 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, AS SHOWN ON OTAY INDUSTRIAL PARK, MAP NO. 8147, FILED IN THE OFFICE OF THE COUNTY RECORDER; THENCE ALONG THE EASTERLY LINE OF SAID FRACTIONAL SECTION 20, BEING ALSO THE WESTERLY BOUNDARY LINE OF SAID OTAY RANCH, NORTH 18"37'06" WEST 650.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID RANCH BOUNDARY NORTH 71022'54" EAST 55.00 FEET; THENCE NORTH 18"37'06" WEST, PARALLEL WITH SAID RANCH BOUNDARY LINE 200.00 FEET; THENCE SOUTH 71022'54" WEST 55.00 FEET TO SAID RANCH BOUNDARY LINE; THENCE ALONG SAID LINE SOUTH 18"37'06" EAST 200.00 FEET TO SAID POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LOT 43 DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY OTAY RANCH BOUNDARY DISTANT SOUTH 18"37'10" EAST 499.12 FEET ALONG SAID OTAY RANCH BOUNDARY FROM THE SOUTHEAST CORNER OF LOT 17 OF MAP NO. 8147; THENCE LEAVING SAID OTAY RANCH BOUNDARY EASTERLY ALONG A NON-TANGENT CURVE, CONCAVE SOUTHERLY AND HAVING A RADIUS OF 157.00 FEET, A RADIAL TO SAID POINT BEARS NORTH 34"56'19" WEST; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 49"41'39" AN ARC LENGTH OF 136.17 FEET; THENCE TANGENT TO SAID CURVE SOUTH 75"14'40" EAST 179.58 FEET; THENCE SOUTH 14"45'20" WEST 62.00 FEET; THENCE NORTH 75"14'40" WEST 45.61 FEET TO THE BEGINNING OF A TANGENT 95.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 107"28'43" A LENGTH OF 178.21 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 44 OF OTAY RANCH; THENCE DEPARTING THE ARC OF SAID CURVE NON-RADIALLY SOUTH 71"58'08" WEST 9.63 FEET ALONG THE NORTHERLY LINE OF SAID LOT 44 TO THE EASTERLY LINE OF THAT EASEMENT FOR COUNTY HIGHWAY RECORDED APRIL 9, 1979 AS FILE NO. 79- 144675 OF OFFICIAL RECORDS; THENCE NORTH 18"37'10"WEST 78.39 FEET ALONG PAGE 20F3 0-'6...1 :d M:\2oI09I004\Legal DlO6Cl'ipUonsla02 Net a 73 grading porm~.doc 0 U.......,A"... A..,'."'...... THE EASTERLY LINE OF SAID EASEMENT FOR COUNTY HIGHWAY; THENCE SOUTH 71022'50" WEST 55.00 FEET ALONG THE NORTHERLY LINE OF SAID EASEMENT FOR COUNTY HIGHWAY TO A POINT OF INTERSECTION WITH SAID RANCH BOUNDARY; THENCE ALONG SAID RANCH BOUNDARY NORTH 18037'10" WEST 119.86 FEET TO THE POINT OF BEGINNING, PAGE30F3 Q" - '13 :d M:\2409l004\LegaI Oescliptionsla02 Net of 73 grading pe<mll.doc D (.) W()?AflCL.4 1')/1,",1fl~ EXHIBIT "B" '" s;;! ,... !:1 -;.14. ~~ 'N. ~ 0 , ~-,. ')::>')::> -cl""::' - - - '7 ~ '0')::> " 'Z. \::pO 'N.'I- !;:po \~ -4. - ~ m SAN DIEGO-CORONADO PIPElINE PER DEED ro THE CfTY OF SAN DIEGO IN BOOK 570. PAGE ',J RECORDED 6-24-'912. --0'-<1 tAl <;I ... HUNSAKER 1m ~ !'~~~~TES Pl.ANNING '107 Waples Stl'ett ENCINfEIINC SoVl Die&!), CI 92171 ~ 8 u l). \~~~~~\~~~~s~~~:oo~~~~ss::~..u . ...~ n. ....._r""_. ... """ft_ ..._......... .... .......){It f EXHIBIT liB" LEGAL DESCRIPTION BEING A PORTION OF PARCELS 1, 2, 3 AND 4 AND THE LAND DEPICTED AS .NOT A PART" ALL OF PARCEL MAP NO. 20264, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 01, 2007. BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 1; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 1 AND SAID PARCEL 3 SOUTH 18"39'03. EAST, 4334.86 FEET TO THE NORTHERLY SIDELINE OF THE SAN DIEGO - CORONADO PIPELINE AS DEEDED TO THE CITY OF SAN DIEGO IN BOOK 570, PAGE 113 OF DEEDS; THENCE LEAVING SAID EASTERLY LINE OF PARCEL 3, ALONG SAID NORTHERLY SIDELINE SOUTH 71009'11" WEST, 24.55 FEET TO THE BEGINNING OF A 320.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 23041'15. A DISTANCE OF 132.30 FEET; THENCE SOUTH 47"27'56" WEST, 1010.59 FEET TO THE BEGINNING OF A 287.50 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 29"48'41. A DISTANCE OF 149.59 FEET; THENCE SOUTH 77016'37" WEST, 503.98 FEET TO THE BEGINNING OF A 320.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 44038'51. A DISTANCE OF 249.36 FEET; THENCE SOUTH 32"37'46. WEST, 965.58 FEET; .. THENCE SOUTH 30004'17. WEST, 76.51 FEET; THENCE LEAVING SAID NORTHERLY SIDELINE SOUTH 84011'06. WEST, 166.57 FEET; THENCE SOUTH 16023'00. EAST, 91.00 FEET; THENCE SOUTH 26000'00. WEST, 62.00 FEET; THENCE SOUTH 69"14'00. WEST, 104.00 FEET; THENCE SOUTH 73013'00. WEST, 109.00 FEET; THENCE NORTH 69"23'00. WEST, 82.00 FEET; THENCE NORTH 56022'00. WEST, 31.00 FEET; THENCE SOUTH 80022'00" WEST, 303.00 FEET; THENCE NORTH 62"25'00. WEST, 59.00 FEET; THENCE SOUTH 63029'00" WEST, 156.00 FEET; THENCE NORTH 72"56'00" WEST, 60.00 FEET; THENCE NORTH 80011'00" WEST, 135.00 FEET; THENCE NORTH 84"25'00. WEST, 169.00 FEET; THENCE NORTH 58056'00" WEST, 198.00 FEET; THENCE NORTH 78009'00" WEST, 100.00 FEET; THENCE NORTH 47034'00. WEST, 23.00 FEET; THENCE SOUTH 59"30'00. WEST, 59.00 FEET; THENCE NORTH 77027'00. WEST, 52.00 FEET; THENCE NORTH 57049'00. WEST, 59.00 FEET; THENCE NORTH 77050'00. WEST, 125.00 FEET; THENCE NORTH 28005'00. WEST, 44.00 FEET; THENCE NORTH 15049'00" WEST, 65.00 FEET; PAGE 1 OF 3 8''' 8 5 :d M:\2409\004\LegaJ OescriplionslA01 Vested Mining Rlghls.doc 'Mn')AnnI'\A ...,/....,:",.. THENCE NORTH 57045'00" WEST, 41.00 FEET; THENCE NORTH 71055'00" WEST, 29.00 FEET; THENCE NORTH 23005'00" EAST, 80.00 FEET; THENCE NORTH 57022'00" WEST, 85.00 FEET; THENCE NORTH 61009'00' WEST, 80.00 FEET; THENCE NORTH 64008'00. WEST, 77.00 FEET; THENCE NORTH 49"13'00. WEST, 125.00 FEET; THENCE NORTH 54"03'00. WEST, 112.00 FEET; THENCE NORTH 58053'00. WEST, 133.00 FEET; THENCE NORTH 56"OO'oo"WEST, 323.00 FEET; THENCE NORTH 51"19'00" WEST, 92.00 FEET; THENCE NORTH 54"38'00" WEST, 128.00 FEET TO A POINT ON THE WESTERLY LINE OF SAID PARCEL 4; THENCE LEVING SAID WESTERLY LINE NORTH 12"02'00. WEST, 126.50 FEET; THENCE NORTH 24057'00" EAST, 84.00 FEET; THENCE NORTH 18025'00" EAST, 191.12 FEET; THENCE NORTH 00020'00. EAST, 261.95 FEET; THENCE NORTH 1601TOO. EAST, 35.00 FEET; THENCE SOUTH 17018'00" EAST, 111.00 FEET; THENCE NORTH 83"22'00. EAST, 145.00 FEET; THENCE NORTH 87014'00M EAST, 116.00 FEET; THENCE SOUTH 28"50'00. EAST, 23.00 FEET; THENCE SOUTH 1005TOO" EAST, 63.04 FEET; THENCE SOUTH 64"05'00. EAST, 16.46 FEET; THENCE SOUTH 64"05'00. EAST, 23.50 FEET; THENCE SOUTH 88"39'00" EAST, 43.00 FEET; THENCE NORTH 76"59'00" EAST, 19.00 FEET; THENCE NORTH 20050'00. EAST, 107.00 FEET; THENCE SOUTH 86021'00. EAST, 42.00 FEET; THENCE SOUTH 77047'00' EAST, 54.00 FEET; THENCE SOUTH 70"25'00' EAST, 55.78 FEET; THENCE SOUTH 59"29'00' EAST, 45.36 FEET; THENCE NORTH 89"12'OOM EAST, 33.00 FEET; THENCE NORTH 47017'00. EAST, 27.00 FEET; THENCE NORTH 29"07'00' EAST, 116.00 FEET; THENCE NORTH 22012'00. EAST, 132.00 FEET; THENCE NORTH 17040'00. EAST, 110.00 FEET; THENCE NORTH 10048'00. EAST, 106.00 FEET; THENCE NORTH 50049'00' EAST, 110.00 FEET; THENCE NORTH 38021'00' EAST, 44.00 FEET; THENCE NORTH 24"38'00. EAST, 503.00 FEET; THENCE NORTH 16044'00. EAST, 54.00 FEET; THENCE NORTH 02010'00' EAST, 35.00 FEET; THENCE NORTH 18055'00" WEST, 56.00 FEET; THENCE NORTH 26"50'OOM WEST, 71.00 FEET;THENCE NORTH 14"14'00. WEST, 63.00 FEET; THENCE NORTH 03038'00' WEST, 133.00 FEET; THENCE NORTH 60059'00. EAST, 44.00 FEET; THENCE NORTH 37"10'00" EAST, 112.00 FEET; THENCE NORTH 17012'00' EAST, 62.00 FEET; THENCE NORTH 24"29'00. EAST, 94.00 FEET; THENCE NORTH 32044'00. EAST, 120.00 FEET; THENCE NORTH 35001'00. EAST, 245.00 FEET; THENCE NORTH 34014'00. EAST, 51.00 FEET; THENCE NORTH 19"34'00. EAST, 45.00 FEET; THENCE NORTH 04"58'00. EAST, 35.00 FEET; THENCE NORTH 01"25'00" WEST, 36.00 FEET; THENCE NORTH 14045'00. WEST, 77.00 FEET; THENCE NORTH 21022'00" WEST, 191.00 FEET; THENCE NORTH 11"01'00. WEST, 20.00 FEET; THENCE NORTH 04004'00" EAST, 49.00 FEET; THENCE NORTH 25"22'00' EAST, 50.00 FEET; THENCE NORTH 41041 '00" EAST, 25.00 FEET; THENCE NORTH 56017'00' EAST, 238.00 FEET; THENCE NORTH 42023'00' EAST, 32.00 FEET; PAGE 2 OF 3 :d M:\2409\004llegal DescrlptionslAOl Vested Mining Rlghts.doc WO 2409-04 12/15/08 ~-8G THENCE NORTH 50"02'00. EAST, 91.00 FEET; THENCE NORTH 36012'00. EAST, 180.00 FEET; THENCE NORTH 33022'00. EAST, 63.00 FEET; THENCE NORTH 36005'00. EAST, 146.00 FEET; THENCE NORTH 35019'00. EAST, 133.00 FEET; THENCE NORTH 50"29'00. EAST. 78.00 FEET; THENCE NORTH 60"01'00. EAST, 41.00 FEET; THENCE SOUTH 74023'00. EAST, 117.00 FEET; THENCE SOUTH 62"52'00. EAST, 296.00 FEET; THENCE SOUTH 83001'00" EAST, 32.00 FEET; THENCE SOUTH 89004'00. EAST, 120.00 FEET; THENCE NORTH 81049'00. EAST, 109.00 FEET; THENCE NORTH 75010'00" EAST, 75.00 FEET; THENCE NORTH 67031'00. EAST, 39.00 FEET; THENCE NORTH 37"23'00" EAST, 6S.00 FEET; THENCE NORTH 16054'00. EAST, 42.00 FEET; THENCE NORTH 00055'00. EAST, 67.00 FEET; THENCE NORTH 30007'00" EAST, 22.00 FEET; THENCE NORTH 62"41'00. EAST, 2S.OO FEET; THENCE NORTH 70056'00. EAST, 57.00 FEET; THENCE NORTH 51057'00. EAST, 23.00 FEET; THENCE NORTH 38035'00. EAST, 26.00 FEET; THENCE NORTH 10"32'00. WEST, 72.00 FEET; THENCE NORTH 15005'00. WEST, 114.00 FEET; THENCE NORTH 05042'00. EAST, 81.00 FEET; THENCE NORTH 4304S'00. EAST, 100.00 FEET; THENCE NORTH 00001'00. WEST, 297.00 FEET; THENCE NORTH 09"24'00" WEST, 30.00 FEET; THENCE NORTH 01054'00. EAST, 57.00 FEET; THENCE NORTH 16010'00. EAST, 35.00 FEET; THENCE NORTH 26059'00. EAST, 35.00 FEET; THENCE NORTH 40054'00" EAST, 55.00 FEET; THENCE NORTH 53023'00" EAST, 25.00 FEET; THENCE NORTH 64040'00. EAST, 127.00 FEET; THENCE NORTH 57033'00. EAST, 92.00 FEET; THENCE NORTH 51054'00. EAST, 227.00 FEET; THENCE NORTH 1600S'OO. EAST, 88.00 FEET; THENCE NORTH 07019'00. EAST, 43.00 FEET; THENCE SOUTH 73010'00. WEST, 150.00 FEET; THENCE NORTH 84"55'00" WEST, 48.67 FEET TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL 1; THENCE ALONG SAID NORTHERLY LINE NORTH 49034'01. EAST, 358.34 FEET TO THE POINT OF BEGINNING. THE HEREINABOVE PARCEL OF LAND CONTAINS 371.063 ACRES MORE OR LESS. PAGE30F3 8..-87 -rl U'\?40Q\o04\LeaaI DescrlDtlons\A01 Vested Mining Rlghts.doc ITEM TITLE: SUBMITTED BY: REVIEWED BY: CITY COUNCIL AGENDA STATEMENT ~l~ (lIT OF . · -- CHULAVlSfA Item No.: D Meeting Date: 12/16/08 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AFFIRlvlING THE DETER,\l[INATION BY THE COUNTY OF SAt~ DIEGO IN 1980 THAT THE OTAY QUARRY OPERATION LOCATED AT THE EASTERN TERMINUS OF MAIN STREET, CHULA VISTA, WAS A VESTED LEGALLY NON-CONFORMING USE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN INDEMNIFICATION AND RELINQlJ1SIDvffiNT OF RIGHTS AGREEMENT BY At~ BETWEEN THE CITY OF CHULA VISTA A1~ RIMROCK CA LLC DIRECTOR OF PLANNING ANTI BUILDINC{.-tt( CITY ATTORNEY3Cv'-../' INTERIM CITY MANAGER ~-r- 4/5THS VOTE:. NO X. YES SUMMARY Rimrock CA LLC and Otay Valley Quarry LLC ( referred to collectively as "Rimrock) own and operate the Otay Ranch Pit/Rock Mountain Mine located at the eastern terminus of Main Street. The mine has been in operation siIlce the 1940s and produces aggregate. The mine was originally located within thejurisdiction o(the County of San Diego, and was annexed into the City of Chula Vista in 1997. In 1973 the County of San Diego approved a grading permit for mining operations on the site. In 1977, the County renewed the grading permit allowing mining operations to continue at the site indefinitely. At a public hearing in 1980, the County of San Diego formally determined that the site of the Otay Quarry was a vested legally non-conforming mining operation. This determination was made based upon the previously approved grading plan/permit(s) and accompanying legal description for the site. The applicant is requesting that the Chula Vista City Council affirm the previous determination by the COlmty of San Diego that the site is a vested legally non-conforming mining operation. Date, Item No.: b Meeting Date: 12/16/08 Page 2 of 4 ENVIRONlVIENT AL 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 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. RECOMlVIENDATION That Council adopt the resolutions. BOARDS/COMMISSION RECOMMENDATION Not applicable ANALYSIS Rimrock is requesting that the City Council affirm the County of San Diego's (County) determination that it has a vested mining right to operate and expand its mining operations on the area shown on Exhibit B (Vested' Future Mining Area). On August 15, 1980, at a public hearing, the County's Planning Commission approved a Reclamation Plan for the mining operations. In its decision, the Planning Commission formally confirmed that the mmmg operation was a legal nonconforming use (Attachment 1). The County has documented the status of Rimrock's mining operation as a legal non-conforming use since October 19, 1973, with issuance of Grading Permit L6844. The Grading Permit did not specify the property subject to excavation but referred to the legal description in the grading plan (Grading Plan) to provide the legal description of the land under the Permit (Attachment 2/Grading Permit). The Grading Plan and Grading Permit were both designated by the County as L6844 and both were approved on September 17, 1973. In 1977, Grading Permit L6844 was transferred to the new owners of the mining operation. The re-issued grading permit, dated August 24, 1977, stated that it was issued for a "nonconforming special use" (Attachment 3/1977 Grading Permit). Once again, the 1977 Grading Permit referred to the Grading Plan to provide the legal description of the land under the 1977 Permit. In addition, the County required that new security be posted for the Grading Permit. The new instrument of credit that was provided for .the 1977 grading permit covered the same legally described land on the Grading Plan (Attachment 4). The 1973 and 1977 Grading Permit included the property shown on Exhibit B as the Vested Future Miriing Area, along with a much larger area. The Califorriia Surface Miriing and Reclamation Act of 1976 (SMARA), provides that a vested right may be acquired for a mining operation if either a permit or other authorization was required for such activity and it was obtained prior to January 1, 1976; or if mining was conducted without a permit, it was pursuant to an existing legal nonconforming use as of January 1, 1976. (CA. Pub. Res. Section 2776.) Rimrock contends that they have a vested right to mine under SMARA by the 1973 Grading Permit issued by the County and because Rimrock J:\Planning\SteveXP\citycollnciJ agenda statement vested rights 12 08fina1.doc 8-2 Date, Item No.: [3 Meeting Date: 12/16/08 Page 3 of 4 commenced mmmg operations in or around 1948; as evidenced by the County's 1980. determination that it has a vested mining operation. Rimrock is now requesting that the City Councilaffinn the County's determination that they have a vested right to conduct surface mining operations for only the area identified as the Vested Future Mining Area, even though it appears that the County's 1980 determination may have pertained to a much larger area. Rimrock has agreed that the City Council's affirmation would apply only to the Vested Future Mining Area and not to any other property. Rimrock has agreed to relinquish any and all vested rights, it may have to operate and expand its mining operations on any property other than that area shown as the Vested Future Mining Area. The City's affirmation would acknowledge the County's finding that the mining operation is a legally non-conforming use. No additional City conditional use permit would be required to conduct surface mining operations within the Vested Future Mining Area. However, the mining operation will be controlled by Covenants that have been recorded against its land (Attachment 5). The Covenants cannot be amended or removed without the approval of the City. In addition, the City has the right to enforce any violation of the Covenants. Although the City may affirm that Rimrock's mining operation is a legal nonconforming activity, Rimrock would still be subject to -state and federal laws and regulations, as well as other applicable City Municipal Code provisions. This would include complying with the Endangered Species Act since a small portion of its land within the Vested Future Mining Area is currently designated as preserve land under the City's MSCP Subarea Plan. Rimrock is currently negotiating with the Wildlife Agencies to trade other biologically equivalent land for a small portion of property located within the Vested Future Mining Area: Rimrock will have to apply to the City for an MSCP boundary. adjustment, as provided for in the City's MSCP Subarea Plan, to cqmplete this process. If Rimrock were unsuccessful in receiving an MSCP boundary adjustment from the City then it would be precluded from conducting mining operations on any land that is designated as preserve.. In addition, Rimrock will need to provide a revised Reclamation Plan for the City's approval. The City's ability to regulate the mining operations will be limited once the City has recognized the operations as a legal nonconforming use. The Covenants that have been recorded against Rimrock's land provide enforceable operating parameters for the mining activities. Rimrock has agreed to indemnify and defend the City should there be any legal challenges concerning this affirmation or its mming operations within the Vested Future Mining Area. DECISION-MAKER CONFLICTS Staff has reviewed the property holdings of the City Council members and has found no property holdings within 500' feet of the boundaries of the property, which is subject to this action. FISCAL IMPACT There will be no net fiscal impact to the General Fund from this action. All costs associated with processing this request have been paid by the applicant. C:\Documents and Settings\stevexp\Local Set.tings\Temporary InteS:.31eS\OU0\S\citycounCil.agenda statement veste~ rights 12 08tinaLdoc Date, Item No.: g Meeting Date: 12/16/08 Page 4 of 4 A TT ACHlVIENTS 1. August 15, 1980 County of San Diego Planning Commission Decision 2. 1973 County of San Diego Grading Permit 3. 1977 County of San Diego Grading Permit 4. Instrument of Credit for Grading, dated July 6, 1977 5. Covenants recorded by Rirnrock EXHIBITS A. Limits of 1973 Grading Permit B. Vested Future Mining Area C. Legal Description of Vested Future Mining Area Prepared by: Steve Power, Alep Principal Planner, Planning & Building Dept. C:\Documents and Settings\stevexp\Local Senings\Temporary Internet Files\OLKA5\citycouncil agenda statement vested rights 12 08final.doc - 8-4 - - -, Attachment 1 - August 15, 1980 County of San Diego Planning Commission Decision 8-5 SAN [J lEG 0 C 0 U ;, T Y PLAXl-ir;,(; c 0 l.~ 1.; I S SID ;~ ---------- 915!J Chesapeake Drive San Die"o CA' n?123 OJ' _ - . Au::;ust 15, 1980' . Decision of the Comr.:ission 0.1 the Applicacion or Nelson-Sloan Application ;;uilver RP79-09 , , GRANT, as per revised reclamation plan';' pursuant to Section 37.701-714 et. seq. of the' County Code and attached <:pj1li cation and in compliance !vith the State Surrace I'lining and Rec'l2J:1ation Act of 1975 for a vested nonconforming mining operation. ' _I0_e._pLan,s.!l":~f,. :r..ec1aim, th.", 13J,1~._!..<:>r .a,g:zJc!:!.l~,,::!.e_,jn..four:,pl!~s "s -(pnas e --roT'the 5 Phases of the original application is not herein granted), , _ A. !';it;lin 130 days of grantint; of this Recla.'!lation PI an the applicant shall: 1. Submit a revised Reclamation Plan to the satisraction or the Director or Department of Planning and Land Use showing: a. Limits or evaluation. b. Indicate Phase Four as ":;0 Extraction" (ERD Diology). B. Within one year of the granting or this Reclamati'on Pla..1 or,within 60 aciditional days ir the Director or Planning and Land Use determines the applicant is dili- gently pursuing these conditions, the applicant shall: 1. Submit detailed and co~lete landscape plans to the' Regulato~' Planning Division ror the approval or the Director or Planning and Land Use. The landscape plans shall specirically show the revegetation of newly created slopes with existing native plant materials by mulching brushed material ',dth the native topsoil or the site (ERE Biology). ' 2. Execute a'20, foot easement ror a riding and hiking trail. The trail Hill be located 'in Parcels 5, 6, 15, 16, 25, 26, 35, 36, and 45 of Otay Ranch }olap No. 862., The easement will begin at the northl'lesterl)' corner of parcel 45 and continue along the existing utility road ror the power lin~s easterly throueh paycels 36, 35, 26, 25, 16, 15, and northeasterly (across the Otay River) through parcels 6 and 5 to th~ easterly boundary of the Otay R&,ch to the satisraction of Director, Department of Trans- portation. 3. Execute a secured agreement to improve the Riding and 'PSking Trail Sys- tem to the following design' standards to the satisfaction of Director, Department of Transportation,: 8-6 RP79-09 -. -~- a. The trail shall contain a T,llnU1Um eight (8) feet of tread t-:idth wi th drainage structures as TI2CessarYa b. -The trail surface shall consist of the n-ative soil, Or where the- .soil is highly erosive or-will not support the traffic, u tread surfacing material such as - decomposed granite t<hich t;ill blend ,-6th the natural-enViroTlffient shall be provided. c. Trail gradients shall not exceed 15'". Where natural grades exceed IS?, sufficient width for S\dtcJ1hacks shall be provided to aCCOrrui)O- date a 15% gradient trail. d. Trails shall intersect roads at approximately 900 angles. e. The trail system shall be continuous through the property and shall provide for -local access within the property. f. Points .1;here the trail exits t;,e property shall be coordinated \;ith existing or planned trail locations on adjacent property. g. Signs at trail entrances to provide identification, rules and regu- latio:lS; and r.JarI~eTs along the route to direct users.. 4. Provide the Director of Department of Planning and -Land Use a letter from the Director, Department of Transportation stating-all Ridblg and Hiking Trail improvements have been completed to- Departnient of Transpor- tation's satisfaction. . 5. Provide a comprehensive evaluation from the applicant's civil engineer 1.'ith appropriate Dit;igating measures for the fol19wing issues: a. Flood hydraulics anu fluvial analysis (erosion and sedimentation study for the proj ect site and adjacent properties). b. Floodway and flood plain bank stabilities. 6. Provide a flood plain and flood"ay study.for the project from the appli~ cant's er!gineer which shall reflect any c[121lges in the existing flood' .plain, floodway lines. .The study shall be to the satisfaction of the Department of Sanitation and Flood Control. 7 Grant a flowage easement over any portion of the property that is within the floouway. 8. Complete the fOlln'"ing. procedures to thlO satisfaction of Environmental Analysis Division (ERE Archaeolo[y): a. A qualified archaeologist will map each site individually and show the following: . 1) Contours. 2) Natural features, i.e., rock outcrops, .etc. 3) ~jan.made features, i.e., artifact concentration, milling, etc. 4) .Plot each site location .on an aerial map of the project. 8-7 RP79-09 -3- b. Artifac.ts on each site will be micromapped, photographed, ~n place, anej collected fron; the surface. c. Each site will be fully photo,Graphed (black and, "hite, non-polaroid] 'from four (4) directions. d. Each site "ill be test excavated to determine what subsurface conten if any, exists (sites having no depth of artifacts or midden deposit way not, require further'mitigation). e. Preservation and/or salvage research designs 1<ill be presented to EAD for approval for each site, dependin'g on whether it Hill be destroyed or not. 1) Preservation Plans shall prov~c1e site protection by, complete avoidance and an ~~en Space Easement with a buffer area of 30 feet all around. 2) Salvage research designs "ill provide mitigation through excavation and rec.overy of up to 20% of' each site area. f. A full report of the above work, anaiyses and conclusions will be prepared and five (5) c<Jpies I'rill be submitted to EM. g.' Provide a letter from the Enviro~~ental Analysis Division that archaeological mitigation measures have been satisfied. , ,9. ,',ark 1-:ith posts the 15.0 feet h'ide zone west of the eastern aqueduct as described in '''Biology Report of Nelson-Sloan, RP79-.o9,' Log #79-19-49." to the satisfaction of Environmental Analysis Division Coordinator. 10. Heet all provisions of Section 37.7.01 through 87.714 of the County Code including "Right of Entry" and security f.or its future :;:-estoration. Said security shall be in the ~"ount of $20,000..0.0; however, in no event shall the limitation on the amount of security required be construed as a limitation on the liability of the permittees. II,' Submit totne satisfaction of the pirector of Planning and Land Use: a. A statement the applicant ,accepts responsibility for reclaiming the mined lands in accordance with the Reclamation Plan. b. The na.lles and addresses of the O\VJ1ers of all surface and. mineral interests or subject land. C. ]'iithin t"o years of the' granting of this Reclamation Plan or within 6.0 additional days if the Director of Department of Planning and Land Use determines the applicant is diligently pursuing these conditions, the applicant shall: Construct flood control improvements if necess'ary to the satisfaction or Department of Sanitation and Flood Can~rol, and provide a letter from the Director or Sanitation and Flood Control that all reauirements or this Department have been satiSfied (ERB Flooding). . 8-8 RP 79-09 - 4 - D. The Following conditions condltions apply (ERB Biology): 1. Vegetation shall not be removed from .the area in Phase four .(4) except as required by written order of fire protection agency. 2. No mechanical invasion shall be allowed into the area of Coast. Barrel Cactus in the ISO foot wide zone west of the eastern aqueduct as described in "Biology Report of Nelson~Sloan, RP79.,.09, Log #79~19-49 (Phase 5). . 3. Only one phase shall be worked at a time, 4. Native cacti shall be salvaged for use in revegetation in portions of Phase Five on an. annual basis. ''-.. 8'""9 Attachment 2 -1973 County of San Diego Grading Permit 8-10 ..--...---., . , . . -" ,. ( COUNTY OF SAN DIEGO J COUNTY O?.E.RATlON5 ,~ENTER PHONE 2'78-9200, EY,7. S28 or 537 ljfo?J., ~', " ?'''"'C , .COUNTY ENGlI..!:EER DEPARTMENT 5555 OVERLAND AVE.. BLDG.2 SAN DIEGO, CAUFOJ~N~A"92i2J' ~, (: THIS fO;:M WHEN PROPERLY VALIDATED BY Sf.GNATUR~ is. A PERMtT T9 DO THE -WORK DESCRIBED. THE PERMI~ IS VALID FOR A SIX.C6} MONTHS PERIOD. ALL WORK AUTHORIZED MUST Cc.'a'H::,?RM TO CONDITIONS OUTLINED IN THE SA.N. DIEGO <;:OUtHY EXCAV~ TICN AND GRADING ORDINANCE DIVISION 7, l"ITL~ 8, OF TH E SAN DIEGO COUNTY CODE. . GRADING PERMIT . " c (fOR APPLICANT TO CQMPLET"l iJA'Tt:.~_ . _ . ,_ REQU.ESTEO ':;'TARTING pATE:. FE~ '7-' 7-"3 8-1 73 PLAN CHEC" LEGAL DESCRIPTION: (Por4 .-.fhLot No; Mup NG; ctc:.) _ - See Gra.d~nq J:"lan . . _ ,. . J~~~~Tf irJ5p. S',TE"ADDRESS: 5 Jn1.1es east of Interstate ~NO..; STRUcT. PLAN cHECK ~. __ 'h;n :i:';: -; n "..~V ' , , PERMIl'l'E"'": "J.....1-Id'" l?yr'j-?i7:Jio/~ ~ PAONE:. :Ag5;:J.-M." STRUCT. IN~PECTION ' . . '" .#//If"'U' ~ TBC' ~~;:., ., . ~NEWAL ~~DR~SS "j/!'~'1 Sri!. ~ ~., California. COST ESilMATE PLANS BY:. PHO....E: 'T"YlC'L f}.e..,~,IJ Hark E. Darroucrh 729-8957', =m> ~'~/I',/ r"'lJIl CASH DEPOSIT AODRESS 1 'b - 1 ' f . P.O. Box 845 Car s aa, Ca 1 orn2a .PROPOSED USE OF GRADED SFTE: ' Nininnof larne nuarrv stone GRAOfNG BY: PHONE: Silberberaer Constructors I'nc. ,72'9" 89 AiJC'Rt:.SS 1 l' f ' P.O. Box 845, 'Car sba0, Ca 1 ornla COM?,\CTE.O FILL: . NO SLJA SOILS REPORT rdAY BE REQUIRED FOR ^ BLDG. PERMIT" YESD A COMPACTION REPORT IS REQUIRED. i~. .SOIl.S ENGR: PHO!'lE::I.:(jU'=~~,:t~"._ Southern Calif.. Testina Laboratorv'~!:; :(. '~.'IP"RV1S"ED GRADING (lAu",~ be ",up"..vi~od if over 5,(,100 C.y.)., r~ . . . '.. .;......).11=::1 'r:1' NO b{i . .-SUPER'.trSIN.G Et~GINEER: 'None (FOR COUNTY US" ONL Yl AMOUNT :) J:1.C:};;.. " :<.CJ7'EC DA TE REC'O 7-/1-7.3 7-1'7-):3 , 90 tJjjI'J. 711//77 ~~~~: :1 O:"~ER ~Ekr:J.r~ H ./. ~'"...' ." I "TI.~' "''''.-, . :SPECIACLtSe: PE:r:lMl:r.jlO. 7'~LO~.~ P~~~~~N~rt:Ht0J {, !T.~;'_ ~!:. N~'"1 .. C, OTHER AGENCY (SDENTI FYI ,:r :1 !o',"':' . , . '<< i . ~f ( ,':t.q:"\: ) ~:' ~:!.H:.;:J'~I.'i~''''''''-r PERMIT N04 PHONE: ADDRESS .None Fi::E QUANTITY IMPORTJ WASTE CUBIC Y AROSON SITE 'CUT FILL , 500,000 cyl I I C~l '"G "~ - f,!.._,f:::;5i ,-. ... 1\"". .-J:.. - I HEREBY ACKNOWLEDGE THAT I HAVE "EAD THE APPLICATiON AU ' :,' ,-STATE THAT THE INFORMATION I HAVE PROVIDED IS CORRECT AND.; ,.. i9TIerl to Area: _- . AGREE TO COMPLY WITH ALL COUHTY ORDrNANCES AND SL\ TE LAWS:> . ~ ~ REGULATING EXCA VA TING AND GRAD:NG, AND .HE PROVISIONS AND.r _..:. . .r" CONDITIONS OF ANY PERMIT ISSUED PURSUANT TO THIS APPUCATlCN~;J.,: 01;+-1=9.-1J73 I.U, : ' L , '/ .' .- /)1:;:" , 91 r ;;~.' ' SIGNATURE O~ PERMITTEE::;.) 1_ ' ',; .,' 4 .. ~ ..--. OR AU1=HORIZED AGENT ; , 'f. '!r/;. ,"7 I..'. [.;./' I '/ 7 /' rHSPEcrrCH 'DATE iNS PEer OR (-~"<;.('" 7,"] '" J.-/:= r7 '.c e",,"'" C ,J U-)"_7.3 Plan Approval Doto: -;. /- RO'Jg/1 Grodin;" . COdp:lc:ti<>n Roporf R"o::'d Finot Cl7rtifi"cl,o" Complc'",.r , PERMIT VALIDATtON ' , Q/J/~/! <,~ By: ~l~.. t: _ ~ ( !~ .?}o~ ..,...., D~h: " L 1<1 h? /D'j<i-/.,' c (,V )....."'i _. Fil" PERMIT NO. <: l. .l ..' ~ L-/ pormit EXl'ifotioo Dof;,:~-' '....--.< ..... go .c " ~""~l--l.,-!)..,J ['..AoE" ("'" N!Jp '~:J.-J - . ~ f r:. ... ~. ......... t.. ,J _, ..... 'I ..-,/..,,:. - - . ..'/ I /7,..'1 . ".' '('L::.~. ..;..:.:".. ,') '.. __-I'I',r.. '; "';:r7/...-~ ~.;"''-.''~-~;j.'~:' i ... /\.1' T fi ~;....I.!".J . "'''':>~-~"'"~';' . (.:o(..'-I,,).....~ L' - .-I'.v':.':. (;.0;;;' _ P<1llT.j'I,;:,~ T <:..~.~.~. '/.; ".' '. .... / ~J [.~,',_ j}~ ~:.. J (_J: --:.J.: -=- ( l . cc:: -cOn~tr...etrcn~ Ccshi-er, Building 11\~{n<;I.iQO'l. '~IS~r..i~1n9 Er"IIflc:H F0RM.F.R n2: cp,:;:':V.'1.I7,1-0S101 8-11 Attachment 3 - 1977 County of San Diego Grading Permit 8-12 ., COUNTY OF SAN DIEGO COUNTY OPERATIONS !:ENTER PHONE 278-9200, EXT. 528 or 537. ,. ;> . e ,- ., GRAD! NG PERMIT COUNTY ENGINEER DEPARtMEN:T . 5555 OVERLAND AVE., BLDG. 2 SAN OIEGO, CAL1FO~N1A 92123 .: .. ,) , . :THIS fORM WHEN PROPERLY. VALJD~~EG'<BY SiGNATURE IS A PERMIT TO DO THE WORK. DESCRIBED. THE PERMIT IS 'vALID FOR A (12) MONTHS ~ERJOD. ALL WORK AUTHORIZED MUST CONFORM TO COND1TIO.NS OUTLINED IN THE SAN DIEGO COUNTY EXCAVATION AND GRADING ORDINANCE, DIVI~ION 7, TITLE B. OF THE SAN DIEGOCOUNTYCO~E.' ' (FOR APPLICANT TO COMPLE.TE) (FOR COUNTY USE ONLY E ES ED S. R 0 FEES AMOUNT PL-A"N CHECK ( PERMIT srRuer. PLAir'CHEC!< C::OS~ ESTIMATE Ie:. '. \. BOND . \ ~ I~'~ ~.^SH DEPOSIT ;l.06(J(j <00 OTH ER PERMITS SPECIAL USE PERMIT NO. BLDG, PERMIT NO. . T. M. NO. OTHER -'!GEi'iCY {IDENTIFY} PERMIT NO. .) SP<='CIAL CONDITIONS WHICH ARE MADE A PART OF THIS PERMIT NO S ISIN.G ENGINEER: PHONE: A/O.E 7E IMPORT/ WASTE CUBIC YAROSOH SITE CUT FILL NON CoNFcR/YI//f/? S:-f'EC//!/... . Sf? I HEREBY ACKNOWLEDGE THAT J HAVE READ THE APPLICATION AND STATE THAT THE INFORMATION I HAVE PROVIDED.IS CORRECT AND AGREE TO'COMPLY WITH ALL COUNTY 'ORDINANCES AND STATE LAWS REGULATING EXCAVATING AND GRADING, AND THE PROVISIONS AND CONDITIONS OF ANY. PERMIT ISSUED. PURSUANT TO THIS APPLICATION. /'?Et>1 .r SIGNA TURE OF PERMITTEE OR AUTHORIZED AGENT -At? , ',j '1 ! INS PECTlON DATE- INSPEC.TOR PI." API"...' D.;.,,~<:J - /1-/9?'8 . ::RMlftRJ,~ D..., 6~>Z'f-77 ~.nnit EJIl:pf~lltiQn Dol.."~ I' fJ olJ13 Rough Gr.;u1i119 C<lmpoction Report R"c'd Final C.rtlfic:ation Compl..t~d PERMIT NO. Origin<d _' Fi I.. Co?'t' _ p.f1'hirt." L6844 "'4 ';ifi "." (, c:c:: Con-$tTuc:tion, CGshillr, Building I".pecti~, Supervising Engi""r l FOAM ER 732 (REV. 7/7o.aS70) . 8-13 Attachment 4 - Instrument of Credit for Grading, dated July 6, 1977 8-14 j / [ , if . INSTf(Ul-lIoNT OF CREDIT. ' For Grading Pursuant to Section 87.208(b) of 'the San Diego County Code ,1...:1'0 L - 0 t...I' "./' 'r. n f I -iJi l~ . ao -.- 'roCP-. ,.1.1f:.4-" LV' dJ' , ]...,,~ f'''IC~ ~..,u- ~, 8' Do C(\-g.1315J5.. ,',?U1YG~ \' ';'!&O~ .., " 11 '\ :\.-.... lYHEREAS, UNITED ENTERPRISES, INC., 1007 Fifth Avenue, San DiaR'" Calif. 92101 ' " (Permittee) ! '.D. - - ~ - - - - - - - - - - - - - - - - - - - - - - - , has filed o:l:~ ",ith the County Engineer of Siln Diego County an upplication for a pe.rHlit to perform excavation or fill 'work3 or .both, within the unincorporated a~ea of the County of Sun Diego, more spedfically described in the application for the grad- ing.p~rmit,. upon real prop"Bx"ty ~:)\Jned'by said permittee knmm as Lots and portions of lots numbered 32, 33, 34, 35, 36. 37, }8, 39 '& 42, 43. 44 and 45 of the Otay Rancho in the Co. 0 in ac~ordance ,;ith the provisions or the San Diego, County Code; and, " ' ." \ '<;.. tJ ~'Ii' <,' ';;'.0:::.-0. "/.' .' "',; , \;IIEREAS, WELLS FARGO BANK, N..B.A. - 0'-'--' uk:> \ . "~'..,.;"": ' " ...., ,hereinafter referr"ed to as financial institution,. is a financial institution subj ec.t to regulation by the state or rederal 'gov'ernment and said fi.'1ancial institution by this instrument of credit pledges tha't the funds specified herein are on deposit in a trust ftmd and said' funds are ,~aranteed for payment, NO\~ THEREFORE, /,- ITlS AGREED by and be--tlveen' the permit'bee' and th~ fina~dal"in~titu-tion;' in order ,to' gille.assurance to the County of San Diegothat:said gradingl:lill.,!>_e completed in , compliance with the requirements "or Divisioil 7 or, Title 8 of, the San Diego County Code" in compliance with all terms and conditio~s of th~ grading permit> and within the time iimit specified in said grading permit; that said financial institut'ion has on deposit th", sum of $ 20.000.00 , which shall be paid out only as, hereinafter provided. , , " , The trust fund shall not be terminated by reason of the death, dissolution, in- solvency; or bankruptcy of the permittee and/or the financial institlltion issuing this instrument' of credit. The trust fund shall not be terminated and/or cancelled by , reason or the, subsequent annexation and/or inCfJ1'poration of any or all, of the real pro- perty into a city or other public entity., )! ' , '" . . . . ..:. '\ '...... .--; - .... The financial. institution agrees to hold tne money hereinabove pledged to have been ,deposited'in the trust rind, and to make payment from the trust, fund onl,y as follm.;s: I, In the event that the financial institution receives notice from the County Engineer or the Board of Supervisors' of the County of San Diego' that the grading has not been co;npleted in compliance ,;ith the require- " ments of D.ivision 7 of Title 8 of the Sa'n Diego County Code and the, terms and conditions of the, grading permit or that the grading has not been ',,, ,- 'complete'd 1-lithiri the time limit specified'in said permit, together with a demand 'for paymen,t of the money held in the trust f:"1lnd, or any portion thereof, the rinancia;l irrstitution s,hall pay the amount demanded to'the County of San Diego, and.pay the ren:aining balance, if any, to the per- : . mittee~ .. 2. In the event that.th~ fin~ncial institution receives notice from the County Engineer' or the Board or Supervisors of the County of San Diego that the gradiTIg has been completed in compliance with the requirements ( \. I 8-15 ! l I ! 1 , .- .. "~:~.1. ~ )~ ,.- ; , i. .' . .. of Division 7 of Title 8 of the San Diego County Code and.the terms ,lOd conditions of the grading permit and has been. completed lvithin the time limit specified ~n the grading permit, together with. a request for release of the trust fun~> the.financial institution shall pay the entire amount of the trust fund to the permittee. authorized and. directed to issue this instn;me~t ';f credit to the County of . the effect that the undersigned financial instit"ution holds the aforesaid. .', irrevocable t;-ust [-und for the aforesaid purposes. You are Siln Diego to ;U:T.)lmt in an , 1 i I j I I Accepted: Dated: July 6, 1977 Asst. oTreas. (STATE R FEDE~~L REGULATED FINANCIAL INSTI~ .. TunON) COUNTY OF SAN. DIEGO .:.~ By '- .R. .J. '.MASSMAN . County Engineer , , '. President By .. ,. . ,. \ Ac1.-novledgments or execui60Ji of the permittee and financial. institution ll\ust be attached. ~ r } 55. . .. . >; 5TATE OF c._UFORNH COUNTY OF_11MLlli:EGO On~ 6. 1 q77 befete me. the umll:f:o:i~n~J. .. :-;'olarf Purllie in and for :<aid County and State. 11I:r!>OMIl)" appeared Robert Newell . known 10 me to lIe: Ihe_~_rre:<iden[. and Jo.c;"p- B~ek- ", known 10 me :0 be ~5st -.T.r::.eiil.SUil<earary of the corporarion thzl c::r.eruft'd Ihe ""ilhin tn:<lrmnent, l.:nown 10 me to be the i'C,rsons ,,'h? exe",ul~d the within ln~trumenl on hl"~a1f or the ...orpor~IJOn .lhereln named., a~d :l.rknowJt'dl=rd 10 me: that such corporatIOn e~~clltcd. the withIn in~trumC:l'\t pursuanf ro its by.la......s or .a resoluhon. of Its board of directors. FOR NOTARY SEAL OR STAMP ~ " :; '= c . ;; ;; ~ ;; U ..; ~ .; o -. -.. '" . ~u; :i 7l~ t!~ Nancy C. Jones ~an-lt' fTypr-d or Printcdl NnlUY Pul/lie in and (or !'<lid COUrlt)' and Stal~ Si~nalurc 8-16 '. ,.q....'. .. ....,,(~,... WELLS FARGO BANK.N.A. .San Die:;o 650 OFFICE San Die!;o CALIFORNIA. ~ N(t650.:oo7677 ( .. ( ". ~' July 6, 1977 c , United EnterpriEies, Inc. * {} *"* * * * * *.* * -~"* * * * * HAS DEPOSITED IN THIS BANK ~lenty tho;'~~hd'- .- -no/loo DOLlA,RS $ 20,000.00.. " ..,~E TO THE ORDER Of r.mmt.y of' ~An rn pI'n UPON PRESENTATION AND ~URRENOER OF THIS CERTIFIcATE PROPERL _ ,...$!:.D 9(') rl;ry~ AFTER DATE. IF PRESENTMENTlS NOT MADE WITHIN TEN (10) DAYS AFTER DATE OR ANY SUBSEQUEN . ~,ry DATE. THE MATURllY Of "THIS CERTIFICATE SHALL AUTOMATICALLY BE RENEWED FOR SUCCESSIVE PERIODS OF 90 c:1~r . :~'$l COMPUTED Ol'l A 365 DAY BASIS FROM oAlE SHALL BE PArD q...2T-l;:'i?....~,. AT THE RATE OF. 5 ~ ~O PERCENT 'PER ANNU . c :'~'f TO TH~ DEPOSI!OR. THIS BANK ~ESERVES THE RJGKT TO REDEEM THIS CERTifiCATE ON THE ORIGINAL OR 'ANY SUBSEQUENT MATtlR . ~ ~:>qN AT lEAS~ THIRTY (30l DAYS wnn:EN NOTICE !O THE OWNER OF RECORD PRIOR T HE BEGINNING OF SUCH l;:XTENSION OF MATURITY -' .. ,......-.-..- ";'::. - ~ ~.'; ~ . ,'""CATE OF DEPOSIT - WITH AUTOMATIC ...__ SUBJECT TO CH"CJ: RENEWAL PROViSION <, . '. ., DEPOSITOR: .'" . )oro"l PRTI7":;' ~....... CERTIFICATE NUMBER: ;..r' AGREEMENT FOR TIME CERTIFICATE OF DEPOSIT - PAYABLE TO: ~o:m+y nf S.", D.ic"v To: VVELLS FARGO BANK.N..A. ~O~ p;~:1' 15;;0 .om"" I In consideration of your issuing to the undenigned your Time Certificate of Deposit in the amount of $?O J fYl()~ payable to r-mlTl7;y of ,l:."',;ln Die~o . '. Uvve. jointly atld severally, agree: ! 1~ That said Certificate sh..lt mature ---3.D-days after date of is:s~anc:e: - I 2. That, If not redeemed within .10 days.after" maturity, the due date shall be automatically e:t.tended for liI<:e successive periods; .' . . . .,. r'" d by II 3: That said Certificate and this agreflment _shall be: ~bject "to an~ COnditiOns or Imitations Impose iJ present .and future lallVS. rule.s and re9~ratlon'S apphcllble 1hereto.. . 4. That said Certificate shall bear rnterest at the rate bof t~.~.() k % p~:n;a~~~r~~~b~~=ie~~v ~~~~~~ ~~:~n~~~h{~::~~s~~o~i~~i~~~~\j~~~t~~.~~~~~~o t~e e~te~~ ne~~ssa('{ to comply with any law, rule. or regulation iJPplic<lble to said Certifi.:atesJ; ~ That this agreement may be terminated upon the bank ing to the ?w~er record, at least 30 days 5. prior to i:!ny maturitY or extended maturity, written .. of cn termma ( DT1l2 (12/73l .11395 Autllorlzed Signature ..j ~, '. ,I ~ 8-17 ,I. . f \\, \ .. ,t: -/ .. " . . . . Narill!: .j Address: Corporate Resolution Dated: see Date: Arnount: Opened by: Date Cased: ./ O. "' .. . ..." . TtME CERTIFICATE OF DEPOSIT PAYABLE TO Co~ty sf ~an Diebo Zip Coda: Reason: ..- ~ ----'--~.. ...--- .------ . .. . .. .. ~. 8-18 . " 1 -;/ -;PY n .~~. ~ '. ., Attachment 5- Covenants Recorded by Rimrock 8-19 RECORDING REQUEST BY: City Clerk WHEN RECORDED MAIL TO: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 Above Space for Recorder's Use DECLARATION OF COVENANTS OF OPERATION This Declaration of Covenants of Operation of the Otay Ranch PitIRock Mountain Mine ("Declaration") is made this _ day of 2008, by Rimrock CA LLC, a Delaware limited liability company, RR Quarry LLC, a Delaware limited liability company and Otay Valley Quarry LLC, a Delaware limited liability company (collectively "Declarant"). RECITALS A. Declarant (also referred to herein as "Rimrock" or "Mining Operator") owns the real property located in the City of Chula Vista ("City"), County of San Diego, State of California, which is . more particularly described on Exhibit A (referred to herein as the "Property" or "Vested Future Mining Area"), and is primarily located within a master planned community commonly known as the Otay Ranch Proj ect. B. Declarant owns and operates the Otay Ranch PitIRock Mountain Mine located at the eastern terminus oflvIain Street, within the City. C. Declarant conducts mining operations including excavation, materials processing storage and hauling (all such activities are herein described as "Mining Operations") within the Property. D. Land located in proximity to the Property is designated within the City's General Plan for open space, recreation, residential and commercial uses. E. Declarant desires to establish covenants, conditions and restrictions upon the Property and each and every portion thereof, which will constitute a standard of operations on the Property and for the use and enjoyment thereof, and for the purpose of enhancing and protecting the value, desirability and enjoyment of the Property. NOW, THEREFORE, Declarant hereby covenants, agrees and declares that all of the Property is, and shall be, held, conveyed, encumbered, hypothecated, leased, rented, used, occupied and improved subject to the following limitations,covenants, conditions, and restrictions which are hereby declared and agreed to be in furtherance of the improvement, use, protection, maintenance and sale of all of the I 8-20 Property and all of which are declared and agreed to be for the purpose of enhancing, maintaining and protecting the value and attractiveness of the Property and every part thereof. All of the limitations, covenants, conditions, and restrictions, shall run with the land and shall be binding upon an inure to the . benefit of all parties having or acquiring any right, title, or interest in the Property or any part thereof, and shall be binding on and inure to the benefit of each successor-in-interest of such parties. Rimrock hereby declares that all of the Property described on Exhibit "A' shall be subject to this Declaration and has recorded the Declaration against the Property. Notwithstanding the foregoing, this Declaration is not deemed effective and shall not have created any binding covenants, conditions or restrictions unless and until such time as the City has affIrmed the vested future mining rights of the Otay Ranch PitJRock Mountain Mine within the boundaries of the Property. In the event, the City fails within thirty (30) days following recordation of this Declaration, to affIrm the vested future mining rights of the Otay Ranch PitJRock Mountain Mine within the boundaries of the Property,or the City's affirmation is for whatever reason nullified or overturned such that Declarant is found to have no vested future mining right, City shall, if requested by Declarant, immediately execute any and all documents reasonably requested by the Declarant to remove this Declaration as a matter of title for the Property. In such circumstance, the Declaration shall be considered null and void. COVENANTS OF OPERATION AIR QUALITY I. The Mining Operator shall implement best management practices to reduce the amount of fugitive dust generated from the Mining Operations, including but not limited to the following measures: a. Multiple applications of water during grading between dozer/scraper passes. b. Watering or chemical stabilization of unpaved internal roadways after completion of grading. / c. Use of sweepers or water trucks to remove "track-out" at any point of public street access. d. Termination of grading if winds exceed 25 mph. e. Stabilization of dirt storage piles by chemical binders, tarps, fencing, or other erosion control measures. f. Stock piles of crushed rock shall be kept moist, or watered before being loaded into haul trucks. g. The unpaved haul roads shall be watered at one hour intervals, ~nless the road appears visibly wet. h. Maximum speed of all vehicles on the haul roads shall be IS miles per hour. Speed sign shall be posted. i. Material processing equipment shall be operated in accordance with all conditions listed in the permit to operate the Mining Operation issued by the San Diego Air Pollution Control District. 2 8-21 NOISE 2. Upon issuance of the building permit for the fIrst residential development within 1,500 feet of an active Mining Operation or rock crushing activity, a noise mitigation plan shall be completed that identifIes any mitigation or modifIcations to operations as may be needed to limit noise levels" in order to be in compliance with the City's Municipal Code standards (19.86.030). . A letter, verifying compliance with this standard shall be prepared by a qualified acoustician and sent to the City's Director of Planning and Building for review and approval prior to the occupancy of the fIrst residential unit. 3. Once the fIrst residence is occupied within 1,500 feet from the outer perimeter of an active Mining Operation, Mine Operators (including mining and processing plant operations) shall confIrm that noise levels are in compliance with the noise standards set forth in the City's Municipal Code (19.68.030). 4. An exception to any hours of operation restriction may be made when an emergency exists for federal, state or local governmental contracts. Emergency extensions are limited and shall require review and approval by the City's Director of Planning and Building. Any restrictions to hours of operation would not include real emergencies (natinal disasters) as defIned in California . Environmental Quality Act, which require these uses to operate beyond the specific hours of operation. 5. Mine equipment maintenance can occur 24 hours per day, as long as such activity 1S m compliance with the noise standards set forth in the City's Municipal Code (19.68.030). OPER-\TIONS 6. All storage, service and repair areas shall be located on the site so that they are not visible, or shall be screened from adjacent development or designated circulation element roadways. 7. On road truck hauling shall be permissible 24 hours per day on designated truck routes. 8. The Property shall be maintained at all times in a neat, manner free of all junk, litter and debris. 9. All private outdoor lighting shall be shaded and adjusted to fall on the same premises where such lights are located and in accordance with the applicable regulations of the City's Municipal Code. 10. All operations shall be maintained in a safe and sanitary condition. In case of damage to public improvements of the City caused by these operations, the Mining Operator shall immediately repair the same or reimburse the City for doing so. Such damages shall be at the full cost, risk and responsibility of the Declarant and successors in interest. II. The Mining Operator shall establish and maintain for its Mining Operations a minimum' setback of 100 feet from the adjoining easterly property line. 12. The Mining Operator shall provide an acceptable fInancial assurance mechanism consistent with California State Law. 13. The Mining Operator shall install fences and provide warning/trespass signs along the active Mining Operations to comply with the applicable City Municipal Code. All perimeter fencing shall be retained until post-reclamation development of the Mining Operation site occurs. 3 8-22 14. Blasting shall be limited to the hours between 10 a.m. and 4 p.m. Blasting is only allowed after 4 p.m. if required for emergency safety purposes. If blasting is required after 4 p.m., the Mining Operator shall notify the City. 15. The Mining Operator shall retain a qualified blasting specialist to develop a site specific blasting program report to assess, control, and monitor noise and ground vibration from blasting, for any residences located within 1,000 feet of the mining operation. 16. The Mine Operator shall provide public notification of blasting schedule for residents within 1,000 feetofblasting. The Mine Operator shall give a monthly blasting schedule in writing to residences within 1,060 feet of potential blast locations. The notice shall disclose the anticipated blasting schedule and provide a contact phone number for the blasting contractor. Unscheduled changes to the blasting schedule will require the blasting schedule to be reissued no less than (24) hours prior to the blasting. GEOLOGY/SOILS 17. Should any areas experience sloughing, slumping or other slope failure be'yond the planned limits of mining, which failure is determined by the City to have been caused by mining activities, those areas shall be remediated in accordance with design parameters approved by the City. Construction, inspection and testing of those areas shall be performed by a geotechnical or civil engineer to verify compliance with the applicable design specifications and shall be paid for by the Mining Operator. 18. The Mining Operator shall implement the Best Management Practices as set forth in the applicable Storm Water Pollution Prevention Plan, including but not limited to the following: a. Vegetation removal shall not precede mining by more than 12 months. b. Straw mulch shall be spread over revegetation areas after seeding/planting. c. Silt fencing shall be installed near the toe of any fill slopes with exposed (unvegetated) soil. d. Contour furrows (shallow ditches) shall be constructed or straw wattles (rice straw wrapped in tubular plastic netting) shall be placed along contour on final graded fill slopes to minimize runoff velocity and catch seeds transported in runoff. CUL TURALIP ALENTOLOGICAL RESOURCES 19. In the event that paleontological resources are discovered during land alteration activities, the mining crew shall immediately cease work in the vicinity of the find. A qualified paleontologist approved by the City shall be consulted to evaluate the resource, and a mitigation plan shall be prepared in accordance with local and Society of Vertebrate Paleontology guidelines. 20. Should any cultural resources, such as structural features, unusual amounts of bone or shell, artifacts, human remains, or architectural remains be encountered during any mining activities,. mining around the discovery shall be suspended and the City notified. A qualified archaeologist approved by the City shall be consulted to evaluate the resource, and a mitigation plan shall be prepared in accordance with City ofChula Vista protocol. 4 8-23 GENERAL 21. To the extent any provision of this Declaration conflicts with the provisions of any permits or approvals, from any state, federal, or county agency, including any Reclamation Plan approved by the City, the more restrictive provisions shall control unless prohibited by law. Notwithstanding any other provision herein, the Mining Operations shall be subject to and comply with all applicable State and Federal laws and regulations, as well as, other applicable City Municipal Code Sections pursuant to its police powers. 22. The consent of the City shall be required for any amendment to this Declaration or any provision thereof. In the event an amendment is requested, the City shall submit the request to the City Manager for decision. The City Manager shall approve or disapprove any proposed amendment within thirty (30) days . . of submittal of such amendment to the City Manager. 23. The City shall have the right, but not the obligation, to enforce by any proceedings at law or in equity, all restrictions, conditions, or covenants now or hereafter imposed by this Declaration or any amendment thereto, including the right to prevent the violation of such restrictions, conditions, or covenants, and the right to recover damages and attorney fees, for such violation. Failure of the City to enforce any covenants, or resrrictions herein contained shall in no event deemed a waiver of the right to do so thereafter. MSCP CONSISTENCY 24. Immediately upon approval of any reclamation plan and/or reclamation plan amendment, Declarant shall satisfy the same preserve conveyance requirements for developable lands as set forth in the Otay Ranch Resource Management Plan Phase 1 and 2 ("RMP") for all areas within the reclamation plan boundaries as shown conceptually on Exhibit "B," excluding those areas within the Amended Reclamation Plan Boundary as approved November 3, 2005. Declarant, its successors or assigns, shall convey land within the RMP Preserve in accordance with the provisions of the RMP at a ratio of 1.188 acres of preserve land for every acre of land within the Reclamation Plan as described above. To the extent that Declarant or its successors or assigns, obtains future land use approval to develop all or any portion of the land within an approved reclamation plan(s) with land uses that would otherwise trigger an RMP preserve conveyance obligation, the preserve lands already conveyed pursuant to this obligation shall be deemed a credit toward such conveyance obligation or may be used to meet the conveyance obligation for any other project within Otay Ranch. It is specifically understood that the existing boundaries of the November 3, 2005 Amended Reclamation Plan Boundary (referred to herein as "rock quarry") which were not included in the Otay Ranch General Development Plan, are not subject to the R.t\ilP conveyance obligation described above, provided however, should said rock quarry have a change in its current vested nonconforming use (the use as of the date of this Declaration) that change in use shall comply with all applicable City policies, requirements and provisions. Notwithstanding anything stated herein, Declarant agrees to comply with all provisions related to restoration of preserve lands within the November 3, 2005 Amended Reclamation Plan Boundary. 25. Declarant, regardless of any rights it may have, shall not conduct any mining activities whatsoever on land within the Vested Future Mining Area that is designated as Multiple Species Conservation Program (MSCP) 100% Conservation areas ("Preserve") as shown on Exhibit "C". Declarant agrees that 'said land shall be governed by the City's Subarea Plan and shall apply for and receive approval of a preserve boundary adjustment in accordance with the City's MSCP Subarea Plan prior to any mining activity being conducted within the 100% Conservation areas ("Preserve"). Once said land has received a boundary line adjustment, then the mining activity may proceed in accordance with an 5 8-24 approved Reclamation Plan. Declarant agrees that it shall take responsibility for a breach, if any, to the City's Implementation Agreement or the MSCP Subarea Plan that results from its activities. This provision shall not apply to any Preserve land that is already included within the apprqved November 3, 2005 Amended Reclamation Plan Boundary. Immediately upon approval of the Amended Reclamation Plan, Declarant shall install and maintain bio-fencing around the perimeter of these preserve areas, as shown on Exhibit "C", until such time as a boundary line adjustment is approved. 26. RMP Consistency: Declarant shall fully comply with all applicable provisions of the RMP, as may be amended from time to time. 27. MSCP Consistency. In the event that Declarant uses the City's take authorization pursuant to the City of Chula Vista's MSCP Subarea Plan, Declarant shall fully comply with all applicable provisions of the MSCP, as may be amended from time to time. 6 8-25 Exhibits 8-26 !EXHIBITI limits of 1973 Grading Permit A 8-27 I EXHBIBIT I Vested Future Mining Area 8-28 EXHIBIT "C" LEGAL DESCRIPTION BEING A PORTION OF PARCELS 1, 2, 3 AND 4 AND THE LAND DEPICTED AS "NOT A PART" ALL OF PARCEL MAP NO, 20264, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 01, 2007, BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 1; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 1 AND SAID PARCEL 3 SOUTH 18039'03" EAST, 4334,86 FEET TO THE NORTHERLY SIDELINE OF THE SAN DIEGO - CORONADO PIPELINE AS DEEDED TOTHE CITY OF SAN DIEGO IN BOOK 570, PAGE 113 OF DEEDS; THENCE LEAVING SAID EASTERLY LINE OF PARCEL 3, ALONG SAID NORTHERLY SIDELINE SOUTH 71009'11" WEST, 24,55 FEET TO THE BEGINNING OF A 320,00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 23041'15" A DISTANCE OF 132,30 FEET; THENCE SOUTH 47'27'56" WEST, 1010,59 FEET TO THE BEGINNING OF A 287,50 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAI D CURVE THROUGH A CENTRAL ANGLE OF 29048'41" A DISTANCE OF 149,59 FEET; THENCE SOUTH 77016'37" WEST, 503,98 FEET TO THE BEGINNING OF A 320,00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 44'38'51" A DISTANCE OF 249,36 FEET; THENCE SOUTH 32'37'46" WEST, 985,58 FEET; THENCE SOUTH 30'04'17" WEST, 76,51 FEET; THENCE LEAVING SAID NORTHERLY SIDELINE SOUTH 84011'08" WEST, 166,57 FEET; THENCE SOUTH 16023'00" EAST, 91,00 FEET; THENCE SOUTH 26000'00" WEST, 62,00 FEET; THENCE SOUTH 69014'00" WEST, 104,00 FEET; THENCE SOUTH 73'13'00" WEST, 109,00 FEET; THENCE NORTH 69'23'00" WEST, 82,00 FEET; THENCE NORTH 56'22'00" WEST, 31,00 FEET; THENCE SOUTH 80'22'00" WEST, 303,00 FEET; THENCE NORTH 62'25'00" WEST, 59,00 FEET; THENCE SOUTH 63029'00" WEST, 156,00 FEET; THENCE NORTH 72056'00" WEST, 60.00 FEET; THENCE NORTH 80'11'00" WEST, 135.00 FEET; THENCE NORTH 84025'00" WEST, 169,00 FEET; THENCE NORTH 58056'00" WEST, 198.00 FEET; THENCE NORTH 78009'00" WEST, 100.00 FEET; THENCE NORTH 47'34'00" WEST, 23,00 FEET; THENCE SOUTH 59030'00" WEST, 59.00 FEET; THENCE NORTH 77'27'00" WEST, 52,00 FEET; THENCE NORTH 57'49'00" WEST, 59.00 FE'ET; THENCE NORTH 77'50'00" WEST, 125.00 FEET; THENCE NORTH 28005'00" WEST, 44.00 FEET; THENCE NORTH 15049'00" WEST, 65,00 FEET; PAGE 1 OF 3 :d M:\2409\004\Legal Descrlplions\A01 Vested Mining Rights.doc WO 2409-04 12/9/08 8-29 THENCE NORTH 57045'00" WEST, 41.00 FEET; THENCE NORTH 71055'00" WEST, 29.00 FEET; THENCE NORTH 23005'00" EAST, 80.00 FEET; THENCE NORTH 57022'00" WEST, 85.00 FEET; THENCE NORTH 61009'00" WEST, 80.00 FEET; THENCE NORTH 64008'00" WEST, noo FEET; THENCE NORTH 49013'00" WEST, 125.00 FEET; THENCE NORTH 54003'00" WEST, 112.00 FEET; THENCE NORTH 58053'00" WEST, 133.00 FEET; THENCE NORTH 56000'00" WEST, 323.00 FEET; THENCE NORTH 57019'00" WEST, 92.00 FEET; THENCE NORTH 54038'00" WEST, 128.00 FEET TO A POINT ON THE WESTERLY LINE OF SAID PARCEL 4; THENCE LEVING SAID WESTERLY LINE NORTH 12002'00" WEST, 126.50 FEET; THENCE NORTH 24057'00" EAST, 84.00 FEET; THENCE NORTH 18025'00" EAST, 191.12 FEET; THENCE NORTH 06020'00" EAST, 261.95 FEET; THENCE NORTH 16017'00" EAST, 35.00 FEET; THENCE SOUTH 17018'00" EAST, 111.00 FEET; THENCE NORTH 83022'00" EAST, 145.00 FEET; THENCE NORTH 87014'00" EAST, 116.00 FEET; THENCE SOUTH 28050'00" EAST, 23.00 FEET; THENCE SOUTH 10057'00" EAST, 63.04 FEET; THENCE SOUTH 64005'00" EAST, 16.46 FEET; THENCE SOUTH 64005'00" EAST, 23.50 FEET; THENCE SOUTH 88039'00" EAST, 43.00 FEET; THENCE NORTH 76059'00" EAST, 19.00 FEET; THENCE NORTH 20050'00" EAST, 107.00 FEET; THENCE SOUTH 86"27'00" EAST, 42.00 FEET; THENCE SOUTH 77047'00" EAST, 54.00 FEET; THENCE SOUTH 70025'00" EAST, 55.78 FEET; THENCE SOUTH 59029'00" EAST, 45.36 FEET; THENCE NORTH 89012'00" EAST, 33,00 FEET; THENCE NORTH 47"17'00" EAST, 27.00 FEET; THENCE NORTH 29007'00" EAST, 116.00 FEET; THENCE NORTH 22012'00" EAST, 132.00 FEET; THENCE NORTH 17040'00" EAST, 110,00 FEET; THENCE NORTH 10048'00" EAST, 106.00 FEET; THENCE NORTH 50049'00" EAST, 110.00 FEET; THENCE NORTH 38021'00" EAST, 44,00 FEET; THENCE NORTH 24038'00" EAST, 503.00 FEET; THENCE NORTH 16044'00" EAST, 54,00 FEET; THENCE NORTH 02010'00" EAST, 35.00 FEET; THENCE NORTH 18055'00" WEST, 56,00 FEET; THENCE NORTH 26050'00" WEST, 71.00 FEET;THENCE NORTH 14014'00" WEST, 63.00 FEET; THENCE NORTH 03038'00" WEST, 133,00 FEET; THENCE NORTH 60059'00" EAST, 44,00 FEET; THENCE NORTH 37010'00" EAST, 112.00 FEET; THENCE NORTH 17012'00" EAST, 62.00 FEET; THENCE NORTH 24029'00" EAST, 94.00 FEET; THENCE NORTH 32044'00". EAST, 120.00 FEET; THENCE NORTH 35007'00" EAST, 245,00 FEET; THENCE NORTH 34014'00" EAST, 51.00 FEET; THENCE NORTH 19034'00" EAST, 45.00 FEET; THENCE NORTH 04058'00" EAST, 35.00 FEET; THENCE NORTH 07025'00" WEST, 36.00 FEET; THENCE NORTH 14045'00" WEST, 77,00 FEET; THENCE NORTH 21022'00" WEST, 191.00 FEET; THENCE NORTH 11001'00" WEST, 20,00 FEET; THENCE NORTH 04004'00" EAST, 49,00 FEET; THENCE NORTH 25022'00" EAST, 50,00 FEET; THENCE NORTH 41041'00" EAST, 25.00 FEET; THENCE NORTH 56017'00" EAST, 238.00 FEET; THENCE NORTH 42023'00" EAST, 32,00 FEET; PAGE 2 OF 3 :d M:\2409\004\Legal Descrlptions\AOl Vested Mining Rights.doc WO 2409-04 12/9/08 8-30 THENCE NORTH 50'02'00" EAST, 91.00 FEET; THENCE NORTH 36'12'00" EAST, 180.00 FEET; THENCE NORTH 33'22'00" EAST, 63.00 FEET; THENCE NORTH 38'05'00" EAST, 146.00 FEET; THENCE NORTH 35'19'00" EAST, 133.00 FEET; THENCE NORTH 50029'00" EAST, 78.00 FEET; THENCE NORTH 60'01'00" EAST, 41.00 FEET; THENCE SOUTH 74023'00" EAST, 117.00 FEET; THENCE SOUTH 62052'00" EAST, 296.00 FEET; THENCE SOUTH 83001'00" EAST, 32.00 FEET; THENCE SOUTH 89004'00" EAST, 120.00 FEET; THENCE NORTH 81'49'00" EAST, 109.00 FEET; THENCE NORTH 75010'00" EAST, 75.00 FEET; THENCE NORTH 67"31'00" EAST, 39.00 FEET; THENCE NORTH 37'23'00" EAST, 68.00 FEET; THENCE NORTH 16054'00" EAST, 42.00 FEET; THENCE NORTH 00055'00" EAST, 67.00 FEET; THENCE NORTH 30007'00" EAST, 22.00 FEET; THENCE NORTH 62'41'00" EAST, 28.00 FEET; THENCE NORTH 70056'00" EAST, 57.00 FEET; THENCE NORTH 51'57'00" EAST, 23.00 FEET; THENCE NORTH 38035'00" EAST, 26.00 FEET; THENCE NORTH 10'32'00" WEST, 72.00 FEET; THENCE NORTH 15005'00" WEST, 114.00 FEET; THENCE NORTH 05'42'00" EAST, 81.00 FEET; THENCE NORTH 43048'00" EAST, 100.00 FEET; THENCE NORTH 00001'00" WEST, 297.00 FEET; THENCE NORTH 09024'00" WEST, 30.00 FEET; THENCE NORTH 01'54'00" EAST, 57.00 FEET; THENCE NORTH 16010'00" EAST, 35.00 FEET; THENCE NORTH 26059'00" EAST, 35.00 FEET; THENCE NORTH 40054'00" EAST, 55.00 FEET; THENCE NORTH 53023'00" EAST, 25.00 FEET; THENCE NORTH 64040'00" EAST, 127.00 FEET; THENCE NORTH 57033'00" EAST, 92.00 FEET; THENCE NORTH 51054'00" EAST, 227.00 FEET; THENCE NORTH 16008'00" EAST, 88.00 FEET; THENCE NORTH 07019'00" EAST, 43.00 FEET; THENCE SOUTH 73010'00" WEST, .150.00 FEET; THENCE NORTH 84055'00" WEST, 48.67 FEET TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL 1; THENCE ALONG SAID NORTHERLY LINE NORTH 49034'01" EAST, 358.34 FEET TO THE POINT OF BEGINNING. THE HEREINABOVE PARCEL OF LAND CONTAINS 371.063 ACRES MORE OR LESS. /rY~ ad /2-0?-2MtY DAVID W. AMBLER PLS.7322 HUNSAKER & ASSOCIATES SAN DIEGO, INC. PAGE 3 OF 3 :d M:\24C9\004\Legal DescriptlonslA01 Vested Mining Rights.doc WO 2409.04 12/9/08 8-31 EXHIBIT "e" Vl ~ r.> ~~ ~~ ~ Q::! a , '? -;. .::::- "):/ '":Y- / 'l.............. -"7 "J.'J. oJ;:> " Z- .0 Q~ \"" N~ Q" a ~ 4~ /} N ~ - \'0 0."1. - SAN DIEGO-CORONADO PIPELINE PER DEED TO THE CITY OF SAN DIEGO IN BOOK 570. PAGE T TJ RECORDED 6-24-T9T~ ~ /-C' .-<1 1.AJ --;I - it HUNSAKER & ASSOCIATES S ^ N C lEe 0, I ~ C. PlANNING 10m f-Iuennekem Stleet ENaNEERING San Diego, Ca 92111 SURVEYlNG PH{8S8)5SB-4SOO. FX(asa155a.1~14 R:\0676\&:Map\DP Mining Rights SHT 01.dwg()Oec-09-2008: 10:01 'H,O. 25-J66A 8-32 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AFFIRMING THE DETERMINATION BY THE COUNTY OF SAN DIEGO IN 1980 THAT THE OTA Y QUARRY OPERATION LOCATED AT THE EASTERN TERMINUS OF MAIN STREET, CHULA VISTA, WAS A VESTED LEGALLY NON-CONFORMING USE WHEREAS, RRQuarry, LLC; Rimrock CA LLC; and Otay Valley Quarry LLC (referred to collectively as "Rimrock") own and'operate the Otay Ranch PitIRock Mountain Mine, located at the eastern terminus of Main Street; and WHEREAS, the mine was originally located within the jurisdiction of the County of San Diego ("County") and was annexed into the City ofChula Visa in 1997; and WHEREAS, the County issued a Grading Permit (L6844), dated October 19, 1973, to conduct mining operations, however the permit did not specify the property subject to excavation but referred to the legal description in the grading plan to provide the legal description of the land under the permit, this land is depicted on Exhibit "A"; and WHEREAS, the County transferred Grading Permit L6844 to the new owners of the mining operation on August 24, 1977, which stated that the Permit was issued for a "nonconforming special use" and once again, the 1977 Grading Permit referred to the Grading Plan to provide the legal description ofthe land under the 1977 Permit; and WHEREAS, the new owners provided an instrument of credit for the 1977 Grading Permit that covered the same area described on the Grading Plan referred to by the 1973 and 1977 Grading Permit; and WHEREAS, on August IS, 1980, the County Planning Commission approved a Reclamation Plan for the mining operation covering portions of the land depicted on Exhibit "A" and all of the area shown on "Exhibit "B" and in its decision 'affirmed that the mining operation was a legal nonconforming use; and WHEREAS, the California Surface Mining and Reclamation Act of 1976, California Public Resource Section 2776, ("SMARA") provides that a vested right may be acquired for a mining operation if either a permit or other authorization was required for such activity and it was obtained prior to January 1, 1976; or if mining was conducted without a permit, it was pursuant to an existing legal nonconforming use as of January 1, 1976; and WHEREAS, Rimrock contends that they have a vested right, under SMARA, to mine the property that is depicted as the "Vested Future Mining Area" on Exhibit" B" because of the 1973 Grading Permit issued by the County and because mining operations commenced in or around 1948; and J:\AttomeyIRESOLUTIONSIPLANi'lINGWesled Rights final_\2.16.08_dQc 8-33 Resolution No. 2008- Page 2 WHEREAS, Rimrock is requesting that the City Council affirm the County's decision that it has a legal nonconforming use with respect to only the area depicted as the "Vested Future Mining Area" on Exhibit "B", which is smaller than the area covered under the 1973 and 1977 Grading Permits but is within all of the area covered under the 1980 County Planning Commission's decision of vested use; and WHEREAS, Rimrock has agreed to relinquish any and all vested rights, it may have, to operate and expand its mining operations on any property other than that area shown as the "Vested Future Mining Area" on Exhibit "B" and legally described on Exhibit "C"; and WHEREAS, a noticed public hearing was held on December 16, 2008, and evidence of the County's determination of Rimrock's vested right to operate a mine was presented to the City Council; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act ("CEQA") arid 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, so no environmental review was necessary. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Chula that it affirms the County of San Diego's determination that Rimrock's mining operation over the area depicted on Exhibit "B" and legally described on Exhibit "C", attached hereto and incorporated herein by this reference, was a legal nonconforming use under SMARA, provided however, any and all mining activities shall be subject to all applicable State and Federal laws and regulations, as well as, other applicable City Municipal Code provisions pursuant to its police powers. Presented by: Approved as to form by: L-/"~d L~)~ Bart C. Miesfeld !/ City Attorney Gary Halbert, AICP Director of Planning & Building J:\Attomey\RESOLUTIONS\PLANNrNG\Vested Rights Final_12. \6.08.dac 8'-34 I EXHAIBIT I limits of 1973 Grading Permit 8-35 I EXHBIBITI Vested Future Mining Area 8-36 EXHIBIT "C" LEGAL DESCRIPTION BEING A PORTION OF PARCELS 1, 2, 3 AND 4 AND THE LAND DEPICTED AS "NOT A PART" ALL OF PARCEL MAP NO. 20264, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 01, 2007. BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL'1; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 1 AND SAID PARCEL 3 SOUTH 18039'03" EAST, 4334.86 FEET TO THE NORTHERLY SIDELINE OF THE SAN DIEGO - CORONADO PIPELINE AS DEEDED TO THE CITY OF SAN DIEGO IN BOOK 570, PAGE 113 OF DEEDS; THENCE LEAVING SAID EASTERLY LINE OF PARCEL 3, ALONG SAID NORTHERLY SIDELINE SOUTH 71009'11" WEST, 24.55 FEET TO THE BEGINNING OF A 320.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 23041'15" A DISTANCE OF 132.30 FEET; THENCE SOUTH 47027'56" WEST, 1010.59 FEET TO THE BEG.INNING OF A 287.50 FOOT RADIUS. CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID Cl)RVE THROUGH A CENTRAL ANGLE OF 29048'41" A DISTANCE OF 149.59 FEET; THENCE SOUTH 77016'37" WEST, 503.98 FEET TO THE BEGINNING OF A 320.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 44038'51" A DISTANCE OF 249.36 FEET; THENCE SOUTH 32037'46" WEST, 985.58 FEET; THENCE SOUTH 30004'17" WEST, 76.51 FEET; THENCE LEAVING SAID NORTHERLY SIDELINE SOUTH 84011'08" WEST, 166.57 FEET; THENCE SOUTH 16023'00" EAST, 91,00 FEET; THENCE SOUTH 26000'00" WEST, 62.00 FEET; THENCE SOUTH 69014'00" WEST, 104.00 FEET; THENCE SOUTH 73013'00" WEST, 109.00 FEET; THENCE NORTH 69023'00" WEST, 82.00 FEET; THENCE NORTH 56022'00" WEST, 31,00 FEET; THENCE SOUTH 80022'00" WEST, 303.00 FEET; THENCE NORTH 62025'00" WEST, 59.00 FEET; THENCE SOUTH 63029'00" WEST, 156.00 FEET; THENCE NORTH 72056'00" WEST, 60,00 FEET; THENCE NORTH 80011'00" WEST, 135,00 FEET; THENCE NORTH 84025'00" WEST, 169.00 FEET; THENCE NORTH 58056'00" WEST, 198.00 FEET; THENCE NORTH 78009'00" WEST, 100.00 FEET; THENCE NORTH 47'34'00" WEST, 23.00 FEET; THENCE SOUTH 59030'00" WEST, 59.00 FEET; THENCE NORTH 77027'00" WEST, 52,00 FEET; THENCE NORTH 57'49'00" WEST, 59.00 FEET; THENCE NORTH 77050'00" WEST, 125.00 FEET; THENCE NORTH 28005'00" WEST, 44.00 FEET; THENCE NORTH 15049'00" WEST, 65.00 FEET; PAGE 1 OF 3 :d M:\2409\004\Legal Oescrlptions\A01 Vested Mining Rights.doc WO 2409-04 1219108 8-37 THENCE NORTH 57045'00" WEST, 41.00 FEET; THENCE NORTH 71055'00" WEST, 29.00 FEET; THENCE NORTH 23005'00" EAST, 80,00 FEET; THENCE NORTH 57022'00" WEST, 85.00 FEET; THENCE NORTH 61009'00" WEST, 80.00 FEET; THENCE NORTH 64008'00" WEST, 7700 FEET; THENCE NORTH 49013'00" WEST, 125,00 FEET; THENCE NORTH 54003'00" WEST, 112.00 FEET; THENCE NORTH 58053'00" WEST, 133.00 FEET; THENCE NORTH 56000'00" WEST, 323.00 FEET; THENCE NORTH 57019'00" WEST, 92.00 FEET; THENCE NORTH 54038'00" WEST, 128,00 FEET TO A POINT ON THE WESTERLY LINE OF SAID PARCEL 4; THENCE LEVING SAID WESTERLY LINE NORTH 12002'00" WEST, 126.50 FEET; THENCE NORTH 24057'00" EAST, 84.00 FEET; THENCE NORTH 18025'00" EAST,' 191.12 FEET; THENCE NORTH 06020'00" EAST, 261.95 FEET; THENCE NORTH 16017'00" EAST, 35,00 FEET; THENCE SOUTH 17018'00" EAST, 111.00 FEET; THENCE NORTH 83022'00" EAST, 145,00 FEET; THENCE NORTH 87014'00" EAST, 116.00 FEET; THENCE SOUTH 28050'00" EAST, 23.00 FEET; THENCE SOUTH 10057'00" EAST, 63,04 FEET; THENCE SOUTH 64005~00" EAST, 16.46 FEET; THENCE SOUTH 64005'00" EAST, 23.50 FEET; THENCE SOUTH 88039'00" EAST, 43.00 FEET; THENCE NORTH 76059'00" EAST, 19.00 FEET; THENCE NORTH 20050'00" EAST, 107.00 FEET; THENCE SOUTH 86027'00" EAST, 42.00 FEET; THENCE SOUTH 77047'00" EAST, 54.00 FEET; THENCE SOUTH 70025'00" EAST, 55,78 FEET; THENCE SOUTH 59029'00" EAST, 45.36 FEET; THENCE NORTH 89012'00" EAST, 33.00 FEET; THENCE NORTH 47017'00" EAST, 27.00 FEET; THENCE NORTH 29007'00" EAST, 116.00 FEET; THENCE NORTH 22012'00" EAST, 132.00 FEET; THENCE NORTH 17040'00" EAST, 110,00 FEET; THENCE NORTH 10048'00" EAST, 106.00 FEET; THENCE NORTH 50049'00" EAST, 110.00 FEET; THENCE NORTH 38021'00" EAST, 44,00 FEET; THENCE NORTH 24038'00" EAST, 503,00 FEET; THENCE NORTH 16044'00" EAST, 54.00 FEET; THENCE NORTH 02010'00" EAST, 35.00 FEET; THENCE NORTH 18055'00" WEST, 56,00 FEET; THENCE NORTH 26050'00" WEST, 71.00 FEET;THENCE NORTH 14014'00" WEST, 63.00 FEET;THENCE NORTH 03038'00" WEST, 133.00 FEET; THENCE NORTH 60059'00" EAST, 44,00 FEET; THENCE NORTH 37010'00" EAST, 112.00 FEET; THENCE NORTH 17012'00" EAST, 62.00 FEET; THENCE NORTH 24029'00" EAST, 94,00 FEET; THENCE NORTH 32044'00" EAST, 120.00 FEET; THENCE NORTH 35007'00" EAST, 245.00 FEET; THENCE NORTH 34014'00" EAST, 51.00 FEET; THENCE NORTH 19034'00" EAST, 45.00 FEET; THENCE NORTH 04058'00" EAST, 35.00 FEET; THENCE NORTH 07025'00" WEST, 36.00 FEET; THENCE NORTH 14045'00" WEST, 77,00 FEET; THENCE NORTH 21022'00" WEST, 191.00 FEET; THENCE NORTH 11001'00" WEST, 20.00 FEET; THENCE NORTH 04004'00" EAST, 49.00 FEET; THENCE NORTH 25022'00" EAST, 50.00 FEET; THENCE NORTH 41041'00" EAST, 25.00 FEET; THENCE NORTH 56017'00" EAST, 238.00 FEET; THENCE NORTH 42023'00" EAST, 32.00 FEET; PAGE 2 OF 3 :d M:\2409\004\Legal Descrjptions\J1.01 Vested Mining Rights.doc WO 2409-04 12/9/08 8-38 THENCE NORTH 50002'00" EAST, 91.00 FEET; THENCE NORTH 36012'00" EAST, 180.00 FEET; THENCE NORTH 33022'00" EAST, 63.00 FEET; THENCE NORTH 38005'00" EAST,. 146.00 FEET; THENCE NORTH 35'19'00" EAST, 133.00 FEET; THENCE NORTH 50029'00" EAST, 78.00 FEET; THENCE NORTH 60001'00" EAST, 41.00 FEET; THENCE SOUTH 74023'00" EAST, 117.00 FEET; THENCE SOUTH 62052'00" EAST, 296.00 FEET; THENCE SOUTH 83001'00" EAST, 32.00 FEET; THENCE SOUTH 89004'00" EAST, 120.00 FEET; THENCE NORTH 81'49'00" EAST, 109.00 FEET; THENCE NORTH 75010'00" EAST, 75.00 FEET; THENCE NORTH 67"31'00" EAST, 39.00 FEET; THENCE NORTH37023'00" EAST, 68.00 FEET; THENCE NORTH 16054'00" EAST, 42.00 FEET; THENCE NORTH 00055'00" EAST, 67.00 FEET; THENCE NORTH 30007'00" EAST, 22.00 FEET; THENCE NORTH 62041'00" EAST, 2800FEET; THENCE NORTH 70056'00" EAST, 57.00 FEET; THENCE NORTH 51057'00" EAST, 23.00 FEET; THENCE NORTH 38035'00" EAST, 26.00 FEET; THENCE NORTH 10032'00" WEST, 72.00 FEET; THENCE NORTH 15005'00" WEST, 114.00 FEET; THENCE NORTH 05042'00" EAST, 81.00 FEET; THENCE NORTH 43048'00" EAST, 100.00 FEET; THENCE NORTH 00001 '00" WEST, 297.00 FEET; THENCE NORTH 09024'00" WEST, 30.00 FEET; THENCE NORTH 01054'00" EAST, 57.00 FEET; THENCE NORTH 16010'00" EAST, 35,00 FEET; THENCE NORTH 26059'00" EAST, 35.00 FEET; THENCE NORTH 40054'00" EAST, 55.00 FEET; THENCE NORTH 53023'00" EAST, 25.00 FEET; THENCE NORTH 64040'00" EAST, 127,00 FEET; THENCE NORTH 57033'00" EAST, 92.00 FEET; THENCE NORTH 51054'00" EAST, 227-00 FEET; THENCE NORTH 16008'00" EAST, 88.00 FEET; THENCE NORTH 07019'00" EAST, 43.00 FEET; THENCE SOUTH 73010'00" WEST, 150.00 FEET; THENCE NORTH 84055'00" WEST, 48.67 FEET TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL 1; THENCE ALONG SAID NORTHERLY LINE NORTH 49034'01" EAST, 358.34 FEET TO THE POINT OF BEGINNING. THE HEREINABOVE PARCEL OF LAND CONTAINS 371.063 ACRES MORE OR LESS. /~~ aIL /2.o~.z~o8 DAVID W. AMBLER P,L.S, 7322 . HUNSAKER & AssociATES SAN DIEGO, INC. PAGE 3 OF 3 :d M:\2409\004\Legal Descrlptions\A01 Vested Mining Rights.doc 'NO 2409-04 12/9/06 8-39 EXHIBIT "C" U) ~ ,.. '" ;;;~ ~~ to. Q:l a , '"7 --- ~J::> '")/ / ""'0.-- - - '7 ')~ 'O'y- , Z- o Q:l '\ to.- Q:l a .r::> 4/i' \'-J "-\. - \'-J 0' - SAN DIEGO-CORONADO PIPELINE PER DEED TO THE CITY OF SAN DIEGO IN BOOK 570, PAGE 113 RECORDED 6-24-1912 .r::> .-</ ^ . ~j'." J..;! - ..L. Ifa HUNSAKER & ASSOCIATES S ... N 0 lEe 0, I H C: I'lANN1NG 10m f-tucrrnekem Stlel.!t fNQNEERING San Diego, Ca 92121 SUl\VEYlNG PH(BS8)S.'iil-4500. FX(as.8)55lI-14H R: \0676\&:Mop\DP Mining Rights SHT 01.dwg[ ]Oec-09-2008: 10: 01 W.O. 25-366A 8-40 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AI'~ INDEMNIFICATION AJ'ID RELINQUISHN1ENT OF RIGHTS AGREEMENT BY AND BETWEEN THE CITY OF CHULA VISTA AND RIMROCK CA LLC WHEREAS, Rimrock CA LLC, RR Quarry, LLC and Otay Valley Quarry LLC (referred to collectively as "Rimrock") own and operate the Otay Ranch Pit/Rock Mountain Mine, located at eastern terminus of Main Street; and WHEREAS, the mine was originally located within the jurisdiction of the County of San Diego ("County") and was annexed into the City ofChula Visa in 1997; and WHEREAS, the County issued Rimrock a Grading Permit (16844), dated October 19, 1973, to conduct mining operations, ho~ever the permit did not specify the property. subject to excavation but referred to the legal description on the grading plan to provide the legal description of the land under the permit; and WHEREAS, the County transferred Grading Permit L6844 to the new owners of the mining operation on August 24, 1977, which stated that the Permit was issued for a "nonconforming special use" and once again, the 1977 Grading Permit referred to the legal description on the Grading Plan to provide the legal description of the land under the 1977 Permit; and WHEREAS, the new owners provided an instrument of credit for the 1977 Grading Permit that covered the same area described on the Grading Plan referred to by the 1973 and 1977 Grading Permit (Exhibit A); and WHEREAS, on August IS, 1980, the County Planning Commission approved a Reclamation Plan for the mining operation for portions of the area identified under the 1973 and 1977 Grading Permits and in its decision affirmed that the mining operation was a legal nonconforming use; and WHEREAS, the California Surface Mining and Reclamation Act of 1976, California Public Resource Section 2776, ("SMARA") provides that a vested right may be acquired for a mining operation if either a permit o~ other authorization was required for such activity and it was obtained prior to January 1, 1976; or if mining was conducted without a permit, it was pursuant to an existing legal nonconforming use as of January I, 1976; and WHEREAS, Rimrock contends that they have a vested right to mine under SMARA by the 1973 Grading Permit issued by the County and because Rimrock commenced mining operations in or around 1948; and J:;Allomey\RESOLUT10l"'S'PLA:'Il,aNG\V""led Rights Indemnity Final_I:. \6.08.doe 8-41 Resolution No. 2008- Page 2 WHEREAS, Rimrock requested that the City Council affirm the County's decision that it has a legal nonconforming use with respect to only a portion of the area covered under the 1973 and 1977 Grading Permits but is within all of the area covered under the 1980 County's Planning Commission determination of vested use; and WHEREAS, Rimrock has agreed to relinquish any and all vested rights, it may have, to operate and expand its mining operations on any property other than that area shown as the "Vested Future Mining Area" on Exhibit "B" and legally described on Exhibit "C" attached to this Resolution; and WHEREAS, 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, so no environmental review was necessary. NOW THEREFORE, BE IT RESOLVED by the City Council of the City ofChula that it approves the Indemnification and Relinquishment of Rights Agreement dated December 16, 2008, by and between the City of Chula Vista and Rimrock CA LLC, RR QuarryLLC, and Otay Valley Quarry, LLC. Presented by: Approved as to form by: Gary Halbert, AICP Director of Planning & Building V~~lLf~~ Bart C. Miesfeldt City Attorney J:\Anomey\RESQLUTIONSIPLANNlNGWeslcd Rights Indemnity Final 12.16.08.doc - 8-42 I EXHIBIT I limits of 1973 Grading Permit A 8-43 I EXHIBIT I Vested Future Mining Area B . 8-44 EXHIBIT "C" LEGAL DESCRIPTION BEING A PORTION OF PARCELS 1, 2, 3 AND 4 AND THE LAND DEPICTED AS "NOT A PART" ALL OF PARCEL MAP NO. 20264, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 01, 2007. BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 1; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 1 AND SAID PARCEL 3 SOUTH 18039'03" EAST, 4334.86 FEET TO THE NORTHERLY SIDELINE OF THE SAN DIEGO - CORONADO PIPELINE AS DEEDED TO THE CITY OF SAN DIEGO IN BOOK 570, PAGE 113 OF DEEDS; THENCE LEAVING SAID EASTERLY LINE OF PARCEL 3, ALONG SAID NORTHERLY. SIDELINE SOUTH 71009'11" WEST, 24.55 FEET TO THE BEGINNING OF A 320.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 23041'15" A DISTANCE OF 132.30 FEET; THENCE SOUTH 47027'56" WEST, 1010.59 FEET TO THE BEGINNING OF A 287.50 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 29048'41" A DISTANCE OF 149.59 FEET; THENCE SOUTH 77016'37" WEST, 503.98 FEET TO THE BEGINNING OF A 320.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 44038'51" A DISTANCE OF 249.36 FEET; THENCE SOUTH 32037'46" WEST, 985.58 FEET; THENCE SOUTH 30004'17" WEST, 76.51 FEET; THENCE LEAVING SAID NORTHERLY SIDELINE SOUTH 84011'08" WEST, 166.57 FEET; THENCE SOUTH 16023'00" EAST, 91.00 FEET; THENCE SOUTH 26000'00" WEST, 62.00 FEET; THENCE SOUTH 69014'00" WEST, 104.00 FEET; THENCE SOUTH 73013'00" WEST, 1 09.00 FEET; THENCE NORTH 69023'00" WEST, 82.00 FEET; THENCE NORTH 56022'00" WEST, 31.00 FEET; THENCE SOUTH 80022'00" WEST, 303.00 FEET; THENCE NORTH 62025'00" WEST, 59.00 FEET; THENCE SOUTH 63029'00" WEST, 156.00 FEET; THENCE NORTH 72056'00" WEST, 60.00 FEET; THENCE NORTH 80011 '00" WEST, 135.00 FEET; THENCE NORTH 84025'00" WEST, 169.00 FEET; THENCE NORTH 58056'00" WEST, 198.00 FEET; THENCE NORTH 78009'00" WEST, 100.00 FEET; THENCE NORTH 47034'00" WEST, 23.00 FEET; THENCE SOUTH 59030'00" WEST, 59.00 FEET; THENCE NORTH 77027'00" WEST, 52.00 FEET; THENCE NORTH 57"49'00" WEST, 59.00 FEET; THENCE NORTH 77050'00" WEST, 125.00 FEET; THENCE NORTH 28005'00" WEST, 44.00 FEET; THENCE NORTH 15049'00" WEST, 65.00 FEET; PAGE 1 OF 3 :d M:\2409\004\Legal Descrlptions\A01 Vested Mining Rights.doc WO 2409-04 1219/08 8-45 THENCE NORTH 57045'00" WEST, 41.00 FEET; THENCE NORTH 71055'00" WEST, 29.00 . FEET; THENCE NORTH 23005'00" EAST, 80.00 FEET; THENCE NORTH 57022'00" WEST, 85.00 FEET; THENCE NORTH 61009'00" WEST, 80.00 FEET; THENCE NORTH 64008'00" WEST, 77.00 FEET; THENCE NORTH 49013'00" WEST, 125.00 FEET; THENCE NORTH 54003'00" WEST, 112.00 FEET; THENCE NORTH 58053'00" WEST, 133.00 FEET; THENCE NORTH 56000'00" WEST, 323.00 FEET; THENCE NORTH 57019'00" WEST, 92.00 FEET; THENCE NORTH 54038'00" WEST, 128.00 FEET TO A POINT ON THE WESTERLY LINE OF SAID PARCEL 4; THENCE lEVING SAID WESTERLY LINE NORTH 12002'00" WEST, 126.50 FEET; THENCE NORTH 24057'00" EAST, 84.00 FEET; THENCE NORTH 18025'00" EAST, 191.12 FEET; THENCE NORTH 06020'00" EAST, 261.95 FEET; THENCE NORTH 16017'00" EAST, 35.00 FEET; THENCE SOUTH 17018'00" EAST, 111.00 FEET; THENCE NORTH 83022'00" EAST, 145.00 FEET; THENCE NORTH 87014'00" EAST, 116.00 FEET; THENCE SOUTH 28050'00" EAST, 23.00 FEET; THENCE SOUTH 10057'00" EAST, 63.04 FEET; THENCE SOUTH 64005'00" EAST, 16.46 FEET; THENCE SOUTH 64005'00" EAST, 23.50 FEET; THENCE SOUTH 88039'00" EAST, 43.00 FEET; THENCE NORTH 76059'00" EAST, 19.00 FEET; THENCE NORTH 20050'00" EAST, 107.00 FEET; THENCE SOUTH 86027'00" EAST, 42.00 FEET; THENCE SOUTH 77047'00" EAST, 54.00 FEET; THENCE SOUTH 70025'00" EAST, 55.78 FEET; THENCE SOUTH 59029'00" EAST, 45.36 FEET; THENCE NORTH 89012'00" EAST, 33.00 FEET; THENCE NORTH 47"17'00" EAST, 27.00 FEET; THENCE NORTH 29007'00" EAST, 116.00 FEET; THENCE NORTH 22012'00" EAST, 132.00 FEET; THENCE NORTH 17040'00" EAST, 110.00 FEET; THENCE NORTH 10048'00" EAST, 1 06.00 FEET; THENCE NORTH 50049'00" EAST, 110.00 FEET; THENCE NORTH 38021 '00" EAST, 44.00 FEET; THENCE NORTH 24038'00" EAST, 503.00 FEET; THENCE NORTH 16044'00" EAST, 54.00 FEET; THENCE NORTH 02010'00" EAST, 35.00 FEET; THENCE NORTH 18055'00" WEST, 56.00 FEET; THENCE NORTH 26050'00" WEST, 71.00 FEET;THENCE NORTH 14014'00" WEST, 63.00 FEET; THENCE NORTH 03038'00" WEST, 133.00 FEET; THENCE NORTH 60059'00" EAST, 44.00 FEET; THENCE NORTH 37010'00" EAST, 112.00 FEET; THENCE NORTH 17012'00" EAST, 62.00 FEET; THENCE NORTH 24029'00" EAST, 94.00 FEET; THENCE NORTH 32044'00" EAST, 120.00 FEET; THENCE NORTH 35007'00" EAST, 245.00 FEET; THENCE NORTH 34014'00" EAST, 51.00 FEET; THENCE NORTH 19034'00" EAST, 45.00 FEET; THENCE NORTH 04058'00" EAST, 35.00 FEET; THENCE NORTH 07025'00" WEST, 36.00 FEET; THENCE NORTH 14045'00" WEST, 77.00 FEET; THENCE NORTH 21022'00" WEST, 191.00 FEET; THENCE NORTH 11001'00" WEST, 20.00 FEET; THENCE NORTH 04004'00" EAST, 49.00 FEET; THENCE NORTH 25022'00" EAST, 50.00 FEET; THENCE NORTH 41041'00" EAST, 25.00 FEET; THENCE NORTH 56017'00" EAST, 238.00 FEET; THENCE NORTH 42023'00" EAST, 32.00 FEET; PAGE 2 OF 3 :d M:12409\004\Legal Oescriptions\l\01 Vested Mining Rights.doc WO 2409-04 12/9/08 8-46 THENCE NORTH 50002'00" EAST, 91.00 FEET; THENCE NORTH 36012'00" EAST,180.00 FEET; THENCE NORTH 33022'00" EAST, 63.00 FEET; THENCE NORTH 38005'00" EAST, 146.00 FEET; THENCE NORTH 35019'00" EAST, 133.00 FEET; THENCE NORTH 50029'00" EAST, 78.00 FEET; THENCE NORTH 60001'00" EAST, 41,00 FEET; THENCE SOUTH 74023'00" EAST, 117.00 FEET; THENCE SOUTH 62052'00" EAST, 296.00 FEET; THENCE SOUTH 83001'00" EAST, 32.00 FEET; THENCE SOUTH 89004'00" EAST, 120.00 FEET; THENCE NORTH 81049'00" EAST, 109.00 FEET; THENCE NORTH 75010'00" EAST, 75.00 FEET; THENCE NORTH 67031'00" EAST, 39.00 FEET; THENCE NORTH 37023'00" EAST, 68.00 FEET; THENCE NORTH 16054'00" EAST, 42.00 FEET; THENCE NORTH 00055'00" EAST, 67.00 FEET; THENCE NORTH 30007'00" EAST, 22.00 FEET; THENCE NORTH 62041'00" EAST, 28.00 FEET; THENCE NORTH 70056'00" EAST, 57.00 FEET; THENCE NORTH 51057'00" EAST, 23.00 FEET; THENCE NORTH 38035'00" EAST, 26.00 FEET; THENCE NORTH 10032'00" WEST, 72.00 FEET; THENCE NORTH 15005'00" WEST, 114.00 FEET; THENCE NORTH 05042'00" EAST, 81.00 FEET; THENCE NORTH 43048'00" EAST, 100.00 FEET; THENCE NORTH 00001 '00" WEST, 297.00 FEET; THENCE NORTH 09024'00" WEST, 30.00 FEET; THENCE NORTH 01054'00" EAST, 57.00 FEET; THENCE NORTH 16010'00" EAST, 35.00 FEET; THENCE NORTH 26059'00" EAST, 35.00 FEET; THENCE NORTH 40054'00" EAST, 55.00 FEET; THENCE NORTH 53023'00" EAST, 25.00 FEET; THENCE NORTH 64040'00" EAST, 127.00 FEET; THENCE NORTH 57033'00" EAST, 92.00 FEET; THENCE NORTH 51054'00" EAST, 227.00 FEET; THENCE NORTH 16008'00" EAST, 88.00 FEET; THENCE NORTH 07019'00" EAST, 43.00 FEET; THENCE SOUTH 73010'00" WEST, 150.00 FEET; THENCE NORTH 84055'00" WEST, 48.67 FEET TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL 1; THENCE ALONG SAID NORTHERLY LINE NORTH 49034'01" EAST, 358.34 FEET TO THE POINT OF BEGINNING. THE HEREINABOVE PARCEL OF LAND CONTAINS 371.063 ACRES MORE OR LESS. /~~ dd /2-o~-2<Jo8 DAVID w. AMBLER P.L.S.7322 HUNSAKER & ASSOCIATES SAN DIEGO, INC. PAGE 3 OF 3 :d M:\2409\004\Legal Descriptions\A01 Vested Mining Rights.doc WO 2409-04 12/9108 8-:-47 EXHIBIT "e" Vl \2 ,... f:l ~~ ~~ .-0 4r-;; -^j - - II HUNSAKER & ASSOCIATES > ^ N 0 lEG 0, I ~ C. PlANNING 1017"1 HI.leI1lle.kern: Stleet fNGINmtNG San Diego, Ca 92121 SURVEYING PH(asa)Ssl!-4soo. FX(asa1558.1414 R\0675\kMap\DP Mining Righls SHT OI,dwg(]Dec-Q9-2008: 10:0i W.O. 25-365A 8-48 N t1~ Cl , '7 ---. '>):> )?/ ",--- - - '7 ')'J. "6'";/ - Z- G ,J} '\ N- o:} Cl I:':l -l. - \~ QJ. SAN DIECO-CORONADO PIPELINE PER DEED TO THE CITY OF SAN DIECO IN BOOK 570. PACE //3 RECORDED 6-24-/912 .-0 4"" -^j -<:! THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL ~ 11 ," it /~~JJ,,~ Barte. Miesfeld Ci City Attorney Dated: /&/11/031 Indemnification and Relinquishment of Vested Rights Agreement between Rimrock CA, LLC, RR Quarry, LLC, Otay Valley LLC, and the City of Chula Vista ! 8-49 RECORDING REQUEST BY: City Clerk WHEN RECORDED MAIL TO: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 Above Space for Recorder's Use INDEMNIFICATION and RELIQUISHMENT OF VESTED RIGHTS AGREEMENT This Indemnification and Relinquishment of Rights Agreement ("Agreement") is entered into to be effective as of December 16, 2008, by and between Rirnrock CA, LLC, a Delaware limited liability company, RR Quarry, LLC, a Delaware limited liability company and Otay Valley LLC, a Delaware limited liability company (referred to herein collectively as "Rimrock") and the City of Chula Vista, a political subdivision of the State of California ("City"). RECITALS A. Rimrock owns the real property located in the City as more particularly described and shown on Exhibit "A" (the "Property"), which is located within a master planned community commonly known as the Otay Ranch Project. B. Rimrock owns and operates the Otay Ranch PitIRock Mountain Mine ("Mine") located on tbe Property at the eastern terminus of Main Street, within the City. C. The Property was originally located within the jurisdiction of the County of San Diego ("County") and was annexed into the City in 1997. D. Rimrock contends that it has a vested right to operate and expand its mining operations within portions of the Property, described as the "Vested Future Mining Area" on Exhibit "B". E. Rimrock has provided the City with the following information, along with other evidence, to substantiate its claim that it has a legal non-conforming use to operate a mine within the Future Mining Area: 8-50 . On October 19, 1973, the County issued Grading Permit L6844 to conduct mining operations. The Grading Permit did not specify the property subject 'to excavation but referred to a grading plan to provide the legal description of the land under the permit. The Grading Plan was also designated L6844. . In 1977, Grading Permit L6844 was transferred to the new owners of the mining operations. The re-issued grading permit, dated August 24, 1977, stated that it was issued for a "nonconforming special use." Once again, the 1977 Grading Permit referred to the Grading Plan to provide. the legal description of the land under the 1977 Permit.' New security was posted for the 1977 Grading Permit which covered the same property described in the Grading Plan for the 1973 and 1977 Grading Permits. . On August 15, 1980, the County's Planning Commission approved a Reclamation Plan for the mining operations. In its decision, the Planning Commission confirmed that the mining operation was a legal nonconforming use and the Reclamation Plan described the property to which the Reclamation Plan applied, which property description included all of the Vested Future Mining Area. F. Rimrock has requested that the City affirm the County's determination that it has a vested mining right to operate and expand its mining operations within the Vested Future Mining Area in order to provide clarity with respect to its rights to mine within the Vested Future Mining Area. G. The City considered Rimrock's request to affirm the County's determination that it has a vested mining right to operate and expand its mining operations within the Vested Future Mining Area in order to provide Rimrock with clarity with respect to said rights. NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Rimrock and City agree as follows: ARTICLE 1 Indemnification 1.1. Indemnification. Rimrock and each of the property owners for which this Agreement is recorded against (said Property described on Exhibit "A" and jointly referred to in this paragraph as "Indemnitor") shall solely and jointly be responsible to defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against any and all claims, causes of action, demands, suits, actions or proceedings, judicial or administrative, for writs, orders, injunction or other relief, damages,. liability, cost and expense (including without limitation attorneys' fees) arising out of, connected with or incidental to the City's actions in affirming .the County's determination with respect to its vested rights as a legal nonconforming use or from any and all City action, conduct or matter arising therefrom or related thereto, 8-51 1.2. Defense. Inderrmitor's inderrmification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents or employees in defending against such claims, whether the same proceed to judgment or not. Further, Indemnitor, at its own expense, shall upon written request by the City, defend any such suit or action brought against the City, its officers, agents or employees. Upon Inderrmitee exercising such option to tender a defense, Indemnitee shall reasonably cooperate in the defense of such action. At its sole discretion, the City may participate, at its own expense, in the defense of any such action, but such participation shall not relieve Indemnitor of any obligation imposed by this Agreement. If the City decides not to tender its defense .to Indemnitor, City and Indemnitor each agree to reasonably cooperate with each other in the defense of such action. City shall have the right to propose to end litigation by settlement. City agrees to notify the Indemnitor of its desire to settle. Each party shall cooperate in good faith in any said settlement negotiations. Notwithstanding the foregoing, the City shall have the to settle with respect to its involvement in any such litigation provided however the Inderrmitor may continue to pursue its rights as a party to the litigation and Indemnitor shall have the same obligations to indemnify the City pursuant to this paragraph. In no ev~nt however, shall the City have the right to enter into a settlement agreement that would specifically give up any property right or vested right owned by Inderrmitor or its related entities without Inderrmitor's written approval. Nothing herein shall obligate the City to grant or exercise its discretion on any matter which the City has a right to exercise such discretion, in order to implement the terms and conditions of a settlement agreement. ARTICLE 2 Relinquishment of Rights 2.1. Relinquishment of Ri"hts. Rimrock agrees to waive and relinquish any claims to vested rights it may have as a legal nonconforming use to operate and expand mining operations or any other related activities, including operating a quarry or processing plant within any portion of the Property other than that portion described as the Vested Future Mining Area on Exhibit "8". 2.2. General Release. Rimrock acknowledges the risk that, subsequent to the execution of this Agreement, claims which were unknown or unanticipated may be discovered, incurred or suffered, including but without limitation, unknown or unanticipated claims which if known may have materially affected the decision to enter into this Agreement. Rimrock nonetheless desires to enter into this Agreement and hereby waives, relinquishes and discharges any such claim, and waives, relinquishes and discharges all rights under Section 1542 of the Civil Code of California. It is further understood and agreed that all rights under Section 1542 ofthe Civil Code of California and any similar law of any state or territory of the United States or other jurisdiction are hereby expressly waived. Said section reads as follows: 1542. GENERAL RELEASE - CLAIMS EXTINGUISHED. A GENER<\L RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT Kt~OW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, 8-52 WHICH IF KNOWN BY IDM MUST HAVE MATERIALLY AFFECTED IDS SETTLEMENT WITH THE DEBTOR. ARTICLE 3 General Provisions 3.1. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of California: 3.2. Effective Date. The terms and conditions of this Agreement shall be effective as of the date this First Amendment is approved by the City Council. 3.3. Counterparts. This'Agreement may be executed in any number of counterparts each of which shall be original and all of which shall constitute one and the same document. 3A Entire Agreement. This Agreement embodies the entire agreement and understanding between the parties regarding the subject matter hereof, and any and all prior or contemporaneous oral or written representations, agreements, Entitlements, understandings and/or statements shall be of no force and effect. 3.5. Recitals. Exhibits. The recitals set forth above and the attached exhibits and Diagrams are incorporated by reference into this Agreement. 3.6. Authority of Signatories. Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions and/or actions or agreements have been taken so as to enable said signatory to enter into this Agreement on behalf of and to bind the real property owners for which this Agreement shall be recorded against. 8-53 SIGNATURE PAGE TO THE IDEMNIFICATION A..ND RELINQUISI-livIENT AGREEMENT IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first set forth above. Date: December 16, 2008 CITY OF CHULA VISTA By: Name: Title: Date: December 16, 2008 RIMROCK CA, LLC By: Name: Title: 8-54 Date: December 16, 2008 RR Quarry, LLC By: Name: Title: Date: December 16,2008 Otay Valley Quarry, LLC By: Name: Title: 8-55 EXHIBITS Exhibit A the Property (Legal Description) Exhibit B Vested Future Mining Area (Legal Description) 8-56 EXHIBIT" A" LEGAL DESCRIPTION f' - :;"7 CITY COUNCIL AGENDA STATEMENT ~\f.f:. CI1Y OF . ~ ~ (HULA VISTA Page 1, Item: 9 Meeting Date: 12-16-08 ITEM TITLE: CONSIDERATION OF A CONDITIONAL USE PERMIT, PCC-08-017, TO OPERATE THE SOUTH BAY SWAP MEET AT THE CRICKET AMPHITHEATER PARKING LOTS LOCATED AT 2050 ENTERTAINMENT CIRCLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONSIDERING THE ADDENDUM TO EIR- 95-03 AND APPROVING CONDITIONAL USE PERMIT PCC-08-017, TO OPERATE AN OPEN AIR SWAP MEET WITHIN THE PARKING LOTS OF THE CRICKET WIRELESS AMPHTHEATER LOCATED AT 2050 ENTERTAINMENT CIRCLE SUBMITTED BY:. Director of Planning and BuildiriJU- REVIEWED BY: ---- ""--j Interim City Manager / 4/STHS VOTE: YES D NO 0 SUMMARY Mr. Jose Eduardo Morfin of the South Bay Swap Meet (Applicant), and Mr. Thierry Gray, General Manager of Cricket Wireless Amphitheater (Property Owner) request approval ofa Conditional Use Permit to establish and operate the South Bay Swap Meet (Project) on the parking lots of the Cricket Wireless Amphitheater (Project Site) located at 2050 Entertainment Circle (see Attachment I, Locator Map). The proposed Project will consist of the establishment of an open-air Swap Meet to be held Saturdays and Sundays only in the parking lots of the amphitheater, and involving an estimated 400 vendors and 4,000 customers. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed Project for compliance with the California Environmental Quality Act (CEQA) and determined that the proposed Project was adequately covered in previously certified MCA Amphitheater Final Environmental Impact Report, EIR 95~03. The Environmental Review Coordinator determined that only minor 7-( Page 2, Item: 9 Meeting Date: 12-16-08 technical changes or additions to this document a~e necessary and that none of the conditions described in Section 15162 of the State CEQA Guidelines calling for the preparation of a subsequent Environmental Impact Report have occurred. Therefore, the Environmental Review Coordinator has prepared an addendum to EIR 95-03 (see Attachment 2, Addendum to EIR-95- 03). RECOMMENDATION That the City Council adopt the Resolution. BOARDS/COMMISSION RECOMMENDATION On November 19, 2008, the Planning Commission considered the proposed project. Following staffs presentation and public testimony, the Planning Commission recommended that the expiration date of the Conditional Use Permit be extended from one year to five years, and to require annual traffic control monitoring. The Planning Commission voted 6-0-0-1 to recommend that the City Council approve the Conditional Use Permit application, as amended. DISCUSSION Background On February 29, 2008, an application for a Conditional Use Permit, plans, and Project description were submitted by the Applicant to the City for review and analysis. The proposed Project Site is located at 2050 Entertainment Circle, within the parking lot located to the west of the existing Cricket Wireless Amphitheater. The amphitheater, known originally as MCA and Coors Amphitheater, was granted a Conditional Use Permit to operate in 1995, and opened in 1998. The amphitheater has operated successfully since 1998 in reliance on its Events and Management Plan, which addresses issues such as traffic circulation, security, neighborhood outreach, maintenance/recycling, noise monitoring, medical, and emergency response, among others. The Amphitheater management prepared this plan with input from organizations such as City of Chula Vista staff, CalTrans, the California Highway Patrol and the Chula Vista Chamber of Commerce. As part of the proposal for the amphitheater, a Conditional Use Permit to operate a Kobey's Swap Meet at the amphitheater parking lots was also approved in November 1995 for a 5-year term. The Kobey's Swap Meet was only in operation for a short period oftime and subsequently discontinued its operation due to lackofbusiness activity and vendor participation. Since the construction of the Amphitheater, tlfe surrounding area has experienced additional growth, such as the construction of the adjacent Knott's Soak City theme park, further development of the Auto Park in the vicinity of Main Street and 1-805, establishment of an off- road racing venue at Rim Rock Quarry to the northeast, and the development of the Ocean View Hills neighborhood southofthe Project Site in the City of San Diego. 'f. ') """ Page 3, Item: q Meeting Date: 12-16-08 Proiect Site Characteristics The Project Site is located within the existing Cricket Wireless Amphitheater, an open-air concert venue with a capacity of 20,000 patrons, which includes a band shell, fixed and lawn seating, concession and support facilities. The Project Site is part of a level portion of the south side of the Otay River Valley. The surrounding area includes the Otay River bed that runs east and west, approximately 400 feet to the north of the Project Site. This portion of the river is within the Otay Valley Regional Park, which continues to the east of the Project Site. To the north of the river are Main Street and an industrial area along Energy Way on top of a steeply sloping ridge. With the exception of the existing amphitheater, Water Park, and Rim Rock quarry, the valley is mostly undeveloped and supports native vegetation and riparian areas. To the northeast is Rock Mountain, which supports the existing quarry operations. A Conditional Use Permit to conduct six Championship Off-Road Racing events in 2008-2009 has been issued by the City in July 2008. Approximately 2,000 feet to the north, near the intersection of Main Street and Heritage Road, is the future entry to Otay Ranch Village 3. Village 3 is not yet developed and is envisioned as a transitional buffer between the Otay Landfill to the northwest, and existing open space and residential areas to the south and east. The Ocean View Hills neighborhood of the City of San Diego is located approximaiely 1,800 feet to the west and 1,400 feet to the south of the Project Site, on a steeply- sloping ridge overlooking the amphitheater (see Attachment 3, Aerial Photo). The Project includes a Swap Meet Vendor Area in the existing, paved and striped 800-space parking lot B immediately west of the amphitheater facilities. The lot is adjacent to the westerly entry and concession area for the amphitheater. The proposed vendor and sales activity would occur entirely within this parking lot. The Project will also utilize two adjacent existing parking lots, which will provide 2,840 parking spaces, including: . Lot A with 1,478 parking spaces, which is an unpaved lot located on the north side of Entertainment Circle and the proposed Project Site, . Lot C with 1,362 parking spaces, which is an un-paved lot located to the south of Entertainment Circle and the proposed Project Site, and . Lot D which is a paved lot located to the east of the amphitheater adjacent to Heritage Road, is not proposed to be utilized by Swap Meet customers or employees. Access to the Project and parking lots is taken from Entertainment Circle, a four-lane road that wraps around the amphitheater, connecting the Project Site in two places to Heritage Road. Entertainment Circle is also used to provide access to Knott's Soak City, which is to the west of the Project Site and the amphitheater. Heritage Road is a two-lane roadway running north and south from Main Street, leading south toward the City of San Diego and 1-905. There are stop controls at both ends of Entertainment Circle at Heritage Road, and Knott's Soak City Water (4 1- / - :;; Page 4, Item: '1 Meeting Date: 12-16-08 Park (See Attachment 4, Project Site Plan). General Plan and Zoning Designations The proposed Project is located in the East Main Street Subarea of the Chula Vista General Plan. This is an area that includes a variety of residential, commercial and industrial uses, such as the Auto Park, the residential neighborhoods in the vicinity of Brandywine Avenue on the west. On the east side, there is an industrial area along Main Street and Energy Way, and the Cricket Wireless Amphitheater/Knott's Soak City entertainment area. The Project Site is zoned Limited IndustriallPrecise Plan (ILP), and has a General Plan Land Use Designation of Limited Industrial (IL). The following table specifies the types of land uses surrounding the Project Site: Existing General Plan Land Use designations and Zoning , Project Site: General Plan Limited Industrial (IL) North Open Space (OS and aSP) Open Space (OS) South East Open Space and Open Space-Active Recreation (OSR) and Mixed Use Conunercial (MUC) Limited Industrial/Open Space (IL & OS) West Proiect DescriPtion Zonin~ Limited IndustriallPrecise . Plan (ILP) Limited Industrial (IL) N/A Existin~ Land Use Amphitheater Vacant Vacant in City boundaries/and single family residences in San Diego jurisdiction Vacant/future Otay Ranch Villages PC, Planned Conununity Limited IndustriallPrecise Plan (ILP) Water park and beyond single family residences The proposed Swap Meet would operate at the Cricket Wireless Amphitheater's westerly parking lot. Proposed days and hours of operation are Saturdays and Sundays only, between the hours of 7:00 am and 5:00 pm. Set up time will be from 7:00 a.m. to 8:15 a.m., and take down between 3:00 to 5:00 pm. It will be open to the public between 8:30 am to 3:00 pm. On days when the amphitheatre will be holding an event, the Project Site shall be vacated no later than 3:30 pm, in accordance with amphitheater management requirements. The Project will close early due to amphitheater events approximately ten (10) times annually. The proposed Project is expected to serve approximately 4,000 customers, of which 1,000 customers are expected to arrive by shuttle buses serving different pickup points. Vehicles will park in one of 2 existing parking lots with a total parking capacity of 2,840 spaces. Vendors will .,,' ,I 7rl1 Page 5, Item: r Meeting Date: 12-16-08 access the westerly parking lot off Entertainment Circle. Vendors will enter between the hours. of 7:00 am to 8:00 am. Customers will have access to parking lot A through the north and south entrances of Entertainment Circle beginning at 8:00 a.m. The proposed vendor area is anticipated to accommodate up to 400 vendors. Each vendor will use 2 parking spaces - one for vehicle parking and one for the sales and display of products. Twenty-foot wide, clearly marked driveways will be retained between all vendor stalls, for pedestrian use and emergency vehicle access into the vendor area. One emergency vehicle access is proposed for the west side of the Project Site. There will be no permanent construction or buildings associated with this Project. A 6 ft. high wrought-iron perimeter fence exists, that is maintained by the Amphitheater. Any tables, removable canopies, tents, display racks, merchandise, and vehicles must be completely removed from the premises at the close of business each day (see Attachment 4, Project Site Plan). Project Operations The Project will provide an opportunity for vendors of a variety of products and services, including sellers of new merchandise, product distributors, service providers, sellers of bulk food items, and those having a garage/cleanout sale. Each South Bay Swap Meet vendor will receive a packet that includes a seller's general information sheet, rules and regulations and traffic and parking management plan. Key regulations will restrict permanent structures, list prohibited . items, prohibit loudspeakers, and limit the food items sold by vendors to prepackaged foods such as breads. All available foods will be sold through the Cricket Wireless food concessionaire as per their contractual agreement with the Applicant. Prior to issuance of a seller's permit by the Applicant, the Applicant will require that vendors enter into an agreement to comply with the rules and regulations of the Project, and will require that each vendor obtain the appropriate permits, such as business licenses and tax certificates. The address of the Project Site - 2050 Entertainment Circle, Chula Vista, CA 91911 - must be included as the selling location on all seller' permits, business licenses, tax certificates and other permitting. The Applicant will also conduct fundraising from vendors to benefit community and non-profit organizations. Any concurrent special events at the Project Site will not be included under this Project, but will require a separate Temporary Outside Sales Event Permit application submittal, review and approval prior to commencement of the event. Traffic and Parking Control On-site traffic control and parking will be provided by the Applicant, and managed by the company servicing the Cricket Wireless Amphitheater (See Attachment 5, Parking Plan). On- site traffic control will be utilized at the entrances to each parking lot to safely direct incoming traffic, including vendors and customers of both the Project and Knott's Soak City to the appropriate parking areas. Off -site traffic control is presently not needed for Knott's Soak City, when no concerts are occurring. If there is a simultaneous Championship Off -Road Racing a. Page 6, Item: I. Meeting Date: 12-16-08 (CORR) event at the course located 0.5 miles east of the Heritage Road! Main Street intersection, Project traffic will be accommodated by CORR's off-site traffic control, which includes police officers at key intersections. Sign age The Applicant does not propose permanent or temporary business identification signage. As recommended by the Traffic Study, a total of five temporary directional signs will be placed at key locations along Heritage Road and Main Street to indicate where to access and depart from the Project and Water Park. The signs will be put out in the morning of the event and retrieved in the afternoon at the end of the day. Analvsis: Land Use Compatibility . General Plan Consistency The proposed Project Site includes the westerly parking lot adjacent to the westerly entrance to the amphitheater, and two adjacent parking lots. the Project Site has a General Plan Land Use Designation of Limited Industrial (IL), and the existing land use is the Cricket Wireless Amphitheater with its associated improvements. According to the General Plan, Section 10.4.4, . the Project Site is in the southwest comer of the 1,800 acres East Main Street Planning Area. The vision for the sub-area is that it be carefully planned and developed to avoid land use conflicts and to retain the desirability of existing neighborhoods and businesses. Residential neighborhoods within this area are located approximately 1-112 miles to the west in the vicinity of Brandywine Street. The General Plan vision encourages the expansion of uses that support the existing entertainment facilities. The General Plan also contains Policy LUT 70, related to commercial development in the East Main Street Planning Area. It states: "Develop and Improve the East Main Street Subarea to expand and establish commercial uses to serve residents and visitors. to increase City revenues; and to improve the area's appearance. " The proposed Project will provide commercial uses that will serve existing and future residents and visitors by providing a variety of commercial products. The business provides an additional economic benefit to the City by providing an incubator for small start-up businesses. Business license fees and sales tax will also generate City revenues. The General Plan also contains Policy LUT 70.2 that seeks to "Support the existing entertainment uses and expand their activities, to include compatible uses n. Staff considers the swap meet use as a secondary use that is associated with primary uses such as 7~b Page 7, Item: 9 Meeting Date: 12-16-08 stadiums, arenas and entertainment venues with large parking areas. The proposed Project would help to financially support the Cricket Wireless Amphitheater operations and increase public awareness and familiarity with the Amphitheater and the City of Chula Vista. . Zoning The Project Site is located within the Limited Industrial (ILP) Zone. Swap Meets are transient uses that are commonly found in large parking lots associated with entertainment complexes and stadiums. The City's Zoning Ordinance does not define the term "Swap Meet" or contain specific criteria regulating this type of uses. Therefore, a "Swap Meet" is a use that is considered an Unclassified Use in accordance with CVMC Section 19.54.020. An Unclassified Use is defined as a land use possessing characteristics of such unique and special form as to make it impractical to automatically include them in the classification of uses. This type of unclassified use requires approval of the City Council after review by the Planning Commission. The Project is considered unique because it is a temporary, secondary use to the primary use, the Amphitheater. The Amphitheater was originally approved as an Unclassified Use in 1995. The City also relied on this land use interpretation during consideration of the Kobey's Swap Meet Conditional Use Permit, which was approved on the same Project Site by the City Council in 1995, but has since expired. . AestheticsNisual Affects The General Plan identifies the Cricket Wireless Amphitheater as a landmark entertainment and recreational facility for the City. The Project Site is also adjacent to the Otay River, which is in a preserve area within the Otay Valley Regional Park. An important issue to be addressed is if the proposed use is visually compatible with adjacent land uses in the surrounding area, and with secondary gateways to the City of Chula Vista and Otay Ranch Village 3, due to potential visual affects of the Proj ecl. The aesthetic appearance of these important public resources should not be adversely affected by adjacent land uses. The Project proposes temporary shade canopies, tents and related equipment, which are very low profile in nature. The Proj ect has the potential to adversely affect the area's appearance with vendor's vehicles, shade canopies, ground coverings and litter. To analyze the potential visual impact, staff conducted an investigation of views of the Project Site from Main Street, Heritage Road, and Ocean View Hills, and further described below. . Primary and Secondary Gateways The General Plan identifies primary and secondary gateways to the City, for which special architectural, signage, and landscaping guidelines should be applied, that announce arrival to the City. Secondary gateways are significant roadways that link Chula Vista from adjacent communities, such as the City of San Diego. These gateways should provide travelers with a clear impression that they are entering the City of Chula Vista. Enhanced landscaping appropriate signage should occur at these gateways." The Project is located adjacent to an 9-7 Page 8, Item: '1 Meeting Date: 12-16-08 "unofficial" southeasterly gateway to the City - Heritage Road. Although Heritage Road is not specifically designated as a secondary gateway in the General Plan, it shares the same characteristics as one. The nearest primary gateway is the Interstate 1-805/Main Street/Auto Park gateway, which is 1.75 miles to the west of the project site. This gateway has been established by development and streetscape plans associated with recent developments such as the Crossings Shopping Center, expansion of the Chula Vista Auto Park, existing industrial uses along Main Street, and the Cricket Wireless Amphitheater. The Project Site is also located approximately 2,000 feet from the southerly entrance to Otay Ranch Village 3, east of Main Street and Heritage Road. Both of these gateways are also separated from the Project Site by the topography of the river valley. Because the Project Site is physically separated from these secondary gateways by distance and topography, they are not visible from the Project Site, and any potential visual affects caused by the Project would not impact these gateways. Due to the proximity of the Project Site to Heritage Road, it is important that the Project provides landmark quality landscaping and signage, and that the Project is aesthetically compatible with a City gateway. As visitors enter the City northbound from Heritage Road, to the west, they would see the existing Amphitheater and its established landscaping, signage and parking lots, which are attractive and well maintained. To the east, they would see the Otay River Valley and Regional Park. The Project will also be visible to some residents of the Ocean View Hills neighborhood who overlook the property. Because topographical differences allow the Ocean View Hills neighborhood to overlook the Project Site, the Project will be highly visible from a few homes, along witb views of the river valley, water park, amphitheater and industrial uses across the river valley, including the automobile recycling facilities on Energy Way. However, staff has concluded, as a result of the visual analysis, that the general public can only see the Project Site from a few public places, including an internal public street at the edge of the subdivision, and a small neighborhood park, which overlook the Project Site. The Project is an ephemeral activity, meaning the physical nature of the Project is that it goes up in the morning and is removed at the end of the day. Thus, the length of time that Project's facilities are in view is short-term in nature, helping to alleviate any visual impacts. The Applicant proposes an educational outreach litter program for the public and vendors in compliance with amphitheater management and the City. The Applicant will be required to leave the Project area clean throughout the event and at the end of each weekend event, and ensure that temporary shade canopies and tents are attractive and well maintained. Staff s visual analysis determined that the Project use would be low profile in nature, and largely screened from public views along the major circulation element roads by the amphitheater structure, mature landscaping around the parking lot, and native vegetation along the riverbed. Based on the visual analysis and temporary nature of the use, the Project is not considered to c (i :' -~ Page 9, Item: 9 Meeting Date: 12-16-08 have an adverse affect on visual resources or community character of the area. . Signage For unclassified uses such as this, the City Council has the authority to establish unique sign age ~tandards and provisions concurrent with approval of the Conditional Use Permit, per CVMC SectionI9.60.590 (F). The Applicant does not propose permanent or temporary business identification signage. However, to effectively better manage traffic and parking, the Applicant's traffic consultant recommends that temporary off-site signage be provided at certain key locations along Heritage Road as described in the study (See Attachment 5, Parking Study), to facilitate entry to the Project Site and prevent spillback of traffic onto Heritage Road. The proposed signage includes the installation of 24" x 36" colorplast signs mounted on traffic barricades, identifying the Project, Project Site entries, customers, employee and vendor parking lots. These temporary banner signs are only to be displayed 4 hours before, during and I hour after the event. The signs shall be constructed and displayed in accordance with the requirements of the Planning and Building Department and the approved parking plan, which will be based on the LL&G traffic study. Any additional signs that are not included in the Project. approval will require approval of appropriate sign permits or will be subject to a potential Code Enforcement action. Traffic and Parking . Traffic A traffic analysis dated September 3, 2008 was prepared by LL&G Associates for the Applicant to analyze potential impacts created by the proposed Project, including traffic generated by existing Knott's Soak City and interim CORR Races and impacts. LL&G found that the general Project use is unusual, with no published trip generation rates. Therefore, the consultant used data provided by the Applicant, and relied on their previous experience with similar Projects. The traffic volume data presented is based on maximum Project attendance, which would not typically occur until 6-12 months after opening. The Applicant anticipates 4,000 customers and 1,000 vendors and their employees would use the Project each day. This translates into 3,280 Average Daily Vehicle Trips (ADT), of which 22% (730) would occur in the morning peak period of 10-11 am, and 27% (890) would occur in the afternoon peak period of 2:00-3:00 pm. Most traffic would arrive and depart using Heritage Road to Main Sti'eet and I-80S, with a small percentage arriving from Heritage Road to I-90S. The existing ADT for Heritage Road is 8,810 north of the Project Site, and 6,970 south of the Project Site. The largest volume of traffic on Heritage Road is expected to occur while the Project, Knott's Soak City and CORR, are concurrently in operation, which would only be 2 weekends a year. This would increase total traffic to 11,470 ADT on Heritage Road north of the Project Site and 9--9 Page 10, Item: 9 Meeting Date: 12-16-08 7,670 ADT on Heritage Road south of the Project Site on these days. The corresponding Level of Service for the intersection of Heritage Road and Entertainment Circle North is Level of Service (LOS) B in the AM peak of 10-11 am, and LOS C in the PM peak of 2-3 pm. For Heritage Road and Entertainment Circle South, the LOS is C in the AM peak of 10-11 am, and LOS D in the PM peak of2-3 pm. According to the traffic study, CaRR traffic is not a significant issue since they have their own on and off-site traffic control, their AMlPM peak periods are different (gates open at 9 am and close at 7 pm), and most of the CaRR fans (except a maximum 350 VlP's) will use Energy Way! Main Street intersection to access the CaRR venue parking lots. The LL&G traffic study revealed no significant impacts from traffic generated by the Project, as the peak traffic generated by CaRR Races and Knott's Soak City will not all be occurring at the same time as the Project. In order to ensure a continuing. congruity with the existing event management plan of the amphitheater as well as the CaRR Races and Knott's Soak City, the Project is conditioned to comply with the specific recommendations of the LL&G traffic and parking study dated September 3, 2008. These include the requiring of a follow-up study after 6 months and one year, including an all-way stop sign warrant analysis, to determine if additional traffic control measures are warranted. According to the Engineering Department, existing Main Street and Heritage Road are adequate to handle the Project traffic at peak periods, with no additional traffic control. However they agree that the specific recommendations of the LL&G study should be included as conditions of approval of the Project. As conditioned, the addition of Project traffic would not significantly impact the flow of traffic on Heritage Road and Main Street during the AM/PM peak periods. . Parking The Project proposes a maximum attendance of 4,000 customers and 400 vendor spaces, which will generate 1,000 vendors and employees. The maximum demand for parking is estimated to be 1,200 customer vehicles and 400 vendor vehicles, while 1,000 of the 4,000 customers will arrive by shuttle bus. During Project operations there is unlikely to be any other activities occurring, and therefore most of the 2,840 parking spaces would be available. Knott's Soak City has access to three of its own parking lots, located to the west of the Project. Thus, the total parking demand for the Project will not exceed the amount of available parking. The LL&G traffic and parking study recommends that on-Project Site traffic control be provided to efficiently direct customer to there parking stalls to avoid spill-back of traffic onto Heritage Road. The Applicant has prepared a parking plan that states that parking will be Disneyland Style, which means that customers will be directed to park in the non-marked dirt parking lot A (North Dirt lot), and employees will park in Lot C (South Dirt Lot), with the assistance of parking attendants. Proposed parking lot staffing is estimated to include 9 attendants. '1 ~/{) Page 11, Item: q Meeting Date: 12-16-08 . Public Safety . Police The Police Department has reviewed the traffic report, and has expressed no concerns about the Project-related traffic or on-site traffic controL The Department does not have concerns because the Project will not operate at the same time as a concert, and also because the traffic consultant's recommendations will be included as conditions of approval of the Project, such as on-site traffic control and preparation of a parking management plan. The Police Department has researched calls for service for the Project Site's address for the years 2006-2008, and found that most of the CFS were related to the Amphitheater use. It also shows that reported criminal activity has dropped significantly from 2006 to the first half of 2008. It also shows that criminal activity at the Knott's Soak City is generally. lower than the Amphitheater. In order to reduce the possibility of increased calls for services (CFS) related to Project operations, such as vehicle burglary, auto theft, larceny, and disorder issues, the Police Department recommends preparation of a CFS monitoring report to include reported crimes, vehicle related accidents, and noise complaints, each six months. Ifthere is a significant increase in crime and disorder CFS, the Police Department would work with the Applicant to develop a plan to address the increases. The Department would like to review the results of the monitoring report prior to recommending approval of any future extensions of the Conditional Use Permit. The rules and regulations included in the vendor's agreement includes the prohibition of the following items: Ammunition, weapons, explosives, counterfeit merchandise, fireworks, alcoholic beverages, drugs or drug paraphernalia, mace, pepper spray, pornography, tobacco, stolen property, products which contain toxic materials or produce toxic emissions, odors, excessive noise, and items or equipment which create a fire hazard. The rules and regulations and prohibited items will be included as conditions of Project approval in the attached City Council Resolution, to facilitate enforcement. In conclusion, the Police Department recommends that the Project be approved for a limited time frame, and to include a monitoring program to track the CFS, and to iuclude the traffic consultant's recommendations as conditions of approval of the Project. . Fire The Fire Department has reviewed the Project and recommends that there be an open fire lane on the east side of the Project Site to allow fire access to the Amphitheater building structures during the Project operation. Also, clear fire truck access should be provided through the r".' " , 7-fl Page 12, Item: tf Meeting Date: 12-16-08 proposed gates on the west side of the Project Site, should a fire engine need to respond to a call in the middle of the Project. In addition, the Fire Department requires that clearance be maintained in front of existing fire hydrants, and that equipment not obstruct fire lanes. Flammable materials and equipment or products that could create a fire hazard or hazardous materials release should not be utilized on the Project Site. Placement of individual or groups of shade enclosures that together amount to an area larger than 400 square feet, and also the placement of individual or groups of tents larger than 200 square feet, would require approval of a fire permit. Temporary shade enclosures and tents need to be staggered at least 4 feet apart to deter the spread of fire. The above items will be included as conditions of approval of the Conditional Use Permit. . Noise Five noise complaints have been received for the Amphitheater site in the last 2-1/2 years, and only 3 are related to concerts. The proposed Project will operate only on the weekends with setup from 7:00-8:15 a.m, opening to public between the hours of 8:30 am and 3:00 pm, and break down between 3:00 and 5:00 p.m. The Project is conditioned to be in compliance with the City's Noise Ordinance and restricted from using loud speakers, amplifiers, and other noise - generating systems. Therefore, no adverse noise impacts not already addressed by Project conditions of approval are anticipated. Conclusion: Staff recommends approval of the Project because it is an Unclassified Use, which is permitted upon approval of a Conditional Use Permit that will include conditions of approval so that the Project will close prior to concerts, and will include traffic, and police calls for service monitoring programs. The Project implements General Plan policies regarding the East Main Street Planning Area, such as establishing commercial uses, and expanding activities related to and supportive of the existing entertainment uses. Thb Project will not have an adverse affect on visual resources or community character of the area, since the use is a temporary, ephemeral use, and the Project Site is screened from public view by existing structures and landscaping. The Project Site is easily accessible from all parts ofthe City, and the Project design and operational controls will ensure that the ingress and egress flow smoothly and efficiently. The initial term of the South Bay Project is recommended to be a period not to exceed five years. Any extension or renewal of the Conditional Use Permit could be considered pursuant to CYMC 19.14.260. Based on these findings, the Project will be compatible with, and not result in adverse impacts to the surrounding area. DECISION MAKER CONFLICTS Staff has reviewed the property holdings of the City Council members and has found no property holdings within 500 feet of the boundaries of the property, which is subject to this action. FISCAL IMPACT 4-Q { t". ,.i Page 13, Item: 9 Meeting Date: 12-16-08 There are no fiscal impacts to the City from the preparation of this report and the processing of the CUP. All costs are covered by the application deposit accounts. Approval of the Project . would result in additional revenues to the City generated by business license fees from vendors, and sales tax revenue from customers. Projects can have indirect benefits to the City and its residents, such as job creation, and to act as a testing grounds or incubators for small start-up businesses. ATTACHMENTS 1. Locator Map 2. Addendum to EIR-95-03 3. Aerial Photo 4. Project Site Plan 5. Parking Plan 6. Disclosure Statement J:IPlanning\Case files\fy-08\pcc\publichearingIPCC080 17_ cc _ as_doc 7~/3 II t\tloinSt :~ cn;t::>rt . '0mment \I I A?T4c../i.lv( (;;\JT 1- .:- 'i'.,;..". P[fUU~CT iOCATION . . ~~./\\ , , / 1/ ~G I '\ . , \\~. \.,~~ C HULA VISTA PLANNING AND BUILDING DE PARTM E NT LOCATOR PROJECT . PROJECT DESCRIPTlON: C) APPLICANT; Jose Eduardo Morfin MISCELLANEOUS PROJECT 2050 Entertainment Circle Project Summary: Proposed Soutl1 Bay Swao Meet West of tl1e existing ADDRESS: Amphitl1eater parking lot witl1 450 spaces open space market place. SCALE: FILE NUMBER: Hours 5:00am to 5:00pm every Saturday & Sunday. NORTH No Scale PCC-08-D17 Related cases: None L:\Gabe Files\locators\PCC080 17 ,c:::r 03.11_08 '1-/4 I .4/f TCf{M EIl/f ':L ADDENDUM TO FINAL ENVIRONMENTAL Il\'lPACT REPORT EIR 95-03 PROJECT NAME: South Bay Swap Meet PROJECT LOCATION: 2050 Entertainment Circle, Chula Vista, Ca. PROJECT APPLICANTS: Jose Eduardo Morfin, South Bay Swap Meet, and Thierry Gray, General Manager, Cricket Wireless Amphitheater , CASE NO: PCC-08-0 I 7 DATE: November 13, 2008 I. BACKGROUND/SCOPE OF A1"1AL YSIS The purpose of this Addendum is to address the proposed project, a proposal to establish and operate during weekend days the South Bay Swap Meet on the parking lots of the Cricket Wireless Amphitheater located at2050 Entertainment Circle. The General Plan land use designation for this site is Limited Industrial. The site is zoned Limited )ndustrial/Precise Plan (ILP), which requires approval of a Conditional Use Perrnit for an unclassified use, such as an open-air swap meet. . . In 1995, the City of Chula Vista received and considered an application from MCA Amphitheater for the development of an amphitheater at the site located at 2050 Entertainment Circle in Chula Vista. The application also included a request for a Conditional Use Perrnit that would allow the establishment and operation of a Kobey's Swap Meet, if and when the amphitheater were approved and built. As the lead agency for the project under the Califomia Environmental Quality Act (CEQA, Public Resources Code, Sec. 21000 et seq.), the City of Chula Vista prepared and conducted an environmental analysis (Final Environmental Impact Report FEIR 95-03) of Conditional Use Perrnit (CUP) Application PCC-95-47 for the MCA Amphitheater and Kobey's Swap Meet. The MCA (now Cricket Wireless) Amphitheater CUP authorized construction of an open-air concert venue with a capacity of 20,000 patrons, which included 6,100 parking spaces, a band shell, fixed and lawn seating, concession and support facilities. The facility was also designed to accommodate the operation of the Kobey's Swap Meet, with an ultimate capacity of 1,000 vendor stalls, to be operational on Saturdays and Sundays. The FEIR also described the potential to expand the days of operation to include Thursdays and Fridays. Subsequently, the Final Environmental Impact Report (FEIR 95-03) was certified by the City Council on October 3, 1995. The physical impacts of developing the 72.S-acre subject site have been analyzed in the FEIR 95-03 and are hereby incorporated by reference. The physical development of the site has been completed, and the amphitheater has been operating since July 1998. The Kobey's Swap Meet was only in operation for a short period of time and subsequently discontinued its operation due to lack of business activity and vendor participation. The 5?~ /5' , Addendum to FEIR-95-03 2 11/13/2008 current proposal for the South Bay Swap Meet is proposed to operate on weekends on the parking lots of the amphitheater. The proposed swap meet CUP application, plans and related documents that reflect the project have been submitted and reviewed. The proj'Cct considered in this addendum is an open-air swap meet to accommodate up to 400 vendors at the Cricket Wireless Amphitheater's westerly parking lot. Proposed days and hours of operation are Saturdays and Sundays only, between the hours of 7:00 am and 5:00 pm. On days when the amphitheatre will be holding a concert event, the premises shall be vacated no later than 3:30 pm, in accordance with amphitheater management requirements. The swap meet will close early due to amphitheater events approximately ten (10) times annually. The proposed swap meet is expected to have approximately 400 vendors that will serve approximately 4,000 customers, of which 1,000 customers are expected to arrive by shuttle buses serving different pickup points. Vehicles will park in one of 2 existing parking lots with a total parking capacity of2,840 spaces. Mitigation measures from the Mitigation Monitoring and Reporting Programs (MMRPs) associated with FEIR 95-03 are still valid and applicable to this project. The physical development of the 72.5-acre site has been previously addressed in the certified EIR. Thus, this Addendum focuses on the analyses of proposed changes to the Swap Meet operation from what was previously considered. The Traffic technical reports prepared for the FEIR 95-03 have been updated to reflect the new proposed project operations and layout. The updated technical report demonstrate and substantiate that the proposed project does not result in any new significant impacts nor increase in severity of any previously identified significant impacts. . . II. PROPOSED AMENDMENTS /PROJECT The applicant has applied for Conditional Use Permit PCC-08-017 to allow, subject to certain conditions, the establishment and operation of an open-air swap meet with approximately 400 vendor stalls. The proposed swap meet is considered an unclassified use, which requires approval of the CUP by the City Council. III. CEQA REQUIREMENTS Sections 15162 through 15164 of the State CEQA Guidelines discuss a lead agency's responsibilities in handling new information that was not included in a project's certified environmental document. Section 15162 of the State CEQA Guidelines provides: (a) When an EIR has been certified or a negative declaration adopted for a project, no subsequent ElR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: ~ '0 ..." " I I ' ..f' I Addendum to FEIR-95-03 3 11!l3/200S (1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmenta(. effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which wilrrequire major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase. in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following: a. The proj ect will have one or more significant effects not discussed in the previous EIR or Negative Declaration; b. Significant effects previously examined will be substantially more severe than shown in the previous EIR; . - c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or . d. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. Section 15164 of the State CEQA Guidelines provides that: A. The lead agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred. B. An addendum need not be circulated for public review but can be included in or attached to the final EIR /....~ y",", -';'1 /-.1 / Addendum to FEIR-95-03 4 11/13/2008 c. The decision-making body shall consider the addendum with the final EIR prior to making a decision on the project. D. A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162 should be included in an addendum to an EIR, the lead agency's required findings on the project, or elsewhere in the record. The explanation must be supported by substantial evidence. The project complies with Section 15164 because FEIR 95-03 covered the use of the property as an open-air market or swap meet pursuant to a previously approved Conditional Use Permit that has since expired. Although the new project proposes a location and use type that are the same as previously approved, the proposed project requests a swap meet that will operate at a smaller size of 400 vendor stalls, as compared to the approved 1,000 stalls. The proposed project will operate 2 days a week, as compared to 4 days a week for the previously approved project. Also, it has been 10 years since the previously approved swap meet ceased operations, and in that time, additional growth has occurred, and other physical characteristics of the surrounding area have changed. This Addendum has been prepared pursuant to the requirements of Sections 15162 and 15164 of the State CEQA Guidelines. The proposed changes to the project do not constitute a substantial change to the previously approved project. The rnodifications proposed would not result in any environmental effects that were not considered in the Final Environmental Impact Report FEIR 95-03, nor. would the changes increase the severity of any of the impacts identified in this EIR. There has been no significant material change in circumstances relative to the proj ect, and no new information of substantial importance has become available after the preparation of the EIR. The mitigation measures identified in FEIR 95-03 would be equally applicable to the revised project. Therefore, in accordance with Sections 15162 and 15164 of the State CEQA Guidelines, the City has prepared this addendum to FEIR 95-03. . . IV. ANAL YSIS Updates to the technical study for traffic previously prepared for the Project's Final Environmental Impact Report (EIR 95-03), and additional analysis related to visual quality, has been prepared to address the proposed project and identify any potential impacts. This addendum also discusses issues of air quality, drainage and water quality, land use and noise. No new significant impacts were identified in the updated technical studies regarding the proposed project, beyond those identified in FEIR 05-02. Therefore, no new additional mitigation measures or modifications to existing mitigation measures are required. 9' ~,. ,,'" 4~~ " Addendum to FEIR-95-03 5 11/13/2008 Transportation, Circulation and Access A traffic control assessment to analyze potential impacts created by the proposal, dated September 3, 2008, was prepared by Linscott, Law and Greenspan (LL&G) Associates. LL&G Associates is a City approved traffic consu\!ant. The updated Traffic Control Assessment . fully considers project specific and cumulative traffic impacts associated with the newly proposed project, including existing conditions, project traffic generation, traffic generated by surrounding development and projects, including traffic generated by Championship Off-Road Races (CaRR) and existing Knott's Soak City, and potential traffic related impacts upon the circulation system and roadways. The traffic control assessment also addressed any other changes to land uses and potential impacts that may have occurred since the last traffic study was completed. LL&G found that the Swap Meet use is unusual, with no published trip generation rates. Therefore, the consultant used data provided by the applicant, and relied on their previous experience with similar projects. The traffic volume data presented is based on maximum swap meet attendance, which would nottypically occur until 6-12 months after opening. The existing Average Daily Trips (ADT) for Heritage Road is 8,810 ADT north of the site, and 6,970 south of the site. The study anticipates that a maximum of 4,000 customers and 1,000 vendors and their employees would use the project each day. This translates into 3,280 Average Daily Vehicle Trips, of which 22% (730) would occur in the morning peak period of 10-11 am, and 27% (890) would occur in the afternoon peak period of 2-3 pm. Most traffic would arrive and depart via Heritage Road to Main Street and I-80S, with a small percentage arriving southbound from Heritage Road and I-90S. This represents a decrease of ADT's from the traffic levels analyzed in FEIR 95-03, because a swap meet with a capacity of up to 1,000 vendors was anticipated. . . The largest volume of traffic on Heritage Road is expected to occur while the swap meet, CaRR, and Knott's Soak City are concurrently in operation, which would be 6 days a year. This would increase total traffic to 11,470 ADT on Heritage Road, north of the site and 7,670 on Heritage Road, south of the site on these days. The corresponding Level of Service for the intersection of Heritage Road and Entertainment Circle North is Level of Service (LOS) B in the AM peak of 10-11 am, and LOS C in the PM peak of2-3 pm. For Heritage Road and Entertainment Circle South, the Level of Service (LOS) is C in the AM peak of 10-11 am, and LOS D in the PM peak of 2-3 pm. According to the traffic study, CaRR traffic is not a significant issue since they have their own on and off-site traffic control, their AMlPM peak periods are different (gates open at 9 am and close at 7 pm), and most of the CaRR fans (except a maximum 350 VIP's) will use Energy Way/ Main Street intersection to access the CaRR venue parking lots. The LL&G traffic contro! assessment concluded that no significant impacts from traffic generated by the project would occur, as the peak traffic generated by CaRR Races and Knott's Soak City will not all be occurring at the same time as the peak project traffic. . /"1 Addendum to FEIR-95-03 6 11/13/2008 The project is conditioned to comply with the specific recommendations of the LL&G traffic and parking study, including providing on-site traffic control to efflciently direct customer to their parking stalls to avoid spill-back of traffic onto Heritage Road. The applicants will also be required to monitor traffic during the first three weeks of operation, and a follow-up studies after 6 months and-Qne year to determine if additional traffic control measures are warranted. As conditioned, the project would not significantly impact the flow of traffic on Heritage Road and Main Street during the AM/PM peak periods. Aesthetics The following analysis is provided to update the visual quality/aesthetics setting and analysis provided in FEIR-95-03. Several new uses have been developed in the surrounding area since FEIR-95-03 was certified. They included the Amphitheater, expansion of the Auto Park, Knott's Soak City, and Ocean View Hills residential in the City of San Diego. Significant elements of the Main Street Streetscape Master Plan have also been implemented, including landscaping, hardscape, and public improvements along Main Street and in the Chula Vista Auto Park. The project proposes to include 400 vendors, who will make use of vehicles, temporary shade canopies, tents and related equipment in the operation of their business. The project has the potential to adversely affect the area's appearance with vendor's vehicles, shade canopies, ground coverings and litter. To analyze the potential visual impact, staff conducted an investigation of views of the site from Main Street, Heritage Road, imd Ocean View Hills. The General Plan identifies primary and secondary gateways to the City, for which special architectural, signage, and landscaping guidelines should be applied, that announce arrival to the City. Secondary gateways are significant roadways that link Chula Vista from adjacent communities, such as the City of San Diego. These gateways should provide travelers with a clear impression that they are entering the City of Chula Vista. Enhanced landscaping and appropriate signage should occur at these gateways. The nearest primary gateway is the Interstate I-805/Main Street! Auto Park gateway, which is 1.75 miles to the west. The project site is also located approximately 2,000 feet from the southerly entrance to Otay Ranch Village 3, east of Main Street and Heritage Road. Both of these gateways are also separated from the project site by the topography of the river valley. Because the site is physically separated from these secondary gateways by distance and topography, they are not visible from the project site, and any visual affects caused by the project would not impact these gateways. The project is located adjacent to an "unofficial" southeasterly gateway to the City, Heritage Road. Although Heritage Road is not designated as a secondary gateway in the General Plan, it shares the same characteristics as one. Due to the proximity of the site to Heritage Road, it is important that the project provide landmark-quality landscaping and signage, and that the use proposed by the project is aesthetically compatible with a Ciry . . Addendum to FEIR-95-03 7 11113/2008 gateway. As visitors enter the City northbound from Heritage Road, to the west they would see the existing Amphitheater and its established landscaping, signage and parking lots, which are attractive and well maintained. To the east they would see currently vacant properties, the Otay River Valley and Regional Park. Staffs visual analysis determined that the Swap Meet use would be kept at a low profile, and largely screened from public views along the major circulation element roads by the amphitheater structure, mature landscaping around the parking lot, and native vegetation along the riverbed. The swap meet will be visible to some residents of the Ocean View Hills neighborhood who overlook the property. Because topographical differences allow the Ocean View Hills neighborhood to overlook the site, the Swap meet will be highly visible from a few homes, as are the river valley, water park, amphitheater, and other industrial uses in the area, including the existing auto recycling facilities on Energy Way. However, the general public can only see the swap meet site from a few public places (an internal public street at the edge of the subdivision and a small neighborhood park), which overlook the project site. The project is an ephemeral activity, meaning the physical project goes up in the morning and is removed at the end of the day. .Thus, the length of time for any visual affects is short-term in nature, helping to alleviate any visual impacts. The applicant proposes an educational outreach litter program for the public and vendors in compliance with amphitheater management and the City. The applicant will be required to leave the swap meet area clean throughout the event and at the end of each weekend event, and ensure that temporary shade canopies and tents are attractive and well maintained. The project will be conditioned to require that the site and the temporary canopies will be kept clean and well maintained. No new sources of light and glare impacts have been identified. No additional significant impacts to aesthetics beyond those anticipated in EIR 95-03 are anticipated with the proposed project. The mitigation measures identified in FEIR 95-03 have been determined to be applicable to the revised project. Therefore, in staffs opinion the project as proposed will not have an adverse affect on visual resources or community character of the area. Air Quality No additional significant air quality impacts were identified that were not already addressed by the mitigation measures identified in FEIR 95-03. These mitigation measures have been determined to be applicable to the revised project and no new mitigation measures or modification to existing mitigation measures are required. Drainage and Water Quality The project. applicant will distribute educational materials to vendors and employees intended to inform them how to operate their business, control litter, clean and maintain the project site in a manner that will not create downstream water pollution and water quality impacts. The project will be conditioned to be operated in compliance with the ti.._1( / ot/i. ~ . . Addendum to FEIR-95-03 8 11/13/2008 City's National Pollution Discharge Elimination System Permit. Thus, the project will not result in any previously unidentified significant hydrologic impacts nor identified any new hydrologic impacts. The mitigation measures contained in FEIR 05-02 for the approved Project (MCA Amphitheater and Kobey's Swap Meet) would be applicable to the proposed project (South Bay Swap Meet). - Land use The proposed swap meet would not conflict with the objectives or policies of the General Plan and surrounding land uses. Upon approval of the CUP, the proposed use would be consistent with the adopted designation for the project site and compatible with the surrounding land uses of the area. No additional significant impacts to land use above those anticipated in FEIR 95-03 are anticipated with the proposed project. No significant impacts were identified regarding land use, planning and zoning and, therefore, no mitigation measures were required with respect to the Project FEIR 95-03 concerning land use. No mitigation measures related to land use are necessary for the proposed project. Noise The project is conditioned to be in compliance with the City's Noise Ordinance and restricted from using loud speakers, amplifiers, and other noise-generating systems. Therefore, no new adverse noise impacts not already addressed by Project condition" of approval are anticipated. The mitigation measures called out in FEIR 95-03 have been determined to be equally applicable to the proposed project. . . V. CONCLUSION Pursuant to Section 15162 and 15164 of the State CEQA Guidelines, and based upon the above discussion and substantial evidence in the record supporting said discussion, I hereby find that the proposed project will result in only minor technical changes or additions which are necessary to make the Environmental Impact Reports adequate under CE A. Attachments: l. Project Site Plan(s) 2. Executive Summary to EIR 95-03 References: City of Chub Vista Environmental Review Procedures 0).), Addendum to FEIR-95-03 9 l1/ 13/2008 T echnic31 StudieslInformation Trw.ffic Con!rol Assessment dated September 3, 200S \vas prepared by LL&G AssociJtes J: PlonninglCoseflles/-08(fy-07-08)1PCC/Public Hcaring/PCC-08-0 17/ A 9...-;;,~3 . . Introduction 1.2 SUMMARY OF FINDINGS Back2l"ound The proposed MCA ChuJa Vista Amphitheater project site consists of 72.5 acres. The project site was developed as a portion of the Otay Rio Business Park (originally encompassing 210 acres). The entire project site was graded with terraced building pads desi~ated for limited industrial land uses (research and limited manufacturing). Street improvements, public utilities, landscaped embankments/entranceS, and monument signs to the Otay Rio Business Park were developed at the project site.. The Final ErR for the Otay Rio Business Park (ErR 87-2) was certified by the City of Chul.a Vista in July 1987. The Final ErR (ErR 87-2) is referenced where appropriate. When the analysis for the previous EIR is adequate, the findings of the previous EIR are used for this project. The proposed MCA Chul.a Vista Amphitheater project is proposed for 72.5 acres for the improved portions of the Otay Rio Business Park - Phase I, which has been fully graded and improved with roads and utilities but has not been developed withstrucrures. The City of Chula Vista has proposed the relocation of a public works facility identified as the Chula Vista Corporation Yard from its location in downtown Chul.a Vista to a portio? of an approximately 50-acre undeveloped site located dinectly west of the proposed MCA Chula Vista Amphitheater project. The Chura Vista Corporation Yard would consist of a building and parking areas used for the storage of vehicles, equipment, and materials, including Chula Vista Transit vehicles. The City of Chula Vista conducted an initial study for the proposed Corporation Yard and prepared a Negative Declaration dated December 16, 1994. Consideration is also being given to relocation of the Sweetwater Union High School District Yard to the same 50-acre site. . . Proied De<icrintion The MCA Chula Vista Amphitheater is located within the southern portion of the City of Chula Vista. The project site lies southeast of the I-805/0tay Valley Road interchange, and dinectly MCA Chula VlSta AmphiJh<ater Fuwl EIR 1-1 City 0/ ChuIo. Vzsu. August 1995 q",,)L! I -, f InJroductWn south of the Olay River. Tbe project site occupies 72.5 acres within the City. of Chula Vista's Eastern Tenitories Area Plan as designated by the Chula Vista General Plan. Tbe proposed project would involve construction of a 20,000 person capacity outdoor amphitheater consisting of approximately 10,000 fixed seats and grass berms to provide lawn seating for 10,000 patrons. The amphitheater complex is proposed to include staging areas, ticket sales, permanent concessions, first aid/medical station, restrooms, and will require parking for approximately 6,000 cars. The amphitheater structures are proposed to be approximately 85 feet high (60 feet above ground level). . The amphitheater is proposed to be used for concen events approximately 35-60 nights per year. Additionally, an open air m:uket is proposed for the parking lot area, Thursday through Sunday from 7 am to 4 pm. The proposed. project will require night lighting onsite and along access. roads. Fireworks may accompany. select perfOlmances. The project will require grading to create an earthen bowl; all earthwork is proposed to be balanced onsite with no import or export of materials. Amphitheater access would be provided from Otay Valley Road and existing onsite streets. Several public streets would be vacated in the =tral portion of the site to construct the :unphitheater. . . Environmental Settin~ The MCA Chula Vista Amphitheater project site is 72.5 acres and lies in the Otay River Valley located in the south portion of the City of Chula Vista, four miles north of the United StateS- Mexico International' Border. The City of San Diego is located directly to the $Guth; unincorporated areas of San Diego County are located directly to the east of Olay Valley Road.. The project site was developed as the Otay Rio Business Park - Phase I which includes graded building pads, landscaped entrances and embankments, street improvements, and utilities. The graded building pads are terraced d=nding from the south to the north; no buildings have heen constructed at the project site. The surrounding properties are predominantly undeveloped land. To the norJ1 of the site is the Otay River which includes a natural floodway with disturbed and undisturbed vegetation. MeA Chula Vu.ta Amphiiht:aJu FUUll EIR 1-5 City of Chula Y=Z August 1995 9.,<,{t; ....-.,~---- InJroduCMll' Directly to the northeast of the site is a small utility yard under private ownership. Further to the north of the Otay River is Olay Valley Road, with office and industrial uses further to the north. FUIther to tl]e north is the Otay Landfill operated by the County of San Diego, To the east of the site is Olay Valley Road and undeveloped land that is part of the proposed Otay Ranch development, with the exception of a public trap/skeet shooting range with a resident employee. FUIther to the east is an aggregate mining operation. To the south of the site are steep, undeveloped bills which have been used by unauthorized off-road motorcycles and vehicles. FUIther to the south of the site are steep slopes and canyons rising to Otay Mesa. Areas to the south and soutbeast of the site are within the City of San Diego's Olay Mesa Precise Plan area and are genernlly proposed for residential uses and open space as a part of the Draft Multiple Species Conservation Program (MSCP). To the west of the site is undeveloped land, portions of which appeared to have been used by unauthorized off-wad motorcycles and vehicles. Further to the west, the Otay River trends to the southwest. Further to the northwest, commercial facilities, including industrial and commercial facilities were visible along Otay Valley Road. Other uses in the general area include existing and proposed industrial uses on the Otay Mesa and Interstate 905 to the south; Brown Field to the southeast; residential uses in the City of Chula Vista to the far northwest; and Interstate 805 to the west. . . Imuact Analvst. Each section in the impact analysis includes the following subsections: existing conditions - describes the enviwnmental setting for each issues; impacts - assesses the effects of the project; mitigation/monitoring - discusses measures which would avoid or reduce identified signific:mt impacts; and analysis of significance - evaluates the signifiC2l1ce of each impact after mitigation.. The following table provides a summary of the potential impacts, mitigation measures/monitOIing, and level of impact after mitigation for each issue. MeA Chuh> V"'" .4mphitheaftr Fuuzl EIR 1-6 City of ChuIa V"'" August 1995 C'" ..- )/ ./ --...6 lniroductWn TABLE 1.2-1 SUMMARY OF ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES ~:te#(#',:~'~? ';:~i.~~i~( L.A.,,"]) USE Tho prop<*d p~t will DOl J;'IWJ.it in ,i~fi.c1nt Unpacu to land Wd. Tho projet:t :UtO was dcvdopcJ.' fIX tho Otar Rio Bw~ Park; the ~ site ia graded with tern=d building pad.., ~t improverocxu.. utili~ .and I~ ~entcancc:.. "The projc:ct, ,ilO is zoncQ for 1nd.wttUI ~ Limited Manufacturin&" and Re=rch 1aod UK:l.. The p~ project will ~u~ approval of Conditional U.Jtl Pe:n:nits (em;) for the 'P<<ific UIIO a( the project .n(CI for U1 amphithc:mcr and open air market. Notsigoificmt. The p~ project will rcquinr 4pp",?!~LEf would ConfOfDl \1,tith th 'ChuLa. Vi~ Genen.I P1u1 H ment and e proposed project wUl requirft approval of ~t ...acatioD.ll, lot <<JWlCu.utiOW. u ~U u .. City NoUe Ordw..oc.a Exception and. City Noi:JO Onl.inan;:tI" AmondtDQllL. . . MeA Clulla Vl.lta Amphilh."ur FmaI E1R 1-7 City of Chuia VISta August 1995 ~ '1-1 <.; .". I i' -'1' , Introduction TABLE 1.2-1 SUMMARY OF ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES TR}lo.I.'1SPORT AnONJ CIRCuLATION Tho. propoJCd projed will ~ratCI tn:ffic in off~ noon.. WUh incorpondoa of thlll mitiptioa ~ tho propo.cd project will not rcsu.U. in significant advc,. Unp.ctl to traffioopen.tiOl11. The propoaed projeCt will not l"Cdw;e itllcrsectio:a lO'Vcl. of saevicc .., vuioua 1000000llS for the p~~ poriod$ in time (19906, 2010, and 2015 BuiIdout). Tho propo-d project. will nof. result in sipficmt advcno impICtlJ bued on tM off-peak hours of amphilh.=ter Jae and off-p-ed;: boars of ~ .ir t:IU.rk.et lUO. In .dditio~ th.o propotod exp.utAoD of adjacent: str=t SyliCclM ...ull(;l;~ projCC:'~lw:d [rI:Iffic volulllelI from 1996 throush 1010. Upon area buildout iD 2015. the surTOUDdin&: :street ~ will have c~nded to provide project JitCl a.::ccu from four ditecti~. I. Compkte the widening oCCUy Y.alli:y Rn..J. from l-S05 to Nirnna A'Ycnuc to provide the:. ultimatCl six-laM cron-section and mcdiul or, U .-Jl inrcrim measure, :!":iij~~"~ Reduced to " 1cveile~thll.Q ,ignific4llL . . MCA Chula Vuta Amplwl"atu Frnal EIR . City of Chula Vista August 1995 2., ComoJete the widenin20 of Quy V!!llkv ROIId from 1-805 to Ot::lv Rio ROIId 41 cu"",ntIv o[a~d hv the Citv of Quill Vim. 4.. From Nixvllnll to nortbwe3t of tho Ot.y River croulna, modify the. planned improvcmanbl to provida three we:llbound lan-. and two eUlbound /.anc:a.. 3 :&rwc.cn Otay Rio Ro.d and approximately 1,200 feet nortbwclJt oftbc ou,y River Cl"Oaaitrz. provide cha.aneliiatioalClJllU1g of tnffic durins: cvcIlU 10 provides threa e..tbound lanllll (mbouod) for urivina' UlIffic whi)c,. maintaininJ: ~""~ laoa., For depvtina: traffic. provide ~ westbound Lana olJld ooc euthound /.anc on Otay VailOS)' Road. ThiA woukl be accompWhed tfuuugb. 11M; oftrllffic control Oll Otar Valley Ro.d.. 4. En-ut1l through adequate eoDlrol. monitoring and enf~emollt that event p,a:trona pari::: oa-t~ .sod not an 51lITOt1DdinI streeU inl;;lud.ioi Otay Valley Road.. 5. Modify the p1uwcd JOUlhbouod 1-805 off- Pomp chanDc1izaLion ... the ~y Valley RaW inte:cianl{G to provld4 e:n:lusive left., kft/tbrough/right, and cxcluaivG right turn 1&11(:., H 9"~i ; Introduction TABLE 1.1-1 SUMMARY OF ENVIRONMENTAL IMPACIS AND M1T1GATION MEASURES TRA..'iSPORTA nONI CIRClJLATION (Continuod) Pn:rvld- 00. traffie liiJlollllt a loc.nion to be ~ by 1M City (Ot&y Valley RoodIOtay Rio Ro.d or Oo.y Valley R.oedJSpy Glaaa Hill Road). If the .igna.1 i.J placed u cu.y Rio Road, OQ-5u. ci..rl;u1atlon paauoa and aceesa eontrol for IJOCl-Oveat opeIlltlODol (i,o., indiutria.I put. ~ yard. and opeo-air market) :;l,I'Ol,dd be dicwod by tho ai~ location. Under thi.. ,.;.-uArio. opon.-ili lnuket traffic W<lU1d OtliCr at Spy GLua Hill Road &Dd exit al Otay Rio RoW. Under eilher -=~. th4 i.ot.cnoc:tioa of Ot.ay VtiIcy R.o.adJHcriuga Road &1 Spy GWIi Hill t"O.d will raquLro elc.aou;t (zTubbing, elcarina:andJl1ld[ng)olllotho~tb.to improvo sight dUu.nco.. 7. Develop and implamc:tll: .a m&n:I~ and mitiplioG ~ propm. aceqK&b~ to tho City of aula VUa Tr.t6c EnginDcr_ 'The ~ lDoUlualha.JJbo~intoth.l plan aDd. implcmcDt.ed u mitigation., h~. tho Clty TnJfig ED&inoer dull modify tho pl.a:a. as noca-...ry to addreu m.y e~ in UlIf&: chan.:tcristi.:1 over time: j'l~.;~-;; Reduced to . level leu tha.n ;ignifle.a.nL . . MeA Chula VISta Am.phiiJr~atu FUUll EIR CiiJ af Chula yo"", August 1995 .f"! 'I:: r~.):7 .. E..t6bWb. ManagoxooaDl. Te.tIm eoa.aUcing of MeA Amphitheucr lIIlUUI~ City ofcnu1& Vusa, c~ ClIP and Law on{otcemlllJ( panocmc.l for ove~ and cor:ll..inuod ~cillaoco or tho fKility aDd &AoCiated l2VClCIa. b.. Tho !tIOlicsnt. oTior to QoenilU!' 0,." of1:1l0 OI'Oiee.t. ineonceTt....ith tho Maru:~n.l: Team ...ill d~doo . T",fTic MIl'\a2'llrnenl P'tan mAP, U) be u&ed durimr the fir.Jl veu of QOef'lltiQn.l. 11111 alan will identify Inffie o;onuol. directiond ~ill'1\ini'. Vllrillblc: mo:~ ~ilm1. tnffic o;omrol officcnI. conirur t.w enfon:cmoent ~nd DU1::irur man:aY'l:TnCnt OtoCedUfC'S U) b", fallowed ror tho VllriOUI ~inl Ind rvoel of conceru.. 1-9 InJroduction TABLE 1.2-1 SUMMARY OF ENVIRONMENTAL IMPACTS A....I) MITIGATION MEASURES ;~j~; TRA."IISPORTAUONf CIRCULATION (COIl1in.ued) FilZUre :3.'2-2 denictos thl) l?cnenliud traffic Inllna~en[ techniaues 10 be incomonted into the ThtP. c. PrepU'l:l pm for dim:tionai ,i;ning to aod from Lbc amphitheater during evcou.. Tbc..so plam will nc.cd to be de<<Iy l:oOl:d.inatcd w;th the Ci~y of Quia v~. Callrul.l, 4JId tho City of . S.ItIl~. Event or l.tmpon.t)' Rgning would be. ~uircd 00 1-305, cx.y Valley R~ aDd Otar MeA. Rood. d.. ~ I..Ild implerDllDl traffic control .u>>tcgic.s and equipmcm requirements [0(' !be intetRctiotul akin&' Otay Valloy Raad ~ .It Otay Valley RoadIHeriulgo Road. 1'h=a:slral.cgies will DDOd'to Iddn:a ~er aod equiptnllDl rcquiremttUa and d.ct.:Jrmio" tho hoon of opentioo. . . Due fa th.a heavy peak dcmand.a &1 uu: I-30S/Otay Valloy Ro..d. iDten:hango... traffic coot.rol penonDCl will ba ua.igncd to Ulla in directing of tnlffic d tho iDtGn:hange .. ',lieU.. .t I:i~ inulnoct.ioll.l -ion<< ou,y Valloy R.~ durlni; full ~jty lJVCnUI. Trw.ffig l:oatrol. pefXInoc1 and barricade:. will ...., be employed a1 Oleander Avenu.4 and/or olbet' loc.a.l. 1:'O&"""'y. .. DCeC:n.uy to direct traffic aM climinl[e s.i:Klrt-cUl {nome through ~sidcDLiaJ.'rea... MCA Chuia VISta AmphitheaUr FUI4i ElR I-IO City of ChuIa VISta August 1995 ..,-'\" )., ~;':",,l'" "'T~ ....)-0. i ~-/ IntroductiDn TABLE 1.2-1 SUMMARY OF ENVlRONMENTAL IMPACfS AND MITlGA nON MEASURES (tii~j~~~_;!; TRANSPORTATIONI CIRCULATION (Ca"""=d} e., OcNCljQp And ~Ioment an oiuita ~eQ p/.a.a. to minimiza con1licta with pc&:1tri.aD. Lntffil;: and "cl1id~ ad.cquCdy placa P.Y poinLl. and d.etctmiDI procedures to fill the parna, ~ from: Otay V41lcy Ro.d. via Qt.,. ltio ROtii and Spyga.. Hill . R..oad., ThiI du.U i.ngreu !lCbemc may need 10 !~ both roads with inbound. uaf& ",..,..I1.nAroI!'.'Y. ThIS pLa.a will aoc:d.loinclude: ewm.,lJz.at.ioDlconin&: plans and taffic roDlrol pc:r..onnel rcqUl.n:=IDDcU; Loc.uioa and oumiH:r o{ P.Y - Podestri&Jl coruol onaitll and to J.imit~ &.long Our Va&y RoMJ~ . . Tow !..rude aDd CIDCfi'CllCY equi:pmons: fOf' Itallcd and dl..blcd vcbicLca;and., A pb.n to main.taiallCCCz:JtoJ.Dd from tb. City of ChuI. visa. C~OQ Yard aDd OI.bor fuw.~ &d~lUO:OdurinlcvcIIf.J, Duo to tb.. n.e.vy traffic demand durina uriv...& and deputUro p<lrioda, j, lDiIY be OI:(:UIUY for amphimc.uu lIU.I:l.Aj'CmcDf. p<<IIOGDCllo ruakc provuwos for off.tito r.ciJitic. such as .. xpadC4 dn...c....y a.lcaa !.ho ~ lito bo.wduy to Otay Vailey Ro&d. to M:commod..w llmDl'Xll_Y actlvitiea of th. City, Spoecitio pl"OYi.no~ 10 mai..rJLaia IoCCOU to and ffOlD. tho corpontion yud during r:vcQU s.&...ll bo developed to Lb.e satiafaaioa of 1ha [)irI:.cto(' o( Public Wmb and i~kmcu.ed prior to d.c'VcJc,lmca: o{ tho ~ yard.ita. MCA Chula Vista .Amphitheakr Fuwi ElK I-ll City of Chula Vista Augu.st 1995 ::j - :3 I I lniroduciWn TABLE 1.2-1 SUMMARY OF ENVlRONMENTAL IMPACTS AND MITIGATION MEASURES :;1!:~~;r TRANSPORTATIONI CIRCtiLATION (ContiDu.ed) ~ i. Aft.cr COlTltllellOfl. of the. fi-n( vu:r of C'(!CTlI.UOI1 the !onHcant will work with the T[':IIffic Mlln.llll'ement Team 10 ~fi\'MI the: "f"Ml> for fuCJre YeA" of !!!!m!i2!4 Recommf!1ded Eyl:'nt Momtortn. ~ = An c:vcDl mocitorinr progn,m (EMF) sIull be developed u an additional mitigation r=a3Ul'C for tbe propmed project.. The 3lanIiania to o.e achio'ved by tba ElvlP "1'0 .. foIlQ.....lI; . 1 0 C~l'Cl th.1 aru. rc:sidcnu are allowed to LBvd to .wd from their homes to . dulinatioa QUuide the area wilb. minimal delay; . . . To pf'O'lt'ide uocOCltrainod access fOC' e1%l&r-pm:y vehicle. to l.ho Ilreaj . To prvvidc moWlOrinj: of~ffic flow andp.utina:oa.~iu~eotia.l .re:u duriq salocted. evcn1l w to provldo fOC' n:stticted aecC1I if nco;:u.auy; . To doavelop appropriu<= 3ignagc llOO .dv~ directing traffi.; to deaip.tcd parting an:..u lNi-.cd. 011 the natul'1:l o( tho c'Vcnt and IInticipucd ~a;ami . 1'0 W:llJOD.It(Ua scoaitivilY to the ti.mU:t&' o( C1Wnu.., ta.king into account pading and. traffic flows ",I~ to pa..i: tnlffi; period., rcaidcmial Commu(cr p.tu:~ -.nd aoticipllu..d. Iltend.am:e. MCA Chula Vista Amphitheater Fuwl ErR 1-12 CUy of Chula Vwa August 1995 4-",~-"" '1 I ;;Je'"- InJroduction TABLE 1.2-1 SUMMARY OF ENYlRONME/'<"fAL IMPAcrS AND MmGATlON MEASURES NOISE "'['ha~pro.iactlDAY~io. sbon-term CClnstrUCtio~ nou.. end U1loc,reuo in ~ ooUo 10000tad.u..oto~ncetf.ovent.l. ecnsrrucdoo. oois.I:I impactl U'O c~ lea than Jip.i6C1lJL. Tmlic ooiao impac:ts I.f'O; c~ leu tha.n ~pficaDl.. CJJlICGrt ooUo impacU ua ~ to be 1.- than IitPJi6caDt upoa consuuction of tM ~iliry .mea DO ripifi,c..wl imp~ts to 1lxiain1 suftoundina: 1aDd u.n !a.vo 'coca idenlificld. Conc:C\"t noi*' mill!t bccoma npiic1Dl in ilia fuU:..-=. when and it p1an=d nl~ dowclopm=m oc.eu..... dcpendina: OQ, future ambiaol ooPo IO'W'ou and. .:JUud aa.enu.aLioo U8QCia1cd with that futlUQ ~elopmcDl-. shouLd such fWura CODll~fIl~ ~ impacu oc---ur, impiclIDcllLltioa. of the mitigatioo. procram ideaiifiod will rcdl.w:o coo:ol1: noUo iz:cp.-..::t:I to I.... iliaD aipificant teveb. No mitiptioo. is ~uired fOC'traffic or cOQlttUCtioo. pede Iinc4 impu:u ;it'll d.w:.rm:ined to bcJ I~ th4n Upi6cu:t- Mltipioa. fOC' coucert noUo inv~tI ia oot requinod foc openWa day of the facility liDee DO ligni6c:at ~ to criaitl.i: wrroundina: land uxs have been kicntificd. ConcCI1. ooi.sc ~t roitiptiod will bf) ~ired wh.ctt and if it ia ~ that l:ho JUQdud oyenUoo. of the facility ~ in:a p,atLCm orviolaUoo. lh.U lIxc-a tb- thraboW A&iIdardII ..t forUz in lh. City of Cut. vt.&a Noi.e OtdiIwJl;:e.. A pan.c.m olvWlation m...u bo ~ by the z.ocinI ad~to('. in a<<:cxdanca with specific CUQdiooWl pL:.ccd oa tho Cocditio~ U. Pannit fOC' lhIli amphithca1et'~ Tho method of mWptiou.wouJd ~ ofpl"Ov~ {eu&'blc ~ JUclI .. mc-liAed below, a.ny of which baa tho ability to fGUibly mitigate impacts to I.ca tha.lI Jip~ l~c1s. applied cithM iDdividwllly ox in combinatioo.: 1. ~ ol.ad.ditiona1 vartic"" b.m:nl IUOUJ)litbl~.rca. 2.. Mod.i6od. laWn ~ rySlmn desiguJ tlm. bc1tet coauollClUOl1 r.D/!lrTl ndiltin& ~ of J(l.:.~ &reU-. 3. Adrnindrntin cootr'Oh OV'llr :!tlII1C ~r IClI..Cl1 ~ to b. a:ppl.icd i(tbo reference l~ at tho roi.xin;: booth exceed. & ~ifiodthreabol.d!h.:l.liscom:l.&tcdto iJ:np.-cUlinthoc;.omriunity. :tfft~i Reduced to II ~vclleuth.an .igniiic:ulL . . ,UCA Chula VISta Ampni1lu:aur Fuwl EIR cu, of Chula V= August 1995 1-13 9-33 Introduction TABLE 1.2-1 SUMMARY OF ENVIRON1lf&'.-rAL IMPACTS AND MITIGATION MEASURES AIR QUALITY Air poUution ~ will iDc:euo ... I. rt:$U.l1 of incre:ucd tnffi.: aDd. co~tiOQ activity.. Tho pt"ClpODCd project is located [n I. non-lt:1Uru:nent air bum and will reau1t in cmiu.ion:l that exued thresbolda established by the South Caul. Air Quality M&n.Ilg1l'IDIlntDi.sl.rictrm:lO.IIri>oa tnCoorida, nitrogca oxide..!, .IJ:lIi IQCUvO ocganic compound.. L Implement dwt control meuures to mlWa.i.n adeqtut.:. soil moidurc. ll.I weJlu remove aoilspilIed onto $Urt'Ouoding roads lhrough nta housekeeping procedures_ Reduco source. of du.at by applyiog water to 50ii pile., cxpOtSCld surface:!, and in1clrnlli roW.. 2, Implc:mem cOCSllUCtiOQ opc~tin&' procedUf'9. to reduce intcnen:DCo with cxistina' tnffic UJd prevent tn1ck: queuing 011 any public ~_ 3., Re.llrict esrth moving activities to 35 9.0::1':1 at any tima, so that. 00 !nOf1: than h41f of ... the project 5i~ is under disnu:ua(l(:ll. 4.. ImpIcn'llJnt I. cowuucUoo cquiptncDl maint.caaDCo pcollnm to ted~ equipment cmia.aioo.l.. iMlI1S0m'11IDOn Ooe'l"lllionl 5. Provide faciliticl to illCl'cno tho use of ouhlic ~o:iil u1d .Itemativ<:l U'3.nsporution meth.od.a ~ludina: a.ccc..u by buSoe:S and other multi-<<:cuplWot vehic~ during major cvcuu. 6. Provid4 uldlilo pukina wiLh muaJc ~Nicca to reduce KCe.u/egresa congc3(ion and. to alIOVu.t/:l pll':lcing -'Paco ~striCtiOlU. Shunk ~~. will iD:1'CI1MI tho anticipated .3 + t'auengc:rJ per v~ick: Ilvc",se vehkJe ridenb.op (A VR) for concert attendance.. 7. ~lcllncDl. It'aUpOrtatiOD demaod rnul.'lgerocJJ.t proc:<<Iun:.s for major eventS 10 evaluate optimum a.c<:cwcgreu routes and 10 enc;ountgo altcmative. to low OCCUPIlDCY vchide.. Procedunla ,j.,veJbped during the rlMt few awjor C'VctlU should be refined for subsc.quoal fac:iJity use. XiJf~~::O'{:)%'pi~i) ~:~i~~:~r SjvifiCll1l~ and not fully mitigated.. The mitigation mcalAU'C5 will nlbmctislly lc=n short.tenn and long-lcrm impacl..'5 to .!lit quality II..S3OCt.lled with the proposed projcc~. Short- term impacts from du.u generated by eOJU:lrtIclion .activitics would be reduced to.li 'll;VcLi~.th:lI1" $ignific:lI1~ . Short~rm impacts from emissions relat.ed 10 constrUCtion ..ctiviticswould notbClfully mitigst.ed. Lcng- term impac!& from cmi:Wons relat.ed to tnffic would DOt ho fully mitigllt.ed.. . . M'CA Chula Ylsta AmphiJ.heaJu Fmal E1R 1-14 f S';;r -(,;.:' L"' CiJy of ChuLa }i.sta AUgusll995 IntroductWn TABLE 1.2-1 SUMMARY OF ENVIRONMENTAL IMPACfS Al'iD MITIGATION MEASURES ....tZ..~... HYDROLOGY ThG propoeoJ. projoct. will cot ~ in No miriptioo. ~ U'1I- ~u~. advcnlO JiiI'Ji5c.Rnt ~ta CO biologk>J """'"""'. Tho p","""", project will nee. dlautb OC" dit;p!aco nalivD h.sbitAI: Q(' :s:ca.&irn pLAnt Of' wildlifo ~ at tha project ~,. Tho p~ project would t'CItIlI: in tho couvenioa o( 72...5 &C~ of distl.ubod vcg-ctatioa toc.a.Lod ot1 10m=! building "..,. .... Iand=pcd cntn.nceJemb&n.kmCnt:I. 'Tho proposed projoct may fIl..IlIlt in indi.rect impaca to off:JiLCI an'U rdat.ed to ooUc. liJbting/gluc., and bu.lDlll:1 I.Ctivity/cnct'OlloCbmeal:. The direct and indirr;c:l impa.ca to ofUic. bioiogial. ~ would DOt be aiJni6ea.nr... Tha p~ project will cot ~t iO.' "No mitigation mc.Uu..ru ar= required.. :siiWfic.lUll. impacu to hydroloa. Tha propoocd projcct will DOt nuuIt in No mitiratiod IDASUru an ~uired. signifiunr. impacts. to h.azardow: wut.c. Polico Protection Police ~lioQ Notsi~cant:" BIOLOGY No< ~iguiiio;;:ml'- IIAZAROOUS WASTE Not signifiUDt. Police Protection . . PUBLlCSDlVlCES AND FACILITIES TM pl1:lpOlOd proj<<t will re=lt ia an Ux:te1a,S:8 in dcmacd b ~ Pro(.cctioa MrYicu. Thia iJ:tC~ in domaDd. will. DOt ~ in aipi&.:.rd. ' imp.aI;:u to po.liee prmcctiaa. ~. No aUtiptioa meuuru an requifl:ld" Not."iltI1ific.ant., Fif1:l ~ectiof1 Fire ?:-ouc.uon Ft"' ProteetiOQ 1'bo p~ project will f'CIIIJ1r. in.an No mitiplioa. IQIl.UUres ~ re>qUirai" iDc~ in dcmaad fOl' riM proeaWoo. "l'ha iacreaa i.a dcmaDd. will DOC. n.sWt in N~fiunl impac12 to tire proc.oc;tioa .....ne-. NO( "ignificmt.. Wlurr Ul.Jlitiq W.~ UtiHtie.ll Wau:rUtiJi,ics No aigniiiaDI impM:ta wen. idmdi&d.. No miUpboa mca.su.t'Ca anJ requmo.. NO( signiiic.ml:" ~ UliJitioa ~ Utilities Sewer Utilitie" VISUAL QUALITY No significaar; impxu were idcDl.ificd. Tho propo$ll'd projoct will not rcaUl in .sirnificaa. advc.nc impac:u to vUu&I quality. No miLip.tioa. ~ al"O required. No mitiptioa ~ arc roquired" Not signifio::anL N<x lIignifio::.mL. MeA ChulD VlSta Amphiih.ater Fmal ElK 1-15 City of ChulD VlSta August 1995 f-d S- Introduction This Page is Intentionally Blank MeA Chula Vista Amphith,atu FuzaI. E1R 1-16 City of Chula vis'" August 1995 '1- d ~3 ~ . . ~ \,) <\: 1= ~ .A++A c.-h rY\e.,i\ t ._'--~~~~~/~-:'~T.;-'- -- , q-3f :' .... QJ QJ ::E: c. III ~ II) >- III ..0 J: .... ::3 o II) .~/?cr(~IE;lITS i!?lf;w;mN7v @5'ark~ ~e17Wnt, .flw. P.O.Box211781 Chub Vista, CA, 9-1921 619-271-379 ! 619-300-6813 cell. TRAFFIC AND P ARKlNG FLOW AND SIGN PLAN FOR SWAP MEET AT CRICKET WIRELESS Traffic from Main Street: All traffic from Main Street will enter either tl1rough Entertainment Circle North or Enteltainment Circle South. Entertainment Circle North will facilitate patrons for the Swap Meet as well as Water Park and persons going to the Box Office for the. Amphitheatre. Entertainment Circle South will faciiitate Vendors and Employees of the Swap Meet, as well as Water Park Patrons. Parking: . . Parking for Swap Meet Patrons will be in the A Lot or North Dirt Lot, they will be directed in through the First Gate on Enteltainment Circle NOlin and will be parked Disneyland Style East to West, Vendors will park in the B lot or Main Pavement [at, which is where their booths will be. Employees will park in the C Lot or South Dirt which we utilize now for Amphitheatre employee parking, the will enter through the first gate on the left side of Entertainment Circle South. They will be parked in the same direction as the North Dilt Lot. Signs: For proposed sign plan see Figure 12 in LLG traffic control assessment. All Signs will be 24)) x 36l> coroplast mounted 011 a traffic barricade. c_ -> :; 7' "::-} I ! NOTES Sign locations are approximate. LEGEND "1I:T - Proposed Project Sign MAiNST SIGN LEGEND CD SOUTH BAY SWAP MEET ." "..;p (3) SOUTH BAY SWAP MEET .,~ "'? VENDORS/EMPLOYEES t (]) SOUTH BAY SWAP MEET ~ AEV.9/.2/08 L:\liJ50\Fiq",u\U.C6J5Q r;qur~..d..q III...~..' ..' . . t. , . , " 11III..'" . CD? 9 6 ~Rr4lN ~' "'Eivr CIR Y~Jf!fi . ~ ~ E:NT[P,TAlN!IENr CIR - -- -- --- ---- . SOUTH BAY 8) SWAP MEET' VENDORS/EMPLOYEES . "''''? SOUTH BAY t SWAP MEET ' 0: @ t;J VENDORS/EMPLOYEES 'i! " '" ~ ;u c @ SOUTH BAY t SWAP MEET. 9'-~O "0'''" @ Nor-;oSClLE': Figure 12 Conceptual Signing Plan SOUT\-t BAY SWAP ~:::::: ~\f? ~...~ .-.'. ..,- .4lTAc I-( M f JuT b Planning & Building Planning Division Department Development Processing CIlY OF CHULA VISTA APPLICATION APPENDIX B Disclosure Statement Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other officiai bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: 1. List the names of all persons having a financial interest In the property that is the subject of the application or the contract, e.g., owner, apPlil:nt, contractor, subcontractor, m.aterial supplier. Jaw tnuArlnO \Vf~ 2. If any person" Identified pursuant to (1) above is a corporation or partnership, iist the names of all individuals with a $2000 investment in the business (corporation/partnership) entity. tJ/8.- , 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. tJ 1'4. I 4. Please identify every person, including any agents, employees, consultants, or, inpependent contractors you have assigned to represent you before the City in this matter. . . iliA- '. 5. Has any person" associated with this contract had any financial dealings with an officiai" of the City of Chula Vista as it relates to this contract within the past 12 months. Yes_ No~ If Yes, briefly describe the nature of the financial interest the officiai" may have in this contract. 6. Have you made a contributi<;ln/of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? NoL Yes _ If yes, which Council member? . 276 Fourth "Avenue . Chula Vista Calliornla I 91910 :;3:S5'6. 'f - eI/ (619) 691-5101 ~\r?- ~ p I ann n g & Building Planning Division Department Development Processing em OF (HUlA VISTA APPLICATION APPENDIX B Disclosure Statement - Page 2 7. Have you provided more than $340 (or an item of equivalent value) to an official" of the City of Chula Vista in the past twel,<:e (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes_ No~ If Yes, which official" and what was the nature of item provided? Date')., 2..,~ 6 \ , -, Print or ,,: j Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fiaternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board. commission, or committee of the City, employee, or staff members. . . 2:Fi Fourth ;-\venue Chul..1 Vi,tJ. CJ.lirorniJ 91 '? i r) l.j i '~\ 691 -.J ]I} ! 9'" (/,J. RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONSIDERING THE ADDENDUM TO EIR- 95-03 AND APPROVING A CONDITIONAL USE PERMIT, PCC-08-017 TO OPERATE AN OPEN AIR SWAP MEET WITHIN THE PARKING LOTS OF THE CRICKET WIRELESS AMPHITHEATRE LOCATED AT 2050 ENTERTAINMENT CIRCLE 1. RECITALS A. Project Site WHEREAS, the parcel which is the subject matter of this resolution is diagrammatically represented in Exhibit A attached hereto and incorporated herein by this reference, is commonly known' as the Cricket Wireless Amphitheater, and for purposes of general description herein consists of 72.5 acres located at 2050 Entertainment Circle, in the east, west, north and south parking lots of the Amphitheater ("Project Site"); and B. Project Applicant WHEREAS, on February 29, 2008, a duly verified application for a Conditional Use Permit (PCC 08-17) was filed with the City of Chula Vista Planning and Building Department by Jose Eduardo Morfin ("Applicant") representing the Southbay Swap Meet and Mr. Thierry Gray, representing Live Nation Entertainment ("Owner"); and C. Project Description; Environmental Determination WHEREAS, Applicant requests permission to operate an open air swap meet ("Project") on the Project Site as a secondary use to the principal land use known as the Cricket Wireless Amphitheater; 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 MCA Amphitheater Final Environmental Impact Report, EIR 95-03. The Environmental Review Coordinator has determined that only minor technical changes or additions to this document are necessary and that none of the conditions described in Section 15162 of the State CEQA Guidelines calling for the preparation of a subsequent EIR have occurred; therefore, the Environmental Review Coordinator has prepared an addendum to EIR-95-03. D. Planning Commission Record on Applications WHEREAS, the Director of Planning and Building set the time and place for a hearing on the Conditional Use Permit application, and notice of the hearing, together with its purpose, was H:\ENGINEERIRESOS\Rcsos2008\12.16.08\SoUlh Bay Swap Meet (PCC-OS-017).doc , (A _. ((.;) . / ('''-.__./' Resolution No. 2008- Page 2 given by its publication in a newspaper of general circulation in the City and its mailing to property owners and residents within 500 feet of the exterior boundaries of the property, at least ten (10) days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely November 19, 2008, at 6:00 p.m. in the City Council Chambers, 276 Fourth Avenue, before the City Council and then closed. WHEREAS, Record of the proceedings of the Planning Commission at their public hearing on November 19, 2008, including their vote upon Planning Commission Resolution No. PCC- 08-017 recommending approval, along with any relevant comments, have been provided to the City Council and are incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision makers, shall comprise the entire record of the proceedings for any California Environmental Quality Act (CEQA) claims. E. City Council Record on Applications WHEREAS, a hearing time and place was set by the City Council for consideration of the Project and notice of the hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, its mailing to property owners within 500 feet of the exterior boundary of the Project, at least 10 days prior to the hearing; and WHEREAS, the duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on December 16, 2008, in the Council Chambers, 276 Fourth Avenue, at 6:00 p.m. to receive the recommendations of the Planning Commission, and to hear public testimony with regard to the same. WHEREAS, the City Council of the City of Chula Vista reviewed and considered the addendum to Final Environmental Impact Report, EIR 95-03, and the Conditional Use Permit (PCC-08-0 17); and WHEREAS, the City Council of the City of Chula Vista after considering all evidence and testimony presented voted X-X-X-X to approve the Conditional Use Permit (PCC-08-0l7), based on the findings and in accordance with the conditions listed below. NOW THEREFORE BE IT RESOLVED by the City Council of the City ofChula Vista that it makes the following findings: II. CONDITIONAL USE PERMIT FINDINGS FOR APPROVAL 1. That the proposed use at this location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. The proposed Project is desirable in that it will provide a retail venue in the City where purchases of a wide variety of new and used personal, household goods 'and services and H:\E~GINEER\RESOS\R""os2008\12-16-08\Sou(h Bay Swap Meel (PCC-08-017).doc c:; 'I 1 I -04,: Resolution No. 2008- Page 3 business items can be made at an affordable price. The Project will help to stimulate the local economy by providing an incubator for the development of new small retail business. The Project will provide retail services that would not otherwise be provided or accessible to residents of the southern portion of the City. The Project will also help to support the operations of the Cricket Wireless Amphitheater, by making use. of empty parking lots and creating additional activities during times when concerts are not taking place. The Applicant and vendors will be required to indicate the project's site address of 2050 Entertainment Circle as the place of business on their business licenses and tax. Permits. This will generate revenue for the City from the fees required for issuance of business licenses and from sales taxes paid by the customers. In addition, the Project would increase public awareness and familiarity with the Amphitheater and the City of Chula Vista. 2. That such use will not under the circumstances of the particular case be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. The proposed Project will not have negative impacts to the health, safety or general welfare of persons residing or working in the vicinity or be injurious to property or improvements in the vicinity because the hours of operation will be staggered so that the operation will occur only during the daytime on weekends, and will not overlap with concerts and special events held at the Amphitheater. The level of traffic generated can be accommodated by the existing street system and parking lots, and will not result in congested roadways. Parking will be managed so as not to create traffic conflicts on the Project Site and on adjacent public streets. Other special events held in the area, such as Championship Off Road Racing that occms six (6) days a year, will provide their own traffic control and monitoring programs, which can accommodate any traffic generated by this Project. Conditions of approval of the project regarding hours of operation, traffic, parking, noise, and compliance with vendor rules and regulations will ensure that the project will not adversely affect the surrounding area. 3. That the proposed use will comply with the regulations and conditions specit1ed in the code for such use. The Project is an unclassified use allowed upon approval of a Conditional Use Permit consistent with the requirements of the Chula Vista Municipal Code (CVMC) section 19.54. The operation will be conducted primarily outdoors during cvmweekends only. The P!"oposed Project conforms to the zoning restrictions and existing development of the. Project Site, and the conditions of approval require the operation of the Project to be in continuing compliance with all applicable city codes and regulations. The use is conditioned to require the Applicant to comply with all the applicable regulations and standards specified in the CVMe. 4. That the granting of this Conditional Use Permit will not adversely affect the General Plan of the City or the adopted plan of any government agency. H:\EI'GI:-lEERIRESOS\Rews200S\12-16-08\Soutn Bay Swap Me"l (PCC-08-017).doc e::)..., (/.,- /' t' ~ Resolution No. 2008- Page 4 The proposed Project is a secondary use to the amphitheater, which is the principal use, and is considered an Unclassified Use that is permitted upon approval of a Conditional Use Permit in the Limited Industrial Zone. Thus, the Project implements the Limited Industrial General Plan land use designation of the General Plan. The approval of the Project will not adversely affect the Chula Vista General Plan because: The General Plan contains policy that seeks to "Support the existing entertainment uses and expand their activities, to include compatible uses." The Project is a secondary use that is typically associated with stadiums, arenas and entertainment venues with large parking areas. In addition, the Project would expand the activities available at the Project Site and help to financially support the Cricket Wireless Amphitheater operations, and increase public awareness and familiarity with the Amphitheater and the City of Chula Vista. The General Plan also contains policy encouraging enhanced gateway design features, such as enhanced landscaping and appropriate signage, for secondary gateways to the City, such as Heritage Road south of the Project. The approval of the Project will not adversely affect the gateways to the City, as described in the General Plan. With the exception of a few homes overlooking the Project Site from the south, the project site is completely screened from public views by the adjacent hillsides, existing landscaping, riparian vegetation in the adjacent riverbed, 'and the Amphitheater structure. Therefore, swap meet activities and temporary shade canopies will not be visible to the general public. The Applicant will obtain approval of a signage program for temporary signage that will ensure the signage is well designed, attractive, and will be removed each day when the Project is closed. Thus, the Project will not have an adverse affect on a primary or secondary gateway to the City. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it considered the Addendum with EIR-95-03 and grants Conditional Use Permit (PCC-08-017) subject to the following conditions, required to be satisfied by the Applicant to the satisfaction of the Director of Planning and Building or his/her designee: III. CONDITIONAL USE PERMIT CONDITIONS OF APPROVAL Planning and Building The following conditions shall be satisfied by the Applicant or Property Owner prior to issuance of Fire or Building Permits, or commencement of the operation of the Project, whichever occurs first, unless otherwise specified: 1. Pay all applicable fees, including any unpaid balances of Permit processmg fees for deposit accounts DQ-1508. H:\E:-<Gl:>lEER\RESQSlResos2008\12-16-08\$oUlh Bay Swap .\lee[ (pCC-08-017).doc ," . /- i /! i- y (:;,l Resolution No. 2008- Page 5 2. Provide a revised site plan showing the accessible path of travel from parking areas and restroom facilities to the project in compliance with Title 24 (Part II) Handicapped Accessibility Requirements of the 2007 California Building Code, for' review and approval by Director of Planning and Building. 3. If electrical service is required, the Applicant or Owner shall submit building Permit plans in compliance with 2007 CBC and 2007 CEC requirements for any improvements requiring electrical service. 4. Prior to the startUp of the Project operations, the Applicant or Owner shall submit the following to the Zoning Administrator and City Engineer in accordance with Municipal Code: (a) detailed sign program, including directional signage as proposed in the traffic study; and (b) any signage within the City's right of way for applicability of an Encroachment Permit. 5. Develop and submit a "Recycling and Solid Waste Management Plan" to the City's Conservation Coordinator for review and approval, and shall comply with the requirements: a. Trash containers shall be placed at all ends of aisles and exits with signs discouraging littering. b. The Applicant shall "twin" a recycling container next to every trash can throughout the Project Site. The Applicant shall present an educational program to the vendors/traders and sellers as well as all attendees regarding the recycling program. Applicant shall submit a copy of that education program to the City.Conservation Coordinator. c. The Recycling and Solid Waste Management Plan shall identify total pounds recycled and land filled at the end of each weekend event. d. Applicant shall discourage the use of plastic shopping bags and promote thc use of paper bags or reusable bags. e. The Applicant shall submit a Litter Control Plan to the City Conservation Coordinator. The Applicant shall manually collect litter no later than the designated hours of closure for regular pickup services for the Cricket Wireless Amphitheater. 6. Prior to opening for operations, schedule a security survey with the Chula Vista Police Department and implement the suggestions of the survey. 7. Comply with Chula Vista Fire Department Policy 2916 regarding fire access, water supply and street addresses, prior to commencement of operations of the Project, including but not limited to: a. Maintain an emergency vehicle access/fire lane along the existing driveway between the Cricket Wireless Amphitheater structure and the edge of the Project (Swap Meet vendor area), and between Entertainment Circle North and South, to provide emergency fire access to the amphitheater structure and vendor area. Applicant shall 11:\ET'G1NEER\RESQS\Rcsos2008\12-16-08\SOUlh Bay Swap Meet (PCC-OS-O 17).doc 9.,.c!1 Resolution No. 2008- Page 6 provide a third emergency vehicle access/fire lane will be provided on the west side of the Swap Meet vendor area. b. The Applicant, Owner or Yendors shall not place or allow to be placed, any vehicles, portable toilets, trash or recycling receptacles, or other equipment, in such a way that will obstruct emergency access, pedestrian paths, aisles between. vendors and activities, vehicle lanes, or fire hydrants. c. Ensure that any tent in excess of 200 square feet or temporary shade canopy in excess of 400 square feet obtains approval of a Fire Permit from the Fire Department, and that tents and shade canopies shall maintain a minimum separation of four (4) feet. . d. Ensure that Emergency Yehicle Access is to remain unlocked during operational hours. 8. This Conditional Use Permit shall become void and ineffective if not utilized within one (I) year from the effective date thereof, in accordance with Section 19.14.260 of the CYMC. Failure to comply with any conditions of approval shall cause this Permit to be reviewed by the City for additional conditions or revocation. Upon certification by the Director of Planning and Building for occupancy or upon commencement of the use allowed by this Conditional Use Permit, the Applicant or Property Owner shall comply with the following conditions of approval: 9. The Project Site shall be established, operated and maintained in accordance with the approved Conditional Use Permit plans as amended pursuant to this Resolution of Approval. The Project's Swap Meet vendor area and parking areas shall be limited to those areas identified on the approved site plans. 10. The Project shall comply with all applicable Mitigation Measures identified in EIR-95-03 and in the Mitigation Monitoring and Reporting Program, as determined by the Environmental Review Coordinator. II. Any modification of the approved plans shall require the review by the Zoning Administrator pursuant to CYMC Section. 19.14.030. If required by the Zoning Administrator, approval of a modification to the Conditional Use Permit or its conditions of approval shall be considered by the Planning Commission in accordance with CYMC Section 19.14.070. 12. Comply with the provision of Title Sol' CYMC, including, but not limited to, Chapters 5.02,5.04,5.07,5.38 and 5.40. 13. Comply with the proposed hours of operation for the Project on Saturdays and Sundays as follows: Scheduled Amphitheatre Event Davs: a. Setup from 7:00 a.m. to 8:00 a.m. b. Open to Public 8:00 a.m. to 2:00 p.m. c. Cleanup 2:00 p.m. to 3:30 p.m. Unscheduled Amphitheater Event Days: a. Setup from 7:00 a.m. to 8:00 a.m. b. Open to public 8:00 a.m. to 3:00 p.m. c. Cleanup 3:00 p.m. to 5:00 p.m. H:\ENGINEER\RESQSIResos2008\12-1 (j-OS\Soulh Bay Sw~p Meet (PCC-08-017).Joc /-t'. Cj- y,.!.; r ." Resolution No. 2008- Page 7 d. Vendors/employees vacate by 3:30 p.m. d. Vendors/employees vacate by 5:00 p.m. 14. Ensure that there will be no more than 400 vendors on anyone day of project operations. 15. Ensure that all temporary structures, tents, canopies, sales areas, equipment, merchandise, trash and other activities associated with the swap meet shall be cleared from the site, by 3:30 p.m. on days of Amphitheatre concerts/events or 5:00 p.m. on days of non- scheduled Amphitheatre concerts/events. 16. Ensure that all canopies erected in a vendor space must be properly constructed and anchored by using a cement block for each comer pole, with thumbscrew completely enabled. Applicant may require vendor to use additional cement blocks or dis-assemble canopy due to windy conditions. 17. Ensure that all vendor spaces not Permitted for electrical use may not use an electrical cord extension. 18. Ensure that sales of furniture, bedding or similar items within the swap meet vendor area shall be subject to approval of the State of California Bureau of Home Furnishings. 19. Ensure that vendor's vehicles are removed from Swap Meet aisles by 9:00 a:m. each business day; that the speed limit inside swap meet is 3 mph and is enforced at all times; and that pedestrians have the right of way. 20. Ensure that excessive noise such as stereos, televisions, generators, shouting or amplified voices does not occur. The project shall be operated in compliance with CVMC Chapter 19.66, Performance Standards, and 19.68, Performance Standards and Noise Control. 21. Ensure that only temporary removable tents or canopies, which will be disassembled and removed from the Project Site at the end of each business day, are used by the vendors. No permanent structures are authorized as part of the Conditional Use Permit. 22. The Project Site is not to be used by the general public for recycling drop off purposes. The Applicant or owner shall collect trash and recyclable materials resulting from the Swap Meet activities in accordance with the City Recycling And Solid Waste Report. 23. Ensure that the following merchandise is prohibited from sales, exchange, offer to sell or exchange, or possession with the intent to sell, exchange, store or transfer: Weapons, ammunition, bombs, counterfeit merchandise, fireworks, gunpowder, alcohol or beer, crossbows, grenades, drugs or drug paraphernalia, guns, rifles, mace or mace-like products, pepper spray, pornography, stun guns, tear gas, tobacco, or tobacco products, stolen property, materials with potential for toxic emissions or excessive noise generation, or any other dangerous or harmful products or materials not specified above. H:\ENGI;'\IEI;R\RESOS\Rcsos200S112-16-0Bl5outh B~y Swap ~cel (pCC-08-017).doc ",- // Co ,1~r-7 Resolution No. 2008- Page 8 24. The Applicant or Owner shall ensure that the Project complies with the recommendations of the LL&G Traffic and Parking Study for the Swap Meet dated September 3, 2008, including, but not limited to: a. Adequate on-site parking control personnel shall be provided by the Applicant/Operator at the Project Site entry and at each parking lot to direct customers to parking and prevent traffic from spilling back onto Heritage Road. b. Traffic Directional Signage shall be installed and removed at the end of each business day, per the approved LLG Traffic and Parking Study. c. Obtain Zoning Administrator and applicable Sign Permit approval for any modifications to approved temporary signage. d. In lieu of marked parking stalls, on-site parking control personnel shall direct customers and employees into their parking spaces. e. Patrons shall park in Lot A or North Dirt Lot, entering from Entertainment Circle North, and angled parking east to west (Disneyland style). f. Vendors shall park in Lot B or the Main Pavement Lot, near the vendor booth area. g. Employees shall park in Lot C or south dirt lot. Entrance through the Entertainment Circle South. h. On-site traffic control personnel shall maintain access to the adjacent Knott's Soak City Water Park. . 1. A traffic monitoring program to the satisfaction of the City Engineer shall be provided for the first three weeks of Swap Meetoperation. J. Prepare and submit to the Director of Planning and Building and City Engineer, a follow-up traffic control analysis including an all-way stop sign warrant analysis, after six months of operations and then annually thereafter until expiration of this permit. The Applicant shall fund and conduct the traffic control analysis. The traffic control analysis is to determine the necessity for additional traffic control measures. If necessary, additional traffic control measures shall be implemented to the satisfaction of the City Engineer. k. The City has right but nbt obligation to establish a traffic-monitoring program at any time to determine if additional traffic control or on-site circulation measures need to be taken. Police Department: 25. After six (6) months of Project operations, and prior to extension or modification of this Conditional Use Permit, the Applicant or Owner shall cause the preparation of a Calls for Service monitoring program, including reports of crime, traffic accidents, and noise complaints, to the satisfaction of the Chula Vista Police Chief and the Zoning Administrator. 26. If the Calls for Service monitoring program for the project shows a significant increase in criminal activity, as defined by the Chula Vista Police Chief and demonstrated by criminal reports filed with the Police Department, the Applicant or Owner shall prepare a crime reduction/security prevention report for the operation of the Project, to the satisfaction of the Police Chief. The report shall address issues specified by the Police H:\ENGINEERIRESOS\Reso,2008\I2-16-08\SQUlh Bay Swap Meet (PCC-08-017).doc q..- iSZl I "" Resolution No. 2008- Page 9 Chief, and shall include recommendations to enhance security and reduce crime. The recommendations shall be implemented to the satisfaction of the Police Chief. Engineering Department: 27. Comply with the applicable sections of the CVMC and Subdivision Manual related to water quality, the Development Storm Water Manual, and the National Pollutant Discharge Elimination System Permit Order No. R9-2007-0001, and 2008 update. 28. The Project Site shall be kept clear of trash and debris at all times to reduce the potential for water pollution. Finance Department: 29. The Applicant and individual Vendors shall each obtain Business Licenses to the satisfaction of the Finance Dept priorto operation of the Project. 30. The individual Vendors shall obtain a Seller's Permit and Resale Number from the State of California Board of Equalization prior to approval of the Business License. 31. Each Vendor shall display at each Vendor space both the Seller's Permit issued by the State Board of Equalization and City of Chula Vista Business license with an address of 2050 Entertainment Circle, Chula Vista, California 91911. General Conditions: 32. The conditions of approval for this Conditional Use Permit shall be applied to the Project Site until such time as the use for which this Conditional Use Permit was granted is discontinued, the use is no longer a Permitted use at the Project Site, or the term of the Permit has expired. ~ 33. The Applicant and Owner shall and do agree to indemnify, protect, defend and hold harmless City, its City Council members, officers, employees and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees (collectively, liabilities) incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Conditional Use Permit; and (b) City's approval or issuance of any other Permit or action, whether discretionary or non~discretionary, in connection with the use contemplated on the Project Site. The Owner and Applicant acknowledge their agreement to this provision by executing a copy of this Conditional Use Permit where indicated below. The Property Owner's and Applicant's compliance with this provision shall be binding on any and all of the Property Owner's and Applicant's successors and assigns. 34. The Applicant and Owner shall comply with all City ordinances, standards, and policies. Any violation of City ordinances, standards, and policies or of any condition of approval of this Conditional Use Permit, or of any provision of the Municipal Code, as determined H:\ENGINEER\RESOS\Resos2003\12-t6-03\SoUlh BJY Swap Meel (PCC-08-0I 7).doc Q, '~I )' -,.~! Resolution No. 2008- Page 10 by the Director of Planning and Building, shall be grounds for revocation or modification of this Conditional Use Permit by the City ofChula Vista. 35. This Conditional Use Permit shall remain in effect for a period of five (5) years commencing with the date of City Council approval of this Permit. Upon expiration of this five-year period, this Permit shall become null and void unless the Applicant or Owner have filed and obtained approval of a new Conditional Use Permit application pursuant to CVMC Section 19.14.070. The Applicant or Owner of the Project shall pay all fees associated with any Conditional Use Permit application. 36. The City retains the right to suspend the Applicant and Owner's use of the Project Site (or a portion thereof) upon forty-five (45) days prior written notice to the Applicant and/or Owner in the event the City desires to utilize the site for a public and/or non-profit purpose that reasonably requires cessation of Applicant or Owner's use. The City's rights under this provision shall be exercised in accordance with Section 11.2 of the City's Sublease with Istar Blues LLC, and Live Nation. The City agrees that it shall not suspend the Applicant or Owner's use hereunder greater than six (6) times per calendar year with no two (2) suspensions occurring on consecutive weeks. IV. GOVERNMENT CODE SECTION 66020 NOTICE Pursuant to Government Code Section 66020(d)(1), NOTICE IS HEREBY GIVEN that the ninety (90) day period to protest the imposition of any impact fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this resolution and any such protest must be in a manner that complies with Section 66020(a) and failure to follow timely this procedure will bar any subsequent legal action to attack, review, set aside, void or annul imposition. The right to protest the fees, dedications, reservations, or other exactions does not apply to planning, zoning, grading, or other similar application processing fees or service fees in connection with this project; and it does not apply to any fees, dedication, reservations, or other exactions which have been given notice similar to this, nor does it revive challenges to any. fees for which the Statute of Limitations has previously expired. V. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL By signing the lines provided below, the Property Owner and Applicant expressly affirm that they have each read, understood, and agree to the conditions contained herein, and will implement the same. Upon execution, this document shall be recorded with the County Recorder of the County of San Diego, by the City Clerk of the City of Chula Vista, at the sole expense of the Owner or Applicant, and a signed, stamped copy of the conformed recorded document shall be submitted to the Planning and Building Department Secretary and the City Clerk within ten (10) days of recordation. Signature of Applicant Date H:\ENG1NEERI.RESOS\Rcsos2008\J1-16-08\$Olllh Bay Swap Meet (PCC-08-017).doc 4. C."" / '-';;>0" Resolution No. 2008- Page II Signature of Property Owner Date VI. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, institute and prosecute litigation to compel compliance with said conditions or seek damages for their violation. Failure to satisfy the conditions of this Permit may also result in the imposition of civil or criminal penalties. VII. INVALIDITY: AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provisions or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this Resolution and the Permit shall be deemed to be automatically revoked and of no further force and effect. Presented by Approved as to form by' Gary Halbert Director of Planning & Building. ~~Sf~~~ t~- City Attorney H:\E:-:GINEER\RESOS\Resos200S\12-16-08ISoUlh Bay Swap :-'le<:1 (PCC-08-017).doc 9-::::;3 CITY COUNCIL AGENDA STATEMENT ~(ft- CITYOF ~ - (HULA VISTA DECEMBER 16, 2008 ItemW- ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A.l'\f INTERFUND LOAN FROM THE TRANSPORTATION DEVELOPMENT IMPACT FEE FUND TO THE PUBLIC FACILITIES IMP ACT FEE FUND AND APPROPRIATING FUNDS THEREFOR CITY COUNCIL AUTHORIZE THE FINANCE DIRECTOR/TREASURER. TO PURSUE DEBT REFUNDINGIRESTRUCTURING OPTIONS FOR CITY OF CHULA VISTA'S OUTSTANDING DEBT OBLIGATIONS SUBMITTED BY: DIRECTOR OF FINANCE/TREASURER/71;( REVIEWED BY: INTERIM CITY MAl'iAGER s-r DEPUTY CITY MANAGER W SUMMARY 4/STHS VOTE: YES ~ NO D The downturn in housing development activity for the past several years has led to cash flow issues in the Public Facilities Development Impact Fee Funds (PFDIF). In order to avoid significant impacts to the General Fund reserves, it is necessary at this time to request an interfund loan from the Transportation Development Impact Fee Fund (TDIF) for the purpose of funding the annual debt service obligations of the PFDIF. . ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that an interfund loan from the . Transportation DIF to the Public Facilities DIF is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change to the. environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the actions proposed are not subject to CEQA 10-1 . Item Page 2 of 6 RECOMMENDATION That the City Council approve the resolution and the necessary appropriations for an interfund loan from the Transportation Development Impact Fee Fund to the Public Facilities Development Impact Fee Fund to fund the outstanding debt obligations for fiscal year 2008-09. That the City Council request that the Director of Finance/Treasurer pursue refunding/restructuring options for City debt with the objective of creating cash flow savings in order to meet debt service obligations over the next few years. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION Beginning in 1990, the City began an extensive capital outlay program for public facilities which was to be funded fully or partially from Public Facilities Development Impact Fees (PFDIF). The fees to fund these projects were initially established by Ordinance 2320 in August of 1989. The objective of the development impact fees are to fund public facilities and related capital needs that are projected to be impacted by future growth. Various updates to the fees have occurred over the last 20 years. The PFDIF has expended $80 million constructing public facilities on a pay-as-you-go basis using available cash in the PFDIF fund. These expenditures funded several major projects including five ftre stations and three recreation facilities. In addition, the PFDIF partially funded renovation of the Civic Center complex, South Chula Vista Library, and the new Police Facility using cash on hand. Three projects, the Corporation Yard, Police Facility and Civic Center, were partially finallced through the issuance of Certificates of Participation (COP) for a total of $128.7 million (principal only) over a long-term period using a combination of funding from the PFDIF and General Fund. However because these debt obligations are backed by the full faith and credit of the General Fund, the General Fund is ultimately responsible for the payment of all debt obligations even though, as a practical matter, a certain percentage of the payments are dependent on the fees collected by the PFDIF fund. Due to the significant housing meltdoWn and number of foreclosures experienced Within the City of Chula Vista, the development of new housing has essentially come to a halt. This has created a cash deficit in the PFDIF fund of$4.2 million as of the end offtscal year 2007-08. Due to the severity of the housing crisis, it is clear that the PFDIF fund will be unable to meet its annual debt obligations for the next few years. In order to avoid an impact to the General Fund, we are recommending an interfund loan from the TDIF to the PFDIF fund for $5.2 million to make the debt service payments scheduled for the cun-ent fiscal year 2008-09. This will provide the City an opportunity to work through a restructuring of the PFDIF debt obligations with the objective of creating cash flow savings to meet debt obligations over the next few years. . PFDIF Overview Following the adoption of development impact fees to fund major street improvements in its eastern territories, tb.e City undertook an in-house study of other public facilities and related capital needs that were projected to be impacted by future growth. The result of that study was 10-2 Item_ Page30f6 the adoption of Ordinance 2320 in August 1989 that established a series of "supplemental" impact fees. Over the next 20 years, the fee would be updated to include additional facilities such as tire stations and recreation facilities. PFDIF Financed Facilities Beginning in 2000, the City embarked on an unprecedented capital facilities construction program. During this time the City funded $67 million in public facilities on a pay-as-you-go- basis using available cash in the PFDIF fund. During that same time, the City issued $128.7 . million in Certificates of Participation (COP) to fund projects such as the Corporation Yard, construction of a new Police Facility and the remodel and expansion of the Civic Center Complex. Facillities Financed on a Long-Term Basis Public Works Yd Police Facility Civic Center] Civic Center 11 Total :~J'~~~~~~~J~~ f['5~1~f~~)~ f~~~0~?~~,t~~~;~;~?9'~~!1~:i~iP]~;~ [;~~~fW~@~~-~~:~~lg~~?t~S~c.'jRrnf~~ ,li€,]$~~fi~~~QY{~!.~ U'JL1~.kqm~n5 '&~l~~~Jt5i ~~~1tu~I}ti-~~ !0~gJ~8.f~~i~~ :;i"[erQll;l' i.GeneraLEund ::'$%8ESIF-.\t$.;i iD€}btSvc:?R.r!11~ 2000 COP 5.14% 23,730,000 16,710,000 20 yrs 764,028 1,099,456 1,863,484 2002 COP 4.93% 60,145,000 55,420,000 30yrs 2,190,364 1,722,224 3,912,578 2004 COP 4.65% 26,692,417 24,992,417 30 yrs 308,791 1,406,715 1,715,506 2006 COP 4.32% 18,155;.000 17,265,000 30 rs 121,698 984,647 1,106,345 $128,722,417 $114,387,417 $3,384,871 $5,213,042 $8,597,913 Public Works Yard 2000 Certificates of Participation $23.7 million The City acquired the Corporation Yard from San Diego Gas & Electric Company in 1998. The financing was approved to fund the improvements to the site and encompassed an aggregate 128,554 sq. ft. of space. It consisted of buildings and spaces essential to many City operations such as a new 42, I 00 sq. ft. maintenance facility building, a 11,400 sq. ft. warehouse btlilding, a 42,300 sq ft administration building, 9,070 sq. ft. of bus washing/fueling buildings and 31,000 sq. ft. of space in an enlarged shops building. The annual debt obligations are split between the PFDlF fund (59%) and the General Fund (41 %). The General Fund share of the project costs are for the proportionate share of the costs. which have no nexus to growth. The final payment is due in 2020-21 (12 years remaining). Police Facility 2002 Certificates of Particioation $60.1 million The construction ofthe new Police Facility involved the acquisition of the commercial site at the corner of Fourth Avenue and F Street, relocation of the commercial tenants, demolition of the site, and construction and furnishing of a mlllti-story 150,000 sq. ft. Police Headquarters with an adjoining multi-story parking structure. The project also included landscaping and some off-site improvements to the adjacent property. Funding this project involved General Fund, PFDlF and RDA sources. The annual debt obligations are split between the PFDlF fund (44%) and the General Fund (56%). The General Fund share of the project costs are for the proportionate share 'of the costs which have no nexus to gro\Vth. The final payment is due in 2032-33 (24 years remairiing). 10-3 Item Page 4 of6 Civic Center - 2004 Certificates of ParticiDation Phase I $26.7 million. 2006 Certificates of ParticiDation Phase II $18.2 million On 711 0/200 1, the City Council approved the Civic Center Master Plan recognizing that the existing Civic Center Complex could no longer accommodate the city staff required to service the current population or future population growth. It was determined that modernization and retrofitting of all of the Civic Center Complex buildings were going to be required in order to meet current building code requirements and to accommodate current and emerging technology needs. The Civic Center project had three construction phases, which included the demolition and reconstruction of the City Hall building (18,300 sq. ft.), the renovation of the Public Services building (30,562 sq. ft.) and finally the renovation of the former Police Facility (52,160 sq. ft.). Once the three phases were complete, two other buildings, the Community Development Building and the Legislative Building were demolished for additional off street parking. The annual debt obligations are split between the PFDIF fund and the General Fund (Phase 1.- 82%11 8%, Phase II - 89%/11 % respectively). The General Fund share of the project costs are for . the proportionate share ofthe costs which have no nexus to growth. The final payment is due in 2035-36 (27 years remaining). Debt RestructuringlRefunding Proposal The total annual debt obligations are split between the General Fund ($3.4 million) and the PFDIF fund ($5.2 million). In order for the PFDIF to meet its share of the debt obligations, a total of 597 building permits are needed based on a residential/single family fee of $8,735. Due to the halt in new development and the current deficit in the PFDIF fund, the annual debt obligations must be met by the General Fund which would add $5.2 million to both the current year gap of$4.0 million and next fiscal year's estimated gapof$20 million. To avoid additional impacts to the General Fund, staff is recommending an interfund loan from the TDIF fund to the PFDIF fund of $5.2 million to cover the current year debt obligations. The terms of the loan are for a period of 13 years. The first 3 years of payments would be defeITed with the loan being fully amortized over the final 10 years. The interest rate applied would be based on the City's pooled interest rate (currently 3.80%). A 13-year amortization schedule is included in the Fiscal Impact Section of Report. Additionally, the Finance Department is currently prepming a Request for Proposal to select a Financing Team that will include a Financial Advisor and Underwriting firm. The financing team under the direction of the Finance Director will look at restructuring and/or refunding options for the $114.4 million in outstanding COP debt (as of June 30, 2008) with the primary goal of improving short term cash flow needs in order to meet debt obligations for the next four years. This assumes that new development will not pick up until 2012-13. The refunding and/or restructuring of the debt would provide the City with the time to formulate a funding plan in order to continue meeting the PFDIF share of the debt obligations on a long-term basis. This timeframe also coincides with. the final General Fund payment of the 1994 Pension Obligation Bonds ($2.6 million annual payments), which would provide some additional alternatives. 10-4 Item. Page 5 of 6 After 2012-13, if development does not return to the levels necessary to service the debt then the General Fund would need to begin making the annual debt payments to the TDIF fund of all or part of the approximate $710,000 of the scheduled PFDIF payment. Any payments made from the General Fund would be recorded as a loan to the PFD1F fund in anticipation that the General Fund would be repaid at some point in the future with interest. Due to the current interest rate environment and the uncertainty surrounding the municipal credit market, the refunding and/or restmcturing ~vill likely be costly in ihe long mn resulting in additional costs of issuance, higher interest rates and increased PFDIF fees. Approving the interfund loan from the TDIF wotild provide funding for the current year debt payments due fi.om the PFDIF fund and would also provide the Finance Department an opportunity to work through the various financing options. . Pending the uncertainty in the market, we anticipate bringing a refunding proposal back to the City Council by" the end of the current fiscal year. TDIF Cash Flows The City's Transportation Development Impact Fee (TDIF) program was established on January 12, 1988 by Ordinance 2251. Since its inception, the program has been updated several times to reflect new land use approvals, proposed changes to the General Plan, and updated project cost estimates. New development placed demands on the existing transportation infrastructure, which can be mitigated by upgrading existing and/or constructing new transportation facilities. Chula Vista's TDIF program functions as a system to distribute the cost of constmcting infrastructure facilities in an equitable marmer among new development in Eastern ChiIla Vista. The proceeds from the fee are used to construct new transportation improvements or expand existing facilities. The cash flow forecast based on cash on hand and anticipated expenditures and fee revenues are included as Attachment A. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and the Public Financing Authority members and has found a conflict exists with Council and Authority member Castaneda who has holdings within 500 feet of the boundaries of the property, which is the subject of this action. FISCAL IMPACT General Fund Approving an interfund loan would alleviate the General Fund of having to step in and pay the PFDIF debt obligation of $5.2 million and avoid a significant impact to the General Fund reserves in the current fiscal year. In the event that the PFDIF fund is unable to repay the TDIF over the 13-year payment schedule beginning in fiscal year 2012-13, the General Fund would be obligated to step in and make all or part of the annual payment of approximately $710,000. Transportation Development Impact Fee (TDIF) The interfund loan of $5.2 inillion would reduce the cash balance in the TDIF fund by the same amount. The funds would be paid back from the PFDIF over 13 years beginning in fiscal year 2012-13 at an interest rate of 3.80% (based on the pooled fund rate). Based on the schedule of 10-5 Item Page 6 of6 projects and anticipated timeframes for completion, the interfund loan should not delay or prevent any TDIF projects from being constructed as planned (See Cash Flow Attachment A). If the PFDIF fund is unable to pay the interfund loan back to the TDIF fund in a timely manner, . then the General Fund would be obligated to pay the outstanding balance. City of Chula Vista TDIF Loan to PFDIF Schedule of Loan Pavments ii~f~.~~!~i~~~~,m~.!'Ililii;~it~ii~lli~1ti!tit 01/01/2010 - - - - 01101/2011 - - - - 01/01/2012 - - - - 01/01/2013 437,145.77 3.80% 220,994.48 51,755.04 709,895.29 01/01/2014 453,757.31 3.80% 202,416.24 53,721.73 709,895.28 01/01/2015 471,000.08 3.80% 183,132.04 55,763.16 709,895.28 01/01/2016 488,898.09 3.80% 163,115.04 57,882.16 709,895.29 01/01/2017 507,476.22 3.80% 142,337.39 60,081.68 709,895.29 01/01/2018 526,760.32 3.80% 120,770.19 62,364.78 709,895.29 01/01/2019 546,777.21 3.80% 98,383.43 64,734.64 709,895.28 01/01/2020 567,554.74 3.80% 75,145.98 67,194.56 709,895.28 01101/2021 589,121.82 3.80% 51,025.51 69,747.95 709,895.28 01/01/2022 611,508.44 3.80% 25,988.46 72,398.38 709,895.28 $ 5,200,000.00 $ 1,283,308.76 $ 615,644.08 $ 7,098,952.84 Compounded Interest reflects cost of deferred interest payments in first three years Public Facilities Development Impact Fee (PFDIF) Based on a 13-year interfund loan schedule, the anticipated costs to the PFDIF fund is $1.9 million in interest. The additional costs would be incorporated into the next PFDIF fee update. The Finance Department will review the refunding and restructuring options of the outstanding COPs with the objective of providing long-term cash flow relief. Staff will return in the near future with a staff report outlining the various options and costs for City Council consideration. ATTACHMENTS Attachment A - TDIF Cash Flows Prepared by: Maria Kachadoorian, Director of Finance/Treasurer 10-6 TDIF Cash Flow Estimates Attachment A '2QO !2Q09~:iQo~20,1 ORf2}2019::20l1!;r;{i20l1~201,t~ 202 it2013tt92013~20~~4k !14Q14:;20~ 5~~015iW~2016;2017~20 17.:2018~2018'f20 19 2019~2020"< ;202Q;2021"'11202:1~2022: !eginnlng Cash Balance'- July 1 Note 24,041,958 13,318,224 9,975,599 7,292,855 5,285,453 4,390,589 3,918,151 3,275,508 3,325,068 3,378,178 2.717,460 2,772,642 2,831,433 3,678,311 li'VENUES',il':;"'k~~;jf..,r~~ nvestment Earnings 240,420 133,182 99,756 72,929 52,855 43,906 39,182 32,755 33,251 33,782 27,175 27,726 26,314 36,783 :teimbursements 1 0 1,400,000 fDlF Fees 2 70,000' 0 0 237,545 240,600 243,656 248,749 251,804 254,860 259,952 263,008 266,064 266,064 266,064 _oan Repayments from PFOlFIGF 0 0 0 0 710,000 710,000 710,000 710,000 710,000 710,000 710,000 710,000 710,000 710,000 TOTAL EST. REVENUES 310,420 1,533,182 99,756 310,473 1,003,455 997,562 997,930. 994,559 998,111 1,003,734 1,000,183 1,003,790 1,004,378 1,012,847 ~XRENDJTUiESY,_"",~,,,;;;,~~.~ Jperating Expenses 802,022 401,011 400,000 350,000 300,000 300,000 300,000 300,000 300,000 300,000 300,000 300,000 150,000 150,000 fransfer Out to WTDIF 180,000 Loan to PFDIF 5,200,000 ::;IP Expenditures: G1S-Orthophotography/Topograph 4 0 10,850 C1P Mngmt & Equipment Purchase 5 30,000 0 0 15,000 Interim SR125 F<icility Ph 1 74,874 50,000 50,000 South Circulation Network 16,865 Otay Lakes Rd Wdng (E H To Canyon) 6 37,570 1,100,000 Otay Lakes R~ad Widening (E H St to 1,500,000 1,500,000 2,000,000 1,500,000 Teleg.Cnyn) Ramp Widening EH St & N 1805 7 100,000 Rock Mtn Rd Heritage - la Media 8 0 226,765 0 OlR & E H 5t Pdstm & Traf Stud 0 -.tteritage Road Bridge Reconstruc 9 100,000 100,000 100,000 100,000 407,923 500,000 500,000 d9/0rage Ave/1805 Jnter 0 0 198 East Orange Ave ExtentJon _ 10 1,250,000 0 0 -'Jviilow St Bridge Widening 800,000 1,000,000 0 Traffic Count Stations 95,871 100,000 Transportation Planning Program 100,000 100,000, 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 Traffic Management Center 11 1,875 500,000 500,000 1805Corrdr Improv N Arteril Ops 50,000 5R125 Corridr and Arterial Ops 99,841 Trans Dev Impact Fund Update 12 70,000 55,000 142,500 162,450 185,193 East H 51. Buena Vista to Olay Lakes Rd 500,000 500,000 1,000,000 Tra"nsportation Demand Mgt 1,000,000 500,000 500,000 TOTAL EST. EXPENDITURES 10,508,718 4,643,626 2,650,000 2,207,500 1,807,923 1,400,000 1,562,450 900,000 . 900,000 1,585,193 900,000 900,000 150,000 150,000 Contingencies (5%) 13 525,436 232,181 132,500 110,375 90,396 70,000 78,123 45,000 45,000 79,260 45,000 45,000 7,500 7,500 TOTAL EST, EXPENDITURES $11,034,154 $4,875,807 $2,782,500 $2,317,875 $1,898,319 $1,470,000 $1,640,573 $945,000 $945,000 $1,664,453 $945,000 $945,000 $157,500 $157,500 ~P~YEARiENDj~Sf.':CASRrBATI'ANC~~ $13,318,224 $9,975,599 $7,292,855 $5,285,453 $4,390,589 $3,918,151 $3,275,508 $3,325,068 $3,378,178 $2,717,460 $2,772,642 $2,831,433 $3,678,311 $4,533,657 Notes: 1- Reimbursement to the TDIF fund from other Transportation Programs (re: 5TM351/328) 2 _ Assumes 2% index increase each year, with every third year an additional 2% for theTOlF update. Calculat~d at 300 building permits beginning in FY 12 (low Density + 1 Regional Cmmercial. Assumes that 97% ot projects built by developer and 3% wiJl be paid by TDIF cash_ 3 - Interfund loan from TDIF \0 PFOlF to be paid over 13 year term with interest. 4 -TDlF share 31% (based on original appropriation) 5- TOlF sllare approx. 25% of total 6 - Previous appropriation $900,000 7 - Nearing completion, potential for additional savings in FY10 8- Amount shown is only for portion of preliminary engineering (per 2005 TDlF update, cost estimate at $28M to be reviewed in the next TDIF Fee update)' 9- Amount shown i;> only for pn:ilimin<l:ry ellgineering (per 2005 update, cost estimate at $6.2M to be reviewed in next TDlF update) 10 -Nearing completion, potential for additional savings in FY10 11 -Do not anticipate beginning any work until 2020 (per 2005 TDIF update, cost estimated at $3.5M) 12- Program update occurs every three years 13 -Contingencies approximateiy 5% oftolai expenditures RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN INTERFUND LOA,,\! FROM THE TRANSPORTATION DEVELOPMENT IMPACT FEE FUND TO THE PUBLIC FACILITIES IMP ACT FEE FUND AND APPROPRIATING FUNDS THEREFOR WHEREAS, beginning in 1990, the City began an extensive capital outlay program for public facilities that was to be funded fully or partially from Public Facilities Development Impact Fees (PFDIF); and; WHEREAS, the fees to fund these projects' were initially established by Ordinance No. 2320 in August 1989; and WHEREAS, the objective of the development impact fees are to fund public facilities and related capital needs that are projected to be impacted by future growth; and . WHEREAS, the PFDIF has expended $80 million constructing public facilities on a pay- as-you-go basis using available cash in the PFDIF fund; and WHEREAS, these expenditures funded several major projects, including five fire stations and three recreation facilities; and WHEREAS, in addition, the PFDIF partially funded renovation of the Civic Center complex, South Chula Vista Library, and the new Police Facility using cash on hand; and WHEREAS, three projects (the Corporation Yard, Police Facility and Civic Center) were partially financed through the issuance of Certificates of Participation (COP) for a total of $128.7 million (principal only) over a long-term period using a combination of PFDIF funds and General Fund; and WHEREAS, because these debt obligations are backed by the full faith and credit of the General Fund, the General Fund is ultimately responsible for the payment of all debt obligations, even though, as a practical matter, a certain percentage of the payments are dependent on the fees collected by the PFDIF fund; and WHEREAS, due to the significant housing meltdown and number of foreclosures experienced within' the Ciry of Chula Vista, the development of new housing has essentially come to a halt; and WHEREAS, this has created a cash deficit in the PFDIF fund of $4.2 million as of the end of Fiscal Year 2007/2008; and )'\Allornev1RESQLL,IONS\Fl;""A:-'"CBApproving interfund loan from TOlF fund 10 PFIF fund 12-16-08.doc '. . '.' 10--8 Resolution No. 2008- Page 2 WHEREAS, due to the severity of the housing crisis, it is clear that the PFDIF fund will be unable to meet its annual debt obligations for the next few years; and WHEREAS, in order to avoid an impact to the General Fund, we are recommending an interfund loan from the TDIF to the PFDIF fund for $5.2 million to make the debt service payments scheduled for the current Fiscal Year 2008/2009; and WHEREAS, this will provide the City an opportunity to work through a restructuring of the PFDIF debt obligations with the objective of creating cash flow savings to meet debt obligations over the next few years; and WHEREAS, approving an interfund loan would alleviate the General Fund of having to step in and pay the PFDIF debt obligation of $5.2 million and avoid a significant impact to the General Fund reserves in the current fiscal year; and WHEREAS, in the event that the PFID fund is unable to repay the TDIF over the thirteen-year payment schedule beginning in Fiscal Year 2012/2013, the General Fund would 'be obligated to step in and. make the annual payment of approximately $710,000; and WHEREAS, the interfund loan of $5.2 million would reduce the cash balance in the TDIF fund by the same amount; and WHEREAS, the funds would be paid back from the PFDIF over thirteen years beginning in Fiscal Year 2012/2013 at an interest rate of3.80% (based on the pooled fund rate); and WHEREAS, based on the schedule of projects and anticipated timeframes for completion, the interfund loan should not delay or prevent any TDIF projects from being constructed as planned; and WHEREAS, if the PFDIF fund is unable to pay the interfund loan back to the TDIF fund in a timely man'ner, then the General Fund would be obligated to pay the outstanding balance; and WHEREAS, based on a thirteen-year interfund loan schedule, the anticipated costs to the PFDIF fund is $1.9 million in interest; and WHEREAS, the additional costs would be incorporated into the next PFDIF fee update; and WHEREAS, the Finance Department will review the refunding and restructuring options of the outstanding COPs with the objective of providing long-term cash flow relief; and WHEREAS, staff will return in the near future with a staff report outlining the various options and costs for City Council consideration. J:\AlIomeyIRESOLUTIONS\FINANCE\Approving inlerfund loan from TDlF fund 10 PF"lF fund 12-16-08.doc 10--9 Resolution No. 2008- Page 3 NOW, THEREFORE BE IT RESOLVED by the City Council of the City ofChula Vista that it approves an interfund loan from the Transportation Development Impact Fee fund to the Public Facilities Impact Fee fund in the amount of $5.2 million and appropriates funds therefor. Presented by Approved as to form by Maria Kachadoorian Director of Finance J J:\Allomey\RESOLVT10NS\FTNA~CE\Approving inlerfund loan from TDlF fund to PF, fOd~ 2i 108.00': Itcm 14. A CHULA VISTA CITY COUNCIL REGIONAL AND COMMITTEE ASSIGNMENTS Thc information bclow regarding assignmcnts currcntly held and possible vacancics is in draft form. Discussion during MAYOR'S REPORTS at the City Council meeting of Dcccmber 16, 2008, will pcrmit corrections to this information and discussion for requests for assignment to currently vacant or to-be-vacated committees. Mayor Cheryl Cox Automated Regional Justice Information System (ARJIS) Chula Vista City & Schools Task Force Chula Vista Veterans I-Iome Support Foundation League of California Cities (LCC) Executive Committee, San Diego Imperial County Division Metropolitan Wastewater Commission (Metro) San Diego Association of Governments (SANDAG) Board of Directors SANDAG Executive Committee US Conference of Mayors Council Chargers Relocation Subcommittee (wi McCann) Council Budget Subcommittee (wi McCann) Council Energy Subcommittee (wi Castancda) City ofChula Vista Lcgislative Committcc (formerly wi Rindone) Deputy Mayor John McCann Chula Vista City & Schools Task Force Otay Valley Regional Park (OVRP) Policy Committee South County Economic Development Council (EDC) Chula Vista Veterans I-lome SUppOl1 Foundation Altcrnate International Council for Local Environmental Initiatives (lCLEl) Alternate Metropolitan Transit System Board of Directors (MTS) Alternatc San Diego Association of Governments (SANDAG) Board of Directors 2nd Alternatc SANDAG Regional Planning Committee Altcrnate Council Chargcrs Relocation Subcommittee (wi Cox) Council Budget Subcommittee (wi Cox) Councilmember Steve Castaneda Inter-Agency Watcr Task Force International Council for Local Environmental Initiatives (lCLEl) Metro Wastewater Commission (Mctro) Altcrnate San Diego Association of Governments (SANDAG) Energy Working Group Alternate Council Energy Subcommittee (wi Cox) Council Public Safety Subcommittee (wi Ramirez) Councilmember Rudy Ramirez Council Public Safety Subcommittee (wi Castaneda) South County Economic Development Council (EDC) Alternatc Vacancies San Diego Association of Governments (SANDAG) Bayshore Bikeway Committee Intcr-Agcney Watcr Task Force Altcrnate (formerly Rindone) San Diego Association of Governments SANDAG 1" Alternate (formcrly Rindone) South County Economic Development Council (EDC) Alternate Lcague of California Cities (LCC) San Diego/Imperial County Division Executive Committee Alternate (formcrly Rindone) Metropolitan Transit System MTS Vice Chainnan (formerly Rindone) Otay Valley Regional Park (OVRP) POM (Park Owner Managcr) reprcsentativc (fonncrly Rindone) City ofChula Vista Legislative Committee (formerly Rindone) 14--11 ITEM 14-B THERE IS NO BACK-UP MATERIAL FOR THIS ITEM ~ (r/~ iD L.Ollfl!-7~e., 4~AJer7 A-f IJ-(rbjog &u4L-f~ /lily' /3/ (!) -f(!/hf --J r,{/11\J (-re 2-- oscar juanitez Rola muv buenas tardes mi nombre es ClaUdia~OJ' ano tengo 3 nIDOS dos de ellos estan en ~ 1 ~ / estrech en la escuela harbarside . . Estoy muy angustiada par que se que existe la posibilidad de que desaparesca estrech en las escuelas . Pc Mis hijos y yo fuimos victimas de violencia domestica,;1hora vivimos en un albergue ~emos pasado p,?r uti episodio muy dificil,fla sido un proceso que a afectado mucho nuestras vidas, ':1e que quizas se preguntaran por que menciono esto pero quizas es solo par que quiero pedirles que imaginen 10 dificil y cuanto afecto a mis hijos todo esto por supuesto su autoestirna y confianza en ellos rnismos se fue a los suelos cuando ell os comenzaron la escuela kinder sus grados eran muy bajos ellos no tenian animo de ir ala escuela mucho menos de comprometerse no Ie encontraban sentido eran un tanto aislados retraidos no tenian animo de hacer amigos uno de ellos incluso no seguia las reglas desobedecia a la maestra no queri'il' hacer SU3 trabajos en clase molestaba a otros ninos el otro no hablaba con nadie casi ni dormia del esstress que Ie generaba ir a la escuela por que sabia que no estaba haciendo las cosas bien pero no podia enfocarse; este ano mis hijos comenzaron a asistir a estrech y han tenido cambios significativos , todos ios dias se levantan con entusiasmo de ir a la escuela han aprendido a seguir las reglas Ie han encontrado sentido a la escuela en sus maestros han encontrado personas que no solo les dan cui dado infantil han encontrado amigos carino comprension ensenanza estan aprendiendo que en la vida hay estructuras,en sus companeritos han encontrado verdaderos amigos ,esos amigos que solo se ganan en Ia infancia . EI episodio tan dificil que vivimos les robo un poquito de su infancia que gracias a este tipo de programas tan bien armados y con solo el fin de ayudar a Ios ninos, mis hijos la han ido recuperando . En los grupos de violencia domestica a los que asisto me han hecho ver que cuando nuestros hijos viven en un ambiente hostil cuando son adolecentes sus probabilidades de convenirse en pandilleros drogadictos son mayores pero cuando Ios sacamos de ese ambiente hostil que se vivie en casa es solo una parte de 10 que hay que hacer para que ellos rectifiq uen j Lmto con uno la otra pane es envolverlos en un ambiente saludable donde no solo se aprenda matematicas 0 ciencia sino valores, principios , reglas , amistad y muchas cosas que uno aprende cuando esta rodeada de personas con todo ese contenido eso es estrech para mi . Yo estoy aqui para mostrarles de que forma a ayudado estrech a mi familia incluso ya no han sido necesarias las citas con la terapeuta esta es una foto de mis hijos antes de estrech y esta es la foto de hoy , no se ustedes pero yo quiero ver crecer nosolo a estos dos ninos asi sino a todos . Les pido desde el fondo de mi Corazon no les quiten estrech a estos ninos no orillemos a nuestros hijos a perder el entusiasmo por la escuela no les demos tiemo Iibre para crear pandillas 0 caer en una. Por medio de la presenle Ie pido al slafY de la escuela Harbosrside, que alguien me haga el favor de leer mi pelicion mne la junta que se realizara hoy en city hall . Por motivos que estan fueran de m! no voy a poder asistir a esta junta pew es para m! muy importante que alguien me haga el favor de leer eslO por mi . De antemano muchas gracias . I dJl C A D1A ROJANO (6 9) 876- 37 49 Befvr-c ~~ '-"~t';~_ \li ! ~ ! ~- i . f: Ii ~ ~l f>l ~ I ~ '~ A "j j t1 "I ., "';j I ~ Ij) [t , .~ :1 ;-J ~~ ~ \ J ~ l Dear Mayor, I am the single mother of an II year old girl that is currently enrolled in the STRETCH program, at Rice Elementary School. She is also registered at the Chula Vista Boys and Girls Club. [ would just like to take a few minutes of your time, to tell you how valuable it is to me to have the STRETCH program. Angelica is a student who has ADD. She needs structure, and the STRETCH program otfers that structure, in a safe and educational setting. The Boys and Girls Club does not offer programs with the structure... the kids are just allowed to hang out and do whatever they want in a group setting. lt would be very difficult for me to travel to another part of the county to pick her up from an after school program. The STRETCH program is far and away the best program for my child, because it does offer educational programs. Angelica has been in the programs with the YMCA, and the Boys and Girls Clubs for the past 4 years, when the STRETCH program is not available. It is extremely expensive, for both of these programs, and as a single parent, it makes it hard to put food on the table when you are paying high fees for daycare. The STRETCH program has qualified staff that can cope with my child who has ADD. They offer the structure that Angelica needs, every minute of the after sc\1001 program gives the kids something to do that enriches their education, and helps define motor skills, and is helping her succeed in school. It would really be a great loss to my daughter if she does not attend the STRETCH program. And to travel to another part of the county in order to pick her up on time, would be another challenge. [work some days in Kearny Mesa, and getting through the traffic to go to another part of the county on time (5:30 pm) would be virtually impossible for me. Thank you for your consideration. I hope the STRETCH program can stay at Rice, and that the program remains in tact. [would be willing as a parent to pay a small fee in order to keep the program functional. Thank you again. Debora Boldridge 358 I St Chula Vista CA 91910 CC)\)\\~\ \ III t:\1l~\ · ..-- _- . _.___--- .. Snb5.-- ____________ _~20I-SJD,\\')Ic~~\:'0 Y9D:'5~-\n.~ ,,' . . ____--- __~~'u--S wc:\K.. ___.=1\ _~-Q,.\\\ _+\f.!L-6:2.~'"}( ~.J'l~h('( ~--- _ ____._ _ . .led \:e"'__(,;\&'1ul'o.eLC.'.)?;<L- W ~,W _10 \, ( SLCil lJL)<2. - .. .___----.. _~,-l-nCU':UJ(}2 . nL~ tel'" 1'6~ \.\es.i\..Rtre.-.--- _----- isJ-ls . (1 I w.';:' \~E'.c.':{Dy-~dci.G.-;> \1'1:01----- __----1\\ieSil'G&'--titleS-urd-lmc\. Y00 C(J Il--- __-- __ rlr J "11((\0.'0::;'.) il<:)yt.\l\f::Lcb...'i 0" ,- _ ___-- =}'.0M2f?t\'~~~ r~~tD~,0~{~~:tt~-- __------- ~u.:i1.\\l-.-..J.D...S-il.l.-l:-lc.---~- -. .15._- -- ___-.--- ..0:5'5-..:0['9 'E, -"IeiK:_h~,ec \1,,:\.. 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'Petitiol1~~inr11~iY~nd '. . oackgrbund . < . . Action peiitiOned'f6( . . ".... · PriritedNal11e' .' \>".1\:1'-"<'> , \'IA .1'\ H JDsef SOuS C{<t'i~.~~H~...G. ,L..~ 1'A"12C\ 'i2 ,'(1\ "lAc... i>Cc ,'I'':,[,I/i) G.c,,-, ///., t "'", fL, '" if (brralt'1 E1(iArC1' "'-, The City of Chula Vista is facing a 20 million dollar deficit to begin the 2009 fiscal year,~AII City Departments have been asked to submit their proposals for their potential budget cuts, The Library Depaltment's budget has been cut significantly, which can possibly impact the Educational Services Division (The DASH and STRETCH After School Programs) by no longer being the contract partner with CVESD (Chula Vista ElementalY School District), We, the undersigned, are concerned citizens who urge our leaders to act now to KEEP DASH and STRETCH After School Programs under The City of Chula Vista, Library Department, and Educational Services Division, . SJgnature' Address . ~ ':: . . Comment 'Date ;//!'/h,"..J ',Iv H--6 .... It<',! i '" 5' ';'/II,I:k " 5.ss ;J It/ Cf"S 5T ;J-iJ<l CI) '07& IAJ'-q;( '", . ( _2&-""5 [,VC.,~ ;1 . rl ../7- , " -<? c::::- ;.-''2'- ._~~~--.- , !- 1'-11213 Cv .' !~(D A{cP hl\ II Zd li6 P~PO-SR ~QP <:;;n:;,;f./' 11):UoIG){ ~.r-(1A IJ (100 J)Ujk,,,i 1)1,) 1/:;' c;:; 1053 00 bel W h /lvLQ chwC'- VIC,,/t' CA (;\19(1 Petition to KEEP DASH and STRETCH After School Programs with The City of Chula Vista, library Department, Educational Services Division 'PetitiOri'sur1lmary<3nd . 'Datkg-rouri~::' :." .,...... ,'.", . Action petitignecf for '. Printed ~ame. . The City of Chula Vista is facing a 20 million dollar deficit to begin the 2009 fiscal year)-AII City Departments have been asked to submit their proposais for their potential budget cuts. The Library Department's budget has been cut significantly, which can possibly impact the Educational Services Division (The DASH and STRETCH After School Programs) by no longer being the contract partner with CVESD (Chula Vista Elementary School District). We, the undersigned, are concerned citizens who urge our leaders to act now to KEEP DASH and STRETCH After School Programs under The City of Chula Vista, Library Department, and Educational Services Division. Add ress Comment . ".. . Date' !\ '" JiVe... f\ ') ( u U\. "1' "\.\\ ~. \0 2'5 \)aO(l<JW!l'I~I~ ~) UN 0bC;P1J::pH \ 00 0(0[( ~vv - ~ ~ bsle;p ~1)fp(6q I Petition to KEEP DASH and STRETCH After School Programs with The City of Chula Vista, library Department, Educational Services Division , Petition ~uiTi;"a;Yand ' " oackground ' , The City of Chula Vista is facing a 20 million dollar deficit to begin the 2009 fiscal year.,cAII City Departments have been asked to submit their proposals for their potential budget cuts. The Library Department's budget has been cut significantly, which can possibly impact the Educational Services Division (The DASH and STRETCH After School Programs) by no longer being the contract partner with CVESD (Chula Vista Elementary School District). We, the undersigned, are concerned citizens who urge our leaders to act now to KEEP DASH and STRETCH After School Programs under The City of Chula Vista, Library Department, and Educational Services Division. " Actionpetiti6hed;fof ' , ' , , , PrintEidNaine ' .. SIgriature &ttic.Jl:MH I Afldress . (.~:' Date., B '/ LiD fl(4~ ).." \'~l"7. () N\Q< ~1bJ",c',~\i{..{" M...,. ",,\.,,(oIJ-e;>. to$, L1JL>"J(~<r,' l'\vf- ctd.. v,5\.' (A' 711/\ e,\ gl;> ~""'t......\V\.u- c.....J 1\ /"!Avc)."o If -'2t -61} Petition to KEEP DASH and STRETCH After School Programs with The City of Chula Vista, library Department, Educational Services Division , PetitiOD's~rhrharYand ' ',' The City of Chula Vista is facing a 20 miljion dollar deficit to begin the 2009 fiscal year.,iAII City Departments have been oackground " , asked to submit their proposals for their potential budget cuts. The Library Department's budget has been cut significantly, " which can possibly impact the Educational Services Division (The DASH and STRETCH After School Programs) by no longer ", ,c',:,, , -- ' being the contract partner with CVESD (Chuia Vista Elementary School District). " Action petitioned: for We, the undersigned, are concerned citizens who urge our leaders to act now to'KEEP DASH and STRETCH After School \' --' , '. :-., .~. - . Programs under The City of Chula Vista, Library Department, and Educational Services Division, I PrjritedNaiiie' , Address ' Comment:, ' Date C3 I ii'JrJ~lo, ) {)nC-;;1c, N ('J rt~ 1/J7[7or Tel;'? €.I ?C1 y~ "'0 IJO h "uded fa, /uc/ 1/11 efCA- fileS/1cA A I CA ):"112 O;2,f;~O ck ~e5{)5 !Vo /0 Vf < iI/J6/ot lb" [r floc r ~;ig OfofOJ/lOS /0 !1<?ceSltrnCJS Ilea \ Petition to KEEP DASH and STRETCH After School Programs with The City of Chula Vista, library Department, Educational Services Division 'petiti8rl5~ri1 rilary'ilhd , Dackgrcirirfd " Action petitibrfedfcir , . , The City Df Chula Vista is facing a 20 milliDn dDllar deficit tD begin the 2009 fiscal year.,'AII City Departments have been asked tD submit their propDsals fDr their pDtential budget cuts. The Library Department's budget has been cut significantly, which can pDssibly impact the EducatiDnal Services DivisiDn (The DASH and STRETCH After SchDDI PrDgrams) by nD IDnger being the contract partner with CVESD (Chula Vista Elementary SchDDI District). We, the undersigned, are concerned citizens whD urge Dur leaders'tD act nDW tD KEEP DASH and STRETCH After SchDDI PrDgrams under The City Df Chula Vista, Library Department, and EducatiDnal Services DivisiDn. , PririteM~aine Address " f:~". . E\2[ I4.::DAfJu/>.' I"/(f{~ . Petition to KEEP DASH and STRETCH After School Programs with The City of Chula Vista, library Department, Educational Services Division '; Petition sOihrharY'and . . background' The City of Chula Vista is facing a 20 million dollar deficit to begin the 2009 fiscal year.;\AII City Departments have been asked to submit their proposals for their potential budget cuts. The Library Department's budget has been cut significantly, which can possibly impact the Educational Services Division (The DASH and STRETCH After School Programs) by no longer being the contract partner with CVESD (Chula Vista Elementary School District). We, the undersigned, are concerned citizens who urge our leaders to act now to KEEP DASH and STRETCH After School Programs under The City of Chula Vista, Library Department, and Educational Services Division. .' Action petitlohecffor . . '. . PriritE!dl\liune, '. . Address- -:' t l,,?:> 1> ,'Q~r\'^1 $- /tft 0\A~(5~ef\ 1\ '{fb0 'Voc<<\V-f ~\ f'rr('<. {?, ~1 \)IQ ~\c'" ~'l \\=~~:;\r-,,,",\ %\"<l,"1;:-I \ Q..bl \lL. . ~d '\" Date' .Y I I 1... j \ Petition to KEEP DASH and STRETCH After School Programs with The City of Chula Vista, library Department, Educational Services Division . p~ti~iciHiGIriinarYand .. ". The City of Chula Vista is facing a 20 miljion dollar deficit to begin the 2009 fiscal year.,.AII City Departments have been 'backgrOund" . -.... asked to submit their proposals for their potential budget cuts. The Library Department's budget has been cut significantly, . . which can possibiy impact the Educational Services Division (The DASH and STRETCH After School Programs) by no longer .. being the contract partner with CVESD (Chula Vista Elementary School District). .'.'. ....... - . . " Action: petibohedfOr . We, the undersigned, are concerned citizens who urge our leaders to act now to KEEP DASH and STRETCH After School ...... ". Programs under The City of Chula Vista, Library Department, and Educational Services Division. Printed Name Signature . . Address . OJ lV'\JUS v\I 6\vd Sf'c, t:: -(0 \ \00\1""\ UuJ' nc.. ~\:>c... E-13 . Date' \I/2slil8 11/25/08 . li\ , (f' }e'::'L('-s Petition to KEEP DASH and STRETCH After School Programs with The City of Chula Vista, library Department, Educationai Services Division . 'petitiOri.sbihri1~rY'imd ' ", " D~ckgrbu;;d" .. .; The City of Chula Vista is facing a 20 million doilar deficit to begin the 2009 fiscal year."AII City Departments have been asked to submit their proposals for their potential budget cuts, The Library Department's budget has been cut significantly, which can possibly impact the Educational Services Division (The DASH and STRETCH After School Programs) by no longer being the contract partner with CVESD (Chula Vista Elementary School District). We, the undersigned, are concerned citizens who urge our leaders to act now to KEEP DASH and STRETCH After School Programs wider The City of Chula Vista, Library Department, and Educational Services Division. '. Action petiti6necf foi: PriritedName . 1'S:igriature . Address '. '''.: ;'::. Comment . Plec~", do (I Date ~[~C"'h3 vAIl... \,vIA/VI,,5 ,;-1- (" U \~ . Ctl"t '3 :>, ( I V'j14 II :25 . , . 0) I Petition to KEEP DASH and STRETCH After School Programs with The City ofChula Vista, library Department, Educational Services Division ...,. coo"_ ...,.,.,:-,-,,-..... .P~titibi1s~rrllilary.and . :.' The City of Chula Vista is facing a 20 million dollar deficit to begin the 2009 fiscal yeaL';AII City Departments have been background '. ';" asked to submit their proposals for their potential budget cuts. The Library Department's budget has been cut significantly, , which can possibly impact the Educational Services Division (The DASH and STRETCH After School Programs) by no longer - ..:.:..:..... being the contract partner with CVESD (Chula Vista Elementary School District). Action pet;tioh~d;f6{ ...... We, the undersigned, are concerned citizens who urge our leaders to act now to KEEP DASH and STRETCH After School '. -. '. Programs under The City of Chula Vista, Library Department, and Educational Services Division. <- ,. . PriritlidNillne . " "!jigriature : ."".,. Comment 'Date . Qsf. Kat€ gel V1OSL) u'S-V,U2lo e IO,J-(., (}e-IC(",vv"" C~-l.:. U<;\-.. CA 'H'lll f\.,1 vcL _ 0; 1'\" C <; \'Q (,S C-c ? \~ G I\)S tI,'j K;!) f~tt, J er1'l ;t~ \t.2/. 'o'i Petition to KEEP DASH and STRETCH After School Programs with The City of Chula Vista, Library Department, Educational Services Division . PetitiClri,,~Grr1rharYand . The City of Chula Vista is facing a 20 million dollar deficit to begin the 2009 fiscal year.,iAII City Departments have been iJatkgr6~fidi"i . asked to submit their proposals for their potential budget cuts. The Library Department's budget has been cut significantly, . . ..Hh....... which can possibly impact the Educational Services Division (The DASH and STRETCH After School Programs) by no longer being the contract partner with CVESD (Chula Vista Elementary School District). Action petiti6he(jfor . We, the undersigned, are concerned citizens who urge our leaders to act now to KEEP DASH and STRETCH After School I.'. ....:..':. ""'. ,'. Programs under The City of Chula Vista, Library Department, and Educational Services Division. ,PrintedName ..' Signature . Address \eB\ tJ~lhD/-J"..e V' U''- PI, toll \ .., Cl:1 Ie . ~11 L-( {Oif'o- ( '':;; 0' iliA lti\ V LSftt 04 f.{ h II 1),0 5''1 tlve It oOt o -.I \J. ",. 1'iCfTlJf2o,f(Y C Hu 5 ,- ,IZq !'>="i IIkd s'-'\.\c () C-\Avb Cl,:>.\-e< cf'. .<----.11.. 5cIO ANr:'li-S- J\r'L>ir C 1-\0\.1\ \( r"M" (1\ t 191\ commeht. ~tLli\ "J roJ.\-c","""'rY'C\-4k~. ycl:-!\''6i\}O V HI' .l'yu\,-",.h,U\ L e.~-np..",,) A.y''l't''->'Y''':>i'j\ "Ie v"'Iii~'" T" . .it \--'l;..S '\ulJ:",J IV-VI (;.~\',\c\'i. L.~,V\.O",J,"<;l ,,,,cLlJ.-:oc(.""',ilj \1 <!'ii\; \ ,ue c eJ,I"" r:/<"'Y i;1 vt C!? J ~ d.e? Cl '- ,iJ<2J<! (1.10 i.lie.- G'J'v' J '. JJ~ceSI~I.)e\( i \6\1V\~ \0 \ Date' "- II. '[50 ~\ -~ 5-()' \ II) \.(.iy II ~G~ j i/,)., 6 1/ ' Additional Information Item 11 Mayor Cox, Ladies and Gentlemen of the City Council, ~~elYed. C/"Y tlerK. ~ 1"2-1/f,(08 3:oS- PM Ii DD I T7 Df'( A L I f'/fi)f!JYI ~T7 ON lTE"M 11 " I am an "hourly" librarian for the city of Chula Vista. So yes, my life will certainly be affected by the proposed budget cuts. I will survive, however, because I am educated and I have adequate computer skills. I'm here as an advocate for the people who use the Chula Vista library because they need our services so they too can participate and compete for jobs in our technology driven society. I'm here for the parents and caregivers that do not have adequate literacy skills themselves, but want their children to have a better life. For the ones that bring their toddlers to story time so that they can enter kindergarten ready to learn. For those who bring their school age children to use our computers because they can't afford to buy them. For these people, the library is not a luxury, it is a necessity and we all have a stake in this. It is irresponsible and counterproductive to cut library programming and hours of operation at any time. In the dire economic circumstances that we now face, it is unconscious-able to cut them. This is when people flock to the library to borrow the books they can't afford to buy, and to use the Internet because they can no longer pay their cable bills. This is when we should be investing more in our libraries. The library has already cut hours of operation and essential literacy related services to comply with funding reductions. I have seen firsthand the hardship this has placed on library users. I worked on Sundays at the branch on 4th and Orange until they closed their doors to comply with the last series of cuts. During that time I got to know many of the "Sunday regulars", the parents who would sit and read or even watch and learn from their children as they used our computers and books to finish their homework. IN addition we recently cancelled our Monday morning story time. Last week 62 people showed up for the program. Many of these families rent apartments and homes near the library. Closing Sunday afternoons and cancelling story time has no doubt placed an additional obstacle in their already disadvantaged chance at success. It is my understanding.that for the purpose of allocating budget cuts, the library has been categorized as a "non-core - non-safety" operation. As such, it will share the brunt of the cuts. I would like to argue that library is most certainly a core and safety related component of the city. While the police and fire department often provide reactionary services, library programs like "ready to read" and "story time" offer preventative benefits. These are the programs that shape the future generation of Chula Vista. At this time, I would like to briefly share with you the results of a long-term study that tracked 1000 preschool aged children from low income famil.ies in an urban area of Chicago. It was named the "Chicago Longitudinal Study" and information about it is readily available on the Internet. Half of the sample participated in early literacy programs similar to "story time" and "ready to read". The other half did not receive any special programming. The researchers tracked these children for 15 years. .. They found, children who attended literacy programs: o Throughout school they significantly outperformed those in the comparison group. o They experienced less grade retention and special education placement. o And, had a 37% lower rate of juvenile arrest by age 18. Furthermore, for every dollar invested in the program $4.75 was saved by society at large in reduced costs of remedial education and justice system expenditures. In other words, literacy programs proved to be cost beneficial. The findings in the Chicago study clearly show that our library services do constitute core and safety characteristics. The library is part of the recovery and solution process. Please do not force us to make any more cuts. Thank you. Linda Brawley IIbrawley@cox.net 619-251-9407 More info on fhe Chicago study can be found at: http://www.waisman.wisc.edu/cis/NEWSLETN.PDF N' '7fE'W: , is'' D11E' 'lLIE- AI C F .::' 'J ~_~~' j _'~ ./ ~~ ,~/:,. ,J. .J .f ,Pl ~l.g,. ~u?- :A~~ ~ CITY OF CHULA VISTA Office of Communications CaNT ACT: Liz Pursell, Director of Communications (619) 691-5296, office (619) 857-9166, cell FOR IMMEDIATE ImLEASE: December 9,2008 "Anzels for Animals" Donation Drive Supports Citv's Homeless Pets Chula Vista's Animal Care Facility has launched Angelsfor Animals, a donation drive to sUPPOt1 the simple needs of homeless pets at South County's only shelter. To cope with the ever increasing demands on the City owned shelter--including significant budget reduetions-- staff and volunteers arc using the Angels for Animals campaign to draw attention to the plight ofthe region's orphaned pets, The public is being asked to support the facility by donating basic supplies including: pet beds; kennel dog beds (donate online at www.kuranda.com); new or used towels and blankets; newspaper; and pet toys, Bins for donations have been placed at 17 different locations throughout the city, Leam more about the donation drive, bin locations and how you can help by visiting www,chulavistaea,gov/pets, Today's economic conditions are impacting animals as well as people, Shelters arc swamped with abandoned and homeless pets, At the Chula Vista Animal Care Facility, staff and volunteers arc overwhelmed as they care for more and more homeless animals in need of food, shelter and a good home, Last year, the shelter took in more than 8,000 animals in need-this year's number is trending toward a 20% increase, "People losing their homes to foreclosure or losing their jobs may decide to leave their pets behind or turn them over to the shelter," said Deputy City Manager Leah Browder. "Others can't afford the medical care for an animal with a skin condition or showing signs of illness, It is terribly unfortunate, but pets are being abandoned at an alarming rate." 276 Fourth Avenue, Chub Vista, CA 91910 I www.chulavistaca.gov I (619) 691-5296 I fax (619) 409-5448 I communications@chulavistaca.gov " 2-2-2 "Angels for Animals" Another challenge for the Chula Vista facility is that fewer owners are bothering to spay and neuter their pets. Add to that a yearlong kitten season, the shelter has been hit with a tidal wave of babies too young to survive in a shelter environmeilt. The shelter's foster care program helps these tiny animals survive and thrive. The program is in need of more volunteers. Visit the Chula Vista Animal Care Facility at 130 Beyer Way, or call (619) 691-5124. ### ~\~ --r- --:..- =~ ANIMALh CARE FACILITY C1lY OF (HUlA VISTA INFORMATION ITEM TO: VIA: FROM: DATE: SUBJECT: Honorable Mayor and City Council Scott Tulloch, Interim City Manager c::;,"-- Leah Browder, Deputy City Manager/Library Director+!> December 9, 2008 Home 4 the Holidays and Special Adoption Fees Chula Vista's Animal Care Facility is proud to be taking part in the worldwide Home 4 the Holidays campaign trying to find 1,000,000 homeless pets new forever homes this holiday season. Our local goal is to beat last year's 534 adoptions with a new record of 575 placements. An area of focus for us with this year's Home 4 the Holidays effort is finding homes for our special needs pets and for the Shelter's longer-term residents. In order to support adoptions of these animals, we will be offering special adoption fees of $50 for dogs (compared to the normal $75) and $40 for cats (compared to $65 normally). Adopting families will also receive a $20 gift card generously provided by one of our most supportive local partners, PetCo. This Adoption Fee Reduction Program will run through January 5, 2009 and will apply to all animals that have treatable or manageable medical conditions that might require surgery and/or ongoing medication. If we can find adopters interested in a pet needing surgery, we will work with them and our local partners to try to find the surgery at a discounted rate. Also included in the program will be our longer-term residents - those animals that have been with us for more than 30 days, except for those returning from our foster program. This fee reduction effort will kick off this Saturday, December 13th at the "Adopt a Pet at Eastlake Vet" Event graciously sponsored by local veterinarian, Dr. Ginny Bischel. Dr. Bischel's celebration will feature several of our special needs and long-term shelter residents. Also happening on Saturday, across the street, Shelter partner Eastlake PetCo will be hosting an event starring some of our more robust newcomers. While there is the possibility of the loss of some revenue, those losses would be mitigated by the cost savings of moving some of these more difficult adoptees out of the facility. Even more important is the chance to save these pets from euthanasia. Meet Eve, Chula Vista's 2008 Home 4 the Holidays Ambassador. Sweet, gentle Eve, has a new, loving family thanks to Deputy City Clerk Lorraine Bennett. Thank you Lorraine!!! ~,\ 'fA:r~~~~~~:\~~~~~~~ J;~5 l ~,~\ ... \ ..... ~ ,. . . ' .. ,~ . . ,"\ " ~. ,0;:: '" ,.. ,'" (, ~f:' ~\MINi,lber\St~i~ . ~ :' ,..\ \ll451hAve.. ,: _ lCh~~V1SI~,G'~~19JO.I~~5 '-.; ~ ~.:: ~~:~~:;'.~. :~"'~ ~*..t. ~ ',~~ Norbert Stein Residential Rates 32- gallon cart $ 11.77 $ 1.02 64- gallon cart $ 15.24 $ 1.33 96-yallon cart $ 17.93 $ .1.56 Commercial Rates 3 yard bin 1wk $ 85.04 $ 7.39 3 yard bin 3wk $ 256.25 $ 22.28 Roll off box Rates Compactor $ 199.93 $ 17.39 Opel! top $ 129.19 $ 11.23 . Currell! franchise lee - 8% is collecled DY AWS and passed throu\jh to the City frolll the rate payers 2% is paid l1y AWS directly per contractual argreement for a lolal 0110% Franchise Fee. Plojected fee increases are calculated on tile p<lSS through portion of Ihe fee only. 2% increase in franchise fee is approximately $380,000 \"V'-.L/\,\V",\-I;;", '. '.'-'-',,_ V," v \ CHULA VISTA FRANCHISE FEE INCREASE ANALYSIS -DRAFT Customer Impact Examples & Revenue Increases 0.50% $3.11 0.75% $3.47 1.00% $3.84 1.25% $4.21 1.50% $4.58 ..J. ~'$3 1.75% $4.~9~ 2.00% $51~1~Th, ~lllb5q. 'Based on Summer rale schedules & includes commodity, uDc:1Th1i1::,5erYiCerr?:d;'~~i~1"s. "Baseline Franchise Fee values are derived (rom whaltChula ViSI~~.r:;~ are actw.:tlly paying, nollhe fee rale (1.25% Elec., 2% NG) arliculated in the SDG&E MOU. Chula Vista customers are currenlly paying Ihe SDG&E territory-wid I)fee~~1o/JW~ and 1%'f(~t;).. exee pi for non-SDG&E supplied energy. . Ii'" ,,\i!;1l1~ '''Assumes 40 kW monthly maximlJm demand. ' '}~~ ^Eslimated City revenue increase based 0 07 energy sales ~ $131',4,16,052 (Elec) and $91,840148 (NG) - which mcludes Imputed values from retail wheelmg and will likely change fOI 2008 due to already-approved energy rate chan J~' -~. ^^ApplOxll11ately 55% of Franchise Fee revenues f 'natural as areallnbutable to power generallllg faCilities (ex. South Bay Power Plant and Mal!1 Street Peaker Plant) wlthr'l Chula VIsta. ELECTRICITY Estimated Cost' NATURAL GAS Monthly Baseline (Therms) Monthly Use (Therms) Estimated Cosl" Estimated Tota! Cost BASELINE FRANCHISE FEE No Change" (Elec - 1.10%: NG - 1.00%) FRANCHISE FEE INCREASE AMOUNTS (for botll Elec. & NG) 306 500 $78.39 15 50 $69.35 $147.74 Updated: December 5,2008 $1.56 il!!!.$.1!l1~m!i! 1I1(~~il!\j$~ illilJ4$\j;1~ ~$32f7j]!l ~$.~~T3~ ilJiJ4)199B1 $657,080.26 $459.200.74 $1,116,281.00 $!J85,620.39 $688.801.11 $1.674.421.50 $1,314,160.52 $918.401.48 $2.232.562.00 $1,G42,7[)().G5 $1.148.001.85 $2,790,702.50 $1.971.240.78 $1.377.602.22 $3.348,843.00 $2.299.780.91 $1.607.202.59 $3,906,983.50 $2.628,321.04 $1.836,802.96 $4,465,124.00 Michael Meacham '\ SAN DIEGO GAS & ELECTRIC COMPANY Local Franchise Fee Calculations Calendar Year 2004 Franchise Fees Percentage by City Franchisor Revenue Franchise Fee ::ee 2S % or Revenue ELECTRIC :\Iiso Viejo 58 $1,170,512.00 511,689.67 1.00% Carlsbac 44 563,417,563.00 5633,628.44 1.00% Chula Vista 3.:1 $70,015,925.00 $769,0',8.29 1.10% Coronado 43 $13,899,238.00 $138,915.55 1.00% Dana Point 62 $17,581,914.00 S175,62378 1.00% DelMar 02 $4,1'13,379.00 $41,123.65 1.00% EI Cajon '15 $47,155,466.00 $470,41906 1,00% Encinitas 41 528,782,045.00 5287,551.31 1.00% Escondida 65 $60,142,69200 5600,298.31 1.00% Imperial Beach 35 55,099,215.00 S60,720.15 1.00% La;Juna Beach 63 52,352,567.00 523,50976 1.00% Laguna Hills 55 510,435,310.00 $104,322.66 1.00% Laguna Ni'guel 59 523,542,958.00 5235, '198.93 -1.00% La Mesa ',4 526,420,357.00 5253,938 90 1.00% Lemon Grove 29 S8,556,4S2,OO S85,339.22 1.00% lViissioil Viejo ~, $20,761,26S.00 5207,281.35 1.00% 0..., ht2.tional CilY 25 $23,988,422..00 $239,574.13 1.00% Oceanside L:. $32,349,5"000 S502,332.04 0.81% Poway 21 $32,847367.00 $323.23025 1.00% Sail Clemente 57 $28,539,51700 $235,513.3C1 ~I.OD% San Diego City 0', S657A 'll.38~.OO S45,86L,605.05 6.S7t;,'o SJ Capistrano 55 $',6,248,1"0.00 5182,37070 1,00% San tv'i2icas IS 533,422,653.00 5333,951.30 1.00% Sante2 17 $23.515.042.00 $234,236.37 1.00% Solan2 3eac:h 42 5-3,535,8-49.00 535,354.35 i.OG% \lisl3 70 S40,.:>42,701,OD $407,357.32 1.00% Counry of Orangs 6D S~18,6S7 ,702.0D $105,376.16 0.55% C-:J!.mty of San Diego "II $223,073,269.00 52.227,552.05 "1.00% TOTAL E~ECTRIC 51,585,971,117.00 $54,905,752.53 3.46% TOTAL EXC. SAN DIEGO 5918,559,23300 $9,041,14752 0.98% \'-'V,.o'\""",.( ~A~\''''''''^ 'j' .' SAN DIEGO GAS & ELECTRIC COMPANY Franchisor Local Franchise Fee Calculations Calendar Year 2004 Franchise Fees Percentage by City Revenue Franchise Fee :ee as % of Revenue G,';S Carls bad 44 Chula Vista 34 Coronado 4' 0 Del Mar 02 EI Cajon 15 Encinitas L" " Escondida 65 Imperial Beach 35 La Mesa " h Lemon Grove 29 National City 25 Oceanside 45 Poway 21 San Diego City O~I San Marcos 73 Santee 17 Solana Bea:::::h 42 Vista 70 c.ou:!ty of S2n Diegc. ~i ~I TOT.t..L G,~S TOTAL EX-C. SAN DIEGO $31,738,84800 $317,21359 1.00% >38,083,51400 $760,998,00 200% $6,476,08600 $64,736.30 1,00% $1,559,23400 $',5,589,10 \.00% $15,199,069,00 $151,627.74 100% $12,404,29400 0142,127.44 1.15% $20,574,238,00 5216,096,14 1.05% >3,079,021,00 $30,70328 1,00% 59,609,58700 5100,48460 1,05% $3,486,278,00 $43,707,82 1,25% >6,053,52100 $55,211,74 1.08% , $27,354,73400 $545,536.58 2.00% $9,454,691,00 $135,04346 1,43% S235,046,57400 S7,110,05~I.OO 3.02% $11,336,176.0J ,120,551.52 ~1,O6% $7,34-e.,7~IO.OO S95,8~i 5.02 1.30% 5:3,004,533.00 S.30,041.1 "i 1.00% S'I3238,73300 S-IL.2,950,42 I.D3% i:'''1.837,5''', ::.00 S530,'157.63 " ';2% $505,995,434,00 $10,632,753.'14 2....I00!c $27"'i ,948,850.00 S3)55~',702_ "IL ~ ~.... (Ji 1,,)1/(- Carlsbml $18.8"1 $1;;>.GO - 3;..' lJ'1l $16,3;>.6'1981 $19.20'96~ 17.01 C11111aVIS\8 Corol1mJo Coul1ly Uel Mal Ej-C~oll $17.87. $17.'11. Ellcinllas 11.09-35\,pl 1l.(l'l-95bl~1 Escolldldo $17.2"1. ;>1.19- 35 lJ'll 21.11'1.(1'19'11 !!!leerinl Beach 22.5995 yal laMest! -$17.95 ---i~i811(i;;-;l lemon Grove 1'1.17 Sf. rale /...7'1 silver !Jn~ Naliollal Cily $16.6<\ OCeflllSI(le IJuW<lY San Diego San Marcos NfA $18.7t1 S"mlee $18,32 $20.8'1 Solaml Beach Visla $11l.01 AdjuStlHI ~:r:~l ^ver~ge ~,. lAC - Wasl'! rRle" slIrvey lOU8 FINAL ())IIf!",derltlnl 13.95 1'1,70 16.66 !'I/A -'16.00 15.22 8.9.1-3f>gnl 1 3. 13 - ~15 Y n I 15.30 15.57 16,53 15.90 15.1'1 19.15 UI^ 15.'16 16.3'1 16.65 ~ 17.011 14,07 Solid W;J~le ll<lfeH Slllvny of tile Sail Die90 Hegion .Jllly)'()09 _$13,\15 $17J9-32Y-'l1 $IGS1-G4W11 $19.'19'9G~J 17.67 J $18.30 $ $19.13 _$ 1:J..:J.9.35!Jfll 111A1-9SUnl :]>17.27 n.i31=-35Y<l1 23.32 - 6'1 \ln1 ;;>4.11-95(;81 $ $rI,95 $ 1771sl8'i;(i;;7i 14.17 Sr_ ral" l.i'lsllverlJag $ $16.01 $ $/.3.21 $ .r ~~~~'l~{fti?~~~n:.it~-=~~.~~~ ',;<ffl~ji.;~'.vt~~^F)lF.;tu'tr-k1iiffi#f&;:{i'"..1i~;1~]{0~~~ 1I1h. (11 1l1~jorllv i'lIHviGIJ lovp.! If 11011litldJerflte. IU,1I7 7 ,So,'\, o::200B-09^cljUi'lIBd R<ltGS (Cily F~~~ nernovl>'IJ 2.0% 13,95 $22.813 13,UU-35g'1l 19.1'1 - 95 Y81--.!.2:~1~.~ ----..1..~.7.'1, 22.[11 Slngle-f"nlily refllsec,,118C'til!ll {I. 11~~(lr;. ndlllin cC)~I<; funded hy Ihe gen. fUlld. Y'ud w'1sle & reeyc collection {I.:1<;Stlc,'1dmin l;o~ls IIITlded thrOlllJh Ihl! f'nlerpri<:,,!llnd r{!?<:lomil"'I(ll cI''1ryedfldirecl feefflllll",se ;;ervices. 16.57 17.6"l 8.0% 5.00% $ 1.01 $ 14.112 1G.6ll Hl.3ll 19.13- $2,35fI0I1 {$U5to Rr:r;l'dillg. $1.10 to IIHW 10.0% 10.0% $ $0.02fton to be used for countywide A8 039 proyrarns including CIWMP, Siting Elelllent and Sumrnary Plan ; $ 16.52 16.Ti $0,50 111.4'1 5.0% 1,2'1 R: $0.21 per f8sidence; c: varies based upon frequency o(s8rvlce 21c per single family resi(lellCe/lllOl1lh 15.30 17.21 52 I.IIIW Fee 5.03-35gal 5.19-64lWI 5.36-95g;11 -$0.11 HHW ree 10.0% 4.0% $ 17.32 23.32 17,95 17.71 15.511 g.O% 9.0% 5% for roll- offs R: $0.62; C: $4.12 16.32 16.53 23.21 $3.77 slormwillerfee 1.7.4,3.37 '100% It: $0,17: C: $U,60 Not se aralel slated 15.91} 15.'14 22.111 $11-12/ton 19.'1'1 1,20lesidential 16.<12 $7/torJ :f18.U3 $ 18.8J 2 10 Stol'lnwatcr 5.0% $0.-\6 15/l6 10.8% $3,333/month (paid quarterly $1[\.32 lB.3? iJyWMI) $ 16.34 :F2H3 21.43 $1.82 NPDES '1.5% $ 17.20 R' :to,Oilmonll,; C: $1[1.01 $ Hl.01 5,0% $O.63/monlhon <l 3yd bin $ n.O<1 MeallAverage ~ 19.09 Adjusted Mean Average $ 16.28 12/15/2008 '1:02 PM D-I ( y ( c:::ot' .:... ~,~ ~ '.. :;(~,. -:. - ~ ~~-~~. \,(\..\:,l~c C0""c\\.=u..b \\'\6\-C"< k~C) em Of CHUlA VISfA OFFICE OF COUNCILMAN STEVE CASTANEDA Honorable Jackalyne Pfannenstiel, Presiding member Honorable James Boyd, Associate Member California Energy Commission 1516 Ninth Street Sacramento, CA 95814 DOCKET No. 7-AFC-4 RE: OPPOSITION to the Chula Vista Energy Upgrade Project (07-AFC-4) as proposed Dear Honorable Commissioners Pfannenstiel and Boyd: I have reviewed the materials offered during the CEe process and I wish to convey my opposition to the CVEUP as proposed. I am urging theCEC to deny theAFC for the following reasons: 1. The project is in conflict with the Chula Vista General Plan. Policy E 6.4 requires that the City avoid the location of power plants within 1,000 feet of a sensitive receptor. The proposed plant location is in violation of this explicit policy. 2. The project is in conflict with the city's zoning ordinance. The appropriate zoning for power plants is in areas designated as "general industrial use." The proposed location is in an area designated "limited industrial use," which does notaJlow power plants. 3. There are better alternatives. Numerous other locations exist that are located more than 1,000 feet of a sensitive receptor. The ISO stated in their testimony that replacement energy did hOt need to be at tIlis location and could, in fact, be located anywhere in the service area.. 4. The certification of this project would violate the California Environmental Quality Act due to the failure to conduct adequate analysis or mitigate of many areas required under the law. This new power plant would increase emissions of air pollution and of climate- changing greenhouse gas emissions by 50;000 metric tons per year over current conditions. This is in contradiction to the goals ofAB32 and our goals of reducing carbon emissions. 5. The location of this large peaker plant in one of our most vulnerable low~income. communities.of color is inappropriate. We adopted the state's first Environmental Justice element into our General Plan in order to make sure that we are protecting the health of the most vulnerable and impacted residents.!n our community. I 6. Further, although the community most impacted is largely Spanish-speaking, none of the substantive materials were produced in Spanish:which disenfranchised that community from meaningful participation in the process, I request that the Commission respect our city's local land use planning. and authority . and deny this application as inconsistent with our local ordinances and rules and as inconsistent with the principles of environmental justice. L urge the Commission to urge the applicantto re-submit a more acceptable proposal when appropriate in the future. Sincerely, Councilman Steve Castaneda MEMO ~ \ ft.- ~ ~~~ ~--.:;...-~ CITY OF CHULA VISTA Office of the City Clerk DATE: December II, 2008 TO: City Council members . i FROM: Donna Norris, City ~iZ Pursell, r1i~ctor of Communications SUBJECT: PasspOlt services marketing etfolts At the Dcccmber 9 meeting, City Councilmembers inquired about the marketing efforts that went into promoting passport services offcred to the public by the City Clerk's Oftice. Due to a series of budget reductions, the City Clerk has not bcen in a position to provide funds for targeted advertising. Working with the Office of Communications and City's webmasters, the Clerk's office has pursued no-cost marketing options including: . Creating a brochure for distribution in the community . Writing and distributing news rcleases that have resulted in coverage from a wide variety of publications, (i.e. Union Tribune, Star News, El Latino, Diario San Diego, La Prensa and My HomeTown EastLake/Otay Ranch magazines) . Developing an online broehnre that can be downloaded and printed from the City's website . Increasing visibility by featuring passport serviccs on the City's Internet home pagc . Listing passport services on the City Clerk's home page on the Internet . Publishing a story about the service in the last edition of Spotlight, which reached 80,000 households . Writing multiple stories for editions ofCY Connect, the City's interactive online newsletter . Including a separate listing of the City Clcrk's passport telephone appointment line in CY Connect . Creating an announcement on passport services for the rotating bulletin board that airs in Chambers and on cable channel 24 tor one half hour before City Council meetings . Seeking referrals by approaching local businesses that provide passport photography The City Clerk's Office is currcntly working with Communications on differcnt ways to effectively rcach the public with information about passport services-nat no cost. 276 Fourth Avenue, Chula Vista, CA 91910 www.chulavistaca.gov (619) 691-5041 fax (619) 585-5774 ,_M___nn__ __ J_ . - __ I~\--A_\ \ I&Ll~ _ O~ _ _ __ I Ijt1-h-e6f e ASTLAKE COMMUNITY PETITION We, the llndersigned,object to closing the Eastlake Pllblic Library located at Eastlake High School 111 , \ I L: i i .... '.... .... I.... .... .... .... ?' '-> ?' ~~ f" !'> !" I" , ! , .... i i 'I I :(c::: - I I I k::.. i "'" , ~. j- , ,. , :~--rt' I L: I I I i I I I I I ! i , I .. , I " '. ". i I I I I i , ~! ~' " ~I ", I 011 L! , I I I , i I , .J'I INFORMATION MEMO CITY OF. CllULA VISTA ~.";..'... ~,v,t Redevelopment <':;::;; & Housing DATE: December 16, 2008 TO: Honorable Mayor and City Council RE: Scott Tulloch, Interim City Manager ~ 7 .Ill Eric e. Crockett, Assistant Director of Redevelopment & Housingfl P Chula Vista Redevelopment Corporation (CVRC) and Redevelopment Advisory Committee (RAC) Dissolution Process VIA: FROM: In response to a request by the City Council on December 9, 2008, staff submits the following information regarding the dissolution process for the CVRC and RAe. To dissolve the CVRC it is staff understanding the following actions must be taken: 1. The CVRC must elect to dissolve the Corporation by a vote or written consent of a majority of all the corporation members. If the existing CVRC Board chose not to vote to dissolve the Corporation, the Council would need to remove the existing members and they could then take a vote as the CVRC Board of Directors. 2. The CVRC must file documents with the Secretary of State, including a Certificate of Dissolution and possibly a Certificate of Election to Wind Up and Dissolve along with a letter from the Attorney General regarding the corporation's assets. 3. The CVRC must file documents with the Internal Revenue Service and submit a final electronic tax return, Form 990N. 4. The City Council may adopt a resolution accepting the CVRe's election to dissolve the corporation. 5. The City Council should adopt a City Ordinance removing Chapter 2.55 of the Municipal Code and amending certain chapters of the Municipal Code removing references to the CVRC and its functions and operations. 6. The RAC can be dissolved either through adoption of a CVRC resolution or will cease to exist upon dissolution of the CVRe. It should be noted that staff did not have adequate time to provide this information to the attorney's office for their concurrence on the actions stated above. Staff would recommend the attorney's office be given adequate time to research this matter should the Council decide to pursue dissolving the CVRC and RAC From: Donald Bergeson Sent: Tuesday, December 16, 2008 7:07 AM To: Cheryl Cox; Rudy Ramirez; Pamela Bensoussan; John McCann; Steve Castaneda Subject: Potential Storm Water Management Program (NPDES) Reduction Importance: High Dear Madam Mayor and Council: I am writing to you as both a proud employee and citizen of the City of Chula Vista. In light of the budget situation that the City is facing, I felt it was necessary to add a little information on the importance of the City's Storm Water Management Program (NPDES). Currently, there are three Storm Water Management Section staff that have a strong potential of being within the "first two rounds" of layoffs on the Public Works Decrement List. One of the positions is that of a vacant Storm Water Compliance Inspector followed by our Engineering Technician and one of our Environmental Health Specialists. 12/17/2008 -~'l!i~; - "', -,~._~'~~.~~ Page 2 of 4 The loss of our Engineering Technician and Environmental Health Specialist will significantly hamper the City's ability to maintain the current standards of compliance with the State's Municipal, Industrial and Construction Permits and the City's Storm Water Management and Discharge Control Ordinance, Chapter 14.20. The NPDES program is a requirement of the Federal Clean Water Act, which mandates that the City control and minimize the discharge of pollutants from its storm drain system into our creeks, lakes, bays and the ocean. Polluted runoff is the #1 source of contamination flowing into the waters of the U.S. Public Opinion Polls consistently demonstrate the HIGH PRIORITY that Southern Californians have on the efforts to restore water quality in our local waters. Here is a brief overview of what the Storm Water Management Program (NPDES) has completed over the last years: Storm Water and Public Works Inspection staff has conducted over 4000 Commercial, Industrial, Construction and Municipal facility inspections. Storm Water staff has issued over 200 Administrative Citations for discharging pollutants into the City's storm drain system, resulting in over $90,000 in fines and penalties. City staff, crews, volunteers and including Friends of Otay Valley Regional Park removed over 4135 tons of trash, debris, mud, and silt from the City's storm drain system thus preventing it from reaching the creeks, bay and ocean. Storm Water staff has responded to over 400 Enforcement Complaints by businesses and residents. Under the current Municipal Permit issued by the State's Regional Water Quality Control Board we are required to complete the following prior to the end of this fiscal year: Conduct inspections of over 275 commercial and industrial businesses as well as 65 of the City owned facilities (i.e. Parks, Rec Centers, Civic Center, and Public Works) Conduct inspections of all active and inactive construction sites. Conduct inspections of installed storm water treatment facilities (these are systems that are installed throughout the City to capture trash, debris and pollutants before it enters the City's storm drain system). Currently there are over 604 storm drain filter inserts, inline treatment systems, landscaped swales that are installed on both private and public right of ways. Provide public education on storm water regulations. Participate in required regional monitoring, watershed, and public education activities and meetings. Conduct data management and analysis; maintain inventories and inspection records for preparation of required reports. Provide program effectiveness assessment of the different components of the City's storm water program. Prepare required annual reports for submittal to the State Water Resources Control Board and the San Diego Regional Water Quality Control Board. The City's Storm Water program captures revenue from various sources such as: 12/17/2008 Page 3 of 4 Penalties and Fines, Storm Drain Fees, Building Permit Fees (Covers Staff time for construction inspections), CIP Funds and a portion of the General Fund. This is just the "Tip of the Iceberg" on the accomplishments and the requirements that the City needs to maintain to ensure that we are in compliance with Federal, State and Local Regulations. Removing the Environmental Health Specialist and the Engineering Technician can result in non-compliance with several sections of the Municipal Permit and the State General Industrial Permit. Each violation could potentially result in minimum of up to $27,500 per day per violation for violation of the Clean Water Act and $10,000 per day per violation for violation of the California Water Code. In addition, the City's could be subject to "third party" lawsuits from organizations such as: San Diego Coastkeeper, Environmental Health Coalition, National Resource Defense Council and other environmental groups. In 2007 and 2008 the State Regional Water Quality Control Board has imposed over $3,700,000 in fines to multiple agencies, municipalities and businesses throughout San Diego, Southern Orange and Riverside Counties for failure to comply with their State issued Permits- The City of Chula Vista promotes itself as an Environmental Steward and has an award winning environmental program. The City just won the Industrial Environmental Associations Environmental Responsibility and Sustainability Award in October 2008 and removing the Engineering Technician and Environmental Health Specialist from the storm water department would ruin this image. On a personal note, to help maintain this program and staff I will like to waive my final 8 percent wage increase that I would receive over the next two years. In addition, I did fill the vacant Storm Water Compliance Inspector and would gladly again fill that position instead of my current Environmental Health Specialist position. This, I believe would save approximately $42,000 over the next two years. I understand that tough decisions have to be made, but I hope that you will strongly take .into consideration on not reducing the current staffing of the NPDES Program. If you have any questions that I may answer please feel free to contact me. Respectfully, Don Bergeson Environmental Health Specialist City of Chula Vista Department of Public Works, Storm Water Management (619) 397-6109 (office) (619) 250-9461(mobile) /111Q://www.chulavistaca.aovlclean 12/17/2008 INFORMATION ITEM December 15, 2008 TO: The Honorable Mayor and City Council VIA: Scott Tulloch, Interim City Manager 7 f FROM: Jack Griffin, Director of Public Works (fMJ J.Z-:Yb SUBJECT: Park Reservation Program This Information Item IS in reference to Council's mqumes regarding the Park Reservation Program. The Park Reservation Program provides a safe and orderly park environment for users. The reservation program includes a rental fee and a cleaning deposit fee. The program guarantees a certain picnic area for users who make reservations and it requires them to cleanup after their event in order to get their cleaning deposit returned. Provided in the following table are the existing fees and deposit requirements: Existing Deposit Picnic Reservation Fees Fees Required Small (50 people or less) $30 $25 Medium (between 51-99 people) $90 $75 Large (100 people or more) $120 $100 Commercial vendor permit $30 N/A There is a 100% surcharge for non-resident park users. The fees from rentals and commercial vendors generated $216,142 and $187,756 in FY2006/07 and FY2007/08, respectively. A total of $230,000 in revenue is budgeted for the current fiscal year. Provided below are the costs associated with the Park Reservation Program: $490,007 - Park Reservation Program Cost ($230,000) - Revenue offset $260,007 - Net Cost It is important to note that the Park Reservation Program Cost does not include annual maintenance and replacement cost for the picnic shelters. Please contact me at x6055 if you have further questions. rdb INFORMATION MEMO CITY OF CHULA VISTA6 Redevelopment ~ & Housing DATE: December 15, 2008 TO: Honorable Mayor and City Council FROM: Scott Tulloch, Interim City Manager "? / Eric C. Crockett, Assistant Director of Redevelopment & HOUSingfl #- Redevelopment Repayment to the General Fund VIA: RE: On December 9, 2008, the City Council requested information regarding the Agency's ability to make loan repayments to the General Fund. This information memo provides a brief overview of previous changes made by the Agency as well as a discussion about future opportunities to make loan repayments to the General Fund. Structure and Budget The Redevelopment Agency, over the past three years, has focused on making structural changes to the organization to: separate Agency obligations from the City, including debt owed to the City; reduce operating costs to free up funding for projects that increase revenue; and increase transparency of Redevelopment Agency expenditures. The changes were first implemented in Fiscal Year 2006/07 and refinements continue to be made. Although the Agency has restructured the budget and reduced staff cost by almost 75% since fiscal year 2005/06, there is still limited capacity to provide additional payments to the City's General Fund. The Agency's ability to repay the General Fund in the near term will depend on whether the State makes additional Tax Increment (Tl) shifts and the funding priorities of the Redevelopment Agency Board of Directors. Described below are some of the changes already made, and some options to reduce the outstanding loan to the Agency. Fiscal Year 2006/07 Fiscal Year 2006/07 was the first time in fifteen years the Agency covered all of its debt obligations and stopped borrowing from the General Fund. Previously, the Agency was used as a financing mechanism for City capital projects, requiring the Agency to borrow from the City to make its debt service payment. In FY 2006/07, the Agency moved that debt service payment into its budget and scaled back funding for Agency staff, City staff and suppl ies and services. Page 2 of 3 December 15, 2008 Fiscal Year 2007/08 The following Fiscal Year (2008) the Agency refunded (refinanced) the 2000 Tax Allocation Bond (TAB). The proceeds from the 2008 TAB of approximately $4.3 million were used to repay $3.5 million of General Fund loans to the Agency and provided $800,000 for street improvements along the Third Avenue corridor. This allowed for a significant one-time repayment of General Fund loans, but in effect the refunding will extend the time of the bond and increase the Agency's annual debt service budget in future years. Fiscal Year 2008/09 The current Fiscal Year presents some significant financial challenges to the Agency which limits the Agency's ability to provide any additional monies to the General Fund. The State shift of TI revenues of approximately $855,000 has absorbed any remaining discretionary revenues in the current year budget. However, within the existing budget the Agency anticipates there will be a savings ($400,000) in funds budgeted for City staff services. The unspent funds on City staff services would then be applied as a loan repayment to the City. In addition, the Agency proposes to repay the General Fund approximately $3.4 million from the remaining funds of the 2000 TAB. These funds are tax-exempt and must be used for Capital Improvement Projects (CIP's). Currently $2.0 million of the funds are dedicated to existing City projects (i.e. Auto Park Sign, Palomar Gateway and Otay Recreation Center). Although this is not an increase in discretionary revenue to the City, these two actions would reduce the Agency loan by an additional $3.8 million. Fiscal Year 2009/10 For Fiscal year 2009/10, the Agency will have additional discretionary revenues realized from the elimination of five (5) FTE's and an expected increase in assessed valuation. Staff would caution the Redevelopment Agency against a fixed repayment amount to the General Fund. Instead staff would recommend considering annually, during the budget process, the best use of available TI. For example, the Agency may consider prioritizing TI revenues to go toward activities that have the opportunity to create jobs and additional sales tax revenue for the City. These activities could include, funding the Southwest Specific Plan, acquisition of key parcels for future development or investment in other redevelopment projects and programs. However, if additional shifts in TI revenues are made by the State, the Agency will be limited in its discretionary funding. Fiscal Year 2013/14 In Fiscal Year 2013/14, the Agency's financial picture improves because the Agency will have completed its obligation to make relocation payments to Goodrich and will have paid off the 2003 Certificate of Participation. These two payments represent almost $1.2 million of this year's budget. Page 3 of 3 December 15, 2008 In addition to the above, the Agency proposes to sell Agency-owned assets to the City. The City will then reduce the amount of outstanding debt commensurate with the value of these assets. The assets include the 15-acre site located in the lower Sweetwater Valley (KOA site) and various parcels and parking lots located along the Third Avenue corridor. The transfer of these assets, while not necessarily providing revenue to the City, would provide a substantial reduction to the outstanding balance of the loan. The Agency's ability to repay the General Fund will increase dramatically in a few years as long as the Agency controls overhead and focuses on projects that generate a return to the Agency and the City (jobs, tax increment and sales tax revenue). ~\~ -.- ~~ CINOF CHUlA VISTA Information Item Engineering Depntment December 16, 2008 File: TF355 & TF359 TO: Honorable Mayor and City Council ~I'j Scott Tulloch, Interim City Manager VIA: FROM: R. A. Hopkins, Director of Engineering SUBJECT: Interstate 805 Projects Caltrans has a number of projects in varying stages of planning and construction along the 1-805 conidor within the jurisdiction of the City of Chula Vista. The purpose of this infollllational item is to discuss these projects and to notify Council that starting on January 5,2009, there will be a partial ramp closure at the I-80S and Telegraph Canyon Road northbound on-ramp for ramp widening. The other locations for ramp widening occur at the interchanges of I-80S and Bonita Road and at East H Street as described more specifically below. As part of Caltrans' continuing effort statewide to optimize ti-eeway capacity and maintain traffic 1l0ws, there is one project underway now at the following three locations that Caltrans has for I-80S and they are: High Occupancy Vehicles (HOV) lanes for Northbound I-80S: I. The east and westbound Bonita Road to northbound on-ramp lane at I-80S. 2. The westbound to northbound on-ramp lane at I-80S and Telegraph Canyon Road. 3. The eastbound to northbound loop on-ramp lane at 1-805 and East H Street. Additionally, Caltrans has begun preliminary engineering work on capacity-increasing improvements on southbound 1-805, south of State Route 54 (SR-54) as described more fully below. All of these projects would address recurrent freeway congestion during the moming commute hours. Currently, there are no operational ralllp meters installed at any of the ramps on I-80S, south of SR-54 (see Attachment I for project locations). 1. High Occupancy Vehicles (I-iOV) Lanes for Northbound I-80S ]n accordance with Caltrans District 11 policy, when ramp meters are installed, HOV preferential lanes would also be constructed where feasible. Ramp metering andHOV lanes are part of a comprehensive District 11 strategy addressing recurrent freeway congestion. Ramp metering addresses recurrent freeway congestion by ensuring that the main lanes continue to Bow efficiently, Metering entering traffic limits the demand and disperses vehicle platoons. HOV preference lanes encourage carpooling which directly reduces the demand. Combined, these Honorable Mayor & City Council -2- December 16, 2008 strategies provide for more free-flowing traffic which, in turn, reduces delay and congestion- related accidents. According to Caltrans, recent studies on ramp metering show reductions in accidents on the fi'eeway ranging from 15% to 50'%, with most reductions clustered at the lower percentages. These reductions are due to fewer sideswipes in merge areas and fewer rear-end collisions as vehicles slow to allow others to merge or because they themselves canJlot merge. According to Caltrans, ramp metering reduces congestion by: . Maintaining more consistent freeway throughput. · Utilizing the capacity of the freeway cOlTidor more efficiently. . Reducing the incidence of accidents. . Providing incentives for increased use of carpools, vanpools and public transit by including preferential lanes. However, metering of ramps tend to be problematic to the local municipalities, as it can result in significant queues on the entering arterial roadways during peak hours. To that end, the City has recently widened the westbound approaches to I-80S at East H Street, Telegraph Canyon Road, Olympic Parkway and at Auto Park Drive in order to provide additional capacity and help separate regional (freeway) bound traffic from local traffic. Ramp metering allows vehicles to safely merge with freeway traffic and at the same time helps to reduce traffic congestion. Vehicles with two or more persons will be able to use a special carpool lane on the northbound on-ramp, which allows them to bypass the ramp meter signals when they are activated. Currently installed ramp meters in other paI1S of the county improve safety, save energy, reduce congestion, minimize environmental impacts, and enhance mobility. The ramp metering strategy addresses freeway congestion by controlling traffic demand so freeway capacity is not exceeded. Ramp meters are an inexpensive tool to improve traffic flow on freeways. Ramp meters allow traffic to enter the freeway at a rate dependent on the conditions of the freeway traffic. While a typical driver might be delayed at the meter, overall travel and freeway speeds are improved. Temporary Lane Closure for Work at 1-805 and Telegraph Canyon Road The work entails closing one lane on westbound Telegraph Canyon Road at the I-80S ramp for curb and gutter work as well as utility relocation. During different stages of the work, lane closures may also include closing one of the east-to-northbound left-turn pockets. Work is scheduled to begin at the Telegraph Canyon Road northbound on-ramp to [-805 on Monday, January 5, 2009. The City tried to have the work start during the holiday break, but the contractor cannot obtain materials for the job during the holiday week. Construction documents indicate work to be completed by July 20 I 0, but our contacts at Caltrans say they could finish by Spring 2009. Additionally, it is difficult to confirm an exact date in which the meters will be tumed on. Hovvever, we expect that once the work is completed, Caltrans will energize all six northbound on-ramp metering locations within Chula Vista, The total cost to construct is estimated at $ 1.929 million. Temporary lane closure for work at I-80S and East H Street The work entails closing the curb lane on the eastbound East H Street approach to the northbound I-80S ramps for curb and gutter work as well as utility relocation. The schedule to Honorable Mayor & City Council -3- December 16, 2008 being work at this location is still pending due to utility work in the area. Caltrans will submit plans to the City as soon as possible for review/comments. ll. Future Proiect Work on I-80S Southbound from SR-54 to East H Street Due to existing PM peak period congestion, Caltrans has begun preliminary engineering work in the vicinity of the interchange of I-80S and SR-54. Their intention is to construct two auxiliary lanes for the eastbound SR-54 movement to southbound 1-805. This project is a pm1 of a TransNet Early Action Program (EAP). Currently there are four main lanes in the southbound direction south of SR-54 and five mainlines southbound just north of East H Street. This project will provide a northerly extension of this fifth lane from north of East H Street to a point north of SR-54. This will help reduce the congestion in the PM peak period on T-805 southbound as well as eastbound SR-54. There will also be some improvements made to the southbound auxiliary lane area located by the east-to-south SR-54 to I-80S connector ramp and the Bonita Road southbound off-ramp area. Design is to be completed by April 2009 and construction is estimated to be completed in 2010. Estimated costs arc $19.7 million. Proiect Fundin~ SANDAG Directors approved an amendment to the TransNet EAP, so SANDAG can advance projects that have received $45] million in funding from the Cali fornia Congestion Mobility Improvement Account (CMIA). The projects include $350 million for the 1-15 Managed Lanes; $82 million for high occupancy vehicle (HOY) lanes on I-80S from Carroll Canyon Road to the 1-5/T-805 Merge; and $19 million for two auxiliary lanes on southbound 1-805 from SR 54 to E Street in Chula Yista. The CMTA funds can only be used for construction projects. Future Actions As additional information 1S made avai]able on the ]-805 projects, staff will update the City Council. Funding There is no impact to the General Fund. All planl11ng, engineering, design and construction costs will be borne by Caltrans. M:IEngll1cer\AGENDAllnformation ItcmslTraffic (Gcneral)II-805 CouncIl Info Item 12-12-08 dek FINAL-doc Z I.I..I ~ U -< f--, f- -< ,--- I i INDEX 'JF ShEETS ~I------~-----~--~--i--~~-~ STATE OF CALIFORNIA ... ~C-JT( __.1 111 SD_J cOS I ..L{ ...- i~ i'N;- I -(lSjc;~~1 \...J,_....1-'...1~ T t.'~ J J~Jl;, ~,~ ~~~~>c, ~C2:~ ... J _.."'~ U:i:::L-;:-J,____f'l LOCATiON MAP '.' L:.'":)____~.:~"'. \ ~?~~ I I I I ~ I I I Beqin Work I Si'o 9NO -7 I , I'~~ [' w ~ ~,~ '-.. - , , , ~() ~""~:;b-...';;':,:,-: __... \ --o:~'J / I 'Oo --~---~- ,,~,!! / I - --~'~~;;~~~~~S=-- ~I ~- ,- ~.il c~~'';-f/~ , Iii I .,,ec'" ;r-~~ i;i~i litl'~I' 1~", CmHO~1'0t' sr..;: I p05SE::~ Tr.B C!.::~" fo~ ~Icr.s~s I oj i ieer..... I 11-; I "~'_~',,;ifia' in "N:.~i=.. t,_, (:o"-i-,-,,:;;t,,...... L---. ~="=:='-'~_~__ I I I T-~-.------~~- ~----.--I---~-~-~ --~------~-~~-~--l i I ';- ~L~'.t~':l I ''',,~;' 1._~1:L(~, 9.8/12.9 I ! i -----.--.1 DEPARTMENT OF TRANSPORTATION PROJECT PLANS FOR CONSTRUCTION ON Eb IilHmns STATE H1GHW A Y ON IN SAN DIEGO COUNTY IN AND NEAR CHULA VISTA AND BONITA ROUTE 805 FROM TELEGRAPH CANYON ROAD TO 1.0 km NORTH OF BONITA ROAD ic tle s.Jppl..me"f~:j b,. Slc.~a",.o "I"n$ d,,-:-ea July. 200~ '~'" ;;.~:-:.~~~,..~":,~:. ~::;~.,: ~"'~;:; ::;:;...... "'J"-tr'~, ,,, "" ........,~' END CONSTRUCTION {ROUTE 805) STA--138+00 KP 12.9 i PM 8.0 , i I ' 'l I I , 'D7""VC4~"'...'<<e)s!'c,,,,,-,,::'r.,,,/I."....~r-,.!;:>; BEGIN CONSTRUCT/ON .{RO.y'~_~_<?_5~ 'STA 106+50 KP 9.8 . PM 6.1 ,I _;~~;i~F cHl)LA 1'1'1' O-'fIlTA ROAO C /(1' ~--:;:;o.:;-1-- :'OS- " _ I" Er~3--:;-P70- /1 7~...... ;; '-. ,P-~It j/, ./' f~~~/ ~ //1 ,,/ . / '\"5'/!;~ ~~,~?Ur, '0' 2d?'Y I , ~;;;#/~~}r~~~=~=-~i"~~~~~P ~<; SO~--#-<;,,;:,...-F--------"'''''''V: <)/0" E'ld ,Ior-k ~ I O'J'- >.--$ -' C: """1' W ---rroo-n_- I ; ,_~;::kie~;;/'\; :~tr ;';;'0 'f~l:~ Sio1'1' /~, I~! ;;;'~~'(4i,;O~),~ll~1~i '. '<-'<'v, ,< '" ~~\, -=-----7-, . I ______ \~31 ~!I - , ~ =~ ~?I ~ I ::: I !contr-oc:;t"!~.111-276~~.! h~';:,; .., ;.-'~~~:~__~__..___.. i cu Oj~~_z~_____.. i::~ 21tiZ:l1.______...J HCTREE,oC ~2' lEL~,PAP" (.'-"OU R{I~[ u: /Br M ::7 r,j5 RfL -"-_,,.,.f;i );/ ., '.J SIPCO::>S ~:O:"S7-6-,6 NO :;CALE ~;c~~~"~~ ~~~~~S'i~~~m.c City of Chula Vista Debt Overview Fiscal Year 2008-09 and Outlook --_.__.~-,-~..~-_.._-_."..__. .--.....4--.-....---.--..._____.._....' _____.'._... .__ Debt By Funding Source (Not Including RDA or Section 108 Loan) 1994 Pens ion Obligation Bonds $16,786,532 8.45% 100% 2000 COP- Corporation Yard $23,730,000 5.14% 41% 59% 2002 COP - Police Facility $60,145,000 4.93% 56% 44% 2004 COP - Civic Center Phase I $26,692,417 4.65% 18% 82% 2004 COP-Infrastructure Improvements $10,547,583 4.65% 100' 2006 COP - Civic Center Phase II $18,155,000 4.32% 11% 89% 2006 COP- Nature Center $2,170,000 4.32% 100% Total $ 158,226,532 GF - General Fund PFDIF - Public Facilities Development Impact Fund RCT - Residential Construction Tax The debt obligations split between the PFDIF and GF are proportionate to the impacts related to new development and existing development Current o/s principal $133.4 m - --. ~_._~._--~,_.~,--_._~,._-----_. .-.--.------..-.. ._-- Scheduled Debt Service Payments By Fund General Fund Obligation ($11.9 m or 8% of General Fund Operating Budget) 1994 Pension Obligation Bonds 2000 COP- Corporation Yard 2002 COP - Police Facility 2004 COP - Civic Center Phase I 2004 COP- Western CV Infrast. Improv.* 2006 COP - Civic Center Phase II 2006 COP- Nature Center Total $ $ 1 ,099,456 $ 1,722,224 $ 1,406,715 $ $ 984,647 $ $ 5,213,042 $ $ $ $ $ 677,887 $ $ $ 677,887 $ 2,460,413 $ 1,863,484 $ 3,912,578 $ 1,715,506 $ 677,887 $ 1,106,345 $ 166,154 $ 11,902,367 *Funded Corrugated metal pipe rehabilitation and replacement, drainage improvements, Harborside Park and Otay Park. .. . __.__ ____.....___u ,,____..,._~_.__ .___-.--____..'..._"._.__ _.._.. Public Facilities Financed (GF & PFDIF) Corporation Yd 2000 COP 5.14% 23,730,000 16,710,000 20 yrs 764,028 1,099,456 1,863,41 Police Facility 2002 COP 4.93% 60,145,000 55,420,000 30 yrs 2,190,354 1,722,224 3,912,5; Civic Center I 2004 COP 4.65% 26,692,417 24,992,417 30 yrs 308,791 1,406,715 1,715,5{ Civi c Center II 2006 COP 4.32% 18,155,000 17,265,000 30 yrs 121,698 984,647 1,106,3' Total $128,722,417 $114,387,417 $3,384,871 $5,213,042 $8,597,9' .-..._-----_.._..__._--_.~- Residential Permit Activity 4,000 3,500 3,000 2,500 2,000 1,500 1,000 500 1994 1998 2006 2008 2000 2002 2004 1996 ----"- --.-. ,_,._--,-'---"~--~'--""--'--- Refu ndi nq/Restructu ring Objectives . City Fiscal Policy - The City utilizes inter-fund loans whenever possible to reduce borrowing costs. . Request Inter-fund loan from TDIF to PFDIF to fund debt service payments for FY 08-09 ($5.2 million). . Pursue refunding/restructuring of outstanding debt for PFDIF fund. . 2000 COPs eligible for current refunding on 9/1/2009 @102% . 2002 COPs eligible for advance refunding. . No principal payment for next 3 years. . Debt Service escalation to match future PFDIF revenue stream. · 5-year call option to allow for future restructuring in different economic climate. . Preparing RFP for Financial Advisor and Underwriter. '~'_"'___"""___","_'___ __......-T-._._".__.__~_._._______.m___ ,....__ Redevelopment Agency Debt 2003 Refunding COPS $11,320,000 2.67% 10 years $5,085,000 $1,071,52E 2006 Senior TABs, Series A $13,435,000 4.57% 20 years $13,040,000 $1,016,34E 2006 Subordinate TABs, Series B $12,325,000 5.34% 20 years $12,035,000 $996,16E 2008 Refunding TABs $21,625,000 4.75% 28 years $21,625,000 $586,212 2005 ERAF Loan $765,000 4.88% 10 years $575,000 $98,70'1 2006 ERAF Loan $930,000 5.87% 10 years $790,000 $124,972 Total $ 60,400,000 $53,150,000 $3,893,923 The 2008 Refunding TABs principal payments of approximately $1.1 million begin on 09/01/2014. --.....-.--.---..---.--.. "'^~-'----' ---.....,.-.-----.....--- ~--_.._..._._-- -_....._--_...-. .- Redevelopment Agency 5 Year Forecast Tax Increment Revenue $ 13,663,810 $ 13,937,086 $ 14,215,828 $ 14,500,144 $ 14,790,14 Expenditures Statutory & Negotiated Obligations Low and Moderate 2,732,762 2,787,417 2,843,166 2,900,029 2,958,02 AB 1290 Passthrough 2,028,863 2,069,441 2,110,829 2,153,046 2,196,1C Southwest Passthrough 1,376,298 1,403,824 1,431,900 1,460,538 1,489,74 Goodrich Relocation 104,960 84,061 62,745 41,002 18,82 Debt Service 4,251,487 4,250 659 4 243 243 4248612 3,416,OS TotalObli ations and Debt Service 10494,371 10,595,401 10,691,884 10803227 1 0,078,8~ Available Resources $ 3,169,439 $ 3,341,685 $ 3,523,944 $ 3,696,917 $ 4,711,34 Personnel Costs 628,728 641,303 654,129 667,211 680,5E City Staff Ti me/Debt Repayment 1,122,919 1,245,511 1,245,511 1,245,511 1,245,51 S&S and Other Costs 636,953 636 953 636 953 636 953 636,95 Total Personnel & Other Costs 2,388,600 2,523,767 2,536,593 2,549,675 2,563,01 Surplus/(Deficit) 780,839 817,918 987,352 1,147,242 2,148,32 .~. -_._-----_._..,_.,.,~."....-_.__..._--".. --"-.-.... . . . . . . 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