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RESOLUTION NO. 2015-268 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MAINTENANCE AGREEMENT FOR INTERIM DRAINAGE IMPROVEMENTS AND NPDES FACILITIES WITH SLF IV/MCMILLIN MILLENIA JV, LLC, FOR OTAY RANCH MILLENIA PHASE 2 (EASTERN URBAN CENTER) AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
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RECOMMENDED ACTION
Recommended Action
Council adopt the resolution.
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SUMMARY
A condition of the Tentative Subdivision Map for the Eastern Urban Center (Millenia) requires the Developer to enter into an agreement with the City to provide for the maintenance of all proposed drainage and water quality treatment facilities attributable to the project and bond for such maintenance. An Interim Desiltation and Maintenance Agreement with SLF IV/McMillin Millenia JV, LLC for the Mass-Grading of Millenia was originally approved by City Council on September 13, 2011 in accordance with City Council Resolution 2011-167 and was recorded on November 2, 2011, as Official Record Number 2011-0582265. On December 11, 2012, in accordance with City Council Resolution 2012-241, City Council approved an Amended and Restated Interim Desiltation and Maintenance Agreement with SLF IV/McMillin Millenia JV, LLC which was recorded January 25, 2013 as Official Record Number 2013-0053282. This Maintenance Agreement for Interim Drainage Improvements and NPDES Facilities for the Otay Ranch Millenia Phase 2 (the “Maintenance Agreement”), which supersedes the previous two agreements, is necessary to identify those new developer maintained features and responsibilities required of the Developer associated with the second phase of grading of Millenia.
ENVIRONMENTAL REVIEW
The Development Services Director has reviewed the proposed agreement for compliance with the California Environmental Quality Act and has determined that the agreement and work associated therewith is adequately covered in previous certified Final Second Tier Environmental Impact Report (EIR 07-01) for the Otay Ranch Eastern Urban Center (EUC) Sectional Planning Area (SPA) Plan and Tentative Map. Thus, pursuant to the California Environmental Quality Act (CEQA), no additional environmental review is required.
BOARD/COMMISSION RECOMMENDATION
Not Applicable.
DISCUSSION
The Millenia Project consists of approximately 207 acres of land located south of Birch Road and the Otay Ranch Town Center, just east of State Route 125 (see Attachment 1).
A development condition for Millenia (CV Tract No. PCS-09-03) requires the Developer to enter into an agreement with the City to provide for the maintenance of all proposed drainage and water quality treatment facilities. The mass-grading permit was issued in January of 2011 and, as discussed above, the Developer entered into various agreements to maintain those facilities shown on grading plan (Drawing # 10-044). Also as discussed above, the original maintenance agreement was recorded in the San Diego County Recorder’s Office on November 2, 2011, as Official Record Number 2011-0582265 (Attachment 2).
At the beginning of year 2012, the Developer started the design process for a construction change to the Grading Plans to reflect more detail for the area associated with the first phase of work. The first phase of work for the site consisted of rough-grading Lots 2, 3, 4, P1, 11, 12, 20, 21, 27, P4, and a portion of Lot 1.
On December 11, 2012 the developer executed their first amendment to the November 2, 2011 agreement. The amendment was necessary to identify new and redesigned developer maintained features associated with the grading of the first phase of the project. The updated agreement called for the developer to maintain the redesigned temporary drainage and water quality treatment facilities to accommodate the proposed first phase of rough grading and to post certain securities to ensure performance. As discussed above, that agreement was adopted by City Council on December 11, 2012 and recorded in the San Diego County Recorder’s Office on January 25, 2013, as Official Record Number 2013-0053282 (Attachment 3).
This Maintenance Agreement (Attachment 4) is required to supersede the previous two agreements. This Maintenance Agreement calls for the Developer to maintain the redesigned temporary drainage and water quality treatment facilities to accommodate the proposed second phase of rough grading and to post certain securities to ensure performance. This Maintenance Agreement includes the unfinished maintenance tasks of Phase I and all the remaining maintenance requirements for Phase II inclusive as shown on Attachment 5.
DECISION-MAKER CONFLICT
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 the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(11), for purposes of the Political Reform Act (Cal. Gov’t Code §87100,et seq.).
Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The adoption of this Resolution approving the Maintenance Agreement will address the following goals:
• Operational Excellence: Collaborate with residents and businesses to provide responsive and responsible public service by implementing effective and efficient operations.
• Healthy Community: Protect resources and environmental health for both current residents and future generations. Foster the health of our physical environment through balanced, connected and sustainable land uses.
CURRENT YEAR FISCAL IMPACT
There is no impact to the General Fund. The Developer will cover all costs and fees associated with the Maintenance Agreement.
ONGOING FISCAL IMPACT
There is no impact to the General Fund. All costs associated with the construction and maintenance of the interim drainage and desilting facilities within the project will be borne by the Developer.
ATTACHMENTS
Attachment 1: Location Plat.
Attachment 2: Interim Desiltation and Maintenance Agreement for the Mass Grading of the Eastern Urban Center (Millenia), recorded in the San Diego County Recorder’s Office as Official Record Number 2011-0582265.
Attachment 3: First Amendment to the Interim Desiltation and Maintenance Agreement for the Mass Grading of the Eastern Urban Center (Millenia) entitled “Amended and Restated Interim Desiltation and Maintenance Agreement with SLF IV/Mcmillin JV, LLC for the Eastern Urban Center (Millenia)”, recorded in the San Diego County Recorder’s Office as Official Record Number 2013-0053282.
Attachment 4: Maintenance Agreement for Interim Drainage Improvements and NPDES Facilities for the Otay Ranch Millenia Phase 2.
Attachment 5: Figure showing drainage facilities within the second phase of grading of Millenia.
Staff Contact: Dave Kaplan, Transportation Engineer, Development Services Department