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HomeMy WebLinkAbout2014-11-04 Agenda Packet \� CITY OF CHULA VISTA Cheryl Cox, Mayor Patricia Aguilar, Councilmember Gary Halbert, City Manager Pamela Bensoussan, Councilmember Glen R. Googins, City Attorney Rudy Ramirez, Councilmember Donna R. Norris, City Clerk Mary Salas, Councilmember Tuesday, November 4, 2014 2:00 PM Council Chambers 276 4th Avenue, Building A Chula Vista, CA 91910 REGULAR MEETING OF THE CITY COUNCIL REVISED 10/31/2014 CALL TO ORDER ROLL CALL: Councilmembers Aguilar, Bensoussan, Ramirez, Salas and Mayor Cox PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY A. 14-0616 OATH OF OFFICE Yoana Bandala, International Friendship Commission B. 14-0627 PRESENTATION BY DEVELOPMENT SERVICES DIRECTOR KELLY BROUGHTON OF EMPLOYEE OF THE MONTH BEVERLY BRAUNING, OFFICE SPECIALIST City of Chula Vista Page 1 Printed on 1013112014 2014-11-04 Agenda Packet Page 1 City Council Agenda November 4,2014 CONSENT CALENDAR (Items 1 - 8) 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 out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed immediately following the Consent Calendar. 1. 14-0620 APPROVAL OF MINUTES of October 28, 2014. Staff Recommendation: Council approve the minutes. 2. 14-0615 WRITTEN COMMUNICATIONS Letter of resignation from Charlaine Carter, Commission on Aging Staff Recommendation: Council accept the resignation. 3. 14-0622 ORDINANCE OF THE CITY OF CHULA VISTA ADOPTING MITIGATED NEGATIVE DECLARATION IS-13-006 AND AMENDING THE ZONING MAP ESTABLISHED BY CHULA VISTA MUNICIPAL CODE SECTION 19.18.010 TO REZONE A 4.68 ACRE PARCEL LOCATED AT 3875 MAIN STREET FROM LIMITED INDUSTRIAL (ILP) ZONE TO APARTMENT RESIDENTIAL (R3) ZONE (SECOND READING AND ADOPTION) Department: Development Services Department Staff Recommendation: Council adopt the Ordinance. 4. 14-0571 ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE FEE DEFERRAL PROGRAM TO REQUIRE PAYMENT OF FEES PRIOR TO BUILDING PERMIT FINAL INSPECTION INSTEAD OF BUILDING PERMIT ISSUANCE (FIRST READING) Department: Development Services Department Staff Recommendation: Council place the ordinance on first reading. City of Chula Vista Page 2 Printed on 1013112014 2014-11-04 Agenda Packet Page 2 City Council Agenda November 4,2014 5. 14-0587 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE COMPETITIVE FORMAL BID PROCEDURE AND APPROVING AN AGREEMENT ("TASER QUOTATION") BETWEEN THE CITY AND TASER INTERNATIONAL FOR THE PURCHASE OF BODY-WORN CAMERAS, EVIDENCE STORAGE, AND RELATED PRODUCT SUPPORT SERVICES Department: Police Department Staff Recommendation: Council adopt the resolution. 6. 14-0588 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $475,376 FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY AND APPROPRIATING $358,581 TO THE POLICE GRANT FUND FOR THE SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (4/5 VOTE REQUIRED) Department: Police Department Staff Recommendation: Council adopt the resolution. 7. 14-0598 QUARTERLY FINANCIAL REPORT FOR THE QUARTER ENDING SEPTEMBER 30, 2014 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE FISCAL YEAR 2014/15 BUDGET TO ADJUST FOR VARIANCES, AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) Department: Finance Department Staff Recommendation: Council accept the report and adopt the resolution. 8. 14-0563 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA POLICE OFFICERS' ASSOCIATION BARGAINING UNIT ("CVPOA") RELATED TO COMPENSATION AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY DOCUMENTS AND/OR MOU AS MAY BE REQUIRED TO IMPLEMENT THE MEMORANDUM OF UNDERSTANDING City of Chula Vista Page 3 Printed on 1013112014 2014-11-04 Agenda Packet Page 3 City Council Agenda November 4,2014 B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2014/15 BUDGET TO ACCOUNT FOR THE PROPOSED SALARY INCREASE FOR CHULA VISTA POLICE OFFICERS' ASSOCIATION (4/5 VOTE REQUIRED) C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2014/15 COMPENSATION SCHEDULE AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5 Department: Human Resources Department Staff Recommendation: Council adopt the resolutions. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC COMMENTS Persons speaking during Public Comments may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from discussing or taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. PUBLIC HEARINGS The following item(s) have been advertised as public hearing(s) as required by law. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 9. 14-0582 CONSIDERATION OF FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR AMENDMENTS TO THE GENERAL PLAN, OTAY RANCH GENERAL DEVELOPMENT PLAN, OTAY RANCH VILLAGES TWO, THREE AND A PORTION OF FOUR SECTIONAL PLANNING AREA PLAN, FOUR ASSOCIATED TENTATIVE MAPS AND A DEVELOPMENT AGREEMENT City of Chula Vista Page 4 Printed on 1013112014 2014-11-04 Agenda Packet Page 4 City Council Agenda November 4,2014 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING CERTAIN FINDINGS OF FACT; ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS ; ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM FOR AMENDMENTS TO THE GENERAL PLAN, THE OTAY RANCH GENERAL DEVELOPMENT PLAN, THE OTAY RANCH VILLAGES TWO, THREE AND A PORTION OF FOUR SECTIONAL PLANNING AREA PLAN; AND APPROVING FOUR TENTATIVE MAPS AND A DEVELOPMENT AGREEMENT B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE CHULA VISTA GENERAL PLAN; OTAY RANCH GENERAL DEVELOPMENT PLAN (GDP), OTAY RANCH VILLAGES TWO, THREE AND A PORTION OF VILLAGE FOUR SECTIONAL PLANNING AREA (SPA) PLAN, AND ASSOCIATED REGULATORY DOCUMENTS INCLUDING A DEVELOPMENT AGREEMENT IN ORDER TO add 1,562 units AMONG THIRTY sIX NEIGHBORHOODS AND PLANNING AREAS WITHIN VILLAGE 2 LOCATED SOUTH OF OLYMPIC PARKWAY AND WEST OF LA MEDIA ROAD C. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE OTAY RANCH VILLAGE 2 PLANNED COMMUNITY DISTRICT REGULATIONS AND LAND USE DISTRICTS MAP FOR 26 NEIGHBORHOODS AND 10 PLANNING AREAS (FIRST READING) D. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A TENTATIVE SUBDIVISION MAP WITHIN OTAY RANCH VILLAGE 2 NORTH - CHULA VISTA TRACT 12-02 E. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A TENTATIVE SUBDIVISION MAP WITHIN OTAY RANCH VILLAGE 2 WEST - CHULA VISTA TRACT 12-03 City of Chula Vista Page 5 Printed on 1013112014 2014-11-04 Agenda Packet Page 5 City Council Agenda November 4,2014 F. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A TENTATIVE SUBDIVISION MAP WITHIN OTAY RANCH VILLAGE 2 - CHULA VISTA TRACT 12-04 G. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A TENTATIVE SUBDIVISION MAP WITHIN OTAY RANCH VILLAGE 2 SOUTH - CHULA VISTA TRACT 12-05 H. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CHULA VISTA, BALDWIN AND SONS, LLC AND SUNRANCH CAPITAL PARTNERS FOR PORTIONS OF OTAY RANCH VILLAGE TWO (FIRST READING) Department: Development Services Department Staff Recommendation: Council conduct the public hearing, adopt the resolutions and place the ordinances on first reading. ACTION ITEMS The Item(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. 14-0574 CONSIDERATION OF APPROVING THE AGREEMENT REGARDING CONSTRUCTION OF CERTAIN PARKS RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AGREEMENT REGARDING CONSTRUCTION OF PARKS P-1, P-2, P-3, P-5 AND P-6 IN A PORTION OF OTAY RANCH VILLAGE 2 BETWEEN THE CITY AND OTAY RANCH VILLAGE 2 MASTER DEVELOPER Department: Development Services Department Staff Recommendation: Council adopt the resolution. CITY MANAGER'S REPORTS MAYOR'S REPORTS COUNCILMEMBERS' COMMENTS City of Chula Vista Page 6 Printed on 1013112014 2014-11-04 Agenda Packet Page 6 City Council Agenda November 4,2014 CLOSED SESSION Announcements of actions taken in Closed Session shall be made available by noon on Wednesday following the Council Meeting at the City Attorney's office in accordance with the Ralph M. Brown Act(Government Code 54957.7). 11. 14-0592 CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a): Name of case: Donald Sipple v. City of Hayward, et al., (including the City of Chula Vista), Los Angeles Superior Court, Case Number BC462270 12. 14-0605 CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code Section 54956.9(c): One Case Significant exposure to litigation pursuant to Government Code Section 54956.9(b): One Case ADJOURNMENT to a City Council Workshop on November 6, 2014, at 6:00 p.m., in the Police Department Community Room; and thence to the next Regular City Council Meeting on November 18, 2014, at 2:00 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 A, during normal business hours. In compliance with the AMERICANS WITH DISABILITIES ACT The City of Chula Vista requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service, contact the City Clerk's Office at(619) 691-504 1(California Relay Service is available for the hearing impaired by dialing 711) at least forty-eight hours in advance of the meeting. Sign up at www.chulavistaca.gov to receive email notifications when City Council agendas are published online. City of Chula Vista Page 7 Printed on 1013112014 2014-11-04 Agenda Packet Page 7 City of Chula Vista OF CHU�LAVISTA Staff Report File#: 14-0616, Item#: A. OATH OF OFFICE Yoana Bandala, International Friendship Commission City of Chula Vista Page 1 of 1 Printed on 10/30/2014 2014-11-04 Agenda Packet Page 8 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0627, Item#: B. PRESENTATION BY DEVELOPMENT SERVICES DIRECTOR KELLY BROUGHTON OF EMPLOYEE OF THE MONTH BEVERLY BRAUNING, OFFICE SPECIALIST City of Chula Vista Page 1 of 1 Printed on 10/31/2014 powered by Legis 2014-11-04 Agenda Packet Page 9 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0620, Item#: 1. APPROVAL OF MINUTES of October 28, 2014. RECOMMENDED ACTION Council approve the minutes. City of Chula Vista Page 1 of 1 Printed on 10/30/2014 powered by Leg 2014-11-04 Agenda Packet Page 10 City of Chula Vista Meeting Minutes - Draft Tuesday, October 28,2014 2:00 PM Council Chambers 276 4th Avenue, Building A Chula Vista, CA 91910 SPECIAL MEETING OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING JOINTLY WITH THE CITY COUNCIL OF THE CITY OF CHULA VISTA CALL TO ORDER A Special Meeting of the Successor Agency to the Redevelopment Agency meeting jointly with the City Council of the City of Chula Vista was called to order at 2:03 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: Present: Deputy Mayor Aguilar, Councilmember Bensoussan, Councilmember Ramirez, Councilmember Salas and Mayor Cox Also Present: City Manager Halbert, City Attorney Googins, City Clerk Norris, and Assistant City Clerk Bigelow. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Councilmember Sa/as led the Pledge of Allegiance. SPECIAL ORDERS OF THE DAY 14-0619 PRESENTATION BY CHULA VISTA ANIMAL CARE FACILITY ANIMAL ADOPTION COUNSELOR LINDA SEPTON REGARDING LORI, A DOG AVAILABLE FOR ADOPTION, AND THE FACILITY'S ADOPTION PROGRAMS Animal Adoption Counselor Septon presented Lori, a Chihuahua available for adoption, and spoke regarding the Facility's adoption programs. A. 14-0566 PRESENTATION BY CHULA VISTA LIBRARY DIRECTOR BETTY WAZNIS AND DIGITAL SERVICES MANAGER JODIE SAWINA REGARDING THE LIBRARY'S NEW ZINIO DIGITAL MAGAZINES Library Director Waznis and Library Digital Services Manager Sawina presented information on the Library's new Zinio Digital Magazine service. CONSENT CALENDAR (Items 1 - 9) The following items were removed from the Consent Calendar: Items 3 and 4 at the request of Councilmember Ramirez, Item 8 at the request of a member of the public, and Item 9 at the request of Councilmember Bensoussan. 1. 14-0601 APPROVAL OF MINUTES of October 14, 2014. Recommended Action: Council approve the minutes. City of Chula Vista Page 1 2014-11-04 Agenda Packet Page 11 City Council Meeting Minutes -Draft October 28, 2014 2. 14-0593 WRITTEN COMMUNICATIONS Letter of resignation from Guy Chambers, Parks and Recreation Commission Recommended Action: Council accept the resignation. Items 3 and 4 were removed from the Consent Calendar. 5. 14-0552 RESOLUTION NO. 2014-191 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING COUNCIL POLICY NO. 220-01, THE CITY OF CHULA VISTA INVESTMENT POLICY AND GUIDELINES Recommended Action: Council adopt the resolution. 6. 14-0572 FISCAL YEAR 2013/14 ANNUAL FINANCIAL STATUS REPORT RESOLUTION NO. 2014-192 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CATEGORIZATION OF $3.6 MILLION IN THE ECONOMIC CONTINGENCY RESERVE AS A COMMITTED FUND BALANCE FOR FISCAL YEAR 2013/14, IN ACCORDANCE WITH GOVERNMENTAL ACCOUNTING STANDARDS BOARD STATEMENT NO. 54 AND COUNCIL POLICY 159-04 Recommended Action: Council accept the report and adopt the resolution. 7. 14-0564 RESOLUTION NO. 2014-193 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AGREEMENT WITH THE COUNTY OF SAN DIEGO FOR THE POLICE DEPARTMENT'S PARTICIPATION IN THE CALIFORNIA IDENTIFICATION SYSTEM REMOTE ACCESS NETWORK Recommended Action: Council adopt the resolution. Items 8 and 9 were removed from the Consent Calendar. ACTION: A motion was made by Mayor Cox, seconded by Councilmember Salas, to approve staff's recommendations on the above Consent Calendar items, headings read,text waived. The motion carried by the following vote: Yes: 5- Aguilar, Bensoussan, Ramirez, Salas and Cox No: 0 Abstain: 0 ITEMS REMOVED FROM THE CONSENT CALENDAR 3. 14-0535 RESOLUTION NO. 2014-189 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE VACATION OF AN IRREVOCABLE OFFER OF DEDICATION FOR HIGHER EDUCATION AND RELATED COMPATIBLE USES, ACTIVE PUBLIC RECREATION, QUASI-PUBLIC AND ALL OTHER USES INCLUDING RESIDENTIAL USES, INDUSTRIAL AND COMMERCIAL FOR OTAY RANCH VILLAGES 3, PORTION OF 4, 8 EAST, AND 10 City of Chula Vista Page 2 2014-11-04 Agenda Packet Page 12 City Council Meeting Minutes -Draft October 28, 2014 City Manager Halbert provided additional information on the item. ACTION: A motion was made by Councilmember Ramirez, seconded by Councilmember Salas, that Resolution No. 2014-189 be adopted, heading read, text waived. The motion carried by the following vote: Yes: 5- Aguilar, Bensoussan, Ramirez, Salas and Cox No: 0 Abstain: 0 4. 14-0578 RESOLUTION NO. 2014-190 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AND NO. 2014-008 OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING A CRA ADVANCE FUNDING AGREEMENT BETWEEN THE CITY AND ROHR, INC., OPERATING AS GOODRICH AEROSTRUCTURES AND APPROPRIATING $250,000 TO THE OTHER EXPENSES CATEGORY OF THE NON-DEPARTMENTAL BUDGET (4/5 VOTE REQUIRED) City Manager Halbert provided additional information on the item. ACTION: A motion was made by Councilmember Ramirez, seconded by Councilmember Salas, that City Council Resolution No. 2014-190 and Successor Agency to the Redevelopment Agency Resolution No. 2014-008 be adopted, heading read, text waived. The motion carried by the following vote: Yes: 5- Aguilar, Bensoussan, Ramirez, Salas and Cox No: 0 Abstain: 0 8. 14-0570 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REAL PROPERTY PURCHASE AGREEMENT FOR THE PROPERTY LOCATED AT 89 FIRST AVENUE AND APPROPRIATING $490,000 TO THE WESTERN PARK ACQUISITION AND DEVELOPMENT FUND (4/5 VOTE REQUIRED) Real Property Manager Ryals presented information on the item. The following members of the public spoke in opposition to staff's recommendation: -David Danciu, Chula Vista resident, representing Crossroads 11 -Alfredo Morales, Chula Vista resident -Susan Luzzaro, Chula Vista resident -Frank Luzzaro, Chula Vista resident In response to a question from Deputy Mayor Aguilar, Mr. Morales, Chula Vista resident, provided clarification on his comments. Deputy Mayor Aguilar distributed copies of maps related to the item. Council discussion ensued. Councilmember Bensoussan stated she received communication from residents in support of staff's recommendation on the item. City of Chula Vista Page 3 2014-11-04 Agenda Packet Page 13 City Council Meeting Minutes -Draft October 28, 2014 In response to questions from Councilmember Ramirez, Mrs. Luzzaro, Mr. Morales, and Mr. Luzzaro, Chula Vista residents, spoke in support of creating more open space in the City. Councilmember Ramirez moved to table the item, and refer it back to staff to engage in community outreach and continue to negotiate the purchase price with the landowner. Councilmember Salas offered a substitute motion to continue the item for a period of approximately six months to allow staff to engage in public outreach and provide additional information to Council. ACTION: A motion was made by Councilmember Salas, seconded by Councilmember Ramirez, to continue the item for a period of approximately six months to allow staff to engage in public outreach and provide additional information to Council. The motion carried by the following vote: Yes: 5- Aguilar, Bensoussan, Ramirez, Salas and Cox No: 0 Abstain: 0 9. 14-0584 RESOLUTION NO. 2014-194 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING DONATIONS IN THE AMOUNT OF $10,300 FOR A DOG PARK LOCATED AT EUCALYPTUS PARK AND APPROPRIATING SAID FUNDS TO THE PUBLIC WORKS' SUPPLIES AND SERVICES BUDGET (4/5 VOTE REQUIRED) Councilmember Bensoussan acknowledged supporters and volunteers who contributed to the dog park. Councilmember Ramirez, Deputy Mayor Aguilar, and Councilmember Salas recognized Councilmember Bensoussan for her work on the project. ACTION: A motion was made by Councilmember Bensoussan, seconded by Councilmember Salas, that Resolution No. 2014-194 be adopted, heading read, text waived. The motion carried by the following vote: Yes: 5- Aguilar, Bensoussan, Ramirez, Salas and Cox No: 0 Abstain: 0 PUBLIC COMMENTS The following members of the public expressed concern regarding illegal drug and other criminal activity in the area of the 1000 block of Corte Maria Avenue: - Theresa Cowan, Chula Vista resident -Elizabeth Spear, Chula Vista resident -Nora May, Chula Vista resident -Sam Cowan, Chula Vista resident -Billie Brown Siciliano, Chula Vista resident -Amber Rodriguez, Chula Vista resident -Justin Fagan, Chula Vista resident -Nicole Williams, Chula Vista resident Mayor Cox stated that the City Attorney had distributed confidential information to the Council. City Attorney Googins acknowledged the seriousness of the situation and stated that the City Attorney's office would continue to invest significant resources to address the issues. City of Chula Vista Page 4 2014-11-04 Agenda Packet Page 14 City Council Meeting Minutes -Draft October 28, 2014 Mayor Cox recessed the meeting at 4:42 p.m. The Council reconvened at 5:06 p.m., with all members present. PUBLIC HEARINGS 10. 14-0448 CONSIDERATION OF ACCEPTING A STAFF REPORT RECOMMENDING AN UPDATED TRANSPORTATION DEVELOPMENT IMPACT FEE TO MITIGATE TRANSPORTATION IMPACTS WITHIN THE CITY'S EASTERN TERRITORIES AND AMENDING CHAPTER 3.54 OF THE MUNICIPAL CODE TO MODIFY THE EXISTING TRANSPORTATION DEVELOPMENT IMPACT FEE Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than the time specified in the notice. Mayor Cox opened the public hearing and continued the item to November 18, 2014. 11. 14-0449 CONSIDERATION OF UPDATING THE WESTERN TRANSPORTATION DEVELOPMENT IMPACT FEE TO MITIGATE TRANSPORTATION IMPACTS WITHIN WESTERN CHULA VISTA, AMENDING THE WESTERN TRANSPORTATION DEVELOPMENT IMPACT FEE BENEFIT AREA, AND ESTABLISHING THE BAYFRONT TRANSPORTATION DEVELOPMENT IMPACT FEE Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than the time specified in the notice. Mayor Cox opened the public hearing and continued the item to November 18, 2014. 12. 14-0556 CONSIDERATION OF ACCEPTING BIDS AND AWARDING LANDSCAPE MAINTENANCE CONTRACTS FOR CERTAIN OPEN SPACE DISTRICTS TO AZTEC LANDSCAPING, INC., BLUE SKIES LANDSCAPE, INC., AND BRICKMAN GROUP; AND WAIVING IRREGULARITIES IN THE BID RECEIVED FROM BRICKMAN GROUP FOR BID GROUP 1 A. RESOLUTION NO. 2014-195 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING IRREGULARITIES, ACCEPTING BIDS AND AWARDING LANDSCAPE MAINTENANCE CONTRACTS BETWEEN THE CITY AND BRICKMAN GROUP FOR LANDSCAPE MAINTENANCE SERVICES FOR BID GROUP 1 OPEN SPACE DISTRICTS 1, 17 AND 20 (ZONE 7) IN THE AMOUNT OF $181,728; BID GROUP 7 TELEGRAPH CANYON ROAD 1-805 TO LA FITNESS AND OTAY RANCH VILLAGE 1 WEST SOUTH SLOPES (CFD 99-2) IN THE AMOUNT OF $140,241; APPROPRIATING FUNDS THEREFOR AS SPECIFIED IN THE BODY OF THIS RESOLUTION; AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE CONTRACT (4/5 VOTE REQUIRED) City of Chula Vista Page 5 2014-11-04 Agenda Packet Page 15 City Council Meeting Minutes -Draft October 28, 2014 B. RESOLUTION NO. 2014-196 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING LANDSCAPE MAINTENANCE CONTRACTS BETWEEN THE CITY AND AZTEC LANDSCAPING, INC. FOR LANDSCAPE MAINTENANCE SERVICES IN BID GROUP 3 EASTLAKE MAINTENANCE DISTRICT NO.1 ZONES A, B, AND D AND OPEN SPACE DISTRICT 31 IN THE AMOUNT OF $192,413.76; BID GROUP 5 OPEN SPACE DISTRICTS 2, 7, 18, AND 23 IN THE AMOUNT OF $94,829.64; BID GROUP 8 OLYMPIC PARKWAY 805 SR125, EASTLAKE LANDSWAP OLYMPIC PARKWAY SR125 HUNTE PARKWAY, OTAY RANCH VILLAGE 2 SANTA VENETIA (CFD 13M) IN THE AMOUNT OF $226,592.16; APPROPRIATING FUNDS THEREFOR AS SPECIFIED IN THE BODY OF THIS RESOLUTION; AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE CONTRACT (4/5 VOTE REQUIRED) C. RESOLUTION NO. 2014-197 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING LANDSCAPE MAINTENANCE CONTRACTS BETWEEN THE CITY AND BLUE SKIES LANDSCAPE, INC. FOR LANDSCAPE MAINTENANCE SERVICES IN BID GROUP 2 OPEN SPACE DISTRICT 20 ZONES 2, 3, 4, 5 AND 6 IN THE AMOUNT OF $517,186.99; BID GROUP 4 OPEN SPACE DISTRICTS 14, 15, AND 24 IN THE AMOUNT OF $217,293.28; BID GROUP 6 MCMILLIN OTAY RANCH VILLAGE 6 - CFD 08M AREA 1, AND OTAY RANCH VILLAGE 6 - CFD 08M AREA 2 IN THE AMOUNT OF $342,646.39; APPROPRIATING FUNDS THEREFOR AS SPECIFIED IN THE BODY OF THIS RESOLUTION; AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE CONTRACT (4/5 VOTE REQUIRED) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than the time specified in the notice. Mayor Cox opened the public hearing. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. ACTION: A motion was made by Councilmember Ramirez, seconded by Councilmember Bensoussan, that Resolution Nos. 2014-195, 2014-196, and 2014-197 be adopted, headings read,text waived. The motion carried by the following vote: Yes: 5- Aguilar, Bensoussan, Ramirez, Salas and Cox No: 0 Abstain: 0 13. 14-0569 CONSIDERATION OF A MITIGATED NEGATIVE DECLARATION AND A REZONE, DESIGN REVIEW, PLANNED SIGN PROGRAM, AND A VARIANCE PERMIT FOR A 97 UNIT MULTI-FAMILY APARTMENT COMPLEX ON A 4.68 ACRE SITE LOCATED AT 3875 MAIN STREET. APPLICANT: STONE CREEK CASITAS, LLC. City of Chula Vista Page 6 2014-11-04 Agenda Packet Page 16 City Council Meeting Minutes -Draft October 28, 2014 A. ORDINANCE OF THE CITY OF CHULA VISTA ADOPTING MITIGATED NEGATIVE DECLARATION IS-13-006 AND AMENDING THE ZONING MAP ESTABLISHED BY CHULA VISTA MUNICIPAL CODE SECTION 19.18.010 TO REZONE A 4.68 ACRE PARCEL LOCATED AT 3875 MAIN STREET FROM LIMITED INDUSTRIAL (ILP) ZONE TO APARTMENT RESIDENTIAL (R3) ZONE (FIRST READING) B. RESOLUTION NO. 2014-198 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A DESIGN REVIEW PERMIT, DRC-13-33 TO CONSTRUCT A 97-UNIT MULTI-FAMILY APARTMENT COMPLEX WITH CARPORTS, RECREATION BUILDING, AND ASSOCIATED OPEN SPACE ON 4.68 ACRES LOCATED AT 3875 MAIN STREET C. RESOLUTION NO. 2014-199 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A PLANNED SIGN PROGRAM, PSP-13-09 TO APPROVE AN INCREASE IN SIGNAGE BEYOND THE MAXIMUM ALLOWABLE SQUARE-FOOTAGE, FOR A MONUMENT SIGN FOR THE 97-UNIT MULTI-FAMILY APARTMENT COMPLEX ON 4.68 ACRES LOCATED AT 3875 MAIN STREET D. RESOLUTION NO. 2014-200 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A VARIANCE, ZAV-14-02 TO DEVIATE FROM THE MAXIMUM 3 1/2-FT. WALL HEIGHT IN THE FRONT SETBACK TO ALLOW A 6-FT. FENCE TO ENCLOSE THE SWIMMING POOL/RECREATION AREA ON A 4.68 ACRE SITE LOCATED AT 3875 MAIN STREET Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than the time specified in the notice. Associate Planner Young presented information on the item. Kevin O'Neill, applicant, presented information regarding the project. Mayor Cox opened the public hearing. Ronald Hidinger, Chula Vista resident, expressed concern regarding bicyclist safety on Main Street near the proposed project. Mike Spethman, Chula Vista resident, spoke in support of staff's recommendation on the item. There being no other members of the public who wished to speak, Mayor Cox closed the public hearing. Development Services Director Broughton provided information regarding the analysis of bicycle and traffic safety on Main Street. City of Chula Vista Page 7 2014-11-04 Agenda Packet Page 17 City Council Meeting Minutes -Draft October 28, 2014 ACTION: A motion was made by Deputy Mayor Aguilar, seconded by Councilmember Bensoussan, that the above ordinance be placed on first reading and that Resolution Nos. 2014-198, 2014-199, and 2014-200 be adopted, headings read, text waived. The motion carried by the following vote: Yes: 5- Aguilar, Bensoussan, Ramirez, Salas and Cox No: 0 Abstain: 0 CITY MANAGER'S REPORTS 14. 14-0607 Update regarding Illegal Campaign Sign Enforcement (City Attorney, Public Works and Code Enforcement) City Attorney Googins presented an update regarding the illegal placement of campaign signs in Chula Vista for the November 2014 election. MAYOR'S REPORTS Mayor Cox announced the upcoming opening of the west end of H Street. She also spoke regarding the Animal Care Facility's adoption program. 15. 14-0609 RATIFICATION OF APPOINTMENT OF YOANA BANDALA TO THE INTERNATIONAL FRIENDSHIP COMMISSION ACTION: A motion was made by Mayor Cox, seconded by Councilmember Ramirez, to approve the ratification of appointment of Yoana Bandala to the International Friendship Commission. The motion carried by the following vote: Yes: 5- Aguilar, Bensoussan, Ramirez, Salas and Cox No: 0 Abstain: 0 COUNCILMEMBERS' COMMENTS Deputy Mayor Aguilar provided an update on the efforts to reinstate the Starlight Parade. Councilmember Bensoussan commended Mayor Cox on the opening of the rabbit and cat enclosure at the Animal Care Facility. Councilmember Salas left the dais at 6:04 p.m. Councilmember Ramirez also commended Mayor Cox on the opening of the small animal habitat. He spoke regarding the recent Tijuana Innovadora conference and thanked City staff who participated in and supported the event. He stated he would be representing the City at the upcoming Metropolitan Transit System (MTS)meeting at which there would be discussion on the proposed bi-national rail line. City Attorney Googins spoke regarding recent public outreach on the two City Council-approved measures on the November 2014 ballot. Mayor Cox stated that Closed Session Items 16 and 17 would not be heard. City of Chula Vista Page 8 2014-11-04 Agenda Packet Page 18 City Council Meeting Minutes -Draft October 28, 2014 CLOSED SESSION 16. 14-0592 CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a): Name of case: Donald Sipple v. City of Hayward, et al., (including the City of Chula Vista), Los Angeles Superior Court, Case Number BC462270 ACTION: Item 16 was not discussed. 17. 14-0605 CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code Section 54956.9(c ): One Case ACTION: Item 17 was not discussed. ADJOURNMENT At 6:12 p.m., Mayor Cox adjourned the meeting to the Regular City Council Meeting on November 4, 2014, at 2:00 p.m., in the Council Chambers. Kerry K. Bigelow, Assistant City Clerk City of Chula Vista Page 9 2014-11-04 Agenda Packet Page 19 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0615, Item#: 2. WRITTEN COMMUNICATIONS Letter of resignation from Charlaine Carter, Commission on Aging RECOMMENDED ACTION Council accept the resignation. City of Chula Vista Page 1 of 1 Printed on 10/30/2014 powered by Leg 2014-11-04 Agenda Packet Page 20 From: Charlaine Carter [mailto. _ ] Sent: Monday, October 27, 2014 9:01 AM 'To: Margarita Cellano Subject: Re: FW: Shall We Dance/Bailamos Event at Loma Verde Recreation Center klaraarita I am so sorry to have to submit my letter of resisnation from the commission. Effective immediately. My responsibilities and lack of availabilitn- consistently on Wednesdays has made it impossible to serve the aging population in the manner that I would feel would do honor to the older members of my cornmunin. The care of my 86 year stroke and breastfeeding cancer surviving mom is a constant reminder of the challenges of aging on the individual, the family and their caregivers. Please extend my gratitude to the members of the commission for their service and commitment. In His \Tame. Warmly, Charlaine Carter Psalm 27:13 On Oct 27, 2014 8:01 A'-,\4. "\Margarita Cellano" <mc ell anono chulavistaca.go,%,,> ,vrote: COA: I'm sending the attached per Anabel Kuykendall. Thank: you -------------------------------- \-largarita Cellano E Recreation Department Citt- of Chula Vista. Buildin¢ C 276 Fourth Avenue V Chula Vista, CA 91910 619.409-5979 1 619-409-5925 (fax) ,.N-N«v-.chulavistaca.go%-/rec "We enrich our communiry through recreational opportunities and services" 2014-11-04 Agenda Packet Page 21 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0622, Item#: 3. ORDINANCE OF THE CITY OF CHULA VISTA ADOPTING MITIGATED NEGATIVE DECLARATION IS-13-006 AND AMENDING THE ZONING MAP ESTABLISHED BY CHULA VISTA MUNICIPAL CODE SECTION 19.18.010 TO REZONE A 4.68 ACRE PARCEL LOCATED AT 3875 MAIN STREET FROM LIMITED INDUSTRIAL (ILP) ZONE TO APARTMENT RESIDENTIAL (R3) ZONE (SECOND READING AND ADOPTION) RECOMMENDED ACTION Council adopt the ordinance. SUMMARY The Applicant has submitted a Rezone, Design Review, Planned Sign Program, and Variance application in regard to the approval of a 97-unit multi-family apartment complex with carports, recreation building, and associated open space. The 4.68-acre project site located at 3875 Main Street, is west of Otay Valley Road and the I-805 Freeway. The project site is comprised of one parcel located in the urbanized southwestern portion of the City of Chula Vista (see Locator Map, Attachment 1). ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act and has conducted an Initial Study, IS-13-006, in accordance with the California Environmental Quality Act. Based upon the results of the Initial Study, the Development Services Director has determined that the project could result in significant effects on the environment. However, revisions to the project made or agreed to by the applicant would avoid the effects, or mitigate the effects to a point where clearly no significant effects would occur; therefore, the Development Services Director has prepared a Mitigated Negative Declaration, IS-13- 006 and associated Mitigation Monitoring and Reporting Program. BOARD/COMMISSION RECOMMENDATION The Planning Commission considered the rezone on October 8, 2014 and voted (7-0-0-0) to recommend that the City Council approve the proposed rezone to change the property from a Limited Industrial (ILP) zone to an Apartment Residential (R3) zone. Pursuant to CVMC Section 19.14.050, when an Applicant applies for more than one permit or other approval for a single development, the applications shall be consolidated for processing and shall be reviewed by a single decision maker or decision-making body. The consolidated application shall be heard by the decision maker or decision-making body associated with the highest level action among the applications to be considered. Since the City Council is required to approve the Rezone application, all other applications shall be reviewed and approved by the City Council which includes the Design Review, Planned Sign Program, and Variance permit. City of Chula Vista Page 1 of 9 Printed on 10/30/2014 powered by Leg 2014-11-04 Agenda Packet Page 22 File#: 14-0622, Item#: 3. On March 27, 2014, a neighborhood meeting was held where all commercial/industrial site owners, and residents in attendance, were in favor of the vacant site being developed. According to the residents, homeless people were living on the site and the natural drainage channel was not being maintained and created insect problems. The industrial site owner to the west expressed concerns with noise coming from his operation. Staff noted a 6-ft. solid wall will be placed along the zoning boundary line to buffer the noise for the residents. DISCUSSION Project Site Characteristics: The project is comprised of one vacant parcel located in the urbanized southwestern portion of the City of Chula Vista (Attachment 1-Location Map). The project site is relatively flat and is bisected by a natural drainage channel running northeast to southwest. Adjacent to Main Street, the site has a gradual slope difference of approximately 10-ft. Vehicular access is currently provided from a driveway located on Main Street that is shared with the property located to the south of the site. The parcel is surrounded by residential, commercial, and industrial uses. General Plan, Zoning and Land Use The project site is zoned as Limited Industrial (ILP) and has an RH (Residential High) General Plan land use designation. The following table specifies the existing land uses surrounding the parcel: General Plan Zoning Current Land Use Site: Residential High Limited Industrial (ILP)* Vacant North: Limited Industrial Limited Industrial (IL) Industrial South: Limited Industrial Limited Industrial (ILP) Self Storage East: Residential Low Medium Single-Family Res. (R15P) Single-Family Homes West: Limited Industrial Limited Industrial (ILP) Industrial *City Council approval required for zone change from Limited Industrial(ILP)to Apartment Residential(R3). Project Description Rezone The Rezone proposes to change the zoning designation on the parcel from Limited Industrial (ILP) to Apartment Residential (R3) consistent with the General Plan. The proposed R-3 zone would then allow a 97 unit apartment complex through the issuance of a separate Design Review Permit. Design Review The overall proposal consists of a 97-unit multi-family apartment complex with carports, recreation building, and associated open space. The proposal includes three (3) building plan types ranging from 5-unit to 20-unit buildings. The buildings will be three-story with a maximum height of 42-ft. The City of Chula Vista Page 2 of 9 Printed on 10/30/2014 2014-11-04 Agenda Packet Page 23 File#: 14-0622, Item#: 3. recreation building is two stories with two (2) residential units on the second floor with a maximum height of 30-ft. Pursuant to CVMC Section 19.28.060, the additional height above 28-ft. must be approved by the City Council. The floor plans, consisting of 63-one bedroom units, 34-two bedroom units, are sized at approximately 700 square-feet to 950 square-feet for each unit. The proposed floor plans for all units include a living room, kitchen, study, bedroom, and deck. Some units will have carports that are adjacent to the first floor units. Spanish style architecture incorporates three color schemes with materials such as light to dark colored stucco, tiled roofs, cultured stone, decorative metal railing & accents, decorative shutters, covered patios, and arched openings. Required parking is provided onsite with 58 carports and 123 open parking spaces. Onsite amenities include several open space areas throughout the project site consisting of a passive open space area in between buildings and along the existing channel, BBQ areas, children's garden area with play equipment, and a recreation building with a pool. There are several vehicle and pedestrian accesses on and off the site. Vehicles can access the site through two driveways, both along Main Street. A pedestrian ramp is provided off of Main Street and a pedestrian bridge connects residential Building No. 6 with the rest of the site, as well as providing access to the children's garden area along the western property line. Compliance with Development Standards The following Project Data Table shows the development regulations along with the applicant's proposal to meet said requirements: Assessor's Parcel Number: 629-130-22-00 Current Zoning: Limited Industrial, ILP General Plan Designation: Residential High Lot Area: 4.68 acres PARKING REQUIRED: Parking spaces, PARKING PROPOSED: Carports = 58 broken down as follows: 1.5 spaces for one spaces Covered (Solar Shade Structure)=67 bedroom units (63 units x 1.5= 95) spaces Open parking (regular spaces) = 49 2.0 spaces for two bedroom units (34 spaces Compact= 2 spaces Disabled= 5 units x 2.0=68 spaces) Total: 163 parking spaces Total: 181 parking spaces spaces SETBACKS/HEIGHT REQUIRED: Front: SETBACKS/HEIGHT PROPOSED: 25 feet 15 feet Sides: 5 feet Rear: 20 feet Height: 24 & 64 feet 53 feet 30 feet (recreation bldg.) 28/45 feet* 42 feet (res. bldg.)* Principal buildings up to three and one half stories or 45 feet may be approved by the City Council; provided, it is found that the height, bulk, mass and proportion of all structures are compatible with the site,as well as in scale with structures on adjoining and surrounding properties in the area. Planned Sign Program The Planned Sign Program proposal is to allow an increase in signage to the front entrance monument sign along Main Street beyond what is allowed per Chula Vista Municipal Code Section (CVMC) 19.60.410. The monument sign is proposed to be a total of 36 square-feet, whereas the CVMC allows a maximum sign area of 12 square-feet and an additional 2 square-feet for vacancy City of Chula Vista Page 3 of 9 Printed on 10/30/2014 2014-11-04 Agenda Packet Page 24 File#: 14-0622, Item#: 3. status. Per CVMC Section 19.60.050J, the City Council may modify the rules as to sign size, height, illumination, spacing, orientation or other non-communicative aspects of the sign. Variance The Variance proposes to deviate from the maximum 3 1/2-ft. wall height in the front setback along Main Street to allow a 6-ft. tubular steel fence to enclose the swimming pool/recreation area. ANALYSIS Rezone: The proposed use is located in a Limited Industrial (ILP) zone with a General Plan designation of Residential High. The Limited Industrial (ILP) zone does not allow for a 97 unit apartment complex, however, the Apartment Residential (R3) zone would allow a 97 unit apartment complex to be approved through a Design Review Permit. In addition to the Rezone and Design Review permit, the City Council is also being asked to consider a Planned Sign Program and Variance application associated with this project. In the 2005 General Plan Update, the City Council approved the General Plan designation change from Limited Industrial (IL) to Residential High (RH), in expectation of the property owners pursuing a future rezone and building a multi-family product on this site. The General Plan designation of Residential High allows 18-27 dwelling units per acre, for which the R3 zone is appropriate for this type of use. Therefore, the proposed zoning designation of R3 is consistent with the General Plan. Conformance with Chapter 19.80 (Controlled Residential Development) of the Chula Vista Municipal Code Chapter 19.80 of the Chula Vista Municipal Code requires that the following be analyzed when a property is rezoned: 19.80.070 Chula Vista Zoning Code Modification A. Rezoning of property designated for residential development under the City's zoning code shall be permitted only to the next highest residential density category in any two year period according to the following schedule: A Agricultural Zone RE. Residential Estates Zones R-1 Single Family Residential R-2 One and Two-Family Residential Zone R-3 Apartment Residential Zone The property is being rezoned from an industrial zone to a residential zone. The above provision City of Chula Vista Page 4 of 9 Printed on 10/30/2014 powered by Leg 2014-11-04 Agenda Packet Page 25 File#: 14-0622, Item#: 3. addresses property that is being rezoned from residential to residential; therefore, this provision is not applicable. B. Any annexation of lands within the City's sphere of influence shall conform to the purposes, intent and requirements of this ordinance. This proposal does not involve the annexation of any lands. C. After property is annexed by the City, the prezoning approved for the subject property cannot be amended or changed in any way for a two year period. The provision shall apply only to prezones approved after the effective date of this ordinance. This proposal does not involve the annexation of any lands. D. Rezoning commercial or industrial property to a residential zone shall be permitted only to the maximum residential density corresponding to the potential traffic generation that was applicable prior to the rezoning to residential. In addition, property which is rezoned from residential to commercial or industrial may not be rezoned to a residential category of higher density than that which was applicable prior to the rezoning to commercial or industrial. The subject properties are currently designated ILP. The first sentence of the above language is what applies to this proposed rezone from an industrial to a residential category. The rezone of the property will only be rezoned to the maximum residential density, which is R-3, which complies with the Chula Vista Municipal Code Section 19.80.070D. Pursuant to the SANDAG Trip Generation Guidelines, the 4.68 acre site could generate up to 936 average daily trips (ADT's) under the existing Limited Industrial (IL) zoning. A total of 758 trips could be generated under the Apartment Residential (R3) zoning. Therefore, the multi-family residential use will generate fewer trips than an industrial or commercial use, and the rezone is thereby consistent with Chula Vista Municipal Code section 19.80. The requested rezone requires City Council approval following a recommendation by the Planning Commission. On October 8, 2014 the Planning Commission voted in favor of the Rezone and recommended the City Council approve the Ordinance. Design Review Compliance with Chula Vista Design Manual- Multi-Family Building, Facade and Roof Articulation Heights and setbacks within the same building should be varied, and wall planes should be staggered both horizontally and vertically in order to create pockets of light and shadow and provide visual relief from monotonous, uninterrupted expanses of wall (CVDM p. IV-9). The exterior of the building would create both vertical and horizontal enhanced features to avoid monotonous building facades. The proposed building is a two and three-story stucco building with a City of Chula Vista Page 5 of 9 Printed on 10/30/2014 powered by Leg 2014-11-04 Agenda Packet Page 26 File#: 14-0622, Item#: 3. variety of roof levels and different roof sloped angles. Various roof pop-outs and angles are provided along the building to create visual interest. A tower and arched openings are provided at the front entrance to the buildings. Arched openings are also provided off of balconies. Some of the upper floor windows are provided with canopies. The recreation center has arched columns along the walkway to the outdoor California Room, balconies, different wall planes, and an oversized chimney to provide visual interest. Materials/Colors Colors should be used to articulate entries or other architectural features. Variations in shade and tone can be used to enhance form and heighten interest. (CVDM p. IV-10) The building elevations consist of several design features to enhance the form and heighten interest. The buildings consist of three different color schemes with two colors for each building such as, "hymnos" and "wood ash," "heavy duty" and amber brew" and "Tia Maria" and "Rosemond" colors. A color and materials board will be available for City Council review at the hearing. The secondary stucco color will be used at building pop-outs, above the carport areas, and the trim around the windows will provide contrast. The roof consists of an "S" shape roof tile with three different colors, "Capistrano-tuscon blend," "Capistrano-walnut creek blend" and Capistrano-adobe blend." The buildings will be provided with wood accent with a "chocolate brownie" color, metal accents painted a "replanted" color, and door accent with a "Bruno" color. Other materials consist of wood shutters and three different types of cultured stone, "spring-stream stone," summer-stream stone" and "earth blend -river rock" at the base of the residential building and on the tower feature to accentuate the front entrance to the building. A decorative wrought iron design is placed on the ornamental wrought iron railing and tower feature. The recreation area uses the cultured stone along the first floor building wall and on the chimney. Columns, arched openings, a decorative wrought iron design on the balcony railings and enclosing a portion of the California Room are also provided. Recessed windows with built up sill along with different sizes and shapes of windows are provided. Landscaping All areas not covered by structures, drives, parking or hardscape should be appropriately and professionally landscaped. Landscaping should generally constitute no less than 15 percent of the gross site area... (CVDM p. 11-27). The proposed landscaping will consist of street trees, shrubs and ground cover to enhance the front of the site, planters in between the garages, and within the open space area such as the BBQ picnic area. Several trees and shrubs have been added adjacent to the recreation building to enhance the outdoor portion of the area such as the California Room, fireplace and seating area, BBQ, and pool. Enhanced pavement will be provided at the front entrance driveway leading to the recreation center. A pedestrian trellis is provided at the entrance to the pedestrian paseo that connects to the main pedestrian walkway through the project site. Along this path enhanced paving is provided across the driveway, and access is provided to the main passive open space area and gathering space with BBQ and seating overlooking the existing channel. A children's garden area is provided with a wooden bridge, bench swing and items for the children to play with such as a log crawl, chalk board City of Chula Vista Page 6 of 9 Printed on 10/30/2014 powered by Leg 2014-11-04 Agenda Packet Page 27 File#: 14-0622, Item#: 3. panel, sundial, gazing ball, and varied height log steppers. The landscaping along the existing channel on the Applicant's property has been enhanced to take advantage of the existing waterway scenery. Landscaping would cover 52 percent of the site, which meets the guidelines of the Chula Vista Landscape Manual. The City's Landscape Planner recommends approval of the conceptual landscape plan. The Applicant will be required to submit a construction landscape plan prior to the building permit approval. Trash Enclosures & Recycling Plans and specifications should be reviewed with the City's Conservation Coordinator in order to ensure compatibility with current refuse and recycling collection practices and to ensure compliance with applicable waste management requirements (CVDM p. IV-7). The City's Conservation Coordinator recommends approval of the location and size of the trash enclosures and has found them to be sufficient for the proposed use. Prior to the approval of a building permit, the Applicant will be required to submit an acceptable Recycling and Solid Waste Management Plan to the satisfaction of the City's Conservation Coordinator. Height Per Chula Vista Municipal Code (CVMC) Section 19.28.060, no principal building shall exceed either two and one-half stories or 28-feet in height. However, per CVMC Section 19.28.060A.2 principal buildings up to three and one half stories or 45 feet may be approved by the City Council; provided, it is found that the height, bulk, mass and proportion of all structures are compatible with the site, as well as in scale with structures on adjoining and surrounding properties in the area. The surrounding area consists of one-story industrial buildings to the north and west, a two-story commercial building to the south and one-story residential homes to the east. The proposed buildings are located a significant distance away from the adjacent buildings. For example, the closest structures are the single-family homes with an approximate distance of 64-ft. away from the home's rear property line. Within this area there is an existing driveway easement, parking spaces, and landscaping in front of the proposed buildings. It is not uncommon to have a three-story structure in the R3 zone. Therefore, the additional height due to the location of the proposed buildings is found to be in scale with the surrounding properties in the area. Parking CVMC Section 19.62.050 requires 1.5 spaces for one bedroom units and 2.0 spaces for two bedroom units. Therefore, the required parking is 163 spaces. There are 58 carports spaces on the first floor of the residential buildings, 67 covered spaces with a solar shade structure, 49 open spaces, 2 compacts spaces, and 5 disabled spaces for a total of 181 parking spaces. The project exceeds the required parking by eighteen parking spaces. Planned Sign Program CVMC Section 19.60.410 requires a maximum residential sign area of 12 square-feet with an additional 2 square-feet that can be added for vacancy status. The proposed sign has a total of 36 City of Chula Vista Page 7 of 9 Printed on 10/30/2014 2014-11-04 Agenda Packet Page 28 File#: 14-0622, Item#: 3. square-feet, which exceeds the maximum limit. The Applicant is proposing the larger sign due to the location and visibility of the sign from Main Street. The Landscape Architecture Division is currently discussing the City's future street improvements along Main Street in regards to the widening or decreasing in width of Main Street, and any landscaping to be placed along the street edge. Since this plan is not in place yet, nor approved, the Land Development Division has requested a 24-ft. street dedication for possible future widening. With the property line moving back 24-ft., the monument sign would not be visible from Main Street. Therefore, the Applicant proposes to place the monument sign within the new right-of-way, adjacent to the main entrance, so the sign would be more visible along Main Street. An Encroachment permit will be required by the City to place the sign within the right-of-way. The sign will also be increased to 36 square feet to assist in the visibility of the sign. The maximum speed limit for vehicles along Main Street is 40 mph. With the increase speed volume along Main Street, compared to other streets within the area of 25 or 35 mph, and the location of where the sign will be placed, the Applicant expressed concerns with visibility of the sign to motorists. Once the City's street improvements are completed along Main Street, the sign will be moved to a permanent location, at the new property line, 24-ft. back as shown on the Project plans, Attachment 9. Per CVMC Section 19.60.050J, the City Council may modify the rules as to sign size, height, illumination, spacing, orientation or other non-communicative aspects of the sign. With the constraints to the location of the sign and current conditions of Main Street, Staff feels the total square footage of the sign is appropriate for this site. The monument sign is a total height of 5-ft. and has decorative elements around the sign such as boulders, stone pilasters, and heavy timber railing to match the pedestrian bridge on the site. The colors and materials of the sign match the proposed buildings. The proposed sign will complement the buildings architecture and ties into the design features of the site. Variance Per CVMC Section 19.14.190A-D, the City Council may grant a variance in accordance with the variance findings, including establishing a hardship particular to the property that exists on the site and was not created by any act of the owner. One of the onsite amenities includes a recreation building with a pool that is located at the project's main entrance off of Main Street. Adjacent to Main Street, the site has a gradual slope difference of approximately 10-ft. Adjacent to this slope is an outdoor "California Room" with a fireplace, seating, BBQ area, built in benches with a fire table, that is adjacent to the recreation building. In proximately to these amenities is the pool, which has to be fully enclosed with a fence per the Building Code requirements for safety reasons. The Applicant proposed to place a 6-ft. tubular steel fence partially down a 2:1 slope within the front yard setback area, above the recreation area. The fence will not be visible from any adjoining properties along Main Street. In addition, it will be partially screened by a monument sign and landscaping. City of Chula Vista Page 8 of 9 Printed on 10/30/2014 powered by Leg 2014-11-04 Agenda Packet Page 29 File#: 14-0622, Item#: 3. DECISION-MAKER CONFLICT No Property within 500 feet Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. 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 Project implements the City's Strategy 2.1 , which provides policies, planning, infrastructure, and services that are fundamental to an economically strong, vibrant city. Furthermore, it implements the City Initiative 2.1 .2; Foster Opportunities for Investment in Western Chula Vista, by developing a vacant site with the proposed development of a multi-family project. CURRENT YEAR FISCAL IMPACT The application fees and processing cost are paid for by the Applicant. There is no impact to the General Fund. ONGOING FISCAL IMPACT Not Applicable. ATTACHMENTS 1 . Locator Map 2. Planning Commission Resolution, PCZ-13-01 3. City Council Ordinance, PCZ-13-01 4. City Council Resolution, DRC-13-33 5. City Council Resolution, PSP-14-04 6. City Council Resolution, ZAV-14-02 7. Mitigation Negative Declaration 8. Disclosure Statement 9. Project Plans Staff Contact: Caroline Young City of Chula Vista Page 9 of 9 Printed on 10/30/2014 powered by Leg 2014-11-04 Agenda Packet Page 30 � rim � � p`` � ►iii ■ ■■ ■■ ■�., ,` -� �■ � � ■ra ■11■� _III _ � . � .. �■•rr• ■■�■■ ■� ■ __ _- �■ ■ � -- 111■_ IIIIIIIIIIIIIIII �I■ ■11 = 1111111111111111111/%��I■ �� ��'�� � �� X111111111111/� _ ■. ■� �� �� � ■� /Illllllllllllllr �► ���■� � ♦ ♦ 11� III /�i� _ � � I ► , � � • �1�1111�11��. ►. � 11111111■1 1■111■1■ _- :■■_ �III,1 ._ 111 :::::: JIM � 111 ■1111 � •''`�■ �� ■- i■1■ PROJE IC �■ 1111 -- 111 i■� ii is •• LOCRION ■■' __ ■■ ■■ Il a .. 111 ■■■��r■ �� :: CITY OF A VISTA 111111 M� MEW CHULA VISTA • • 111. ��■ ■ ■■■ .11 111: DEVELOPMENT SERVICES DEPARTMENT LOCATOR PROJECT PROJECT DESCRIPTION: APPLICANT • - Creek Casitas, LLC 1 MISCELLANEOUS PROJECT Project Summary: Proposed 97 multy-family apartment units. ADDRESS: 3875 Main St. SCALE: FILE NUMBER: NORTH No Scale .- iii • i 0 i �, ,. SECOND READING AND ADOPTION ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA ADOPTING MITIGATED NEGATIVE DECLARATION IS-13-006 AND AMENDING THE ZONING MAP ESTABLISHED BY CHULA VISTA MUNICIPAL CODE SECTION 19.18.010 TO REZONE A 4.68 ACRE PARCEL LOCATED AT 3875 MAIN STREET FROM LIMITED INDUSTRIAL (ILP) ZONE TO APARTMENT RESIDENTIAL (R3)ZONE L RECITALS A. Project Site WHEREAS,the subject matter of this Ordinance is the Zoning Map established by Chapter 19.18.010 of the Chula Vista Municipal Code, and the area of the Zoning Map to be used as the project area is identified as Exhibit"A,"attached hereto and incorporated herein by this reference; and B. Project; Application for Discretionary Approval WHEREAS,an application was made by Stone Creek Casitas,LLC(Applicant)to amend the Zoning Map to rezone a parcel consisting of 4.68 acres located at 3875 Main Street from Limited Industrial(ILP) to Apartment Residential(R3)(the"Project")and was filed with the City of Chula Vista Development Services Department on December 12, 2013; and C. Environmental Review WHEREAS, the Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act and has conducted an Initial Study,IS-13- 006. Based upon the results of the Initial Study,the Development Services Director has determined that the project could result in significant effects on the environment. However, revisions to the project made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur;therefore,the Development Services Director has prepared a Mitigated Negative Declaration,IS-13-006 and associated Mitigation Monitoring and Reporting Program; and D. Planning Commission Record on Applications WHEREAS, the Planning Commission held an advertised public hearing on the Project on October 8, 2014, and voted 7-0-0-0 to recommend that the City Council approve the rezone in accordance with the Findings listed below; and Attachment 3 2014-11-04 Agenda Packet Page 32 Ordinance No. Page 2 WHEREAS,the proceedings and all evidence introduced before the Planning Commission at their public hearing on this Project held on October 8, 2014, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding; and E. City Council Record on Applications WHEREAS,a duly called and noticed public hearing was held before the City Council of the City of Chula Vista on October 28, 2014 on the Project to receive the recommendations of the Planning Commission, and to hear public testimony with regard to the same. IL NOW,THEREFORE BE IT ORDAINED,that the City Council of the City of Chula Vista does hereby find and determine as follows: A. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council does hereby find that in the exercise of its independent review and judgment and in consideration of any comments received during the public review process,and finding on the basis of the whole record before it that there is no substantial evidence that the proposed proj ect will have a significant effect on the environment, and that the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program(IS-13-006)has been prepared in accordance with the requirements of the California Environmental Quality Act(CEQA),the State CEQA Guidelines and the Environmental Review Procedures of the City of Chula Vista, and that all documents are on file in the Chula Vista Planning Department and with the Secretary therefore, said documents constituting the record of these proceedings,the City Council hereby adopts the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-13-006)in the form presented. B. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on said ordinance was held on October 8, 2014 and the minutes and resolution there from, are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision makers,shall comprise the entire record of the proceedings for any CEQA claims. C. APPROVAL OF ZONING REGULATIONS That the City Council does hereby approve the proposed rezone from Limited Industlial(ILP) to Residential (R3) for a 4.68 acre parcel located at 3875 Main Street. III. SEVERABILITY If any portion of this Ordinance, or its application to any person or circumstance,is for any reason held to be invalid,unenforceable or unconstitutional,by a court of competent jurisdiction,that portion shall be deemed severable,and such invalidity,unenforceability or unconstitutionality shall 2014-11-04 Agenda Packet Page 33 Ordinance No. Page 3 not affect the validity or enforceability of the remaining portions of the Ordinance,or its application to any other person or circumstance.The City Council of the City of Chula Vista hereby declares that it would have adopted each section,sentence,clause or phrase of this Ordinance,irrespective of the fact that any one or more other sections,sentences,clauses or phrases of the Ordinance be declared invalid,unenforceable or unconstitutional. IV. CONSTRUCTION The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict,applicable state and federal law and this Ordinance shall be construed in light of that intent. V. EFFECTIVE DATE This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. VI. PUBLICATION The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by Kelly Broughton Glen R. Googins Development Services Director City Attorney 2014-11-04 Agenda Packet Page 34 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0571, Item#: 4. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE FEE DEFERRAL PROGRAM TO REQUIRE PAYMENT OF FEES PRIOR TO BUILDING PERMIT FINAL INSPECTION INSTEAD OF BUILDING PERMIT ISSUANCE (FIRST READING) RECOMMENDED ACTION Council place the ordinance on first reading. SUMMARY Since 2009 certain building permit fees have been collected prior to final inspection rather than at building permit issuance. This has been termed the "Fee Deferral Program" and was an effort to not unfairly burden those willing to develop during the recession while at the same time not impacting the quality and timing of City services and facilities. The Fee Deferral Program was a trial program and is set to expire at the end of this year. Staff recommends amending the Fee Deferral Program to extend the Fee Deferral Program until such time as City Council determines, in accordance with California Government Code §66007, that payment of fees should occur at a time earlier than building permit final inspection. 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(b)(4) of the State CEQA Guidelines because the proposal consists of a fiscal action that will not result in a potentially significant physical impact on the environment. 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. BOARD/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION On January 6, 2009, City Council passed Ordinance No. 3120 (Attachment 1) establishing the Development and Processing Impact Fee Payment Plan Program ("Fee Deferral Program") to encourage the construction of residential and non-residential development projects within the City. This Ordinance allowed Developers to pay all fees subject to the Fee Deferral Program up to 12 months from the date of issuance of building permits, in addition to limiting the duration of the Fee Deferral Program to December 31 , 2010. Later, on April 21 , 2009, City Council expanded the Fee Deferral Program to include Park Fees by the adoption of Ordinance No. 3126 (Attachment 2). On September 14, 2010, Ordinance No. 3163 (Attachment 3) obtained its second reading and adoption by City Council modifying the Fee Deferral Program. Ordinance No. 3163 allowed for the payment of the fees subject to the Fee Deferral Program prior to final inspection or City of Chula Vista Page 1 of 3 Printed on 10/30/2014 powered by Leg 2014-11-04 Agenda Packet Page 35 File#: 14-0571, Item#: 4. certificate of occupancy upon request of the Developer and the determination by the City that such fees were not needed at an earlier time. This Ordinance took into effect 30 days after final passage and was set to expire automatically on December 31, 2011 . To continue the support of development during the economic downturn, City Council adopted three additional ordinances to extend the life of the Fee Deferral Program: the first extension of the program to December 31 , 2012 was done by Ordinance No. 3220 (Attachment 4); the second extension to December 31 , 2013 with Ordinance No. 3242 (Attachment 5); and the final to December 31 , 2014 with Ordinance No. 3280 (Attachment 6). Without this amendment to the Fee Deferral Program, the Fee Deferral Program will expire on December 31 , 2014. Building permits issued prior to that date will be required to pay all fees not previously paid, prior to a final inspection. Building permits issued after December 31 , 2014 will be required to pay all fees at building permit issuance or final map approval as required for their project approvals. Recommended Changes The recommended changes to Section 8 of Ordinance No. 3163 follow: Section 8. Expiration of this Ordinance This Ordinance shall take effect thirty days after final passage. and shall autematiGagy ewe on QQr-,QmhQ 24-44, and as e# 4:�a-t dam is deemed Fepealed. Notwithstanding the foregoing, any building permit issued prior to expiration of this Ordinance shall not be required to pay fees until Final Inspection er OertifirQte of spy , provided none of the events identified in Section 6(8) have occurred. 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. 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 Fee Deferral Program supports the Economic Vitality goal as it seeks to incentivize development opportunities within the City of Chula Vista while keeping Operational Excellence constant. CURRENT YEAR FISCAL IMPACT The adoption of this proposed Ordinance will not have an impact to the General Fund. ONGOING FISCAL IMPACT There is no impact to the general fund. There is also no impact created by deferring fees until final inspection. City fees have an automatic cost inflator "built in" so, if the fees have increased between issuance of a building permit and the date the fees are paid, the applicant City of Chula Vista Page 2 of 3 Printed on 10/30/2014 powered by Leg 2014-11-04 Agenda Packet Page 36 File#: 14-0571, Item#: 4. is subject to the higher fees. ATTACHMENTS Attachment 1 : Ordinance No. 3120 - Ordinance of the City of Chula Vista Establishing the Development and Processing Impact Fee Payment Plan Program. Attachment 2: Ordinance No. 3126 - Ordinance of the City Council of the City of Chula Vista Amending Title 17, Section 17.10.100 of the Chula Vista Municipal Code to Facilitate the Deferral of In-Lieu Park Fees. Attachment 3: Ordinance No. 3163 - Ordinance of the City of Chula Vista Modifying the Fee Deferral Program. Attachment 4: Ordinance No. 3220 - Ordinance of the City of Chula Vista Amending Section 8 of Ordinance 3163 in Order to Extend the Fee Deferral Program. Attachment 5: Ordinance No. 3242 - Ordinance of the City of Chula Vista Extending until December 31 , 2013, the Fee Deferral Program for Certain Development Fees to Allow Payment Prior to Building Permit Final Inspection Instead of at Building Permit Issuance. Attachment 6: Ordinance No. 3280 - Ordinance of the City of Chula Vista Amending City of Chula Vista Ordinance No. 3163 to Extend Term of the Fee Deferral Program Which Allows for Certain Development Fees to be Paid Prior to Building Permit Final Inspection Instead of at Building Permit Issuance. Staff Contact: Sandra Hernandez, Associate Engineer City of Chula Vista Page 3 of 3 Printed on 10/30/2014 powered by Leg 2014-11-04 Agenda Packet Page 37 ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FEE DEFERRAL PROGRAM TO REQUIRE PAYMENT OF FEES PRIOR TO BUILDING PERMIT FINAL INSPECTION INSTEAD OF BUILDING PERMIT ISSUANCE WHEREAS, on January 6, 2009, City Council passed Ordinance No. 3120 establishing the Development and Processing Impact Fee Payment Plan Program ("Fee Deferral Program") to encourage the construction of residential and non-residential development projects within the City. This Ordinance allowed Developers to pay all fees subject to the Fee Deferral Program up to 12 months from the date of issuance of building permits, in addition to limiting the duration of the Fee Deferral Program to December 31, 2010; and WHEREAS, on April 21, 2009, City Council expanded the Fee Deferral Program to include Park Fees by the adoption of Ordinance No. 3126; and WHEREAS, on September 14, 2010, City Council adopted Ordinance No. 3163 modifying the Fee Deferral Program to allow for the payment of the fees subject to the Fee Deferral Program prior to final inspection or certificate of occupancy upon request of the Developer and the determination by the City that such fees were not needed at an earlier time; and WHEREAS, on December 6, 2011, City Council adopted Ordinance No. 3220 to extend the Fee Deferral Program to December 31, 2012; and WHEREAS, on December 11, 2012, City Council adopted Ordinance No. 3242 to extend the Fee Deferral Program to December 31, 2013; and WHEREAS, on November 19, 2013, City Council adopted Ordinance No. 3280 to extend the Fee Deferral Program to December 31, 2014; and WHEREAS, City staff is recommending that City Council adopt an ordinance to permanently require the fees subject to the Fee Deferral Program prior to final inspection. If at a later date, City Council determines that these fees are needed at a time earlier than final inspection, it can take another Council action per Government Code 66007 to establish a new timing for payment. NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I. Section 8 of Ordinance No. 3163 to be amended as follows: C:AUsers\GRAlVIC-l\AppData\Local\Temp\BCL Technologies\easyPDF 71,@BCL@3005952A\@BCL @3005952A.doc 2014-11-04 Agenda Packet Page 38 Ordinance Page 2 Section 8. Expiration of this Ordinance This Ordinance shall take effect thirty days after final passage. Notwithstanding the foregoing, any building permit issued prior to expiration of this Ordinance shall not be required to pay fees until Final Inspection, provided none of the events identified in Section 6(B) have occurred. Section II. All other provisions of Ordinance No. 3163 shall remain in full force and effect. Section III. This amendment of Ordinance No. 3163 shall take effect 30 days after its second reading and approval. Section IV. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section V. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section VI. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section VII. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by Kelly G. Broughton, FASLA Glen R. Googins Director of Development Services City Attorney 2014-11-04 Agenda Packet Page 39 ORDINANCE NO. 3120 ORDINANCE OF THE CITY OF CHULA VISTA ESTABLISHING THE DEVELOPMENT AND PROCESSING IMPACT 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 permit 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 1 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 11; and WHEREAS, Ordinance No. 2898 requires that the Pedestrian Bridge Development Impact Fee for Otay Ranch Village 1 I be paid in cash upon the issuance of a residential building permit; and WHEREAS, Chapter 3.32 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 2014-11-04 Agenda Packet Page 40 Ordinance No. 3120 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 permit; and I 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 permit; 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 of Chula 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 construction 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. J 2014-11-04 Agenda Packet Page 41 Ordinance No. 3120 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 affordability 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 permit. "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 in Section 13.14.090 of the Chula Vista Municipal Code; (b) the Residential Construction Tan 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 Eastern Area Transportation Development Impact Fee codified in Chapter 3.54 of the Chula Vista Municipal Code; (e) the Western Transportation Development Impact Fee codified in Chapter 3.55 of the Chula Vista Municipal Code; (f) 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 2014-11-04 Agenda Packet Page 42 Ordinance No. 3120 Page 4 (i) and the Pedestrian Bridge Development Impact Fee Program for Otay Ranch Village 11 established on February 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. i (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. (f) 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 of the certificate of occupancy for an Approved Development Project; or (3) the end of the maximum period described in subsection (f) of this Section S. 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. 2014-11-04 Agenda Packet Page 43 Ordinance No. 3120 Page 5 Once the obligation is paid in full, the City shall record a Release of the Lien. 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 adjust the development impact fees to reflect the current rates for the fees. Section S. 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 of the 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, 2010, and as of that date, is repealed. Presented by Approved as to form by �C �z Richard A. Hopk s B . Mie eld Engineering Director City Attoey 2014-11-04 Agenda Packet Page 44 Ordinance No. 3120 Page 6 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 6th day of January 2009, by the following vote: AYES: Councilmembers: Bensoussan Castaneda, McCann, Ramirez, and Cox NAYS: Counciimembers: None ABSENT: Councilmembers: None I Cheryl Cox, ayo vT ATTEST: 4,A-'. W , 0 Donna R.Norns, CMC, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) i I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 3120 had its first reading at a regular meeting held on the 16th day of December 2008 and its second reading and adoption at a regular meeting of said City Council held on the 6th day of January 2009; and was duly published in summary form in accordance with the requirements of state law and the City Charter. Executed this 6th day of January 2009. -AL, K/ Donna R. Norris, OMC, City Clerk III 2014-11-04 Agenda Packet Page 45 ORDINANCE NO. 3126 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING TITLE 17, SECTION 17.10.100 OF THE CHULA VISTA MUNICIPAL CODE TO FACILITATE THE DEFERRAL OF IN-LIEU PARK FEES WHEREAS, the City of Chula Vista is desirous of both assisting economic development and providing parklands for the community, and WHEREAS, currently, in-lieu park fees ("PAD fees") are collected prior to the recordation of a final map or parcel map or for development that does not require a final map or parcel map, at the time of permit issuance; and WHEREAS, the existing requirements related to the timing of the collection of PAD fees have been identified as a possible impediment to development; and WHEREAS, in those situations where the PAD fees are not necessary for the public health or welfare, a deferral in the collection of such fees would not harm the City or its ability to provide its citizens and communities with the Parks they need; and WHEREAS, the deferral of PAD fees will also provide developers with relief from the upfront capital requirements, so that they may begin pulling building permits; and WHEREAS, on December 16, 2008, the City Council approved an ordinance for the deferral of certain development impact fees and other fees associated with development due to the economic downturn; and WHEREAS, similarly, in order to permit the deferral of the collection of PAD fees, the City must amend its Municipal Code by adopting an ordinance; and WHEREAS, the City desires to limit the applicability of such deferred payments of PAD fees to those final maps, parcel maps approved and recorded and those permits issued after the adoption of this Ordinance. NOW, THEREFORE the City Council of the City of Chula Vista, does ordain as follows: That Chula Vista Municipal Code chapter 17, section 17.10.100 be amended with the inclusion of sections 17.10.1 00(c), 17.10.100(d),and 17.10.100(e); as follows: 2014-11-04 Agenda Packet Page 46 Ordinance No. 3126 Page 2 Chapter 17, Section 17.10.100 Collection and Distribution of Fees (C) Notwithstanding the foregoing Section 17.10.100(A), the City may defer the payment of in-lieu fees for land dedication and/or park development for those developments that require a final subdivision map or parcel map until the date of permit issuance provided such final map or parcel map is approved and recorded after the adoption of this ordinance Section 17.10.100(C) and prior to December 31, 2010. The amount of the fees due shall be those fees in effect at the time of permit issuance. (D) Notwithstanding the foregoing Section 17.10.100(A), the City may defer the payment of in-lieu fees for land dedication and/or park development due at permit issuance until a date 1 year from the permit issuance or until the call for final inspection, whichever is earlier, provided the following conditions are met: 1) The permit for which fee deferral is requested was issued after the adoption of this Ordinance Section 17.10.100(D) and prior to December 31, 2010. 2) Permit applicant demonstrates, to the satisfaction of the City Manager, that the payment of the in-lieu fees at the time of permit issuances creates a financial hardship. 3) An agreement with the City in a form approved by the City Attorney is executed containing the following terms and conditions: a. Interest shall accrue on the deferred fees at the City's average earning rate from the date of permit issuance until the deferred fees are paid in full. b. The City may withhold interim or final inspection, issuance of any additional permits, J and/or certificates of occupancy, if applicable, until the deferred fees are paid in full. C. The payment of the deferred fees and accrued interest shall be secured by a lien recorded on the property for which the permit was issued and such lien shall run with and encumber the property. d. Fees and Accrued Interest shall be paid with a certified check prior to or concurrent with the date on which the deferral period ends. e. If the Owner sells or transfers the property or any portion of the property in any manner, the property shall not be released from any of the obligations, covenants, or conditions under the Agreement relating to the property or portion of the property being acquired f. Permit applicant shall pay all fees associated with the preparation and recording of the agreement and associated lien. 4) For those deferred fees equal to or in excess of $100,000, the Agreement shall be approved by the City Council. For those deferred fees less than $100,000, the City Manager or his/her designee shall execute the Agreement. Separate Agreements shall not be created or executed in order to avoid the approval limitations or requirements of this section. (E) The provisions of Sections 17.10.100(C) and 17.10.100(D) shall expire, terminate, and become void at midnight on December 31, 2010. Upon expiration of this ordinance, all fees for development required to record a final or parcel map, deferred pursuant to the Section 17.10.100(C) and not the subject of a deferral agreement pursuant to Section 17.10.100(D), shall be due and payable on or before January 1, 2011. The amount of the fees due and payable shall be the amount of the fees in effect at the time of payment. 2014-11-04 Agenda Packet Page 47 Ordinance No. 3126 Page 3 BE IT FURTHER ORDAINED that this ordinance shall take effect and be in full force thirty (30) days after its adoption. Presented by Approved as to form by r ! Gary aloe .E., AIC B C. Miesfeld��' Deputy Ci Manager/Development Services City Atto ey Director PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 21 st day of April 2009, by the following vote: AYES: Councilmembers: Bensoussan, Castaneda, McCann, Ramirez, and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None Cheryl Cox, ayor ATTEST: 0 Donna R. Norris, eMC, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 3126 had its first reading at a regular meeting held on the 7th day of April 2009 and its second reading and adoption at a regular meeting of said City Council held on the 21st day of April 2009; and was duly published in summary form in accordance with the requirements of state law and the City Charter. Executed this 21 st day of April 2009. Donna R. Norris/CMC, tity Clerk 2014-11-04 Agenda Packet Page 48 ORDINANCE NO. 3163 ORDINANCE OF THE CITY OF CHULA VISTA MODIFYING THE FEE DEFERRAL PROGRAM WHEREAS, the City of Chula Vista (City) requires the payment of various types of fees to help off-set the impacts of new development; and WHEREAS, Chapter 5 of the California Government Code starting with §66000 and titled the "Mitigation Fee Act" ("the Act") establishes processes and conditions for the charging and payment of impact fees for development project; and WHEREAS, §66007(x) and (b) provides that fees on residential development shall not be required to be paid prior to the date of final inspection or certificate of occupancy; however, if the local agency determines that fees or charges for public improvements or facilities that are part of a plan are needed prior to such dates, they may be required at an earlier time; and WHEREAS, the City has adopted several fees and charges for public improvements and facilities as part of a plan, including: I. Telegraph Canyon Drainage Fee, adopted on August 7, 1990, pursuant to Ordinance No. 2384 2, Poggi Canyon Sewer Basin Development Impact Fee, adopted on December 9, 1997, pursuant to Ordinance No. 2716 3. Salt Creek Sewer Basin Development Impact Fee, adopted on August 24, 2004, pursuant to Ordinance No. 2974 4. Otay Ranch Village 1 and 5 Pedestrian Bridge Development Impact Fee, adopted on January 5, 1999, pursuant to Ordinance No. 2767 5. Pedestrian Bridge Development Impact Fee Program for Otay Ranch Village 11, adopted on February 18, 2003, pursuant to Ordinance No. 2898 6. "PFDIF" to pay for various public facilities, pursuant to Chapter 3.50 of the Chula Vista Municipal Code 7. Transportation Development Impact Fee for the Eastern Territories of the City (TDIF), pursuant to Chapter 3.54 of the Chula Vista Municipal Code 8. Western Transportation Development Impact Fee (WTDIF), pursuant to Chapter 3.55 of the Chula Vista Municipal Code 9. Parklands and Public Facilities Fees (Pad Fees) to pay for park related lands acquisition and the development of park facilities, pursuant to Chapter 17.10 of the Chula Vista Municipal Code 10. Sewage Capacity Charge, pursuant to Section 13.14.090 of the Chula Vista Municipal Code WHEREAS, the City requires the preceding fees to be paid prior to or upon issuance of building permits; and 2014-11-04 Agenda Packet Page 49 Ordinance No. 3163 Page 2 WHEREAS, the City recognizes that the payment of fees represents a substantial financial commitment for many projects; and WHEREAS, the City recognizes that delaying certain fees may assist in the development of projects; and WHEREAS, City Council has adopted Ordinance 3120 to establish a payment plan program to help lower the financial commitment for projects within the City until December 31, 2010; and WHEREAS, City Council has adopted Ordinance 3126 to provide for the deferral of Park Acquisition and Development Fees; and WHEREAS, the building community has requested that the deferral program be modified such that the above referenced fees would be payable prior to final inspection of each building permit; and WHEREAS, the City agrees that, provided it determines such fees are not needed prior to or upon issuance of building permits and that deferral shall not impact related Capital Improvement Programs or the provision of facilities, during the period of economic downturn, it would be appropriate to collect fees prior to final inspection or certificate of occupancy; and WHEREAS, the City would like to adopt an ordinance with a sunset period allowing for the payment of such fees prior to final inspection or certificate of occupancy upon request of the applicant and a determination by the City that such fees are not needed at an earlier time. NOW, THEREFORE, the City Council of the City of Chula Vista does ordain that Ordinances 3120 and 3126 shall be repealed and replaced 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 construction of residential and nonresidential development projects within the City. The City Council finds that the early payment of certain impact fees for new development is not always essential to the orderly and efficient development and in the current economic downturn, creates a barrier to such development. The City, therefore desires, by the adoption of this Ordinance, to ease such barrier by delaying the trigger for the payment of some fees for a certain period of time, provided the City determines that such fees will have no impact on the City's improvement programs and provision of public facilities. 2014-11-04 Agenda Packet Page 50 Ordinance No. 3163 Page 3 Section 3. Definitions "Applicant" means the owner of the real property or the developer with an approved development project who seeks to defer a development impact fee until final inspection or certificate of occupancy. "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 affordability 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 permit. "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. Application of this Ordinance This Ordinance shall apply only to Approved Residential Development Projects and Approved Development Projects as defined in this Ordinance. Section 5. Fees Subject to the Payment Plan Program Notwithstanding the provisions of Chapters 3.54, 3.55 and 17.10 of the Chula Vista Municipal Code and the Ordinances listed below to the contrary, the provisions of this Ordinance shall apply only to the following fees: (A) the Sewer Capacity Fee codified in Section 13.14.090 of the Chula Vista Municipal Code; (B) the Development Impact Fees to Pay for Various Public Facilities codified in Chapter 3.50 of the Chula Vista Municipal Code; (C) the Eastern Area Transportation Development Impact Fee codified in Chapter 3.54 of the Chula Vista Municipal Code; (D) the Western Transportation Development Impact Fee codified in Chapter 3.55 of the Chula Vista Municipal Code; (E) the Telegraph Canyon Drainage Fee established on August 7, 1990 pursuant to Ordinance No. 2384; (F) the Poggi Canyon Sewer Basin Development Impact Fee established on December 9, 1997, pursuant to Ordinance No. 2716; 2014-11-04 Agenda Packet Page 51 Ordinance No. 3163 Page 4 (G) the Salt Creek Sewer Basin Development Impact Fee established on August 24, 2004 pursuant to Ordinance No.2974; (H) the Otay Ranch Village 1 and 5 Pedestrian Bridge Development Impact Fee established on January 5, 1999, pursuant to Ordinance No. 2767; (I) the Pedestrian Bridge Development Impact Fee Program for Otay Ranch Village 11 established on February 18, 2003, pursuant to Ordinance No. 2898; and (J) the Parklands and Public Facilities fees of Title 17.10 of the Chula Vista Municipal Code. Section 6. Time of Payment of Fee (A) All fees subject to this Ordinance shall be paid prior to Final Inspection or Certificate of Occupancy. (B) Nothwithstanding Section 6(A), above, the City Manager, in his/her sole discretion, may require payment of the fees at an earlier date upon the occurrence of any of the following events: 1. the change of ownership of the Approved Residential Development Project, Approved Development Project, or any portion or portions thereof. 2, upon the City's Finance Director determination that the fees are necessary based on the adopted facilities programs in accordance with section 66007 (b) 1 of the Government Code. 3. upon a determination by the City' Finance Director, that there exists a risk associated with the collection of fees at a date later than permit issuance. Section 7. Amount of Fees Due and Payable (A) The amount of development impact fees due and payable by the Applicant shall be the amount of the fee at the time of payment, not the time of building permit issuance. (B) In the event that the City, for any reason, fails to collect any or all fees prior to Final Inspection or Certificate of Occupancy, such fee shall remain the obligation of the applicant, be subject to interest at the rate of 2% per annum from the date on which Final Inspection or Certificate of Occupancy was issued, and be adjusted and increased by any amount incurred by the City related to the collection of such fees. Section 8. Expiration of this Ordinance This Ordinance shall take effect thirty days after final passage and shall automatically expire on December 31, 2011, and as of that date, is deemed repealed. Notwithstanding the foregoing, any building permit issued prior to the expiration of this Ordinance shall not be required to pay fees until Final Inspection or Certificate of Occupancy, provided none of the events identified in Section 6(B) have occurred. 2014-11-04 Agenda Packet Page 52 Ordinance No. 3163 Page 5 Presented by Approved as to form by Gary ffalbe ,- E., AICP Bart C. Mieevy d Assistant t Manager/Development Services City Attorn Di rector PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 14th day of September 2010, by the following vote: AYES: Councilmembers: Bensoussan, Castaneda, McCann, Ramirez and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None Cheryl Cox, Mayor' ATTEST: Donna R. Norris, CMC, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) 1, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 3163 had its first reading at a regular meeting held on the 17th day of August 2010 and its second reading and adoption at a regular meeting of said City Council held on the 14th day of September 2010; and was duly published in summary form in accordance with the requirements of state law and the City Charter. Executed this 14th day of September 2010. D Donna R. Norris, CMr, City Clerk 2014-11-04 Agenda Packet Page 53 ORDINANCE NO. 3220 ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 8 OF ORDINANCE 3163 IN ORDER TO EXTEND THE FEE DEFERRAL PROGRAM WHEREAS, as a response to the economic downturn and in an attempt to promote development, the City Council, on December 16, 2008, approved a payment plan program for certain development fees ("Deferral Program"); and WHEREAS, on April 21, 2009, Council expanded the Deferral Program to include Park fees; and WHEREAS, on August 17, 2010, through the approval and adoption of City of Chula Vista Ordinance 3163, City Council altered the nature of the Deferral Program; and WHEREAS, the new Deferral Program, rather than requiring developers to pay fees at permit issuance or enter into an agreement secured by a lien placed on the property to be developed, allowed for the payment of fees at final inspection; and WHEREAS, the Deferral Program is due to expire on December 31, 2011; and WHEREAS, the current economic climate is little better than it was at the time the Deferral Program was implemented; and WHEREAS, the need to promote development in the City still remains; and WHEREAS, in light of the above, staff is proposing an amendment to Ordinance 3163 in order to extend the Deferral Program for an additional year, until December 31, 2012; and WHEREAS, on January 1, 2013, the time for the payment of fees will revert back to their traditional triggers: building permit issuance or final map approval. NOW, THEREFORE, the City Council of the City of Chula Vista does ordain that- 1. Ordinance 3163 be amended to read as follows: Section 8. Expiration of this Ordinance This Ordinance shall take effect thirty days after final passage and shall automatically expire on December 31, 2012, and as of that date, is deemed repealed. Notwithstanding the foregoing, any building permit issued prior to the expiration of this Ordinance shall not be required to pay fees until Final Inspection or Certificate of Occupancy, provided none of the events identified in Section 6(B) have occurred. 2014-11-04 Agenda Packet Page 54 Ordinance No. 3220 Page 2 11. All other provisions of Ordinance 3163 shall remain in full force and effect. III. This amendment to Ordinance 3163 shall take effect 30 days after its second reading and approval. Presented by Approved as to form by Gary 14al e'rtj P. . AIC &Att Assistant Ci Manager/Director of Developm nt Services PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 6th day of December 2011, by the following vote: AYES: Councilmembers: Aguilar, Bensoussan, Castaneda, Ramirez and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None — — LJA4=�'- Cheryl Cox, M r ATTEST: le fo" Donna R. Norris, CMC, City Clerk STATE OF CALIFORNIA } COUNTY OF SAN DIEGO } CITY OF CHULA VISTA } I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 3220 had its first reading at a regular meeting held on the 15th day of November 2011 and its second reading and adoption at a regular meeting of said City Council held on the 6th day of December 2011; and was duly published in summary form in accordance with the requirements of state law and the City Charter. 23 All c.u� Dated Donna R. Norris, CMC, City Clerk 2014-11-04 Agenda Packet Page 55 ORDINANCE NO. 3242 ORDINANCE OF THE CITY OF CHULA VISTA EXTENDING UNTIL DECEMBER 31, 2013, THE FEE DEFERRAL PROGRAM FOR CERTAIN DEVELOPMENT FEES TO ALLOW PAYMENT PRIOR TO BUILDING PERMIT FINAL INSPECTION INSTEAD OF AT BUILDING PERMIT ISSUANCE WHEREAS, as a response to the economic downturn and in an attempt to promote development, the City Council, on January 6, 2009, approved a payment plan program for certain development fees ("Deferral Program"); and WHEREAS, on September 14, 2010, Council expanded the Deferral Program to include Park Acquisition and Development fees; and WHEREAS, on September 14, 2010, through the approval and adoption of City of Chula Vista Ordinance No. 3163, City Council altered the nature of the Deferral Program and extended its effectiveness through December 31, 2011; and WHEREAS, the new Deferral Program, rather than requiring developers to pay fees at permit issuance or enter into an agreement secured by a lien placed on the property to be developed, allowed for the payment of fees at final inspection; and WHEREAS, on December 6, 2011, through the approval and adoption of Ordinance No. 3220, City Council further extended the Deferral Program through December 31, 2012; and WHEREAS, the current economic climate is a little better than it was at the time the Deferral Program was implemented; and WHEREAS, the need to promote development in the City still remains; and WHEREAS, in light of the above, staff is proposing an amendment to Ordinance No. 3163 in order to extend the Deferral Program for an additional year, until December 31, 2013; and WHEREAS, on January 1, 2013, unless further extended by approval of the City Council, the time for the payment of fees will revert back to their traditional triggers: building permit issuance or final map approval. NOW, THEREFORE, the City Council of the City of Chula Vista does ordain that: 1. Ordinance No. 3163 be amended to read as follows: 2014-11-04 Agenda Packet Page 56 Ordinance No. 3242 Page No. 2 Section 8. Expiration of this Ordinance This Ordinance shall take effect thirty days after final passage and shall automatically expire on December 31, 2013, and as of that date, is deemed repealed. Notwithstanding the foregoing, any building permit issued prior to the expiration of this Ordinance shall not be required to pay fees until Final Inspection or Certificate of Occupancy, provided none of the events identified in Section 6{B} have occurred. Ii. All other provisions of Ordinance No. 3163 shall remain in full force and effect. III. This amendment to Ordinance No. 3163 shall take effect 34 days after its second reading and approval. Presented by Approved as to form by Gary Ylalbe , P. . AICP gGlenR. gins As sistant C ty Manager/Director of y Development Services 2014-11-04 Agenda Packet Page 57 Ordinance No. 3242 Page No. 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California,this 11th day of December 2012, by the following vote: AYES: Councilmembers: Aguilar, Bensoussan, Ramirez, Salas and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None i Cheryl Cox, ayo ATTEST: o ' Donna R. Norris, CMC, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 3242 had its first reading at a regular meeting held on the 20th day of November 2012 and its second reading and adoption at a regular meeting of said City Council held on the 11th day of December 2012; and was duly published in summary form in accordance with the requirements of state law and the City Charter. Dat d Donna R. Norris, CMC, City Clerk 2014-11-04 Agenda Packet Page 58 ORDINANCE NO. 3280 ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CITY OF CHULA VISTA ORDINANCE NO. 3163TO EXTEND TERM OF THE FEE DEFERRAL PROGRAM WHICH ALLOWS FOR CERTAIN' DEVELOPMENT FEES TO BE PAYED PRIOR TO BUILDING PERMIT FINAL INSPECTION INSTEAD OF AT BUILDING PERMIT ISSUANCE WHEREAS, as response to the economic downturn and in an attempt to promote development, the City Council, on January 6, 2009, approved a payment plan program for certain development fees ("Deferral Program"): and WHEREAS. on September 14, 2010. Council expanded the Deferral Program to include Park Acquisition and Development fees; and WHEREAS. on September 14, 2010, through the approval and adoption of City of Chula Vista Ordinance No. 3163. City Council altered the nature of the Deferral Program and extended its effectiveness through December 31. 2011: and WHEREAS. the new Deferral Program, rather than requiring developers to pay fees at permit issuance or enter into an agreement secured by a lien placed on the property to be developed, allowed for the payment of fees at final inspection; and WHEREAS. on December 6. 2011. through the approval and adoption of Ordinance No. 3220, City Council further extended the Deferral Program through December 31. 2012; and WHEREAS, on December 11, 2012, through the approval and adoption of Ordinance No. 3242. Citv Council further extended the Deferral Program through December 31. 2013: and WHEREAS. the current economic climate is little better than it Nyas at the time the Deferral Program was implemented; and WHEREAS, the need to promote development in the City still remains: and WHEREAS, in light of the above. staff is proposing an amendment to Ordinance No. 3163 in order to extend the Deferral Program for an additional one year_, until December 31_ . 2014: and v WHEREAS, on January 1, 2014. unless further extended by approval of the City Council; the time for the payment of fees will revert back to their traditional triggers: building permit issuance or final map approval. Y+ 2014-11-04 Agenda Packet Page 59 Ordinance No. 3280 Page 2 NO'W. THEREFORE. the City Council of the City of Chula Vista does ordain that: 1. Ordinance No. 3163 to be amended to read as follows: Section 8. Expiration of this Ordinance This Ordinance shall take effect thirty days after final passage and shall automatically expire on December 31, 2014, and as of that date, is deemed repealed. Notwithstanding the foregoing; any building permit issued prior to expiration of this Ordinance shall not be required to pay fees until Final Inspection or Certificate of Occupancy, provided none of the events identified in Section 6(B) have occurred. H. All other provisions of Ordinance No. 3163 shall remain in full force and effect. 111. This amendment of Ordinance No. 3163 shall take effect 30 days after its second reading and approval. Presented by Approved as to form by Kelly ughton, FASLA Glen R. Gbogins f 1 Director of Development Services Cit, Attorney 2014-11-04 Agenda Packet Page 60 Ordinance No. 3280 Paee 3 PASSED. APPROVED. and .ADOPTED by the Cite Council of the City of Chula Vista- California. this 19th day of November 201 3. by the following vote: AYES: Councilmembers: Aguilar. Ramirez. Salas and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: Bensoussan fft'�'Me-' Cheryl Cox. M -or ATTEST: in. Donna R. Norris, CMC. City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) 1. Donna R. Norris. City Clerk of Chula Vista. California. do hereby certify that the foregoing Ordinance No. 3280 had its first reading at a regular meeting held on the 5th day of November 2013 and its second reading and adoption at a regular meeting of said Cite Council held on the 19th day of November 2013: and %vas duly published in summary form in accordance with the requirements of state law and the City Charter. 10.1 ;?Q0 'et Ax�� Dated Donna R. Norris, CMC. Cite Clerk 2014-11-04 Agenda Packet Page 61 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0587, Item#: 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE COMPETITIVE FORMAL BID PROCEDURE AND APPROVING AN AGREEMENT ("TASER QUOTATION") BETWEEN THE CITY AND TASER INTERNATIONAL FOR THE PURCHASE OF BODY-WORN CAMERAS, EVIDENCE STORAGE, AND RELATED PRODUCT SUPPORT SERVICES RECOMMENDED ACTION Council adopt the resolution. SUMMARY The Police Department has extensively researched and tested Body Worn Cameras (BWCs) since 2010. The Police Department is recommending to contract with Taser International, Inc. to provide equipment and cloud-based storage of digital video evidence as part of a comprehensive BWC program. ENVIRONMENTAL REVIEW This proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it has been determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; 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. BOARD/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION The use of police body worn cameras has been a growing national trend due to recent high profile events. The cameras, not only will protect people who make legitimate complaints, but this new technology also should protect police from false allegations of excessive force. Since 2010, the Police Department has extensively researched and tested body worn cameras (BWCs). The Police Department recommends to select Taser International as the provider for body worn cameras and cloud-based storage of videos via Evidence.com. Taser International is an industry leader with regard to ruggedized BWCs which are specifically designed for police use and Police Department staff has extensively tested its equipment since 2010. During that time, Police Department staff has also evaluated several other BWC providers, including BWCs from the following manufacturers: VieVu, Wolfcom, Stalker, and Martel Electronics. While a number of manufacturers have entered the BWC market in the last few years, Taser International is City of Chula Vista Page 1 of 4 Printed on 10/30/2014 powered by Leg 2014-11-04 Agenda Packet Page 62 File#: 14-0587, Item#: 5. by far the industry leader with regard to high quality recording equipment, ease of evidence handling and the secure cloud-based storage of digital evidence. Police Department staff bases its recommendation on the fact that Taser International is the only vendor who offers all of the following services as part its proposed five-year contract: • Taser International offers two models of ruggedized BWCs (chest mounted and head mounted). • Taser International offers no cost equipment upgrades of all cameras and docking stations every two and a half years based upon the proposed contract. • Taser International offers a full warranty on all cameras and docking stations based upon the five year contract. • Taser International's BWCs offer instant video review by officers via Bluetooth over a smart phone device which is useful for report writing and complaint resolution. Officers cannot edit, delete or tamper with videos in any manner. • Taser International offers a proprietary tamper-proof design by which videos can only be uploaded via a docking station or computer to cloud based servers. There are no data cards to be removed, damaged or lost and no cables to plug into a computer. • Taser International's BWCs are designed to be used in conjunction with multi-port docking stations which offer ease of use for uploading videos and recharging equipment. Other manufacturers require the use of individual cables and computers for saving data which is burdensome to officers. With Taser International's BWCs, officers simply plug the device into the docking station and it automatically uploads all videos to cloud-based servers as the device is charged. • Taser International offers Internet-based storage of videos via Evidence.com for data management and storage. This eliminates the need for expensive and complex video storage servers which must be maintained by the City's ITS department. • Evidence.com includes several layers of security which meet federal government cloud security standards and provides audit information and chain of custody details about video evidence. • Video evidence can be managed via the Evidence.com database and videos can be saved or deleted according to retention schedules based upon established Police Department policy. • Taser International has offered the Police Department a 25% discount on BWCs and a 20% discount on Ultimate Evidence.com licensing (data storage and management) as part of this contract. These are the same discounts that the San Diego Police Department negotiated with Taser International in their recent sole source contract for BWCs and storage services. Taser International has been an industry leader of police self defense equipment since 1993 and began incorporating cameras onto its electronic weapons in 2006. In 2009, Taser developed the Axon BWC system and Evidence.com and began refining its product line for police duty well before any other traditional police camera manufacturers. Taser International was the first company to recognize cloud storage as being the most secure and economical method of storing digital evidence and focused its resources on developing Evidence.com. No other manufacturer offers a combination of high quality equipment paired with an evidence storage solution on par with Evidence.com, which offers ease of video uploading, secure City of Chula Vista Page 2 of 4 Printed on 10/30/2014 powered by Leg 2014-11-04 Agenda Packet Page 63 File#: 14-0587, Item#: 5. data storage and ease of data management. Finally, the Police Department has been a client of Taser International for over fourteen years with regard to its other products and the company's record of customer service and high quality equipment has been excellent. Taser International has been adopted as the BWC provider for numerous police agencies including San Diego P.D., Miami Beach P.D., Hayward P.D, Ontario P.D., Anaheim P.D., Fullerton P.D. and many others. Taser International BWCs are currently being evaluated by the Los Angeles Sheriff's Department, the Los Angeles Police Department and the San Bernardino Sheriff's Department, in addition to many other smaller agencies. The Police Department is requesting to waive the competitive formal bid requirement and authorization to enter into a five-year contract with Taser International beginning on December 1 , 2014 to include the purchase of 114 BWCs, requisite docking stations and the data storage and data management services of Evidence.com. The total five-year contract is $501 ,294, including all equipment, warranties, data storage and management costs. In the current fiscal year the total cost is $155,405, which includes the one-time purchase of BWCs and equipment as well as data storage. The first year's startup cost will be "kick started" by $25,000 in private funds raised by the Chula Vista Police Foundation for the specific purpose of starting a police BWC program in Chula Vista. Police Department staff is proud of the public/private partnership that these donations represent and is grateful to our community partners who have committed to this important public safety initiative. The cost breakdown of the five-year contract is as follows: FY 14/15 FY 15/16 FY 16/17 FY 17/18 FY 18/19 -YEAR OTAL Equipment 77,395 77,395 Service & Storage Costs 78,010 92,210 84,560 84,560 84,560 423,898 Total Costs 155,405 92,210 84,560 84,560 P84,560 P501,2 94 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. Staff is not independently aware, nor has staff been informed by any City Councilmember, 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. This resolution supports the goal of Strong and Secure Neighborhoods by equipping personnel with adequate resources for community policing. CURRENT YEAR FISCAL IMPACT City of Chula Vista Page 3 of 4 Printed on 10/30/2014 powered by Leg 2014-11-04 Agenda Packet Page 64 File#: 14-0587, Item#: 5. Approval of this resolution will authorize the Mayor to sign a five-year agreement with Taser International for body worn cameras and digital evidence storage services. The current budget already includes one-time funding from prior year salary savings for the body worn camera program. Because funding has been identified in the current fiscal year, no further appropriations are requested at this time. There is no net fiscal impact approving this resolution. ONGOING FISCAL IMPACT The Police Department has identified one-time funding from prior year salary savings to cover the program costs during the 5-year contract period. Before the contract period ends, the Police Department will coordinate with the Finance Department to sustain the program in subsequent fiscal years. Furthermore, the Police Department believes that the use of body worn cameras will reduce the number of citizen complaints and costly lawsuits about police misconduct. The positive fiscal impact of less complaints and lawsuits can potentially offset the ongoing costs of the BWC program. Appropriations for the ongoing costs related to this program will be considered by the City Council as part of the development of the fiscal year 2016 budget. ATTACHMENTS Attachment 1: Taser Quotation # Q-16108-8 (Agreement) Staff Contact: Vern Sallee City of Chula Vista Page 4 of 4 Printed on 10/30/2014 2014-11-04 Agenda Packet Page 65 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE COMPETITIVE FORMAL BID PROCEDURE AND APPROVING AN AGREEMENT ("TASER QUOTATION") BETWEEN THE CITY AND TASER INTERNATIONAL FOR THE PURCHASE OF BODY WORN CAMERAS, EVIDENCE STORAGE, AND RELATED PRODUCT-SUPPORT SERVICES WHEREAS, since 2010 the Chula Vista Police Department has extensively researched and tested body warn cameras; and WHEREAS, Taser International is an industry leader in manufacturing and supporting ruggedized body worn cameras that are specifically designed for police use; and WHEREAS, Taser International was the first company to recognize cloud storage as the most secure and economical method for storing digital evidence and developed Evidence.com; and WHEREAS, no other manufacturer offers a combination of high quality equipment paired with an evidence storage solution on par with Evidence.com; and WHEREAS, the Police Department recommends contracting with Taser International to provide body worn cameras, cloud-based storage of digital video evidence, and support services to assist with implementation, training and data management; and WHEREAS, the total cost over a five-year contract for 114 body worn cameras, docking stations, data storage and related product-support services is $501,294; and WHEREAS, the Police Department is requesting that the City Council waive the formal competitive bid procedure in Chula Vista Municipal Code Section 2.56.070 because Taser International's unique commodities, services and performance capabilities make them a Sole Source provider pursuant to Section 2.56.070.B.4. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it waives the competitive bid procedure in Chula Vista Municipal Code Section 2.56.070 because Taser International is a Sole Source provider of unique commodities, services and performance capabilities pursuant to Section 2.56.070B.4; and BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it approves the Agreement ("Taser Quotation") between the City and Taser International for the purchase of body worn cameras, evidence storage and related product-support services in the form presented, with such minor modifications as may be required or approved by the City C:\Users\GRANIC—l\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL @4405ADC4\@BCL @4405ADC4.doc 2014-11-04 Agenda Packet Page 66 Resolution No. Page 2 Attorney, a copy of which shall be kept on file in the Office of the City Clerk, and authorizes and directs the Mayor to execute same. Presented by Approved as to form by David Bejarano Glen R. Googins Police Chief City Attorney 2014-11-04 Agenda Packet Page 67 TASER International Protect Truth 17800 N 85th St. Scottsdale, Arizona 85255 United States Phone: (800) 978-2737 "'mr.A. E .. Fax: Vern Sallee Quotation (619) 476-2452 Quote: Q-16108-8 vsallee @chulavistapd.org Date: 9/15/2014 5:36 PM Quote Expiration: 12/1/2014 Contract Start Date*: 1/15/2015 Contract Term: 5 years Bill To: Ship To: Chula Vista Police Dept. - CA Vern Sallee 315 Fourth Avenue Chula Vista Police Dept. - CA Chula Vista, CA 91910 315 Fourth Avenue US Chula Vista, CA 91910 US SALESPERSON PHONE EMAIL DELIVERY METHOD PAYMENT METHOD Chad Kapler 480-341-9539 ckapler @taser.com Fedex-Ground Net 30 Note this will vary based on the shipment date of the product. Due Net 30 QTY ITEM# DESCRIPTION UNIT Total Before DISC($) NET TOTAL PRICE Discount 108 73002 CAMERA SYSTEM,AXON BODY 399.00 USD 43,092.00 USD 10,800.00 USD 32,292.00 108 85069 5 YEAR TASER ASSURANCE PLAN, USD 0.00 USD 0.00 USD 0.00 BODYCAM 18 70026 EVIDENCE.COM DOCK,AXON SIX BAY 1495.00 USD 26,910.00 USD 0.00 USD 26,910.00 18 85094 5 YEAR TASER ASSURANCE PLAN USD 0.00 USD 0.00 USD 0.00 EVIDENCE.COM DOCK HUB 18 85096 5 YEAR TASER ASSURANCE PLAN USD 0.00 USD 0.00 USD 0.00 EVIDENCE.COM DOCK 6 BAY 108 85079 TASER ASSURANCE PLAN ETM/ 36.00 USD 3,888.00 USD 0.00 USD 3,888.00 EVIDENCE.COM DOCK ANNUAL PAYMENT 108 85078 ULTIMATE EVIDENCE.COM ANNUAL 660.00 USD 71,280.00 USD 14,256.00 USD 57,024.00 PAYMENT 2.160 85401 INCLUDED STORAGE,20 GBS PER USD 0.00 USD 0.00 USD 0.00 ULTIMATE LICENSE 4 73002 CAMERA SYSTEM,AXON BODY USD 0.00 USD 0.00 USD 0.00 4 85069 5 YEAR TASER ASSURANCE PLAN, USD 0.00 USD 0.00 USD 0.00 BODYCAM 108 73078 HOLSTER,Z-BRACKET,HW,AXONBODY 29.95 USD 3,234.60 USD 1,616.76 USD 1,617.84 6 73030 CAMERA SYSTEM,AXON FLEX 599.00 USD 3,594.00 USD 3,594.00 USD 0.00 Page 1 of 5 2014-11-04 Agenda Packet Page 68 QTY ITEM# DESCRIPTION UNIT Total Before DISC($) NET TOTAL PRICE Discount 6 73009 COLLAR/VERSATILE/CAP MOUNT,FLEX USD 0.00 USD 0.00 USD 0.00 6 73036 CONTROLLER,HOLSTER,BELT CLIPS, USD 0.00 USD 0.00 USD 0.00 FLEX 6 85053 5 YEAR TASER ASSURANCE PLAN AXON USD 0.00 USD 0.00 USD 0.00 FLEX 1 70026 EVIDENCE.COM DOCK,AXON SIX BAY 1495.00 USD 1,495.00 USD 0.00 USD 1,495.00 1 85096 5 YEAR TASER ASSURANCE PLAN USD 0.00 USD 0.00 USD 0.00 EVIDENCE.COM DOCK 6 BAY 1 85094 5 YEAR TASER ASSURANCE PLAN USD 0.00 USD 0.00 USD 0.00 EVIDENCE.COM DOCK HUB 6 85079 TASER ASSURANCE PLAN ETM/ 36.00 USD 216.00 USD 0.00 USD 216.00 EVIDENCE.COM DOCK ANNUAL PAYMENT 6 85078 ULTIMATE EVIDENCE.COM ANNUAL 660.00 USD 3,960.00 USD 792.00 USD 3,168.00 PAYMENT 120 85401 INCLUDED STORAGE,20 GBS PER USD 0.00 USD 0.00 USD 0.00 ULTIMATE LICENSE 300 85035 EVIDENCE.COM STORAGE 1.50 USD 450.00 USD 0.00 USD 450.00 1 85014 AXON 1-DAY SERVICE 2000.00 USD 2,000.00 USD 0.00 USD 2,000.00 5,400 86000 EVIDENCE.COM ARCHIVAL ANNUAL $0.30/GB USD 1,620.00 USD 0.00 USD 1,620.00 STORAGE per year 19 70033 WALL MOUNT BRACKET,ASSY, 35.00 USD 665.00 USD 0.00 USD 665.00 EVIDENCE.COM DOCK 25 87101 BASIC EVIDENCE.COM LICENSE:YEAR 1 180.00 USD 4,500.00 USD 0.00 USD 4,500.00 PAYMENT 125 85101 INCLUDED STORAGE,5 GBS PER BASIC USD 0.00 USD 0.00 USD 0.00 LICENSE r4O 73092 MOTO G,CONFIGURED,FLEX 199.00 USD 7,960.00 USD 0.00 USD 7,960.00 Due Net 30 Total: USD 174,864.60 Due Net 30 Net Price: USD 143,805.84 Year 2 QTY ITEM# DESCRIPTION UNIT Total Before DISC($) NET TOTAL PRICE Discount 5,400 85035 EVIDENCE.COM STORAGE 1.50 USD 8,100.00 USD 0.00 USD 8,100.00 125 85101 INCLUDED STORAGE,5 GBS PER BASIC USD 0.00 USD 0.00 USD 0.00 LICENSE 25 87201 BASIC EVIDENCE.COM LICENSE:YEAR 2 180.00 USD 4,500.00 USD 0.00 USD 4,500.00 PAYMENT 5,400 85035 EVIDENCE.COM STORAGE 1.50 USD 8,100.00 USD 0.00 USD 8,100.00 5,400 86000 EVIDENCE.COM ARCHIVAL ANNUAL $0.30/GB USD 1,620.00 USD 0.00 USD 1,620.00 STORAGE per year 6 85079 TASER ASSURANCE PLAN ETM/ 36.00 USD 216.00 USD 0.00 USD 216.00 EVIDENCE.COM DOCK ANNUAL PAYMENT 6 85078 ULTIMATE EVIDENCE.COM ANNUAL 660.00 USD 3,960.00 USD 792.00 USD 3,168.00 PAYMENT 120 85401 INCLUDED STORAGE,20 GBS PER USD 0.00 USD 0.00 USD 0.00 ULTIMATE LICENSE Page 2 of 5 2014-11-04 Agenda Packet Page 69 QTY ITEM# DESCRIPTION UNIT Total Before DISC($) NET TOTAL PRICE Discount 300 85035 EVIDENCE.COM STORAGE 1.50 USD 450.00 USD 0.00 USD 450.00 108 85079 TASER ASSURANCE PLAN ETM/ 36.00 USD 3,888.00 USD 0.00 USD 3,888.00 EVIDENCE.COM DOCK ANNUAL PAYMENT 108 85078 ULTIMATE EVIDENCE.COM ANNUAL 660.00 USD 71,280.00 USD 14,256.00 USD 57,024.00 PAYMENT 2.160 85401 INCLUDED STORAGE,20 GBS PER USD 0.00 USD 0.00 USD 0.00 ULTIMATE LICENSE Year 2 Total: USD 102,114.00 Year 2 Net Price: USD 87,066.00 Year 3 QTY ITEM# DESCRIPTION UNIT Total Before DISC($) NET TOTAL PRICE Discount 5,400 85035 EVIDENCE.COM STORAGE 1.50 USD 8,100.00 USD 0.00 USD 8,100.00 125 85101 INCLUDED STORAGE,5 GBS PER BASIC USD 0.00 USD 0.00 USD 0.00 LICENSE 25 87301 BASIC EVIDENCE.COM LICENSE:YEAR 3 180.00 USD 4,500.00 USD 0.00 USD 4,500.00 PAYMENT 6,900 86000 EVIDENCE.COM ARCHIVAL ANNUAL $0.30/GB USD 2,070.00 USD 0.00 USD 2,070.00 STORAGE per year 6 85079 TASER ASSURANCE PLAN ETM/ 36.00 USD 216.00 USD 0.00 USD 216.00 EVIDENCE.COM DOCK ANNUAL PAYMENT 6 85078 ULTIMATE EVIDENCE.COM ANNUAL 660.00 USD 3,960.00 USD 792.00 USD 3,168.00 PAYMENT 120 85401 INCLUDED STORAGE,20 GBS PER USD 0.00 USD 0.00 USD 0.00 ULTIMATE LICENSE 300 85035 EVIDENCE.COM STORAGE 1.50 USD 450.00 USD 0.00 USD 450.00 108 85079 TASER ASSURANCE PLAN ETM/ 36.00 USD 3,888.00 USD 0.00 USD 3,888.00 EVIDENCE.COM DOCK ANNUAL PAYMENT 108 85078 ULTIMATE EVIDENCE.COM ANNUAL 660.00 USD 71,280.00 USD 14,256.00 USD 57,024.00 PAYMENT 2,160 j 85401 INCLUDED STORAGE,20 GBS PER USD 0.00 USD 0.00 USD 0.00 ULTIMATE LICENSE Year 3 Total: USD 94,464.00 Year 3 Net Price: USD 79,416.00 Year 4 QTY ITEM# DESCRIPTION UNIT Total Before DISC($) NET TOTAL PRICE Discount 5,400 85035 EVIDENCE.COM STORAGE 1.50 USD 8,100.00 USD 0.00 USD 8,100.00 125 85101 INCLUDED STORAGE,5 GBS PER BASIC USD 0.00 USD 0.00 USD 0.00 LICENSE 25 87401 BASIC EVIDENCE.COM LICENSE:YEAR 4 180.00 USD 4,500.00 USD 0.00 USD 4,500.00 PAYMENT 6,900 86000 EVIDENCE.COM ARCHIVAL ANNUAL $0.30/GB USD 2,070.00 USD 0.00 USD 2,070.00 STORAGE per year Page 3 of 5 2014-11-04 Agenda Packet Page 70 QTY ITEM# DESCRIPTION UNIT Total Before DISC($) NET TOTAL PRICE Discount 6 85079 TASER ASSURANCE PLAN ETM/ 36.00 USD 216.00 USD 0.00 USD 216.00 EVIDENCE.COM DOCK ANNUAL PAYMENT 6 55078 ULTIMATE EVIDENCE.COM ANNUAL 660.00 USD 3,960.00 USD 792.00 USD 3,168.00 PAYMENT 120 55401 INCLUDED STORAGE,20 GBS PER USD 0.00 USD 0.00 USD 0.00 ULTIMATE LICENSE 300 85035 EVIDENCE.COM STORAGE 1.50 USD 450.00 USD 0.00 USD 450.00 108 85079 TASER ASSURANCE PLAN ETM/ 36.00 USD 3,888.00 USD 0.00 USD 3,888.00 EVIDENCE.COM DOCK ANNUAL PAYMENT 108 85078 ULTIMATE EVIDENCE.COM ANNUAL 660.00 USD 71,280.00 USD 14,256.00 USD 57,024.00 PAYMENT 2,160 85401 INCLUDED STORAGE,20 GBS PER USD 0.00 USD 0.00 USD 0.00 ULTIMATE LICENSE Year 4 Total: USD 94,464.00 Year 4 Net Price: USD 79,416.00 Year 5 QTY ITEM# DESCRIPTION UNIT Total Before DISC($) NET TOTAL PRICE Discount 108 85078 ULTIMATE EVIDENCE.COM ANNUAL 660.00 USD 71,280.00 USD 14,256.00 USD 57,024.00 PAYMENT 125 55101 INCLUDED STORAGE,5 GBS PER BASIC USD 0.00 USD 0.00 USD 0.00 LICENSE 25 57501 BASIC EVIDENCE.COM LICENSE:YEAR 5 180.00 USD 4,500.00 USD 0.00 USD 4,500.00 PAYMENT 6,900 56000 EVIDENCE.COM ARCHIVAL ANNUAL $0.30/GB USD 2,070.00 USD 0.00 USD 2,070.00 STORAGE per year 6 85079 TASER ASSURANCE PLAN ETM/ 36.00 USD 216.00 USD 0.00 USD 216.00 EVIDENCE.COM DOCK ANNUAL PAYMENT 6 85078 ULTIMATE EVIDENCE.COM ANNUAL 660.00 USD 3,960.00 USD 792.00 USD 3,168.00 PAYMENT 120 85401 INCLUDED STORAGE,20 GBS PER USD 0.00 USD 0.00 USD 0.00 ULTIMATE LICENSE 300 85035 EVIDENCE.COM STORAGE 1.50 USD 450.00 USD 0.00 USD 450.00 108 85079 TASER ASSURANCE PLAN ETM/ 36.00 USD 3,888.00 USD 0.00 USD 3,888.00 EVIDENCE.COM DOCK ANNUAL PAYMENT 2,160 85401 INCLUDED STORAGE,20 GBS PER USD 0.00 USD 0.00 USD 0.00 ULTIMATE LICENSE 5,400 85035 EVIDENCE.COM STORAGE 1.50 USD 8,100.00 USD 0.00 USD 8,100.00 Year 5 Total: USD 94,464.00 Year 5 Net Price: USD 79,416.00 Subtotal USD 469,119.84 Estimated Shipping Cost USD 780.34 Estimated Tax USD 31,393.61 Grand Total USD 501,293.79 Page 4 of 5 2014-11-04 Agenda Packet Page 71 Complimentary Evidence.com Tier Upgrade Through 12/31/2014 This quote contains a purchase of either the Basic or Standard Evidence.com license.You will temporarily receive the features available with the Professional license for the Basic and Standard licenses purchased until December 31,2014.This is a free upgrade to your account so you can enjoy all the benefits of our most feature rich license tier.In January 2015 you will be prompted to select which users you would like to go in which tiers.This will have no impact on uploaded data. Pricing for add-on cameras and Ultimate licensing and storage following execution of this contract is valid for 1 year. TASER International, Inc.'s Sales Terms and Conditions for Direct Sales to End User Purchasers By signing this Quote,you are entering into a contract and you certify that you have read and agree to the provisions set forth in this Quote and TASER's current Sales Terms and Conditions for Direct Sales to End User Purchasers or,in the alternative,TASER's current Sales Terms and Conditions for Direct Sales to End User Purchasers for Sales with Financing if your purchase involves financing with TASER.If your purchase includes the TASER Assurance Plan(TAP), then you are also agreeing to TASER's current Sales Terms and Conditions for the AXON F1exTM and AXON BodyTM Cameras TASER Assurance Plan(U.S. Only)and/or Sales Terms and Conditions for the X2/X26P and TASER CAM HD Recorder TASER Assurance Plan(U.S.Only),as applicable to your product purchase.All of the sales terms and conditions,as well as,the TAP terms and conditions are posted at http://www.taser.com/sales-teens-and-conditions.If your purchase includes AXON hardware and/or EVIDENCE.com services you are also agreeing to the terms in the EVIDENCE.com Master Service Agreement posted at hgp://www.taser.com/serviceagreementl4.If your purchase includes Professional Services,you are also agreeing to the terms in the Professional Service Agreement posted at h p://www.taser.com/ima eg s/gMport/downloads/downloads/evidence_materials/Professional_Services_Agreement.pd£You represent that you are lawfully able to enter into contracts and if you are entering into this agreement for an entity,such as the company,municipality,or government agency you work for,you represent to TASER that you have legal authority to bind that entity.If you do not have this authority,do not sign this Quote. Signature: Date: Name(Print): Title: PO#(if needed): Please sign and email to Chad Kapler at ckapler @taser.com or fax to THANK YOU FOR YOUR BUSINESS! `Protect Life'and©are trademarks of TASER International,Inc.,and TASER®is a registered trademark of TASER International,Inc.,registered in the U.S. ©2013 TASER Intemational,Inc.All rights reserved. Page 5 of 5 2014-11-04 Agenda Packet Page 72 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0588, Item#: 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $475,376 FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY AND APPROPRIATING $358,581 TO THE POLICE GRANT FUND FOR THE SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council adopt the resolution. SUMMARY The California Office of Traffic Safety has awarded $475,376 to the Police Department for the Selective Traffic Enforcement Program. The goal of this program is to reduce the number of persons killed and injured in crashes involving alcohol and other primary collision factors. ENVIRONMENTAL REVIEW This proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it has been determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; 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. BOARD/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION The California Office of Traffic Safety's (OTS) mission is to obtain and effectively administer traffic safety grant funds to reduce deaths, injuries and economic losses resulting from traffic related collisions. The Police Department has been awarded various OTS grants, including the Serious Traffic Offenders Program (STOP), Comprehensive Traffic Safety Program, DUI Enforcement Program, and Selective Traffic Enforcement Program (STEP), which all enhanced the Traffic Unit by funding new positions. Additionally, OTS administers mini-grants such as the Sobriety Checkpoint Program and Click It or Ticket, which funds traffic enforcement operations on an overtime basis. The Police Department has received funding from the California Office of Traffic Safety for the Selective Traffic Enforcement Program. Throughout the one-year grant period (10/1/2014 to 9/30/2015), traffic enforcement operations will be conducted on an overtime basis. Grant-funded operations include DUI/driver license checkpoints and DUI saturation patrols to reduce the number of persons killed and injured in alcohol-involved collisions. Warrant service operations will target DUI offenders who fail to appear in court. Distracted driving operations will focus on drivers using hand- held cell phones and texting. Other traffic enforcement operations include primary collision factor violations, motorcycle safety enforcement operations, seatbelt enforcement operations and bicycle City of Chula Vista Page 1 of 2 Printed on 10/30/2014 powered by Leg 2014-11-04 Agenda Packet Page 73 File#: 14-0588, Item#: 6. and pedestrian enforcement operations. Funds provided by this grant will also be utilized for training and the purchases of a portable light tower and checkpoint supplies used during the traffic operations. 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. Staff is not independently aware, nor has staff been informed by any City Councilmember, 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. This resolution supports the goal of Strong and Secure Neighborhoods by proactively addressing traffic safety in the city, with the goal of reducing deaths and injuries in traffic related collisions. CURRENT YEAR FISCAL IMPACT Approval of this resolution will result in the acceptance of $475,376 of grant funding from the California Office of Traffic Safety. Since the grant period crosses between two fiscal years, $358,581 will be appropriated to the fiscal year 2014/2015 budget of the Police Grant Fund and $116,795 will be included in the proposed fiscal year 2015/2016 budget. For the current fiscal year, $345,884 will be appropriated to the personnel category and $12,697 will be appropriated to the supplies and services category. The funding from the California Office of Traffic Safety will completely offset the costs of the Selective Traffic Enforcement Program, resulting in no net fiscal impact. ONGOING FISCAL IMPACT There is no ongoing fiscal impact for accepting these grant funds. ATTACHMENTS None. Staff Contact: Jonathan Alegre City of Chula Vista Page 2 of 2 Printed on 10/30/2014 2014-11-04 Agenda Packet Page 74 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $475,376 FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY AND APPROPRIATING $358,581 TO THE POLICE GRANT FUND FOR THE SELECTIVE TRAFFIC ENFORCEMENT PROGRAM WHEREAS, the Police Department has been awarded $475,376 grant funding from the California Office of Traffic Safety for the Selective Traffic Enforcement Program; and WHEREAS, the goal of the Selective Traffic Enforcement Program is to reduce the number of persons killed and injured in crashes involving alcohol and other primary collision factors; and WHEREAS, throughout the one-year grant period of October 1, 2014 to September 30, 2015, DUI/driver license checkpoints, DUI saturation patrols, warrant service operations, distracted driving operations and other traffic enforcement operations will be conducted on an overtime basis; and WHEREAS, funds provided by this grant will also be utilized for training and the purchases of a portable light tower and checkpoint supplies used during the traffic operations; and WHEREAS, the grant funds provided by the California Office of Traffic Safety will completely offset the total costs of this program. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby accept $475,376 from the California Office of Traffic Safety, appropriates $345,884 to the personnel services category and $12,697 to the supplies and services category of the Police Grant Fund to be offset by grant revenue for the Selective Traffic Enforcement Program. Presented by: Approved as to form by: David Bejarano Glen R. Googins Police Chief City Attorney 2014-11-04 Agenda Packet Page 75 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0598, Item#: 7. QUARTERLY FINANCIAL REPORT FOR THE QUARTER ENDING SEPTEMBER 30, 2014 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE FISCAL YEAR 2014/15 BUDGET TO ADJUST FOR VARIANCES, AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council accept the report and adopt the resolution. SUMMARY The Finance Department prepares quarterly financial reports for the General Fund that reflect budget to actual comparisons, projected revenues and expenditures, and highlight major variances that may require additional action or changes. The quarterly financial reports are in compliance with Section 504 (f) of the City Charter, which requires that quarterly financial reports be filed by the Director of Finance through the City Manager. In preparing the quarterly financial projections, staff has identified various budget changes that are needed to better reflect actual revenues and expenditures or address changes in budgetary needs. For government entities, a budget creates a legal framework for spending during the fiscal year. After the budget is approved there are circumstances, which arise that could require adjustments to the approved budget. Council Policy 220-02 "Financial Reporting and Transfer Authority" was established in January of 1996 and allows for budget transfers to be completed. This report discusses budget adjustments that staff recommends in the General Fund as well as various other funds. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that filing of the quarterly financial status report 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. BOARD/COMMISSION RECOMMENDATION Not applicable. DISCUSSION The Finance Department prepares quarterly financial reports for the General Fund that reflect budget City of Chula Vista Page 1 of 11 Printed on 10/31/2014 powered by Leg 2014-11-04 Agenda Packet Page 76 File#: 14-0598, Item#: 7. to actual comparisons, projected revenues and expenditures, and highlight major variances that may require additional action or changes. The quarterly financial reports are in compliance with Section 504 (f) of the City Charter, which requires that quarterly financial reports be filed by the Director of Finance through the City Manager. Attachment A - Quarterly Financial Report provides the financial outlook for the General Fund for the current fiscal year and includes summary information for revenues and expenditures. The following chart summarizes the projections for the first quarter of fiscal year 2014/15 for the City's General Fund. The amended budget column includes all Council approved changes to the fiscal year 2014/15 adopted budget that have taken place through the end of the first quarter ending September 30, 2014. The projected column lists the fiscal year 2014/15 projections for revenues and expenditures as of June 30, 2015. The following table reflects the unaudited General Fund reserves as of June 30, 2014 as well as the projected General Fund reserves for June 30, 2015. General Fund Summary Adopted Amended Drojected General Fund Reserve Budget Budget millions) Reserves -July 1, 2014 (unaudited) $12.73 $12.73 $12.73 Revenues &Transfers In' $134.53 $135.67 136.51 Expenditures &Transfers Out2 ($134.53) ($134.73) $135.47) Pending Appropriations 3 $0.00 $0.00 ($0.96) Projected Surplus/Deficit $0.00 $0.94 $0.09 Projected Fund Balance for $12.73 $13.67 $12.82 June 30, 2015 Percentage of Operating Budget 9.46% 10.15% 9.46% Notes: 1. The City Council Adopted budget was balanced and did not project an increase in fund balance for the General Fund. The Projected surplus reflected in the Amended Budget is a result of a greater than anticipated increase in assessed values. After the adoption of the budget, the City received revised assessed values, which increased the projected amount for Property Tax and Vehicle License Fee revenues. These revenues were recognized by the City Council as part of a mid-year budget amendment. 2. The Amended Budget and projections reflected in this table do not include prior year appropriations for capital improvement projects and other encumbrances totaling $3.7 million that were carried forward into the fiscal year 2014/15 budget. These expenditure impacts are already reflected in the estimated fund balance as of July 1, 2014 and are therefore not included in the above table. 3. Pending appropriations are primarily for anticipated personnel cost increases related to negotiated wage settlements reached with the International Association of Firefighters (IAFF) and the Chula Vista Police Officers Association (CVPOA). The City's financial outlook appears stable through the end of the first quarter. Although staff is City of Chula Vista Page 2 of 11 Printed on 10/31/2014 2014-11-04 Agenda Packet Page 77 File#: 14-0598, Item#: 7. projecting fiscal year-end variances in both revenues and expenditures, the variances are offsetting and are not anticipated to negatively impact the City's projected year-end fund balance. Based on activity through the end of the first quarter, the General Fund is projected to end the fiscal year with a small increase in fund balance ($0.09 million). Overall, General Fund revenues are projected to increase by $0.84 million above the current amended budget. This increase is due to improved Franchise Fee and Transient Occupancy Tax revenues that are projected to increase by a combined $1.45 million over the current budgeted level. This increase is partially offset by a projected decrease of $0.49 million in Sales Tax and Sales Tax in Lieu revenues that have been revised to grow at 2% versus the 4% growth rate that was assumed in the budget. Staff is projecting $0.74 million in overages for General Fund Departments based on expenditure trends that consist of the following: • A $400,000 increase in the Public Works utilities budget for water costs at City parks based on the previous fiscal year's actual water expenses, projected rate increases, and continuation of drought conditions. • A $300,000 reduction in salary savings in the Non-Departmental budget based on lower than anticipated turnover rate. • A $24,000 increase in utility expenses in the Non-Departmental budget for utility costs at the City owned property on Bay Boulevard. • A $15,000 increase in the City Clerk Department for election related expenses. Staff is recommending budget amendments in order to address these issues. The fiscal impact of these changes is reflected on the General Fund Summary table include on the previous page. The first quarter expenditure projection also reflects $0.96 million in pending appropriations of which $0.82 million are for anticipated personnel costs related to negotiated wage settlements reached with the IAFF and CVPOA. The CVPOA MOU and associated budget appropriations are scheduled for Council consideration in November 2014. The IAFF MOU and associated budget appropriations will be brought to Council by year end. While these appropriations were not made in the First Quarter, they are included in this report to more accurately reflect where staff anticipates ending the fiscal year. The balance of the pending appropriations are for City Clerk clerical support costs, continuation and expansion of the citywide LEAN training program, and the City's cost share for maintenance of the Otay Valley Regional Park. With the exception of the appropriations for the MOU agreements, these budget amendments are discussed in the following section. Staff is recommending budget amendments in the Library, Non-Departmental, Animal Care Facility, City Clerk, Fire, Public Works and Recreation departments. These changes result in no net fiscal impact to the General Fund. City of Chula Vista Page 3 of 11 Printed on 10/31/2014 powered by Leg 2014-11-04 Agenda Packet Page 78 File#: 14-0598, Item#: 7. Library - The Library has received donations and grants from various sources that include the Chula Vista Public Library Foundation ($50,000), the Friends of the Library ($15,000) and Target Corporation ($2,000). The donations from the Chula Vista Public Library Foundation and the Friends of the Library will be used to purchase furnishings and pay for renovations at the new Otay Ranch community space known as the "The Hub". The grant from Target Corporation will be used to continue the Kindergarten Boot Camp program at the South Chula Vista Branch Library. Staff is requesting that $66,040 be appropriated to the Supplies and Services budget and that $960 be appropriated to the Personnel Services category of the Library Department budget; these appropriations will be fully offset by unanticipated revenue. Non-Departmental/Various - The fiscal year 2014/15 budget includes $1.4 million in budgeted salary savings in the Non-Departmental budget. These savings are actually realized in the department budgets as turnover occurs. Due to lower than anticipated turnover and the departments' requests to fill positions as they become vacant, staff is recommending a number of adjustments to the salary savings budget. 1. The City continues to offer a voluntary furlough program where staff can elect to take a week of unpaid leave. In the current fiscal year, this program will generate approximately $150,110 in salary savings in various departments. Staff recommends reducing the budgeted salary savings in the Non Departmental budget and recognizing the salary savings in the department budgets generated by the voluntary furlough program. There is no net fiscal impact to the General Fund as a result of this change. 2. The fiscal year 2014/15 budget assumed a 10% increase in medical and dental insurance premiums. Actual premiums were lower than anticipated, resulting in a budget savings of approximately $130,134. Staff recommends recognizing the projected savings in health/flex benefits in the various department budgets and reducing the budgeted salary savings in the Non-Departmental budget by the same amount. There is no net fiscal impact to the General Fund as a result of this change. 3. Finally, staff recommends an additional reduction of $300,000 in budgeted salary savings in the Non-Departmental budget based on unanticipated revenues previously recognized by the City Council. These changes combined will reduce the amount of budgeted salary savings in the Non-Departmental budget to $798,800; this reduction will allow the City to continue to fill positions as they become vacant and minimize service delivery impacts as a result of turnover. Non-Departmental - Staff is requesting an appropriation of $24,000 to the Non-Departmental Utilities budget to pay for utilities for the City's property located on Bay Blvd. These expenses were inadvertently excluded from the adopted budget. This appropriation will be offset by unanticipated revenues previously recognized by the City Council. Administration - The City of Chula Vista and the US Olympic Committee (USOC) have entered into a joint agreement to explore the transfer of ownership and operations of the Chula Vista Olympic Training Center to the City of Chula Vista. The agreement includes the use of consultant JMI Sports to assist in evaluating operating models. The cost of the consultant is shared between the City and the USOC. The City's maximum share of the consultant cost is $35,000. Funding for this cost will be City of Chula Vista Page 4 of 11 Printed on 10/31/2014 2014-11-04 Agenda Packet Page 79 File#: 14-0598, Item#: 7. offset by salary savings in the Administration Department budget. $15,000 has already been transferred for this purpose; staff is requesting that the remaining $20,000 be transferred from the Administration Personnel Services budget to the Supplies and Services budget for costs related to consultant costs for the Olympic Training Center analysis. In addition, staff is also requesting a $40,000 appropriation for the Continuous Improvement (Lean) program for training for City employees. The appropriation will be used to hire an instructor to continue to provide City employees training in the Lean Certificate program and also expand training opportunities by offering a Lean primer to City employees. This appropriation will be offset by unanticipated revenues. Animal Care Facility - In December 2012, the County of San Diego Animal Services contracted with the Chula Vista Animal Care Facility (CVACF) to perform two spay and neuter clinics at their County Animal Shelters. In July 2014, the County of San Diego notified CVACF that they will be adding two more clinics a month effective immediately. The additional revenues will be used to pay for medical supplies and hourly wages. Staff is requesting an appropriation of$34,000 to the Personnel Services and $8,000 to the Supplies and Services categories of the Animal Care Facility, which will be fully offset by additional County revenues. City Clerk - The fiscal year 2015 budget includes $219,000 for the November elections for the cost of two propositions and the Mayor, City Council and City Attorney elections. This budget was established based on a preliminary estimate received from the San Diego County Registrar of Voters. Based on the most recent cost estimate, staff is recommending an appropriation of $15,000 to the City Clerk's Services and Supplies budget for the costs associated with the November election. This appropriation will be offset by unanticipated revenues. In addition, an appropriation of$20,000 to the Personnel Services budget of the City Clerk's Office is also requested to fund hourly wages. The addition of an hourly wages budget will allow the City Clerk to hire clerical support for the balance of the current fiscal year. The department will continue to evaluate the need for this position and will make a recommendation on the continuation of funding for clerical support as part of the development of the fiscal year 2015/16 budget. The appropriation of$20,000 will be offset by unanticipated revenues. Fire - The Fire Department is requesting a number of budget amendments that result in no net fiscal impact to the Department's budget. These changes are described below: • The Fire Department received a grant from SDG&E in the amount of $2,500 to support the Fire Department's Community Emergency Response Team (CERT) Program. These funds will be used for expenses related to the training of CERT Volunteers. Staff is requesting that the City Council accept the $2,500 donation from SDG&E and appropriate these funds to the Department's Supplies and Services expense category. • The Fire Department received a contribution from Las Primeras volunteer organization in the amount of $1 ,000 to support the City's Citizen's Adversity Support Team (CAST) volunteer program. These funds will be used to help with the purchase of training materials, booklets, printing needs, hotel costs, and other needs as required by the CAST volunteer program. Staff City of Chula Vista Page 5 of 11 Printed on 10/31/2014 powered by Le c 2014-11-04 Agenda Packet �Page 80 File#: 14-0598, Item#: 7. is requesting that the City Council accept the $1 ,000 donation from Las Primeras and appropriate these funds to the Department's Services and Supplies expense category. • The Fire Department's Training Division offers specialized training classes to other agencies. From August 13 through September 19, 2014, the Training Division provided a total of four training sections to two different agencies and received a total of $23,040 in unanticipated revenue. These funds will be used to offset costs related to the provision of training. Staff is requesting to appropriate these revenues to offset appropriation of $2,330 to Personnel Services and $20,710 to Services and Supplies. • Staff is requesting a transfer of $16,800 from the Utilities Expense Category to the Services and Supplies Expense Category to cover costs associated with the data lines provided to the Fire Stations. These costs were included in the Utilities budget but it was subsequently determined that these costs should be paid from Supplies and Services. • Staff is requesting an appropriation of $23,580 in Personnel Services to offset FLSA premium pay related to the Advance Life Support (ALS) program. This expense will be offset by a Transfer In from the Advance Life Support Program Fund in the amount of$23,580. Public Works - Based on fiscal year 2014 actuals and expenditures through the first quarter, the Public Works Department is projected to exceed their budget for water expenses by approximately $400,000. This overage reflects an increase in water rates and in water usage as a result of the drought conditions. The Public Works budget includes the water costs for City parks. Staff is recommending an appropriation of $400,000 to the Utilities expenses budget to address this projected overage. The Public Works Department has received $4,541 in unanticipated revenue from San Diego Gas & Electric's Business Energy Efficiency Incentive Program as a result of recent HVAC upgrades at the South Library. Staff is requesting to appropriate this revenue to the Supplies and Services expense category in the Public Works budget. These funds will be used to repair an inoperable solar photovoltaic (pv) inverter at the Living Coast Discovery Center. The new inverter will ensure that the Center's 6 kW renewable energy system is working at full capacity and helping to offset the facility's monthly utility costs, which are paid for by the City. The Public Works Department has also received $300 in donations to support the re-printing of the popular Bike Chula Vista map and resource guide. This donation will be appropriated to the Supplies and Service expense category of the Public Works Department budget for this purpose. Recreation - Staff is recommending an appropriation of $81 ,510 to the Recreation Department's Other Expenses budget category to pay the City and County of San Diego for management of the Otay Valley Regional Park. In addition to the General Fund changes requested above, staff is also recommending a number of City of Chula Vista Page 6 of 11 Printed on 10/31/2014 powered by Leg 2014-11-04 Agenda Packet Page 81 File#: 14-0598, Item#: 7. changes to other funds. These changes are as follows: Police Grants Fund - Staff is requesting a reduction of $151,813 in Personnel Services and a $20,000 reduction in Supplies and Services in the Public Safety Realignment Program budgeted in the Police Grants Fund. A revenue reduction of $117,558 from Revenues from Other Agencies is also requested. These adjustments are necessary in order to align revenues and expenditures to the available balance available within this program. Federal Grants Fund - Staff is requesting a transfer from the Supplies and Services category of $131,415 to the Other Expenses category for the University Park & Research Center grant budget. The fiscal year 2015 budget included funding for contractual services (Supplies and Services); since the adoption of the budget, staff has determined that the project work will be performed through a combination of consultant's and City Staff. In order to reimburse City staff time spent on this project, a transfer is needed add a budget for City Staff Charges (Other Expenses). Staff is also requesting a revenue offset appropriation of $18,156 to the Other Expenses budget in order to fund the staff time. This additional appropriation will allow the City to fully expend available grant resources. State Grants Fund - An appropriation of $14,116 to Supplies and Services in the States Grant Fund for Mobile Recreation Program is requested. This appropriation is funded by revenues that were received from the California Parks and Recreation Department to support the City's Mobile Recreation Program. In addition, the Library Department has received $15,000 in State grant funding to support the Literacy Program. The purpose of the grant from the California State Library, through the California Library Literacy Services, is to support adult literacy services in a library setting. This enables the library to continue to provide literacy services in the Educational Services Wing at the South Chula Vista Library in partnership with a volunteer literacy organization, Laubach Literacy Council. The Library Department is requesting to appropriate these funds to the Personnel Services expenditure category to fund hourly staff for the Literacy program. There is no net fiscal impact as a result of these appropriations. Otay Ranch Preserve - A revenue reduction of $200,000 in the Other Revenues category of the Otay Ranch Preserve fund is requested in order to balance budgeted expenditures and revenues. This reduction was inadvertently left out of the fiscal year 2014/15 budget. The revenue reduction should have accompanied a $200,000 expenditure reduction that was a late amendment to the proposed budget and subsequently was approved by Council as part of the adoption of the fiscal year 2014/15 budget. There is no actual fiscal impact as a result of this change. Equipment Replacement Fund - A $21,727 appropriation to the Capital expenditures category of the Vehicle Equipment Replacement Fund is requested for the purchase of a replacement police motorcycle. This purchase will be funded from insurance revenue that was recovered by the City as a result of a motor officer involved traffic collision. This revenue was received in the prior fiscal year; therefore, this appropriation will be made from the available fund balance of the Equipment Replacement Fund. DECISION-MAKER CONFLICT City of Chula Vista Page 7 of 11 Printed on 10/31/2014 2014-11-04 Agenda Packet Page 82 File#: 14-0598, Item#: 7. Each decision contemplated by this action either: (i) is not site specific; or (ii) is ministerial, secretarial, manual, or clerical in nature, thus, not requiring the members to make or participate in making a governmental decision, pursuant to California Code of Regulations Title 2, section 18702.4 (a). Consequently, these decisions do not present conflicts under the Political Reform Act (Cal. Gov't Code § 87100, et seq.) Staff is not independently aware, nor has staff been informed by any City Councilmember, 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. This action supports the Operational Excellence goal by communicating the City's projected financial position for the current fiscal year in an open and transparent manner. This transparency supports City Initiative 1.3.1. - "Foster public trust through an open and ethical government." CURRENT YEAR FISCAL IMPACT There is no fiscal impact resulting from accepting the Quarterly Financial Report. General Fund Approval of the resolution amending the fiscal year 2014/15 budget will result in the following appropriations. The resulting fiscal impacts to various funds are also listed in the following table: Summary of Budget Appropriations and Amendments by Department DEPT/FUND DESCRIPTION EXPENSE REVENUE NET GENERALFUND City Clerk City Clerk Additional Election Expenses $15,000 $0 $15,000 City Clerk Hourly Wages $20,000 $0 $20,000 Administration Administration Continuous Improvement Program $40,000 $0 $40,000 Administration Olympic Trng.Ctr.Consultant $0 $0 0 Agreement Non-Departmental Utilities for City property at Bay Blvd. $24,000 $0 $24,000 Salary Savings Reduction $300,000 $0 $300,000 Non-Departmental/Various*(see table Flexible Benefit&Work Furlough Savings Salary $0 $0 0 below) Adjustments Animal Care Facility Animal Care Facility Clinic Contract $42,000 $42,000 0 Fire FLSA Premium Pay for ALS Program $23,580 $23,580 0 Fire Las Primeras Donation $1,000 $1,000 0 Fire SDG&E Grant $2,500 $2,500 0 Training Reimbursement Revenue appropriations $23,040 $23,040 0 Utilities transfer to Services and Supplies $0 $0 0 Public Works Donation for Bike Chula Vista Map $300 $300 0 Public Works Water Increase for Park Maintenance $400,000 $0 $400,000 Nature Center Equipment Repair $4,541 $4,541 0 Recreation Otay Valley Regional Park Management City Cost $81,510 $0 $81,510 Share Library Library Donations and Grants $67,000 $67,000 0 City of Chula Vista Page 8 of 11 Printed on 10/31/2014 2014-11-04 Agenda Packet Page 83 File#: 14-0598, Item#: 7. TOTAL GENERAL FUND $1,044,471 $163,961 $880,510 As part of the proposed budget amendments, staff is recommending reducing the personnel services budget of all departments to account for the savings from the voluntary furlough and the health/flex benefits. These reductions will offset a reduction in budgeted salary savings in the Non Departmental budget. These changes are reflected on the following table. Summary of Changes to Departmental Personnel Service Budgets - Flexible Benefits and Work Furlough Salary Adjustments DEPARTMENT ADJUSTMENT City Council $3,280) City Clerk $618) City Attorney $16,742) Administration $5,626) Information Technology Srvcs $3,675) Human Resources $2,900) Finance $5,657) Non-Departmental 280,244 Animal Care Facility $1,937) Planning&Building Services $13,280) Police $107,700) Fire $23,121) Public Works $84,204) Recreation $9,425) Library $2,079) TOTAL $ Net Impact - The changes in the General Fund will result in a negative impact of approximately $0.9 million, these appropriations will be offset by discretionary revenues recognized by a previous Council approved budget amendment. With these changes budgeted General Fund revenues will exceed budgeted expenditures by approximately $62,000. Essentially, the General Fund remains balanced. The following table reflects these changes Description Revenues Expenditures Difference Adopted Budget $ 134,536,744 $ 134,536,744 $ - Council Approved Budget Amendments $ 1,136,939 $ 194,361 $ 942,578 Amended Budget as of 9/30 $ 135,673,683 $ 134,731,105 $ 942,578 Proposed Budget Amendments $ 163,961 $ 1,044,471 $ (880,510) City of Chula Vista Page 9 of 11 Printed on 10/31/2014 powered by Leg 2014-11-04 Agenda Packet Page 84 File#: 14-0598, Item#: 7. Updated Amended Budget $ 135,837,644 $ 135,775,576 $ 62,068 Other Funds Approval of the resolution amending the fiscal year 2014/15 budget will result in the following appropriations. The resulting fiscal impacts to various funds are also listed in the following table: OTHER FUNDS DESCRIPTION EXPENSE REVENUE NET Advanced Life Support Program Defibrillator Operating Supplies $8,615 $0 $8,615 FLSA Premium Pay for ALS Program $23,580 $0 $23,580 Paramedic Training Overtime Costs $148,968 $0 $148,968 Police Dept Grants Fund Budget Reduction -$171,813 -$117,558 -$54,255 Federal Grants Fund Federal Grants Fund Univ.Park Research Project $18,156 $18,156 $0 city staff services State Grants Fund State Funding for Literacy Program $15,000 $15,000 $0 Appropriations for Mobile Recreation Program $14,116 $14,116 $0 EM PG Grant Adjustment $1,173 $1,173 $0 Otay Ranch Preserve Otay Ranch Preserve Rev.Adj. $0 -$200,000 $200,000 Equipment Replacement Police Motorcycle Purchase $21,727 $0 $21,727 TOTAL OTHER FUNDS $79,522 -$269,113 $348,635 There is no net fiscal impact to the following funds: State Grants Fund, Federal Grants Fund, and the Otay Ranch Preserve Fund. Projected impacts to the remaining funds are as follows: • The amendments in the Police Grants fund reduce the budget for the Public Safety Realignment Program in order to align the budget with available grant funds. These changes will result in a balanced budget for this grant resulting in no net fiscal impact. • The appropriation of $21,727 in the Equipment Replacement Fund will be made from the available fund balance of this fund. • The appropriation of $181,163 in the Advance Life Support Fund will be made from the available fund balance of this fund. ONGOING FISCAL IMPACT Staff will continue to monitor and analyze revenue and expenditure trends and incorporate changes as necessary into future financial reports and/or budgets. City of Chula Vista Page 10 of 11 Printed on 10/31/2014 2014-11-04 Agenda Packet Page 85 File#: 14-0598, Item#: 7. ATTACHMENT 1. First Quarter Financial Report Staff Contact:Angelica Aguilar, Finance Department City of Chula Vista Page 11 of 11 Printed on 10/31/2014 2014-11-04 Agenda Packet Page 86 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE FISCAL YEAR 2014/15 BUDGET TO ADJUST FOR VARIANCES AND APPROPRIATING FUNDS THEREFOR WHEREAS, the City Charter states that at any meeting after the adoption of the budget, the City Council may amend or supplement the budget by motion adopted by the affirmative votes of at least four members; and WHEREAS, staff has completed the budget review for the quarter ending September 30, 2014 and is recommending a number of budget amendments; and WHEREAS, staff is recommending approximately $1.0 million in new appropriations to various departments in the General Fund that will be partially offset by $0.2 million in new revenues. The remaining balance will be offset by discretionary revenues recognized though a previous Council-approved budget amendment; and WHEREAS, the appropriations to the State Grants fund and the Federal Grants fund are revenue offset resulting in no net fiscal impact to these funds; and WHEREAS, the budget amendments in the Police Grants fund reduce the budget for the Public Safety Realignment Program in order to align the budget with available grant funds; and WHEREAS, the appropriation of$21,727 in the Equipment Replacement Fund is needed to replace a damaged motorcycle, this appropriation will be made from the available fund balance of this fund; and WHEREAS, the $200,000 reduction in budgeted revenues in the Otay Ranch Preserve Fund corrects an administrative error in the budget and does not result in an actual fiscal impact to this fund; and WHEREAS, an appropriation of $181,163 will be made to the Advance Life Support Fund for Personnel Services costs and Supplies and Services related to defibrillator equipment operation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it amends the fiscal year 2014/15 budget and approves the following appropriations: 2014-11-04 Agenda Packet Page 87 MRSONN11 SUPPLIES& OTHER Transfers TOTAL TOTAL PEPARTIVIENT/FUND ERVICES SERVICES EXPENSES CAPITAL Out UTILITIES EXPENSE REVENUE NETCOST City Council $ (3,280) $ - $ $ $ $ (3,280) $ $ (3,280) City Clerk $ 19,382 $ 15,000 $ $ $ $ 34,382 $ $ 34,382 City Attorney $ (16,742) $ - $ $ $ $ (16,742) $ $ (16,742) Administration $ (25,626) $ 60,000 $ $ $ $ 34,374 $ $ 34,374 Information Technology Srvcs $ (3,675) $ - $ $ $ $ (3,675) $ $ (3,675) Human Resources $ (2,900) $ $ $ $ $ (2,900) $ $ (2,900) Finance $ (5,657) $ $ $ $ $ (5,657) $ $ (5,657) Non-Departmental $ 580,244 $ $ $ $ 24,000 $ 604,244 $ $ 604,244 Animal Care Facility $ 32,063 $ 8,000 $ $ $ - $ 40,063 $ 42,000 $ (1,937) Planning&Building Services $ (13,280) $ - $ $ $ $ (13,280) $ - $ (13,280) Police $(107,700) $ - $ $ $ $ (107,700) $ - $ (107,700) Fire $ 2,789 $ 7,410 $ $ $ 16,800 $ 26,999 $ 50,120 $ (23,121) Public Works $ (84,204) $ 4,841 $ $ $400,000 $ 320,637 $ 4,841 $ 315,796 Recreation $ (9,425) $ - $ 81,510 $ $ - $ 72,085 $ - $ 72,085 Library $ (1,119) $ 66,040 $ - $ $ - $ 64,921 $ 67,000 $ (2,079) TOTAL GENERAL FUND $ 360,870 $ 161,291 $ 81,510 $ $440,800 $1,044,471 $ 163,961 $ 880,510 OTHER FUNDS Advance Life Support Fund $ 148,968 $ 8,615 $ - $ $23,580 $ - $ 181,163 $ - $ 181,163 Police Dept Grants Fund $(151,813) $ (20,000) $ - $ $ $ (171,813) $(117,558) $ (54,255) Federal Grants Fund $ 1,173 $(131,415) $149,571 $ $ $ 19,329 $ 19,329 $ State Grants Fund $ 15,000 $ 14,116 $ - $ $ $ 29,116 $ 29,116 $ Otay Ranch Preserve $ - $ - $ $ $ $ - $(200,000) $ 200,000 Equipment Veh Replacement Fnd $ - $ - $ $21,727 $ $ 21,727 $ - $ 21,727 TOTAL OTHER FUNDS $ 13,328 1 $ 128,684 $149,571 1 $21,727 1 $23,580 1 $ $ 79,522 $ 269,113 $ 348,635 TOTAL BUDGET AMENDMENTS $ 374,198 1 $ 32,607 1 $231,081 1 $21,727 1 $23,580 1 $440,800 $1,123,993 $(105,152) $1,229,145 Presented by Approved as to form by Maria Kachadoorian Glen R. Googins Deputy City Manager City Attorney 2014-11-04 Agenda Packet Page 88 Quarterly Financial Report First Quarter Ending September 30, 2014 CITY OF Prepared-October 2014 OVERVIEW This financial report summarizes the City's General The San Diego Forecast - The USD Burnham-Moores Fund financial position for fiscal year 2015 through Center for Real Estate's Index of Leading Economic September 30, 2014 and projecting out to June 30, Indicators for San Diego County rose 0.3 percent in 2015. The purpose of this report is to provide the City August. Four of the six components of the San Diego Council, Management and the citizens of Chula Vista Economic index were up during the month, with initial an update on the City's fiscal status based on the most claims for unemployment insurance and consumer recent financial information. confidence sharply positive and help wanted advertising ECONOMIC UPDATE and the outlook for the national economy up modestly. On the downside, there was a big drop in residential The National Forecast - In the September 2014 report, units authorized by building permits and a very small Senior Economist David Shulman of the UCLA decline in local stock prices. Anderson Forecast predicts inflation at 2 percent or higher over the next two years, driven primarily by August's increase was the sixth gain in the USD Index in rising residential rents and increasing health care the first eight months of 2014. The Index started the costs. The Federal Reserve Board could raise rates by year strongly, had two bad months in the spring, and has March 2015, in response to declining unemployment now increased for three consecutive months. The and rising inflation. The sectors expected to fuel the August report also cites that the national index of leading nation's economic growth include housing, economic indicators has been up in every month of nonresidential construction and investment in 2014, which forecasts continued growth in the national equipment and software. Citing the rise of Islamic State economy. The outlook is for continued solid growth in of Iraq and the Levant (ISIL) in the Middle East, and San Diego's economy at least through the first half of the presence of Russian troops in Ukraine, Shulman 2015. The local economy has done well so far this year, deviates from previous forecast by estimating that an with the county on a pace to add almost 31,000 jobs. If additional $24.0 billion dollars in defense spending that pace continues, it would be the third consecutive through 2016 will take place. year with an increase of more than 30,000 jobs. The last z time that happened was during the period 1997 - 2000, The California Forecast - In the California forecast, which was the "Golden Age" of job growth in San Diego. Senior Economist Jerry Nickelsburg's writes "The California economy is moving forward in an expansion San Diego Index of Leading Economic Indicators from the depths of the Great Recession. But, even San Diego County, 2009 -2014 though the number of jobs is now higher than any time in the past, the state remains below its potential in 135 output and employment. That we are entering the sixth year of expansion illustrates just how painfully plodding 130 this recovery process has been." The current forecast accounts for two countervailing forces that will be 125 affecting the California economy: the U.S. economy is growing stronger, while the world economy is expected 120 to be weaker. The result is a forecast that is only slightly stronger than that released in June. New home 115 starts are expected to increase by 5 percent in California and nationwide. Job growth for 2016 is 110 forecasted at 3 percent in California, rising more quickly than growth in the nation. California, 105 employment growth is forecast to be 2.4 percent in 2015 and 2.2 percent in 2016, which will drive down loo the unemployment rate to 5.7 percent by 2016, just 0.3 percent higher than the U.S. rate. 3Source: University of San Diego School of Business 'Source: UCLA Anderson Forecast, September 2014 Administration, USD Index of Leading Economic 2Source: UCLA Anderson Forecast, September 2014 Indicators, September 2014; retrieved from URL: http://home.sandiego.edu/-agin/usdlei/index.html 2014-11-04 Agenda Packet Page 89 QUARTERLY FINANCIAL REPORT FISCAL YEAR 2015: FIRST QUARTER Page 2 of 7 GENERAL FUND SUMMARY fiscal year-end variances in both revenues and expenditures, the variances are offsetting and are not General Fund Reserves - The General Fund Reserve anticipated to negatively impact the City's projected policy was established to ensure that the City's year-end fund balance. Based on activity through the finances are managed in a manner which will: end of the first quarter, the General Fund is projected to 1. Continue to provide for the delivery of quality end the fiscal year with a small increase in fund balance services ($0.09 million). Overall, General Fund revenues are 2. Maintain and enhance service delivery as the projected to increase by $0.84 million above the current community grows in accordance with the General amended budget. This increase is due to improved Plan Franchise Fee and Transient Occupancy Tax revenues 3. Minimize or eliminate the need to raise taxes and that are projected to increase by a combined $1.45 fees because of temporary revenue shortfalls million over the current budgeted level. This increase is 4. Establish the reserves necessary to meet known offset by a projected decrease of $0.49 million in Sales and unknown future obligations and ability to Tax and Sales Tax in Lieu revenues that have been respond to unexpected opportunities. revised to grow at 2% versus the 4% growth rate that was assumed in the budget. A $0.12 million short-fall in The following table reflects the unaudited General Other Revenues is projected due to a Sewer Fund Fund reserves as of June 30, 2014 as well as the reimbursement that will not realized by the General projected General Fund reserves for June 30, 2015. Fund. - Staff is projecting $0.74 million in overages for General Fund Departments based on year to date expenditure Reserves -July 1,2014 (unaudited) $12.73 $12.73 trends that consist of the following: Revenues &Transfers In' $135.67 $136.51 A$400,000 increase in the Public Works utilities Expenditures &Transfers Out2 ($134.73) ($135.47) budget for water costs at City parks based on Pending Appropriations 3 ($0.96) the previous fiscal year's actual water expenses, projected rate increases, and continuation of Projected Surplus/Deficit $0.94 $0.09 drought conditions. Projected Fund Balance for June 30,2015 $13.67 $12.82 • A $300,000 reduction in salary savings in the Non-Departmental budget based on lower than Percentage of Operating Budget 10.15% 9.46% anticipated turnover rate. Notes: • A $24,000 increase in utility expenses in the 1. The City Council Adopted budget was balanced and did not Non-Departmental budget for utility costs at the project an increase in fund balance for the General Fund. The Projected surplus reflected in the Amended Budget is a result of City owned property on Bay Boulevard. a greater than anticipated increase in assessed values. After the adoption of the budget, the City received revised assessed A$15,000 increase in the City Clerk Department values, which increased the projected amount for Property Tax for election related expenses. and Vehicle License Fee revenues. These revenues were recognized by the City Council as part of a mid-year budget amendment. The first quarter expenditure projection also assumes $0.96 million in pending appropriations of which $0.82 2. The Amended Budget and projections reflected in this table do million are for anticipated personnel services costs not include prior year appropriations for capital improvement projects and other encumbrances totaling $3.7 million that were related to negotiated wage settlements reached with the carried forward into the fiscal year 2014/15 budget. These IAFF and CVPOA. The CVPOA MOU and associated expenditure impacts are already reflected in the estimated fund budget appropriations are scheduled for Council balance as of July 1, 2014 and are therefore not included in the consideration on October 28, 2014. The IAFF MOU and above table. associated budget appropriations will be brought to 3. Pending appropriations are primarily for anticipated personnel Council by year end. While these appropriations were cost increases related to negotiated wage settlements reached not made in the First Quarter, they are included In this with the International Association of Firefighters (IAFF)and the report to more accurately reflect where staff anticipates Chula Vista Police Officers Association(CVPOA). ending the fiscal year. The balance of the pending appropriations are for City Clerk clerical support costs, The City's financial outlook appears stable through the continuation and expansion of the citywide LEAN end of the first quarter. Although staff is projecting 2014-11-04 Agenda Packet Page 90 QUARTERLY FINANCIAL REPORT FISCAL YEAR 2015: FIRST QUARTER Page 3 of 7 training program, and the City's cost share for maintenance of the Otay Valley Regional Park. Revenues Sales Tax (Sales Tax and Sales Tax in lieu) - Sales The following table compares the projected revenues tax is projected to be the City's largest revenue source, included in the adopted budget and the updated representing 22.2% of General Fund revenues in the revenue projections for discretionary and departmental fiscal year 2014/15 amended budget. HdL Companies, program revenues. The projections indicate some the City's Sales Tax consultant, recently provided data variances in discretionary revenues when compared to for the second quarter of calendar year 2014. They budget but in total, revenues are expected to slightly report that the change in sales tax receipts between exceed budgeted levels by a net $0.84 million. second quarter calendar year 2014 and second quarter Variances in revenues reflect the following changes: calendar year 2013 increased by 1.9% in Chula Vista. General Consumer Goods represents the largest • A net increase of $1.29 million in Franchise Fee major industry group for Sales Tax generation. In this revenue reflecting the impact of recently negotiated category, the change in Sales Tax increased by 1.2% in City franchise agreement. Chula Vista when compared to the same quarter for • A $0.50 million decrease in Sales Tax and Sales 2013. General Consumer Goods are expected to Tax in Lieu revenues based on the revised increase by 2.8% on a Statewide level but Chula Vista projection from HdL, the City's Sales Tax appears to be lagging behind this trend. consultant. The adopted budget assumed a 4% sales tax growth rate for fiscal year 2014/15; The fiscal year 2014/15 budget assumed a 4% increase however, this has been revised downward to 2% in Sales Tax revenues. In order to be more consistent based on the most recent analysis provided by with the latest information provided by HdL, staff has HdL. reduced the projection for Sales Tax revenues by approximately $359,000 and by $135,000 for Sales Tax • A $0.17 million projected increase in Transient in Lieu. Staff will continue to update these projections as Occupancy Tax revenues based on an improved more information is received. trend for this revenue source. • A $0.12 million projected decrease in Other The following chart represents actual sales tax Revenues resulting from a Sewer Fund collections since fiscal year 2010/11 and the projection reimbursement that was budgeted but is not for fiscal year 2014/15. projected to be realized by the Finance Department. Sales Tax and Sales Tax in Lieu General Fund Revenues $35.0 $28.6 $29.2 $30.0 $30.0 Property Taxes $ 28,659,698 $ 28,659,698 $ $25.0 Sales Tax $ 22,704,845 $ 22,346,178 $ (358,667) .2$20.0 Sales Tax In Lieu $ 7,750,848 $ 7,615,383 $ (135,465) Motor Vehicle License $ 17,870,912 $ 17,870,912 $ - 2$15.0 Other Revenue $ 11,166,166 $ 11,046,166 $ (120,000) $10.0 Transfers In $ 10,708,779 $ 10,708,779 $ Franchise $ 8,903,174 $ 10,188,250 $1,285,076 $5.0 Charges for Services $ 7,649,532 $ 7,649,532 $ $0.0 Revenue from Other Agencies $ 2,728,810 $ 2,728,810 $ FY11 FY12 FY13 FY14 FY15 Utility Users Tax $ 7,175,000 $ 7,175,000 $ Actual Actual Actual Actual Projection Transient Occupancy Taxes $ 2,518,329 $ 2,687,833 $ 169,504 Use of Nbney&Property $ 2,439,246 $ 2,439,246 $ - Other Local Taxes $ 2,161,605 $ 2,161,605 $ Property Taxes - The City of Chula Vista receives Licenses and Permits $ 1,309,447 $ 1,309,447 $ property tax revenue based upon a 1.0% levy on the Fines,Forfeitures,Penalties $ 1,110,800 $ 1,110,800 $ assessed value of all real property. Property tax is the Real Property Transfer Tax $ 816,492 $ 816,492 $ City's second largest revenue source, representing Total General Fund $135,673,683 $136,514,131 $ 840,448 20.3% of General Fund revenues In the fiscal year 2014/15 budget. 2014-11-04 Agenda Packet Page 91 QUARTERLY FINANCIAL REPORT FISCAL YEAR 2015: FIRST QUARTER Page 4 of 7 The following chart represents actual VLF revenues Since the adoption of the budget, the City received since fiscal year 2010/11 and the projection for fiscal information from the County regarding assessed year 2014/15. property values (AV) for the City of Chula Vista. The Motor Vehicle License Fee adopted budget reflected 4% growth in AV however, based on the County's most recent report the City $20.0 should experience 6% growth in AV. In a Council $16.9 $16.3 $16.3 action earlier this fiscal year, the City Council approved $16.0 an amendment to Property Tax revenues to reflect this change. Property Tax revenues were increased by $0.6 million when compared to budget. c $12.0 The following chart represents actual property tax 2 $8.0 revenues since fiscal year 2010/11 and the projection for fiscal year 2014/15. $4.0 Property Tax $0.0 FY11 FY12 FY13 FY14 FY15 $35.0 Actual Actual Actual Actual Projected $30.0 $27.9 $27.5 $28.7 $24.7 $25.0 Franchise Fees - Franchise fee revenues are generated °- $20.0 from public utility sources such as San Diego Gas & Electric (2% on gas and 1.25% on electricity), trash $15.o collection franchises (20% fee), and cable franchises $10.0 (5% fee) conducting business within City limits. SDG&E $5.0 collects the franchise fee from Chula Vista customers and remits these revenues to the City. Trash franchise $0.0 fees and cable fees are based on fixed rates. FY11 FY12 *FY13 FY14 FY15 Actual Actual Actual Actual Projected Projections for Franchise Fee revenues have been updated to reflect increases resulting from new franchise agreement negotiated by the City. Motor Vehicle License Fee (VLF) - Since the State The following chart represents actual franchise fee Budget Act of 2004, the allocation of VLF revenues to revenues since fiscal year 2010/11 and the projection for cities and counties was substantially changed. fiscal year 2014/15. Fiscal year actual 2012-13 revenues Beginning in 2005/06, the majority of VLF revenues for reflect previously accrued Franchise Fee revenues that each city grew essentially in proportion to the growth in were realized by the City. the change in gross assessed valuation. Due to this change in the formula by the State, the majority of the Franchise Fees City's VLF revenues fluctuate with changes in assessed values in the City. $12.0 $9.6 $10.2 VLF revenue projections have been revised to reflect $10.0 8 8 the change in city-wide assessed valuation projected $8.3 $8.4 for fiscal year 2014-15. As discussed above, assessed $8.0 property values (AV) for the City of Chula Vista are c projected to grow by 6% as opposed to the 4% _ $6.0 reflected in the adopted budget. City Council approved an amendment to VLF Tax revenues to reflect this $4.0 change. VLF revenues were increased by $0.4 million when compared to budget. $2.0 $0.0 FY11 FY12 FY13 FY14 FY15 i Actual Actual Actual Actual Projected 2014-11-04 Agenda Packet Page 92 QUARTERLY FINANCIAL REPORT FISCAL YEAR 2015: FIRST QUARTER Page 5 of 7 Transient Occupancy Tax (TOT) - The City receives Utility Users Tax(UUT) 10% of hotel and motel room rates for stays less than 30 days. Projections for TOT revenues have been updated to reflect the positive trend that began in fiscal $16.0 1 15_1 year 2012 and has continued. Based on better than anticipated revenues in fiscal year 2014, the projection $14.0 for fiscal year 2014/15 has been increased by $12.0 $169,500 when compared to the adopted budget. It is $10.0 anticipated that TOT will continue to grow at a modest c $8.0 7.2 pace. $6.0 4 9 4.4 The following chart represents actual TOT revenues $4.0 3.5 since fiscal year 2010/11 and the projection for fiscal $2.0 year 2014/15. $0.0 Transient Occupancy Tax (TOT) FY11 FY12 FY13 FY14 FY15 Actual Actual Actual Actual* Projected $3.0 $25 $2.6 2.7 "Increased fiscal year 2013/14 Utility User's tax revenue reflect a mid- year appropriation (Council resolution 2013-092) of previously $2.5 $2.3 collected wireless telecommunication related tax revenue that was $2.1 utilized to fund attorney and City administrative costs pertaining to a $2.0 City class-action lawsuit. c $1.5 $1.0 Expenditures $0.5 The General Fund's amended budget reflects the Council adopted budget of $134.5 million, and Council $0.0 approved mid-year appropriations of $0.2 million, and FY11 FY12 FY13 FY14 FY15 $3.7 million of prior year encumbrances that were Actual Actual Actual Actual Projected carried over into the current fiscal year. As of the end of the First Quarter, the amended budget totals $138.4 million. Utility Users Tax (UUT) - The City adopted its Utility The following table reflects the General Fund amended Users Tax (UUT) in 1970. The City of Chula Vista budget and actual expenditures by department as of imposes a UUT on the use of telecom at the rate of 5% September 30, 2014. In total, Departments have of gross receipts. The UUT on natural gas services is expended 22% of the General Fund budget after 25% of $0.00919 per therm and $0.00250 per kilowatt on the fiscal year has elapsed. electricity services, which equates to approximately a 1% tax. Current projections for UUT revenues indicate these revenues are tracking at budget. The following chart reflects actual UUT revenue since fiscal year 2010/11. Fiscal year 2014/15 is projected and does not reflect actual collections. 2014-11-04 Agenda Packet Page 93 QUARTERLY FINANCIAL REPORT FISCAL YEAR 2015: FIRST QUARTER Page 6 of 7 General Fund Expenditures as of 9/30/2014 City Clerk - The fiscal year 2015 budget includes $219,000 for the November elections for the cost of two propositions and the Mayor, Budget as of Expended as % City Council and City Attorney elections. Department 9130114 of 9130114 Expended Based on the most recent cost estimate, staff City Council $ 1,312,606 $ 294,547 22% is recommending an appropriation of $15,000 Boards&Commissions $ 85,076 $ 7,171 8% to the City Clerk's Services and Supplies City Gerk $ 950,674 $ 164,350 17% budget for the Costs associated with the November election. City Attorney $ 2,661,295 $ 513,559 19% Administration $ 3,107,985 $ 641,487 21% Information Tech Srvcs $ 3,205,299 $ 814,523 25% In reviewing the expenditure trends in preparation for Human Resources $ 2,219,842 $ 479,564 22% this report, there is one other department staff would like Finance $ 3,642,538 $ 745,656 20% to note as a concern. Fire Department overtime appears to be tracking high. The department is also concerned Non-Departmental $ 10,166,338 $ 1,870,143 18% about equipment replacement needs and may need General Services $ 2,783,408 $ 581,386 21% additional funding. Staff will continue to monitor these Dev Services (GF) $ 2,651,088 $ 594,494 22% expenses and return with Specific recommendations to Police $ 47,258,612 $ 10,271,889 22% address this issue as needed. Fire $ 24,496,945 $ 5,830,443 24% General Fund Projections b Department Public Works $ 26,134,856 $ 5,451,115 21% J y p for June 30, 2015 Recreation $ 4,122,986 $ 826,768 20% • ,-, Library $ 3,608,382 $ 843,974 23% = ••• " . �• .. i i Total Expenditures $ 138,407,930 $ 29,931,069 22% City Council $ 1,312,606 $ 1,312,606 : $ Boards&Commissions $ 85,076 $ 85,076 : $ The following table reflects the projected expenditures City Clerk $ 950,674 $ 965,674 ? $ 15,000 for June 30, 2015. As noted on the table, most City Attorney $ 2,661,295 $ 2,661,295 : $ - departments are on track to stay within their allocated Administration $ 3,107,985 $ 3,107,985 : $ budget. Staff is recommending budget amendments to Information Tech Srvcs ; $ 3,205,299 $ 3,205,299 : $ address the following projected overages: Human Resources E $ 2,219,842 $ 2,219,842 '. $ • Public Works — Based on fiscal year 2013/14 Finance E $ 3,642,538 $ 3,642,538 : $ actual water costs, upcoming rate increase, Non-Departmental $ 10,166,338 $ 10,490,338 $ 324,000 and the continuation of drought conditions, it Animal Care Facility E $ 2,783,408 $ 2,783,408 $ is anticipated that the Public Works Department will need an additional $400,000 Dev Services(GF) E $ 2,651,088 $ 2,651,088 : $ for water expenses for City parks. Police $ 47,258,612 $ 47,258,612E $ Fire $ 24,496,945 $ 24,496,945 : $ • Non-Departmental — The fiscal year 2014/15 Public Works $ 26,134,856 $ 26,534,856 : $ 400,000 budget includes $1.4 million in budgeted Recreation $ 4,122,986 $ 4,122,986 € $ salary savings in the Non-Departmental budget. These savings are actually realized Library $ 3,608,382 $ 3,608,382 : $ In the department budgets as turnover iTotal Expenditures $ 138,407,930 $139,146,930 $ 739,000 occurs. Due to lower than anticipated turnover and the departments' requests to fill positions as they become vacant, staff is projecting that the salary savings needed to offset the budgeted salary savings in Non- Departmental will not be realized. Staff is recommending reducing budgeted salary savings by $324,000. 2014-11-04 Agenda Packet Page 94 QUARTERLY FINANCIAL REPORT FISCAL YEAR 2015: FIRST QUARTER Page 7 of 7 Budget Transfers Mid-Year Budget Amendments The following table reflects the administrative budget Mid-year expenditure appropriations approved through transfers that have been approved through the first September 30, 2014 totaled $194,361. The City Council quarter. These changes result in no net fiscal impact approved changes to budgeted revenues of $1,136,939. to the General Fund budget and are within the Council Combined, these changes result in a positive net impact policy allowing for transfers up to $15,000. of$942,578. Summary of General Fund Budget Transfers The City Council approved the following budget amendments during through the first quarter: City Council Summary of General Fund Budget Amendments :Transfer for :Supplies &Services to Jul-14: $2,000: �, - :copier lease Capital Cal Id Finger Print Tech :Transferto :Supplies &Services to Jul-14: $7,850: 7/8/2014(Police) $ 75,000 $ 75,000 $ :Personnel - Personnel City Attorney 7/8/2014 SDG&E Plant(Public Works); $ 13,118 $ 13,118 $ ................v......:.......................................................................................... !Transfer for. :Supplies &Services to Jul-14 $1,600? Rice Canyon Brush Clearance .co ierlease ;Ca ital Y Administration 7/22/2014($113,000)Transfer(Fire) $ $ - $ Amend 1009,10,11(City Jul-14:Transferfor $1,520i Supplies &Services to 8/5/2014 Clerk) $ $ 47,000 $ 47,000 Ecoierlease .Ca ital ........................................................................................................................................ Amend 1009,10,11(City Finance ............................. ................ 8/5/2014 Clerk) $ $ 47,000 $ 47,000 ..................... v.............................................. Jul-14Folding machine $4,SOO:Supplies &Services to with City Bargaining Units :and copier ease :Capital 8/12/2014(Various) $1,048,271 $ 5,659 $ (1,042,612) ..................................................................:..................................................................... 8/12/2014 Council Salary Adjustment $ $ 6,034 $ 6,034 Deputy City Manager Adj. Salary transfer from(Finance 8/12/2014 to Admin.) $ $ - $ Macy's Heart Your Park Prog. 9/9/2014(Public Works) $ 550 $ 550 $ Total Appropriations to date: $1,136,939 $ 194,361 $ (942,578) 2014-11-04 Agenda Packet Page 95 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0563, Item#: 8. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA POLICE OFFICERS' ASSOCIATION BARGAINING UNIT ("CVPOA") RELATED TO COMPENSATION AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY DOCUMENTS AND/OR MOU AS MAY BE REQUIRED TO IMPLEMENT THE MEMORANDUM OF UNDERSTANDING B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2014/15 BUDGET TO ACCOUNT FOR THE PROPOSED SALARY INCREASE FOR CHULA VISTA POLICE OFFICERS' ASSOCIATION (4/5 VOTE REQUIRED) C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2014/15 COMPENSATION SCHEDULE AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5 RECOMMENDED ACTION Council adopt the resolutions. SUMMARY The Memorandum of Understanding (MOU) between the City of Chula Vista and the Chula Vista Police Officers' Association (CVPOA) expired June 30, 2014. During the past several months, negotiating teams representing CVPOA and the City have worked collaboratively toward the development a mutually beneficial MOU. Agreement was reached on salary adjustments, term and effect, and pension language. Staff is also recommending an appropriation to the Fiscal Year 2014/15 budget to address salary changes effective the pay-period that includes January 1 , 2015, and approval of the revised Compensation Schedule to reflect the salary change. ENVIRONMENTAL REVIEW The Development Services Director 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)(2) of the State CEQA Guidelines because it is a personnel related action; 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. BOARD/COMMISSION RECOMMENDATION NA City of Chula Vista Page 1 of 4 Printed on 10/31/2014 powered by Leg 2014-11-04 Agenda Packet Page 96 File#: 14-0563, Item#: 8. DISCUSSION The Memorandum of Understanding (MOU) between the City of Chula Vista and the Chula Vista Police Officers' Association (CVPOA) expired June 30, 2014. During the past several months, negotiating teams representing CVPOA and the City have worked collaboratively toward the development of a mutually beneficial MOU that would assist the City in the recruitment and retention of sworn Police Officers where we are experiencing higher than normal vacancies. The City and CVPOA bargaining unit have met and conferred in good faith, as required by the Meyers-Milias-Brown Act (Govt. Code Section 3500 et. seq.; "MMBA") and reached the following agreement with regards to term and effect, salary adjustments, and pension language. Below is a summary of the agreement reached: 1 . Term and Effect: October 28, 2014 to June 30, 2017 2. Salary Adjustments: • 3% in the first full pay period of January 2015 • 3% in the first full pay period of January 2016 • 3% in the first full pay period of January 2017 3. Pension: incorporate current side letter and PEPRA 4. Incorporate current side letters into successor MOU The proposed salary and benefit enhancements were ratified by a majority of the CVPOA membership at a general membership meeting on October 1 , 2014. If adopted, the proposed salary and benefit enhancements will improve the City's competitive position in the local labor market, resulting in more effective employee recruitment and retention. Compensation Schedule: California Code of Regulations, Title 2, Section 570.5 requires that, for purposes of determining a retiring employee's pension allowance, the pay rate be limited to the amount listed on a pay schedule that meets certain requirements and be approved by the governing body in accordance with the requirements of the applicable public meeting laws. The Fiscal Year 2014/15 Compensation Schedule ("Compensation Schedule") was originally approved by the City Council at their meeting of July 8, 2014 and subsequently revised and adopted by the City Council on July 25, 2014 and August 8, 2014. Approval of Resolution C will approve the revised Compensation Schedule to reflect the salary adjustment for the Chula Vista Police Officers' Association effective December 26, 2014, in compliance with California Code of Regulations, Title 2, Section 570.5. 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. Staff is not independently aware, and has not been informed by any Council name] 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 City of Chula Vista Page 2 of 4 Printed on 10/31/2014 powered by Leg 2014-11-04 Agenda Packet Page 97 File#: 14-0563, Item#: 8. Community, Strong and Secure Neighborhoods and a Connected Community. These changes support City Initiative 1.2.3 Retain and attract quality employees under the Operational Excellence goal. Employee compensation is instrumental to recruiting and retaining quality employees. CURRENT YEAR FISCAL IMPACT The fiscal year 2014-15 implementation costs related to this agreement are estimated at $410,500 for the positions budgeted in the General Fund and $10,750 for the positions budgeted in the Supplemental Law Enforcement Service Fund and the Police Grants Fund. The Supplemental Law Enforcement Service Fund and the Police Grants Fund will not be able to absorb the increased personnel costs associated with this salary increase. Therefore, staff is recommending a transfer from the General Fund in the amount of $10,750 to address this impact. The total impact to the General Fund will be $421,250. These costs will be offset by unanticipated revenues recognized through previous Council action. ONGOING FISCAL IMPACT The annualized costs related to the POA agreement will be incorporated into the fiscal year 2015-16 baseline budget and will be brought to Council for approval as part of the annual budget process. The Five Year Financial Forecast presented to the City Council in May 2014 indicated a deficit during the forecast period. Since then, the City has reached MOU agreements with CVEA/SEIU, MM/PROF/SEIU, WCE, and now POA. As previously reported, assessed values improved at higher levels than assumed in the Council adopted budget and franchise fees have also increased resulting in unanticipated revenues. These changes have been included in the updated Five Year Financial Forecast presented below. The anticipated costs related to the POA agreement being considered tonight are identified in the forecast. Five Year Financial Forecast Summary DesQiptian A6 Forecast Forerast Forerast Forerast FY 2015 FY 2016 FY 2017 FY 2018 FY 2014 Subtotal Major Discretionar,, REvenues 97,037,387 100,219,439 103,328,944 106,546,954 109,898,459 Subtotal Other Revenues 40,090,327 39,574,851 39,780,300 40,046,982 40,497,845 Total Revenues 137,127,714 139,794,290 143,109,243 146,593,936 150,396,303 Expenditures,. Total Expenditures 135,465,917 138,671,046 142,672,625 146,475,375 150,493,449 Subtotal Surplus/(Deficit) 1,661,747 1,123,244 436,618 118,560 (47,146) PDANegotiations - (38. 38. 3�8Jan 2015, 2016, 2017) 421,250 1,243,801 2,102,106 2,537,601 2.537.601 Subtotal Surplusf(Deficit)with POA 1,240,547 (120,557) (1,665,488) (2,414,041) (2,634,747) As summarized in the above table, the City projects that it will be able to absorb the costs of the POA agreement in the current fiscal year and largely in fiscal year 2015-16. The City does project a growing deficit in the outer three years of the forecast, which may require changes to the baseline budget going forward. City of Chula Vista Page 3 of 4 Printed on 10/31/2014 2014-11-04 Agenda Packet Page 98 File#: 14-0563, Item#: 8. As presented, the Five Year Financial Forecast includes the following key assumptions over the forecast period: • Sustained modest economic growth and no adverse economic down turns. • Projected revenue growth in alignment with stable economic conditions. • Status quo expenditure growth with no major cost initiatives. The Finance Department will be updating the forecast and presenting it to the City Council later this year. ATTACHMENTS (1) Memorandum of Understanding (MOU) between the City of Chula Vista and Chula Vista Police Officer's Association, October 28, 2014 - June 30, 2017 (2) Revised Fiscal Year 2014/15 Compensation Schedule Staff Contact: Irene Mosley City of Chula Vista Page 4 of 4 Printed on 10/31/2014 2014-11-04 Agenda Packet Page 99 4��\1 r CITY Cw CHULA VISTA MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND CHULA VISTA POLICE OFFICER'S ASSOCIATION November 4, 2014 — JUNE 30, 2017 POA MOU 11/04/14—6/30/17 Page 1 2014-11-04 Agenda Packet Page 100 MEMORANDUM OF UNDERSTANDING CONCERNING WAGES AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA POLICE OFFICER'S ASSOCIATION FROM OCTOBER 28. 2014 THROUGH JUNE 30, 2017. TABLE OF CONTENTS SECTION I ADMINISTRATION................................................................................4 ARTICLE 1.01 PREAMBLE..............................................................................................4 ARTICLE 1.02 RECOGNITION.......................................................................................4 ARTICLE 1.03 CITY RIGHTS..........................................................................................4 ARTICLE 1.04 POLICE OFFICER ASSOCIATION RIGHTS..................................... 5 ARTICLE 1.05 EMPLOYEE RIGHTS............................................................................. 5 ARTICLE 1.06 LABOR-MANAGEMENT COOPERATION...................................... 6-5 ARTICLE 1.07 TERM AND EFFECT OF THIS MEMORANDUM OF UNDERSTANDING................................................................................. 6 ARTICLE 1.08 MOU REVISIONS.................................................................................... 6 ARTICLE 1.09 REOPENER.............................................................................................. 6 ARTICLE 1.10 RETENTION OF BENEFITS............................................................... 76 ARTICLE 1.11 SAVINGS CLAUSE................................................................................. 7 SECTION II COMPENSATION................................................................................... 7 SUBSECTIONA. WAGES...................................................................................................... 7 ARTICLE2.01 WAGES...................................................................................................... 7 ARTICLE 2.02 OVERTIME .............................................................................................. 8 ARTICLE 2.03 COMPENSATORY TIME ...................................................................... 9 ARTICLE 2.04 CALLBACK PAY..................................................................................... 9 ARTICLE 2.05 STANDBY PAY........................................................................................ 9 ARTICLE 2.06 OUT-OF-CLASS ASSIGNMENT......................................................... 10 ARTICLE 2.07 FIELD TRAINING OFFICEER PAY.................................................. 10 ARTICLE 2.08 SPECIAL ASSIGNMENT PAY............................................................ 10 ARTICLE 2.09 BILINGUAL PAY.............................................................................. 1149 ARTICLE 2.10 SHIFT DIFFERENTIALS................................................................... it ARTICLE 2.11 MILEAGE REIMBURSEMENT...................................................... 1244 ARTICLE 2.12 UNIFORMS........................................................................................... 12 ARTICLE 2.13 PROFESSIONAL ENRICHMENT ...................................................... 12 ARTICLE 2.14 EDUCATION/P.O.S.T. INCENTIVE PAY.......................................... 12 ARTICLE 2.15 RECRUITMENT INCENTIVE PROGRAM/NEW HIRE LATERAL INCENTIVE PAY................................................................................... 13 SECTION II COMPENSATION................................................................................. 15 SUBSECTION B BENEFITS............................................................................................... 15 ARTICLE 2.16 EMPLOYEE BENEFITS....................................................................... 15 ARTICLE 2.17 GROUP TERM LIFE INSURANCE.................................................... 17 ARTICLE 2.18 RETIREMENT....................................................................................... 18 ARTICLE 2.19 DEFERRED COMPENSATION .......................................................... 19 ARTICLE 2.20 RETIREE MEDICAL TRUST.............................................................. 19 POA MOU 11/04/14-6/30/17 Page 2 2014-11-04 Agenda Packet Page 101 SECTIONIII HOURS....................................................................................................20 ARTICLE 3.01 WORK PERIOD.....................................................................................20 ARTICLE 3.02 FLEXIBLE WORK SCHEDULES.......................................................20 ARTICLE 3.03 VACATION TIME.................................................................................21 ARTICLE 3.04 SICK LEAVE..........................................................................................22 ARTICLE 3.05 BEREAVEMENT LEAVE.....................................................................24 ARTICLE 3.06 HOLIDAYS............................................................................................24 ARTICLE 3.07 JURY DUTY............................................................................................26 ARTICLE 3.08 COURT LEAVE .....................................................................................26 ARTICLE 3.09 LEAVES OF ABSENCE-MILITARY LEAVE...................................27 SECTION IV WORKING CONDITIONS...................................................................27 ARTICLE 4.01 PROHIBITED PRACTICES.................................................................27 ARTICLE 4.02 ADVANCE NOTICE..............................................................................28 ARTICLE 4.03 DRIVING ELIGIBILITY......................................................................28 ARTICLE 4.04 PHYSICAL ABILITY TESTING.....................................................28-3 ARTICLE 4.05 FITNESS FOR DUTY.......................................................................... 29 ARTICLE 4.06 SUBSTANCE ABUSE POLICY............................................................29 ARTICLE 4.07 PAYROLL DEDUCTION......................................................................29 ARTICLE 4.08 DIRECT DEPOSIT ................................................................................30 ARTICLE 4.09 GRIEVANCE PROCEDURE................................................................30 POA MOU 11/04/14—6/30/17 Page 3 2014-11-04 Agenda Packet Page 102 SECTION I ADMINISTRATION ARTICLE 1.01 PREAMBLE This Memorandum of Understanding (MOU)is entered into by the City of Chula Vista(City) and the Chula Vista Police Officer's Association (POA) as a result of meeting and conferring in good faith concerning the wages, hours and other terms and conditions of employment, pursuant to the Employer-Employee Relations Policy of the City of Chula Vista and the California Government Code Sections 3500 et. seq.,known as the Meyers-Milias-Brown Act. ARTICLE 1.02 RECOGNITION The City recognizes the POA as the certified representative for all employees of the Police Department who are employed in the classifications of, or have the working titles o£ Peace Officer,Police Agent, Police Sergeant, and Police Lieutenant. ARTICLE 1.03 CITY RIGHTS Nothing contained herein shall be construed to restrict any legal or inherent exclusive City rights with respect to matters of legislative or managerial policy. The exclusive rights of the City shall include,but not be limited to, the right to: A. Establish,plan for, and direct the work force toward the organizational goals of the City government. B. Determine the organization,and the merits,necessity,and level of activity or service provided to the public. C. Determine the City budget. D. Establish,regulate,and administer a merit or civil service system which provides for all types of personnel transactions, including, but not limited to, determining the procedures and standards for the hiring, promotion, transfer, assignment, layoff, retention, and classification of positions in accordance with the City Charter, Civil Service Rules, and established personnel practices. E. Discipline or discharge employees for proper cause. F. Determine the methods, means, numbers, and kinds of personnel, and the job or position content required to accomplish the objectives and goals of the City. G. Effect a reduction in authorized positions. H. Take actions necessary to carry out the mission of the City in emergencies and in other situations of unusual or temporary circumstances. POA MOU 11/04/14—6/30/17 Page 4 2014-11-04 Agenda Packet Page 103 L Continue to exercise efficient and productive management practices consistent with Federal and State laws and in compliance with the City Charter and City ordinances. In exercising these rights the City shall comply with all applicable provisions of this agreement. The establishment or exercise of City rights shall not be subject to meeting and conferring; provided, however,the POA shall not be precluded from meeting and conferring with representatives of the City when the consequences of decisions on matters of the City rights directly affect wages,hours,and other terms and conditions of employment. ARTICLE 1.04 POA RIGHTS I. Authorized representatives of the POA shall be allowed reasonable access to unit employees at their work locations during working hours for the purpose of consulting with employees in the unit regarding the employer-employee relationship,provided that: (1)the work of the employee and the service of the public are not unduly impaired,and(2)the authorized representatives shall have given advance notice to the Chief of Police or his or her designated representative when contacting unit employees during the duty period of the employees. The Chief of Police or his or her designee shall determine the appropriate time for such access. IL The POA may be granted use of City facilities by the appropriate Appointing Authority for meetings composed of unit employees, provided such meetings are held outside regularly scheduled working hours for the group which is meeting, and provided space can be made available without interfering with the City needs. III. A reasonable amount of space shall be provided to the POA on City bulletin boards for legitimate communications with members. The POA shall be responsible to maintain space provided in an orderly condition and shall promptly remove outdated materials. V. The City shall continue to bill the POA $.10 per member per pay period for the actual costs incurred for dues deductions on behalf of the POA. ARTICLE 1.05 EMPLOYEE RIGHTS L Employees may form,join and participate in the activities of employee organizations of their own choosing for the purpose of representation in matters of employer-employee relations. IL City agrees that no officers, agents,representatives,members or anyone connected with either party will in any manner intimidate,coerce,restrain or interfere with employees to form,join or assist labor organizations or to refrain from any of these activities, specifically including the rights of employees to withdraw,revoke or cancel POA membership,or because of the exercise of any right provided to the employee by this MOU. POA MOU 11/04/14—6/30/17 Page 5 2014-11-04 Agenda Packet Page 104 ARTICLE 1.06 LABOR-MANAGEMENT COOPERATION The parties agree that during the term of this MOU, they will continue to support the Pride At Work Program. In addition they will continue to participate in efforts to contain health care costs. The City and POA agree that they will continue to have open discussions on matters of concern to the parties during the term of this MOU. ARTICLE 1.07 TERM AND EFFECT OF THIS MEMORANDUM OF UNDERSTANDING L [Three Year Term] This Memorandum of Understanding shall remain in full force and effect from the date of ratification by POA and approval of City Council until June 30, 2017. The parties will endeavor to submit written proposals to each other by March 1,2017 and the parties will endeavor to begin negotiations not later than April 14, 2017. IL The provisions of this MOU shall be subject to Federal, State and local law. III. This MOU fully and completely incorporates the understandings of the parties hereto for the full term of this MOU, constituting the sole and entire understanding between parties. It is further understood, however, that nothing herein prohibits the parties from changing and amending the terms of this MOU during the period of its effectiveness by further meet and confer sessions by mutual agreement. Nothing contained herein shall affect rights and privileges of parties as established by the laws of the State of California, as contained in the Government Code of the State of California under those provisions known as the Meyers- Milias-Brown Act,unless specifically referred to herein. IV. [Reopener] If at any time during the term of this MOU, the City Council declares a fiscal emergency then, in such event, the City may re-negotiate this MOU and meet and confer on wages,hours, and other terms and conditions of employment. This section,however, in no way effects the existing right of the City to lay off employees. ARTICLE 1.08 MOU REVISIONS The City and POA agree that during the term of the MOU they will continue to meet and confer on changes to the format and language of the MOU if necessary. The purpose of the proposed changes is to reconcile the MOU with the Civil Service Rules,the Employer/Employee Relations Policy, and other City policies and procedures, and to insure the language of the MOU accurately reflects City practice. ARTICLE 1.09 REOPENER See Article 1.07,paragraph IV, [Term and Effect of Memorandum of Understanding]. POA MOU 11/04/14—6/30/17 Page 6 2014-11-04 Agenda Packet Page 105 ARTICLE 1.10 RETENTION OF BENEFITS The represented employees covered by this MOU shall retain all benefits provided herein for the full term of this MOU and for any such additional period of time as provided in Article 1.07; provided, however,benefits,rights,or privileges not specifically covered by this MOU,but subject to the Meyers- Milias-Brown Act,may be acted upon by the City without mutual consent after meeting and conferring with the POA. ARTICLE 1.11 SAVINGS CLAUSE If any article or section of this MOU is held to be invalid by operation of law or by any court of competent jurisdiction, or if compliance with, or enforcement of, any article or section is restrained by such court, the remainder of this MOU shall not be affected by such action. The parties shall, if possible, meet and confer or meet and consult as the case may be for the purpose of arriving at a mutually satisfactory replacement for any article or section invalidated by operation of law. SECTION II COMPENSATION SUBSECTION A. WAGES ARTICLE 2.01 WAGES L A. [Salary Adjustments] Salary adjustments shall be made as follows: 1. 3% in the first full pay period of January 2015 2. 3% in the first full pay period of January 2016 3. 3% in the first full pay period of January 2017 B. [Effective Date] The salary adjustments in Paragraph A shall be effective as set forth therein after ratification by CVPOA and approval by City Council via resolution in open session of a successor MOU to the MOU which expired June 30, 2014. C. [Salary Adjustment Not Retroactive] The salary adjustment in Paragraph A shall not be retroactive. II. Merit (Step) Increases will be made according to the formula set forth in the Civil Service Rules currently in effect. The classifications shall be subject to a five(5)step salary range. The normal hire rate shall be Step"A"provided,however,that an exceptionally well-qualified candidate may be hired beyond Step"A"within the established range based upon the recommendation of the Chief of Police and approval by the City Manager. POA MOU 11/04/14—6/30/17 Page 7 2014-11-04 Agenda Packet Page 106 III. Effective Dates -All other payroll and wage changes, such as regular merit increases,shall be made effective at the beginning of the regular biweekly payroll period which includes the employee's actual anniversary date of the employee's current position. IV. Rate of Pay Following Promotion-When a represented employee is promoted,the new rate of pay will be the lowest step in the new salary range which will result in the employee receiving at least 5%more than the actual base rate in the old classification.The actual rate will also include Motorcycle, and Dog Handler pay if these differentials will be lost as a result of the promotion. It will not include Education Incentive or Bilingual pay. V4-V. Longevity Pay - Commencing July 1, 2012, Employees shall receive longevity pay in the form of a 3%increase in their base pay when they have served fifteen(15)or more complete years of full time service with the Chula Vista Police Department in a classification represented by CVPOA. The longevity pay shall increase base pay by 3% for eligible employees,calculated in the same manner as a COLA. For employees with fifteen(15) or more years of service as of July 1, 2012, the base pay used to calculate the longevity pay shall be the base pay they are making on that date, and for Employees not eligible for longevity pay on July 1, 2012, it shall be the base pay on the date they become eligible. ARTICLE 2.02 OVERTIME I. Subject to the provisions of Paragraphs II through IV below, when an employee is required or is ordered to: A. Work on his or her day off, or B. Report back to work after he or she has left the work station; he or she shall be compensated for a minimum of two (2)hours for any time worked in accordance with the provisions of the Fair Labor Standards Act and the 7k exemption. For purpose of calculating the overtime premium,time worked shall include paid time off and eligibility for overtime shall be based on hours worked during a work period in excess of 80 hours in a work period for those assigned to a 4/10 schedule and 160 hours in a work period for those assigned to the 3/12.5 schedule. "Immediate" callbacks require the employee to return to the station or to proceed to a crime scene as soon as possible upon notification. "Non-immediate" callbacks require the employee to return to the station at a time certain,wherein said time is not designated as being as soon as possible. For immediate callbacks,overtime shall commence at the time of arrival at the station or at the crime scene,with an additional one-half hour added for work related activities undertaken between the time of notification and arrival. II. Holdovers Beyond Regular Shift - An employee who works beyond his or her regular scheduled shift by reason of,but not limited to,late calls,arrests,report preparation,etc. shall receive payment in accordance with Section C. above. In no event will an POA MOU 11/04/14—6/30/17 Page 8 2014-11-04 Agenda Packet Page 107 employee be paid for less than 15 minutes. Periods of time less than 15 minutes will be disregarded and may not accumulated. III. Court Time—Employees on scheduled time off,who are subpoenaed in the line of duty or required by the Chief of Police or his or her designee to be present in criminal or juvenile court, or other judicial proceedings, shall be compensated as provided under Article 2.02, I, B above for all time actually spent and required to be in court and all actual travel time required between the court and either the Police Station or the employee's home, as the case may be. Employees shall be guaranteed a minimum of three(3)hours for each separate court appearance,including any travel time. Employees shall be reimbursed for all actual mileage the employee travels between the court and either the Police Station or the employee's home, as the case may be, at the mileage reimbursement rate as set out in Article 2.11. IV. Overtime Premium Pay shall be calculated at the overtime rate required by the Fair Labor Standards Act. V. A committee consisting of Police Department management and POA members shall be formed to study the use of overtime in the department and develop recommendations as to how overtime can be managed more effectively. ARTICLE 2.03 COMPENSATORY TIME An employee eligible to receive overtime pursuant to this section may receive pay or compensatory time off. Compensatory time shall be calculated at the rate of 1 '/2 times the extra hours worked. The accrual of compensatory time-in-lieu-of overtime pay will be at the option of the Chief of Police and/or supervisor, based on the employee's request while recognizing the overall staffing requirement of the department. Compensatory time shall not be accrued to an employee's credit for any time in excess of 120 hours. A record of compensatory time earned and utilized shall be maintained on the biweekly pay records. If an officer works a hard holiday,he or she will be provided the option of accruing compensatory time in-lieu of holiday pay. ARTICLE 2.04 CALLBACK PAY Whenever an employee is called back to work, after he/she has left his or her work site, and is required to return to work before the scheduled start of his or her next shift, he or she will receive a fifty dollar ($50) differential, in addition to pay as provided under 2.02 I. B. above. ARTICLE 2.05 STANDBY PAY Standby - Employees shall receive $150 compensation for each full bi-weekly period during which they are assigned standby duties or a prorated amount if the standby period is less than two(2) POA MOU 11/04/14—6/30/17 Page 9 2014-11-04 Agenda Packet Page 108 weeks. Standby duty is defined as that period of time, in addition to the employee's normal work week assignment, during which the employee must remain at all times where he or she can be contacted by telephone or pager,ready for callback to perform essential service within one (1) hour of notification. Any callbacks that occur while an employee is on standby duty shall not reduce the amount of standby pay the employee would have earned had there not been a callback. Any overtime or callback pay shall thus be in addition to the standby pay. For purposes of calculating hours worked under the FLSA,the parties agree that standby time shall not be counted as hours worked. ARTICLE 2.06 OUT-OF-CLASS ASSIGNMENT L Sworn personnel who are assigned duty as an Acting Agent, Acting Sergeant, or Acting Lieutenant in the Patrol Division for a period of at least one full regularly scheduled continuous work shift(excluding shift overlap(s))shall receive compensation at a rate of five percent(5%) above his or her base pay. Payment will be retroactive to the time the out-of-classification assignment commenced and will continue until the out-of-classification assignment ends, provided the above full-shift minimum is met. Personnel assigned duty as an Acting Agent, Acting Sergeant or Acting Lieutenant in the Patrol Division during any shift overlap period will receive out-of-classification compensation for that overlap period provided the above full-shift minimum is met. IL Sworn personnel who are assigned duty as an Acting Agent, Acting Sergeant, or Acting Lieutenant in a division other than Patrol for a period of at least one continuous week (40 consecutive hours) shall receive compensation at a rate of five percent (5%) above his or her base pay. Payment will be retroactive to the time the out-of-classification assignment commenced and will continue until the out-of-classification assignment ends,provided the above full week minimum is met. III. The assignment of Acting Agent,Acting Sergeant,or Acting Lieutenant shall be made in writing and shall indicate the day and time the assignment begins. Out-of-classification assignment pay shall be calculated to the nearest quarter hour. ARTICLE 2.07 FIELD TRAINING OFFICER PAY Peace Officers and Police Agents who are designated Field Training Officers(FTO's)for the purpose of training Peace Officers will receive $4.00 per hour additional compensation when they are actually engaged as FTO's. Police Agents shall not be considered FTO's or receive FTO compensation for time spent training other Police Agents. ARTICLE 2.08 SPECIAL ASSIGNMENT PAY L Motorcycle Pay - Employees who are assigned to Motorcycle Duty will receive two (2) hours overtime cash compensation per week. The differential pay shall compensate for POA MOU 11/04/14—6/30/17 Page 10 2014-11-04 Agenda Packet Page 109 general maintenance, including cleaning and washing of the motorcycle and minor maintenance. IL Dog Handlers - Employees who are designated Dog Handlers will receive three and a half (31/2)hours paid overtime cash compensation per week. ARTICLE 2.09 BILINGUAL PAY Those employees who, upon the recommendation of the Chief of Police and the approval of the Director of Human Resources, and who successfully complete a Bilingual Performance Examination for another language including Sign Language,who are regularly required to use their bilingual skills in the performance of their duties,will receive $200 per month in addition to their regular pay. In order to continue receiving bilingual pay, employees must successfully complete a short validated oral PASS or FAIL examination every three years. The City agrees to have one POA member as a tester on each 2 member panel for POA exams. Candidates who have failed the Bilingual Performance Examination may re-test once every six months. ARTICLE 2.10 SHIFT DIFFERENTIALS L Effective with the first full pay period after January 1,2002, each Officer,Agent, Sergeant, and Lieutenant regularly assigned to work the first watch(graveyard)shift shall receive$80 a pay period. (For example,a person regularly scheduled on first watch who is temporarily assigned to another watch will receive the pay,but a person who is regularly scheduled on another watch and temporarily assigned to first watch will not receive the pay) IL Effective with the first full pay period after January 1,2003,each Officer,Agent, Sergeant, and Lieutenant regularly assigned to work the third or fourth watch (swing) shift shall receive $40 a pay period. For example, a person regularly scheduled on third or fourth watch who is temporarily assigned to another watch will receive the pay,but a person who is regularly scheduled on another watch and temporarily assigned to third or fourth watch will not receive the pay) III. Effective with the first full pay period which includes January 1,2007,each Officer,Agent, Sergeant, and Lieutenant regularly assigned to work the first watch (graveyard) shift shall receive an additional $160 per pay period. (For example, a person regularly scheduled on first watch who is temporarily assigned to another watch will receive the pay but a person who is regularly scheduled on another watch and temporarily assigned to first watch will not receive the pay.) IV. Effective with the first full pay period encompassing January 1,2007, each Officer,Agent, Sergeant, and Lieutenant regularly assigned to work the third or fourth watch (swing) shift shall receive $80 per pay period. For example, a person regularly scheduled on third or fourth watch who is temporarily assigned to another watch will receive the pay but a person who is regularly scheduled on another watch and temporarily assigned to third or fourth watch will not receive the pay.) POA MOU 11/04/14—6/30/17 Page 11 2014-11-04 Agenda Packet Page 110 ARTICLE 2.11 MILEAGE REIMBURSEMENT Employees shall be subject to the City's Mileage Reimbursement Program when required to use their personal vehicle for authorized City business. The reimbursement rate will be tied to the current maximum IRS rate. If an employee is reporting to court or to training on his or her day off he or she may be reimbursed for up to a maximum of 50 miles total round trip. Employees will not receive mileage reimbursement for staff meetings, committee meetings or any other reason to return to work except for scheduled court or training. ARTICLE 2.12 UNIFORMS L ISSUE AND REPLACEMENT All regulation police uniforms and equipment(excluding shoes)will be provided at City expense. If regulation police uniforms or equipment are destroyed or damaged in the line of duty,they will be repaired or replaced as determined by the Chief of Police or his or her designee. Uniform cleaning will be the employees' responsibility. When an employee terminates employment with the Police Department,he or she must return to the City all regulation police uniforms and equipment provided at City expense; provided,however,that employees hired prior to July 1, 1984,may keep any equipment and uniforms they purchased before July 1, 1984. IL CLEANING Employees represented by the POA shall be entitled to a uniform cleaning allowance of $300 per year. Cleaning allowances shall be payable during the first pay period ending in December. ARTICLE 2.13 PROFESSIONAL ENRICHMENT This Article left blank. ARTICLE 2.14 EDUCATION/P.O.S.T. INCENTIVE PAY L Employees represented by the Association shall be entitled to between$200 and$400 per month if they meet the educational/P.O.S.T.incentive pay requirements detailed below. The amount of educational incentive pay will not be cumulative. ■ $200 for an Associates Degree ■ $300 for a Bachelors Degree or an Advanced/Supervisory POST POA MOU 11/04/14—6/30/17 Page 12 2014-11-04 Agenda Packet Page 111 ■ $350 for a Bachelors Degree and an Advanced/Supervisory POST ■ $400 for a Masters Degree or higher ARTICLE 2.15 RECRUITMENT INCENTIVE PROGRAM/NEW HIRE LATERAL INCENTIVE PAY L [Recruitment Incentive Program] A POA member may receive a bonus equivalent to 10 hours of base pay when he or she refers an individual to the department and the individual completes the academy and probationary process and becomes a permanent employee. The following conditions will apply to the Recruitment Incentive Program. I. POA members assigned to the Professional Standards Unit are ineligible to receive the bonus during their tenure in the Professional Standards Unit and may not utilize the recruitment incentive program for any applicant contacts they made during their tenure thereafter. 2. POA members assigned on a temporary basis to carry out specialized recruiting activities, unless it can be verified that the recruitment did not occur during that activity, are also ineligible. 3. POA members will not qualify for the Recruitment Incentive Bonus if the candidate referred to the department is related to the POA member by blood or marriage within the third degree. 4. Candidates must complete the full 18-month probationary period plus any probation extensions that may be requested by the department because of injuries or absences before bonuses will be distributed. 5. Candidates must declare the name and rank of the POA member who referred them at the time of application. If the candidate does not provide the referral information with his or her application the referring POA member will be ineligible to receive the bonus. 6. There will be only one, I0-hour base pay incentive per candidate. POA members may split the 10 hours if more than one POA member is listed as the referee. IL [New Hire Lateral Incentive Pay] New hires who come into the Chula Vista Police Department from another public law enforcement agency on or after April 10, 2013 with external law enforcement experience will receive lateral incentive pay of$1000 for each full year of external experience brought to the City for up to five (5)years of experience or a maximum of$5,000. The external law enforcement experience shall consist of full time (not reserve) POST certified(not limited police powers) employment as a police officer, sheriff's deputy, or California Highway Patrol Officer. Credit will only be given for full years of service. There shall be no credit for partial years of service and there will be no round up of number of years. Thus, for example, if a lateral has 1 year and 3 months experience, they have one full year of service and shall get$1000. If a lateral has 1 year and I I months experience, they have one full year of experience and shall get$1000. POA MOU 11/04/14—6/30/17 Page 13 2014-11-04 Agenda Packet Page 112 Lateral incentive pay for each full year of qualifying external law enforcement experience will be paid at the following intervals until the incentive is paid in full: $1,000--Upon completion of the hiring process $1,000--At the successful completion of the City probationary period $1,000--Every year thereafter on the employee's anniversary date, up to the $5,000 maximum. In no event will an employee receive more than the maximum of$5,000 lateral incentive pay. This New Hire Lateral Incentive pay is of limited duration and the City may end this incentive pay, in its sole and unfettered discretion, at any time and for any reason by providing CVPOA written notice of its intent to terminate this incentive pay and an effective date of such termination. POA MOU 11/04/14—6/30/17 Page 14 2014-11-04 Agenda Packet Page 113 SECTION II COMPENSATION SUBSECTION B BENEFITS ARTICLE 2.16 EMPLOYEE BENEFITS L Health and Dental Insurance Effective January 1, 2005, the City will provide the following benefits to each represented employee: Health Insurance Dental Insurance Annual Cost Kaiser Non-Kaiser Non-Kaiser Pre-Paid Dental HMO's PPO Dental PPO Employee City pays Employee pays City pays an City pays City pays an Only 100% of $50 per Month; Amount Equal to 100% of Amount Equal to Premium City Pays the City's Share of Premium the Premium for Balance of Non-Kaiser HMO the Pre-Paid Plan, Premium Premium,Employee Employee Responsible for Responsible for Balance Balance Employee City pays Employee pays City pays an City pays City pays an +1 100% of $50 per Month; Amount Equal to 100% of Amount Equal to Premium City Pays the City's Share of Premium the Premium for Balance of Non-Kaiser HMO the Pre-Paid Plan, Premium Premium,Employee Employee Responsible for Responsible for Balance Balance Employee City pays Employee pays City pays an City pays City pays an +Family 100% of $50 per Month; Amount Equal to 100% of Amount Equal to Premium City Pays the City's Share of Premium the Premium for Balance of Non-Kaiser HMO the Pre-Paid Plan, Premium Premium,Employee Employee Responsible for Responsible for Balance Balance Represented employees who are married to another represented employee have the option of being covered as an Employee Only or as a dependent under their spouse's Employee+One or Employee + Family coverage level. A. ENROLLMENT: 1. Health—Each eligible employee will be covered under the City offered health plan of his or her choice effective from employee's date of hire in that eligible position. For employees enrolling in Kaiser, the City will pay the full cost of the premium. For employees enrolling in a non- Kaiser HMO, the City will pay the cost of the premium less $50 per month. For employees enrolled in a non-Kaiser PPO,the City will pay an amount equal to the City's share of the non- POA MOU 11/04/14—6/30/17 Page 15 2014-11-04 Agenda Packet Page 114 Kaiser HMO premium. Any difference between the City's share of the health premium and the full premium cost will be paid by the employee through payroll deductions. Employees who fail to submit required benefit election forms within 30 days of the date of eligibility or during open enrollment will automatically be enrolled in the Kaiser-Employee Only plan. 2. Dental - Optional Represented employees will be eligible to participate in any City sponsored group dental plan effective the first of the month following the employee's date of hire. The City will pay an amount equal to the pre-paid dental plan premium for employees who enroll in a dental plan within 30 days of their date of eligibility or during open enrollment. Any difference between the pre-paid dental plan premium and the PPO dental plan premium will be paid by the employee through payroll deductions. Employees may only change their health or dental coverage levels at open enrollment or upon a qualifying event (marriage, divorce, birth, adoption, etc.). 3. Vision—Optional Represented employees will be eligible to participate in a City sponsored group vision plan. The premium for this selected plan will be paid by the employee through payroll deduction. 4. Co-Payments It is the intent of the parties that co-payments be set at levels that will provide the highest long- term cost stability to both the City and employees. 5. Employee Paid Medical and Dental Premiums Taken as Pre-Tax Payroll Deductions It is the intent of the parties that participating employees receive the maximum benefit allowable in accordance with IRS regulations. In those cases where the employee pays a portion of the cost, premiums will be deducted from the employee's paycheck on a pre-tax basis as allowed under Sections 125, 105, and 213 of the Internal Revenue Code. If an employee prefers to have the deductions taken on a post-tax basis, he or she must present the request for such change in writing to the Human Resources Department. If the City does not meet IRS requirements, or if IRS regulations change for any reason, this benefit may be discontinued. 6. Insurance Coverage While On Leave of Absence Without Pay Represented employees on leave without pay for any reason may continue,at their own expense, their group insurance coverage by paying the full cost of their premium plus a 2%administrative fee. This provision is subject to the Civil Service Rules regarding Leave of Absence. Upon an employee's return from leave without pay,the employee's benefits will be reinstated to the same benefit level in effect prior to the beginning of the leave without pay status. An employee who paid for the cost of his or her insurance while on leave of absence and who returns to work prior to the 15th of the month,will not be required to pay the insurance premium POA MOU 11/04/14—6/30/17 Page 16 2014-11-04 Agenda Packet Page 115 for that month. 7. Termination of Benefits Upon Separation of Employment An employee's coverage under the City's group medical,dental,and term life insurance plans is effective through the last day of the month in which the employee's separation is effective. The employee may continue benefit coverage beyond that date, at his or her own expense, in accordance with Federal COBRA law. The cost of COBRA coverage is the premium cost plus a 2% administrative fee. IL Flexible Spending Accounts (FSAs)-Health Care and Dependent Care Represented employees will be eligible to participate in the two Flexible Spending Account (FSA) options offered by the City. These accounts are allowed by Sections 125, 105, 129 and 213 of the Internal Revenue Code. Employees may elect to set aside a portion of their salary,on a pre-tax basis, to fund eligible health care and dependent care expenses. If the City does not meet IRS regulations, or if the IRS regulations change for any reason, this benefit may be discontinued. The maximum amounts an employee may set aside are: $2,500 for Health Care $5,000 for Dependent Care These accounts may only be established during the Benefits Open Enrollment or within 30 days of a qualifying change in family status as defined by the IRS. Salary deductions will be taken 24 pay periods per year,bi-weekly except for those months with three pay periods,where deductions will only be taken two times. Reimbursements will be made on a schedule to be determined by the City. Requests for reimbursement must be made on forms provided by the City. Any monies not used by the end of the plan year will be forfeited. Specific details of the plan are provided in the City's Summary of Benefits publication available from Human Resources. The City reserves the right to contract with a Third Party Administrator for administration of FSAs. The City will pay the start-up costs associated with third party administration. Participating employees will pay any required fees(monthly,per employee,or per transaction). ARTICLE 2.17 GROUP TERM LIFE INSURANCE The City agrees to pay the premium for $50,000 of group term life insurance for each represented employee. Represented employees may apply for themselves and their eligible dependents to purchase from$50,000 to$300,000 of supplemental group term life insurance in$10,000 increments through the City's group insurance plan with employees paying the additional cost through payroll deductions. POA MOU 11/04/14—6/30/17 Page 17 2014-11-04 Agenda Packet Page 116 ARTICLE 2.18 RETIREMENT The City will provide to represented members retirement benefits via contract with the California Public Employees Retirement System (Ca1PERS) as set forth in the California Government Code. 1. TIER L For employees hired on or before the effective date of the January 25, 2011 MOA,the City will provide the 3%at 50 Retirement Plan for Local Safety Members as provided for under the California Public Employees' Retirement System (Ca1PERS). Employees in Tier I shall make contributions,that shall be applied to the City's(employer share)contribution to Ca1PERS under Government Code section 20516 for optional benefits,in the total amount of nine percent (9%) for Employees in the "Local Police Officers" Ca1PERS member category. The aforementioned contributions will be made on a pre-tax basis to the extent permitted by Internal Revenue Code section 414(h)(2). The City shall report, as presently done, the Employer Paid Member Contribution (EPMC) to Ca1PERS as compensation earnable. The City will provide the following Ca1PERS contract options: A. One-Year Final Compensation B. Post-Retirement Survivor Allowance C. Credit for Unused Sick Leave D. 4th Level 1959 Survivor Benefit. E. Military Service Credit as Prior Service F. Cost of Living Allowance (2%) G. Post-Retirement Survivor Allowance Continuance H. Pre-Retirement Death Benefit for Spouse L Retired Death Benefit$5,000 J. Prior Service Credit K. Employer Paid Member Contribution 2. TIER IL For Employees hired after the effective date of the January 25,2011 MOA and who do not qualify as"new members"as defined by PEPRA(see Gov't Code section 7522.04(f)(1)-(3)) and Ca1PERS, the Ca1PERS Retirement Plan benefits for Employees in the "Local Police Officers" Ca1PERS member category are (1) the 3% @ 55 retirement formula; (2) that the Employees make 100% of the statutory employee (employee share) contribution to Ca1PERS, currently 9%; (3) that there be no final year concession of said payments to compensation for Ca1PERS benefit calculation purposes; and(4) the use of an average highest three consecutive years calculation to determine final compensation. Furthermore,the City will no longer provide a blended health care rate for Employees hired under the Second Tier Ca1PERS Retirement Plan. The City will provide the following Ca1PERS contract options: A. Post-Retirement Survivor Allowance B. Credit for Unused Sick Leave C. 4th Level 1959 Survivor Benefit. D. Military Service Credit as Prior Service POA MOU 11/04/14—6/30/17 Page 18 2014-11-04 Agenda Packet Page 117 E. Cost of Living Allowance (2%) F. Post-Retirement Survivor Allowance Continuance G. Pre-Retirement Death Benefit for Spouse H. Retired Death Benefit$5,000 I Prior Service Credit Tier III. [PEPRA] For Employees hired on or after January 1,2013 and determined to be"new members" as defined by PEPRA (see Gov't Code section 7522.04(f)(l)-(3) and Ca1PERS, the following shall apply: (1) a 2.7% @ 57 retirement formula; (2) no EMPC; (3) the use of an average highest three consecutive years calculation to determine final compensation; (4) employees shall pay 50%of normal cost of their pension,as set forth in PEPRA and determined by Ca1PERS;(5)pension capped as set forth in PEPRA(Gov't Code section 7522.10(c)(2));and (6)no blended health care rate for Employees under this Tier. The City will provide the following Ca1PERS contract options: A. Post-Retirement Survivor Allowance B. Credit for Unused Sick Leave C. 4th Level 1959 Survivor Benefit. D. Military Service Credit as Prior Service E. Cost of Living Allowance (2%) F. Post-Retirement Survivor Allowance Continuance G. Pre-Retirement Death Benefit for Spouse H. Retired Death Benefit$5,000 I Prior Service Credit ARTICLE 2.19 DEFERRED COMPENSATION POA members shall be eligible to participate in the City's approved deferred compensation plans offered by the City. ARTICLE 2.20 RETIREE MEDICAL TRUST All employees covered by this Agreement shall participate in a retiree medical expense reimbursement plan administered by the PORAC Retiree Medical Trust or such other entity that later may be selected by the Association. This Plan is designed to permit organizations representing employees to designate on a pre-tax basis salary and/or leave payouts which occur upon termination of employment to be used to help pay for health insurance costs when the employee is no longer working for the City. No City contributions shall be made to this Plan. The trust shall be and remain separate and apart from any Employer health insurance funding program. Effective January 1, 2009, employees covered by this Agreement shall contribute to the plan $150 per month, which the employer shall automatically deduct from the salary of each employee and remit monthly [in one aggregate check], to the Plan's administrator, accompanied by a list of contributing employees. The employer shall contribute the monies on a pre-tax basis. These POA MOU 11/04/14—6/30/17 Page 19 2014-11-04 Agenda Packet Page 118 contributions shall be included as salary for the purpose of calculating retirement benefits. There shall be no employee election to take the amount in cash. Upon retirement of an employee covered by this Agreement, the employer shall transfer into the PORAC Retiree Medical Trust, an amount equal to 100% of the cash value of the employee's vacation and floating holiday leave balance for which they would receive payment. The employer shall contribute the monies on a pre-tax basis. There shall be no employee election to take the amount in cash, The Association has the right to alter the amount of salary deduction or the percentage of leave balance contribution at separation from service during the course of this Agreement, on a uniform basis, for all employees covered by the Agreement, subject to approval of its members according to the Association's internal rules. The City of Chula Vista hereby acknowledges receipt of the Trust Agreement governing the Trust and will comply with rules set by the Trust Office in regard to reporting and depositing the required contributions set forth above. Exceptions: Employees entitled to full military medical benefits may make a one time election not to participate in the plan. Employees entitled to this exemption must notify human resources of their refusal to participate within 60 days of January 1, 2009, or within 60 days of joining the bargaining unit. The provisions of this agreement do not reply to anyone hired on or before February 1St 1982. City Contribution: Commencing March 2009, the City will contribute $100 per member per month into the Retiree Medical Trust("RMT"). SECTION III HOURS ARTICLE 3.01 WORK PERIOD L The City enacted the 7k exemption in the case of law enforcement as permitted under the Fair Labor Standards Act. The work period for law enforcement employees will be 80 hours in a 14-day cycle beginning at 00:01 on Friday and ending 14 days later. IL Any deviation from the current scheduling practice will be preceded by a meeting of a committee of the City and POA no more than 6 months and no less than 3 months before implementation of the new schedule. If a mutual agreement is not reached by the committee, the Chief of Police shall have final authority. III. The current schedule and 7(k) exemption is that set forth in the August 30, 2012 Side Letter of Agreement between the City and CVPOA regarding 4/10 and 3/12.5 schedule,which is attached to this MOU as Attachment B. ARTICLE 3.02 FLEXIBLE WORK SCHEDULES The City shall have the right to"flex" schedules under any one of the following conditions: 1)on an as- needed basis for emergency situations,2)on an as-needed basis for employees working in the following special assignments: the Gang Suppression Unit, Street Team, Regional Auto Theft Task Force, FBI POA MOU 11/04/14—6/30/17 Page 20 2014-11-04 Agenda Packet Page 119 Task Force, Narcotics Task Force, Marine Air Group, Special Investigations Unit, Narcotics Enforcement Team, and Academy Training Officer, 3)for voluntary training assignments,4)with the voluntary consent of the employee.Emergency situations shall be defined as natural disasters,declared civil disasters and riots within the City of Chula Vista, or when response is required under a mutual aid agreement. ARTICLE 3.03 VACATION TIME L Definition - For the purposes of this section, the definitions found in the Civil Service Rules shall apply. IL Vacation A. Vacation Accrual-Continuous service: Each employee paid at a biweekly rate who has had continuous full-time active service shall be entitled to an annual vacation with pay. This benefit will be calculated on 26 pay periods per fiscal year. The following provisions shall apply: I. Employees will accrue 80-hours during the first through fourth years of service (cumulative to a total leave balance of 160-hours). This benefit will be accumulated at the rate of 3.07 working hours for each full biweekly pay period of service performed. 2. Employees will accrue and be eligible to receive 120-hours annually (cumulative to a total leave balance of 240-hours) during the fifth through ninth year of service. The benefits will be accumulated at the rate of 4.60 working hours for each full biweekly pay period of service performed. 3. Employees will accrue and be eligible to receive 160-hours annually (cumulative to a total leave balance of 320-hours) during the tenth through fourteenth years of service. This benefit will be accumulated at the rate of 6.14 working hours for each full biweekly pay period of service performed. 4. Employees will accrue and be eligible to receive 200-hours annually (cumulative to a total leave balance of 400-hours) during the fifteenth and succeeding years of service. This benefit will be accumulated at the rate of 7.70 working hours for each full biweekly pay period of service performed. 5. Vacation sell back-All members of represented classifications earning three weeks or more vacation annually will have the option of selling forty (40)hours of said vacation back to the City. The accumulated vacation balance will be reduced accordingly. Payment of vacation hours will be made the first payday of each month provided that the Finance Department has received ten working days advance notice of the request prior to the payday. 6. Payment Upon Separation - At the time an employee is separated from City service, whether voluntarily or involuntarily, he/she shall be granted all of the unused annual leave to which he or she is entitled based upon his or her active service in prior years, POA MOU 11/04/14—6/30/17 Page 21 2014-11-04 Agenda Packet Page 120 and in addition,he or she shall be granted annual leave based upon the length of his or her active service during the year in which the separation occurs and computed on the basis set forth in Section(A)(1). Payment shall be made hour for hour with any portion of an hour being considered a full hour. 7. Vacation Use—Annual leave balances shall be reduced by the actual time not worked to the nearest quarter hour. Absence may not be charged to vacation not already accumulated. ARTICLE 3.04 SICK LEAVE A. Accumulated paid sick leave credit is to be used for the sole purpose of protecting the employee's wages in the event an absence is made necessary because of the disability, injury or illness of the employee or a serious illness or death in his or her immediate family. For purposes of this article, immediate family is defined as spouse, domestic partner, child, stepchild, parent, stepparent, sibling, parent-in-law, grandparent, or any other person living as a member of the employee's immediate household. B. Sick Leave Accrual-Computation of sick leave: sick leave with pay is cumulative at the rate of 3.69 working hours for each biweekly pay period of service, 96 hours annually, beginning at the time of full-time probationary employment. A person who has held a position with temporary or interim status and is appointed to a position with probationary status, without a break in service, may have such time credited to sick leave upon the recommendation of the Chief of Police and Director of Human Resources, and the approval of the City Manager. C. Maximum Sick Leave Accumulation - Unused sick leave may be accumulated in an unlimited amount. D. Sick Leave Use- Sick leave balances shall be reduced by the actual time not worked to the nearest quarter hour. Absence for illness may not be charged to sick leave not already accumulated. E. Sick Leave Verification -The City may, in its discretion,require a doctor's certificate and/or a personal sworn affidavit stating that the employee is unable to perform the essential functions of their job in order to determine eligibility for sick leave. If an employee is required to furnish a doctor's certificate for absences of three days or less, the employee must have been notified of such requirement by the Chief of Police or his or her designee,with the approval of the City Manager or his or her designee,at least 24 hours before the time the employee notifies the department that he or she will be absent because of illness or disability. F. Sick Leave Reimbursement (1) Employees who are unit employees on and before June 30, 1979,shall be entitled to sick leave reimbursement of 20.83%for up to 120 days(maximum 200 hours) POA MOU 11/04/14—6/30/17 Page 22 2014-11-04 Agenda Packet Page 121 of unused sick leave upon honorable separation. Unit employees covered by this paragraph (1) are not eligible for benefits under paragraph (2). (2) Employees who are not unit employees on June 30, 1979, and who become unit employees thereafter,shall be entitled to sick leave reimbursement as follows(to the exclusion, and in lieu of, any benefits under paragraph (1): a. Employees using thirty two hours (32) or less of sick leave during the fiscal year shall have the option of converting twenty-five percent(25%) of their remaining yearly sick leave to pay. b. Pay shall be computed based on the following schedule and all computations shall be rounded to the nearest whole hour: Remaining Yearly Sick Leave Pay 96 hrs 24 hrs 88 hrs 22 hrs 80 hrs 20 hrs 72 hrs 18 hrs 64 hrs 16 hrs 56 hrs or less 0 hrs C. If the pay option is selected, the paid sick leave hours shall be subtracted from the employee's accumulated yearly sick leave balance. The remaining sick leave hours shall be carried over and accumulated. (Example: Employee uses 32 hours of sick leave. He or she then elects to receive pay for 25% of remaining hours, or 16 hours. The 16 hours are subtracted from his or her remaining yearly sick leave and the other 48 hours are added to the employee's accumulated sick leave balance.) d. Payment will be made during the month of July of each year. Pay will be computed based on the employee's salary step on June 15,and will only be calculated for employees who have been on the payroll for one full year at the time calculations are made. e. Permanent employees covered by this paragraph (E)(2) who retire during the fiscal year will be compensated under this plan based on their formal retirement date. Prorated payment also will be made to an employee who terminates during the fiscal year. In the event of the death of an individual while employed by the City, 50% of the POA MOU 11/04/14—6/30/17 Page 23 2014-11-04 Agenda Packet Page 122 employee's unused, accumulated sick leave will be paid to the appropriate beneficiary. (3) The City is proposing a Sick Leave Abuse Policy. The parties agree to meet and confer on this item as a separate process. (4) During the term of the MOU, the parties agree to re-open the discussion of Article 3.04 Sick Leave, with the City to work with the POA regarding the use of sick leave upon approval of industrial disability retirement, with changes implemented only by mutual agreement. ARTICLE 3.05 BEREAVEMENT LEAVE When an employee with permanent status is compelled to be absent from work because of the death of an immediate family member as defined in Article 3.04 (a), or any other person living in the same household as the employee or immediate family member of the employee's spouse; and after the employee makes a written request and receives written approval from the Chief of Police or his or her designee, the employee may be allowed to use his or her accumulated sick leave,vacation, compensatory time, or floating holiday time for up to five (5) calendar days,plus three (3) days travel time. ARTICLE 3.06 HOLIDAYS L "Hard Holidays" - During the term of this MOU, the following are the recognized holidays: Independence Day July 4 Labor Day First Monday in September Thanksgiving Fourth Thursday in November Christmas December 25 New Year's Day January 1 Martin Luther King, Jr. Third Monday in January Memorial Day Last Monday in May II. Holiday Pay A. POA Members Who Cannot Observe a Normal Holiday Schedule 1. If an officer does not work a hard holiday,he or she will receive 8 hours pay. 2. If an officer works a hard holiday on an 8-hour shift,he or she will receive 8 hours pay plus time and one-half for each hour worked. 3. If an officer works a hard holiday on a I0-hour shift,he or she will receive 10 hours pay plus time and one-half for each hour worked. POA MOU 11/04/14—6/30/17 Page 24 2014-11-04 Agenda Packet Page 123 For payment purposes,if a hard holiday falls on a Saturday or Sunday,the day of observance shall be the actual day of the holiday. B. POA Members Who Can Observe a Normal Holiday Schedule and Who Work a 5/8 Shift 1. If the hard holiday falls on a scheduled work day,the officer shall be granted time-off, except as otherwise directed by the Chief of Police and/or supervisor. 2. If the hard holiday falls on a scheduled day off, the officer shall receive an extra day off. 3. If an officer works a hard holiday, he or she will receive 8 hours pay plus time and one-half for each hour worked. For payment purposes,if a hard holiday falls on a Saturday or Sunday,the day of observance shall be the day observed by general City employees. C. POA Members Who Can Observe allormal Holiday Schedule and Who Work a 4/10 Shift 1. If the hard holiday falls on a scheduled work day,the officer shall be granted time-off except as otherwise directed by the Chief of Police and/or supervisor. Holiday time-off shall be granted for the full 10 hour shift. 2. If the hard holiday falls on a scheduled day off, the officer shall receive an extra day off, for the full 10-hour shift. 3. If an officer works a hard holiday,he or she will receive 10 hours pay plus time and one-half for each hour worked. For payment purposes,if a hard holiday falls on a Saturday or Sunday,the day of observance shall be the actual day of the holiday. III. Floating Holidays Effective the first pay period in July of each fiscal year of this MOU, employees shall be credited with 8 hours each for: Lincoln's Birthday,Washington's Birthday,Admission Day, Columbus Day and Veterans' Day. Employees may take floating holiday time at their discretion with the approval of the Chief of Police or his or her designee. A. Floating Holiday Use-If an employee uses floating holiday time before the holiday passes and subsequently leaves City service,he or she will be charged for such time. If an employee does not use his or her floating holiday time before June 30 of a fiscal year, he or she will lose such time. The smallest unit of time chargeable to floating holiday time is one half(1/2)hour. POA MOU 11/04/14—6/30/17 Page 25 2014-11-04 Agenda Packet Page 124 ARTICLE 3.07 JURY DUTY For officers receiving a notice to serve on a federal jury shall be entitled to pay under the following conditions: A. They must present to their supervisor the jury summons to appear for federal jury duty at least three weeks prior to their date to report. B. If jury service and travel time from court to work is less than five (5)hours or seven (7) hours for persons on a 4/10 plan in a work day, the employee is expected to return to work unless a justification is provided and approved or pre-authorized leave is approved. C. Employees who are required to serve jury duty on their scheduled days off will not be compensated for this time and may keep any fees paid by the court. D. If the employee is not required to report for jury duty on any particular day(s) they are then expected to be at work as per their normal schedule. E. It is the employees' responsibility to inform his or her supervisor on a daily basis if they are required to report for jury duty the following day. F. Absence due to jury duty will be submitted on the City leave form. G. Employees whose workweek is other than Monday through Friday (8:00 a.m. to 5:00 p.m.)may have their jury duty workday adjustments made by their supervisors. H. Employees who receive compensation for their jury service from the courts will return those funds to the payroll specialist unless Section D applies. ARTICLE 3.08 COURT LEAVE Court leave is paid leave granted by the City to enable an employee to fulfill his or her duty as a citizen to serve as a witness in a court action to which the employee is not a party,before a federal or superior court located within San Diego County. Court leave shall be limited to: A. Required attendance before federal or superior courts located within San Diego County. B. Time in attendance at court together with reasonable time between court and work if attendance is for less than a full day and the employee can reasonably be expected to return to work. POA MOU 11/04/14—6/30/17 Page 26 2014-11-04 Agenda Packet Page 125 C. Court leave shall not be granted when the employee is paid an expert witness fee. D. The employee must submit to the City any payment received for the court appearance except travel and subsistence pay. E. Court leave will only be granted to employees who are not litigants in the civil case nor related to litigants in the civil case or defendants in a criminal case. F. Employees shall provide their supervisor with a copy of the legal subpoena and provide other documentary evidence of service. ARTICLE 3.09 LEAVES OF ABSENCE NHLITARY LEAVE For purpose of this MOU, the Civil Service Rules for leaves of absence and military leave are incorporated as reference as though set out in full in this article. SECTION IV WORKING CONDITIONS ARTICLE 4.01 PROHIBITED PRACTICES I. POA pledges it shall not cause,condone or counsel its unit members or any of them to strike, fail to fully and faithfully perform duties, slow down, disrupt, impede or otherwise impair the normal functions and procedures of the City except that nothing shall be construed in this MOU to prevent the POA or its unit members from exercising any legal rights or remedies they may presently possess to redress a wrong. IL Should any unit employees during the term of this MOU breach the obligations of Paragraph I,the City Manager or his or her designee shall immediately notify the POA that an alleged prohibited action is in progress. III. POA shall as soon as possible, and in any event, within eight working hours disavow any strike or other alleged prohibited action, shall advise its members orally and in writing to immediately return to work and cease the prohibited activity and provide the City Manager with a copy of its written advisement or,alternatively,accept the responsibility for the strike or other prohibited activity if it fails to follow one or more of the duties set forth in this article. IV. If POA disavows the prohibited activity and takes all positive actions set forth in this MOU in good faith,the City shall not hold the POA financially or otherwise responsible. The City may impose such penalties or sanctions as the City may appropriately assess against the participants. V. Should the POA during the term of this MOU breach its obligations or any of them under this Article, it is agreed that the City shall pursue all legal and administrative remedies available to the City that in its discretion it may elect to pursue. POA MOU 11/04/14—6/30/17 Page 27 2014-11-04 Agenda Packet Page 126 VI. There shall be no lockout by the City during the term of this MOU. ARTICLE 4.02 ADVANCE NOTICE The City shall give reasonable advance written notice to the POA on any proposed change or new ordinance, resolution, departmental rule or regulation relating to matters within the scope of representation proposed to be adopted by the City or the Department. The POA shall be given the opportunity to meet and confer with City or Department representatives prior to adoption of any proposed changes. ARTICLE 4.03 DRIVING ELIGIBILITY Whenever an employee drives a vehicle for City business he or she shall have a valid California drivers license. In order to ascertain the validity of the employee's license, employees must present their drivers license to their supervisor upon request. The City reserves the right to check with the Department of Motor Vehicles at any time to determine if the license is valid. If an employee's drivers license is revoked, suspended or otherwise made invalid, the employee must inform his or her supervisor. Failure to notify the supervisor may result in immediate disciplinary action. An employee who does not possess a valid California driver's license will be considered for a non-driving position, if one is available in the employee's classification. The non-driving assignment will continue for a maximum of six months if there is a reasonable expectation the employee will have a valid California driver's license at the expiration of that time. Extensions to the six-month limit will be considered on a case-by-case basis,however, in no case shall an employee receive more than one non-driving assignment in any three-year period. When no non-driving assignment is available, employees must request a leave of absence without pay for six months or until such time as their license is once again valid, whichever is shorter. In order to assure that non-driving assignments are provided on a fair and equitable basis, the following procedures shall be observed: A. Each department will determine whether it has any non-driving assignments that can be filled by employees who would otherwise have driving assignments. B. Non-driving assignments will be given on a first come, first served basis. For example, if two employees in a department have a non-valid driver's license and there is only one non-driving assignment,the first employee who comes forward will be given the non-driving assignment. The other employee may apply for a leave of absence as described above. ARTICLE 4.04 PHYSICAL ABILITY TESTING POA MOU 11/04/14—6/30/17 Page 28 2014-11-04 Agenda Packet Page 127 A. The City of Chula Vista along with the POA agrees that for the safety of the employee as well as the public, those employees who are represented by the POA should maintain a minimum level of physical fitness. The physical fitness of the employee will be assessed in two manners. The first will be a physical assessment and the second a physical agility test. B. All represented employees may be required to undergo a physical fitness assessment if the Chief of Police and/or the Human Resource Department determines an assessment is necessary to insure the employee can fully perform his or her duties. The initial assessment will generally consist of a physical conditioning assessment. C. Physical Agility Test Employees may be required to take a physical agility test,in accordance with the standards and tests established as part of the physical agility program unless they request and receive an exemption from the Chief of Police. ARTICLE 4.05 FITNESS FOR DUTY The parties agree that physical and mental fitness of City employees are reasonable requirements to perform the duties of the job and instill public confidence.Recognizing these important factors,the parties agree that during the term of this MOU,the City with reasonable cause,may require medical and psychological assessments of employees provided the City pays and provides time off without loss of pay for such assessments. All such assessments shall be done by appropriately qualified health care professionals. It is understood that the assessment regimen performed by said professionals shall be reasonably related to the requirements and duties of the job. Any treatment or remedial action shall be the full responsibility of the employee,except as otherwise provided by law or as may be provided through the Employee Assistance Program(EAP) for City employees. ARTICLE 4.06 SUBSTANCE ABUSE POLICY Employees represented by POA are subject to the City's Substance Abuse Policy. ARTICLE 4.07 PAYROLL DEDUCTION Upon the receipt of a written request and authorization from an employee for deduction of POA dues the City shall withhold such dues from the salary of the employee and remit the withholdings to the POA. The City shall continue to withhold such deductions unless the employee files a statement with the City withdrawing authorization for the continued withholding of the deductions. The effective date of withholding to the POA,and the effective date of discontinuance and all procedural matters shall be determined in accordance with the Rules and Regulations of the Director of Finance. POA MOU 11/04/14—6/30/17 Page 29 2014-11-04 Agenda Packet Page 128 ARTICLE 4.08 DIRECT DEPOSIT Represented employees hired on or after January 1, 2006 will be required to provide written authorization to the City's Director of Finance to electronically deposit their paychecks to a financial institution of their choice. ARTICLE 4.09 GRIEVANCE PROCEDURE This grievance procedure shall be in effect during the full term of this MOU. Section 1. PURPOSE. The purposes and objectives of the Grievance Procedure are to: 1 Resolve disputes arising from the interpretation, application or enforcement of specific terms of this MOU. 2 Encourage the settlement of disagreements informally at the employee-supervisor level and provide an orderly procedure to handle grievances through the several supervisory levels where necessary. 3 Resolve grievances as quickly as possible and correct, if possible, the causes of grievances thereby reducing the number of grievances and future similar disputes. Section 2. DEFINITIONS. For the purpose of this grievance procedure the following definitions shall apply: 1. Manager: The City Manager or his or her authorized representative. 2. Day: A calendar day,excluding Saturdays, Sundays and hard holidays as described by this MOU. 3. Department head or head of a department: The chief executive officer of a department. 4. Director of Human Resources: The Director of Human Resources or his or her authorized representative. 5. Employee: Any officer or regular(not temporary) employee of the City, except an elected official. 6. Employee representative: An individual who speaks on behalf of the employee. 7. Grievance: A complaint of an employee or group of employees arising out of the application or interpretation of a specific clause in this MOU. 8. Immediate supervisor: The individual who assigns,reviews, or directs the work of an employee. POA MOU 11/04/14—6/30/17 Page 30 2014-11-04 Agenda Packet Page 129 9. Superior: The individual to whom an immediate supervisor reports. Section 3. REVIEWABLE AND NON-REVIEWABLE GRIEVANCES. 1. To be reviewable under this procedure a grievance must: a. Concern matters or incidents that have occurred in alleged violation of a specific clause in this MOU; and b. Specify the relief sought,which relief must be within the power of the City to grant in whole or in part. 2. A grievance is not reviewable under this procedure if it is a matter which: a. Is subject to those reserved City Management Rights as stipulated under Section 4 of the Employer-Employee Relations Policy for the City of Chula Vista or under management rights as specified in this MOU b. Is reviewable under some other administrative procedure and/or rules of the Civil Service Commission such as: (1) Applications for changes in title,job classification or salary (2) Appeals from a formal disciplinary proceeding (3) Appeals arising out of Civil Service examinations (4) Appeals from work performance evaluations (5) Appeals that have a civil rights remedy or some other remedy specified by law C. General complaints not directly related to specific clauses of this MOU d. Would require the modification of a policy established by the City Council or by law e Relates to any City group insurance or retirement program POA MOU 11/04/14—6/30/17 Page 31 2014-11-04 Agenda Packet Page 130 Section 4. GENERAL PROVISION OF THE GRIEVANCE PROCEDURE. 1. Grievances may be initiated only by the employee or employees concerned or by the POA on behalf of itself regarding an otherwise grievable incident. The POA cannot grieve for itself an incident already grieved by an employee or group of employees. Conversely, an employee or group of employees cannot grieve an incident already grieved by the POA. 2. Procedure for Presentation. In presenting his or her grievance, the employee shall follow the sequence and the procedure outlined in Section 5. 3. Prompt Presentation. The employee shall discuss his or her grievance with his or her immediate supervisor within ten (10) working days after the act or omission of management causing the grievance, or within ten (10) working days of when the employee,with the exercise of reasonable diligence,should have discovered the act or omission being grieved. 4. Prescribed Form. The written grievance shall be submitted on a form prescribed by the Director of Human Resources for this purpose. 5. Statement of Grievance. The grievance shall contain a statement of- a. The specific situation, act or acts complained of as a violation of the MOU; b. The inequity or damage suffered by the employee; and C. The relief sought. 6. Employee Representative. The employee may choose someone to represent him or her at any step in the procedure. No person hearing a grievance need recognize more than one representative for any employee at any one time,unless he or she so desires. 7. Handled During Working Hours. Whenever possible, grievances will be handled during the regularly scheduled working hours of the parties involved. 8. Extension of Time. The time limits within which action must be taken or a decision made as specified in this procedure may be extended by mutual written consent of the parties involved. A statement of the duration of such extension of time must be signed by both parties involved at the step to be extended. 9. Consolidation of Grievances. If the grievance involves a group of employees or if a number of employees file separate grievances on the same matter, the grievances shall,whenever possible, be handled as a single grievance. POA MOU 11/04/14—6/30/17 Page 32 2014-11-04 Agenda Packet Page 131 10. Settlement. Any complaint shall be considered settled without prejudice at the completion of any step if all parties are satisfied or if neither party presents the matter to a higher authority within the prescribed period of time. 11. Reprisal. The grievance procedure is intended to assure a grieving employee the right to present his or her grievance without fear of disciplinary action or reprisal by his or her supervisor, superior or department head, provided he or she observes the provisions of this grievance procedure. 12. Back pay. The resolution of a grievance shall not include provisions for back pay retroactive further than twenty (20) working days prior to the date the grievance is filed. However,if with the exercise of reasonable diligence the act or omission being grieved was not discovered within 10 working days of its occurrence, and the grievance is subsequently timely filed pursuant to Section IV(3),then the resolution of the grievance may include provision for back pay for a maximum period of one year from the date the grievance was filed so long as such back pay awards are compliant with the law. Section 5. GRIEVANCE PROCEDURE STEPS. The following procedure shall be followed by an employee submitting a grievance pursuant to this article: Step 1 Discussion with Supervisor. The employee shall discuss his or her grievance with his or her immediate supervisor informally. Within three (3) working days, the supervisor shall give his or her decision to the employee orally. Step 2 Written Grievance to Superior. If the employee and supervisor cannot reach an agreement as to a solution of the grievance or the employee has not received a decision within the three (3)working days'time limit,the employee may within seven(7)working days present his or her grievance in writing to his or her supervisor. The supervisor shall provide written comments to the grievance and present the grievance and comments to his or her superior within seven (7)working days. The superior shall hear the grievance and give his or her written decision to the employee within seven(7)working days after receiving the grievance. Step 3 Grievance to Department Head. If the employee and superior cannot reach an agreement as to a solution of the grievance or the employee has not received a written decision within the seven (7) working days'limit,the employee may within seven(7)working days present his or her written grievance and all written comments and/or decisions in writing to his or her department head. The department head shall hear the grievance and give his or her written decision to the employee within seven (7)working days after receiving the grievance. Representative at Step 4. Step 4 Grievance to Director and Manager. POA MOU 11/04/14—6/30/17 Page 33 2014-11-04 Agenda Packet Page 132 If the grievance is not settled at the department head level,it may be submitted by the POA Representative within twenty (20) working days to the Director of Human Resources,who shall investigate and report his or her findings and recommendations to the City Manager within ten(10)working days. The City Manager shall provide his or her answer within ten(10)additional working days. The times indicated may be extended by mutual agreement. Any Employee grievance will be filed by the POA. Following the submission of the City Manager's answer,and before going to Section 6,Advisory Arbitration,matters which are unresolved shall be discussed at a meeting between the parties during which all pertinent facts and information will be reviewed in an effort to resolve the matter through conciliation. Section 6. ADVISORY ARBITRATION. Any dispute or grievance which has not been resolved by the Grievance Procedure may be submitted to advisory arbitration by the POA Representative or the City without the consent of the other party providing it is submitted within ten (10) working days,following its termination in the Grievance Procedure. The following Advisory Arbitration procedures shall be followed: I The requesting party will notify the other party in writing of the matter to be arbitrated and the MOU provision(s) allegedly violated. Within five (5) working days of the receipt of this notice,the parties may agree upon an arbitrator,or a panel of three arbitrators trained in conducting grievance hearings. If agreement on an arbitrator cannot be reached, the State Department of Industrial Relations shall be requested by either or both parties to provide a list of five arbitrators. Both the City and the POA shall have the right to strike two names from the list. The party requesting the arbitration shall strike the first name; the other party shall then strike one name. The process will be repeated and the remaining person shall be the arbitrator. 2 The arbitrator shall hear the case within twenty(20)working days after the arbitrator has been selected. The arbitrator shall make rules of procedure. The arbitrator shall make a written report of their findings to the POA and the City within fifteen (15) working days after the hearing is concluded. The decision of the arbitrator shall be advisory to the City Manager who shall render a final decision within ten (10) working days. The arbitrator shall have no authority to amend, alter or modify this MOU or its terms and shall limit recommendations solely to the interpretation and application of this MOU. The above time limits of this provision may be extended by mutual agreement. 3 Each grievance or dispute will be submitted to a separately convened arbitration proceeding except when the City and the POA mutually agree to have more than one grievance or dispute submitted to the same arbitrator. POA MOU 11/04/14—6/30/17 Page 34 2014-11-04 Agenda Packet Page 133 4 The City and the POA shall share the expense of arbitrators and witnesses and shall share equally any other expenses, including those of a stenographer, if required by either party. If either party elects not to follow the advisory decision rendered by the arbitrator,that party shall pay the entire cost of the arbitration process,including the expense of the arbitrator,witnesses and/or stenographer. (Signature page to follow.) POA MOU 11/04/14—6/30/17 Page 35 2014-11-04 Agenda Packet Page 134 Negotiating Parties For the City: For the POA: Gary Halbert Fred Rowbotham, President City Manager Police Officer's Association Date Date Kelley Bacon Negotiator Date Attachments: A. Hourly Rates B. August 30, 2012 Side Letter of Agreement POA MOU 11/04/14—6/30/17 Page 36 2014-11-04 Agenda Packet Page 135 I ATTACHMENT A EFFECTIVE 12/26/2014 CLASSIFICATION STEP A STET?B STEP C STEP D STEP E Peace Officer $33.30 $34.97 $36.71 $38.55 $40.48 Police Agent $36.67 $38.50 $40.43 $42.45 $44.57 I Police Sergeant $42.18 $44.29 $46.51 $48.83 $51.27 Police Lieutenant $50.62 $53.15 $55.81 $58.60 $61.53 I NOTE: Police Recruits are represented by CVEA. These base hourly rates are an approximation only. Final hourly rates may be different due to rounding of figures. i s i i 2014-11-04 Agenda Packet Page 13� ATTACHMENT B SIDE LETTER OF AGREEMENT BETWEEN THE CITY OF-CHULA VISTA AND THE CHULA VISTA POLICE OFFICERS ASSOCATION August 30,2012 The City of Chula Vista("City")and the Chula Vista Police Officers Association ("POA')hereby enter into this Side Letter of Agreement and agree to the following terms: 1. [MOU extension]Unless otherwise specifically indicated in this side letter,all of the existing terms and conditions of the current Memorandum of Understanding("MOU") and side letters dated l/1/09, (Retiree Medical Trust participation); 1/26/09,(Wages); 8/26109, (Compensatory Time); 10/13/09,(Bilingual Exam), and; 1/25/11-, 30,2011. (Pension Contribution and Misc.)will be extended and remain in.full force and effect through June 2. [4/10—3/12.5 Schedule] Effective the first pay-period in January 2013, (0I/11/13), a hybrid"4110—3112.5"work schedule will be implemented for officers assigned to patrol, (excluding Traffic,Street Team/GSU, SRO, and Geographic Policing). Officers assigned to the 4/10 schedule will work Monday through Thursday,while officers assigned to the 3/12.5 schedule will work Friday, Saturday, and Sunday. 3. [Work period]The City has enacted the 7k exemption in the case of law enforcement as permitted by the Fair Labor Standards Act. The work period for employees assigned the 3/12.5 work schedule will be 160 hours in a 28-day cycle beginning at 00:01 on Friday and ending 28 days later. 4. [10 hour pay-back]Because officers assigned to the 12.5 hour shift work 75 hours during a two week pay-period, they are required to work an additional 10 hour shift every 28 day cycle. This additional shift will typically be repaid by attending regularly scheduled bi-monthly 10 hour training days, and during opposing months,providing coverage when officers assigned to the 4110 schedule attend their regularly scheduled trailing days. The training date will be determined by the department. 5. [Overtime] Ove_Ytitue for officers working a 12.5-hour shift will be paid in accordance with section 2.02 of the MOU 6. [2-year Trial Period] The first two years following implementation of the schedule set forth in paragraph 2 will be considered a trial period. At any time during this 2-year trial period,the POA and Police Department, at either party's request, shall meet to discuss changes to and/or issues with the schedule; when necessary, a committee with j representation from both parties will be formed to further discuss and resolve these issues. If the committee does not reach a mutual agreement,then the Chief of Police shall have final authority. The conunihtee may be composed of the following: a. Two(2)members chosen-by the POA. 1 2014-11-04 Agenda Packet Page 13Y { E b- Two(2)members chosen by the Police Department. C. One(1)member chosen by the above four mutually. This member shall participate only in a non-binding advisory role. 7. [Continuation of Schedule after Trial Period]No later than 60 days prior to the termination of the 2-year trial period,the POA and.Police Department, at either party's request,shall meet and confer to discuss continuation of, and/or issues with the schedule in existence at that time; when necessary, a committee with representation from both -" patties will be"fornied'to"fiii#her discuss said continuation resolve these issues. For CVPOA: For the City of Chula Vista: ame Date Name Date Name Date Nam Date I 2014-11-04 Agenda Packet Page 13.� -N`{fr cm of Fiscal Year 2014-2015 Compensation Schedule LAULAvrTA Effective June 27,2014 Hourly Rate Bi-Weekly Rate OSITION TITLE PCN BARG Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E ACCOUNTANT 3633 CONF $31.30 $32.86 $34.51 $36.23 $38.04 $2,503.77 $2,628.96 $2,760.40 $2,898.42 $3,043.35 ACCOUNTING ASSISTANT 3641 CVEA $19.14 $20.10 $21.11 $22.16 $23.27 $1,531.49 $1,608.07 $1,688.47 $1,772.90 $1,861.54 ACCOUNTING ASSISTANT(HRLY) 3640 UCHR $19.14 $20.10 $21.11 $22.16 $23.27 $1,531.50 $1,608.07 $1,688.48 $1,772.89 $1,861.54 ACCOUNTING TECH(HOURLY) 3676 UCHR $24.22 $25.43 $26.70 $28.03 $29.44 $1,937.34 $2,034.21 $2,135.91 $2,242.71 $2,354.85 ACCOUNTING TECHNICIAN 3643 CONF $24.22 $25.43 $26.70 $28.03 $29.44 $1,937.34 $2,034.21 $2,135.92 $2,242.72 $2,354.85 ACCOUNTING TECHNICIAN 3675 CVEA $24.22 $25.43 $26.70 $28.03 $29.44 $1,937.34 $2,034.21 $2,135.92 $2,242.71 $2,354.85 ADMIN AIDE 0201 CVEA $16.11 $16.92 $17.76 $18.65 $19.58 $1,288.99 $1,353.44 $1,421.12 $1,492.17 $1,566.78 ADMIN ANALYST 1 0203 CVEA $26.60 $27.93 $29.33 $30.79 $32.33 $2,127.90 $2,234.28 $2,346.00 $2,463.30 $2,586.47 ADMIN ANALYST II 0143 CONF $29.26 $30.72 $32.26 $33.87 $35.56 $2,340.68 $2,457.72 $2,580.60 $2,709.63 $2,845.12 ADMIN ANALYST II 0205 CVEA $29.26 $30.72 $32.26 $33.87 $35.56 $2,340.68 $2,457.72 $2,580.60 $2,709.63 $2,845.12 ADMIN SERVICES MANAGER 0215 SM $42.86 - - - $52.09 $3,428.62 - - $4,167.50 ADMINISTRATIVE SECRETARY 0149 CONF $23.66 $24.84 $26.08 $27.39 $28.76 $1,892.59 $1,987.22 $2,086.58 $2,190.91 $2,300.45 ADMINISTRATIVE SECRETARY 0179 CVEA $23.66 $24.84 $26.08 $27.39 $28.76 $1,892.59 $1,987.22 $2,086.58 $2,190.91 $2,300.45 ADMINISTRATIVE TECHNICIAN 0147 CONF $23.66 $24.84 $26.08 $27.39 $28.76 $1,892.59 $1,987.22 $2,086.58 $2,190.91 $2,300.45 ADMINISTRATIVE TECHNICIAN 0181 CVEA $23.66 $24.84 $26.08 $27.39 $28.76 $1,892.59 $1,987.22 $2,086.58 $2,190.91 $2,300.45 ANIMAL ADOPTION COUNSELOR 5310 CVEA $20.47 $21.49 $22.57 $23.70 $24.88 $1,637.70 $1,719.58 $1,805.56 $1,895.84 $1,990.63 ANIMAL CARE AIDE(HRLY) 5316 UCHR $11.32 $11.91 $12.55 $13.20 $13.90 $905.56 $953.01 $1,003.78 $1,056.21 $1,111.98 ANIMAL CARE FAC ADMINISTRATOR 5327 SM $49.94 $52.43 $55.05 $57.81 $60.70 $3,994.85 $4,194.59 $4,404.32 $4,624.54 $4,855.77 ANIMAL CARE FACILITY MANAGER 5330 MM $43.15 $45.30 $47.57 $49.95 $52.44 $3,451.72 $3,624.31 $3,805.53 $3,995.80 $4,195.59 ANIMAL CARE FACILITY SUPVR 5317 MM $34.01 $35.71 $37.50 $39.37 $41.34 $2,720.73 $2,856.76 $2,999.60 $3,149.58 $3,307.06 ANIMAL CARE SPECIALIST 5343 CVEA $17.17 $18.02 $18.93 $19.87 $20.86 $1,373.23 $1,441.90 $1,514.00 $1,589.69 $1,669.18 ANIMAL CARE SPECIALIST(HRLY) 5344 UCHR $17.17 $18.02 $18.92 $19.87 $20.86 $1,373.24 $1,441.90 $1,513.99 $1,589.69 $1,669.18 ANIMAL CARE SUPERVISOR 5319 CVEA $23.84 $25.03 $26.28 $27.59 $28.97 $1,906.90 $2,002.25 $2,102.35 $2,207.48 $2,317.85 ANIMAL CONTROL OFFICER 5303 CVEA $20.60 $21.63 $22.71 $23.85 $25.04 $1,647.88 $1,730.28 $1,816.79 $1,907.63 $2,003.01 ANIMAL CONTROL OFFICER(HRLY) 5305 UCHR $20.60 $21.63 $22.71 $23.85 $25.04 $1,647.88 $1,730.27 $1,816.79 $1,907.63 $2,003.01 ANIMAL CTRL OFFCR SUPERVISOR 5304 CVEA $23.69 $24.87 $26.12 $27.42 $28.79 $1,895.05 $1,989.82 $2,089.30 $2,193.77 $2,303.46 ANIMAL SERVICES SPECIALIST 5309 CVEA $18.73 $19.66 $20.65 $21.68 $22.76 $1,498.07 $1,572.98 $1,651.63 $1,734.21 $1,820.92 APPLICATIONS SUPP SPEC HRLY 3078 UCHR $32.53 $34.16 $35.87 $37.66 $39.54 $2,602.54 $2,732.67 $2,869.29 $3,012.76 $3,163.40 APPLICATIONS SUPPORT MANAGER 3083 MM $39.76 $41.75 $43.84 $46.03 $48.33 $3,180.88 $3,339.92 $3,506.92 $3,682.26 $3,866.38 APPLICATIONS SUPPORT SPEC 3088 PROF $32.53 $34.16 $35.87 $37.66 $39.54 $2,602.54 $2,732.67 $2,869.30 $3,012.76 $3,163.40 AQUARIST 7741 CVEA $21.32 $22.39 $23.51 $24.68 $25.92 $1,705.79 $1,791.08 $1,880.64 $1,974.67 $2,073.40 AQUATIC SUPERVISOR 1 7579 CVEA $21.87 $22.96 $24.11 $25.31 $26.58 $1,749.43 $1,836.89 $1,928.74 $2,025.18 $2,126.44 AQUATIC SUPERVISOR II 7577 CVEA $24.05 $25.26 $26.52 $27.85 $29.24 $1,924.37 $2,020.58 $2,121.61 $2,227.70 $2,339.08 AQUATIC SUPERVISOR 111 7575 CVEA $27.66 $29.05 $30.50 $32.02 $33.62 $2,213.02 $2,323.67 $2,439.87 $2,561.86 $2,689.95 ASSISTANT CITY CLERK 2210 SM $36.22 $38.03 $39.93 $41.93 $44.03 $2,897.57 $3,042.45 $3,194.57 $3,354.29 $3,522.01 ASSISTANT DIR OF DEV SERVICES 4040 SM $63.15 - - - $76.76 $5,051.90 $6,140.61 ASSOC ACCOUNTANT 3635 CONF $34.43 $36.15 $37.96 $39.85 $41.85 $2,754.13 $2,891.84 $3,036.43 $3,188.25 $3,347.67 ASSOC ENGINEER 6017 WCE $37.69 $39.58 $41.56 $43.63 $45.82 $3,015.46 $3,166.24 $3,324.54 $3,490.77 $3,665.31 ASSOC PLANNER 4437 CVEA $31.03 $32.58 $34.21 $35.92 $37.72 $2,482.54 $2,606.66 $2,737.00 $2,873.85 $3,017.54 ASSOC PLANNER(HOURLY) 4438 UCHR $31.03 $32.58 $34.21 $35.92 $37.72 $2,482.53 $2,606.66 $2,736.99 $2,873.85 $3,017.54 ASST CHIEF OF POLICE 5011 SM $61.95 - - - $75.30 $4,955.71 $6,023.69 ASST CITY ATTORNEY 2405 SM $66.14 $69.45 $72.92 $76.53 $80.39 $5,291.23 $5,555.80 $5,833.59 $6,122.02 $6,431.53 ASST CITY MANAGER/ADMIN 2707 EXEC $85.57 - - - $103.37 $6,845.94 $8,269.53 ASST DIR HUMAN RESOURCES 3304 SM $57.61 $69.14 $4,609.10 $5,530.92 ASST DIR OF FINANCE 3604 SM $57.27 $69.14 $4,581.25 $5,530.92 ASST DIR OF PUBLIC WORKS 6322 SM $57.27 $69.14 $4,581.25 $5,530.92 ASST DIR OF RECREATION 7401 SM $47.31 $57.50 $3,784.40 $4,599.97 ASST DIRECTOR OF ENGINEERING 6008 SM $57.27 $69.14 $4,581.25 $5,530.92 ASST ENGINEER 6015 WCE $32.78 $34.42 $36.14 $37.94 $39.84 $2,622.13 $2,753.25 $2,890.90 $3,035.46 $3,187.22 ASST PLANNER 4439 CVEA $28.21 $29.62 $31.10 $32.66 $34.29 $2,256.85 $2,369.69 $2,488.18 $2,612.59 $2,743.22 ASST SURVEYOR 6281 WCE $32.78 $34.42 $36.14 $37.94 $39.84 $2,622.14 $2,753.24 $2,890.91 $3,035.45 $3,187.22 ASST SURVEYOR II 6283 WCE $37.69 $39.58 $41.56 $43.63 $45.82 $3,015.46 $3,166.23 $3,324.54 $3,490.77 $3,665.31 AUTOMATED FINGERPRINTTECH 5123 CVEA $18.73 $19.66 $20.65 $21.68 $22.76 $1,498.08 $1,572.98 $1,651.62 $1,734.20 $1,820.92 BENEFITS MANAGER 3404 MMCF $40.11 $42.11 $44.22 $46.43 $48.75 $3,208.73 $3,369.17 $3,537.63 $3,714.51 $3,900.24 BENEFITS TECHNICIAN 3401 CONF $22.39 $23.51 $24.69 $25.92 $27.22 $1,791.39 $1,880.96 $1,975.01 $2,073.76 $2,177.45 BENEFITS TECHNICIAN HOURLY 3400 UCHR $22.39 $23.51 $24.69 $25.92 $27.22 $1,791.39 $1,880.96 $1,975.01 $2,073.76 $2,177.44 BLDG PROJECT MANAGER 6412 PROF $36.54 $38.37 $40.29 $42.30 $44.42 $2,923.26 $3,069.43 $3,222.90 $3,384.04 $3,553.25 BLDG PROJECTS SUPERVISOR 6404 PROF $33.23 $34.89 $36.63 $38.47 $40.39 $2,658.21 $2,791.12 $2,930.68 $3,077.21 $3,231.07 BUDGET&ANALYSIS MANAGER 2222 SM $53.62 - - - $64.70 $4,289.25 $5,175.98 BUILDING INSPECTOR 1 4771 CVEA $27.32 $28.68 $30.12 $31.61 $33.21 $2,185.42 $2,294.69 $2,409.43 $2,528.74 $2,656.40 BUILDING INSPECTOR 11 4773 CVEA $30.05 $31.55 $33.13 $34.79 $36.53 $2,403.97 $2,524.17 $2,650.38 $2,782.90 $2,922.05 BUILDING INSPECTOR II HRLY 4774 UCHR $30.05 $31.55 $33.13 $34.79 $36.53 $2,403.97 $2,524.18 $2,650.39 $2,782.90 $2,922.05 BUILDING INSPECTOR I 4771 CVEA $27.32 $28.68 $30.12 $31.61 $33.21 $2,185.42 $2,294.69 $2,409.43 $2,528.74 $2,656.40 BUILDING INSPECTOR 11 4773 CVEA $30.05 $31.55 $33.13 $34.79 $36.53 E $2,403.97 $2,524.17 $2,650.38 $2,782.90 1 $2,922.05 All position titles designated as Executive("EXEC")or Senior Management("SM")have salary bands with a minimum("Step A")and maximum("Step E")salary;salary appointments and subsequent adjustments within the approved salary range may be made by the position's appointing authority. Approved and Adopted: Resg0tj,4LT1-;04 Agenda Packet Page 139 -N`{(/-cm of Fiscal Year 2014-2015 Compensation Schedule CAuLAvrTA Effective June 27,2014 Hourly Rate Bi-Weekly Rate OSITION TITLE PCN BARG Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E BUILDING INSPECTOR 1 4771 CVEA $27.32 $28.68 $30.12 $31.61 $33.21 $2,185.42 $2,294.69 $2,409.43 $2,528.74 $2,656.40 BUILDING INSPECTOR 11 4773 CVEA $30.05 $31.55 $33.13 $34.79 $36.53 $2,403.97 $2,524.17 $2,650.38 $2,782.90 $2,922.05 BUILDING INSPECTOR 11 HRLY 4774 UCHR $30.05 $31.55 $33.13 $34.79 $36.53 $2,403.97 $2,524.18 $2,650.39 $2,782.90 $2,922.05 BUILDING INSPECTOR 111 4775 CVEA $33.05 $34.71 $36.44 $38.26 $40.18 $2,644.37 $2,776.59 $2,915.42 $3,061.19 $3,214.25 BUILDING OFFICIAL/CODE ENF MGR 4780 SM $60.14 - - - $73.10 $4,811.33 $5,848.20 BUILDING PROJECT COORDINATOR 6407 CVEA $30.05 $31.55 $33.13 $34.79 $36.53 $2,403.97 $2,524.17 $2,650.38 $2,782.90 $2,922.05 BUSINESS LICENSE REP 4505 CVEA $19.14 $20.10 $21.11 $22.16 $23.27 $1,531.49 $1,608.07 $1,688.47 $1,772.90 $1,861.54 CARPENTER 6444 CVEA $23.84 $25.03 $26.28 $27.60 $28.98 $1,907.05 $2,002.41 $2,102.53 $2,207.65 $2,318.03 CBAG DEPUTY DIRECTOR SD LECC 5269 SM $44.20 - - $51.17 $53.72 $3,535.87 $4,093.21 $4,297.87 CBAG DEPUTY EXECUTIVE DIRECTOR 5273 SM $46.68 $58.46 $3,734.34 $4,676.66 CBAG DIR OF IV-LECC 5268 SM $44.20 $53.72 $3,535.87 $4,297.87 CBAG EXECUTIVE DIRECTOR 5272 EXEC $54.91 - $60.54 - $68.76 $4,392.69 $4,842.94 $5,501.14 CBAG PROGRAM MANAGER 5285 MM $44.20 $46.41 $48.73 $51.17 $53.72 $3,535.87 $3,712.66 $3,898.29 $4,093.21 $4,297.87 CHIEF OF POLICE 5001 EXEC $79.37 - - $94.47 $96.47 $6,349.47 $7,557.71 $7,717.83 CHIEF SERVICE OFFICER 4030 SM $30.86 - - - $37.51 $2,469.06 $3,001.16 CIP PROJECTS SUPV 6405 MM $25.30 $26.56 $27.89 $29.28 $30.75 $2,023.61 $2,124.79 $2,231.03 $2,342.58 $2,459.71 CITY ATTORNEY(ELECTED) 2400 CATY - - - - $103.00 $8,240.16 CITY CLERK 2201 CCLK - $68.68 $5,494.10 CITY ENGINEER 6010 SM $57.67 $70.10 $4,613.96 $5,608.29 CITY MANAGER 2710 CMGR - $114.07 $9,125.83 CIVIL BCKGRND INVEST(HOURLY) 5430 UCHR $22.66 $23.79 $24.98 $26.23 $27.54 $1,812.67 $1,903.30 $1,998.46 $2,098.38 $2,203.31 CIVILIAN BACKGROUND INVEST 5429 CVEA $22.66 $23.79 $24.98 $26.23 $27.54 $1,812.67 $1,903.30 $1,998.46 $2,098.38 $2,203.30 CIVILIAN POLICE INVESTIGATOR 5431 UCHR $25.79 $27.08 $28.43 $29.85 $31.35 $2,063.15 $2,166.32 $2,274.63 $2,388.36 $2,507.78 CLERICAL AIDE 0241 UCHR $10.55 $11.07 $11.63 $12.21 $12.82 $843.66 $885.84 $930.14 $976.64 $1,025.47 CODE ENF OFFICER 1 4777 CVEA $23.73 $24.91 $26.16 $27.47 $28.84 $1,898.28 $1,993.19 $2,092.86 $2,197.50 $2,307.38 CODE ENF OFFICER I(HOURLY) 4776 UCHR $23.73 $24.91 $26.16 $27.47 $28.84 $1,898.29 $1,993.19 $2,092.86 $2,197.50 $2,307.38 CODE ENF OFFICER 11 4779 CVEA $26.10 $27.41 $28.78 $30.22 $31.73 $2,088.11 $2,192.52 $2,302.14 $2,417.25 $2,538.11 CODE ENF OFFICER II(HOURLY) 4778 UCHR $26.10 $27.41 $28.78 $30.22 $31.73 $2,088.11 $2,192.51 $2,302.15 $2,417.25 $2,538.11 CODE ENFORCEMENT MANAGER 4757 SM $47.32 - - - $57.52 $3,785.89 $4,601.77 CODE ENFORCEMENT TECHNICIAN 4789 CVEA $20.63 $21.67 $22.75 $23.89 $25.08 $1,650.68 $1,733.22 $1,819.88 $1,910.87 $2,006.41 COLLECTIONS SUPERVISOR 3683 MM $32.99 $34.64 $36.37 $38.19 $40.10 $2,639.43 $2,771.41 $2,909.98 $3,055.48 $3,208.25 COLLECTIONS SUPERVISOR HOURLY 3687 UCHR $32.99 $34.64 $36.37 $38.19 $40.10 $2,639.43 $2,771.41 $2,909.98 $3,055.48 $3,208.25 COMMUNICATION SYSTEM MGR 5161 MM $29.73 $31.21 $32.77 $34.41 $36.13 $2,378.22 $2,497.13 $2,621.99 $2,753.09 $2,890.74 COMMUNITY SERV OFFICER 5141 CVEA $18.73 $19.66 $20.65 $21.68 $22.76 $1,498.07 $1,572.98 $1,651.63 $1,734.21 $1,820.92 COMPUTER PROG/ANALYST 3021 CVEA $31.07 $32.62 $34.25 $35.97 $37.76 $2,485.44 $2,609.71 $2,740.19 $2,877.20 $3,021.06 COMPUTER PROGRAMMER 3023 CVEA $28.24 $29.66 $31.14 $32.70 $34.33 $2,259.49 $2,372.46 $2,491.09 $2,615.64 $2,746.42 CONSERVATION SPECIALIST 1 6200 CVEA $21.57 $22.65 $23.78 $24.97 $26.22 $1,725.70 $1,811.99 $1,902.59 $1,997.73 $2,097.61 CONSTITUENT SERVICES MANAGER 2038 PRUC $26.89 $28.24 $29.65 $31.13 $32.69 $2,151.42 $2,258.99 $2,371.93 $2,490.53 $2,615.06 CONSTRUCTION&REPAIR MGR 6423 MM $37.46 $39.33 $41.30 $43.36 $45.53 $2,996.62 $3,146.46 $3,303.78 $3,468.97 $3,642.42 COUNCIL ASSISTANT 2023 UCHR $22.91 $24.06 $25.26 $26.52 $27.85 $1,832.86 $1,924.50 $2,020.73 $2,121.76 $2,227.85 COUNCILPERSON 2003 CL - - - - $23.43 $1,874.50 CRIME LABORATORY MANAGER 5101 MM $42.72 $44.86 $47.10 $49.46 $51.93 $3,417.88 $3,588.78 $3,768.22 $3,956.63 $4,154.46 CUSTODIAL&FAC MANAGER 6654 MM $37.46 $39.33 $41.30 $43.36 $45.53 $2,996.62 $3,146.46 $3,303.78 $3,468.97 $3,642.42 CUSTODIAL SUPERVISOR 6667 CVEA $21.90 $23.00 $24.15 $25.35 $26.62 $1,752.09 $1,839.69 $1,931.68 $2,028.26 $2,129.68 CUSTODIAN 6661 CVEA $17.31 $18.18 $19.09 $20.04 $21.04 $1,385.05 $1,454.30 $1,527.01 $1,603.36 $1,683.53 CUSTODIAN(HOURLY) 6662 UCHR $17.31 $18.18 $19.09 $20.04 $21.04 $1,385.04 $1,454.30 $1,527.01 $1,603.36 $1,683.53 DELIVERY DRIVER 7191 CVEA $15.87 $16.66 $17.50 $18.37 $19.29 $1,269.63 $1,333.11 $1,399.77 $1,469.75 $1,543.24 DELIVERY DRIVER(HOURLY) 7192 UCHR $15.87 $16.66 $17.50 $18.37 $19.29 $1,269.63 $1,333.11 $1,399.76 $1,469.76 $1,543.24 DEP CITY MANAGER 2705 EXEC $88.51 - - - $97.59 $7,081.12 $7,806.93 DEPUTY CITY ATTORNEY 1 2410 PRUC $38.66 $40.59 $42.62 $44.75 $46.99 $3,092.81 $3,247.46 $3,409.83 $3,580.32 $3,759.34 DEPUTY CITY ATTORNEY 11 2408 PRUC $46.39 $48.71 $51.15 $53.70 $56.39 $3,711.37 $3,896.94 $4,091.79 $4,296.38 $4,511.20 DEPUTY CITY ATTY 111 2411 SM $59.54 $62.52 $65.64 $68.92 $72.37 $4,763.09 $5,001.24 $5,251.31 $5,513.87 $5,789.53 DEPUTY CITY CLERK 2202 PRUC $26.89 $28.24 $29.65 $31.13 $32.69 $2,151.41 $2,258.98 $2,371.93 $2,490.53 $2,615.06 DEPUTY CITY CLERK 1 2245 PRUC $24.45 $25.67 $26.95 $28.30 $29.72 $1,955.83 $2,053.62 $2,156.30 $2,264.11 $2,377.32 DEPUTY CITY CLERK 11 2243 PRUC $26.89 $28.24 $29.65 $31.13 $32.69 $2,151.41 $2,258.98 $2,371.93 $2,490.53 $2,615.06 DEPUTY FIRE CHIEF 5505 SM $59.53 - - - $72.35 $4,762.11 $5,788.37 DEPUTY FIRE CHIEF(INTERIM) 5504 SM $59.53 - - - $72.35 $4,762.11 $5,788.37 DESIGN REVIEW COORDINATOR 4472 PROF $32.48 $34.10 $35.81 $37.60 $39.48 $2,598.44 $2,728.36 $2,864.78 $3,008.02 $3,158.42 DETENTION FACILITY MANAGER 5130 MM $42.72 $44.86 $47.10 $49.46 $51.93 $3,417.88 $3,588.78 $3,768.22 $3,956.63 $4,154.46 DEVELOPMENT SERVICES TECH 4542 CVEA $19.52 $20.49 $21.52 $22.59 $23.72 $1,561.43 $1,639.50 $1,721.48 $1,807.55 $1,897.93 DEVELOPMENT SVCS DEPT DIR 4039 EXEC $73.90 - - $88.41 $89.84 $5,912.04 - - $7,072.72 $7,187.08 DEVELOPMENT SVCS TECH 11 4541 CVEA $21.47 $22.54 $23.67 $24.85 $26.10 $1,717.58 $1,803.45 $1,893.63 $1,988.31 $2,087.72 DEVELOPMENT SVCS TECH 111 4543 CVEA $24.69 $25.92 $27.22 $28.58 $30.01 $1,975.21 $2,073.97 $2,177.67 $2,286.55 $2,400.88 DEVLPMENT SVCS TECH 11(HRLY) 4544 UCHR $21.47 $22.54 $23.67 $24.85 $26.10 $1,717.57 $1,803.46 $1,893.63 $1,988.31 $2,087.72 DEVLPMT SVCS COUNTER MGR 4547 MM $35.69 $37.48 $39.35 $41.32 $43.38 $2,855.35 $2,998.12 $3,148.02 $3,305.42 $3,470.70 DIR OF ECON DEVELOPMENT 127341 EXEC 1 $56.00 - $79.82 $4,479.69 1 $6,385.74 DIR OF ENG/CITY ENGINEER 160061 EXEC 1 $65.49 $79.60 $5,238.85 1 $6,367.85 Approved and Adopted: Resg01j,4LT4-;04 Agenda Packet Page 140 -N`{(/-cm of Fiscal Year 2014-2015 Compensation Schedule LAuLAvrTA Effective June 27,2014 Hourly Rate Bi-Weekly Rate POSITION TITLE PCN BARG Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E DIR OF FINANCE 3601 EXEC $74.43 - $89.83 $5,954.60 $7,186.12 DIR OF INFO TECH SVCS 3001 EXEC $64.59 $71.21 $78.51 $5,167.37 $5,697.03 $6,280.97 DIR OF LIBRARY 7002 EXEC $69.14 - $83.40 $5,531.32 $6,671.61 DIR OF PUBLIC WORKS 6320 EXEC $73.25 $86.36 $89.83 $5,860.03 $6,908.65 $7,186.12 DIR OF RECREATION 7405 EXEC $59.72 $62.71 $65.84 $69.14 $72.59 $4,777.81 $5,016.70 $5,267.53 $5,530.91 $5,807.46 DIR OF REDEVLPMENT&HOUSING 4201 EXEC $65.49 - - - $79.60 $5,238.85 $6,367.85 ELECTRICIAN 6438 CVEA $25.03 $26.28 $27.60 $28.98 $30.42 $2,002.41 $2,102.53 $2,207.66 $2,318.04 $2,433.95 ELECTRONIC/EQUIP INSTALLER 6492 CVEA $22.75 $23.89 $25.09 $26.34 $27.66 $1,820.37 $1,911.39 $2,006.96 $2,107.31 $2,212.67 ELECTRONICS TECH SUPERVISOR 6472 CVEA $31.66 $33.25 $34.91 $36.65 $38.49 $2,533.10 $2,659.75 $2,792.74 $2,932.38 $3,079.00 ELECTRONICS TECHNICIAN 6475 CVEA $27.53 $28.91 $30.36 $31.87 $33.47 $2,202.69 $2,312.83 $2,428.47 $2,549.89 $2,677.39 EMERGENCY SRVCS COORD(HRLY) 5565 UCHR $35.60 $37.38 $39.25 $41.21 $43.27 $2,848.15 $2,990.55 $3,140.08 $3,297.08 $3,461.94 EMERGENCY SVCS COORDINATOR 5563 MM $35.60 $37.38 $39.25 $41.21 $43.27 $2,848.15 $2,990.55 $3,140.08 $3,297.08 $3,461.94 EMERGENCY SVCS COORDINATOR 5564 PROF $35.60 $37.38 $39.25 $41.21 $43.27 $2,848.15 $2,990.55 $3,140.08 $3,297.08 $3,461.94 EMS NURSE COORDINATOR 5567 PROF $45.03 $47.28 $49.65 $52.13 $54.74 $3,602.57 $3,782.69 $3,971.83 $4,170.42 $4,378.94 ENGINEERING TECH 1 6081 CVEA $23.75 $24.94 $26.19 $27.50 $28.87 $1,900.37 $1,995.39 $2,095.16 $2,199.92 $2,309.91 ENGINEERING TECH II 6071 CVEA $26.13 $27.44 $28.81 $30.25 $31.76 $2,090.41 $2,194.93 $2,304.68 $2,419.91 $2,540.91 ENVIRON SVCS FROG MGR 6201 MM $35.81 $37.60 $39.48 $41.45 $43.52 $2,864.46 $3,007.68 $3,158.07 $3,315.97 $3,481.77 ENVIRONMENTAL HLTH SPECIALIST 6129 CVEA $31.42 $32.99 $34.64 $36.37 $38.19 $2,513.25 $2,638.91 $2,770.86 $2,909.40 $3,054.87 ENVIRONMENTAL RESOURCE SPEC 4464 CVEA $31.42 $32.99 $34.64 $36.37 $38.19 $2,513.25 $2,638.91 $2,770.86 $2,909.40 $3,054.87 ENVIRONMNTL RESOURCE MGR 4463 MM $35.81 $37.60 $39.48 $41.45 $43.52 $2,864.46 $3,007.68 $3,158.07 $3,315.97 $3,481.77 EQUIPMENT MAINTENANCE MANAGER 6505 MM $35.26 $37.03 $38.88 $40.82 $42.86 $2,820.97 $2,962.02 $3,110.11 $3,265.62 $3,428.90 EQUIPMENT MECHANIC 6542 CVEA $23.62 $24.80 $26.04 $27.34 $28.71 $1,889.57 $1,984.05 $2,083.25 $2,187.41 $2,296.78 EQUIPMENT OPERATOR 6361 CVEA $25.14 $26.40 $27.72 $29.10 $30.56 $2,011.09 $2,111.64 $2,217.22 $2,328.09 $2,444.49 EVIDENCE CONTROL ASST 5115 CVEA $18.73 $19.66 $20.65 $21.68 $22.76 $1,498.07 $1,572.98 $1,651.63 $1,734.21 $1,820.92 EVIDENCE CONTROL ASST(HRLY) 5117 UCHR $18.73 $19.66 $20.65 $21.68 $22.76 $1,498.08 $1,572.98 $1,651.63 $1,734.21 $1,820.92 EXECUTIVE SECRETARY 0187 CONF $28.63 $30.06 $31.56 $33.14 $34.79 $2,290.03 $2,404.53 $2,524.76 $2,651.00 $2,783.55 EXECUTIVE SECRETARY(HOURLY) 0188 UCHR $28.63 $30.06 $31.56 $33.14 $34.79 $2,290.03 $2,404.53 $2,524.76 $2,650.99 $2,783.55 FA ACCOUNTING TECHNICIAN 5270 CONF $24.22 $25.43 $26.70 $28.03 $29.44 $1,937.35 $2,034.21 $2,135.92 $2,242.72 $2,354.85 FA ADMIN ANALYST 1 5297 CONF $26.60 $27.93 $29.33 $30.79 $32.33 $2,127.90 $2,234.28 $2,346.00 $2,463.30 $2,586.48 FA ADMIN ANALYST 11 5296 CONF $29.26 $30.72 $32.26 $33.87 $35.56 $2,340.68 $2,457.73 $2,580.60 $2,709.63 $2,845.12 FA ANALYST 5277 CONF $20.33 $21.34 $22.41 $23.53 $24.71 $1,626.07 $1,707.38 $1,792.75 $1,882.38 $1,976.50 FA DIRECTOR OF SD LECC 5274 SM $57.30 - - - $68.76 $4,584.28 $5,501.13 FA EXECUTIVE ASSISTANT 5286 CONF $26.04 $27.34 $28.71 $30.15 $31.65 $2,083.29 $2,187.45 $2,296.83 $2,411.67 $2,532.25 FA GEOSPATIAL INTEL ANALYST 5439 PRUC $37.89 $39.78 $41.77 $43.86 $46.06 $3,031.15 $3,182.73 $3,341.86 $3,508.95 $3,684.40 FA GRAPHIC DESIGNER/WBMSTR 5289 CONF $27.51 $28.89 $30.33 $31.85 $33.44 $2,201.15 $2,311.21 $2,426.60 $2,548.11 $2,675.51 FA INFO SECURITY PROGRAM MGR 5453 MMUC $45.08 $47.34 $49.70 $52.19 $54.80 $3,606.59 $3,786.91 $3,976.26 $4,175.07 $4,383.83 FA LECC IT MANAGER 5440 MMUC $41.22 $43.29 $45.45 $47.72 $50.11 $3,297.90 $3,462.80 $3,635.95 $3,817.74 $4,008.63 FA MANAGEMENT ASSISTANT 5278 CONF $24.80 $26.04 $27.34 $28.71 $30.15 $1,984.09 $2,083.30 $2,187.46 $2,296.83 $2,411.68 FA MICROCOMPUTER SPECIALIST 5443 PRUC $32.86 $34.50 $36.23 $38.04 $39.94 $2,628.82 $2,760.27 $2,898.28 $3,043.19 $3,195.35 FA NTWRK ADMINISTRATOR 1 5292 PRUC $33.07 $34.72 $36.46 $38.28 $40.20 $2,645.62 $2,777.90 $2,916.79 $3,062.63 $3,215.77 FA NTWRK ADMINISTRATOR 11 5294 PRUC $36.38 $38.20 $40.11 $42.11 $44.22 $2,910.18 $3,055.68 $3,208.47 $3,368.90 $3,537.34 FA PROGRAM ANALYST 5444 PRUC $39.20 $41.16 $43.22 $45.38 $47.65 $3,136.28 $3,293.09 $3,457.75 $3,630.63 $3,812.17 FA PROGRAM ASSISTANT 5451 CONF $19.81 $20.80 $21.84 $22.93 $24.08 $1,584.92 $1,664.16 $1,747.37 $1,834.74 $1,926.48 FA PROGRAM MANAGER 5445 SM $44.20 $46.41 $48.73 $51.17 $53.72 $3,535.87 $3,712.66 $3,898.29 $4,093.21 $4,297.87 FA PUBLIC SAFETY ANALYST 5265 CONF $29.26 $30.72 $32.26 $33.87 $35.56 $2,340.67 $2,457.69 $2,580.59 $2,709.61 $2,845.09 FA RCFL NETWRK ENGINEER 5284 CONF $31.93 $33.53 $35.20 $36.96 $38.81 $2,554.36 $2,682.08 $2,816.19 $2,957.00 $3,104.85 FA SR PUBLIC SAFETYANALYST 5414 PRUC $32.35 $33.97 $35.67 $37.45 $39.33 $2,588.25 $2,717.65 $2,853.54 $2,996.22 $3,146.02 FA SR SECRETARY 5477 CONF $20.38 $21.40 $22.47 $23.59 $24.77 $1,630.43 $1,711.96 $1,797.56 $1,887.43 $1,981.80 FACILITY&SUPPLY SPECIALIST 5648 CVEA $20.35 $21.37 $22.44 $23.56 $24.74 $1,628.20 $1,709.61 $1,795.09 $1,884.85 $1,979.09 FACILITY&SUPPLY SPEC(HRLY) 5646 UCHR $20.35 $21.37 $22.44 $23.56 $24.74 $1,628.20 $1,709.61 $1,795.09 $1,884.84 $1,979.09 FAMILY&YOUTH LITERACY COORD 7035 CVEA $24.05 $25.26 $26.52 $27.85 $29.24 $1,924.37 $2,020.58 $2,121.61 $2,227.69 $2,339.08 FIELD MAINTENANCE SPECIALIST 7471 CVEA $18.50 $19.43 $20.40 $21.42 $22.49 $1,480.18 $1,554.20 $1,631.90 $1,713.50 $1,799.18 FINANCE MANAGER 3623 SM $45.93 - - - $55.83 $3,674.27 $4,466.09 FIRE APPARATUS MECH 6521 CVEA $28.33 $29.75 $31.23 $32.79 $34.43 $2,266.30 $2,379.62 $2,498.60 $2,623.53 $2,754.71 FIRE BATTALION CHIEF(112 HR) 5511 IAFF $33.21 $34.87 $36.61 $38.44 $40.36 $3,718.99 $3,904.94 $4,100.20 $4,305.20 $4,520.46 FIRE BATTALION CHIEF(80 HR) 5513 IAFF $46.49 $48.81 $51.25 $53.82 $56.51 $3,718.99 $3,904.94 $4,100.20 $4,305.20 $4,520.46 FIRE BATTALION CHIEF(INTERIM) 5540 IAFF $33.21 $34.87 $36.61 $38.44 $40.36 $3,718.99 $3,904.94 $4,100.19 $4,305.19 $4,520.47 FIRE CAPTAIN(112 HR) 5583 IAFF $26.65 $27.99 $29.39 $30.86 $32.40 $2,985.30 $3,134.57 $3,291.29 $3,455.86 $3,628.65 FIRE CAPTAIN(80 HR) 5581 IAFF $37.32 $39.18 $41.14 $43.20 $45.36 $2,985.30 $3,134.57 $3,291.29 $3,455.86 $3,628.65 FIRE CAPTAIN(INTERIM) 5580 IAFF $26.65 $27.99 $29.39 $30.86 $32.40 $2,985.30 $3,134.57 $3,291.29 $3,455.86 $3,628.65 FIRECHIEF 5501 EXEC $71.43 - $84.67 - $86.83 $5,714.52 $6,773.65 $6,946.05 FIRE CHIEF(INTERIM) 5502 EXEC $71.43 - - - $86.83 $5,714.52 $6,946.05 FIRE DIVISION CHIEF 5507 MMUC $55.36 $58.13 $61.03 $64.09 $67.29 $4,428.80 $4,650.24 $4,882.75 $5,126.89 $5,383.24 FIRE ENG(112 HR) 5603 IAFF $22.73 $23.86 $25.06 $26.31 $27.62 $2,545.33 $2,672.60 $2,806.23 $2,946.54 $3,093.87 FIRE ENG(80 HR) 5601 IAFF $31.82 $33.41 $35.08 $36.83 $38.67 $2,545.33 $2,672.60 $2,806.23 $2,946.54 $3,093.87 FIRE ENGINEER(INTERIM) 5602 IAFF $22.73 $23.86 $25.06 $26.31 1 $27.62 $2,545.33 1 $2,672.61 $2,806.23 $2,946.54 $3,093.87 FIRE INSP/INVEST 1 155301 IAFF 1 $26.91 1 $28.25 1 $29.67 1 $31.15 1 $32.71 E $2,152.66 1 $2,260.29 1 $2,373.31 1 $2,491.97 $2,616.57 Approved and Adopted: Resg01j,4LT4-;04 Agenda Packet Page 141 -N`{(/-cm of Fiscal Year 2014-2015 Compensation Schedule LAULAvrTA Effective June 27,2014 Hourly Rate Bi-Weekly Rate POSITION TITLE PCN BARG Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E FIRE INSP/INVEST II 5531 IAFF $29.60 $31.08 $32.63 $34.26 $35.98 $2,367.92 $2,486.31 $2,610.63 $2,741.15 $2,878.22 FIRE INSP/INVEST II HRLY 5532 UCHR $30.19 $31.70 $33.29 $34.95 $36.70 $2,415.28 $2,536.04 $2,662.84 $2,795.97 $2,935.78 FIRE PREV ENG/INVEST 5528 IAFF $35.70 $37.49 $39.36 $41.33 $43.39 $2,855.99 $2,998.80 $3,148.73 $3,306.17 $3,471.48 FIRE PREVENTION AIDE 5533 UCHR $13.43 $14.10 $14.80 $15.54 $16.32 $1,074.12 $1,127.82 $1,184.22 $1,243.43 $1,305.60 FIREFIGHTER(112 HR) 5623 IAFF $19.31 $20.28 $21.29 $22.36 $23.48 $2,163.26 $2,271.43 $2,385.00 $2,504.25 $2,629.46 FIREFIGHTER(80 HR) 5621 IAFF $27.04 $28.39 $29.81 $31.30 $32.87 $2,163.26 $2,271.43 $2,385.00 $2,504.25 $2,629.46 FIREFIGHTER/PARAMEDIC(112 HR) 5613 IAFF $22.21 $23.32 $24.49 $25.71 $27.00 $2,487.75 $2,612.14 $2,742.75 $2,879.89 $3,023.88 FIREFIGHTER/PARAMEDIC(80 HR) 5611 IAFF $31.10 $32.65 $34.28 $36.00 $37.80 $2,487.75 $2,612.14 $2,742.75 $2,879.89 $3,023.88 FISCAL&MANAGEMENT ANALYST 0216 PRCF $40.49 $42.51 $44.64 $46.87 $49.21 $3,238.94 $3,400.89 $3,570.93 $3,749.47 $3,936.95 FISCAL&MGT ANALYST(HOURL) 0218 UCHR $40.49 $42.51 $44.64 $46.87 $49.21 $3,238.94 $3,400.89 $3,570.93 $3,749.47 $3,936.94 FISCAL OFFICE SPEC(HOURLY) 0170 UCHR $17.69 $18.57 $19.50 $20.47 $21.50 $1,414.84 $1,485.58 $1,559.86 $1,637.85 $1,719.74 FISCAL OFFICE SPECIALIST 0169 CVEA $17.69 $18.57 $19.50 $20.47 $21.50 $1,414.84 $1,485.58 $1,559.86 $1,637.85 $1,719.74 FISCAL SERVICES ANALYST 3610 PROF $40.09 $42.09 $44.20 $46.41 $48.73 $3,207.18 $3,367.54 $3,535.92 $3,712.72 $3,898.35 FLEET INVENTORY CONTROL SPEC 6513 CVEA $23.41 $24.58 $25.80 $27.09 $28.45 $1,872.43 $1,966.05 $2,064.35 $2,167.57 $2,275.95 FLEET MANAGER 6501 MM $39.17 $41.13 $43.19 $45.35 $47.61 $3,133.79 $3,290.48 $3,455.00 $3,627.75 $3,809.14 FORENSICS SPECIALIST 5114 CVEA $28.05 $29.45 $30.92 $32.47 $34.09 $2,243.72 $2,355.91 $2,473.70 $2,597.39 $2,727.26 GARDENER(SEASONAL) 6629 UCHR $17.31 $18.18 $19.09 $20.04 $21.04 $1,385.04 $1,454.30 $1,527.01 $1,603.36 $1,683.53 GARDENER I 6627 CVEA $17.31 $18.18 $19.09 $20.04 $21.04 $1,385.05 $1,454.30 $1,527.01 $1,603.36 $1,683.53 GARDENER II 6623 CVEA $19.04 $20.00 $21.00 $22.05 $23.15 $1,523.56 $1,599.73 $1,679.72 $1,763.71 $1,851.89 GIS MANAGER 3079 MM $40.15 $42.16 $44.27 $46.48 $48.81 $3,212.37 $3,373.00 $3,541.64 $3,718.73 $3,904.66 GIS SPECIALIST 3081 CVEA $28.24 $29.66 $31.14 $32.70 $34.33 $2,259.49 $2,372.46 $2,491.09 $2,615.64 $2,746.42 GIS SPECIALIST(HOURLY) 3092 UCHR $28.24 $29.66 $31.14 $32.70 $34.33 $2,259.49 $2,372.47 $2,491.09 $2,615.64 $2,746.42 GRAPHIC DESIGNER 2775 CVEA $25.02 $26.27 $27.58 $28.96 $30.41 $2,001.60 $2,101.68 $2,206.76 $2,317.10 $2,432.96 GYMNASTIC SPECIALIST 7543 UCHR $15.10 $15.86 $16.65 $17.48 $18.36 $1,208.09 $1,268.50 $1,331.92 $1,398.52 $1,468.44 HOUSING MANAGER 4093 SM $49.43 - - - $59.61 $3,954.52 $4,769.12 HOUSING REHAB SPEC 4791 CVEA $26.10 $27.41 $28.78 $30.22 $31.73 $2,088.11 $2,192.52 $2,302.14 $2,417.25 $2,538.11 HR ANALYST 3310 PRCF $29.09 $30.55 $32.07 $33.68 $35.36 $2,327.38 $2,443.74 $2,565.93 $2,694.23 $2,828.94 HR OPERATIONS MANAGER 3317 SM $45.47 - - - $55.27 $3,637.89 $4,421.88 HRTECHNICIAN 3315 CONF $22.47 $23.60 $24.78 $26.02 $27.32 $1,797.96 $1,887.86 $1,982.25 $2,081.36 $2,185.43 HUMAN SERVICE COORD 7551 CVEA $24.05 $25.26 $26.52 $27.85 $29.24 $1,924.37 $2,020.58 $2,121.61 $2,227.69 $2,339.08 HVAC TECHNICIAN 6430 CVEA $25.03 $26.28 $27.60 $28.98 $30.42 $2,002.41 $2,102.53 $2,207.66 $2,318.04 $2,433.95 INFO TECH MANAGER 5104 SM $48.85 - - - $58.62 $3,908.30 $4,689.97 INFO TECH SUPPORT SPECIALIST 3014 PROF $32.86 $34.50 $36.23 $38.04 $39.94 $2,628.82 $2,760.27 $2,898.28 $3,043.19 $3,195.35 INFORMATION SYS TECH 3041 CVEA $21.98 $23.08 $24.24 $25.45 $26.72 $1,758.73 $1,846.67 $1,939.00 $2,035.95 $2,137.75 INTERN I 0261 UCHR $9.25 $9.71 $10.20 $10.71 $11.25 $740.11 $777.12 $815.98 $856.77 $899.61 INTERN II 0263 UCHR $10.20 $10.71 $11.25 $11.81 $12.40 $815.99 $856.79 $899.62 $944.61 $991.84 INTERN III 0265 UCHR $11.22 $11.78 $12.37 $12.98 $13.63 $897.24 $942.10 $989.20 $1,038.66 $1,090.60 IT SUPPORT SPECIALIST(HOURLY) 3002 UCHR $32.86 $34.50 $36.23 $38.04 $39.94 $2,628.83 $2,760.26 $2,898.28 $3,043.19 $3,195.35 LAND SURVEYOR 6251 WCE $43.35 $45.51 $47.79 $50.18 $52.69 $3,467.77 $3,641.16 $3,823.22 $4,014.38 $4,215.10 LANDSCAPE ARCHITECT 4480 PROF $35.81 $37.60 $39.48 $41.45 $43.52 $2,864.46 $3,007.69 $3,158.07 $3,315.98 $3,481.77 LANDSCAPE INSPECTOR 6291 CVEA $27.32 $28.68 $30.12 $31.62 $33.21 $2,185.43 $2,294.70 $2,409.44 $2,529.91 $2,656.41 LANDSCAPE PLANNER I 4482 CVEA $28.21 $29.62 $31.10 $32.66 $34.29 $2,256.85 $2,369.70 $2,488.18 $2,612.59 $2,743.22 LANDSCAPE PLANNER II 4483 CVEA $31.03 $32.58 $34.21 $35.92 $37.72 $2,482.54 $2,606.66 $2,737.00 $2,873.85 $3,017.54 LATENT PRINT EXAMINER 5111 CVEA $32.25 $33.87 $35.56 $37.34 $39.20 $2,580.29 $2,709.30 $2,844.77 $2,987.00 $3,136.35 LATENT PRINT EXAMINER HRLY 5112 UCHR $32.25 $33.87 $35.56 $37.34 $39.20 $2,580.29 $2,709.30 $2,844.76 $2,987.00 $3,136.35 LAW OFFICE MANAGER 2465 MMUC $30.53 $32.06 $33.66 $35.34 $37.11 $2,442.36 $2,564.48 $2,692.70 $2,827.34 $2,968.71 LEAD CUSTODIAN 6663 CVEA $19.04 $20.00 $21.00 $22.05 $23.15 $1,523.56 $1,599.73 $1,679.72 $1,763.71 $1,851.89 LEGALASSISTANT 0183 CONF $23.89 $25.09 $26.34 $27.66 $29.04 $1,911.33 $2,006.89 $2,107.24 $2,212.60 $2,323.23 LIBRARIAN 1 7075 CVEA $22.69 $23.82 $25.01 $26.26 $27.57 $1,814.80 $1,905.54 $2,000.82 $2,100.86 $2,205.91 LIBRARIAN I(HOURLY) 7076 UCHR $22.69 $23.82 $25.01 $26.26 $27.57 $1,814.80 $1,905.54 $2,000.82 $2,100.87 $2,205.91 LIBRARIAN II 7073 CVEA $24.95 $26.20 $27.51 $28.89 $30.33 $1,996.29 $2,096.10 $2,200.91 $2,310.95 $2,426.50 LIBRARIAN II(HOURLY) 7074 UCHR $24.95 $26.20 $27.51 $28.89 $30.33 $1,996.29 $2,096.10 $2,200.91 $2,310.95 $2,426.50 LIBRARIAN III 7071 CVEA $27.45 $28.82 $30.26 $31.78 $33.36 $2,195.92 $2,305.71 $2,421.00 $2,542.05 $2,669.15 LIBRARYADMIN COORDINATOR 7018 PROF $34.91 $36.65 $38.48 $40.41 $42.43 $2,792.40 $2,932.02 $3,078.62 $3,232.55 $3,394.18 LIBRARYAIDE 7181 UCHR $10.55 $11.07 $11.63 $12.21 $12.82 $843.66 $885.84 $930.14 $976.64 $1,025.47 LIBRARY ASSISTANT 7157 CVEA $16.32 $17.13 $17.99 $18.89 $19.83 $1,305.36 $1,370.63 $1,439.15 $1,511.11 $1,586.67 LIBRARY ASSOCIATE 7091 CVEA $20.62 $21.65 $22.74 $23.87 $25.07 $1,649.82 $1,732.31 $1,818.93 $1,909.88 $2,005.37 LIBRARY ASSOCIATE(HOURLY) 7092 UCHR $20.62 $21.65 $22.74 $23.87 $25.07 $1,649.82 $1,732.31 $1,818.93 $1,909.88 $2,005.37 LIBRARY DIGITAL SERVICES MGR 7025 MM $34.91 $36.65 $38.48 $40.41 $42.43 $2,792.40 $2,932.02 $3,078.62 $3,232.55 $3,394.18 LIBRARY OPERATIONS MANAGER 7029 MM $44.79 $47.02 $49.38 $51.84 $54.44 $3,582.80 $3,761.93 $3,950.03 $4,147.54 $4,354.91 LIBRARY TECHNICIAN 7121 CVEA $18.76 $19.70 $20.69 $21.72 $22.81 $1,501.17 $1,576.23 $1,655.04 $1,737.79 $1,824.68 LIBRARY TECHNICIAN(HOURLY) 7122 UCHR $18.76 $19.70 $20.69 $21.72 $22.81 $1,501.17 $1,576.23 $1,655.04 $1,737.79 $1,824.68 LIBRARY VISITOR ASSISTANT 7185 UCHR $13.25 $13.92 $14.61 $15.34 $16.11 $1,060.32 $1,113.34 $1,169.01 $1,227.46 $1,288.83 LIFEGUARD 1 7587 UCHR $13.82 $14.52 $15.24 $16.00 $16.80 $1,105.96 $1,161.26 $1,219.33 $1,280.29 $1,344.31 LIFEGUARD II 7585 UCHR $15.21 $15.97 $16.77 $17.60 $18.48 $1,216.59 $1,277.42 $1,341.29 $1,408.36 $1,478.77 LITERACY&PROGRAMMING COORD 170341 MM 1 $34.91 1 $36.65 1 $38.48 1 $40.41 $42.43 $2,792.40 $2,932.02 $3,078.62 $3,232.55 $3,394.18 LITERACY TEAM COORD 170361 PROF 1 $30.35 1 $31.86 1 $33.46 1 $35.13 1 $36.89 E $2,427.78 1 $2,549.16 1 $2,676.62 1 $2,810.45 $2,950.98 Approved and Adopted: Resg01j,4LT4-;04 Agenda Packet Page 142 -N`{(/-cm of Fiscal Year 2014-2015 Compensation Schedule LAULAvrTA Effective June 27,2014 Hourly Rate Bi-Weekly Rate POSITION TITLE PCN BARG Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E LOCKSMITH 6443 CVEA $23.84 $25.03 $26.28 $27.60 $28.98 $1,907.05 $2,002.41 $2,102.53 $2,207.65 $2,318.03 MAINTENANCE WORKER 1 6377 CVEA $17.31 $18.18 $19.09 $20.04 $21.04 $1,385.05 $1,454.30 $1,527.01 $1,603.36 $1,683.53 MAINTENANCE WORKER I(HRLY) 6379 UCHR $17.31 $18.18 $19.09 $20.04 $21.04 $1,385.04 $1,454.30 $1,527.01 $1,603.36 $1,683.53 MAINTENANCE WORKER II 6373 CVEA $19.04 $20.00 $21.00 $22.05 $23.15 $1,523.56 $1,599.73 $1,679.72 $1,763.71 $1,851.89 MAINTENANCE WORKER II HRLY 6381 UCHR $19.04 $20.00 $21.00 $22.05 $23.15 $1,523.55 $1,599.74 $1,679.72 $1,763.70 $1,851.89 MANAGEMENT ANALYST 0225 CVEA $29.26 $30.72 $32.26 $33.87 $35.56 $2,340.68 $2,457.72 $2,580.60 $2,709.63 $2,845.12 MARKTNG&COMMUNCTNS MGR 2780 MMUC $41.89 $43.99 $46.19 $48.50 $50.92 $3,351.52 $3,519.10 $3,695.05 $3,879.80 $4,073.78 MARKTNG&COMMUNICATIONS MGR 2781 SM $52.07 - $53.54 - $63.30 $4,165.96 $4,283.46 $5,063.75 MAYOR 2001 MY - - - - $58.58 $4,686.25 MECHANIC ASSISTANT 6550 CVEA $19.02 $19.97 $20.97 $22.02 $23.12 $1,521.83 $1,597.92 $1,677.82 $1,761.71 $1,849.79 MUSEUM ATTENDANT 7215 UCHR $10.94 $11.49 $12.06 $12.67 $13.30 $875.38 $919.15 $965.11 $1,013.36 $1,064.02 OFFICE SPECIALIST 0161 CVEA $16.84 $17.69 $18.57 $19.50 $20.47 $1,347.46 $1,414.84 $1,485.58 $1,559.86 $1,637.83 OFFICE SPECIALIST(HOURLY) 0160 UCHR $16.84 $17.69 $18.57 $19.50 $20.47 $1,347.46 $1,414.84 $1,485.58 $1,559.86 $1,637.82 OFFICE SPECIALIST(MYR/@WILL) 0162 CVEA $16.84 $17.69 $18.57 $19.50 $20.47 $1,347.47 $1,414.84 $1,485.58 $1,559.86 $1,637.82 OFFICE SPECIALIST(MYR/AW/HR) 0156 UCHR $16.84 $17.69 $18.57 $19.50 $20.47 $1,347.47 $1,414.84 $1,485.58 $1,559.86 $1,637.82 OPEN SPACE COORD 6301 MM $32.61 $34.24 $35.95 $37.75 $39.64 $2,608.80 $2,739.24 $2,876.20 $3,020.01 $3,171.02 OPEN SPACE INSPECTOR 6311 CVEA $27.32 $28.68 $30.12 $31.62 $33.21 $2,185.43 $2,294.70 $2,409.44 $2,529.91 $2,656.41 OPEN SPACE MANAGER 6302 MM $35.96 $37.76 $39.65 $41.63 $43.71 $2,876.83 $3,020.67 $3,171.70 $3,330.29 $3,496.80 OPS&TELECOM MGR 3025 MM $40.15 $42.16 $44.27 $46.48 $48.81 $3,212.37 $3,372.99 $3,541.64 $3,718.72 $3,904.66 PAINTER 6434 CVEA $22.75 $23.89 $25.09 $26.34 $27.66 $1,820.37 $1,911.39 $2,006.96 $2,107.31 $2,212.68 PARK RANGER 7434 UCHR $13.25 $13.91 $14.61 $15.34 $16.10 $1,059.90 $1,112.89 $1,168.53 $1,226.96 $1,288.31 PARK RANGER SUPERVISOR 7441 CVEA $29.03 $30.48 $32.00 $33.60 $35.28 $2,322.07 $2,438.31 $2,560.22 $2,688.23 $2,822.64 PARKING CONTROL OFFICER 5151 CVEA $17.02 $17.87 $18.77 $19.71 $20.69 $1,361.89 $1,429.98 $1,501.48 $1,576.55 $1,655.38 PARKING ENFORCEMENT OFFICER 5154 CVEA $17.02 $17.87 $18.77 $19.71 $20.69 $1,361.89 $1,429.98 $1,501.48 $1,576.55 $1,655.38 PARKING METER TECH(HOURLY) 3694 UCHR $18.73 $19.66 $20.65 $21.68 $22.76 $1,498.08 $1,572.98 $1,651.62 $1,734.21 $1,820.92 PARKING METER TECHNICIAN 3693 CVEA $18.73 $19.66 $20.65 $21.68 $22.76 $1,498.08 $1,572.98 $1,651.62 $1,734.20 $1,820.92 PARKS MANAGER 6604 MM $35.26 $37.03 $38.88 $40.82 $42.86 $2,820.97 $2,962.02 $3,110.11 $3,265.62 $3,428.90 PARKS OPERATIONS MANAGER 6610 MM $44.53 $46.76 $49.10 $51.55 $54.13 $3,562.60 $3,740.73 $3,927.77 $4,124.15 $4,330.36 PARKS SUPERVISOR 6605 CVEA $29.03 $30.48 $32.00 $33.60 $35.28 $2,322.20 $2,438.31 $2,560.22 $2,688.23 $2,822.65 PEACE OFFICER 5061 POA $32.33 $33.95 $35.65 $37.43 $39.30 $2,586.52 $2,715.84 $2,851.64 $2,994.22 $3,143.93 PERFORMANCE&ORG DEV MGR 2758 SM $49.68 - - - $59.61 $3,974.30 $4,769.12 PERMITS PROCESSING SUPERVISOR 4719 MM $32.99 $34.64 $36.37 $38.19 $40.10 $2,639.43 $2,771.41 $2,909.98 $3,055.48 $3,208.25 PERSONNEL TECHNICIAN 3341 CONF $21.98 $23.08 $24.23 $25.45 $26.72 $1,758.45 $1,846.37 $1,938.69 $2,035.62 $2,137.40 PLAN CHECK SUPERVISOR 4731 MM $43.85 $46.05 $48.35 $50.77 $53.31 $3,508.37 $3,683.79 $3,867.98 $4,061.38 $4,264.45 PLANNING MANAGER 4727 SM $51.31 - - - $61.90 $4,105.18 $4,952.25 PLANNING TECHNICIAN 4527 CVEA $21.47 $22.54 $23.67 $24.85 $26.10 $1,717.58 $1,803.45 $1,893.63 $1,988.31 $2,087.72 PLANS EXAMINER 4743 WCE $37.69 $39.58 $41.56 $43.63 $45.82 $3,015.46 $3,166.23 $3,324.54 $3,490.77 $3,665.31 PLANS EXAMINER HOURLY 4744 UCHR $37.69 $39.58 $41.56 $43.63 $45.82 $3,015.46 $3,166.23 $3,324.54 $3,490.77 $3,665.31 PLUMBER 6432 CVEA $25.03 $26.28 $27.60 $28.98 $30.42 $2,002.41 $2,102.53 $2,207.65 $2,318.03 $2,433.94 POLICE AGENT 5051 POA $35.60 $37.38 $39.25 $41.21 $43.27 $2,848.18 $2,990.58 $3,140.11 $3,297.12 $3,461.97 POLICE CADET 5427 UCHR $11.22 $11.78 $12.37 $12.98 $13.63 $897.24 $942.10 $989.20 $1,038.66 $1,090.60 POLICE CAPTAIN 5022 SM $61.93 - - - $75.27 $4,954.10 - - $6,021.74 POLICE COMM REL SPECIALIST 5258 CVEA $21.98 $23.08 $24.24 $25.45 $26.72 $1,758.57 $1,846.51 $1,938.83 $2,035.78 $2,137.56 POLICE COMM SYSTEMS MANAGER 5185 MM $39.76 $41.75 $43.83 $46.02 $48.33 $3,180.63 $3,339.65 $3,506.64 $3,681.96 $3,866.07 POLICE DATA SPECIALIST 0163 CVEA $16.84 $17.69 $18.57 $19.50 $20.47 $1,347.46 $1,414.84 $1,485.58 $1,559.86 $1,637.85 POLICE DISPATCHER 5181 CVEA $25.28 $26.54 $27.87 $29.26 $30.73 $2,022.25 $2,123.36 $2,229.53 $2,341.01 $2,458.06 POLICE DISPATCHER(HOURLY) 5180 UCHR $25.28 $26.54 $27.87 $29.26 $30.73 $2,022.25 $2,123.37 $2,229.53 $2,341.01 $2,458.06 POLICE DISPATCHER SUPERVISOR 5183 CVEA $29.07 $30.52 $32.05 $33.65 $35.33 $2,325.59 $2,441.86 $2,563.96 $2,692.16 $2,826.76 POLICE DISPATCHER TRAINEE 5179 CVEA $22.98 $24.13 $25.34 $26.60 $27.93 $1,838.41 $1,930.33 $2,026.84 $2,128.19 $2,234.60 POLICE LIEUTENANT 5031 POA $49.15 $51.60 $54.19 $56.89 $59.74 $3,931.80 $4,128.39 $4,334.81 $4,551.55 $4,779.13 POLICE REC&SUPPORTSUPV 5203 CVEA $22.28 $23.39 $24.56 $25.79 $27.08 $1,782.02 $1,871.12 $1,964.67 $2,062.91 $2,166.06 POLICE RECTRANSCRIPT(HRLY) 0168 UCHR $16.84 $17.69 $18.57 $19.50 $20.47 $1,347.46 $1,414.84 $1,485.58 $1,559.86 $1,637.85 POLICE RECORDS SPEC(HOURLY) 0166 UCHR $16.84 $17.69 $18.57 $19.50 $20.47 $1,347.46 $1,414.84 $1,485.58 $1,559.86 $1,637.85 POLICE RECORDS SPECIALIST 0165 CVEA $16.84 $17.69 $18.57 $19.50 $20.47 $1,347.46 $1,414.84 $1,485.58 $1,559.86 $1,637.85 POLICE RECORDS TRANSCRIPTION 0167 CVEA $16.84 $17.69 $18.57 $19.50 $20.47 $1,347.46 $1,414.84 $1,485.58 $1,559.86 $1,637.85 POLICE RECRUIT 5071 CVEA $24.79 $26.03 - - - $1,983.34 $2,082.51 POLICE SERGEANT 5041 POA $40.95 $43.00 $45.15 $47.41 $49.78 $3,276.25 $3,440.07 $3,612.07 $3,792.67 $3,982.31 POLICE SERVICES OFF(HOURLY) 5133 UCHR $22.66 $23.79 $24.98 $26.23 $27.54 $1,812.67 $1,903.30 $1,998.46 $2,098.38 $2,203.31 POLICE SERVICES OFFICER 5131 CVEA $22.66 $23.79 $24.98 $26.23 $27.54 $1,812.66 $1,903.30 $1,998.46 $2,098.38 $2,203.31 POLICE SERVICES TECHNICIAN 5415 CVEA $21.62 $22.70 $23.83 $25.02 $26.28 $1,729.36 $1,815.82 $1,906.61 $2,001.95 $2,102.04 POLICE SUPPORT SERVICES MGR 5205 MM $33.66 $35.35 $37.11 $38.97 $40.92 $2,692.98 $2,827.63 $2,969.01 $3,117.46 $3,273.33 POLICE SVCS OFFICER SUPERVISOR 5132 CVEA $26.06 $27.37 $28.73 $30.16 $31.67 $2,084.56 $2,189.83 $2,298.22 $2,413.14 $2,533.79 POLICE SVCS TECH(HOURLY) 5416 UCHR $21.62 $22.70 $23.83 $25.02 $26.28 $1,729.36 $1,815.82 $1,906.61 $2,001.95 $2,102.04 POLICE TECHNOLOGY SPECIALIST 5107 CVEA $34.17 $35.88 $37.68 $39.56 $41.54 $2,733.98 $2,870.67 $3,014.20 $3,164.93 $3,323.17 POLICE TRAINING&DEV SUPV 5264 PROF $33.13 $34.78 $36.52 $38.35 $40.27 $2,650.24 $2,782.75 $2,921.90 $3,067.99 $3,221.39 PRINCIPALCIVILENGINEER 160211 MM 1 $47.93 1 $50.33 1 $52.85 1 $55.49 $58.26 $3,834.56 $4,026.29 $4,227.60 $4,438.98 $4,660.94 PRINCIPAL ECONOMIC DEV SPEC 2724 PROF $42.97 $45.12 $47.37 $49.74 $52.23 $3,437.36 $3,609.23 1 $3,789.69 $3,979.17 F$4,178.13 Approved and Adopted: Resg01j,4LT4-;04 Agenda Packet Page 143 -N`{(/-cm of Fiscal Year 2014-2015 Compensation Schedule LAuLAvrTA Effective June 27,2014 Hourly Rate Bi-Weekly Rate POSITION TITLE PCN BARG Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E PRINCIPAL HR ANALYST 3306 PRCF $36.80 $38.64 $40.57 $42.60 $44.73 $2,944.14 $3,091.35 $3,245.92 $3,408.21 $3,578.63 PRINCIPAL LANDSCAPE ARCHITECT 4486 MM $42.72 $44.86 $47.10 $49.46 $51.93 $3,417.89 $3,588.78 $3,768.22 $3,956.63 $4,154.46 PRINCIPAL LIBRARIAN 7051 MM $34.91 $36.65 $38.48 $40.41 $42.43 $2,792.40 $2,932.02 $3,078.62 $3,232.55 $3,394.18 PRINCIPAL MANAGEMENT ANALYST 0208 PROF $37.16 $39.02 $40.97 $43.02 $45.17 $2,973.00 $3,121.66 $3,277.74 $3,441.62 $3,613.71 PRINCIPAL MGMTANALYST(CONF) 0214 PRCF $37.16 $39.02 $40.97 $43.02 $45.17 $2,973.00 $3,121.66 $3,277.74 $3,441.62 $3,613.71 PRINCIPAL MGT ANALYST(HOURLY) 0200 UCHR $36.05 $38.26 $40.18 $42.18 $44.29 $2,883.75 $3,061.04 $3,214.09 $3,374.79 $3,543.54 PRINCIPAL MGT ANALYST(INTERIM) 0212 PROF $36.76 $39.02 $40.97 $43.02 $45.17 $2,940.86 $3,121.66 $3,277.74 $3,441.62 $3,613.71 PRINCIPAL PLANNER 4431 MM $42.97 $45.12 $47.37 $49.74 $52.23 $3,437.36 $3,609.23 $3,789.69 $3,979.17 $4,178.13 PRINCIPAL PROJECT COORDINATOR 4212 PROF $42.97 $45.12 $47.37 $49.74 $52.23 $3,437.36 $3,609.23 $3,789.69 $3,979.17 $4,178.13 PRINCIPAL RECREATION MANAGER 7410 MM $36.23 $38.04 $39.95 $41.94 $44.04 $2,898.54 $3,043.46 $3,195.64 $3,355.42 $3,523.19 PRINCIPAL REVENUE ANALYST 3608 PROF $32.48 $34.10 $35.81 $37.60 $39.48 $2,598.44 $2,728.36 $2,864.78 $3,008.02 $3,158.42 PROCUREMENT SPECIALIST 3721 CVEA $26.56 $27.89 $29.28 $30.75 $32.29 $2,124.87 $2,231.12 $2,342.67 $2,459.81 $2,582.80 PROGRAMMER ANALYST 3090 PROF $32.53 $34.16 $35.87 $37.66 $39.54 $2,602.54 $2,732.67 $2,869.30 $3,012.76 $3,163.40 PROJECT COORDINATOR I 4217 CVEA $28.21 $29.62 $31.10 $32.66 $34.29 $2,256.86 $2,369.69 $2,488.18 $2,612.58 $2,743.21 PROJECT COORDINATOR I(HRLY) 4218 UCHR $28.21 $29.62 $31.10 $32.66 $34.29 $2,256.86 $2,369.69 $2,488.18 $2,612.58 $2,743.22 PROJECT COORDINATOR II 4215 CVEA $31.03 $32.58 $34.21 $35.92 $37.72 $2,482.54 $2,606.66 $2,736.99 $2,873.85 $3,017.54 PROJECT COORDINATOR II(HRLY) 4216 UCHR $31.03 $32.58 $34.21 $35.92 $37.72 $2,482.54 $2,606.66 $2,736.99 $2,873.85 $3,017.54 PUB WORKS SPECIALIST 67121 CVEA $21.78 $22.86 $24.01 $25.21 $26.47 $1,742.01 $1,829.11 $1,920.56 $2,016.59 $2,117.42 PUBLIC INFO OFFICER(HRLY) 5032 UCHR $35.72 $37.50 $39.38 $41.34 $43.41 $2,857.23 $3,000.09 $3,150.09 $3,307.59 $3,472.98 PUBLIC INFO OFFICER(PD) 5034 PROF $35.72 $37.50 $39.38 $41.35 $43.41 $2,857.23 $3,000.09 $3,150.09 $3,307.60 $3,472.98 PUBLIC INFORMATION SPECIALIST 2782 CONF $23.89 $25.09 $26.34 $27.66 $29.04 $1,911.33 $2,006.89 $2,107.24 $2,212.60 $2,323.23 PUBLIC SAFETYANALYST 5254 CVEA $29.26 $30.72 $32.26 $33.87 $35.56 $2,340.69 $2,457.72 $2,580.61 $2,709.64 $2,845.12 PUBLIC SAFETYANALYST(HRLY) 5256 UCHR $29.26 $30.72 $32.26 $33.87 $35.56 $2,340.69 $2,457.72 $2,580.61 $2,709.64 $2,845.12 PUBLIC WORKS COORDINATOR 6324 PROF $32.48 $34.10 $35.81 $37.60 $39.48 $2,598.44 $2,728.36 $2,864.78 $3,008.02 $3,158.42 PUBLIC WORKS INSP I 6123 CVEA $27.32 $28.68 $30.12 $31.62 $33.21 $2,185.43 $2,294.70 $2,409.44 $2,529.91 $2,656.41 PUBLIC WORKS INSP II 6121 CVEA $30.05 $31.55 $33.13 $34.79 $36.53 $2,403.97 $2,524.17 $2,650.38 $2,782.90 $2,922.05 PUBLIC WORKS MANAGER 6336 MM $35.96 $37.76 $39.65 $41.63 $43.71 $2,876.83 $3,020.67 $3,171.70 $3,330.29 $3,496.80 PUBLIC WORKS SUPERVISOR 6337 CVEA $29.03 $30.48 $32.00 $33.60 $35.28 $2,322.20 $2,438.31 $2,560.22 $2,688.23 $2,822.65 PUMP MAINT TECHNICIAN 6396 CVEA $24.80 $26.04 $27.34 $28.71 $30.14 $1,983.87 $2,083.06 $2,187.22 $2,296.58 $2,411.41 PUMP MAINTENANCE SUPERVISOR 6392 CVEA $29.06 $30.51 $32.04 $33.64 $35.32 $2,324.89 $2,441.14 $2,563.20 $2,691.35 $2,825.92 PURCHASING AGENT 3711 SM $45.47 - - - $55.27 $3,637.89 $4,421.88 RANGE MASTER 5417 CVEA $20.60 $21.63 $22.71 $23.85 $25.04 $1,647.88 $1,730.28 $1,816.79 $1,907.63 $2,003.01 RANGE MASTER(HOURLY) 5418 UCHR $20.60 $21.63 $22.71 $23.85 $25.04 $1,647.88 $1,730.27 $1,816.79 $1,907.63 $2,003.01 RCFL NETWORK ENGINEER 5450 UCHR $31.93 $33.53 $35.20 $36.96 $38.81 $2,554.37 $2,682.08 $2,816.19 $2,956.99 $3,104.84 REAL PROPERTY MANAGER 6037 MMUC $42.51 $44.64 $46.87 $49.21 $51.68 $3,401.09 $3,571.14 $3,749.70 $3,937.18 $4,134.04 REC AIDE 7605 UCHR $9.55 $10.03 $10.53 $11.06 $11.61 $764.21 $802.42 $842.54 $884.67 $928.90 REC SPECIALIST 7601 UCHR $15.10 $15.86 $16.65 $17.48 $18.36 $1,208.09 $1,268.50 $1,331.92 $1,398.52 $1,468.44 REC SUPERVISOR I(HOURLY) 7426 UCHR $21.87 $22.96 $24.11 $25.31 $26.58 $1,749.42 $1,836.90 $1,928.74 $2,025.18 $2,126.44 RECORDS MANAGER 2211 MM $30.95 $32.50 $34.13 $35.83 $37.62 $2,476.26 $2,600.08 $2,730.09 $2,866.59 $3,009.92 RECORDS SPECIALIST 2217 CVEA $18.53 $19.45 $20.43 $21.45 $22.52 $1,482.22 $1,556.33 $1,634.14 $1,715.85 $1,801.64 RECREATION LEADER I 7609 UCHR $10.94 $11.49 $12.06 $12.67 $13.30 $875.38 $919.15 $965.08 $1,013.36 $1,064.02 RECREATION LEADER II 7607 UCHR $12.58 $13.21 $13.87 $14.56 $15.29 $1,006.13 $1,056.44 $1,109.27 $1,164.73 $1,222.97 RECREATION SUPERVISOR I 7425 CVEA $21.87 $22.96 $24.11 $25.31 $26.58 $1,749.42 $1,836.89 $1,928.74 $2,025.18 $2,126.43 RECREATION SUPERVISOR II 7423 CVEA $24.05 $25.26 $26.52 $27.85 $29.24 $1,924.37 $2,020.58 $2,121.61 $2,227.69 $2,339.08 RECREATION SUPERVISOR III 7422 CVEA $27.66 $29.05 $30.50 $32.02 $33.62 $2,213.02 $2,323.67 $2,439.87 $2,561.86 $2,689.95 RECYCLING SPECIALIST I 2742 CVEA $21.57 $22.65 $23.78 $24.97 $26.22 $1,725.70 $1,811.99 $1,902.59 $1,997.72 $2,097.61 RECYCLING SPECIALIST II 2744 CVEA $23.73 $24.91 $26.16 $27.47 $28.84 $1,898.28 $1,993.19 $2,092.86 $2,197.50 $2,307.38 REDEVELOPMENT MANAGER 4045 SM $46.78 - - - $56.86 $3,742.50 $4,549.02 REDEVLP COORDINATOR 4042 PROF $44.86 $47.10 $49.46 $51.93 $54.53 $3,588.78 $3,768.22 $3,956.63 $4,154.47 $4,362.19 REGISTERED VET TECH(HOURLY) 5312 UCHR $20.60 $21.63 $22.71 $23.85 $25.04 $1,647.88 $1,730.27 $1,816.79 $1,907.63 $2,003.01 REGISTERED VETERINARY TECH 5307 CVEA $20.60 $21.63 $22.71 $23.85 $25.04 $1,647.88 $1,730.28 $1,816.79 $1,907.63 $2,003.01 RESERVE OFFICER 5081 UCHR $14.24 $14.95 $15.69 $0.00 $0.00 $1,139.42 $1,195.85 $1,255.53 $0.00 $0.00 REVENUE&RECOVERY MANAGER 3680 PROF $32.48 $34.10 $35.81 $37.60 $39.48 $2,598.44 $2,728.36 $2,864.78 $3,008.02 $3,158.42 RISKANALYST 3380 PROF $24.63 $25.87 $27.16 $28.52 $29.94 $1,970.72 $2,069.26 $2,172.72 $2,281.36 $2,395.42 RISK MANAGEMENT SPECIALIST 3386 PROF $28.81 $30.25 $31.76 $33.35 $35.02 $2,304.56 $2,419.78 $2,540.78 $2,667.82 $2,801.21 RISK MANAGER 3361 SM $45.93 - - - $55.83 $3,674.27 - - - $4,466.10 SCHOOL CROSSING GUARD 5143 UCHR $10.05 $10.55 $11.08 $11.64 $12.22 $804.19 $844.39 $886.62 $930.94 $977.49 SEASONAL ASSISTANT 0231 UCHR $9.55 $10.03 $10.53 $11.06 $11.61 $764.21 $802.42 $842.54 $884.67 $928.90 SECRETARY 0171 CVEA $18.53 $19.45 $20.43 $21.45 $22.52 $1,482.21 $1,556.32 $1,634.14 $1,715.85 $1,801.64 SECRETARY(HOURLY) 0152 UCHR $18.53 $19.45 $20.43 $21.45 $22.52 $1,482.21 $1,556.32 $1,634.14 $1,715.85 $1,801.64 SIGNAL SYSTEMS ENGINEER I 6169 CVEA $31.41 $32.98 $34.63 $36.36 $38.17 $2,512.48 $2,638.11 $2,770.01 $2,908.52 $3,053.94 SIGNAL SYSTEMS ENGINEER II 6170 CVEA $34.55 $36.27 $38.09 $39.99 $41.99 $2,763.74 $2,901.92 $3,047.02 $3,199.37 $3,359.33 SIGN ING&STRIPING SUPERVISOR 6355 CVEA $29.03 $30.48 $32.00 $33.60 $35.28 $2,322.20 $2,438.31 $2,560.22 $2,688.23 $2,822.65 SPECIAL EVENTS COORDINATOR 2799 PRUC $35.72 $37.50 $39.38 $41.34 $43.41 $2,857.23 $3,000.09 $3,150.09 $3,307.59 $3,472.98 SPECIAL EVENTS PLANNER 2762 PROF $32.36 $33.98 $35.68 $37.46 $39.34 $2,588.92 $2,718.37 $2,854.28 $2,997.00 $3,146.84 SPECIAL PLANNING PROJ MGR 4101 SM $42.88 - $52.13 $3,430.78 - $4,170.14 SR ACCOUNTANT 3630 MMCF $38.83 $40.77 $42.81 $44.95 $47.20 $3,106.35 $3,261.66 $3,424.76 $3,595.99 $3,775.79 Approved and Adopted: Resgll)1jq LT1-;04 Agenda Packet Page 144 -N`{(/-cm of Fiscal Year 2014-2015 Compensation Schedule LAuLAvrTA Effective June 27,2014 Hourly Rate Bi-Weekly Rate POSITION TITLE PCN BARG Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E SR ACCOUNTING ASST 3651 CVEA $22.02 $23.12 $24.27 $25.49 $26.76 $1,761.22 $1,849.29 $1,941.75 $2,038.84 $2,140.78 SR ADMINISTRATIVE SECRETARY 0145 CONF $26.02 $27.32 $28.69 $30.13 $31.63 $2,081.85 $2,185.94 $2,295.24 $2,410.00 $2,530.50 SR ADMINISTRATIVE SECRETARY 0185 CVEA $26.02 $27.32 $28.69 $30.13 $31.63 $2,081.85 $2,185.94 $2,295.24 $2,410.00 $2,530.50 SR ANIMAL CARE SPECIALIST 5345 CVEA $19.74 $20.73 $21.76 $22.85 $23.99 $1,579.22 $1,658.18 $1,741.09 $1,828.14 $1,919.54 SR APPLICATIONS SUPPORT SPEC 3089 PROF $36.15 $37.95 $39.85 $41.84 $43.94 $2,891.71 $3,036.30 $3,188.11 $3,347.52 $3,514.89 SR ASST CITY ATTORNEY 2403 EXEC $71.43 - - - $86.83 $5,714.52 $6,946.05 SR BENEFITS TECHNICIAN 3403 CONF $25.45 $26.72 $28.06 $29.46 $30.93 $2,035.87 $2,137.66 $2,244.55 $2,356.78 $2,474.61 SR BUILDING INSPECTOR 4781 CVEA $34.56 $36.29 $38.10 $40.00 $42.00 $2,764.57 $2,902.80 $3,047.93 $3,200.33 $3,360.35 SR BUSINESS LICENSE REP 4507 CVEA $22.02 $23.12 $24.27 $25.49 $26.76 $1,761.22 $1,849.29 $1,941.75 $2,038.84 $2,140.78 SR CIVIL ENGINEER 6019 WCE $43.35 $45.51 $47.79 $50.18 $52.69 $3,467.77 $3,641.17 $3,823.23 $4,014.39 $4,215.10 SR CODE ENF OFF(HOURLY) 4764 UCHR $33.02 $34.67 $36.40 $38.22 $40.13 $2,641.45 $2,773.54 $2,912.21 $3,057.82 $3,210.71 SR CODE ENFORCEMENT OFF 4763 CVEA $33.02 $34.67 $36.40 $38.22 $40.13 $2,641.46 $2,773.53 $2,912.21 $3,057.82 $3,210.71 SR COUNCIL ASST 2027 CONF $16.05 $16.86 $17.70 $18.58 $19.51 $1,284.24 $1,348.45 $1,415.87 $1,486.67 $1,561.00 SR COUNCIL ASST 2025 UCHR $25.45 $26.73 $28.06 $29.47 $30.94 $2,036.31 $2,138.13 $2,245.03 $2,357.28 $2,475.15 SR DEPUTY CITY CLERK 2208 PRUC $30.93 $32.47 $34.10 $35.80 $37.59 $2,474.12 $2,597.83 $2,727.72 $2,864.10 $3,007.31 SR ECONOMIC DEV SPEC 2725 PROF $28.24 $29.66 $31.14 $32.69 $34.33 $2,259.44 $2,372.42 $2,491.04 $2,615.59 $2,746.37 SR EDUC SERVICES SUPERVISOR 7457 CVEA $27.66 $29.05 $30.50 $32.02 $33.62 $2,213.02 $2,323.67 $2,439.87 $2,561.86 $2,689.95 SR ELECTRICIAN 6442 CVEA $28.78 $30.22 $31.74 $33.32 $34.99 $2,302.77 $2,417.91 $2,538.81 $2,665.75 $2,799.03 SR ENGINEERING TECHNICIAN 6059 CVEA $30.05 $31.55 $33.13 $34.79 $36.53 $2,403.97 $2,524.17 $2,650.38 $2,782.90 $2,922.05 SR EQUIPMENT MAINTENANCE SUPV 6503 MM $31.06 $32.61 $34.24 $35.95 $37.75 $2,484.57 $2,608.80 $2,739.24 $2,876.20 $3,020.01 SR EQUIPMENT MECHANIC 6512 CVEA $27.16 $28.52 $29.95 $31.44 $33.02 $2,173.00 $2,281.66 $2,395.74 $2,515.52 $2,641.30 SR EVIDENCE CONTROL ASST 5119 CVEA $21.53 $22.61 $23.74 $24.93 $26.18 $1,722.79 $1,808.93 $1,899.37 $1,994.35 $2,094.06 SR FIRE INSP/INVEST 5529 IAFF $34.38 $36.10 $37.91 $39.80 $41.79 $2,750.61 $2,888.15 $3,032.55 $3,184.17 $3,343.39 SR FISCAL OFFICE SPECIALIST 0141 CONF $19.45 $20.43 $21.45 $22.52 $23.65 $1,556.32 $1,634.14 $1,715.85 $1,801.64 $1,891.72 SR FISCAL OFFICE SPECIALIST 0175 CVEA $19.45 $20.43 $21.45 $22.52 $23.65 $1,556.32 $1,634.14 $1,715.85 $1,801.64 $1,891.72 SR GARDENER 6621 CVEA $22.85 $24.00 $25.20 $26.46 $27.78 $1,828.27 $1,919.68 $2,015.67 $2,116.45 $2,222.28 SR GIS SPECIALIST 3080 CVEA $31.07 $32.62 $34.25 $35.97 $37.76 $2,485.44 $2,609.71 $2,740.19 $2,877.20 $3,021.06 SR GRAPHIC DESIGNER 2764 PROF $32.36 $33.98 $35.68 $37.46 $39.34 $2,588.92 $2,718.37 $2,854.28 $2,997.00 $3,146.84 SR HR ANALYST 3308 PRCF $33.46 $35.13 $36.89 $38.73 $40.67 $2,676.48 $2,810.30 $2,950.83 $3,098.37 $3,253.28 SR HUMAN RESOURCES TECHNICIAN 3316 CONF $25.85 $27.14 $28.50 $29.92 $31.42 $2,067.88 $2,171.28 $2,279.83 $2,393.84 $2,513.52 SR HVAC TECHNICIAN 6441 CVEA $28.78 $30.22 $31.74 $33.32 $34.99 $2,302.77 $2,417.91 $2,538.81 $2,665.75 $2,799.03 SR INFO TECH SUPPORT SPEC 3012 PROF $36.15 $37.95 $39.85 $41.84 $43.94 $2,891.71 $3,036.30 $3,188.11 $3,347.52 $3,514.89 SR LANDSCAPE INSPECTOR 6295 CVEA $31.42 $32.99 $34.64 $36.37 $38.19 $2,513.25 $2,638.91 $2,770.86 $2,909.40 $3,054.87 SR LEGAL ASSISTANT 2463 CONF $26.28 $27.59 $28.97 $30.42 $31.94 $2,102.46 $2,207.59 $2,317.97 $2,433.86 $2,555.56 SR LIBRARIAN 7053 MM $30.35 $31.87 $33.46 $35.14 $36.89 $2,428.18 $2,549.59 $2,677.07 $2,810.92 $2,951.47 SR LIFEGUARD 7589 UCHR $16.72 $17.55 $18.43 $19.35 $20.32 $1,337.40 $1,404.27 $1,474.48 $1,548.21 $1,625.62 SR MAINTENANCE WORKER 6371 CVEA $22.85 $24.00 $25.20 $26.46 $27.78 $1,828.27 $1,919.68 $2,015.67 $2,116.45 $2,222.28 SR MANAGEMENT ANALYST 0206 PROF $33.78 $35.47 $37.25 $39.11 $41.06 $2,702.72 $2,837.86 $2,979.76 $3,128.74 $3,285.18 SR MANAGEMENT ANALYST(HOURLY) 0210 UCHR $33.78 $35.47 $37.25 $39.11 $41.06 $2,702.72 $2,837.85 $2,979.76 $3,128.74 $3,285.18 SR OFFICE SPECIALIST 0173 CVEA $18.53 $19.45 $20.43 $21.45 $22.52 $1,482.21 $1,556.32 $1,634.14 $1,715.85 $1,801.64 SR OFFICE SPECIALIST(HOURLY) 0174 UCHR $18.53 $19.45 $20.43 $21.45 $22.52 $1,482.21 $1,556.32 $1,634.14 $1,715.85 $1,801.64 SR OPEN SPACE INSPECTOR 6309 CVEA $31.42 $32.99 $34.64 $36.37 $38.19 $2,513.25 $2,638.91 $2,770.86 $2,909.40 $3,054.87 SR PARK RANGER 7439 CVEA $22.85 $24.00 $25.20 $26.46 $27.78 $1,828.27 $1,919.68 $2,015.67 $2,116.46 $2,222.27 SR PLANNER 4432 PROF $35.81 $37.60 $39.48 $41.45 $43.52 $2,864.46 $3,007.69 $3,158.07 $3,315.98 $3,481.77 SR PLANNING TECHNICIAN 4529 CVEA $24.69 $25.92 $27.22 $28.58 $30.01 $1,975.21 $2,073.97 $2,177.67 $2,286.55 $2,400.88 SR PLANS EXAMINER 4733 WCE $41.46 $43.54 $45.71 $48.00 $50.40 $3,317.01 $3,482.86 $3,657.00 $3,839.85 $4,031.84 SR POLICE DATA SPECIALIST 0164 CVEA $19.37 $20.34 $21.36 $22.42 $23.54 $1,549.59 $1,627.07 $1,708.42 $1,793.84 $1,883.54 SR PROCUREMENT SPECIALIST 3728 PROF $29.37 $30.84 $32.38 $34.00 $35.70 $2,349.62 $2,467.10 $2,590.46 $2,719.98 $2,855.98 SR PROGRAMMER ANALYST 3091 PROF $36.50 $38.33 $40.25 $42.26 $44.37 $2,920.34 $3,066.36 $3,219.68 $3,380.66 $3,549.69 SR PROJECT COORDINATOR 4214 PROF $35.81 $37.60 $39.48 $41.45 $43.52 $2,864.47 $3,007.69 $3,158.07 $3,315.97 $3,481.78 SR PUBLIC SAFETY ANALYST 5260 PROF $32.35 $33.97 $35.67 $37.45 $39.33 $2,588.26 $2,717.67 $2,853.56 $2,996.23 $3,146.05 SR PUBLIC WORKS INSP 6101 CVEA $34.56 $36.29 $38.10 $40.00 $42.00 $2,764.57 $2,902.80 $3,047.94 $3,200.33 $3,360.35 SR PUBLIC WORKS SPECIALIST 6702 CVEA $26.13 $27.44 $28.81 $30.25 $31.76 $2,090.41 $2,194.93 $2,304.68 $2,419.91 $2,540.91 SR RECORDS SPECIALIST 2215 CVEA $21.31 $22.37 $23.49 $24.67 $25.90 $1,704.54 $1,789.77 $1,879.26 $1,973.23 $2,071.89 SR RECREATION MGR 7421 MM $31.20 $32.76 $34.39 $36.11 $37.92 $2,495.76 $2,620.54 $2,751.57 $2,889.15 $3,033.61 SR RISK MANAGEMENT SPECIALIST 3385 PROF $33.46 $35.13 $36.89 $38.73 $40.67 $2,676.48 $2,810.30 $2,950.83 $3,098.37 $3,253.28 SR SECRETARY 0139 CONF $20.38 $21.40 $22.47 $23.59 $24.77 $1,630.43 $1,711.95 $1,797.55 $1,887.43 $1,981.80 SR SECRETARY 0177 CVEA $20.38 $21.40 $22.47 $23.59 $24.77 $1,630.43 $1,711.95 $1,797.55 $1,887.43 $1,981.80 SR SECRETARY(HOURLY) 0178 UCHR $20.38 $21.40 $22.47 $23.59 $24.77 $1,630.44 $1,711.96 $1,797.55 $1,887.43 $1,981.80 SRTREETRIMMER 6573 CVEA $25.14 $26.40 $27.72 $29.10 $30.56 $2,011.09 $2,111.64 $2,217.22 $2,328.09 $2,444.49 STOREKEEPER 3734 CVEA $19.04 $20.00 $21.00 $22.05 $23.15 $1,523.56 $1,599.73 $1,679.72 $1,763.71 $1,851.89 STOREKEEPER SUPERVISOR 3732 CVEA $22.85 $24.00 $25.20 $26.46 $27.78 $1,828.27 $1,919.68 $2,015.67 $2,116.45 $2,222.28 STORMWTR COMPLNCE INSP 1 6127 CVEA $24.83 $26.08 $27.38 $28.75 $30.19 $1,986.75 $2,086.09 $2,190.39 $2,299.91 $2,414.91 STORMWTR COMPLNCE INSP 11 6125 CVEA $27.32 $28.68 $30.12 $31.62 $33.21 $2,185.44 $2,294.70 $2,409.44 $2,529.91 $2,656.41 SURVEY TECHNICIAN 6151 CVEA $23.75 $24.94 $26.19 $27.50 $28.87 $1,900.37 $1,995.39 $2,095.16 $2,199.92 $2,309.91 SURVEYTECHNICIAN11 161411 CVEA 1 $26.13 1 $27.44 1 $28.81 1 $30.25 1 $31.76 $2,090.41 $2,194.93 $2,304.68 $2,419.91 $2,540.91 SYSTEMS/DATABASEADMINISTRATR 130151 PROF 1 $36.14 1 $37.95 1 $39.85 1 $41.84 1 $43.93 E $2,891.47 1 $3,036.05 1 $3,187.85 1 $3,347.24 $3,514.60 Approved and Adopted: Resg01j,4LT4-;04 Agenda Packet Page 145 -N`{(/-cm of Fiscal Year 2014-2015 Compensation Schedule LAULAvrTA Effective June 27,2014 Hourly Rate Bi-Weekly Rate POSITION TITLE PCN BARG Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E TELECOMMUNICATIONS SPECIALIST 3027 CVEA $21.98 $23.08 $24.24 $25.45 $26.72 $1,758.74 $1,846.66 $1,939.00 $2,035.95 $2,137.75 TINYTOT AIDE 7503 UCHR $12.58 $13.21 $13.87 $14.56 $15.29 $1,006.13 $1,056.44 $1,109.27 $1,164.73 $1,222.97 TINYTOT SPECIALIST 7505 UCHR $15.10 $15.86 $16.65 $17.48 $18.36 $1,208.09 $1,268.50 $1,331.92 $1,398.52 $1,468.44 TRAFFIC DEVICES TECH 6177 CVEA $27.53 $28.91 $30.36 $31.87 $33.47 $2,202.69 $2,312.83 $2,428.47 $2,549.89 $2,677.39 TRAFFIC DEVICES TECH SUPV 6175 CVEA $31.66 $33.25 $34.91 $36.65 $38.49 $2,533.10 $2,659.75 $2,792.74 $2,932.38 $3,079.00 TRAFFIC ENGINEER 6024 PROF $37.37 $39.24 $41.20 $43.26 $45.42 $2,989.46 $3,138.93 $3,295.88 $3,460.68 $3,633.71 TRAFFIC OFFICER(HOURLY) 5293 UCHR $14.24 $14.95 $15.69 - - $1,139.42 $1,195.84 $1,255.53 - - TRAINING PROGRAM SPEC(HRLY) 5250 UCHR $21.98 $23.08 $24.24 $25.45 $26.72 $1,758.57 $1,846.51 $1,938.84 $2,035.78 $2,137.56 TRAINING PROGRAMS SPECIALIST 5262 CVEA $21.98 $23.08 $24.24 $25.45 $26.72 $1,758.57 $1,846.51 $1,938.83 $2,035.78 $2,137.56 TRANS ENGINEER W/CERT 6031 WCE $43.35 $45.51 $47.79 $50.18 $52.69 $3,467.77 $3,641.16 $3,823.22 $4,014.38 $4,215.10 TRANS ENGINEER W/O CERT 6033 WCE $41.28 $43.35 $45.51 $47.79 $50.18 $3,302.64 $3,467.77 $3,641.16 $3,823.22 $4,014.38 TRANSIT MANAGER 6218 MMUC $45.69 $47.97 $50.37 $52.89 $55.54 $3,655.16 $3,837.92 $4,029.82 $4,231.31 $4,442.87 TRANSIT OPERATIONS COORD 6224 PROF $36.62 $38.45 $40.37 $42.39 $44.51 $2,929.22 $3,075.68 $3,229.46 $3,390.94 $3,560.48 TREASURY MANAGER 3682 SM $45.93 - - - $55.83 $3,674.27 $4,466.10 TREASURY MANAGER(HRLY) 3684 UCHR $45.47 $47.75 $50.13 $52.64 $55.27 $3,637.89 $3,819.79 $4,010.77 $4,211.31 $4,421.88 TREETRIMMER 6575 CVEA $20.95 $22.00 $23.10 $24.25 $25.46 $1,675.91 $1,759.70 $1,847.69 $1,940.07 $2,037.08 TREE TRIMMER SUPERVISOR 6572 CVEA $28.91 $30.36 $31.87 $33.47 $35.14 $2,312.76 $2,428.40 $2,549.82 $2,677.31 $2,811.17 URBAN FORESTRY MANAGER 3891 MM $35.26 $37.03 $38.88 $40.82 $42.86 $2,820.97 $2,962.02 $3,110.11 $3,265.62 $3,428.90 VETERINARIAN 5321 PROF $36.69 $38.52 $40.45 $42.47 $44.59 $2,934.87 $3,081.61 $3,235.69 $3,397.48 $3,567.37 VETERINARIAN(HOURLY) 5308 UCHR $45.85 $48.15 $50.56 $53.09 $55.74 $3,667.78 $3,852.02 $4,044.62 $4,246.85 $4,459.19 VETERINARIAN(PERMITTED) 5331 PROF $51.65 $54.24 $56.95 $59.80 $62.79 $4,132.31 $4,338.92 $4,555.87 $4,783.66 $5,022.84 VETERINARIAN-PERMITTED 5322 UCHR $64.84 $68.08 $71.48 $75.06 $78.81 $5,186.99 $5,446.34 $5,718.66 $6,004.59 $6,304.82 VETERINARY ASSISTANT 5325 CVEA $17.17 $18.02 $18.93 $19.87 $20.86 $1,373.23 $1,441.90 $1,514.00 $1,589.69 $1,669.18 VETERINARY ASSISTANT(HOURLY) 5323 UCHR $17.17 $18.02 $18.92 $19.87 $20.86 $1,373.24 $1,441.90 $1,513.99 $1,589.69 $1,669.18 VOLUNTEER COORD(DEPT) 7131 CVEA $18.76 $19.70 $20.69 $21.72 $22.81 $1,501.17 $1,576.23 $1,655.04 $1,737.79 $1,824.68 VOLUNTEER COORD(DEPT)(HOURLY) 7132 UCHR $18.76 $19.70 $20.69 $21.72 $22.81 $1,501.17 $1,576.23 $1,655.04 $1,737.79 $1,824.68 WASTEWATER COLLECTIONS MGR 6334 MM $40.98 $43.03 $45.18 $47.44 $49.81 $3,278.51 $3,442.44 $3,614.56 $3,795.29 $3,985.05 WEBMASTER 2777 CVEA $28.24 $29.66 $31.14 $32.70 $34.33 $2,259.49 $2,372.46 $2,491.09 $2,615.64 $2,746.42 WEBMASTER(HOURLY) 2790 UCHR $28.24 $29.66 $31.14 $32.70 $34.33 $2,259.49 $2,372.47 $2,491.09 $2,615.64 $2,746.42 YOUTH COORDINATOR 17481FCVEA 1 24.05 1 $25.26 $26.52 $27.85 $29.24 $1,924.37 $2,020.58 $2,121.61 $2,227.69 $2,339.08 Chula Vista Police Officers'Association(POA)Represented Classifications Salaries Effective 12/26/2014 Hourly Rate Bi-Weekly Rate POSITION TITLE PCN BARG Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E PEACE OFFICER 5061 PDA $33.30 $34.97 $36.71 $38.55 $40.48 $2,664.11 $2,797.32 $2,937.19 $3,084.05 $3,238.25 POLICE AGENT 5051 PDA $36.67 $38.50 $40.43 $42.45 $44.57 $2,933.62 $3,080.30 $3,234.31 $3,396.03 $3,565.83 POLICE LIEUTENANT 5031 PDA $50.62 $53.15 $55.81 $58.60 $61.53 $4,049.76 $4,252.24 $4,464.86 $4,688.10 $4,922.50 POLICE SERGEANT 5041 PDA $42.18 $44.29 $46.51 $48.83 $51.27 $3,374.54 $3,543.27 $3,720.43 $3,906.46 $4,101.78 Revised: July 25,2014 August 8,2014 October 14,2014 Approved and Adopted: Resg0t1,4LT1-;04 Agenda Packet Page 146 RESOLUTION NO. RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA POLICE OFFICERS' ASSOCIATION BARGAINING UNIT ("CVPOA") RELATED TO COMPENSATION AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY DOCUMENTS AND/OR MOU AS MAY BE REQUIRED TO IMPLEMENT THE MEMORANDUM OF UNDERSTANDING WHEREAS, the Memorandum of Understanding between the City of Chula Vista and the Chula Vista Police Officers' Association (CVPOA) expired June 30, 2014; and WHEREAS, negotiating teams representing CVPOA and the City have worked collaboratively toward the development of a mutually beneficial MOU that would assist the City in the recruitment and retention of sworn Police Officers where we are experiencing higher than normal vacancies; WHEREAS, the City and CVPOA bargaining unit have met and conferred in good faith, as required by the Meyers-Milias-Brown Act (Govt. Code Section 3500 et. seq.; "MMBA"); and WHEREAS, the City and CVPOA have reached an agreement with regards to term and effect, compensation and other terms and conditions of employment, and consistent with the MMBA,have set forth those terms in a Memorandum of Understanding (MOU), which has been designated as Exhibit A for identification in this resolution; and WHEREAS, the proposed salary and benefit enhancements were ratified by a majority of the CVPOA membership at a general membership meeting on October 1, 2014. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby does (1) approve the MOU between the City of Chula Vista and CVPOA; (2) authorize the City Manager or his designee(s) to execute said MOU; and (3) authorize the City Manager or his designee to make such minor modifications to said MOU as may be approved or recommended by the City Attorney's Office. Presented by Approved as to form by Kelley K. Bacon Glen R. Googins Director of Human Resources City Attorney 2014-11-04 Agenda Packet Page 147 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2014/15 BUDGET TO ACCOUNT FOR THE PROPOSED SALARY INCREASE FOR CHULA VISTA POLICE OFFICERS' ASSOCIATION WHEREAS, the City has reached agreement with the Chula Vista Police Officers' Association (CVPOA) bargaining unit on a Memorandum of Understanding for Fiscal Years 2014, 2015 and 2016; and WHEREAS, the Fiscal Year 2014/15 implementation costs related to this agreement are estimated at $410,500 to the General Fund, and a combined estimated cost of $10,750 to the Supplemental Law Enforcement Service Fund and the Police Grants Fund these costs to be funded by the General Fund; and WHEREAS, these Fiscal Year 2014/15 costs will be offset by unanticipated revenues recognized subsequent to the adoption of the budget resulting in no fiscal impact; and WHEREAS, the annualized costs related to the CVPOA agreement will be incorporated into the Fiscal Year 2015/16 baseline budget and will be brought to Council for approval as part of the annual budget process; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it does hereby adopt a resolution amending the Fiscal Year 2014/15 budget to account for the proposed salary increase for Chula Vista Police Officers' Association and approves the following appropriations: Personnel Total General Fund Department Services Transfers Out Expenditures Revenue Net Impact Police $ 410,500 $ - $ 410,500 $ - $ 410,500 Non-Departmental $ - $ 10,750 $ 10,750 $ - $ 10,750 Total General Fund $ 410,500 $ 10,750 $ 421,250 $ - $ 421,250.141111- Supp. Law Enforcement Svc. Fund $ 5,090 $ 5,090 $ 5,090 $ - PoliceGrants Fund $ 5,660 $ 5,660 $ 5,660 $ - Total Other Funds $ 10,750 $ 10,750 $ 10,750 $ - Total All Funds $ 421,250 $ 10,750 $ 432,000 $ 10,750 $ 421,250 2014-11-04 Agenda Packet Page 148 Resolution No. Page 2 Presented by Approved as to form by Kelley K. Bacon Glen R. Googins Director of Human Resources City Attorney 2014-11-04 Agenda Packet Page 149 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2014/15 COMPENSATION SCHEDULE AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5 WHEREAS, California Code of Regulations, Title 2, Section 570.5 requires that, for purposes of determining a retiring employee's pension allowance, the pay rate be limited to the amount listed on a pay schedule that meets certain requirements and be approved by the governing body in accordance with the requirements of the applicable public meeting laws; and WHEREAS, the Fiscal Year 2014/15 Compensation Schedule ("Compensation Schedule") was originally approved by the City Council at their meeting of July 8, 2014 and subsequently revised and approved by the City Council on July 25, 2014, and August 8, 2014; and WHEREAS, any changes including but not limited to, across-the-board increases, classification changes and salary adjustments approved subsequent to this date, will be reflected on a revised Compensation Schedule and submitted to Council approval; and WHEREAS, the City has reached agreement with the Chula Vista Police Officers' Association (CVPOA) bargaining unit on a Memorandum of Understanding (MOU) for fiscal years 2014, 2015 and 2016; and WHEREAS, the MOU includes a provision for a three percent(3%) salary adjustment for classifications represented by CVPOA in the first full pay period of January 2015. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby does adopt the amendments to the compensation schedule and classification plan to reflect the three percent (3%) salary adjustment effective December 26, 2014 given to classifications represented by CVPOA. Presented by Approved as to form by Kelley K. Bacon Glen R. Googins Director of Human Resources City Attorney 2014-11-04 Agenda Packet Page 150 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0582, Item#: 9. CONSIDERATION OF FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR AMENDMENTS TO THE GENERAL PLAN, OTAY RANCH GENERAL DEVELOPMENT PLAN, OTAY RANCH VILLAGES TWO, THREE AND A PORTION OF FOUR SECTIONAL PLANNING AREA PLAN, FOUR ASSOCIATED TENTATIVE MAPS AND A DEVELOPMENT AGREEMENT A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING CERTAIN FINDINGS OF FACT; ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS; ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM FOR AMENDMENTS TO THE GENERAL PLAN, THE OTAY RANCH GENERAL DEVELOPMENT PLAN, THE OTAY RANCH VILLAGES TWO, THREE AND A PORTION OF FOUR SECTIONAL PLANNING AREA PLAN; AND APPROVING FOUR TENTATIVE MAPS AND A DEVELOPMENT AGREEMENT B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE CHULA VISTA GENERAL PLAN; OTAY RANCH GENERAL DEVELOPMENT PLAN (GDP), OTAY RANCH VILLAGES TWO, THREE AND A PORTION OF VILLAGE FOUR SECTIONAL PLANNING AREA (SPA) PLAN, AND ASSOCIATED REGULATORY DOCUMENTS INCLUDING A DEVELOPMENT AGREEMENT IN ORDER TO ADD 1 ,562 UNITS AMONG THIRTY SIX NEIGHBORHOODS AND PLANNING AREAS WITHIN VILLAGE 2 LOCATED SOUTH OF OLYMPIC PARKWAY AND WEST OF LA MEDIA ROAD C. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE OTAY RANCH VILLAGE 2 PLANNED COMMUNITY DISTRICT REGULATIONS AND LAND USE DISTRICTS MAP FOR 26 NEIGHBORHOODS AND 10 PLANNING AREAS (FIRST READING) D. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A TENTATIVE SUBDIVISION MAP WITHIN OTAY RANCH VILLAGE 2 NORTH - CHULA VISTA TRACT 12-02 E. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A TENTATIVE SUBDIVISION MAP WITHIN OTAY RANCH VILLAGE 2 City of Chula Vista Page 1 of 26 Printed on 10/31/2014 2014-11-04 Agenda Packet powered by Leg age 151 File#: 14-0582, Item#: 9. WEST - CHULA VISTA TRACT 12-03 F. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A TENTATIVE SUBDIVISION MAP WITHIN OTAY RANCH VILLAGE 2 - CHULA VISTA TRACT 12-04 G. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A TENTATIVE SUBDIVISION MAP WITHIN OTAY RANCH VILLAGE 2 SOUTH - CHULA VISTA TRACT 12-05 H. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CHULA VISTA, BALDWIN AND SONS, LLC AND SUNRANCH CAPITAL PARTNERS FOR PORTIONS OF OTAY RANCH VILLAGE TWO (FIRST READING) RECOMMENDED ACTION Council conduct the public hearing, adopt the resolutions and place the ordinances on first reading. SUMMARY Baldwin & Sons, LLC ("Applicant" or "Developer") is proposing to add 1 ,562 residential units within only the Otay Ranch Village 2 portion of the Village of Montecito & Otay Ranch Business Park Sectional Planning Area (SPA) Plan ("Village 2 SPA Plan"), including 1 ,632 new multi-family units and a reduction of 70 single family units. In order to do so, amendments to the General Plan, Otay Ranch General Development Plan (GDP), the Village 2 SPA Plan, the associated Planned Community (PC) District Regulations and regulatory documents, Supplemental Public Facilities Finance Plan (PFFP) and the Village Design Plan components, including provision of elementary schools, Community Purpose Facilities, Parks, etc. to support the requested units must be approved. In addition, a Supplemental EIR and previous EIR must be considered. The project also includes four new Tentative Maps to accommodate the 1 ,562 unit addition ("Village 2 Comp SPA"). On July 9, 2012 the applicant filed applications to process all of the subject items. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project may have a significant effect on the environment as identified in previous FEIR 02-02; therefore, the City of Chula Vista has prepared a Supplemental Environmental Impact Report, SEIR-12-01 / SCH 2003091012 pursuant to CEQA. BOARD/COMMISSION RECOMMENDATION On October 8, 2014 the proposed Project was presented to the Planning Commission. A motion was made to recommend that the City Council make certain Findings of Fact; adopt a Statement of City of Chula Vista Page 2 of 26 Printed on 10/31/2014 2014-11-04 Agenda Packet powered by Leg age 152 File#: 14-0582, Item#: 9. Overriding Considerations; Adopt a Mitigation Monitoring and Reporting Program and Certify the Final Supplemental Environment Impact Report (FSEIR 12-01/SCH 2004091012 for amendments to the General Plan, Otay Ranch General Development Plan, Otay Ranch Villages Two, Three and a portion of Four Sectional Planning Area Plan, four associated Tentative Maps pursuant to the California Environmental Quality Act. The motion failed due to a lack of a second. The Planning Commission then heard a motion that the City Council reject the project by not making certain findings of fact ; not adopting a Statement of Overriding Considerations; not adopt a Mitigation Monitoring and Reporting Program and not Certify the Final Supplemental Environmental Impact Report (FSEIR 12-01/SCH 2003091012) for amendments to the General Plan, Otay Ranch General Development Plan, Otay Ranch Villages Two, Three and a portion of Four Sectional Planning Area Plan, four associated Tentative Maps pursuant to the California Environmental Quality Act. This motion carried 5-1-0-1. The Planning Commission expressed concerns with traffic primarily with cumulative impacts of the proposed project as well as from other recently adopted and future SPA plans in Otay Ranch. The Planning Commission found that the benefits of the project did not outweigh the impacts of the project. Based on the outcome of their vote, no votes on the other actions before the Planning Commission were taken. DISCUSSION Environmental Impact Report Section 21002 of the California Environmental Quality Act (CEQA) requires that an environmental impact report identify the significant effects of a project on the environment and provide measures or alternatives that can mitigate or avoid those significant effects. This Supplemental EIR contains an environmental analysis of the potential impacts associated with implementing the proposed Village 2 Comprehensive Sectional Planning Area Plan Amendment. The subject EIR has been prepared as a Supplemental EIR, as defined in pursuant to Section 15163 of the CEQA Guidelines. As defined in CEQA, a Supplemental EIR examines the impacts and alterations to a previously approved project with a certified EIR. The Supplemental EIR is required to only include information necessary to support the adequacy of the previous FEIR in accordance with CEQA 15163 (b), focusing primarily on the changes in the environment that would result from the proposed alterations when compared to the previously approved project that was analyzed in FEIR 02-02. The major issues that are addressed in the Supplemental EIR were determined based on review by staff, and public comment received on the Notice of Preparation (distributed in March 2013). The issues analyzed in the Supplemental EIR include land use, geology and soils, biological resources, housing and population, hydrology, traffic, circulation and access, noise, air quality, public services, public utilities, and global climate change. The Draft Supplemental EIR was distributed for a 45-day public review period on May 20, 2014. Public comment letters were received. The Final Supplemental EIR (FSEIR) includes all comments received, and responses to them. The Draft and Final Supplemental EIRs identify that the proposed project would result in significant and unmitigated impacts related to air quality, energy and traffic. All feasible mitigation measures with respect to project impacts have been included in the Final Supplemental EIR. As the Project would have significant and unmitigated impacts, Findings of Fact City of Chula Vista Page 3 of 26 Printed on 10/31/2014 2014-11-04 Agenda Packet Page 153 File#: 14-0582, Item#: 9. would need to be made in order to support the approval of a Statement of Overriding Consideration prior to approving the Project as proposed by the Applicant. The Findings of Fact have been attached for the Planning Commission's review and to support its recommendation to the City Council's that City Council consider the Findings, determine that the Supplemental EIR together with the previous FEIR are adequate for the project, and certify the FEIR. For those impacts with associated mitigation, a Mitigation Monitoring and Reporting Program (MMRP) has been provided with the FSEIR (See Attachment 11, disc). The City has examined a reasonable range of alternatives to the proposed project, other than the proposed project described in the Final SEIR. The alternatives are a reduced density project and no project. The reduced density project would result in a proposed increase of 484 additional residential units rather than 1,562 as proposed. The no project alternative would result in the continued development of the SPA Plan as it is currently without the proposed project. Based on this examination, the City has determined that neither of the alternatives meets the project objectives, or is environmentally superior to the project. Summary of Environmental Impacts The following discussion contains a summary of the impact conclusions from the FSEIR. Significant and Unmitigated Impacts: Transportation, Circulation, and Access • Under the Year 2020 conditions, the proposed project would result in cumulative impacts to the Interstate 805 (1-805) SB Ramps/Olympic Parkway intersection; Orange Avenue, between Melrose Avenue and 1-805 SB Ramps; 1-805, from Market Street to Imperial Avenue; and 1-805, from Imperial Avenue to E Division Street. • Under the Year 2025 conditions, the proposed project would result in cumulative impacts to the 1- 805 SB Ramps/Olympic Parkway intersection; Orange Avenue, between Melrose Avenue and 1- 805 SB Ramps; 1-805, from State Route 94 (SR-94) to Market Street; 1-805, from Market Street to Imperial Avenue; and 1-805, from Imperial Avenue to E Division Street; 1-805, from Plaza Boulevard to SR-54; and 1-805 from Bonita Road to East H Street. • Under the Year 2030 (Buildout) Conditions, the proposed project would result in cumulative impacts to the 1-805 SB Ramps/Olympic Parkway intersection; Orange Avenue, between Melrose Avenue and 1-805 SB Ramps; 1-805, from SR-94 to Market Street; 1-805, from Market Street to Imperial Avenue; and 1-805, from Imperial Avenue to E Division Street; 1-805, from Plaza Boulevard to SR-54; and 1-805 from Bonita Road to East H Street; 1-805, from East H Street to Telegraph Canyon Road. 1-805 SB Ramps/Olympic Parkway - There are right-of-way constraints that would make widening this intersection infeasible and, in addition, there is no plan or program in place that the project applicant could pay its fair-share of this improvement. Mitigation is, therefore, infeasible and the impact will remain cumulatively significant and unavoidable at this location. City of Chula Vista Page 4 of 26 Printed on 10/31/2014 2014-11-04 Agenda Packet Page 154 File#: 14-0582, Item#: 9. Orange Avenue, between Melrose Avenue and 1-805 SB Ramps - Potential recommendation for improvements would require widening Orange Avenue/Olympic Parkway between Melrose Avenue and the 1-805 SB Ramps; however, there are right-of-way constraints that would make such improvements infeasible. In addition, there is no plan or program in place that the project applicant could pay its fair-share towards the cost of this improvement. The impact, therefore, will remain cumulatively significant and unavoidable at this location. 1-805, from SR-94 to Market Street, from Market Street to Imperial Avenue from Imperial Avenue to E Division Street, from Plaza Boulevard to SR-54, from SR-54 to Bonita Road, from Bonita Road to East H Street, from East H Street to Telegraph Canyon Road - The second phase of the 1-805 South Project would further expand transportation choices by building out the HOV lanes into Express Lanes for a total of four lanes, two in each direction. Phase 2 also includes the addition of in-line transit stations and freeway-to-freeway direct connectors. However, on December 16th, 2011, SANDAG Board of Directors approved the purchase of SR-125 and the Addendum to SANDAG's 2030 RTP EIR. The Addendum consists of a swap of the two planned HOV lanes on 1-805 between SR-54 and SR-905 (Phase 2 of the 1-805 South Project discussed above) for the purchase costs of SR-125, which requires an amendment to the TransNet Extension Ordinance. It also concluded that while the reduction in tolls would result in a shift of traffic from 1-805 to SR-125, freeway operations on both facilities would remain acceptable. The proposed project was modeled with Phase 2, however in order to remain consistent with the 2030 RTP Addendum, the Traffic Impact Analysis for the proposed project (prepared by Chen Ryan) is analyzed with one HOV lane in each direction (Phase 1) along 1-805. At this time, neither Caltrans nor SANDAG has plans to construct additional lanes on the impacted facilities, nor is there a plan or program in place into which the project applicant could pay its fair-share towards the cost of these improvements. Mitigation is, therefore, infeasible and the impacts would remain significant and unavoidable. Because there are no applicable or feasible mitigation measures that the City can impose at this time to reduce impacts to level of service performance to below a level of significance, impacts to transportation, circulation, and access would remain significant and unmitigated. Adoption of a Statement of Overriding Considerations will be required should the decision makers choose to approve the project. Air Quality • During construction, the proposed project would result in a significant cumulative impact because construction activities, while less than significant at a project level, would potentially combine with other cumulative projects and exceed federal and state air quality emissions threshold standards for criteria pollutants. • During operation, the proposed project would result in significant direct and cumulative impacts for Volatile Organic Compounds (VOCs) and nitrogen oxides (NO X ), and significant cumulative impacts for Carbon Monoxide (CO), sulfur oxides (SO X ), and particulate matter(PM 10 and PM 2.5 ), because operational activities would exceed the federal and state air quality emissions threshold standards for criteria pollutants. City of Chula Vista Page 5 of 26 Printed on 10/31/2014 2014-11-04 Agenda Packet Page 155 File#: 14-0582, Item#: 9. • The proposed project would result in a significant direct and cumulative impact due to inconsistency with the San Diego Regional Air Quality Strategy (RAQS) and State Implementation Plan (SIP). Because the proposed project would require amendments to the City of Chula Vista General Plan, the Otay Ranch General Development Plan, the Specific Plan, and the Otay Ranch Core Master Precise Plan, the proposed project is not accounted for in the current RAQS and SIP emissions budget. Utilities: Energy • The proposed project would result in a significant cumulative impact to energy resources because of the uncertainty regarding long-term energy supply to buildout of the proposed project in combination with cumulative projects. Although City programs, policies, and ordinances would result in more efficient use of energy within the proposed project, they do not ensure that increased energy resources will be available when needed. All feasible mitigation measures have been required of the proposed project with respect to these impacts. It should be noted that significant and unmitigated impacts for the three issue areas identified above were also identified within FEIR 02-02. Although in some instances these mitigation measures may substantially lessen these significant impacts, adoption of the measures will not fully avoid the impacts. As a Lead Agency, the City must make findings pursuant to CEQA Guidelines Sections 15043, 15091 , and 15093 for each significant and unmitigated impact. The attached Findings of Fact and Statement of Overriding Considerations have been prepared specifically for the project actions for which the City has authority to approve or carry out (see Attachment 11 , Findings of Fact and Statement of Overriding Considerations, dated August, 2014). Sections 15043, 15091 and 15093 of the CEQA Guidelines state that the adverse environmental effects are considered "acceptable" and a Lead Agency can approve a project that will result in significant effects when, based upon substantial evidence, findings have been made that specific economic, legal, social, technological or other considerations make infeasible the mitigation measures or project alternatives identified in the Final SEIR, and benefits of a proposed project outweigh the policy of reducing or avoiding the significant environmental effects of the project. Significant and Mitigated to Less than Significant Significant impacts were identified in the following environmental issue areas, and mitigation measures were required in the SEIR to reduce the impacts to less than significant. A MMRP (see Attachment 11) has been prepared to ensure that the mitigation measures will be implemented in accordance with specified monitoring requirements. Transportation, Circulation, and Access • Under Year 2025 conditions, the proposed project would result in potentially significant direct impacts to the Heritage Road/Olympic Parkway intersection and Heritage Road, between East Palomar Street and Olympic Parkway, and potentially significant cumulative impacts to the La Media Road/Olympic Parkway intersection, La Media Road (SB)/Main Street (WB) intersection, City of Chula Vista Page 6 of 26 Printed on 10/31/2014 2014-11-04 Agenda Packet powered by Leg age 156 File#: 14-0582, Item#: 9. La Media Road (NB)/Main Street (WB) intersection, La Media Road (SB)/Main Street (EB) intersection, La Media Road (NB)/Main Street (EB) intersection, Magdalena Avenue/Main Street intersection, and Olympic Parkway, between Heritage Road and Santa Venetia Street. Mitigation measures MM-TCA-3, MM-TCA-5 through MM-TCA-11 , and MM-TCA-13 would reduce these identified potentially significant direct and cumulative impacts to level or service standards and congestion management to a less than significant level. Noise • The proposed project would result in potentially significant direct impacts due to the exposure of sensitive receptors to noise levels in excess of established City of Chula Vista thresholds due to traffic generated noise, park related noise, industrial related noise, and proposed and existing (off- site) school related noise. Mitigation measures MM-NOI-1 through MM-NOI-9 would reduce these identified potentially significant impacts to a less than significant level. Biological Resources • The proposed project would result in potentially significant direct impacts to candidate, sensitive, or special status species, including the least Bell's Vireo and the burrowing owl. Mitigation measures MM-BIO-4 and MM-BIO-5 would reduce these identified potentially significant impacts to a less than significant level. • The proposed project would directly impact wetlands vegetation communities and jurisdictional wetlands, including mulefat scrub, disturbed mulefat scrub, freshwater marsh, southern willow scrub, open water, and disturbed habitat swale. Mitigation measures MM-BIO-1, MM-BIO-2, MM- BIO-6, and MM-BIO-7 would reduce these identified potentially significant impacts to a less than significant level. • The proposed project would potentially result in a significant impact due to interference with the movement and nesting of migratory birds if construction occurs during the migratory bird nesting season. Mitigation measure MM-BIO-3 would reduce this identified potentially significant impact to a less than significant level. Geology and Soils • The proposed project would result in potentially significant direct impacts due to the surficial soils within the project site consisting of topsoil, colluvium, alluvium, and the compressible portions of the landslide debris, which are not considered suitable for development; additionally, portions of the surficial and underlying soils (bentonite claystone) have "high" to "very high" expansion potential resulting in a potentially significant impact. Mitigation measure MM-GEO-1 would reduce these identified potentially significant impacts to a less than significant level. Public Services: Parks, Recreation, and Open Space • The proposed project would not satisfy the Parkland Dedication Ordinance requirements and would result in a potentially significant impact to the provision of adequate parkland and recreational facilities. Mitigation measure MM-PUB-1 would reduce this identified potentially City of Chula Vista Page 7 of 26 Printed on 10/31/2014 2014-11-04 Agenda Packet powered by Leg age 157 File#: 14-0582, Item#: 9. significant impact to a less than significant level. Please see Parks discussion on pages 16-17 of this report for explanation of actual park acreage requirement and provision. Utilities: Sewer • The proposed project would result in potentially significant impacts to existing sewer infrastructure, specifically the Salt Creek Interceptor and Poggi Canyon Interceptor, resulting in the exceedance and the need for the expansion of existing sewer facilities. Mitigation measures MM-UTIL-1 thought MM-UTIL-3 would reduce these identified potentially significant impacts to a less than significant level. Less than Significant Impacts Less than significant direct impacts were identified in the following environmental issue areas: Land Use Transportation, Circulation, and Access Air Quality Noise Biological Resources Water Quality and Hydrology Public Services: Fire Protection, Police Protection, Schools, and Library Utilities: Water, Recycled Water, Solid Waste Disposal, and Energy Climate Change Housing and Population 1. Village 2 Comprehensive SPA Plan Amendment Location, Existing Site Characteristics, and Ownership The Village 2 SPA Plan area is generally located south of Olympic Parkway, north of the Wolf Canyon Preserve, east of Heritage Road and west of La Media Road (see Locator Map). The southern portions of the Village are currently vacant and generally comprised of rolling terrain devoid of natural vegetation due to historic farming activities. The northerly portions of the site are partially graded, developed or currently under development. Neighborhoods within the Village with projects completed or in progress (independent from the proposed project) include R-5, R-6, R-7, R-8a, R-8b, R-9a, R-10, R-11, R-12, R-13, R-14, R-29 and R-30. These neighborhoods are being developed with a variety of product types, including detached and attached residential units, and alley loaded single family homes. Village 2 includes approximately 765 acres under multiple ownerships (See Exhibit A in Attachment 9). Proposed amendments to the Village 2 SPA Plan represent properties owned by Baldwin & Sons, LLC and affiliated companies. The 36 neighborhoods and planning areas subject to the proposed GDP and SPA amendments comprise approximately 325.7 acres. Neighborhoods include residential units while planning areas do not (e.g. Schools, industrial sites, parks, etc.) (See Areas of Change exhibit on page 6 of Attachment 9). The areas of the four Tentative Maps comprise approximately 260.4 acres and include 27 neighborhoods and planning areas. Although the proposed SPA amendments are only for a portion of Village 2, some planning considerations, particularly City of Chula Vista Page 8 of 26 Printed on 10/31/2014 istar 2014-11-04 Agenda Packet powered by Leg age 158 File#: 14-0582, Item#: 9. context, community structure and infrastructure, must be evaluated in the context of the overall planning area. This report describes the SPA Plan and contextual considerations as part of the following discussion of each applicable SPA Plan component. 2. Project Description The proposed project seeks to enhance Otay Ranch Village 2 by directing higher-density residential within and proximate to the Village core, further establishing a unified, pedestrian-oriented, amenity- rich village plan with the addition of parks and schools within walking distance of residents. It is consistent with the goals and vision of Village 2 and intended to enhance living, working, learning, shopping, and transit options in the Village while increasing residents' opportunities for social interaction and recreation. The project also brings residential housing typologies/products in line with current market conditions and the General Plan and Otay Ranch GDP policy objectives for Village 2 (i.e. provision of balance and mixed-housing choices). To implement this, the project requires approval of amendments to the General Plan, the Otay Ranch General Development Plan, and the Village 2 SPA Plan. Additionally, four new tentative maps and a supplemental EIR (SEIR) are required. The project proposes 1 ,562 additional dwelling units, converting 14.0 acres of dedicated commercial to mixed use, adding 7.8 acres of CPF, 12.2 acres of parkland, providing a second elementary school (9.5 acres), and use of 9.0 acres as a vocational school/CPF site). The project also involves relocation of an existing City of San Diego water pipeline that currently bisects Village 2. The proposed additions will result in Village 2 on-site totals of 4,545 dwelling units, 22.5 acres of mixed use, 82.5 acres of industrial, 12.6 acres of CPF, approximately 24.1 acres of parks (not including the 46.5 acres located in the Community Park in Village 4), and 2 elementary schools. Of the proposed 1 ,562 additional dwelling units, 141 are proposed in V2 north, 631 are proposed in V2 east, 318 are proposed in V2 west, and 472 are proposed in V2 south. Increasing the number of dwelling units from 2,981 to 4,545 allows for the creation of neighborhoods with densities ranging between approximately 4 du/ac and almost 24 du/ac. Overall density in Village 2 will increase from 3.9 du/ac to 5.9 du/ac. Average densities across the residential neighborhoods increases from 8.6 to 13.1 du/ac. The proposed dwelling units will generate an additional obligation of approximately 12.2 acres of Parkland and 7.0 acres of CPF. The proposed project will provide Parkland/CPF acreage that meets these obligations by increasing the size of existing facilities, creating new ones, and/or paying in-lieu fees. A proposed Development Agreement includes certain mutual benefits for the City and Applicant from the proposed Project, and further described in item 5 of the Analysis section of this report. 3. Proposed Amendments: The following is a brief summary of the proposed amendments to the General Plan, Otay Ranch GDP and Village 2 SPA Plan. The area of the proposed amendments are depicted on page 2 of the proposed GDP and SPA Plan amendments booklet entitled "Otay Ranch Village of Montecito City of Chula Vista Page 9 of 26 Printed on 10/31/2014 istar 2014-11-04 Agenda Packet powered by Leg age 159 File#: 14-0582, Item#: 9. General Development Plan and Sectional Planning Area Plan Amendments" (See Attachment 9). Chula Vista General Plan Amend applicable text, tables, and exhibits to reflect changes in land use designations as necessary to implement the additional 1 ,562 residential units as well as additions in CPF, schools and parkland areas. The proposed land use changes are as follows: Expansion of the Residential Medium designation north of the Village Core; addition of Residential Medium (6-11 dwelling units per acre), Residential High (18-27 dwelling units per acre) and a Neighborhood Park within Village 2 West; and addition of Residential Medium High, Residential High, an Elementary School and a Neighborhood Park to the west and south of the Village Core. Otay Ranch GDP: Amend applicable text, tables, and exhibits to reflect changes in land use designations as necessary to implement the additional 1 ,562 residential units as well as additions in CPF, schools, and parkland areas. The GDP follows the same proposed land use changes as the GP, including the introduction of a High Density Residential (H) land use category (18-27 du/ac) consistent with the General Plan to accommodate the additional higher-density within and proximate to the existing and expanded village core. Village 2 SPA Plan: Amend applicable text, tables, and exhibits to reflect changes in zoning necessary to implement the additional 1,562 residential units as well as additions in CPF, schools and parkland areas. More specifically: a. Rezone neighborhood R-21 b from SF2 to SF3 b. Rezone neighborhood R-23 from SF3 to SF4 c.Rezone neighborhood R-24 from SF3 to RM2 d. Rezone neighborhood R-1 9b from SF4 to RM1 e.Rezone neighborhood R-25a from SF4 to RM2 f. Rezone neighborhoods R-11 and R-27 from RM1 to RM2 g. Rezone neighborhood C-1 from Commercial to Mixed Use h. Replace neighborhood R-4b, zoned SF2, with neighborhoods R-4b(a) and R-4b(b), zoned RM 1 and RM2 respectively i. Replace neighborhood R-12, zoned RM1/RM2 combined, with neighborhoods R-12a and R-12b, both zoned RM2 City of Chula Vista Page 10 of 26 Printed on 10/31/2014 istar 2014-11-04 Agenda Packet powered by Leg age 160 File#: 14-0582, Item#: 9. j. Replace neighborhood R-17b, zoned RM1 , with neighborhoods R-17b(a) and R-17b(b), zoned RM 1 and RM2 respectively k. Create neighborhood R-8c with an SF4 zoning 1. Create neighborhood R-31 with RM2 zoning M. Create a second elementary school site (S-2) n. Create two new public parks (P-5 and P-6) o. Eliminate neighborhoods R-25b and R-26 (converted to school and P-5 Park sites) Village 2 Tentative Maps Four (4) associated Tentative Maps: Total of 1480 units (See Attachment 10). a. PCS 12-02 Village 2 North: Amend lotting to accommodate 88 residential units; b. PCS 12-03 Village 2 West: Amend lotting to accommodate 386 residential units; c. PCS 12-04 Village 2 R-1 5b & R-31: Amend lotting to accommodate 31 residential units; and d. PCS 12-05 Village 2 South: Amend lotting to accommodate 975 residential units Total units shown on the TM's include a portion of the proposed 1 ,562 new units along with existing units previously approved for those areas. • ANALYSIS 1. Chula Vista General Plan • The General Plan identifies Village 2 as being within the Western District of the Otay Ranch Subarea. The General Plan designates a mix of land uses in Village 2 including a larger Village Core than the typical Village Core in Otay Ranch. The existing land uses include Residential Low Medium (3-6 dwelling units per acre), Residential Medium (6-11 dwelling units per acre), Mixed Use Residential, two Neighborhood Parks (NP), and an Elementary School (ES). A High School (HS) and a Fire Station (FS) are also located adjacent to Village 2 along Olympic Parkway and La Media Road, respectively. • The Chula Vista General Plan (GP) provides the vision and policy direction for the planning of Village 2. The GP includes numerous policies (starting on page LUT-254) with regard to Village 2, some of these that relate directly to design and land use are: • Provide diverse housing types, including single-family and multi-family dwellings. • Allow a linear design for Village Two with primary access from Heritage Road and La Media Road, creating a walkable Village Core that extends in an east/west direction across the village and provides pedestrian links between community- serving land uses in the core and the surrounding residential neighborhoods. • Provide high-density residential uses arranged in and around a commercial retail, mixed use City of Chula Vista Page 11 of 26 Printed on 10/31/2014 2014-11-04 Agenda Packet powered by Leg age 161 File#: 14-0582, Item#: 9. development at the eastern end of the Village Core. • Enable the intensification of multi-family residential densities and commercial uses to enhance transit use, reduce automotive dependency, and promote social interaction. The proposed project is consistent with the GP policies listed above. The majority of the proposed unit increase is directed within the Residential Medium High, Residential High and Mixed Use Residential areas surrounding and proximate to the Village Core. Of the 1,562 total new units, 1,132 (72%) are located within the village core. The addition of Residential-High (18-27 du/ac) adjacent to the existing Mixed-Use residential village core places higher density residential uses proximate to schools, parks, and nearby neighborhood commercial. The increased densities will also "activate" the Village Core; encourage walking and transit use; and reduce automotive dependency. The placement of a Neighborhood Park at the corner of Heritage Road and Santa Victoria Road creates a pedestrian-oriented gateway into the Village, and provides for a well-distributed pedestrian link between Village 2 West and the rest of the Village. The applicant will provide pedestrian features such as enhanced pavement, trellises, seating areas, and low monument signage surrounding the Neighborhood Park that will accentuate a pedestrian-oriented "gateway" entry to the Village 2. 2. Otay Ranch GDP The Otay Ranch GDP provides a vision and direction for the planning of the Village 2 SPA Plan. The vision of the GDP for this area is that the Village 2 serves as an `Urban Village.' According to the GDP/SRP, Urban Villages are " adjacent to existing urban development and are planned for transit oriented development with higher densities and mixed uses in the village cores." Key goals and objectives within the Otay Ranch GDP include: Goal: Develop comprehensive, well integrated and balanced land uses which are compatible with the surroundings. (Page 64) Objective: Provide a well-integrated land use pattern which promotes both housing and employment opportunities, while enhancing the unique environmental and visual qualities of the Otay Ranch. Objective: Provide a wide range of residential housing opportunities, from rural and estate homes to high-density multi-family projects. Provide a balanced and diverse residential land use pattern for the Otay Valley Parcel which promotes a blend of multi-family and single- family housing styles and densities, integrated and compatible with other land uses in the area. Objective: Provide development patterns complementary to the adopted plans and existing development of the adjacent communities. The SPA Land Use Plan supports these GDP goals and objectives by providing a range of housing and employment opportunities. The plan adheres to the GDP specific directives for Village 2 that create a village core (composed of commercial, community purpose, elementary school, high school, neighborhood park, town City of Chula Vista Page 12 of 26 Printed on 10/31/2014 2014-11-04 Agenda Packet powered by Leg age 162 File#: 14-0582, Item#: 9. square, and higher-density residential land uses) and residential neighborhoods that offer a variety of housing styles and densities. The proposed project expands the core, offers potential employment opportunities therein, and adds density both in and around the core. The proposed increase in density will also allow for the provision of more small lot single family product and a wide range of multi-family residential units that provides a balanced and diverse residential land use pattern. 3. Otay Ranch Village 2 SPA Plan Amendment The proposed Village plan is intended to maintain Village 2 goals/objectives as originally defined in the Otay Ranch General Development and the Montecito SPA Plan. At the same time, the proposed plan for Village Two seeks to enhance the Village by bringing housing typologies/products in line with current market conditions, increasing commercial viability, responding to today's home buyer preferences, and conforming to GDP policy objectives. As defined in the Otay Ranch GDP and Montecito SPA, residential density is focused in/around the V2 core. A future BRT transit stop near the intersection of La Media Road and State Street and additional transit stops within the Village (determined by the Metropolitan Transit System) will promote transit ridership and provide residents with alternatives to automobile use. The core is extended southward to Santa Liza Street to now include a second elementary school (S-2), another park (P-5) and additional residential (R-25a) in V2 south. This expansion adds almost 30 acres and 450 units to the core. Density still decreases with distance from the village core. Creating residential density near the village core makes commercial uses more viable. Increased density also creates activity/vibrancy at the street level, which will increase the urban, pedestrian- oriented `feel' originally planned in Village Two. Public Parkland and Community Purpose Facilities (CPF) are focused in and around areas with highest densities (village core). CPF-9 is located at the westerly portion, adjacent to the village core, P-5 is centrally located within the expanded village core, and P-6 is located adjacent to the higher density Neighborhoods R-4b ("a" and "b"). This puts the majority of Village Two residents in direct proximity to Parkland/CPF amenities. Additional facilities are distributed throughout the Village and are within walking distance for most residents. Park and CPF facilities provide diversity in recreational, social, and learning options available to residents. Due to the diversity and distribution of these facilities, a resident may be able to enjoy a private swim club, a community garden, a private recreational facility, and a public park - all within a short walk. To further activate the Village entry/core, the C1 district (originally planned as stand-alone commercial) is changed to mixed-use residential. The addition of residential promotes multi-hour activity, and a lively `main street' environment. This also encourages residents to meet and gather in the public realm, or in semi-private gathering areas. Increasing density and revising dwelling unit product/typology in the R4 neighborhood from only existing large lot single family (5-8,000 sf lots) type with an additional mix of smaller lot and multi- family allows the neighborhood to establish a varied rather than "monotone" character. Adding a public park puts residents closer to public facilities and eliminates their need to cross Heritage Road for park access. Changing land use from single family detached to multi-family, project specific amenities such as common open space areas, tot-lots, and recreational areas, including pools, may City of Chula Vista Page 13 of 26 Printed on 10/31/2014 2014-11-04 Agenda Packet powered by Leg age 163 File#: 14-0582, Item#: 9. be implemented. This provides residents opportunities for recreation and social interaction. This approach is consistent with the Otay Ranch GDP description of V2 west. The location of the new elementary school (S2) extends the village core south, and makes the elementary school more proximate to V2 south residences. This encourages students/parents walking to school. The proposed vocational school (CPF#9) will serve the City and Southbay region, connecting to the western portion of Village Two with the core and other portions of the Village, and will help to foster the development of the surrounding industrial area. Village 2 PC District Regulations Amendments The PC District Regulations function as the zoning regulations for Village 2. Because the product and zone types with the amendment are consistant with those in the village as currently approved, no substantative change to the District Regulations was required. An update to the zoning map (Exhibit 1 in the Planned Community District Regulations) is the only change to the approved document. Village 2 SPA Plan Design Guidelines The Design Guidelines set forth design parameters that pertain to site planning, landscape architecture, architecture and signage for all developments within Village 2. The Design Guidelines contain illustrations and requirements to implement the design ideas presented therein. The Village 2 predominant design theme is Santa Barbara, Spanish architecture. The Design Guidelines consist of various single and multi-family conceptual lotting and spatial orientation illustrations. The proposed project will comply with these existing design guidelines. Edits have been made only to implement the existing standards across the new land use plan. The land use plan has been updated to reflect the new neighborhoods and the new zoning of existing neighborhoods that are proposed to change. Additionally, seven exhibits have been updated to show the new land use plan, to provide details for new and revised parks, and to show village core information to reflect the expanded core. The exhibits in the document have all been updated to show the required design elements and how they will be incorporated within the new plan. Special attention is paid to the new public facilities such as CPF and parkland. Additionally, detailed design requirements are added for the new proposed parks (P-5 and P-6) and updated information is provided for P-3 which will now surround the homeowner's association swim club facility. Village Core Master Precise Plan (MPP) As part of the project, modifications are proposed to neighborhoods within the village core. Neighborhood C-1 is changed from commercial to mixed use and units are added to the three existing mixed use areas. An area that was originally designated for CPF uses, now will be multi- family residential (R-31). Additionally, the west end of the village core is extended southward to Santa Liza Street to include a second elementary school (S-2), another park (P-5) and additional residential (R-25a) in V2 south. The modifications and expansion add almost 30 acres and 450 units to the core. The Montecito Village Core Master Precise Plan has been updated to reflect these additions and changes. Detailed design requirements and guidelines have been added for the areas that were not City of Chula Vista Page 14 of 26 Printed on 10/31/2014 2014-11-04 Agenda Packet powered by Leg age 164 File#: 14-0582, Item#: 9. previously covered by the plan (R-25a, R-31 , S-2 and P-5) and the requirements for existing core neighborhoods that receive additional units (R-11 , R-27, MU-1, MU-2, MU-3 and C-1) have been updated. Components addressed for each of these neighborhoods are planned use, permitted use, mandatory site plan elements, building design & siting, and urban character. Additionally, architectural and design details consistent with the Village Design Plan have been added for placement of a monument sign within the median of State Street at La Media Road. The proposed monument sign will be reviewed and approved by the Development Services Department. Parks, Open Space & Trails The proposed project meets the open space requirements per the existing Village 2 SPA Plan and Planned Community District Regulations. The project generates a demand for an additional 12.16 acres of park land. This obligation will be met through the Applicant's dedication of parkland. To achieve this, two new public parks have been created (P-5 and P-6) and two within the existing plan have been expanded (P-3 and P-4). See Exhibit 40 of the SPA Plan. The FSEIR analyzed the "worse case" scenario for the project with an increase of 311 single family units, which resulted in a deficit of 1 .4 acres. However, the actual project decreases single family by 70 units. Thus, the parkland provided meets the required 12.16 acres. As part of the current Village 2 SPA Plan, 109 acres of open space were required to meet the Otay Ranch GDP threshold of 12 acres per 1000 residents. The proposed project, with the 5,061 new residents will generate an additional 67.7 acre requirement, increasing the open space demand for Village 2 to 176.7 acres. The 213.6 acres provided in the village exceeds the Otay Ranch GDP open space requirement by nearly 37 acres. The trails in the Village remain consistent with the approved 2006 Village Two SPA Plan. No changes have been made as a result of this amendment. See Exhibit 40 of the SPA Plan. In addition, the Otay Ranch Resource Management Plan requires conveyance of 1 .188 acres of preserve land for every acre of development area. The applicant will be responsible for satisfying this requirement concurrently with the processing of the final maps. The proposed amendment does not expand the footprint of the area previously planned for development, therefore, the total dedication required does not change from the original project. Community Purpose Facilities CVMC Section 19.48 requires the provision of 1.39 acres of land per 1 ,000 persons be zoned for Community Purpose Facilities (CPF) when creating a SPA Plan. This requirement may be reduced or complied with in an alternative manner based on the availability of shared parking for the use, or through the provision of an extraordinary public benefit provided certain requirements are met. The proposed amendment requires an additional 7.0 acres of CPF. The project proposes to eliminate a total of 2.7 acres of CPF (CPF-3 and CPF-5) and create a total of 10 acres of new CPF (CPF-7 and CPF-9). The net increase of 7.3 acres exceeds that obligation attributable to the new 1 ,562 units. The new CPF-7 site is located at the end of the primary village entry (State Street) and is intended to be a swim club (a private recreation facility) for the residence of the Montecito Homeowners Association. CPF-9 will be located in the industrial portion of Village 2 South and is intended to be a City of Chula Vista Page 15 of 26 Printed on 10/31/2014 2014-11-04 Agenda Packet powered by Leg age 165 File#: 14-0582, Item#: 9. vocational school (although other uses consistent with the City's CPF ordinance would be allowed). The vocational school is intended to provide job training for residents to meet employment opportunities in the local economy. See Exhibit 44 of the SPA Plan. Public Facilities Finance Plan (PFFP) and Fiscal Impact Analysis (FIA) A PFFP has been prepared as a supplemental document to the original PFFP dated February 28, 2006. Another Supplemental PFFP's was approved for two separate SPA amendments in January and April of 2012. The Otay Ranch Village 2 Supplemental PFFP for this project analyzes the proposed 1,562-unit addition, any potential impacts on public facilities and services, and identifies the facilities, phasing and timing triggers for the provision of facilities and services to serve the project, consistent with the City's Quality of Life Threshold Standards. The PFFP describes in detail the cost, financing mechanism and timing for construction of necessary public facilities based on the project's proposed phasing. The public facilities needed to serve the project will be guaranteed by placing conditions of approval on the Tentative Map, requiring payment of various fees at the building permit stage, and/or continuing payment of bond payments under the approved Community Facilities Districts to finance or maintain public facilities. The PFFP included an analysis of transportation, drainage, water, sewer, fire, schools, libraries, parks, and fiscal impacts of the project. • The supplemental PFFP also includes a Fiscal Impact Analysis (FIA) of the Village 2 plan and phasing program. The Village 2 FIA has been prepared using the City's Fiscal Impact Framework to provide a consistent evaluation with those of other Chula Vista SPAs. Based on the FIA and the assumptions contained therein, annual fiscal impacts, as compared to the currently approved project, are negative in Year 0 & 1 and Years 6 through 12. In the first year there is a net fiscal deficit of approximately $109,000. The project operates the next four years at a total surplus of almost $640,000. The total deficit in Years 7 through 12 is just under $290,000. The fiscal surplus grows to an annual net fiscal surplus of approximately $540,000 by build out, Year 20. Beyond year 17 (future build out), the fiscal impact is anticipated to be net positive in the amount of $429,149. Residential units are primarily constructed during the early years of the project which produce greater costs than revenues, creating the early years' deficit. With more non-residential development underway between years 5 and 9, the deficit declines. From Year 10 to buildout (Year 20) revenues exceed expenditures due to the significant increases in retail and office/industrial development during those years. On a comparative to the current adopted SPA Plan, the current Village 2 SPA's net impact is negative $117,343 Year 0-1, and positive $5.5 million Years 2-17. Beyond Year 17 the current Village 2 SPA is expected to be net positive $832,672 annually. As indicated above, the proposed project would generate a positive net impact of approximately $429,149 annually. Please refer to the PFFP, which includes the fiscal impact analysis, for additional details (Appendix D, SPA Plan). CVMC Section 19.09.060(J) states that "projects shall be conditioned to provide funding for periods where expenditures exceed projected revenues." A condition has been added to the Tentative Map conditions requiring that the applicant enter into an agreement to provide such funding to offset the negative fiscal year impacts. City of Chula Vista Page 16 of 26 Printed on 10/31/2014 2014-11-04 Agenda Packet Page 166 File#: 14-0582, Item#: 9. Not accounted for in the FIA deficit and surplus calculations, the Applicant will provide a public benefit contribution in the amount of $5,000 per new residential unit (up to the 1 ,562 proposed with this project) to the City at the time of building permit issuance. This would be additional revenue benefitting the City. The additional monetary contribution would be applied to a "civic-type" use within the City. Affordable Housing Plan • The Chula Vista General Plan Housing Element contains objectives, policies and action programs to accomplish key affordable housing objectives. Key among these is the affordable housing policy which requires that residential development with fifty (50) or more dwelling units provide a minimum of 10% of the total dwelling units for low and moderate income households; one- half of these units (5% of the total project) being designated for low income, and the other half (5%) to moderate income households. • An Affordable Housing Plan was approved with the original Village 2 SPA Plan and has been updated to account for the additional 1 ,562 units. With approval of the proposed project, the total required affordable units will increase from 298 to 454. Of these 454 units, 227 will be low income affordable units and 227 will be moderate income affordable units. • Due to the ownership fragmentation within Village 2, a Village-wide Affordable Housing Agreement was prepared and signed by all ownerships, stating that each of the respective ownerships would be responsible for the provision of affordable housing units for their developments. Upon approval of the proposed project, Baldwin & Sons would be required to provide 343 affordable housing units including for low income. The requirement for these 172 affordable low income units are to be commenced at the 50% building permit issuance for all units owned by Baldwin & Sons in accordance with the July 26, 2011 allocation letter. Water Conservation Plan • The City of Chula Vista's Growth Management Ordinance requires that all development of 50 units or more prepare a Water Conservation Plan (WCP) as part of the SPA Plan. This plan presents a review of presently available technologies and practices that result in water conservation. This plan identifies water conservation measures that will be incorporated into the project as a condition of approval on the SPA Plan. A WCP was prepared for the project as a part of the original approval in 2006. A new WCP, consistent with the current City standards, has been prepared as a part of the proposed project. • This new WCP covers already approved units and land uses along with those proposed by this amendment. • The Village 2 WCP requires that residential development provide hot water pipe insulation, pressure reducing valves and water efficient dishwashers. In addition, to comply with the City's current water conservation requirements, the developer will also include dual flush toilets and water efficient landscaping. Together these three measures annually save approximately 28,850 gallons per single-family unit and approximately 8,850 gallons per multi-family unit. • The WCP also provides a discussion of the local water conservation requirements related to City of Chula Vista Page 17 of 26 Printed on 10/31/2014 2014-11-04 Agenda Packet powered by Leg age 167 File#: 14-0582, Item#: 9. the use of reclaimed water. The City of Chula Vista Landscape Manual requires the use of recycled water for irrigation of parks, median landscaping, open space slopes, and common landscaped areas. The Landscape Manual also requires some drought tolerant plant selection in the landscaping plan and the use of evapotranspiration controllers for parks and common landscaped areas. Additionally, the Landscape Water Conservation Ordinance is expected to reduce outdoor water consumption due to the setting of strict water budgets on City approved landscape plans that must not be exceeded. The proposed conservation measures outlined above, and identified in the Village 2 WCP, comply with the City of Chula Vista's Growth Management Ordinance and the goals, objectives and policies of the City's General Plan and the Otay Ranch GDP. See Water Conservation Plan section of the SPA Plan. Air Quality Improvement Plan • The City has included a Growth Management Element (GME) in its General Plan. One of the stated objectives of the GME is to actively plan to meet federal and state air quality standards. This objective is incorporated into the GME's action program. In addition, the City's Growth Management Ordinance (CVMC 19.09) requires that an Air Quality Improvement Plan (AQIP) be prepared for all major development projects (50 dwelling units or greater) as part of the SPA Plan process. An AQIP was prepared for the project as a part of the original approval in 2006. Due to updates in City policy and the requirements for the AQIP in 2010, the existing document was determined to no longer be adequate. A new AQIP has been prepared for Village 2 (including the proposed project) to comply with the City's current AQIP Guidelines. The purpose of the AQIP is to provide an analysis of air pollution impacts that would result from development of Village 2 and to demonstrate how the design for Village 2 reduces vehicle trips, maintains or improves traffic flow, reduces vehicle miles traveled and reduces direct or indirect greenhouse gas emissions. A computer model (INDEX), prepared by Criterion Engineers & Planners was used to analyze the project's land use plans wherein certain threshold scores must be met for a set of key indicators. These "key indicators" include: Land Use • Use Mix • Use Balance • Neighborhood Completeness Housing • School Proximity to Housing • Transit Proximity to Housing Employment • Transit Proximity to Employment Recreation • Park Proximity to Housing Travel • Internal Street Connectivity • Intersection Density • Pedestrian Network Coverage City of Chula Vista Page 18 of 26 Printed on 10/31/2014 istar 2014-11-04 Agenda Packet powered by Leg age 168 File#: 14-0582, Item#: 9. • Residential Multi-Modal Access • Daily Auto Driving (3Ds Methodology) Climate Change • Residential Building Energy Use • Non-Residential Building Energy Use • Residential Building CO2 • Non-Residential Building CO Because of the project's mix of uses and other project design features, compact development pattern, walkability, provision of transit facilities, and bicycle network, the project's INDEX analysis met the required Threshold Scores and complies with the City's adopted strategies for improving air quality and energy conservation. See the Air Quality Improvement Plan section of the SPA Plan. Fire Protection Plan • The City requires the preparation and approval of a Fire Protection Plan (FPP) with every new SPA Plan. In addition, the California Fire Code requires a FPP with all new development based on its proximity to the Urban Wildland Interface. A FPP was prepared for the project as a part of the original approval in 2006. Minor modifications have been made to the FPP as part of the proposed project to add plant species to the approved plant list, adjust the maximum allowable plant height, and modify the irrigation requirements for certain zones (changing from permanent irrigation to temporary irrigation). These changes have been made with the intent of preserving areas of established landscaping and to allow for the slope landscaping to have a more natural appearance. The FPP was reviewed by and approved by the Fire Marshall. See the Fire Protection Plan section of the SPA Plan. 4. Tentative Subdivision Map WCS 12-02, 12-03, 12-04, 12-05) • A Tentative Subdivision Map is required for a division of land resulting in four or more lots or condominium units, pursuant to Section 2 of the City of Chula Vista Subdivision Manual. The proposed Tentative Maps has been designed to comply with the lot design criteria of the Subdivision Manual. The proposed Tentative Maps would be consistent with surrounding development and would complement the area with the design for more compact single family lotting clusters in Village 2 north and traditional, linear lotting maintained in Village 2 west and south. Overall the subdivision design is in conformance with the City's Subdivision Manual, Zoning Ordinance and other associated regulatory documents. The Tentative Maps are consistent with the amended General Plan and Otay Ranch General Development Plan densities established for the respective areas. • The following four new Tentative Maps are associated with the proposed project adding 1 ,562 units to Village 2. The Tentative Maps cover 27 of the 36 neighborhoods/planning areas affected by the GDP and SPA amendments; a total of 1,480 units are shown on these four Tentative Maps. The analysis presented in the PFFP discussion, which addresses transportation, circulation, drainage, water, sewer, fire, schools, and parks on pages 11-13 of this staff report are also applicable to the four proposed Tentative. City of Chula Vista Page 19 of 26 Printed on 10/31/2014 istar 2014-11-04 Agenda Packet powered by Leg age 169 File#: 14-0582, Item#: 9. • The Tentative Maps are listed and described below in chronological order with descriptions particular to that map such as access, subdivision design and grading. A. PCS 12-02 (Otay Ranch Village 2 North): Proposes to subdivide 7 existing lots totaling approximately 40 acres into 51 single family lots, 28 multi-family, one (1) HOA open space lot, one (1) public park, and one (1) CPF lot. The Tentative Map covers a total of 88 residential units. • Project Access. • Access to the project area is provided from existing Santa Diana Road, Santa Alexia Avenue, and Pershing Road. An extension of Pershing Road and Stow Grove Avenue provide access within the project area. These streets will conform to the guidelines set forth in the Village 2 SPA Plan and to applicable City of Chula Vista street design guidelines. Subdivision Design: The subdivision design consists of 79 residential lots, one (1) open space lot, one (1) public park, and one (1) CPF lot. Fifty one (51) of the lots will be single family and range from 4,250 sf to 17,107 sf in size. Twenty seven (27) of the lots are small lot single family (each intended for a single detached product) that are categorized as multi-family due to their density. The final multi- family lot is an extension of the existing Neighborhood R-10b and will increase the total number of residential units in that project by 10. Grading: In conjunction with approval of the original Tentative Map (CVT 06-05) and in conformance with the City of Chula Vista's General Plan and the Otay Ranch GDP, a grading approach was established for the Village 2 SPA Plan. Implementation of the proposed map conforms to and enhances the approved grading approach goals by further concentrating urban development on mesa tops and gently rolling terrain, while retaining sensitive natural topographic features. The proposed plan allows for substantial conformance to the grading plan for Village 2 north, which was approved in conjunction with the original Village 2 Tentative Map (CVT 06-05). Most of the site is currently in a graded pad condition and slopes gently northwest toward Olympic Parkway. The most significant change to the existing grading plan will be the expansion of pad and slope areas along the northern portion of the map into an area previously identified for future development. Grading will conform to the City of Chula Vista grading ordinance. B. PCS 12-03 (Otay Ranch Village 2 West): Proposes to subdivide approximately a 48.2 acre lot into 113 multi-family lots, one (1) public park, four (4) open space lots, and two (2) HOA lots. The Tentative Map covers a total of 386 residential units. • Project Access. • Vehicular access to the site will be provided from Heritage Road and Santa Victoria Road. Natoma Court, Barranca Avenue and Occidental Road will provide primary access within the project area. These streets will conform to the guidelines set forth in the Village 2 SPA Plan, and to applicable City of Chula Vista street design guidelines. City of Chula Vista Page 20 of 26 Printed on 10/31/2014 istar 2014-11-04 Agenda Packet powered by Leg age 170 File#: 14-0582, Item#: 9. Subdivision Design: • The subdivision design consists of 113 residential lots, four (4) open space lots, one (1) public park, and two (2) HOA lots. One hundred eleven (111) of the residential lots will be small lot single family (each intended for a single detached product) that are categorized as multi-family due to their density. The final 2 residential lots are multi-family and create the R-4b(b) neighborhood, which will allow up to 275 residential units. • Grading: The proposed map allows for a grading approach consistent with that established for the original Tentative Map (CVT 06-05). Although grading plans have yet to be finalized for Village 2 West, the proposed plan locates development on gently rolling terrain, while maintaining steep slopes to the north and east toward Olympic Parkway and Heritage Road. Neighborhood orientation and street alignments are intended to minimize the necessity for grading and retaining walls. This allows for the implementation of a grading approach substantially similar to that which was intended for the original Tentative Map. Any grading will conform to the City of Chula Vista grading ordinance. E. PCS 12-04 ( Otay Ranch Village 2 R-15b & R-31) : Proposes to subdivide two (2) existing lots totaling approximately 1.8 acres into six (6) single family lots and one (1) multi-family lot. The Tentative Map covers a total of 31 residential units. • Project Access. • Access to the project area is provided from existing Santa Victoria Road and Anapamu Avenue. Ortega Street will provide access within the project area. All streets will conform to the guidelines set forth in the Village 2 SPA Plan and to applicable City of Chula Vista street design guidelines. Subdivision Design: • The subdivision design consists of 7 residential lots. Six (6) of the lots will be single family and range from 5,270 sf to 6,083 sf in size. The multi-family lot is 1.1 acres in size and will allow up to 25 residential units. • Grading: Implementation of the proposed map conforms to and enhances the approved SPA grading approach by further concentrating urban development on mesa tops and gently rolling terrain, while retaining sensitive natural topographic features. The proposed plan allows for substantial conformance to the grading plan for Village 2 East, which was approved in conjunction with the original Village 2 Tentative Map (CVT 06-05). Minor changes to the existing grading plan will be required, but the grading footprint will substantially conform to the originally approved plan. Grading will conform to the City of Chula Vista grading ordinance. City of Chula Vista Page 21 of 26 Printed on 10/31/2014 2014-11-04 Agenda Packet Page 171 File#: 14-0582, Item#: 9. D. PCS 12-05 (Otay Ranch Village 2 South): Proposes to subdivide 2 existing lots totaling approximately 170.4 acres into 226 single family lots, 77 multi-family lots, one (1) HOA lot, four (4) open space lots, one (1) public park, two (2) industrial lots, and three (3) CPF lots. The Tentative Map covers a total of 975 residential units. • Project Access. Access to the project area is provided from Heritage Road and Santa Victoria Road. Numerous streets will provide access within the project area, with Santa Liza Street, Santa Carolina Road, and Santa Christina Avenue being primary among these. All streets will conform to the guidelines set forth in the Village 2 SPA Plan and to applicable City of Chula Vista street design guidelines. • Subdivision Design: • The subdivision design consists of 303 residential lots, one (1) HOA lot, four (4) open space lots, one (1) public park, two (2) industrial lots, and three (3) CPF lot. Two hundred twenty six (226) of the lots will be single family and range from 5,060 sf to 14,064 sf in size. Seventy three (73) of the lots are small lot single family (each intended for a single detached product) that are categorized as multi-family due to their density. The remaining 4 multi-family lots are 4.7 acres (R- 1713(b)), 2.5 acres (R-24), 14.1 acres (R-25a) and 8.7 acres (R-27). These lots are planned to allow a maximum of 95 units, 59 units, 330 units and 175 units respectively. • Grading: The proposed map allows for a grading approach consistent with that established for the original Tentative Map (CVT 06-05). Although grading plans have yet to be finalized for Village 2 south, the proposed plan locates development on gently rolling terrain, while maintaining steep slopes to the south toward Wolf Canyon. Neighborhood orientation and street alignments are intended to minimize the necessity for grading and retaining walls. This allows for the implementation of a grading approach substantially similar to that which was intended for the original Tentative Map. Any grading will conform to the City of Chula Vista grading ordinance. 5. Development Agreement State and City Requirements for Development Agreements California Government Code sections 65864 through 65868.5 authorize cities to enter into a development agreement with any person having a legal or equitable interest in real property for the development of the property. A development agreement is a contract negotiated between the project proponent and the public agency that specifies certain mutual benefits negotiated for a particular project and vests, subject to certain conditions in the agreement, the rights of the project applicant to develop the property under current land use regulations for a specified term. Through City Resolution No. 11933 (adopted in 1985), the City Council has determined that development of large projects within the City create unique and complex development considerations and that, in addition to the minimum requirements for development agreements contained in the Government Code, additional procedures and requirements for the consideration of development agreements shall be contained within each individual agreement. The Development Agreement City of Chula Vista Page 22 of 26 Printed on 10/31/2014 2014-11-04 Agenda Packet Page 172 File#: 14-0582, Item#: 9. presented here includes the minimum requirements for development agreements contained in the Government Code, as well as additional procedures and requirements designed to address the unique and complex development considerations presented by the Project. The following discussion focuses on the benefits of the Development Agreement to both the City and the Applicant, and a description of the fundamental terms of the Agreement. Public Benefits Beyond the basic benefits of developing a project of the size and scope of Village Two, including the development of necessary infrastructure, providing a cumulative positive fiscal impact at build out, and enhancement of the City's image as a leader in sustainable community building, the City will receive the following benefits from entering into the Development Agreement, which is presented in draft in Attachment 8: • Complete the construction of two lanes of Heritage Road (one in each direction) between Santa Victoria Road and Main Street prior to issuance of the Master Developer's 155 th building permit for a residential unit sewering south to the Salt Creek Sewer Interceptor. Per the requirements of the original approval, the Applicant bonded for this facility with the 1 ,276 th mapped unit in the Village. This requirement will further their obligation and be the first trigger identifying the opening of the road. In addition to the circulation benefits that the completion of this segment of Heritage Road will provide, the City will also recognize an economic benefit through the provision of a direct connection between Otay Ranch and the auto dealerships located on Main Street. • Relocation of the City of San Diego's Otay #2 Pipeline from its current location bisecting the Community Park to within La Media Road. The relocation of this line will allow for the development of the Community Park without any encumbrances. Additionally, once relocated to La Media Road, any necessary repairs or maintenance will be able to be performed without disruption to that park, open space, or the internal village circulation roads which cross the current alignment. • Public benefit contributions equal to $5000 for each of the 1 ,562 new units (up to $7.8M total) to be used for enhancements to, or a new public facility in the City. These public benefit contributions will be made as development proceeds on the Master Developer's future neighborhoods as identified in Exhibit A. • Second elementary school site with funding commensurate to construct the facility. This will allow the elementary school needs of all village residents to be met within the village. • Option to construct a public swimming pool facility located on one of Village Two's neighborhood park sites. City of Chula Vista Page 23 of 26 Printed on 10/31/2014 2014-11-04 Agenda Packet powered by Leg age 173 File#: 14-0582, Item#: 9. Benefits to the Master Developer • Predictability in the development approval process by vesting the permitted uses, density, intensity of use, and timing and phasing of development consistent with the Village Two SPA Plan and existing land use laws, regulations and policies for up to twenty (20) years. • Use of the City's Development Impact Fee Deferral Policy for the life of the Development Agreement (up to 20 years). Pursuant to the Development Impact Fee Deferral Policy, the Master Developer may defer the payment of Development Impact Fees until the request for final inspection of each individual residential unit upon satisfaction of specified conditions (Attachment 1 , Section 2.7). • Ability to satisfy 9.0 acres of Master Developer's CPF obligation within the IND-3 site. Additionally, City agrees that a vocational school or adult school will be deemed to be an approved CPF use. • Option to process an application to rezone the CPF-5 site in Village Seven to a residential site (rather than converting it to a CPF site) and to rezone the CPF-2 site in Village 2 South to low- density residential forup to six single family lots. These benefits are subject to the Applicant exercising its option to construct a public swimming pool facility on one of the neighborhood park sites in Village 2 as described above. • Ability to form a Community Facilities District (CFD) for the Project utilizing multiple phases or bond series. Upon formation of such a CFD, the City shall charge a single "priority administration cost" that provides for full cost recovery for City administrative activities. • Ability to build the public facilities in Community Park P-4 with the right to reimbursement from public benefit contributions previously made and credits against public benefit contributions not yet made. Other Terms of the Agreement The Development Agreement will contain the following additional major points: • The term of the Development Agreement, all tentative maps and other development approvals will be twenty (20) years. • For the Term of the Development Agreement, the Master Developer and its merchant builders shall have the vested right to develop the property pursuant to the Sectional Planning Area (SPA) Plan, Tentative Map, Development Agreement, and existing land use laws, regulations and policies. The Development Agreement will vest permitted uses, density, intensity, timing and phasing of development, and reservations and dedications of land. • As described above, the Development Agreement will allow for the continuation of the City's Development Impact Fee Deferral program, which allows for the payment of development impact fees upon request for final inspection rather than at issuance of building permits. City of Chula Vista Page 24 of 26 Printed on 10/31/2014 2014-11-04 Agenda Packet powered by Leg age 174 File#: 14-0582, Item#: 9. • The Development Agreement may be amended from time to time by the mutual written consent of the City and Master Developer and the Owner of any affected portion of the property. • The City shall accept and process with reasonable promptness all completed applications for subsequent approvals. • Development Agreement shall run with the land and benefit and bind future owners should the Master Developer sell or transfer ownership. DECISION-MAKER CONFLICT No Property within 500 feet Staff has reviewed the property holdings of the Planning Commissioners and has found no property holdings within 500 feet of the boundaries of the property that is subject to this action. Staff is not independently aware, and has not been informed by any Planning Commission 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 Village 2 Project supports the Economic Vitality goal, particularly City Initiative 2.1 .3 (Promote and support development of quality master-planned communities). The Village 2 implementation documents (the SPA Plan and TMs) support the development of a quality master-planned community (as described above) with schools, parks, jobs, transit, shopping, and other amenities, all within walking distance for residents. A vocational school will provide access to job training and education opportunities for citizens of Chula Vista and south bay. CURRENT YEAR FISCAL IMPACT The processing for the GP, GDP and SPA Plan amendments, SEIR, Tentative Maps and all supporting documents were funded by a developer deposit account. This account funded city staff and consultants representing the city on the Village 2 Comp SPA project. ONGOING FISCAL IMPACT The proposed project results in an increase of 1 ,562 units within Village 2. The applicant was required to conduct a separate Fiscal Impact Analysis (FIA). The Supplemental FIA for the Village 2 SPA Plan Amendment estimates that both projects yield annual positive impacts to the City at build- out. The proposed amended project is estimated to generate $429,000 annually at build-out versus the approved project that is estimated to generate $832,672 annually at build-out. A comparison of City of Chula Vista Page 25 of 26 Printed on 10/31/2014 2014-11-04 Agenda Packet powered by Leg age 175 File#: 14-0582, Item#: 9. the fiscal impacts of the two projects is over the build-out period is summarized in the following table: Approved S 5.388.126 2 $36.921 - $80. Because the Chula Vista Municipal Code requires that "projects shall be conditioned to provide funding for periods where expenditures exceed projected revenues", a condition of approval has been added to the Tentative Map that requires the applicant enter into an agreement to provide funding to offset the negative fiscal impact prior to approval of the first Final Map in the project. This agreement must be approved by the City. ATTACHMENTS 1 . Locator Map 2. Planning Commission Resolution FSEIR 12-01 3. Draft Planning Commission Minutes 4. Draft City Council Supplemental to FSEIR 02-02 Resolution 5. Draft City Council GPA/GDP/SPA Plan Resolution 6. Draft City Council PC District Regulations Ordinance 7. Draft City Council TM Resolutions- Otay Ranch Village 2 North- Chula Vista Tract 12- 02; 8. Draft City Council TM Resolutions Otay Ranch Village 2 North- Chula Vista Tract 12-03; 9. Draft City Council TM Resolutions Otay Ranch Village 2 North- Chula Vista Tract 12-04; 10. Draft City Council TM Resolutions Otay Ranch Village 2 North- Chula Vista Tract 12-05; 11 . Draft Development Agreement Ordinance 12. Disclosure Statement 13. Village 2 GPA/GDP/SPA Plan Amendments booklet (disc) - on file at the City Clerk's Office. 14. Tentative Maps (PCS 12-02; PCS 12-03; PCS 12-04; PCS 12-05) (disc) - on file at the City Clerk's Office. 15. Village 2 Supplemental EIR 12-01 (disc) -on file at the City Clerk's Office. 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FSEIR 12-01 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF CHULA VISTA NOT MAKE CERTAIN FINDINGS OF FACT; NOT ADOPT A STATEMENT OF OVERRIDING CONSIDERATIONS; NOT ADOPT A MITIGATION MONITORING AND REPORTING PROGRAM AND NOT CERTIFY THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT (FSEIR 12-01/SCH 2003091012) FOR AMENDMENTS TO THE GENERAL PLAN, OTAY RANCH GENERAL DEVELOPMENT PLAN, OTAY RANCH VILLAGES TWO, THREE AND A PORTION OF FOUR SECTIONAL PLANNING AREA PLAN, FOUR ASSOCIATED TENTATIVE MAPS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, Baldwin and Sons, LLC, submitted applications requesting approvals for a General Plan, General Development Plan, Sectional Planning Area (SPA) Plan amendment(s) and four(4) Tentative Maps (TMs), for Otay Ranch Village Two(Project); and WHEREAS, a Draft Supplemental Environmental Impact Report (Draft SEIR 12-01 or Draft SEIR) for the Project was issued for public review on May 20, 2014, and was processed through the State Clearinghouse; and WHEREAS, in consideration of the comments received on the Draft SEIR and requirements of the California Environmental Quality Act (CEQA), a Final Second Tier EIR (Final SEIR 12-01 or Final SEIR)was prepared for the Project; and WHEREAS, Final SEIR 12-01 incorporates all comments and recommendations received on the Draft SEIR, a list of all persons, organizations, and public agencies commenting on the Draft SEIR, and the City's responses to all "significant environmental points" raised by public and agency comments submitted during the review and consultation process, in accordance with CEQA Guidelines Section 15132; and WHEREAS, additional corrections to Final SEIR 12-01 did not result in modifications to conclusions regarding significance of impacts or the addition of significant new information that would require recirculation of the SEIR pursuant to CEQA Guidelines section 15088.5; and WHEREAS, Final SEIR 12-01 incorporates,by reference, the prior EIRs that address the subject property including the 2006 Final Second Tier EIR (EIR 02-02), the 2005 Chula Vista General Plan Update EIR (EIR 05-01), and the Otay Ranch GDP/SRP Program EIR (EIR 90-01) as well as their associated Findings of Fact and Mitigation Monitoring and Reporting Programs; and WHEREAS, the Chula Vista Planning Commission held a duly noticed public hearing for Final SEIR 12-01 on October 8, 2014; and 2014-11-04 Agenda Packet Page 178 Resolution EIR 10-04 Page 12 October 8,2014 NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION of the City of Chula Vista does hereby find, determine,resolve and order as follows: L PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on FSEIR 12-01 held on October 8, 2014, as well as the minutes and resolutions resulting therefrom, shall be incorporated into the record of proceedings pursuant to Public Resources Code Section 21167.6. These documents, along with any proceedings of and documents submitted to the City Council as the decision-makers in certifying the Final SEIR 12-01, shall comprise the entire record of proceedings for any claims under the CEQA (Public Resources Code §21000 et seq.). IL FINAL SEIR 12-01 CONTENTS That Final SEIR 12-01 consists of the following: 1. Final Supplemental EIR for the General Plan, Otay Ranch General Development Plan, Villages Two, Three and a Portion of Four SPA Plan Amendment and 4 TMs 2. Comments received during public review and responses 3. Mitigation Monitoring and Reporting Program 4. Technical Appendices (All hereafter collectively referred to as "Final SEIR 12-01") III. ACCOMPANYING DOCUMENT TO FINAL SEIR 12-01 1. Findings of Fact and Statement of Overriding Considerations IV. COMPLIANCE WITH CALIFORNIA ENVIRONMENTAL QUALITY ACT That the Planning Commission does not find that the benefits of the Project outweigh its impacts and, thus, cannot make the Findings of Fact to support a Statement of Overriding Considerations (Exhibit "A" to this Resolution, a copy which is on file with the office of the City Clerk) and therefore recommends that the City Council not make certain findings of fact; not adopt a Statement of Overriding Considerations; not adopt a Mitigation Monitoring and Reporting Program and not certify the Final Supplemental Environmental Impact Report (FSEIR 12-01/SCH 2003091012) for amendments to the General Plan, Otay Ranch General Development Plan, Otay Ranch Villages Two, Three and a portion of Four Sectional Planning Area Plan, four associated Tentative Maps pursuant to the California Environmental Quality Act. BE IT FURTHER RESOLVED THAT a copy of this Resolution be transmitted to the City Council. 2014-11-04 Agenda Packet Page 179 Resolution EIR 10-04 Page 13 October 8,2014 Presented by: Approved as to form by: Kelly Broughton,FASLA Glen R. Googins Development Services Director City Attorney PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this October 8, 2014,by the following vote, to-wit: AYES: NOES: ABSENT: ABSTENTIONS: Yolanda Calvo, Chairperson Patricia Laughlin, Secretary to Planning Commission Exhibit A - Findings of Fact and Statement of Overriding Considerations 2014-11-04 Agenda Packet Page 180 Supplemental Environmental Impact Report for the Otay Ranch Village Two Comprehensive Section Planning Area Plan Amendment CEQA Findings of Fact and Statement of Overriding Considerations Lead Agency City of Chula Vista 276 Fourth Avenue Chula Vista, California 91910 AUGUST 2014 2014-11-04 Agenda Packet Page 181 Printed on 30% post-consumer recycled material. 2014-11-04 Agenda Packet Page 182 CEQA Findings of Fact and Statement of Overriding Considerations TABLE OF CONTENTS Section Page No. 1.0 INTRODUCTION..............................................................................................................1 2.0 PROJECT DESCRIPTION..............................................................................................3 2.1 Discretionary Actions ............................................................................................. 4 2.2 Project Objectives................................................................................................... 4 2.3 Background............................................................................................................. 5 3.0 RECORD OF PROCEEDINGS.......................................................................................7 4.0 FINDINGS REQUIRED UNDER CEQA........................................................................9 4.1 Legal Effects of Findings...................................................................................... 11 5.0 MITIGATION MONITORING AND REPORTING PROGRAM............................13 6.0 SUMMARY OF IMPACTS............................................................................................15 7.0 FINDINGS REGARDING SIGNIFICANT DIRECT, INDIRECT,AND CUMULATIVE EFFECTS AND MITIGATION MEASURES.................................17 7.1 Impacts that can be Mitigated to Below a Level of Significance ......................... 17 7.1.1 Transportation, Circulation, and Access................................................... 17 7.1.2 Noise ......................................................................................................... 20 7.1.3 Biological Resources ................................................................................ 27 7.1.4 Geology and Soils..................................................................................... 32 7.1.5 Public Services.......................................................................................... 34 7.1.6 Utilities...................................................................................................... 35 7.2 Significant and Unavoidable Impacts................................................................... 37 7.2.1 Transportation, Circulation, and Access................................................... 37 7.2.2 Air Quality ................................................................................................41 7.2.3 Utilities......................................................................................................44 8.0 FEASIBILITY FOR POTENTIAL PROJECT ALTERNATIVES ...........................46 8.1 Reduced Density Alternative................................................................................ 49 8.2 No Project Alternative .......................................................................................... 51 8.3 Environmentally Superior Alternative.................................................................. 51 9.0 STATEMENT OF OVERRIDING CONSIDERATIONS...........................................52 9.1 Project Benefits..................................................................................................... 53 9.1.1 Implementation of the Otay Ranch General Development Plan Goals, Objectives and Principles-------------------------------------------------------------------------- 53 9.1.2 Extraordinary Benefits.............................................................................. 56 10.0 CONCLUSION................................................................................................................58 Otay Ranch Village Two Comprehensive SPA Plan Amendment Supplemental EIR i 2014-11-04 Agenda Packet Page 183 CEQA Findings of Fact and Statement of Overriding Considerations TABLE 1 Comparison of Proposed Village Two Development..........................................................3 Otay Ranch Village Two Comprehensive SPA Plan Amendment Supplemental EIR ii 2014-11-04 Agenda Packet Page 184 CEQA Findings of Fact and Statement of Overriding Considerations INTENTIONALLY LEFT BLANK Otay Ranch Village Two Comprehensive SPA Plan Amendment Supplemental EIR iii 2014-11-04 Agenda Packet Page 185 CEQA Findings of Fact and Statement of Overriding Considerations 1.0 INTRODUCTION The Final Supplemental Environmental Impact Report (EIR or SEIR) prepared for the Otay Ranch Village Two Comprehensive Sectional Planning Area (SPA) Plan Amendment (proposed project) addresses the potential environmental effects associated with implementation of the project. In addition, the Final EIR evaluates two alternatives to the project. These alternatives include the following: (1) Reduced Project Alternative and(2)No Project Alternative. The Final EIR represents a Supplemental EIR, in accordance with California Environmental Quality Act (CEQA) Section 21166, and tiers from the certified the 2006 Second Tier EIR (EIR 02-02/ SCH 92003091012) for the Otay Ranch Villages Two, Three and a Portion of Village Four SPA Plan as amended and analyzed in the Addendum to the SPA Plan EIR and Otay Ranch Village Two SPA Plan Amendment Mitigated Negative Declaration (collectively referred to as the 2006 EIR). These findings have been prepared in accordance with requirements of CEQA (Pub. Resources Code Section 21000 et seq.) and the CEQA Guidelines (Cal. Code Regs. Title 14, Section 15000 et seq.). Otay Ranch Village Two Comprehensive SPA Plan Amendment Supplemental EIR 1 2014-11-04 Agenda Packet Page 186 CEQA Findings of Fact and Statement of Overriding Considerations INTENTIONALLY LEFT BLANK Otay Ranch Village Two Comprehensive SPA Plan Amendment Supplemental E I R 2 2014-11-04 Agenda Packet Page 187 CEQA Findings of Fact and Statement of Overriding Considerations 2.0 PROJECT DESCRIPTION Baldwin & Sons has planned the proposed project to create a complete village; one that is responsive to homebuyer preferences and is viable in light of current economic conditions, village ownership, infrastructure status, and government policy objectives/requirements. The plan features increased residential densities, diversity of residential product types, and resident amenities such as park and CPF uses and an additional neighborhood elementary school. The proposed project will provide opportunities for increased viability of commercial uses, transit ridership, village"walkability", and decreased automobile dependence. The proposed project would add 1,562 dwelling units in a variety of residential types for a total of 4,545 units in Village Two (3,435 du under Baldwin & Sons ownership). The proposed project would increase the allocated single family dwelling units by up to 311 and introduce 1,251 multi-family dwelling units. In addition, up to 130,000 square feet of commercial uses would be located on the MU-2, MU-3 and C-1 parcels combined. In order to account for the increase in residential uses, the proposed project will also include an additional 9.5 acres for a new elementary school, 10.8 acres of parkland (provided beyond the required parkland acreage), and 7.8 acres of CPF. The project would also result in the relocation of the City of San Diego waterline from its current alignment through Village Two to a proposed alignment along La Media Road and Olympic Parkway. Table 1 shows a comparison of the development of Village Two as proposed under the current SPA Plan and the proposed project,which was analyzed in the 2006 EIR. Table 1 Comparison of Proposed Village Two Development Land Use Current SPA Plan Proposed Project Net Change Single-Family(B&S)(du) 451 762 311* Multi-Family(B&S)(du) 1,422 2,673 1,251* Other Residential**(du) 1,110 1,110 0 Total Residential(du) 2,983 4,545 1,562 Industrial(ac) 60.7 62.4 1.7 Mixed Use and Commercial(ac) 21.0 22.5 1.5 CPF(ac) 6.3 14.1 7.8 Park(ac) 58.7 69.5 10.8 School(ac) 10.3 19.8 9.5 Open Space(ac) 200.2 200.2 0.0 Future Development(ac) 33.1 0.0 -33.1 * A net change of 311 single-family residential units and 1,251 multi-family residential units is analyzed in this EIR, consistent with the project's Traffic Impact Analysis (Chen Ryan 2013). These unit assumptions are considered conservative in terms of vehicle trip generation because single-family units generate a greater number of trips than multi-family units;therefore,these numbers are used for environmental impact analysis purposes. However, the proposed project would result in a net decrease of 70 single-family residential units,and a net increase of 1,632 multi-family units.As a result,impacts that result from traffic generation are overestimated in the EIR. ** Other Residential"is not a part of the proposed project,data is presented for information/analysis purposes. B&S=Baldwin and Sons;du=dwelling units;ac=acres Otay Ranch Village Two Comprehensive SPA Plan Amendment Supplemental EIR 3 2014-11-04 Agenda Packet Page 188 CEQA Findings of Fact and Statement of Overriding Considerations 2.1 Discretionary Actions The discretionary actions to be taken by the Chula Vista City Council include the following: • Certification of a Final EIR and adoption of a Mitigation Monitoring and Reporting Program pursuant to the California Environmental Quality Act (CEQA). • Approval of the Chula Vista General Plan Amendments • Approval of the Otay Ranch General Development Plan Amendments • Approval of SPA Plan Amendments for Villages 2, 3 and a Portion of 4 • Approval of the Otay Ranch Core Master Precise Plan Amendments • Approval of Tentative Maps for Village Two • Approval to relocate the City of San Diego waterline through Village Two from existing alignment into future alignment of La Media Road and Olympic Parkway Future development proposed in accordance with the proposed project would require discretionary approvals. Such future discretionary actions are anticipated to include (but are not be limited to) the following: Design Review Permits, Conditional Use Permits, and Subarea Master Plans. While future discretionary actions will require future environmental review, once certified, this EIR can be relied upon for relevant environment analysis, subject to the laws governing such reliance. The City Council will determine whether the Final EIR is complete and in compliance with CEQA and the CEQA Guidelines as part of the certification process. 2.2 Project Objectives As specified in the Final EIR, the primary objectives of the proposed project are as follows: • Increase density in and around the Core. Density would be increased in and around Village Two to further the vision of the Otay Ranch GDP and the 2006 Village of Montecito SPA. • Increase housing choices and align with the housing market. The proposed project would bring Village Two planning in-line with today's marketplace and homebuyer preference. This would provide Chula Vista residents with additional housing choices/opportunities. Aligning Village planning and today's housing market also facilitates construction and home sales. • Enhance the viability of transit. Increasing the number of dwelling units (and population) in Village Two would provide additional ridership for the regional Bus Rapid Transit and local bus systems. This would increase ridership/viability of the transit system and reduce automobile dependence, emissions, and traffic. Otay Ranch Village Two Comprehensive SPA Plan Amendment Supplemental EIR 4 2014-11-04 Agenda Packet Page 189 CEQA Findings of Fact and Statement of Overriding Considerations • Enhance the viability of commercial and industrial uses. Increasing the number of dwelling units (and population) in Village Two would strengthen the market for the commercial uses in the village. This would enhance the mixed use character of the Village and support the walkable,main street character of the village core. Supporting the commercial and industrial uses also would help to promote a balance between jobs and housing. • Mixing uses to encourage walking and biking. With viable commercial uses, Village Two residents would be able to meet daily needs such as groceries, dry cleaning and entertainment within the village. By providing these uses, as well as schools and parks, close to resident's homes, the opportunity for walking and biking would be provided rather than automobile use. This would promote a healthy lifestyle, encourage local businesses, and reduce automobile dependence, emissions, and traffic. • Walking to schools. Providing two elementary schools within Village Two puts residents and students closer to those schools which would allow implementation of programs such as `walking school buses' where students walk to school in groups as opposed to getting rides or busing. This would promote a healthy lifestyle for students while reducing automobile dependence, emissions, and traffic. • Water pipeline relocation. As part of the proposed project, the water pipeline owned by the City of San Diego which currently bisects Village Two would be relocated to La Media Road. This would allow cohesive development and reduce some of the development constraints that exist today. • Additional housing within the same development footprint. Increasing density in select locations would create additional housing within the same village footprint. This would allow for new home creation in today's marketplace, increase affordability for homebuyers, increase viability of commercial uses, and decrease per capita costs of infrastructure and municipal services. 2.3 Background Otay Ranch is a partially developed master-planned community that proposes a broad range of residential, commercial, retail, and industrial development interwoven with civic and community uses, such as libraries, parks, and schools. The community is 23,000 acres in size, and includes an open space preserve system consisting of approximately 11,375 acres. Village Two is one of the designated fourteen villages within the Otay Ranch General Development Plan (GDP) area. The GDP was most recently amended in 2013. The GDP establishes land plans, design guidelines, objectives, policies, and implementation measures that apply to all portions of Otay Ranch while supporting a balance of housing, shops, workplaces, schools, parks, civic facilities, and open spaces. The majority of development is intended to be clustered in villages, with Otay Ranch Village Two Comprehensive SPA Plan Amendment Supplemental E I R 5 2014-11-04 Agenda Packet Page 190 CEQA Findings of Fact and Statement of Overriding Considerations conveniently located features and well-defined edges such as the Chula Vista greenbelt, open spaces, and wildlife corridors. The proposed project is a comprehensive amendment to the existing SPA Plan. The SPA Plan is a document that refines and implements the land use plans, goals, and objectives of the Otay Ranch GDP for the development of Village Two. Under the implementation program for the Otay Ranch GDP, review and City Council approval of SPA plans is required before final development entitlements can be considered. Otay Ranch Village Two Comprehensive SPA Plan Amendment Supplemental E I R 6 2014-11-04 Agenda Packet Page 191 CEQA Findings of Fact and Statement of Overriding Considerations 3.0 RECORD OF PROCEEDINGS For purposes of CEQA and the findings set forth below, the administrative record of the City Council decision on the environmental analysis of this project shall consist of the following: • The Notice of Preparation and all other public notices issued by the City in conjunction with the project; • The Draft and Final EIR for the project (SEIR 412-01), including appendices and technical reports; • All comments submitted by agencies or members of the public during the public comment period on the Draft EIR • All reports, studies,memoranda, maps, staff reports, or other planning documents relating to the project prepared by the City, consultants to the City, or responsible or trustee agencies with respect to the City's compliance with the requirements of CEQA and the City's actions on the project; • All documents, comments, and correspondence submitted by members of the public and public agencies in connection with this project, in addition to comments on the EIR for the project; • All documents submitted to the City by other public agencies or members of the public in connection with the EIR,up through the close of the public hearing; • Minutes and verbatim transcripts of the scoping meeting, other public meetings, and public hearings held by the City; • All findings and resolutions adopted by City decision makers in connection with this project, and all documents cited or referred to therein; and • Matters of common knowledge to the City which the members of the City Council considered regarding this project, including federal, state, and local laws and regulations. The City Council has relied on all of the documents listed above in reaching its decision on the project, even if every document was not formally presented to the City Council or City staff as part of the City files generated in connection with the project. Otay Ranch Village Two Comprehensive SPA Plan Amendment Supplemental EIR 7 2014-11-04 Agenda Packet Page 192 CEQA Findings of Fact and Statement of Overriding Considerations INTENTIONALLY LEFT BLANK Otay Ranch Village Two Comprehensive SPA Plan Amendment Supplemental E I R 8 2014-11-04 Agenda Packet Page 193 CEQA Findings of Fact and Statement of Overriding Considerations 4.0 FINDINGS REQUIRED UNDER CEQA Public Resources Code Section 21002 provides that"public agencies should not approve projects as proposed if there are feasible alternatives or feasible mitigation measures available which would substantially lessen the significant environmental effects of such projects." (emphasis added.) The same statute states that the procedures required by CEQA "are intended to assist public agencies in systematically identifying both the significant effects of proposed projects and the feasible alternatives or feasible mitigation measures which will avoid or substantially lessen such significant effects" (emphasis added). Section 21002 goes on to state that "in the event [that] specific economic, social, or other conditions make infeasible such project alternatives or such mitigation measures, individual projects may be approved in spite of one or more significant effects." The mandate and principles announced in Public Resources Code Section 21002 are implemented, in part, through the requirement that agencies must adopt findings before approving projects for which EIRs are required (see Pub. Resources Code Section 21081, Subd. (a); CEQA Guidelines Section 15091, Subd. (a)). For each significant environmental effect identified in an EIR for a proposed project, the approving agency must issue a written finding reaching one or more of three permissible conclusions. The first such finding is that "[c]hanges or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR" (CEQA Guidelines Section 15091, Subd. (a)(1)). The second permissible finding is that "[s]uch changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency" (CEQA Guidelines Section 15091, Subd. (a)(2)). The third potential finding is that "[s]pecific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR" (CEQA Guidelines Section 15091, Subd. (a)(3)). Public Resources Code Section 21061.1 defines "feasible" to mean "capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors." CEQA Guidelines Section 15364 adds another factor: "legal" considerations (see also Citizens of Goleta Valley v. Board of Supervisors (1990) 52 Cal.3d 553, 565 [276 Cal.Rptr. 410]). The concept of "feasibility" also encompasses the question of whether a particular alternative or mitigation measure promotes the underlying goals and objectives of a project(see City of Del Mar v. City ofSan Diego(1982) 133 Cal.App.3d 410, 417 [83 Cal.Rptr. 898]). " `[F]easibility' under CEQA encompasses `desirability' to the extent that desirability is based on a reasonable balancing of the relevant economic, environmental, social, and technological factors" (Ibid.; see also Sequoyah Hills Homeowners Assn. v. City of Oakland(1993)23 Cal.App.4th 704, 715 [29 Cal.Rptr.2d 182]). Otay Ranch Village Two Comprehensive SPA Plan Amendment Supplemental EIR 9 2014-11-04 Agenda Packet Page 194 CEQA Findings of Fact and Statement of Overriding Considerations The CEQA Guidelines do not define the difference between "avoiding" a significant environmental effect and merely "substantially lessening" such an effect. The City must therefore glean the meaning of these terms from the other contexts in which the terms are used. Public Resources Code Section 21081, on which CEQA Guidelines Section 15091 is based, uses the term "mitigate" rather than "substantially lessen." The CEQA Guidelines therefore equate "mitigating" with "substantially lessening." Such an understanding of the statutory term is consistent with the policies underlying CEQA, which include the policy that "public agencies should not approve projects as proposed if there are feasible alternatives or feasible mitigation measures available which would substantially lessen the significant environmental effects of such projects" (Pub. Resources Code Section 21002). For purposes of these findings, the term "avoid" refers to the effectiveness of one or more mitigation measures to reduce an otherwise significant effect to a less than significant level. In contrast, the term "substantially lessen" refers to the effectiveness of such measure or measures to substantially reduce the severity of a significant effect, but not to reduce that effect to a less than significant level. These interpretations appear to be mandated by the holding in Laurel Hills Homeowners Association v. City Council (1978) 83 Cal.App.3d 515, 519-527 [147 Cal.Rptr. 842], in which the Court of Appeal held that an agency had satisfied its obligation to substantially lessen or avoid significant effects by adopting numerous mitigation measures, not all of which rendered the significant impacts in question less than significant. Although CEQA Guidelines Section 15091 requires only that approving agencies specify that a particular significant effect is "avoid[ed] or substantially lessen[ed]," these findings, for purposes of clarity, in each case will specify whether the effect in question has been reduced to a less than significant level or has simply been substantially lessened but remains significant. Moreover, although Section 15091, read literally, does not require findings to address environmental effects that an EIR identifies as merely "potentially significant," these findings will nevertheless fully account for all such effects identified in the Final EIR. In short, CEQA requires that the lead agency adopt mitigation measures or alternatives, where feasible, to substantially lessen or avoid significant environmental impacts that would otherwise occur. Project modifications or alternatives are not required, however, where such changes are infeasible or where the responsibility for modifying the project lies with some other agency (CEQA Guidelines Section 15091, Subd. (a), (b)). With respect to a project for which significant impacts are not avoided or substantially lessened either through the adoption of feasible mitigation measures or a feasible environmentally superior alternative, a public agency, after adopting proper findings, may nevertheless approve the project if the agency first adopts a statement of overriding considerations setting forth the Otay Ranch Village Two Comprehensive SPA Plan Amendment Supplemental EIR 10 2014-11-04 Agenda Packet Page 195 CEQA Findings of Fact and Statement of Overriding Considerations specific reasons why the agency found that the project's "benefits" rendered "acceptable" its "unavoidable adverse environmental effects" (CEQA Guidelines Sections 15093 and 15043, Subd. (b); see also Pub. Resources Code Section 21081, Subd. (b)). The California Supreme Court has stated that, "[t]he wisdom of approving...any development project, a delicate task which requires a balancing of interests, is necessarily left to the sound discretion of the local officials and their constituents who are responsible for such decisions. The law as we interpret and apply it simply requires that those decisions be informed, and therefore balanced" (Goleta, supra, 52 Cal.3d 553, 576). 4.1 Legal Effects of Findings To the extent that these findings conclude that proposed mitigation measures outlined in the Final EIR are feasible and have not been modified, superseded, or withdrawn, the City hereby binds itself and any other responsible parties, including the applicant and its successors in interest (hereinafter referred to as "project applicant"), to implement those measures. These findings, in other words, are not merely informational or hortatory, but constitute a binding set of obligations that will come into effect when the City adopts the resolution(s)approving the project. The adopted mitigation measures are express conditions of approval. Other requirements are referenced in the Mitigation Monitoring Reporting Program (MMRP) adopted concurrently with these findings and will be effectuated both through the process of implementing the Village Two Comprehensive SPA Plan Amendment and through the process of constructing and implementing the project. Otay Ranch Village Two Comprehensive SPA Plan Amendment Supplemental E I R 11 2014-11-04 Agenda Packet Page 196 CEQA Findings of Fact and Statement of Overriding Considerations INTENTIONALLY LEFT BLANK Otay Ranch Village Two Comprehensive SPA Plan Amendment Supplemental E I R 12 2014-11-04 Agenda Packet Page 197 CEQA Findings of Fact and Statement of Overriding Considerations 5.0 MITIGATION MONITORING AND REPORTING PROGRAM As required by Public Resources Code Section 21081.6, Subd. (a)(1), the City, in adopting these findings, also concurrently adopts a MMRP. The program is designed to ensure that during project implementation, the applicant and any other responsible parties comply with the feasible mitigation measures identified below. The program is described in the document entitled Otay Ranch Village Two Comprehensive Sectional Planning Area Plan Amendment Mitigation Monitoring Reporting Program. The City will use the MMRP to track compliance with project mitigation measures. The MMRP will be available for the public to review by request during the mitigation compliance period, which is on-going following project approval through buildout of the project. The monitoring program will serve the dual purpose of verifying completion of the mitigation measures for the project and generating information on the effectiveness of the mitigation measures to guide future decisions. The program includes monitoring team qualifications, specific monitoring activities, a reporting system, and criteria for evaluating the success of the mitigation measures. As the Final EIR tiers from the 2006 EIR, all applicable mitigation measures identified in the 2006 EIR are also included in the MMRP. The applicability of 2006 EIR mitigation measures is discussed throughout Chapter 5 of the Final EIR. Otay Ranch Village Two Comprehensive SPA Plan Amendment Supplemental EIR 13 2014-11-04 Agenda Packet Page 198 CEQA Findings of Fact and Statement of Overriding Considerations INTENTIONALLY LEFT BLANK Otay Ranch Village Two Comprehensive SPA Plan Amendment Supplemental E I R 14 2014-11-04 Agenda Packet Page 199 CEQA Findings of Fact and Statement of Overriding Considerations 6.0 SUMMARY OF IMPACTS Chapter 5 of the Final EIR presents the Environmental Impact Analysis of the proposed project. Based on the analysis contained in Chapter 5 of the Final EIR, the Final EIR concludes that the proposed Village Two Comprehensive SPA Plan Amendment will have no new significant impacts and require no new mitigation beyond what has been previously analyzed, approved, and mitigated for under the 2006 EIR with respect to the following issues: • Land Use • Water Quality and Hydrology • Public Services: Fire Protection, Police Protection, Schools, Libraries • Utilities: Water, Recycled Water, Solid Waste, Energy (direct) • Climate Change • Housing and Population Chapter 9 of the Final EIR presents the Effects Found Not To Be Significant of the proposed project. Based on the discussion contained in Chapter 9 of the Final EIR, the Final EIR concludes that the proposed Village Two Comprehensive SPA Plan Amendment will not result in any potential environmental effects beyond what has been previously analyzed, approved, and mitigated for under the 2006 EIR with respect to the following issues: • Aesthetics • Agricultural and Forestry Resources • Cultural Resources • Hazards and Risk of Upset • Mineral Resources Based on the analysis contained in Chapter 5 of the Final EIR, the Final EIR concludes potentially significant impacts of the proposed Village Two Comprehensive SPA Plan Amendment will be mitigated, with mitigation beyond what has been previously analyzed, approved, and mitigated for under the 2006 EIR, to a level below significance with respect to the following issues: • Transportation, Circulation, and Access • Noise • Biological Resources Otay Ranch Village Two Comprehensive SPA Plan Amendment Supplemental EIR 15 2014-11-04 Agenda Packet Page 200 CEQA Findings of Fact and Statement of Overriding Considerations • Geology and Soils • Public Services: Parks • Utilities: Sewer Based on the analysis contained in Chapter 5 of the Final EIR, the Final EIR concludes that no feasible mitigation measures, including those identified within the 2006 EIR, are available to reduce impacts to a level below significance for the following issues: • Transportation, Circulation, and Access: Interstate 805, Olympic Parkway, and Orange Avenue • Air Quality • Utilities: Energy (Cumulative) Otay Ranch Village Two Comprehensive SPA Plan Amendment Supplemental EIR 16 2014-11-04 Agenda Packet Page 201 CEQA Findings of Fact and Statement of Overriding Considerations 7.0 FINDINGS REGARDING SIGNIFICANT DIRECT, INDIRECT, AND CUMULATIVE EFFECTS AND MITIGATION MEASURES 7.1 Impacts that can be Mitigated to Below a Level of Significance 7.1.1 Transportation, Circulation, and Access Level of Service Thresholds of Significance Impacts to traffic, circulation, and access would be significant if the proposed project would: • Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersection). • Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways. Impact The proposed project would have direct and cumulative impacts to the surrounding circulation system, including roadway segments, intersection, and freeway segments under the Year 2020, Year 2025, and Year 2030 conditions. Explanation A portion of the direct and cumulative impacts to level of service of roadway segments and intersections would be mitigable. These impacts are as follows: Year 2025 Conditions Intersections Project Specific • Heritage Road/Olympic Parkway Cumulative • La Media Road/Olympic Parkway Otay Ranch Village Two Comprehensive SPA Plan Amendment Supplemental E I R 17 2014-11-04 Agenda Packet Page 202 CEQA Findings of Fact and Statement of Overriding Considerations • La Media Road(SB)/Main Street(WB) • La Media Road(NB)/Main Street(WB) • La Media Road(SB)/Main Street(EB) • La Media Road(NB)/Main Street(EB) • Magdalena Avenue/Main Street Roadway Segments Project Specific • Heritage Road,between East Palomar Street and Olympic Parkway Cumulative • Olympic Parkway,between Heritage Road and Santa Venetia Street Mitigation MM-TCA-3 Heritage Road/Olympic Parkway (CV) — Prior to occupancy of the 1,31 Ith EDU of the Village Two Comprehensive SPA, the project applicant or its designee shall cause, through the payment of Transportation Development Impact Fees (TDIF), the construction of Main Street, between Heritage Road and La Media Road, as a 6-lane Prime Arterial. MM-TCA-5 La Media Road/Olympic Parkway (CV) — Prior to the issuance of the final map that contains the 1,311th EDU of the Village Two Comprehensive SPA, the project applicant or its designee shall cause, through the payment of Transportation Development Impact Fees (TDIF), the construction of Main Street, between Heritage Road and La Media Road, as a 6-1ane Prime Arterial. MM-TCA-6 La Media Road (SB)/Main Street (WB) (all-way stop controlled) (CV) — Prior to issuance of the final map that contains the 1,31 Ith EDU of the Village Two Comprehensive SPA, the project applicant or its designee shall pay its fair- share towards the cost of signalizing the intersection of La Media Road (SB)/Main Street (WB). MM-TCA-7 La Media Road (NB)/Main Street (WB) (all-way stop controlled) (CV) — Prior to issuance of the final map that contains the 1,31 Ith EDU of the Village Two Comprehensive SPA, the project applicant or its designee shall pay its fair- Otay Ranch Village Two Comprehensive SPA Plan Amendment Supplemental E I R 18 2014-11-04 Agenda Packet Page 203 CEQA Findings of Fact and Statement of Overriding Considerations share towards the cost of signalizing the intersection of La Media Road (NB)/Main Street (WB). MM-TCA-8 La Media Road (SB)/Main Street (EB) (all-way stop controlled) (CV) — Prior to issuance of the final map that contains the 1,31 Ith EDU of the Village Two Comprehensive SPA, the project applicant or its designee shall pay its fair- share towards the cost of signalizing the intersection of La Media Road (SB)/Main Street (EB). MM-TCA-9 La Media Road (NB)/Main Street (EB) (all-way stop controlled) (CV) — Prior to issuance of the final map that contains the 1,31 Ith EDU of the Village Two Comprehensive SPA, the project applicant or its designee shall pay its fair- share towards the cost of signalizing the intersection of La Media Road (NB)/Main Street (EB). MM-TCA-10 Magdalena Avenue/Main Street (one-way stop controlled) (CV) — Prior to issuance of the final map that contains the 1,311th EDU of the Village Two Comprehensive SPA, the project applicant or its designee shall pay its fair-share towards the cost of signalizing the intersection of Magdalena Avenue/Main Street. MM-TCA-11 Heritage Road, between East Palomar Street and Olympic Parkway (CV) — Prior to the issuance of the final map that contains the 1,311th EDU of the Village Two Comprehensive SPA, the project applicant or its designee shall pay Transportation Development Impact Fees (TDIF) for the construction of Main Street, between Heritage Road and La Media Road, as a 6-1ane Prime Arterial, including the construction of Main Street bridge. MM-TCA-13 Olympic Parkway, between Heritage Road and Santa Venetia Street (CV) — Prior to the issuance of the final map that contains the 1,311th EDU of the Village Two Comprehensive SPA, the project applicant or its designee shall pay Transportation Development Impact Fees (TDIF) for the construction of Main Street, between Heritage Road and La Media Road, as a 6-1ane Prime Arterial, including the construction of Main Street Bridge. Finding Pursuant to Section 15091(a)(1) of the CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that will substantially lessen or avoid the significant effect as identified in the Final EIR to a level of insignificance. Specifically, mitigation measures MM- TCA-3, MM-TCA-5 through MM-TCA-11, and MM-TCA-13 are feasible and shall be required as a condition of approval and made binding on the applicant. Implementation of these Otay Ranch Village Two Comprehensive SPA Plan Amendment Supplemental E I R 19 2014-11-04 Agenda Packet Page 204 CEQA Findings of Fact and Statement of Overriding Considerations mitigation measures will reduce significant direct impacts related to these transportation impacts to a less than significant level. Reference FEIR Section 5.2 7.1.2 Noise Excessive Noise Levels Thresholds of Significance Impacts to noise would be significant if the proposed project would: • Expose persons to or generation of noise levels in excess of standards established in the Chula Vista General Plan or noise ordinance, or applicable standards of other agencies. Impact Implementation of the proposed project would have the potential to result in exposures to noise levels in excess of the City's noise standards from traffic noise; on-site land uses including schools, parks and recreation, industrial, and commercial; and off-site schools. Explanation Olympic Parkway provides access from Interstate 805 and SR-125 to Village Two, and is aligned along the northern boundary of the development portion of the Village. Olympic Parkway under the Year 2025 Plus Project scenario would carry up to 52,000 ADT (average daily traffic) adjacent to Village Two, and up to 39,300 ADT adjacent to Village Two in the Year 2030 Plus Project scenario. Residences are planned at the northern boundary of the development area, which are adjacent to Olympic Parkway. The first row of homes closest to Olympic Parkway could be exposed to noise levels ranging to 67 dB CNEL from future traffic (Years 2025 and 2030 with Project). This noise level associated with future Olympic Parkway traffic volumes would exceed the exterior noise criterion of 65 dB CNEL. Interior noise levels would potentially exceed 45 dBA CNEL at the proposed residences adjacent to Olympic Parkway, Heritage Road, and La Media Road resulting from future traffic. On-site commercial and industrial land uses would have the potential to expose adjacent residential land uses to noise levels that exceed the City's noise thresholds and would result in a potentially significant impact.Noise levels associated with the commercial activities would vary depending on the number of delivery trucks, loading dock areas and customer traffic generated by the Otay Ranch Village Two Comprehensive SPA Plan Amendment Supplemental E I R 20 2014-11-04 Agenda Packet Page 205 CEQA Findings of Fact and Statement of Overriding Considerations commercial site, as well as the location of parking areas. Similarly, HVAC equipment noise would vary depending on the number and types of equipment selected. Industrial land uses possess many of the same noise generating characteristics as commercial uses (loading/unloading docks and parking lots; HVAC equipment; maintenance activities; and additional truck traffic along adjacent roads), but often include manufacturing processes and materials handling operations with additional noise generation potential. These industrial activities would have the potential to result in average noise levels above the City's noise thresholds. Six park sites are planned for Village Two. Visitors to the parks would participate in active and passive recreational activities. Based upon the most recent design drawings, three of the proposed parks would be separated from residences or other noise-sensitive land uses by a local roadway of approximately 60 feet or more. However, three of the parks (P-1, P-3, P-613) would be located adjacent to residences. Thus, noise levels from the proposed parks could exceed 65 dB during daytime park operating hours. According to the Chula Vista Municipal Code Section 2.66.270, some parks in the city are permitted to stay open as late as 10:30 p.m.; the noise threshold between 10:00 p.m. and 10:30 p.m. is lower(45 dB) and therefore there could be significant impacts after 10 p.m. It is likely that noise levels after 10:00 p.m. would generally be lower than those occurring during peak park activity hours; however, noise levels could exceed the 45 dB threshold. On-site traffic could expose on-site schools to exterior noise levels in excess of the City's noise thresholds and would result in a potentially significant impact. Two elementary schools are designated for Village Two. Proposed school site S-I is located approximately at the center of the development area, bounded on all four sides by local roads (including Santa Victoria Road to the south). Traffic volume projections are not available for the roads bordering these school sites; therefore, future noise contours from roadway operations are not available. However, it is possible that future traffic volumes carried on one or more of these bordering roads could have an associated 65 dB CNEL contour that extends to the school sites. Therefore, traffic-related noise exposure levels within exterior use areas for the schools (i.e., playground, sports fields, athletic courts, etc.) could exceed the established noise standards Otay Ranch High School is an existing source of operational noise, and is located north of Village Two. Typically, the main sources of noise from high schools to the surrounding area are organized sports activities at the football stadium that involve amplified speakers and crowd noise. The football field is located on the southwest side of the campus; the nearest loudspeaker (one of six) is located approximately 140 feet north of the proposed residential uses in Neighborhood R-8C of Village Two. Football games currently generate a noise level of approximately 63 dB at the proposed multi-family residential used in Neighborhood R-8C when speakers are in use, and 50 dB when crowd noise is the primary noise source. Therefore, Otay Ranch Village Two Comprehensive SPA Plan Amendment Supplemental E I R 21 2014-11-04 Agenda Packet Page 206 CEQA Findings of Fact and Statement of Overriding Considerations recreational activities at Otay Ranch High School would exceed the City's noise standard of 55 dBA at the proposed project site. Mitigation MM-NOI-1 Prior to the approval of grading permits for residential development adjacent to Olympic Parkway at Neighborhood R-12A, the project applicant or its designee shall be responsible for the preparation of a subsequent acoustical study based on the final map design and implementation of any measures recommended as a result of the analysis to the satisfaction of the Development Services Director (or their designee). The study shall include, but not be limited to the following: 1. Location, height, and building material of the noise barriers in accordance with Figure 11 (Approximate Sound Wall Locations), contained in the Noise Assessment Technical Report for the Otay Ranch Village Two Comprehensive SPA Plan Amendment (Dudek 2014). The sound wall noise barriers shall be a minimum of six feet in height, must have a surface density of at least four pounds per square foot, and be free of openings and cracks. The wall may be constructed of acrylic glass, masonry material, earthen berm, or a combination of these materials. Heights are provided relative to final pad elevation. Required heights may be achieved through construction of walls, berms or a wall/berm combination; 2. A detailed analysis that demonstrates that barriers and/or setbacks have been incorporated into the project design, such that noise exposure to residential receivers placed in all useable outdoor areas, including multi-family residential patios and balconies, are at or below 65 dBA CNEL; and 3. Should pad grade elevations, lot configuration/site design, and/or traffic assumptions change during the processing of any final maps, the barriers shall be refined to reflect those modifications. MM-NOI-2 Site-Specific Acoustic Analysis — Single-Family Residences. Concurrent with design review and prior to the approval of building permits for single-family residential development in Neighborhoods R-8A and R-8C (only units fronting Olympic Parkway), where the exterior noise level exceeds 60 dBA CNEL, the applicant shall prepare an acoustical analysis ensuring that interior noise levels due to exterior noise sources will be at or below 45 dBA CNEL. Design-level architectural plans shall be used to the exterior-to-interior transmissions loss for habitable rooms. Contingent upon the results of the interior acoustical analysis, units may need to include an air conditioning system to provide a habitable interior environment with the windows closed while meeting the interior standard Otay Ranch Village Two Comprehensive SPA Plan Amendment Supplemental E I R 22 2014-11-04 Agenda Packet Page 207 CEQA Findings of Fact and Statement of Overriding Considerations of 45 dBA CNEL. The acoustical analysis shall be prepared to the satisfaction of the Director of Development Services (or their designee), and all required noise control measures identified in the acoustical analysis shall be made conditions of building permit issuance. MM-NOI-3 Site-Specific Acoustic Analysis — Multi-Family Residences. Concurrent with design review and prior to the approval of building permits for multi-family areas where first and/or second floor exterior noise levels exceed 60 dBA CNEL and/or where required outdoor area (patios or balconies) noise levels exceed 65 dBA CNEL (all units fronting Heritage Road, Olympic Parkway, or La Media Road in Neighborhoods R-5A, R-6, R-12A, R-1213, and MU-3), the applicant shall prepare an acoustical analysis demonstrating compliance with California's Title 24 Interior Noise Standards (i.e., 45 dBA CNEL) and the City's Exterior Land Use/Noise Compatibility Guidelines for outdoor use areas (i.e., 65 dBA CNEL). Design-level architectural plans will be available during design review and will permit the accurate calculation of transmissions loss for habitable rooms. For these areas, it may be necessary for the windows to be able to remain closed to ensure that interior noise levels meet the interior standard of 45 dBA CNEL. Consequently, the design for buildings in these areas may need to include a ventilation or air conditioning system to provide a habitable interior environment with the windows closed based on the result on the interior acoustical analysis. MM-N0I4 As part of the site plan/development plan review process conducted in connection with future commercial, mixed residential, and commercial land use development applications submitted to the City, the applicant or its designee shall prepare site- specific acoustical analyses to the satisfaction of the Director of Development Services (or their designee) to ensure noise levels generated by the proposed use will comply with the City's General Plan noise standards (maximum exterior noise levels of 65 CNEL). The applicant for each development proposal shall be responsible to fund the required acoustical analysis,which shall be prepared to the satisfaction of the Director of Development Services (or its designee). All required noise control measures identified in the acoustical analysis shall be made conditions of development approval. MM-NOI-5 As part of the site plan/development plan review process conducted in connection with future industrial development applications submitted to the City, the applicant or its designee shall prepare a site-specific acoustical analysis to ensure noise levels generated by the proposed use will comply with the City's General Plan noise standards for residential property boundaries proximate to the industrial zone (maximum exterior noise levels of 65 CNEL). Otay Ranch Village Two Comprehensive SPA Plan Amendment Supplemental E I R 23 2014-11-04 Agenda Packet Page 208 CEQA Findings of Fact and Statement of Overriding Considerations The applicant for each development proposal shall be responsible to fund the required acoustical analysis, which shall be prepared to the satisfaction of the Director of Development Services (or their designee). All required noise control measures identified in the acoustical analysis shall be made conditions of development approval. MM-NOI-6 Site Specific Acoustic Analysis - Neighborhood Parks. Concurrent with the preparation of site-specific plan(s) and prior to the approval of a precise grading plan for the neighborhood parks within Village Two, the applicant shall prepare, or in the case the City being the lead on the preparation of the site-specific plan, the applicant shall fund the preparation of an acoustical analysis that shall be conducted to ensure that noise levels generated from any active uses at the neighborhood parks, such as sports fields and playgrounds, do not exceed the exterior noise limits of the receiving land use category as identified in the Chula Vista Noise Ordinance. The applicant shall be responsible for the implementation of any measures recommended as a result of the analysis. Measures to reduce noise levels may include, but would not be limited to or siting of structures or buildings to provide setbacks between active areas and adjacent noise sensitive uses. Final noise attenuation design shall be determined by a site-specific acoustic analysis conducted by a qualified acoustical engineer, to the satisfaction of the Development Services Director, or their designee. MM-NOI-7 Concurrent with design review and prior to the approval of building permits for the elementary schools (S-1 and S-2), the applicant shall be responsible for the preparation of an acoustical analysis ensuring that noise levels at exterior use areas (i.e., playground, sports fields, athletic courts, etc.) will be below 65 dBA CNEL and implementation of any measures recommended as a result of the analysis. Measures to reduce noise levels may include, but would not be limited to, setback of structures from the roadway, installing acoustic barriers, or orienting outdoor activity areas away from roadways so that surrounding structures provide noise attenuation. The acoustical analysis shall also address control measures for outdoor school activity noise and its effect upon immediately adjacent land uses, to ensure school activity related noise levels do not exceed 65 dB CNEL at exterior use areas of adjacent residential properties. The analysis shall also demonstrate that barriers or setbacks have been incorporated into the project design, such that, when considered with proposed construction specifications, ground level and upper story interior noise levels shall not exceed 45 dBA CNEL. Roof-ceiling assemblies making up the building envelope shall have a sound transmission class value of at least 50, and exterior windows shall have a minimum sound transmission class of 30 in Otay Ranch Village Two Comprehensive SPA Plan Amendment Supplemental E I R 24 2014-11-04 Agenda Packet Page 209 CEQA Findings of Fact and Statement of Overriding Considerations compliance with the California Green Building standards code. The acoustical analysis shall be prepared to the satisfaction of the school district, and all required noise control measures identified in the acoustical analysis shall be made conditions of development approval. MM-NOI-8 Prior to the approval of grading permits for residential development adjacent to Otay Ranch High School at Neighborhood R-8C, the project applicant or its designee shall be responsible for the preparation of a subsequent acoustical study based on the final map design and implementation of any measures recommended as a result of the analysis to the satisfaction of the Development Services Director (or their designee). The study shall include,but not be limited to the following: I. Location, height, and building material of a noise barrier in accordance with Figure II (Approximate Sound Wall Locations, Neighborhood R-8C), contained in the Noise Assessment Technical Report for the Otay Ranch Village Two Comprehensive SPA Plan Amendment (Dudek 2014). The sound wall noise barriers shall be a minimum of six feet in height,must have a surface density of at least four pounds per square foot, and be free of openings and cracks. The wall may be constructed of acrylic glass,masonry material, earthen berm, or a combination of these materials. Heights are provided relative to final pad elevation. Required heights may be achieved through construction of walls, berms or a wall/berm combination; 2. A detailed analysis that demonstrates that barriers and/or setbacks have been incorporated into the project design, such that noise exposure to residential receivers placed in all useable outdoor areas, including multi-family residential patios and balconies, are at or below 65 dBA CNEL; and 3. Should pad grade elevations, lot configuration/site design, and/or traffic assumptions change during the processing of any final maps, the barriers shall be refined to reflect those modifications. Finding Pursuant to Section 15091(a)(1) of the CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that will substantially lessen or avoid the significant effect as identified in the Final EIR to a level of insignificance. Specifically, mitigation measures MM- N0I-1 through MM-NOI-8 are feasible and shall be required as a condition of approval and made binding on the project applicant. Implementation of these mitigation measures will reduce significant direct impacts related to excessive noise levels to a less than significant level. Otay Ranch Village Two Comprehensive SPA Plan Amendment Supplemental E I R 25 2014-11-04 Agenda Packet Page 210 CEQA Findings of Fact and Statement of Overriding Considerations Reference FEIR Section 5.4 Temporary Increases in Ambient Noise Levels Thresholds of Significance Impacts to noise would be significant if the proposed project would: • Result in a substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project. Impact Construction of the proposed project would potentially expose on-site residences and Otay Ranch High School to noise levels in excess of the City's noise standards. Explanation With respect to the potential for construction of the project or phases to have nuisance noise impacts upon completed and occupied components within Village Two, a worst-case scenario would be a completed "block" or"neighborhood" separated only by an internal public roadway from another block that is under construction. When the construction equipment is operating, the existing residences could be disturbed by the activities. The generation of noise from construction activities during noise sensitive time periods upon completed and occupied components of the project would be a significant impact. Construction noise could affect existing off-site noise-sensitive land uses. The nearest off-site noise-sensitive land uses relative to the project site is Otay Ranch High School, located adjacent to the project site boundary. As such, project generated construction noise would pose a potentially significant impact on noise-sensitive receptors if construction hour limitations are not imposed. Mitigation MM-NOI-9 All project-related site preparation and construction activities shall be limited to the hours between 7:00 am-6:00 pm, Monday —Friday, and between 8:00 am 6:00 pm Saturday.No construction activities shall occur on Federal holidays (e.g., Thanksgiving, July 4th, Labor Day, etc.). All maintenance of construction equipment shall be limited to the same hours. This language shall be added to the Project grading plans. Non-noise-generating construction activities such as interior painting are not subject to these restrictions. Otay Ranch Village Two Comprehensive SPA Plan Amendment Supplemental E I R 26 2014-11-04 Agenda Packet Page 211 CEQA Findings of Fact and Statement of Overriding Considerations Finding Pursuant to Section 15091(a)(1) of the CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that will substantially lessen or avoid the significant effect as identified in the Final EIR to a level of insignificance. Specifically, mitigation measure MM- N0I-9 is feasible and shall be required as a condition of approval and made binding on the applicant. Implementation of this mitigation measure will reduce significant direct impacts related to temporary increases in ambient noise level to a less than significant level. Reference FEIR Section 5.4 7.1.3 Biological Resources Candidate, Sensitive, or Special Status Species and Migratory Birds Thresholds of Significance Impacts to biological resources would be significant if the proposed project would: • Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Wildlife Service. • Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites. Impact Construction of the proposed project would potentially result in significant direct and indirect impacts to the least Bell's vireo, burrowing owl, and migratory birds. Explanation There is a small patch of southern willow scrub in conjunction with patches of mulefat scrub. There are a number of mid-sized willow trees within the southern willow scrub that potentially provide nesting opportunities for riparian bird species. With the addition of the adjacent mulefat scrub, there are also foraging opportunities. There is a moderate potential for the least Bell's vireo (Vireo bellii pusillus) to occur within the R-8C area during its breeding season (March 15 Otay Ranch Village Two Comprehensive SPA Plan Amendment Supplemental E I R 27 2014-11-04 Agenda Packet Page 212 CEQA Findings of Fact and Statement of Overriding Considerations to September 15). The least Bell's vireo is a federal and state-listed endangered species and an MSCP covered species. Impacts to the least Bell's vireo are potentially significant. In addition to the potential presence of riparian wildlife species, there is some non-native grassland present that may be used by grassland dwelling species including the burrowing owl (Athene cunicularia). The burrowing owl is a MSCP Covered Species. Due to the decline of the population of the burrowing owl within the region, impacts are potentially significant. Impacts could occur to migratory birds, protected under the Migratory Bird Treaty Act (MBTA), utilizing nesting habitat identified within the R-8C area. The nesting and breeding season for migratory birds is January 15 to August 31. If construction should occur within that time, impacts would potentially be significant. Mitigation MM-BIO-3 To avoid any direct impacts to raptors and/or any migratory birds protected under the MBTA, removal of habitat that supports active nests on the proposed area of disturbance should occur outside of the breeding season for these species (January 15 to August 31). If removal of habitat on the proposed area of disturbance must occur during the breeding season, the Project Applicant shall retain a City- approved biologist to conduct a pre-construction survey to determine the presence or absence of nesting birds on the proposed area of disturbance. The pre- construction survey must be conducted within 10 calendar days prior to the start of construction, and the results must be submitted to the City for review and approval prior to initiating any construction activities. If nesting birds are detected, a letter report or mitigation plan, as deemed appropriate by the City, shall be prepared and include proposed measures to be implemented to ensure that disturbance of breeding activities are avoided. The report or mitigation plan shall be submitted to the City for review and approval and implemented to the satisfaction of the City. The City's Mitigation Monitor shall verify and approve that all measures identified in the report or mitigation plan are in place prior to and/or during construction. MM-BI0-4 Due to the moderate potential for least Bell's vireo to be present within the drainage, no construction will occur within 300 feet of the riparian habitat within the drainage during the vireo breeding season (March 15 to September 15). If construction, including clearing, grubbing, grading, must occur during the breeding season, protocol surveys will be conducted for least Bell's vireo. The survey shall be performed to the satisfaction of the Development Services Director (or their designee) by a qualified biologist familiar with the City's MSCP Subarea Plan. The results of the pre-construction survey must be submitted in a Otay Ranch Village Two Comprehensive SPA Plan Amendment Supplemental E I R 28 2014-11-04 Agenda Packet Page 213 CEQA Findings of Fact and Statement of Overriding Considerations report to the Development Services Director (or their designee) for review and approval prior to the issuance of any land development permits and prior to initiating any construction activities. If the least Bell's vireo is detected, a minimum 300-foot buffer delineated by orange biological fencing shall be established around the habitat to ensure that no work shall occur within the occupied habitat from March 15 through September 15 and on-site noise reduction techniques shall be implemented to ensure that construction noise levels do not exceed 60 dB(A) Leq-h at the location of any occupied sensitive habitat areas. The Development Services Director (or their designee) shall have the discretion to modify the buffer width depending on-site-specific conditions. If the results of the pre-construction survey determine that the survey area is unoccupied, the work may commence at the discretion of the Development Services Director(or their designee) following the review and approval of the pre- construction report. MM-BIO-5 Prior to issuance of any land development permits (including clearing and grubbing or grading permits), the project Applicant shall retain a City-approved biologist to conduct focused pre-construction surveys for burrowing owls. The surveys shall be performed no earlier than 30 days prior to the commencement of any clearing, grubbing, or grading activities. If occupied burrows are detected, the City-approved biologist shall prepare a passive relocation mitigation plan subject to the review and approval by the Wildlife agencies and City including any subsequent burrowing owl relocation plans to avoid impacts from construction- related activities. Finding Pursuant to Section 15091(a)(1) of the CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that will substantially lessen or avoid the significant effect as identified in the Final EIR to a level of insignificance. Specifically, mitigation measures MM- 13I04 and MM-13I0-5 are feasible and shall be required as a condition of approval and made binding on the applicant. Implementation of these mitigation measures will reduce significant direct and indirect impacts related to sensitive species and migratory birds to a less than significant level. Reference FEIR Section 5.5 Otay Ranch Village Two Comprehensive SPA Plan Amendment Supplemental E I R 29 2014-11-04 Agenda Packet Page 214 CEQA Findings of Fact and Statement of Overriding Considerations Riparian Habitats, Sensitive Vegetation Communities, or Jurisdictional Wetlands Thresholds of Significance Impacts to biological resources would be significant if the proposed project would: • Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or U. S. Fish and Wildlife Service. • Have a substantial adverse effect on Federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.)through direct removal, filling,hydrological interruption, or other means. Impact The proposed project would directly impact wetlands vegetation communities and jurisdictional wetlands. Explanation Four vegetation communities and four land cover types were identified within the R-8C area which include: non-native grassland (NNG), mulefat scrub (MFS), disturbed mulefat scrub (dMFS), freshwater marsh (FWM), southern willow scrub (SWS), open water (OW), developed land (DEV), disturbed land (DL). Results of the delineation indicate there are two types of regulated jurisdictional resources within the R-8C area including wetlands and non-wetlands waters of the United States under the joint jurisdiction of ACOE, RWQCB, and CDFW except for one area that is under the jurisdiction of CDFW only. The proposed project would directly impact up to 0.97 acres wetlands vegetation communities and jurisdictional wetlands through development of the R-8C area and would be subject to the relevant resource agency's regulations. These vegetation communities and wetlands include 0.18 acres mulefat scrub, 0.19 acres disturbed mulefat scrub, 0.14 acres freshwater marsh, 0.35 southern willow scrub, 0.05 acres of open water, and 0.01 acres of disturbed habitat Swale. Impacts would be significant. Mitigation MM-BI0-1 A total of up to 0.91 acres of wetland and 0.06 acre of waters of the U.S./State within the Project may be impacted within the Development Area. Prior to issuance of land development permits, including clearing, grubbing, and grading permits for areas that impact jurisdictional waters, the Project Applicant shall provide evidence that all required regulatory permits, such as those required under Section 404 of the federal Clean Water Act, Section 1600 of the California Fish and Game Code, and the Porter Cologne Water Quality Act. Otay Ranch Village Two Comprehensive SPA Plan Amendment Supplemental E I R 30 2014-11-04 Agenda Packet Page 215 CEQA Findings of Fact and Statement of Overriding Considerations MM-BIO-2 Prior to issuance of land development permits, including clearing, grubbing, and grading permits that impact jurisdictional waters, the developer(s) shall prepare a Wetlands Mitigation and Monitoring Plan to the satisfaction of the City, ACOE, and CDFW. This plan shall include, at a minimum, an implementation plan, maintenance and monitoring program, estimated completion time, and any relevant contingency measures. Areas under the jurisdictional authority of ACOE and CDFW shall be delineated on all grading plans. Mitigation areas shall occur within the Otay River watershed or other suitable location in accordance with the Wetlands Mitigation and Monitoring Plan to the satisfaction of the City, ACOE, and CDFW. The Project Applicant shall also be required to implement the Wetlands Mitigation and Monitoring Plan subject to the oversight of the City, ACOE, and CDFW. MM-BIO-6 Prior to recordation of each Final Map, the Applicant shall convey land within the Otay Ranch Preserve to the Otay Ranch Preserve Owner/Manager (POM) or its designee at a ratio of 1.188 acres for each acre of development area, as defined in the RMP. Access for maintenance purposes shall also be conveyed to the satisfaction of the POM, and each tentative map shall be subject to a condition that the Applicant shall execute a maintenance agreement with the POM stating that it is the responsibility of the Applicant to maintain the conveyed parcel until the Preserve CFD has generated sufficient revenues to enable the POM to assume maintenance responsibilities. The Applicant shall maintain and manage the offered conveyance property consistent with the RMP Phase 2 until the Preserve CFD has generated sufficient revenues to enable the POM to assume maintenance and management responsibilities. MM-BI0-7 Prior to the POM's formal acceptance of the conveyed land in fee title, the project Applicant shall prepare, to the satisfaction of the POM, Area Specific Management Directives (ASMDs) for the associated conveyance areas. The ASMDs shall incorporate the guidelines and specific requirements of the Otay Ranch RMP plans and programs, management requirements of Table 3-5 of the MSCP Subregional Plan and information and recommendations from any relevant special studies. Guidelines and requirements from these documents shall be evaluated in relationship to the Preserve configuration and specific habitats and species found within the associated conveyance areas and incorporated into the ASMDs to the satisfaction of the POM. Otay Ranch Village Two Comprehensive SPA Plan Amendment Supplemental E I R 31 2014-11-04 Agenda Packet Page 216 CEQA Findings of Fact and Statement of Overriding Considerations Finding Pursuant to Section 15091(a)(1) of the CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that will substantially lessen or avoid the significant effect as identified in the Final EIR to a level of insignificance. Specifically, mitigation measures MM- BI0-1 and MM-BI0-2 are feasible and shall be required as a condition of approval and made binding on the applicant. Implementation of these mitigation measures will reduce significant direct impacts related to jurisdictional wetlands to a less than significant level. Reference FEIR Section 5.5 7.1.4 Geology and Soils Unstable Soils Thresholds of Significance Impacts to geology and soils would be significant if the proposed project would: • Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse. • Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property. Impact The proposed project would have potentially significant impacts associated with expansive and compressible soils. Explanation The surficial soil within the project site consisting of topsoil, colluvium, alluvium, and the compressible portions of the landslide debris are not considered suitable for the support of the proposed project development and would be considered potentially significant. Remedial grading consisting of the removal, moisture conditioning, and compaction of these soils would be required. A majority of the on-site materials possess a "very low" to "medium" expansion potential. The expansion potential of the bentonite claystone and surficial soil ranges from "high" to "very high" expansion potential. Recommendations found in the geotechnical report are intended to reduce the potential for cracking of slabs due to expansive soils. Otay Ranch Village Two Comprehensive SPA Plan Amendment Supplemental E I R 32 2014-11-04 Agenda Packet Page 217 CEQA Findings of Fact and Statement of Overriding Considerations While the project site currently exists with potentially hazardous expansive and compressible soils, no soil or geologic conditions would preclude the continued development, including the proposed project, within Village Two. Compliance with the City's Grading Ordinance, current seismic design specifications, current CBC standards, and other regulatory requirements, in addition to implementation of project design features and BMPs, and following recommendations of the geotechnical investigation is required. Mitigation MM-GEO-1 Prior to the issuance of the grading permit, the applicant(s) shall verify that the applicable recommendations of the Update Geotechnical Report: Otay Ranch Village 2 SPA Plan Amendment prepared by Geocon, Inc. on February 10, 2014, have been incorporated into the project design and construction documents to the satisfaction of the City Engineer. Recommendations include, but are not limited to: 1. Evaluation of soil expansion potential once final grade is achieved. 2. During grading, compressible soils shall be removed and replaced with compacted fill. 3. Site drainage and moisture protection measures such as provisions for underground utilities, landscaping, and maintaining adequate site drainage to prevent soil movement. 4. Additional geotechnical report updates as development of Village Two continues in order to assess proposed grading for each neighborhood. Finding Pursuant to Section 15091(a)(1) of the CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that will substantially lessen or avoid the significant effect as identified in the Final EIR to a level of insignificance. Specifically, mitigation measure MM- GEO-1 is feasible and shall be required as a condition of approval and made binding on the applicant. Implementation of this mitigation measure will reduce significant direct impacts related to compressible and expansive soils to a less than significant level. Reference FEIR Section 5.7 Otay Ranch Village Two Comprehensive SPA Plan Amendment Supplemental E I R 33 2014-11-04 Agenda Packet Page 218 CEQA Findings of Fact and Statement of Overriding Considerations 7.1.5 Public Services Parks Thresholds of Significance Impacts to parks,recreation, and open space would be significant if the proposed project would: • Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated. • The City's EIR Scoping Letter Contents and Thresholds states that the proposed project would have a significant impact on parks and recreation services if it would: o Fail to meet the City's threshold standard of three acres of neighborhood and community parkland per 1,000 residents. Impact The proposed project would have potentially significant impacts related to parkland provision requirements. Explanation The proposed project would result in an increase in population above what was previously approved in the 2006 EIR, which would subsequently increase the use of existing neighborhood and regional parks. However, new development in the City is required to provide public parkland, improved to City standards and dedicated to the City. Parkland dedication requirements are specified in CVMC Section 17.10.040 of the Chula Vista Municipal Code. While the proposed project, in and of itself, would not meet the PLDO requirements, parkland obligations should be analyzed as a whole within Village Two because the proposed project revises the overall plan of Village Two. Village Two is currently obligated to provide 58.7 acres of parkland (the parkland obligation for Village Two accounts for the following obligations: Original Village Two Approval (24.2 acres), Original Village Two deficit (1.1 acres), Obligation from SPA One (31.6 acres), and the JPB 197-Unit Amendment (1.8 acres)).With the addition of the proposed project obligation, Village Two as a whole would be required to provide a total of 70.9 acres of parkland. The total proposed parkland within Village Two is 69.5 acres, which would result in a parkland deficit of 1.4 acres. Therefore, there is a potentially significant impact related to parkland provision. Mitigation MM-PUB-1 Prior to the approval of the first final map(s), or prior to the approval of building permit(s), the applicant shall pay the City of Chula Vista in-lieu fee for land Otay Ranch Village Two Comprehensive SPA Plan Amendment Supplemental EIR 34 2014-11-04 Agenda Packet Page 219 CEQA Findings of Fact and Statement of Overriding Considerations dedication and/or park development improvements, or dedicate additional parkland, pursuant to City of Chula Vista Municipal Code Section 17.10.070 and in accordance with the Public Facilities Financing Plan for the SPA Plan for the final 180 dwelling units to be constructed. Finding Pursuant to Section 15091(a)(1) of the CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that will substantially lessen or avoid the significant effect as identified in the Final EIR to a level of insignificance. Specifically, mitigation measure MM- PUB-1 is feasible and shall be required as a condition of approval and made binding on the applicant. Implementation of this mitigation measure will reduce significant direct impacts related to parks provision to a less than significant level. Reference FEIR Section 5.8 7.1.6 Utilities Sewer Thresholds of Significance Impacts to sewer services would be significant if the proposed project would: • Result in a determination by the wastewater treatment provider, which serves or may serve the project, that it has inadequate capacity to serve the project's projected demand in addition to the provider's existing commitments. • Require the construction of new wastewater treatment facilities or expansion of existing facilities,the construction of which would cause significant environmental effects. Impact The proposed project would significantly impact both the Salt Creek and Poggi Canyon interceptors as a result of increased development. Explanation The proposed project is located within the Salt Creek Sewer basin. The Salt Creek Interceptor was designed, sized and constructed to serve regional development in the Otay Ranch area and is located south of the project site. Development of the proposed project Otay Ranch Village Two Comprehensive SPA Plan Amendment Supplemental E I R 35 2014-11-04 Agenda Packet Page 220 CEQA Findings of Fact and Statement of Overriding Considerations including cumulative projects considered in the sewage flow analysis, would increase Poggi Canyon flows by 248,730 gpd, and Wolf Canyon flows by 128,315 gpd. The availability of the Poggi Canyon Interceptor was evaluated under the cumulative project condition. Data on the Poggi Canyon Interceptor was obtained from the April 2009 Poggi Canyon Basin Gravity Sewer Development Impact Fee Update (prepared by Dexter Wilson). Two reaches already identified for future replacement were determined as being over capacity and one additional reach was determined to be slightly over capacity. The availability in the Salt Creek Interceptor was analyzed under baseline and cumulative conditions in a November 2010 report by PBS&J. This analysis was updated by Atkins in a memorandum dated March 4, 2014 to include additional flows resulting from the proposed project. The updated analysis concludes that these additional flows do not result in capacity deficiencies in the Salt Creek Interceptor. Pursuant to the City's municipal code, prior to issuance of each building permit, the applicant or designee shall pay the Salt Creek Development Impact Fee and Poggi Canyon Development Impact Fee at the rate in effect at the time of building permit issuance. Both fee systems already exist and will provide for the necessary additional capacity. To ensure this requirement is met, payment of each impact fee is identified as mitigation measures. Additionally, the proposed project would be required to provide evidence that sufficient sewer capacity is available prior to building permit issuance. Mitigation MM-UTIL-1 Salt Creek Development Impact Fee. Prior to issuance of each building permit, the applicant or designee shall pay the Salt Creek Development Impact Fee at the rate in effect at the time of building permit issuance and corresponding to the sewer basin that the building will permanently sewer to, unless stated otherwise in a development agreement that has been approved by the City Council. MM-UTIL-2 Poggi Canyon Development Impact Fee. Prior to issuance of each building permit, the applicant or designee shall pay the Poggi Canyon Development Impact Fee at the rate in effect at the time of building permit issuance and corresponding to the sewer basin that the building will permanently sewer to, unless stated otherwise in a development agreement that has been approved by the City Council. MM-UTIL-3 Density Transfer Technical Report. Prior to design review approval in accordance with the Intensity Transfer provision in the Village Two SPA Plan, the applicant or designee shall provide an update to the Overview of Sewer Service for Otay Ranch University Village Two (Dexter Wilson 2014b) with each Otay Ranch Village Two Comprehensive SPA Plan Amendment Supplemental E I R 36 2014-11-04 Agenda Packet Page 221 CEQA Findings of Fact and Statement of Overriding Considerations proposed project requesting an intensity transfer. The technical study shall demonstrate to the satisfaction of the City Engineer that adequate on-site wastewater infrastructure will be available to support the transfer. The transfer of residential density shall be limited by the ability of the on-site sewerage facilities to accommodate flows. Building permits would be issued only if the City Engineer has determined that adequate sewer capacity exists. Finding Pursuant to Section 15091(a)(1) of the CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that will substantially lessen or avoid the significant effect as identified in the Final EIR to a level of insignificance. Specifically, mitigation measures MM- UTIL-1 through MM-UTIL-3 are feasible and shall be required as a condition of approval and made binding on the applicant. Implementation of these mitigation measures will reduce significant direct impacts related to sewer to a less than significant level. Reference FEIR Section 5.9 7.2 Significant and Unavoidable Impacts 7.2.1 Transportation, Circulation, and Access Level of Service Thresholds of Significance Impacts to traffic, circulation, and access would be significant if the proposed project would: • Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersection). • Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways. Impact The proposed project would have direct and cumulative impacts to the surrounding circulation system, including roadway segments, intersection, and freeway segments under the Year 2020, Year 2025, and Year 2030 conditions. Otay Ranch Village Two Comprehensive SPA Plan Amendment Supplemental E I R 37 2014-11-04 Agenda Packet Page 222 CEQA Findings of Fact and Statement of Overriding Considerations Explanation As discussed in Section 7.1.1 above, a portion of the level of service direct and cumulative impacts to roadway segments and intersections are mitigable to a level below significance. The remaining level of service impacts are as follows: Year 2020 Conditions Intersections Cumulative • I-805 SB Ramps/Olympic Parkway Roadway Segments Cumulative • Orange Avenue,between Melrose Avenue and I-805 SB Ramps Freeways/State Highways Cumulative • I-805, from Market Street to Imperial Avenue • I-805, from Imperial Avenue to E Division Street Year 2025 Conditions Intersections Cumulative • I-805 SB Ramps/Olympic Parkway Roadway Segments Cumulative • Orange Avenue, between Melrose Avenue and I-805 SB Ramps Otay Ranch Village Two Comprehensive SPA Plan Amendment Supplemental E I R 38 2014-11-04 Agenda Packet Page 223 CEQA Findings of Fact and Statement of Overriding Considerations Freeways/State Highways Cumulative • I-805, from SR-94 to Market Street • I-805, from Market Street to Imperial Avenue • I-805, from Imperial Avenue to E Division Street • I-805, from Plaza Boulevard to SR-54 • I-805, from Bonita Road to East H Street Year 2030 Conditions Intersections Cumulative • I-805 SB Ramps/Olympic Parkway Roadway Segments Cumulative • Orange Avenue,between Melrose Avenue and I-805 SB Ramps Freeway/State Highway Segments Cumulative • I-805, from SR-94 to Market Street • I-805, from Market Street to Imperial Avenue • I-805, from Imperial Avenue to E Division Street • I-805, from Plaza Boulevard to SR-54 • I-805, from SR-54 to Bonita Road • I-805, from Bonita Road to East H Street • I-805, from East H Street to Telegraph Canyon Road Mitigation No feasible mitigation measures exist for the above identified impacts to level of service. Otay Ranch Village Two Comprehensive SPA Plan Amendment Supplemental E I R 39 2014-11-04 Agenda Packet Page 224 CEQA Findings of Fact and Statement of Overriding Considerations Finding Pursuant to Section 15091(a)(3) of the CEQA Guidelines, specific economic, legal, social, technological, or other considerations make the mitigation infeasible. These considerations are as follows: I-805 SB Ramps/Olympic Parkway - There are right-of-way constraints that would make widening this intersection infeasible and, in addition, there is no plan or program in place into which the project applicant could pay its fair-share towards such improvement. Therefore, mitigation is infeasible and the impact will remain cumulatively significant and unavoidable at this location. Orange Avenue, between Melrose Avenue and I-805 SB Ramps - Potential recommendation for improvements would require widening Orange Avenue/Olympic Parkway between Melrose Avenue and the I-805 SB Ramps; however, there are right-of-way constraints that would make such improvements infeasible. In addition, there is no plan or program in place into which the project applicant could pay its fair-share towards the cost of such improvement. Therefore, the impact will remain cumulatively significant and unavoidable at this location. I-805, from SR-94 to Market Street, from Market Street to Imperial Avenue from Imperial Avenue to E Division Street,from Plaza Boulevard to SR-54,from SR-54 to Bonita Road,from Bonita Road to East H Street,from East H Street to Telegraph Canyon Road- The second phase of the I-805 South Project would further expand transportation choices by building out the HOV lanes into Express Lanes for a total of four lanes, two in each direction. Phase 2 also includes the addition of in-line transit stations and freeway-to-freeway direct connectors. However, on December 16th, 2011, SANDAG Board of Directors approved the purchase of SR-125 and the Addendum to SANDAG's 2030 RTP EIR. The Addendum consists of a swap of the two planned HOV lanes on I-805 between SR-54 and SR-905 (Phase 2 of the I-805 South Project discussed above) for the purchase costs of SR-125, which requires an amendment to the TransNet Extension Ordinance. It also concluded that while the reduction in tolls would result in a shift of traffic from I-805 to SR-125, freeway operations on both facilities would remain acceptable. The proposed project was modeled with Phase 2,however in order to remain consistent with the 2030 RTP Addendum, the Traffic Impact Analysis for the proposed project (prepared by Chen Ryan) is analyzed with one HOV lane in each direction (Phase 1) along I-805. At this time, neither Caltrans nor SANDAG has plans to construct additional lanes on the impacted facilities, nor is there a plan or program in place into which the project applicant could pay its fair-share towards the cost of such improvements. Therefore, mitigation is infeasible and the impacts would remain significant and unavoidable. Because there are no applicable or feasible mitigation measures that the City can impose at this time to reduce impacts to level of service performance to below a level of significance, impacts Otay Ranch Village Two Comprehensive SPA Plan Amendment Supplemental E I R 40 2014-11-04 Agenda Packet Page 225 CEQA Findings of Fact and Statement of Overriding Considerations to transportation, circulation, and access would remain significant and unmitigated. Adoption of a Statement of Overriding Considerations will be required should the decision makers choose to approve the project. Reference FEIR Section 5.2 7.2.2 Air Quality Air Quality Plan Consistency Thresholds of Significance Impacts to air quality would be significant if the proposed project would: • Conflict with or obstruct implementation of the applicable air quality plan or General Plan policies. Impact The proposed project would not be consistent with the goals and policies of local air quality plans including the SIP and RAQS and impacts would be significant. Explanation The air quality plans relevant to this discussion are the State Implementation Plan (SIP) and Regional Air Quality Strategy (RAQS). The SIP includes strategies and tactics to be used to attain and maintain acceptable air quality in the San Diego Air Basin (SDAB) based on the National Ambient Air Quality Standards (NAAQS), while the RAQS includes strategies for the SDAB to meet the California Ambient Air Quality Standards (CAAQS). Consistency with the RAQS is assessed via two lines of inquiry: (1) whether the proposed project exceeds the growth assumptions contained in the RAQS; and, (2) if the growth assumptions are exceeded, whether the proposed project increases the frequency or severity of existing air quality violations, contributes to new violations, or delays the timely attainment of air quality standards or interim reductions, as specified in the RAQS. The proposed project would comply with all applicable rules and regulations that have been adopted as part of the SIP. Because the project is consistent with the goals of the RAQS and SIP, the project would not conflict with or obstruct implementation of the RAQS and SIP. However, the proposed project would require amendments to the City of Chula Vista General Plan, the Otay Ranch General Development Plan, the Specific Plan, and the Otay Ranch Core Master Precise Plan. Accordingly, the project as proposed is not accounted for in the current SIP Otay Ranch Village Two Comprehensive SPA Plan Amendment Supplemental E I R 41 2014-11-04 Agenda Packet Page 226 CEQA Findings of Fact and Statement of Overriding Considerations emissions budget. Consequently, the proposed project is not consistent with Chula Vista's General Plan and is not considered consistent with the growth assumptions in the RAQS and SIP. As such, impacts would be considered significant and unavoidable. Mitigation Due to absence of feasible mitigation measures, the proposed project would remain inconsistent with the goals of local air quality plans. This impact would remain significant and unavoidable. Finding Pursuant to Section 15091(a)(2) of the CEQA Guidelines, such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding (City of Chula Vista). For the reasons described above, the proposed project is not accounted for in the current SIP emissions budget. While the approval of the proposed project would require amendments to the City of Chula Vista General Plan, the Otay Ranch General Development Plan, the Specific Plan, and the Otay Ranch Core Master Precise Plan, updating and amending the SIP is within the jurisdiction of the State of California Air Resources Board. For these reason, impacts regarding consistency with the SIP and RAQs are significant and unavoidable. Because there are no applicable or feasible mitigation measures within the control of the City at this time to reduce impacts to air quality plan consistency to below a level of significance, impacts to air quality would remain significant and unmitigated. Adoption of a Statement of Overriding Considerations will be required should the decision makers choose to approve the project. Reference FEIR Section 5.3 Air Quality Standards Thresholds of Significance Impacts to air quality would be significant if the proposed project would: • Violate any air quality standard or contribute substantially to an existing or projected air quality violation. • Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality Otay Ranch Village Two Comprehensive SPA Plan Amendment Supplemental E I R 42 2014-11-04 Agenda Packet Page 227 CEQA Findings of Fact and Statement of Overriding Considerations standard (including releasing emissions which exceed quantitative thresholds for ozone precursors). Impact Volatile Organic Compounds (VOC) and Nitrogen Oxide (NOx) emissions associated with operation of the project would exceed the City of Chula Vista's significance thresholds and would result in a cumulatively considerable contribution to regional VOC and NOx emissions. Explanation Operational impacts associated with the proposed project would include impacts associated with vehicular traffic, as well as area sources such as natural gas use, consumer products use, and architectural coatings use for maintenance purposes. Operational emissions associated with the proposed project would exceed the significance thresholds for VOCs and NOx for all buildout years (Years 2015, 2020, 2025, and 2030). The emissions are attributable to vehicles and area sources, including use of consumer products. Emissions associated with consumer products use would occur regardless of the location of residences. Impacts would be significant. The SDAB is currently classified as a non-attainment area for the NAAQS and CAAQS for Ozone (03), which is caused by contributions from 03 precursors NOx and VOCs. Because the proposed project would result in operational emissions of VOCs and NOx that are above the significance thresholds, the project would result in a cumulatively significant impact on air quality. Mitigation No feasible mitigation measures exist to reduce impacts related to VOC and NO,, emissions to a level below significance. Finding Pursuant to Section 15091(a)(3) of the CEQA Guidelines, specific economic, legal, social, technological, or other considerations make the mitigation infeasible. These considerations are as follows: Significant reductions in VOC and NOx emissions would be required to reduce emissions of these pollutants to less than significant and feasible mitigation measures are not available to achieve these reductions as emissions are attributable to consumer product use and mobile emissions. Therefore,criteria pollutant emissions for VOC and NOx are anticipated to be above the thresholds. Emissions associated with vehicles have been reduced in the project through implementation of project design features, including incorporating a mix of uses into the project and access to transit Otay Ranch Village Two Comprehensive SPA Plan Amendment Supplemental E I R 43 2014-11-04 Agenda Packet Page 228 CEQA Findings of Fact and Statement of Overriding Considerations through access to MTS bus routes. Additionally, there is a potential for development of a BRT station adjacent to the project site; however, no reductions have been included to account for this future measure. Further, there are no feasible means within the City's power to control for emissions resulting from consumer products. There are no additional measures that would reduce emissions associated with project operations to below a level of significance. Because there are no applicable or feasible mitigation measures within the control of the City at this time to reduce impacts to air quality standards to below a level of significance, impacts to air quality would remain significant and unmitigated. Adoption of a Statement of Overriding Considerations will be required should the decision makers choose to approve the project. Reference FEIR Section 5.3 7.2.3 Utilities Energy (cumulative) Threshold of Significance Impacts to gas and electric service would be significant if the proposed project would: • Increase the demand of energy resources to exceed the City's available supply or cause a need for new and expanded facilities the construction of which would cause significant environmental impacts in order to maintain acceptable service ratios, response times or other performance objectives. Impact Full buildout of the proposed project and cumulative projects would incrementally increase energy use, resulting in an increase in energy demand for which the future supply cannot be assured. Explanation Implementation of the proposed project and cumulative development in the surrounding area would result in an increased energy demand of approximately 4,604,440 million kWh of electricity per year at full buildout. A significant cumulative impact to energy resources would result if demand exceeds the city's available supply and new or expanded facilities are required. Otay Ranch Village Two Comprehensive SPA Plan Amendment Supplemental E I R 44 2014-11-04 Agenda Packet Page 229 CEQA Findings of Fact and Statement of Overriding Considerations SDG&E has indicated that without an increased import capacity, including a new substation within the Otay Ranch area, future energy needs could not be assured. Therefore, because no assurance can be made that long-term energy will be supplied to all cumulative project sites at full buildout and beyond, impacts would be considered cumulatively considerable and the project's contribution to this cumulative impact would be significant and unavoidable. Finding Pursuant to Section 15091(a)(3) of the CEQA Guidelines, specific economic, legal, social, technological, or other considerations make the mitigation infeasible. These considerations are as follows: Implementation of the proposed project and all other identified cumulative projects would be required to meet the mandatory energy standards of the Chula Vista Energy Code, current CCR Title 24, Part 6 California Energy Code, and Part II California Green Building Standards. Compliance with these policies and other energy reduction strategies would ensure that energy use as a result of development would not be wasteful, inefficient, or unnecessary. However, while individual projects may be able to reduce their energy consumption on at a project specific level, there remains no assurance that an adequate energy supply will be available to serve the cumulative increase in energy demand. A new substation would be located in the Eastern Urban Center, south of the east end of Hunte Parkway. Construction of the substation is expected to begin in late 2014 and is expected to be placed in service in late 2015. The 120 megavolt amperes substation would provide infrastructure necessary to provide power to buildout of Otay Ranch, but would not generate electricity or guarantee that adequate supply would be available. Therefore, because no assurance can be made that long-term energy will be supplied to all cumulative project sites at full buildout and beyond, impacts would be considered cumulatively considerable and the project's contribution to this cumulative impact would be significant and unavoidable. Because there are no applicable or feasible mitigation measures within the control of the City at this time to reduce impacts to air quality standards to below a level of significance, cumulative impacts to energy consumption and supply would remain significant and unmitigated. Adoption of a Statement of Overriding Considerations will be required should the decision makers choose to approve the project. Reference FEIR Section 6.4.9 Otay Ranch Village Two Comprehensive SPA Plan Amendment Supplemental E I R 45 2014-11-04 Agenda Packet Page 230 CEQA Findings of Fact and Statement of Overriding Considerations 8.0 FEASIBILITY FOR POTENTIAL PROJECT ALTERNATIVES Because the project will cause significant environmental effects, as outlined above, the City must consider the feasibility of any environmentally superior alternative to the project as finally approved. The City must evaluate whether one or more of these alternatives could avoid or substantially lessen the significant unavoidable environmental effects of Village Two. In general, in preparing and adopting findings, a lead agency need not necessarily address feasibility when contemplating the approval of a project with significant impacts. Where the significant impacts can be mitigated to an acceptable (less than significant) level solely by the adoption of mitigation measures, the agency, in drafting its findings, has no obligation to consider the feasibility of environmentally superior alternatives, even if their impacts would be less severe than those of the projects as mitigated (Laurel Heights Improvement Association v. Regents of the University of California (1988) 47 Cal.3d 376 [253 Cal.Rptr. 426]; Laurel Hills Homeowners Association v. City Council (1978) 83 Cal.App.3d 515 [147 Cal.Rptr. 842]; Kings County Farm Bureau v. City of Hanford (1990) 221 Cal.App.3d 692 [270 Cal.Rptr. 650]). Accordingly, for this project, in adopting the findings concerning project alternatives, the City Council considers only those environmental impacts that, for the finally approved project, are significant and cannot be avoided or substantially lessened through mitigation. If project alternatives are feasible, the decision makers must adopt a Statement of Overriding Considerations with regard to the project. If there is a feasible alternative to the project, the decision makers must decide whether it is environmentally superior to the project. Proposed project alternatives considered must be ones that"could feasibly attain the basic objectives of the project." However, the CEQA Guidelines also require an EIR to examine alternatives "capable of eliminating" environmental effects, even if these alternatives "would impede to some degree the attainment of the project objectives" (CEQA Guidelines Section 15126). The City has properly considered and reasonably rejected project alternatives as "infeasible" pursuant to CEQA. CEQA provides the following definition of the term "feasible" as it applies to the findings requirement: "feasible means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors" (Pub. Resources Code Section 21061.1). The CEQA Guidelines provide a broader definition of "feasibility" that also encompasses "legal" factors. CEQA Guidelines Section 15364 states, "the lack of legal powers of an agency to use in imposing an alternative or mitigation measure may be as great a limitation as any economic, environmental, social, or technological factor" (see also Citizens of Goleta Valley v. Board of Supervisors (1990) 52 Cal.3d 553, 565 [276 Cal.Rptr.410]). Otay Ranch Village Two Comprehensive SPA Plan Amendment Supplemental E I R 46 2014-11-04 Agenda Packet Page 231 CEQA Findings of Fact and Statement of Overriding Considerations Accordingly, "feasibility" is a term of art under CEQA and thus may not be afforded a different meaning as may be provided by Webster's dictionary or any other sources. Moreover, Public Resources Code Section 21081 governs the "findings" requirement under CEQA with regard to the feasibility of alternatives. Specifically, no public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant effects on the environment that would occur if the project is approved or carried out unless the public agency makes one or more of the following findings: "Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR" (CEQA Guidelines Section 15091, Subd. (a)(1)). "Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency" (CEQA Guidelines Section 15091, Subd. (a)(2)). "Specific economic, legal, social, technological, or other considerations, including provisions of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR" (CEQA Guidelines Section 15091, Subd. (a)(3)). The concept of"feasibility" also encompasses the question of whether a particular alternative or mitigation measure promotes the underlying goals and objectives of a project (City of Del Mar v. City of San Diego (1982) 133 Cal.App.3d 410, 417 [183 Cal. Rptr. 898]). " `[F]easibility' under CEQA encompasses `desirability' to the extent that desirability is based on a reasonable balancing of the relevant economic, environmental, social, and technological factors" (Ibid.; see also Sequoyah Hills Homeowners Assn. v. City of Oakland (1993) 23 Cal.AppAth 704, 715 [29 Cal.Rptr.2d 182]). These findings contrast and compare the alternatives where appropriate in order to demonstrate that the selection of the finally approved project, while still resulting in significant environmental impacts, has substantial environmental, planning, fiscal, and other benefits. In rejecting certain alternatives, the decision makers have examined the finally approved project objectives and weighed the ability of the various alternatives to meet objectives. The decision makers believe that the project best meets the finally approved project objectives with the least environmental impact. The detailed discussion in Section 7.0 demonstrates that all but the following significant environmental effects of the project have been either substantially lessened or avoided through Otay Ranch Village Two Comprehensive SPA Plan Amendment Supplemental EIR 47 2014-11-04 Agenda Packet Page 232 CEQA Findings of Fact and Statement of Overriding Considerations the imposition of existing policies or regulations or by the adoption of additional, formal mitigation measures recommended in the EIR: Transportation, Circulation, and Access • Cumulative impacts to I-805 SB Ramps/Olympic Parkway under the Year 2020, 2025, and 2030 Conditions • Cumulative impacts to Orange Avenue, between Melrose Avenue and I-805 SB Ramps under the Year 2020, 2025, and 2030 Conditions • Cumulative impacts to I-805, from Market Street to Imperial Avenue and I-805, from Imperial Avenue to E Division Street under the Year 2020, 2025, and 2030 Conditions. • Cumulative impacts to I-805, from SR-94 to Market Street; I-805, from Plaza Boulevard to SR-54; and I-805, from Bonita Road to East H Street under Year 2025 and Year 2030 Conditions • Cumulative impacts to I-805, from SR-54 to Bonita Road and I-805, from East H Street to Telegraph Canyon Road under Year 2030 Conditions Air Quality • Direct impacts to air quality plans • Direct and cumulative impacts to air quality violations for VOC and Nox Utilities • Cumulative impacts to energy consumption and supply To fully account for these unavoidable significant effects and the extent to which particular alternatives might or might not be environmentally superior with respect to them, these findings will focus on the impacts listed above, but may also address the environmental merits of the alternatives with respect to all broad categories of impacts — even though such a far-ranging discussion is not required by CEQA. The findings will also assess whether each alternative is feasible in light of the City's objectives for the project. The City's review of project alternatives is guided primarily by the need to reduce potential impacts associated with the project, while still achieving the basic objectives of the project. The SPA Plan defines, in more detail, the development parameters for Village Two, including the intensity and location of development, the character and form of each neighborhood, design criteria, primary transportation patterns, open space and recreational amenities, and infrastructure Otay Ranch Village Two Comprehensive SPA Plan Amendment Supplemental E I R 48 2014-11-04 Agenda Packet Page 233 CEQA Findings of Fact and Statement of Overriding Considerations and services necessary to support the community. Specific objectives of the proposed project are listed in Section 2.2. The City evaluated two alternatives to the project, which are discussed below: Reduced Density Alternative and the No Project Alternative. Table 10-2 in the EIR provides a summary table comparing each of the alternatives. As the following discussion will show, no identified alternative qualifies as both feasible and environmentally superior with respect to the unmitigated impacts. 8.1 Reduced Density Alternative Description The Reduced Density Alternative would follow the same land use pattern existing SPA Plan, not the land use pattern of the proposed project. In addition to utilizing the existing approved land use pattern, the Reduced Density Alternative would propose an overall smaller increase in residential units. In summary, the Reduced Density Alternative would combine the current approved SPA Plan with SPA Lite, while still adding density to neighborhoods R-10, R-11, R- 12, and C-1. The Reduced Density Alternative land use map is show in Figure 10-1 of the EIR. This alternative would result in a proposed increase of 484 additional residential units rather than 1,562 as proposed. Impacts Transportation, Circulation, and Access The Reduced Density Alternative would reduce some level of service impacts, however would not avoid all significant and unavoidable traffic impacts resulting from the proposed project. Air Quality The Reduced Density Alternative would exceed the RAQS growth assumption, similar to the proposed project. While total operational emissions would be less than the proposed project, this alternative would still result in new significant and unavoidable criteria pollutant emissions, and would thus still be inconsistent with the RAQS and SIP. Direct and cumulative impacts would remain significant and unavoidable. Utilities:Energy While the implementation of the Reduced Density Alternative would reduce overall energy consumption of the Village Two, when viewed cumulatively, impacts to energy consumption Otay Ranch Village Two Comprehensive SPA Plan Amendment Supplemental EIR 49 2014-11-04 Agenda Packet Page 234 CEQA Findings of Fact and Statement of Overriding Considerations would remain significant and unavoidable as energy availability cannot be guaranteed for the buildout of Otay Ranch. Finding The Reduced Density Alternative would result in the development of fewer additional units, however would still increase density within Village Two. Also, this alternative would still include mixed use, pedestrian-oriented development, just at a lower density. The proposed project objectives center on increasing the number of dwelling units and population within the same Village Two development footprint, and in doing so promoting the viability of transit, industrial, and commercial uses. Therefore, the Reduced Density Alternative would achieve most of the proposed project objectives,but to a lesser degree than the proposed project. This alternative would not meet the project objective of relocating the City of San Diego water pipeline. As the City of San Diego water pipeline would not be relocated under the Reduced Density Alternative, potential geologic hazards impacts would occur at any proposed land use within the water pipeline easement. The Reduced Density Alternative would not result in the provision of a site for a second elementary school. As a result, a significant number of students would be required to attend school at other elementary schools within the District and not in a reasonable walking distance. This would not achieve a planning objective to provide adequate elementary school capacity in a walkable environment within each Village. With respect to the proposed project's significant and unavoidable traffic impacts, this alternative would not avoid all significant and unavoidable traffic impacts resulting from the proposed project. With respect to the proposed project's significant and unavoidable air quality impact, this alternative would still require amendments to the City of Chula Vista General Plan, the Otay Ranch General Development Plan, the Specific Plan, and the Otay Ranch Core Master Precise Plan and is therefore not accounted for in the SIP emissions budget. Even with the approval of amendments to City of Chula Vista planning documents, the authority to update and amend the SIP is within the jurisdiction of the State of California Air Resources Board. With respect to the proposed project's significant and unavoidable cumulative energy impact, this alternative would not avoid this significant cumulative impact due to the inability to guarantee adequate electricity supply to the buildout of Otay Ranch. Otay Ranch Village Two Comprehensive SPA Plan Amendment Supplemental E I R 50 2014-11-04 Agenda Packet Page 235 CEQA Findings of Fact and Statement of Overriding Considerations 8.2 No Project Alternative Description The No Project Alternative would result in the continued development of the SPA Plan as it is currently amended without the proposed project. The change in land use pattern, additional school, parkland, and CPF, as well as the additional development of 1,562 residential units would not occur. Impacts Under the No Project Alternative, development of Village Two would proceed as under the current approved SPA Plan as amended. All significant, irreversible, and immitigable impacts identified in the environmental documents prepared for the current SPA Plan would occur. However, no further significant or potentially significant impacts would occur beyond what was analyzed, discussed, and mitigated for in the 2006 EIR. Finding This alternative would avoid all significant and umnitigable impacts identified as resulting from the proposed project. However, this alternative would only meet one of the overall project objectives of mixing uses to encourage walking and biking. The No Project Alternative fails to meet the remaining project objectives which have the primary goal of increasing density within Village Two. Therefore, pursuant to Section 15091(a)(3) of the CEQA Guidelines, specific economic, legal, social, technological, or other considerations make this alternative infeasible. 8.3 Environmentally Superior Alternative The No Project Alternative would result in the least environmental impacts and would be the environmentally superior alternative. However, Section 15126.6(e)(2) of the CEQA Guidelines states that if the environmentally superior alternative is the No Project Alternative, the EIR shall also identify an environmentally superior alternative among the other alternatives. In this case, the environmentally superior alternative is the Reduced Density Alternative. The Reduced Density Alternative meets most of the proposed project objectives, but to a lesser degree than the proposed project while reducing impacts resulting from greater population growth of the proposed project. It would not, however, avoid the significant and unmitigable air quality impacts resulting from the proposed project and new impacts related to development within the City of San Diego water pipeline easement would occur. Otay Ranch Village Two Comprehensive SPA Plan Amendment Supplemental EIR 51 2014-11-04 Agenda Packet Page 236 CEQA Findings of Fact and Statement of Overriding Considerations 9.0 STATEMENT OF OVERRIDING CONSIDERATIONS The project would have significant, unavoidable impacts on the following areas, described in detail in Section 7.0 of these Findings of Fact: Transportation, Circulation, and Access • Cumulative impacts to I-805 SB Ramps/Olympic Parkway under the Year 2020, 2025, and 2030 Conditions • Cumulative impacts to Orange Avenue, between Melrose Avenue and I-805 SB Ramps under the Year 2020, 2025, and 2030 Conditions • Cumulative impacts to I-805, from Market Street to Imperial Avenue and I-805, from Imperial Avenue to E Division Street under the Year 2020, 2025, and 2030 Conditions. • Cumulative impacts to I-805, from SR-94 to Market Street; I-805, from Plaza Boulevard to SR-54; and I-805, from Bonita Road to East H Street under Year 2025 and Year 2030 Conditions • Cumulative impacts to I-805, from SR-54 to Bonita Road and I-805, from East H Street to Telegraph Canyon Road under Year 2030 Conditions Air Quality • Direct impacts to air quality plans • Direct and cumulative impacts to air quality violations for VOC and NO,, Utilities • Cumulative impacts to energy consumption and supply The City has adopted all feasible mitigation measures with respect to these impacts. Although in some instances these mitigation measures may substantially lessen these significant impacts, adoption of the measures will, for many impacts, not fully avoid the impacts. Moreover, the City has examined a reasonable range of alternatives to the project. Based on this examination, the City has determined that none of the alternatives: (1) meets project objectives, and (2) is environmentally preferable to the project. As a result, to approve the project, the City must adopt a "statement of overriding considerations" pursuant to CEQA Guidelines sections 15043 and 15093. This provision allows a lead agency to cite a project's general economic, social, or other benefits as a justification for choosing to allow the occurrence of specified significant environmental effects that have not been avoided. The provision explains why, in the agency's judgment, the project's benefits outweigh the unavoidable significant effects. Where another Otay Ranch Village Two Comprehensive SPA Plan Amendment Supplemental E I R 52 2014-11-04 Agenda Packet Page 237 CEQA Findings of Fact and Statement of Overriding Considerations substantive law (e.g., the California Clean Air Act, the Federal Clean Air Act, or the California and Federal Endangered Species Acts) prohibits the lead agency from taking certain actions with environmental impacts, a statement of overriding considerations does not relieve the lead agency from such prohibitions. Rather, the decision maker has recommended mitigation measures based on the analysis contained in the Final EIR, recognizing that other resource agencies have the ability to impose more stringent standards or measures. CEQA does not require lead agencies to analyze "beneficial impacts" in an EIR. Rather, EIRs are to focus on potential "significant effects on the environment," defined to be "adverse." (Pub. Resources Code Section 21068.) The Legislature amended the definition to focus on "adverse" impacts after the California Supreme Court had held that beneficial impacts must also be addressed (See, Wildlife Alive v. Chickering (1976) 18 Cal.3d 190, 206 [132 Cal.Rptr. 377]). Nevertheless, decision-makers benefit from information about project benefits. These benefits can be cited, if necessary, in a statement of overriding considerations (CEQA Guidelines Section 15093). The City finds that the project would have the following substantial benefits. Any one of the reasons for approval cited below is sufficient to justify approval of the project. Thus, even if a court were to conclude that not every reason is supported by substantial evidence, the City Council would stand by its determination that each individual reason is sufficient. The substantial evidence supporting the various benefits can be found in the preceding findings, which are incorporated by reference into this Section, and in the documents found in the Record of Proceedings, as defined in Section 3.0. The City, after balancing the specific economic, legal, social, technological or other benefits of the project, including considerations for the provision of employment opportunities, determines and finds that the unavoidable adverse environmental effects may be considered "acceptable" due to the following specific considerations. 9.1 Project Benefits 9.1.1 Implementation of the Otay Ranch General Development Plan Goals, Objectives and Principles By implementing many of the goals, objectives, and principles of the Otay Ranch General Development Plan, the proposed project provides benefit to Village Two, the surrounding community, and the City of Chula Vista as a whole. In particular, the proposed project would engender development of a complete, amenity rich community that furthers Otay Ranch Village goals and objectives by enhancing living, working, learning, shopping, and transit options while increasing residents' opportunities for social interaction and recreation to a greater extent than the existing SPA Plan. Otay Ranch Village Two Comprehensive SPA Plan Amendment Supplemental EIR 53 2014-11-04 Agenda Packet Page 238 CEQA Findings of Fact and Statement of Overriding Considerations Density in Core Density is planned in and around the Village Two core as envisioned in the Otay Ranch General Development Plan and 2006 Village of Montecito SPA, enhancing this area along with the expansion of adjacent park and community facilities. Of the 1,562 proposed new units, 712 are located within the boundary of the existing core and another 420 are located in the new expanded core area(south of Santa Victoria). Housing Choices and Alignment with Housing Market The proposed project brings Village Two planning in-line with today's marketplace and homebuyer preference as well as home typologies attainable to a broader range of buyers and renters. This provides Chula Vista residents with a diverse range of housing choices and opportunities which conform to their preferences. Aligning Village planning and today's housing market also facilitates construction and home sales. Viability of Transit Increasing the number of dwelling units (and population) within Village Two provides additional ridership for the regional Bus Rapid Transit (BRT) and local bus systems, which would facilitate and support the introduction of transit on the Otay Valley Parcel. This increases ridership/viability of the transit systems and reduces automobile dependence, emissions, and traffic. Over 550 of the proposed 1,562 units (and over 1,500 of the total units within Village Two) would be located immediately adjacent to the proposed BRT route. Viability of Commercial Uses Increasing the number of dwelling units (and population) in Village Two strengthens the market for commercial uses in the Village. This promotes/enhances the mixed-use, walkable,main street character of the village core. Supporting the viability of the commercial are 413 residential units (353 of which would be developed as part of the proposed project) being developed in a mixed use format with the commercial land uses. Design and Mix of Uses to Encourage Walking/Biking The proposed project results in a village safe for walking and cycling and reduces the reliance upon the automobile. With viable commercial uses, Village Two residents can use the retail and commercial uses for daily needs which include groceries, restaurants, dry cleaning, and entertainment. By providing neighborhood serving uses close to homes, residents can walk or bike instead of using an automobile. This promotes a healthy lifestyle, encourages local businesses, and reduces automobile dependence, emissions, and traffic. Additionally, with the creation of parks P-5 and P-6, residents of Village Two South and Village Two West would have parks within a short walking distance. Otay Ranch Village Two Comprehensive SPA Plan Amendment Supplemental E I R 54 2014-11-04 Agenda Packet Page 239 CEQA Findings of Fact and Statement of Overriding Considerations Walking to School Providing two elementary schools within Village Two puts residents and students closer to elementary schools and helps ensure sufficient capacity would be available serve the students within the Village. This allows implementation of programs such as `walking school buses' where students walk to school in groups, eliminated car and bus trips. This promotes a healthy lifestyle for students while reducing automobile dependence, emissions, and traffic. Provision of Additional Park and Community Purpose Facilities With approximately 7.8 acres of additional CPF and 10.8 acres of additional parkland located in and near the village core, the proposed project allows a greater number of residents immediate access to Park/CPF uses. Park/CPF provides residents valuable and unique opportunities for recreation, social interaction, learning, and teaching. A resident may be able to enjoy a private swim club, a community garden, a private recreational facility, a public park, and the town square within short walking distance to a greater extent than under the current SPA Plan. Village Character The proposed project achieves the goal of a complete and balanced community with a mix of density and uses, including housing, retail, employment, schools, parks, and civic facilities to a much greater extent than the current SPA Plan. Increasing the number of dwelling units within the Village, as well as increasing the parkland and CPF uses, would create a distinct character within Village Two. This would create a positive, unique sense of place for residents and visitors. Additional Housing in the Same Footprint Increasing density in select locations creates additional housing within the same Village footprint, thereby reducing the potential for urban sprawl by increasing density on an existing planned village. This furthers the goals of the City's housing element by allowing for new home creation in today's marketplace, increasing affordability for homebuyers, increasing viability of commercial uses, and decreasing per capita costs of infrastructure and municipal services. Contextual Design The proposed project would comply with existing Design Guidelines and be similar to the bulk, scale, and architectural design of surrounding projects. The project is also connected via transit, pedestrian bridges, and roadways to adjacent Villages. Public Facilities Financing Plan To identify, summarize, and implement the various facility costs associated with Village Two, a Public Facility Financing Plan (PFFP) was created in conjunction with the existing Montecito Otay Ranch Village Two Comprehensive SPA Plan Amendment Supplemental E I R 55 2014-11-04 Agenda Packet Page 240 CEQA Findings of Fact and Statement of Overriding Considerations SPA, and amended in conjunction with 2012 SPA amendments. The PFFP implements the City's Growth Management Program and meets General Plan/Growth Management Element goals and objectives. The Chula Vista Growth Management Program ensures the City's necessary public facilities and services exist or are provided concurrent with the demands of new development. 9.1.2 Extraordinary Benefits In addition to meeting the goals, objectives, and principles of the Otay Ranch General Development Plan, the Chula Vista General Plan, and the existing Village Two Sectional Planning Area Plan, the proposed project provides a number of public benefits to the immediate area, the Otay Ranch, and to the City of Chula Vista. Extraordinary Benefit Contribution Payment of a $5,000 per unit Extraordinary Benefit Contribution (for each new unit) totaling up to $7,810,000. The City Council has full discretion to determine the use of this contribution to benefit the citizens of Chula Vista. Affordable Housing The proposed project would comply with the Village Two Master Affordable Housing Agreement to build all affordable units on-site. These units would be located within and adjacent to the village core with access to neighborhood services and transit. Heritage Road The proposed project requires the completion and opening of Heritage Road to provide access from Village Two to Main Street. The condition of approval to ensure the opening of a portion of Heritage Road prior to the 155th building permit in the south planning area accelerates the phasing plan and provides greater certainty than the current requirement for Village Two. Housing Located Adjacent to Existing Infrastructure The proposed project furthers the goals of the City's Housing Element by constructing a diverse mix of housing on existing residential land, therefore preserving open space and other valuable land uses. Public Services The proposed project ensures the adequate provision of public services, including police services, fire protection and medical response, and an additional elementary school located within the Village. School generation impacts will be mitigated through provision of land for a second elementary school within Village Two. Additionally, all new units, like the existing units, Otay Ranch Village Two Comprehensive SPA Plan Amendment Supplemental E I R 56 2014-11-04 Agenda Packet Page 241 CEQA Findings of Fact and Statement of Overriding Considerations would be subject to the existing Chula Vista Elementary School District and Sweetwater Union High School District Community Financing Districts. Fiscal Impact The proposed project encourages economic growth and diversity within the City of Chula Vista. Increasing the number of dwelling units within the same village footprint increases tax revenues from residential and commercial uses, supports employment of construction workers, and reduces per capita costs for provision of public services. According to research by the Real Estate Research Corporation, Robert Burchell and others report that compact growth can be up to 70% less costly for governments. The proposed project contributes a net positive fiscal impact using conservative assumptions for the efficiency of providing public services to a higher density project. Adult EducationNocational School The proposed vocational school would provide local jobs, train local workers, and attract businesses to locate within the greater Chula Vista community. This provides an expanding fiscal benefit to local residents and the City of Chula Vista by training residents in skills targeted for jobs to support Chula Vista's economic base. Water Conservation The proposed project amends the existing Landscape Master Plan with sustainable concepts utilizing native, low water usage, and drought tolerant plants for manufactured open space lots, including those along Heritage Road and Olympic Parkway. The proposed project would also incorporate water conserving appliances and low water usage private landscape design. Water Pipeline Relocation Portions of the proposed project require the relocation of the City of San Diego Otay 92 Pipeline which currently bisects Village Two to Olympic Parkway and La Media Road. Relocation of the pipeline allows for cohesive development and reduces some development constraints that currently exist in the Village. Additionally, it would allow for the acquisition of the 4.2 acre strip of land dividing Community Park P-4 and the expansion of Neighborhood Park P-3 by 0.7 acres. Economic Contribution The proposed project encourages economic growth and diversity within the City of Chula Vista. Increasing the number of dwelling units within the same village footprint increases tax revenues from residential and commercial uses, supports employment of construction workers, and reduces per capita costs for provision of public services. Addition permanent jobs would be created by the build- out of the commercial and industrial land components of the proposed project. Otay Ranch Village Two Comprehensive SPA Plan Amendment Supplemental E I R 57 2014-11-04 Agenda Packet Page 242 CEQA Findings of Fact and Statement of Overriding Considerations 10.0 CONCLUSION The proposed project implements the Otay Ranch General Development Plan and Chula Vista General Plan by responding to regulatory, economic and market changes which have occurred since the initial vision for Otay Ranch over 20 years ago. These include greater choice for both for sale and rental home typologies, increased density to use existing developable land more efficiently, and reducing the reliance on vehicular trips by locating additional residential development in proximity to transit, public amenities and neighborhood serving uses. Additional parkland and a second elementary school are planned to respond to the increase in population resulting from additional residential units. The amendment to the existing Village Two SPA includes greater certainty for the construction of public infrastructure such as the connection of Heritage Road from Village Two to Main Street. The City finds that there is substantial evidence in the administrative record of benefits, as described above, which would directly result from approval and implementation of the proposed project. The City finds that the need for these benefits specifically overrides the impacts of the proposed project on air quality and transportation, circulation, and access. Thus, the adverse effects of the proposed project are considered acceptable. Otay Ranch Village Two Comprehensive SPA Plan Amendment Supplemental E I R 58 2014-11-04 Agenda Packet Page 243 CEQA Findings of Fact and Statement of Overriding Considerations INTENTIONALLY LEFT BLANK Otay Ranch Village Two Comprehensive SPA Plan Amendment Supplemental E I R 59 2014-11-04 Agenda Packet Page 244 Planning Commission Agenda October 8,2014 AM Page-5- Chair Calvo recused herself 4. PUBLIC HEARING: SEIR 12-01; GPA 12-01; PCM 12-17, 18; PCS 12-02, 03, 04, 05 Baldwin & Sons, LLC. Is proposing to add 1,562 residential units within the Otay Ranch Village 2/Village of Montecito & Otay Ranch Business Park Sectional Planning Area (SPA) Plan ("Village 2 SPA Plan"), including 1,632 new multi-family units and a reduction of 70 single family units. In order to do so, amendments to the General: Plan, Otay Ranch General Development Plan (GDP), the Village 2 SPA Plan, the associated Planned Community(PC) District Regulations and regulatory documents, and Supplemental Public Facilities Finance Plan (PFFP) must be approved and the Village Design Plan components must be amended. In addition, a Supplemental FOR and previous FEIR must be considered. The project also includes four new Tentative Maps and a Development Agreement to accommodate the 1,562 unit addition ("Village 2 Comp SPA"). Applicant: Baldwin and Sons Project Manager: Stan Donn INTRODUCTION E 1 t Baldwin & Sons, LLC ("Applicant" or "Developer") is proposing to add 1,562 residential units within only the Otay Ranch Village 2 portion of the Village of Montecito & Otay Ranch Business Park Sectional Planning Area (SPA) Plan ("Village 2 SPA Plan"), including 1,632 new multi-family 1 units and a reduction of 70 single family units In order to do so, amendments to the General Plan, Otay Ranch General Development Plan (GDP), the Village 2 SPA Plan, the associated Planned Community (PC) District Regulations and regulatory documents, including provision of elementary schools, Community Purpose Facilities, Parks, etc to support the requested units must be approved. In addition, a Supplemental FIR and previous FIR must be considered. The project also includes four new Tentative Maps to accommodate the 1.562 unit addition ("Village 2 Comp SPA"), On July 9, 2012 the applicant filed applications to process all the subject items i BACKGROUND Mr. Stan Donn, Senior Planner gave a presentation and background of Village 2 SPA Plan prior approvals: • The Village 2 SPA Plan and Tentative Map (PCS 06-05) were originally approved on May 23, 2006. The Village 2 SPA Plan at that time accommodated up to 2,786 dwelling units in a variety of urban and semi urban products While the greatest residential densities and mixture of uses surround the village core, the Village 2 SPA Plan also incorporates a series of residential neighborhoods organized around neighborhood parks. Residents within these are within walking distance of multiple parks, community purpose facilities, and a variety of commercial uses. 2014-11-04 Agenda Packet Page 245 Planning Commission Agenda October 8, 2014 R A F T Page-6- • Minor Substantial Conformance Review (SCR) requests were approved on February 15 and December 13, 2007 which allowed unit transfers within several neighborhoods. These minor SCRs did not require GDP or SPA amendments because they did not involve density increases. • Amendments were made to the SPA Plan in 2012 and 2013 to redistribute units and add 197 smaller lot products, totaling 2,983 units for the SPA Since the approval of the Village 2 SPA Plan and Tentative Map in 2006, market conditions have changed for single-family residential development Due to structural shifts in the economy affecting the real estate sector and mortgage markets, demand has increased for "small lot" homes with lot sizes around 3,000 square feet and lessened for traditional single family larger homes (as previously approved)with lot sizes around 4,000 to 5,000 square feet.. The applicant is now requesting amendments to the Village 2 SPA Plan, including approval of four associated Tentative Maps, to entitle housing product/typologies which are more in line with today's marketplace conditions and homebuyer preference The majority of the units are proposed within the Village core. The proposed additional 1,562 units will total 4,545 units in Village 2, A Development Agreement has also been negotiated between the City and Applicant that provides the City with certain extraordinary benefits in exchange for providing the Applicant with certainty related to development of Village 2. RECOMMENDATION That the Planning Commission conduct a public hearing and adopt the proposed resolutions recommending that the City Council: 1., Certify the Supplemental to FOR 02-02 Otay Ranch Villages two,Three, and a Portion of Village Four Sectional Planning Area Plan Final Second Tier Environmental Impact Report: FSEI R-12-01; 2.. Approve a resolution for amendments to the Chula Vista General Plan, Otay Ranch GDP, and the Village 2 SPA Plan and supporting regulatory documents in accordance with the findings an subject to the conditions contained therein; 1 Approve an Ordinance for amendments to the PC District Regulations and Land Use District Map, in accordance with the findings and subject to the conditions contained therein; 4. Approve four resolutions one for each of four separate Tentative Maps (No. PCS 12-02; 12- 03; 12-04;and 12-05) in accordance with the findings and subject to the conditions contained therein;and, 5, Approve an Ordinance for a Development Agreement in accordance with the findings and subject to the conditions contained therein. APPLICANT PRESENTATION Steven Haase with Baldwin and Sons gave a power point presentation that went over the proposed project for Village 2/ Village of Montecito in Otay Ranch. Their vision is to develop a more sustainable community, The concept of a sustainable community is to create a Village that is self-contained for all the uses. This could be accomplished by the following: 2014-11-04 Agenda Packet Page 246 Planning Commission Agenda October 8,2014 DRAFT Page-7- • Developing land uses that actually have the ability to reduce its trips via a car will comply with state and federal legislation asking them to reduce vehicle miles. • Building a second elementary school will enable every elementary school aged child the opportunity to go to school in their neighborhood, and not be bused to another location reducing traffic. Walking will be encouraged. • Mixed use and developing commercial in Otay Ranch have been a challenge in the paste Increasing the number of homes will make the commercial center (on the east side of State St.) more viable for future businesses. • Demand for small lot homes (around 3,000 sq. ft.) have increased due to shifts in the economy affecting the real estate sector and mortgage markets Home buyers want walkable communities and value private open space • A much broader range of home types from high $200,000 up to $500,000 gives the homebuyer more choices, • Market rate apartments and 450 affordable units will be offered for low to moderate income families in Chula Vista. • The economy has had an effect on the City of Chula Vista's finances and its ability to provide public services.. Baldwin & Sons, through this project, will be able to pick up a few additional maintenances that have traditionally been borne by city government increasing public services, facilities, park land and schools. • Possible future BRT line being discussed by city staff and SANDAG concerning the pedestrian bridge planned to cross La Media Rd. from the west to east close to Olympic Parkway. There may be an opportunity to relocate the bridge closer to the entryway at State Street so it connects the Village on the east side of La Media to the commercial.. PUBLIC HEARING OPENED David Danciu, Resident of Chula Vista voiced his concerns how this project would impact traffic and open space. He also brought up the public hearing notification process and lack of resident participation, He made suggestions for improvement.. PUBLIC HEARING CLOSED The Commission discussed the project and was p rimarily concerned about the traffic with the cumulative impacts of the proposed project as well as recently adopted and future SPA plans in Otay Ranch. The Planning Commission did not think the benefits of the project would outweigh the impacts of the project. ACTION: Motion by Fuentes to accept Resolution No FSEIR 12-01 "Resolution of the Planning Commission of the City of Chula Vista recommending the City Council make certain findings of fact; Adopt a Statement of Overriding Considerations; Adopt a Mitigation Monitoring and Reporting Program and certify the Final Supplemental Environmental impact Report (FSEIR 12-01/SCH 2003091012) for amendments to the General Plan, Otay Ranch General Development Plan, Otay Ranch Villages Two, Three and a portion of Four Sectional Planning Area Plan 2014-11-04 Agenda Packet Page 247 Planning Commission Agenda October 8, 2014 ""RAFT Page-8- and approving four Tentative Maps including a Development Agreement pursuant to the California Environmental Quality Act" Motion failed no second. Motion was made by Livag; seconded by Fragomeno recommending that the City Council not make certain findings of fact; Adopt a Statement of Overriding Considerations; Adopt a Mitigation Monitoring and Reporting Program and Certify the Final Supplemental Environmental Impact Report (FSEIR 12-01/5CH 2003091012) for amendments to the General Plan, Otay Ranch General Development Plan, Otay Ranch Villages Two, Three and a portion of Four Section Planning Area Plan, four associated Tentative Maps pursuant to the California Environmental Quality Act, Vote: 1-5-1-0-with Calvo abstaining(Y: Fuentes; N:Anaya, Livag, Fragomeno, Gutierrez and Nava) i I I I ,I 2014-11-04 Agenda Packet Page 248 RESOLUTION NO. SEIR 12-01 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING CERTAIN FINDINGS OF FACT; ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS; ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM FOR AMENDMENTS TO THE GENERAL PLAN, THE OTAY RANCH GENERAL DEVELOPMENT PLAN, THE OTAY RANCH VILLAGES TWO, THREE AND A PORTION OF FOUR SECTIONAL PLANNING AREA PLAN; AND APPROVING FOUR TENTATIVE MAPS AND A DEVELOPMENT AGREEMENT WHEREAS, Baldwin and Sons, LLC, submitted applications requesting approvals for a General Plan, Otay Ranch General Development Plan, and Sectional Planning Area (SPA) Plan Amendment, four (4 )Tentative Maps (TMs) and a Development Agreement, for Otay Ranch Villages Two, Three and a Portion of Four(Project); and WHEREAS, a Draft Supplemental Environmental Impact Report (Draft SEIR 12-01 or Draft SEIR) for the Project was issued for public review on May 20, 2014, and was processed through the State Clearinghouse; and WHEREAS, in consideration of the comments received on the Draft SEIR and requirements of the California Environmental Quality Act (CEQA), a Final SEIR (Final SEIR 12-01 or Final SEIR)was prepared for the Project; and WHEREAS, Final SEIR 12-01 incorporates all comments and recommendations received on the Draft SEIR, a list of all persons, organizations, and public agencies commenting on the Draft SEIR, and the City's responses to all "significant environmental points" raised by public and agency comments submitted during the review and consultation process, in accordance with CEQA Guidelines Section 15132; and WHEREAS, additional corrections to Final SEIR 12-01 did not result in modifications to conclusions regarding significance of impacts or the addition of significant new information that would require recirculation of the EIR pursuant to CEQA Guidelines section 15088.5; and WHEREAS, Final SEIR 12-01 incorporates,by reference, the prior EIRs that address the subject property including the 2006 Final Second Tier EIR (FEIR 02-02), the 2005 Chula Vista General Plan Update EIR (EIR 05-01), and the Otay Ranch GDP/SRP Program EIR (EIR 90-01) as well as their associated Findings of Fact and Mitigation Monitoring and Reporting Programs; and WHEREAS, the Chula Vista Planning Commission held a duly noticed public hearing for Final SEIR 12-01 on October 8, 2014 and a motion was made to recommend that the City Council make certain Findings of Fact; adopt a Statement of Overriding Considerations; Adopt a 1 2014-11-04 Agenda Packet Page 249 Mitigation Monitoring and Reporting Program and Certify the Final Supplemental Environment Impact Report (FSEIR 12-01/SCH 2004091012 for amendments to the General Plan, Otay Ranch General Development Plan, Otay Ranch Villages Two, Three and a portion of Four Sectional Planning Area Plan, four associated Tentative Maps pursuant to the California Environmental Quality Act. The motion failed due to a lack of a second. The Planning then heard a motion that the City Council reject the project by not making certain findings of fact; not adopting a Statement of Overriding Considerations; not adopt a Mitigation Monitoring and Reporting Program and not Certify the Final Supplemental Environmental Impact Report (FSEIR 12-01/SCH 2003091012) for amendments to the General Plan, Otay Ranch General Development Plan, Otay Ranch Villages Two, Three and a portion of Four Sectional Planning Area Plan, four associated Tentative Maps pursuant to the California Environmental Quality Act. This motion carried 5-1-0-1; and WHEREAS, to the extent that the Findings of Fact and Statement of Overriding Considerations for the Project, dated August 2014 (Exhibit "A" of this Resolution, a copy of which is on file in the office of the City Clerk), conclude that proposed mitigation measures outlined in Final SEIR 12-01 are feasible and have not been modified, superseded or withdrawn, the City of Chula Vista herby binds itself and the Applicant and its successors in interest, to implement those measures. These findings are not merely information or advisory,but constitute a binding set of obligations that will come into effect when the City adopts the Resolution approving the Project. The adopted mitigation measures contained within the MMRP Section of Final SEIR 12-01 are expressed as conditions of approval. Other requirements are referenced in the MMRP that are adopted concurrently with these Findings of Fact and will be effectuated through the process of implementing the Project. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL of the City of Chula Vista does hereby find, determine,resolve and order as follows: L PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearings on Final SEIR 12-01 held on September 24, 2014, and before the City Council at their public hearing held on October 7, 2014, as well as the Minutes and Resolutions resulting therefrom on Final SEIR-12-01 shall be incorporated into the record of proceedings pursuant to Public Resources Code Section 21167.6. These documents, along with any documents submitted to the decision-makers, including documents specified in Public Resources Code Section 21167.6, subdivision (e), shall comprise the entire record of proceedings for any claims under the California Environmental Quality Act, Public Resources Code §21000 et seq. ("CEQA"). The record of proceedings shall be maintained by the City Clerk at City Hall. II. FSEIR 12-01 CONTENTS That FSEIR 12-01 consists of the following: 2 2014-11-04 Agenda Packet Page 250 1. Supplemental EIR for the Project GP, GDP and SPA Plan Amendment and 4 TMs (including Mitigation Monitoring and Reporting Program and Technical Appendices); and 2. Comments and Responses (All hereafter collectively referred to as "FSEIR 12-01") III. ACCOMPANYING DOCUMENT TO FEIR 12-01 1. Findings of Fact and Statement of Overriding Considerations IV. PRESENTATION TO THE DECISIONMAKING BODY That the City Council does hereby certify that FSEIR 12-01 was presented to the City Council as the decision-making body of the lead agency and that the City Council has reviewed and considered the previously certified Final Environmental Impact Report (FEIR) as revised by the Final Supplemental Environmental Impact Report (FSEIR 12- 01/SCH2003091012) pursuant to the California Environmental Quality Act prior to approving the Project. V. COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT That the City Council does hereby, certify that FSEIR 12-01, the Findings of Fact and the Statement of Overriding Considerations (Exhibit "A" to this Resolution, a copy which is on file with the office of the City Clerk), and the Mitigation Monitoring and Reporting Program are prepared in accordance with the requirements of CEQA (Pub. Resources Code, §21000 et seq.), the CEQA Guidelines (California Code Regs. Title 14 §15000 et seq.), and the Environmental Review Procedures of the City of Chula Vista. VI. INDEPENDENT JUDGMENT OF CITY COUNCIL That the City Council does hereby certify that FSEIR 12-01 reflects the independent judgment and analysis of the City of Chula Vista as lead agency for the Project. VII. CEQA FINDINGS OF FACT, MITIGATION MONITORING AND REPORTING PROGRAM AND STATEMENT OF OVERRIDING CONSIDERATIONS A. Adoption of Findings of Fact The City Council does hereby approve, accept as its own, incorporate as if set forth in full herein, and make each and every one of the findings contained in Exhibit "A" to this Resolution, a copy of which is on file in the office of the City Clerk. 3 2014-11-04 Agenda Packet Page 251 B. Mitigation Measures Feasible and Adopted On the basis of the findings set forth in Exhibit "A" to this Resolution and as more fully identified and set forth in FSEIR 12-01, the City Council hereby finds pursuant to CEQA Section 21081 and CEQA Guidelines Section 15091 that changes or alterations have been required in, or incorporated into the Project which avoid or substantially lessen the significant environmental effects identified in FSEIR 12-01, and that such changes and alterations have eliminated or substantially lessened all significant effects on the environment where feasible as shown in the findings set forth in Exhibit "A" to this Resolution. Furthermore, the measures to mitigate or avoid significant effects on the environment, consisting of those mitigation measures set forth in Final SEIR 12-01 and in Exhibit "A" to this Resolution, are fully enforceable through permit conditions, agreements or other measures, including but not limited to conditions of approval of the Project TMs, and will become binding upon the entity (such as the project proponent or the City) assigned thereby to implement the same. C. Infeasibility of Mitigation Measures As more fully identified and set forth in FSEIR-12-01 and in the Findings of Fact for the Project, which is Exhibit "A" to this Resolution, certain mitigation measures described in said documents are infeasible. D. Statement of Overriding Considerations Even after the adoption of all feasible mitigation measures and any feasible alternatives, certain significant or potentially significant environmental effects caused by the project, or cumulatively,will remain. However, pursuant to CEQA Guidelines Section 15092, the City hereby finds and determines that any remaining significant effects on the environment which have been found to be unavoidable as shown in the findings set forth in Exhibit "A" to this Resolution are acceptable due to certain overriding concerns. Therefore, the City Council of the City of Chula Vista hereby approves, pursuant to CEQA Guidelines Section 15093, a Statement of Overriding Considerations in the form set forth in Exhibit "A" to this Resolution identifying the specific economic, social and other considerations that outweigh and render the unavoidable significant adverse environmental effects acceptable. E. Infeasibility of Alternatives As more fully identified and set forth in FEIR 02-02 and in Section XI of Exhibit "A" to this Resolution, the City Council hereby finds pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091 that alternatives to the project, which were identified in FSEIR 12-01, were not found to reduce impacts to a less than significant level or meet the project objectives. 4 2014-11-04 Agenda Packet Page 252 F. Adoption of Mitigation Monitoring and Reporting Program As required by Public Resources Code Section 21081 and CEQA Guidelines Section 15091, the City Council hereby adopts the program for reporting on or monitoring the changes which it has either required in the Project or made a condition of approval to avoid or substantially lessen significant environmental effects, consisting of the Mitigation Monitoring and Reporting Program set forth in FSEIR 12-01. The City Council further finds that the Mitigation Monitoring and Reporting Program is designed to ensure that, during Project implementation, the permittee/Project Applicant and any other responsible parties implement the Project components and comply with the mitigation measures identified in the Findings of Fact and the Mitigation Monitoring and Reporting Program. VIII. NOTICE OF DETERMINATION The Development Services Director of the City of Chula Vista is directed to file a Notice of Determination with the County Clerk of the County of San Diego, should City Council approve this Project. BE IT FURTHER RESOLVED THAT the City Council of the City of Chula Vista on the basis of the findings as set forth above and having considered the previously certified Final Environmental Impact Report (FEIR) as revised by the Final Supplemental Environmental Impact Report (FSEIR 12-O1/SCH2O03091012) pursuant to the California Environmental Quality Act, adopt the Findings of Fact, Statement of Overriding Considerations (Exhibit "A" to this Resolution), and the Mitigation Monitoring and Reporting Program in accordance with CEQA Guidelines Section 15091. Submitted by Approved as to form by Kelly Broughton, FASLA Glen R. Googins Development Services Director City Attorney Exhibit A - Findings of Fact and Statement of Overriding Considerations 5 2014-11-04 Agenda Packet Page 253 RESOLUTION 2014- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE CHULA VISTA GENERAL PLAN; OTAY RANCH GENERAL DEVELOPMENT PLAN (GDP), OTAY RANCH VILLAGES TWO, THREE AND A PORTION OF VILLAGE FOUR SECTIONAL PLANNING AREA (SPA) PLAN, AND ASSOCIATED REGULATORY DOCUMENTS INCLUDING A DEVELOPMENT AGREEMENT IN ORDER TO ADD 1,562 UNITS AMONG THIRTY SIX NEIGHBORHOODS AND PLANNING AREAS WITHIN VILLAGE 2 LOCATED SOUTH OF OLYMPIC PARKWAY AND WEST OF LA MEDIA ROAD I. RECITALS A. Project Site WHEREAS, the area of land that is the subject of this Resolution is diagrammatically represented in Exhibit A attached to and incorporated into this Resolution, and commonly known as Village 2 SPA Amendment("Project"), and for the purpose of general description herein consists of nearly 326 acres of the approximate 766 acres located south of Olympic Parkway and west of La Media Road ("Project Site"); and B. Project; Application for Discretionary Approvals WHEREAS, a duly verified application was filed with the City of Chula Vista Development Services Department on July 9, 2012 by Baldwin and Sons, LLC ("Applicant, Owner, and Developer")requesting approval of amendments to the General Plan, Otay Ranch General Development Plan (GDP), Otay Ranch Village Two, Three and a Portion of Village Four SPA Plan ("Village 2 SPA Plan") and Otay Ranch Village Two Planned Community District Regulations and associated regulatory documents including a Development Agreement affecting nearly 280 acres ("Project"); and C. Prior Discretionary Approvals WHEREAS, development of the Project Site has been the subject matter of various entitlements and agreements, including: 1) a General Development Plan, SPA Plan and associated Design Guidelines, PFFP, WCP,AQIP and Comprehensive Affordable Housing Plan previously approved by City Council Resolution No. 2006-156 on May 23, 2006, amended City Council Resolution No. 2012-009 on January 24, 2012, and City Council Resolution No. 2012-056 on April 3, 2012; 2)Planned Community District Regulations and Land Use Districts Map approved by City Council Ordinance No. 3036 on June 6, 2006, amended by City Council Ordinance No. 3225 on February 14,2012, and amended by City Council Ordinance No. 3228 on April 17, 2012; 3) Tentative Subdivision Map (CVT 06- 2014-11-04 Agenda Packet Page 254 Resolution No. Page 2 05) approved by City Council Resolution 2006-157 on May 23, 2006; Tentative Subdivision Map (CVT 11-02) approved by City Council Resolution 2012-10; Tentative Subdivision Map (CVT 11-03) approved by City Council Resolution 2012-11; Tentative Subdivision Map (CVT 11-04) approved by City Council Resolution 2012-12; and Tentative Subdivision Map (CVT 11-05) approved by City Council Resolution 2012-13 on January 24, 2012; and Tentative Subdivision Map (CVT 11-01) approved by City Council Resolution 2012-057 on April 3,2012; and D. Environmental Determination WHEREAS, The Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project may have a significant effect on the environment as identified in previous FEIR 02-02; therefore, the City of Chula Vista has prepared a Supplemental Environmental Impact Report, SEIR-12-01/SCH 2003091012 pursuant to CEQA 15163; and The City Council of the City of Chula Vista, having reviewed, analyzed, considered the previously certified Final Environmental Impact Report (FEIR) as revised by the Final Supplemental Environmental Impact Report(FSEIR 12-01/SCH2O03091012) pursuant to the California Environmental Quality Act, approved and certified a Final SEIR, made certain Findings of Fact, and adopted a Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program for the GPA GDPA, SPA Plan amendment, and Tentative Maps pursuant to CEQA, by Resolution No. 2014 - E. Planning Commission Record of Application WHEREAS, the Planning Commission set the time and place for a hearing on 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, and its mailing to property owners within 500 feet of the exterior boundary of the Project Site at least ten (10) days prior to the hearing; and WHEREAS, the Planning Commission held an advertised public hearing on the Project on October 8, 2014 and the Planning Commission did not act on the resolution since the Planning made a motion that the City Council reject the project by not making certain findings of fact; not adopt a Statement of Overriding Considerations; not adopt a Mitigation Monitoring and Reporting Program and not Certify the Final Supplemental Environmental Impact Report (FSEIR 12-01/SCH 2003091012) for amendments to the General Plan, Otay Ranch General Development Plan, Otay Ranch Villages Two, Three and a portion of Four Sectional Planning Area Plan, four associated Tentative Maps pursuant to the California Environmental Quality Act. This motion carried 5-1-0-1; and, 2014-11-04 Agenda Packet Page 255 Resolution No. Page 3 WHEREAS, the proceedings and all evidence introduced before the Planning Commission at the public hearing on the Project held on October 8, 2014 and the minutes and resolution resulting therefrom, are incorporated into the record of this proceedings; and, F. City Council Record of Application WHEREAS, the City Clerk set the time and place for the hearing on the Project application and notices of said hearings, together with its purposes given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the Project Site at least ten (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 November 4, 2014, in the Council Chamberslocated in the Chula Vista Civic Center, 276 Fourth Avenue, at 2:00 p.m. to receive the recommendations of the Planning Commission and to hear public testimony with regard to the same. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Chula Vista that it finds, determines, and resolves as follows: II. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council, in the exercise of their independent review and judgment, immediately prior to this action, having reviewed and considered the previously certified Final Environmental Impact Report (FEIR) as revised by the Final Supplemental Environmental Impact Report (FSEIR 12-01/SCH2O03091012) pursuant to the California Environmental Quality Act, adopted the Findings of Fact, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program, as presented to as Exhibit "A" attached hereto and on file in the City Clerk's Office. III. GENERAL PLAN INTERNAL CONSISTENCY The City Council hereby finds and determines that the General Plan, as amended, is internally consistent and shall remain internally consistent following amendments thereof by this Resolution. IV. GENERAL DEVELOPMENT PLAN CONSISTENCY The City Council hereby finds and determines that the General Development Plan, as amended, is internally consistent and shall remain internally consistent following amendments thereof by this Resolution. V. ADOPTION OF GENERAL PLAN AND GENERAL DEVELOPMENT PLAN 2014-11-04 Agenda Packet Page 256 Resolution No. Page 4 AMENDMENTS In light of the findings above, the General Plan and General Development Plan Amendment provisions are hereby approved and adopted in the form as presented in Exhibits B and C attached hereto and on file in the City Clerk's Office. VI. GDP/SPA FINDINGS/APPROVAL A. THE SECTIONAL PLANNING AREA (SPA) PLAN, AS AMENDED, IS IN CONFORMITY WITH THE OTAY RANCH GENERAL DEVELOPMENT PLAN, AS AMENDED, AND THE CHULA VISTA GENERAL PLAN, AS AMENDED. The current General Plan land use designation for Neighborhoods R-15b, R-20, R-21b and R-23 is Residential Low Medium; for Neighborhoods R-4b(a), R-5b, R-8c, and R-9b is Residential Medium; for Neighborhoods R-I7b(a), R-I7b(b), and R-19b is Residential Medium High; for Neighborhoods R-4b(b), R-24 and R-25a is Residential High; and for Neighborhoods R-l 0a, R-l Ob, R-11, R-12a, R-12b, R-16b, R-27, R-31, MU-1, MU-2, MU-3 and C-1 is Mixed Use Residential. The proposed project is consistent with these land use designation as all densities fall within the prescribed GP ranges for each of these categories. The current Otay Ranch GDP land use designation for Neighborhoods R-15b, R-20, R- 21b and R-23 is Low Medium Village Density Residential (LMV); for Neighborhoods R- 4b(a), R-5b, R-8c, R-9b, R-17b(a) and R-19b is Medium Density Residential (M); for Neighborhoods R-4b(b), R-IOa, R-IOb, R-11, R-12a, R-12b, R-16b, R-17b(b), R-24, R- 25a, R-27 and R-31 is High Density Residential (H); and for Neighborhoods MU-1, MU- 2, MU-3 and C-1 is Mixed Use (MU). The proposed project is consistent with these land use designation as all densities fall within the prescribed GDP ranges for each of these categories. The existing implementing zone in the Village 2 Planned Community District Regulations is Single Family 3 (SF3) for Neighborhoods R-20 and R-21b; Single Family 4 (SF4) for Neighborhoods R-8c, R-15b and R-23; Residential Multi Family 1 (RM1) for Neighborhoods R-4b(a), R-5b, R-9b, R-17b(a) and R-19b; Residential Multi Family 2 (RM2) for Neighborhoods R-4b(b), R-IOa, R-IOb, R-11, R-12a, R-12b, R-16b, R-17b(b), R-24, R-25a, R-27 and R-31; and Mixed Use (MU) for MU-1,MU-2, MU-3 and C-1. All neighborhoods are consistent with these designations. The proposed unit increase would not result in any significant land use, planning, or zoning impacts. Though the addition of 1,562 units would increase the density of the village, such an increase furthers the GDP policy objective for "Urban Villages" to have "higher densities and mixed uses in the village cores" and to "provide a wide range of residential housing opportunities...which promotes a blend of multi family and single- 2014-11-04 Agenda Packet Page 257 Resolution No. Page 5 family housing styles and densities, integrated and compatible with other land uses in the area." Of the 1,562 total new units, 1,132 (72%) are located within the village core. The proposed unit increase would also support Smart Growth Principles, as it provides compact development oriented to pedestrians, bicyclists and transit, and would further minimize urban sprawl development patterns. The proposed changes would also provide more land use diversity, increase pedestrian orientation and make commercial uses in Village 2 more viable. All off-site public streets required to serve the subdivision already exist or will be constructed or funded by the Applicant in accordance with the Supplemental PFFP and Conditions of Approval. The on-site public streets are designed in accordance with the City design standards and/or requirements and provides for vehicular and pedestrian connections. B. THE SPA PLAN, AS AMENDED, WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREAS. The requested amendments to the Village 2 SPA Plan rely on a combination of the approved Village Two, Three and Portion of Village Four Public Facilities Finance Plan (Village 2 PFFP) and the newly prepared Village 2 SPA Amendment Supplemental PFFP (Supplemental PFFP) to outline infrastructure required to serve the entire, previously approved 2,983 unit project and the 1,562 additional units proposed as part of the Village 2 SPA Amendment, along with the timing of installation and the financing mechanisms to promote the sequential development of the project. The requested increase of 1,562 units will not affect the timeframes outlined in the Supplemental PFFP. Development of the 1,562 units will occur in an orderly, sequential manner as part of the overall development of Village 2. C. THE OTAY RANCH VILLAGE 2 SPA PLAN, AS AMENDED, WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. The proposed modifications to land use and development standard provisions within the Project Site have been fully analyzed and will not adversely affect the circulation system and overall land use as previously envisioned in the Otay Ranch General Development Plan and Village 2 SPA Plan. The increase of 1,562 units involving 280 acres would occur internally within the boundaries of the approximate 766 acre Village 2 site. The existing infrastructure (sewer, water, public services and facilities) has been determined to be adequate to serve the proposed 1,562 additional units transfer, as described in the Supplemental PFFP. Additionally, a Water Quality Technical Report, Traffic Impact Study, Noise Impact Study, Air Quality and Global Climate Change Report, Water 2014-11-04 Agenda Packet Page 258 Resolution No. Page 6 Service Technical Memo and Sewer Service Technical Memo have been prepared, reviewed and approved. A Supplemental Environmental Impact Report has been prepared and the Development Services Director has determined that any impacts associated with the proposed amendments have been addressed and the requested amendments to the SPA will not adversely affect the adjacent land uses, residential enjoyment, circulation or environmental quality of the surrounding uses. VII. APPROVAL OF GDP/SPA AMENDMENTS Based on the findings above, the City Council approves the amendments to the Otay Ranch GDP and Village 2 SPA Plan shown in Exhibits B and C, and Attachment 6 on file in the office of the City Clerk, subject to the conditions set forth below: 1. The Project shall comply with all mitigation measures specified in Final Supplemental EIR(FSEIR 12-01), to the satisfaction of the Development Services Director. 2. All the terms, covenants and conditions contained within the "Exhibit B" of the Otay Ranch Village Two, Three and a portion of Four SPA Plan Resolution 2006-156 shall continue to be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the Property. 3. Applicant shall provide the required affordable housing to the satisfaction of the Development Services Director. 4. Prior to approval of building permits for each phase of the Project, the Applicant shall demonstrate that the air quality control measures outlined in the Otay Ranch Village 2 SPA Plan Air Quality Technical Report pertaining to the design, construction and operational phases of the project have been incorporated in the project design. 5. Prior to the 60th day after the Ordinance becomes effective, the Applicant shall prepare a clean copy of the SPA Plan document by deleting all strike out/ underlines and shading. Where the document contains both, an existing and proposed exhibit, the previous existing exhibit shall be removed and substituted. In addition, the strike-out underlined text, document format, maps and statistical changes within the Otay Ranch Village 2 SPA, PC District Regulations, and Village Design Guidelines, for the Village 2 SPA Amendment project shall be incorporated into the final document and approved by the Development Services Director for printing. 6. Prior to the 60th day after the Ordinance becomes effective, the Applicant shall submit to the Development Services Department 10 copies and a CD of the approved amendment to the Otay Ranch Village 2 SPA Plan, and PC District Regulations. 2014-11-04 Agenda Packet Page 259 Resolution No. Page 7 VIII. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the forgoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, and any of such conditions fail to be so implemented and maintained according to the their terms, the City shall have the right to revoke or modify all approvals herein granted, deny or further condition issuance of future building permits, deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted, instituted and prosecute litigate or compel their compliance or seek damages for their violations. No vested rights are gained by Applicant or successor in interest by the City approval of this Resolution. IX. INVALIDITY;AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon enforceability of each and every term provision and condition herein stated; and that in the event that any one or more terms, provisions or conditions are determined by the Court of competent jurisdiction to be invalid, illegal or unenforceable, if the city so determines in its sole discretion, this resolution shall be deemed to be revoked and no further in force or in effect ab initio. Presented by: Approved as to form by: Kelly Broughton, FSALA Glen R. Googins Development Services Director City Attorney 2014-11-04 Agenda Packet Page 260 ►� . // Q�• ' ♦♦ ���0 ���►►au111►►Ipj�Iq . ♦u1 ►1---. .. - ��� ►uuw• �����. 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ORDINANCE OF THE CITY OF CHULA APPROVING AMENDMENTS TO THE OTAY RANCH VILLAGE 2 PLANNED COMMUNITY DISTRICT REGULATIONS AND LAND USE DISTRICTS MAP FOR 26 NEIGHBORHOODS AND 10 PLANNING AREAS L RECITALS A. Project Site WHEREAS, the area of land which is the subject of this Ordinance is diagrammatically represented in"Exhibit A"attached to and incorporated into this Ordinance,and commonly known as Village 2 SPA Amendment ("Project"), and for the general purpose of general description herein consists of approximately 325.7 acres located south of Olympic Parkway and west of La Media Road within the Otay Ranch Village 2 Planned Community("Project Site"); and, B. Project; Application for Discretionary Approvals WHEREAS, a duly verified application was filed with the City of Chula Vista Development Services Department on July 9, 2012 by Baldwin & Sons ("Applicant, Owner, and Developer"), requesting approval of amendments to the Otay Ranch Village 2 Planned Community District(PC) Regulations and Land Use Districts Map; and, C. Prior Discretionary Approvals WHEREAS, development of the Project Site has been the subject matter of various entitlements and agreements, including: 1) a General Development Plan, SPA Plan and associated Design Guidelines,PFFP,WCP,AQIP and Comprehensive Affordable Housing Plan previously approved by City Council Resolution No. 2006-156 on May 23, 2006, amended City Council Resolution No. 2012-009 on January 24, 2012, and City Council Resolution No.2012-056 on April 3,2012;2)Planned Community District Regulations and Land Use Districts Map approved by City Council Ordinance No. 3036 on June 6, 2006, amended by City Council Ordinance No. 3225 on February 14,2012, and amended by City Council Ordinance No.3228 on April 17,2012; 3)Tentative Subdivision Map(CVT 06-05) approved by City Council Resolution 2006-157 on May 23, 2006; Tentative Subdivision Map (CVT 11-02) approved by City Council Resolution 2012-10; Tentative Subdivision Map (CVT 11-03) approved by City Council Resolution 2012-11; Tentative Subdivision Map(CVT 11-04)approved by City Council Resolution 2012-12;and Tentative Subdivision Map(CVT 11-05) approved by City Council Resolution 2012-13 on January 24,2012; and Tentative Subdivision Map(CVT 11-01)approved by City Council Resolution 2012-057 on April 3, 2012; and 2014-11-04 Agenda Packet Page 262 Ordinance No. Page 2 D. Planning Commission Record of Application WHEREAS, the Planning Commission set the time and place for a hearing on 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, and its mailing to property owners within 500 feet of the exterior boundary of the Project, at least ten (10) days prior to the hearing; and WHEREAS, the Planning Commission held an advertised public hearing on the Project on October 8, 2014, and the Planning Commission did not act on the resolution since the Planning made a motion that the City Council reject the project by not making certain findings of fact;not adopt a Statement of Overriding Considerations;not adopt a Mitigation Monitoring and Reporting Program and not Certify the Final Supplemental Environmental Impact Report(FSEIR 12-01/SCH 2003 091012)for amendments to the General Plan,Otay Ranch General Development Plan, Otay Ranch Villages Two, Three and a portion of Four Sectional Planning Area Plan, four associated Tentative Maps pursuant to the California Environmental Quality Act. This motion carried 5-1-0-1; and WHEREAS, the proceedings and all evidence introduced before the Planning Commission at the public hearing on this project held on September 24, 2014, and the minutes and resolution resulting therefrom,are hereby incorporated into the record of this proceeding;and E. City Council Record of Application WHEREAS,the City Clerk set the time and place for the hearing on the Project application and notices of the hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the Project at least ten(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 November 4, 2014,in the Council Chambers in the City Hall, City of Chula Vista Civic Center,276 Fourth Avenue,at 4:00 p.m. to receive the recommendations of the Planning Commission,and to hear public testimony with regard to the same; and F. Discretionary Approvals Resolution and Ordinance WHEREAS, at the same City Council hearing at which this Ordinance was introduced for first reading on November 4, 2014 the City Council of the City of Chula Vista approved Resolution , by which it approved amendments to the Otay Ranch Village 2 GDP, SPA Plan, Design Guidelines, the Supplemental Public Facilities Financing Plan, the Air Quality Improvement Plan and the Water Conservation Plan, and Tentative Map; and G. Environmental Determination WHEREAS, The Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act(CEQA)and has determined that the project may have a significant effect on the environment as identified in previous FEIR 2014-11-04 Agenda Packet Page 263 Ordinance No. Page 3 02-02;therefore,the City of Chula Vista has prepared a Supplemental Environmental Impact Report, SEIR-12-01/SCH 2003091012 pursuant to CEQA 15163; and NOW THEREFORE, the City Council of the City of Chula Vista does hereby find, determine and ordain as follows: A. CONSISTENCY WITH GENERAL PLAN The City Council finds that the proposed amendments to the Otay Ranch Village 2 Planned Community District Regulations and Land Use District Map are consistent with the City of Chula Vista General Plan.The residential nature of the proposed use would be consistent with the adopted residential designations for this project site and compatible with the surrounding residential and village-related land uses of the Otay Ranch area. B. APPROVAL OF PROPOSED AMENDMENTS The City Council approves the amendments to the Otay Ranch Village 2 Planned Community District Regulations and Land Use District Map as represented in Exhibit B and Attachment 6, on file in the office of the City Clerk. III. EFFECTIVE DATE This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by Approved as to form by Kelly Broughton, FSALA Glen R. 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TL:-7 032 .,% SF2 Single Family 2 0, 500' low -:::% n��s��sn� Single Family 3 mApprokinme. BP2 ', /` SF3 9 (CPF PSI F-S-F-41 Single Family 4 v ` ' RMi Multi Family 1 BP1 RM2 Multi Family BPIF J' , cPF Community Purpose BPI --I MU Mixed Use i r BP2 Bpi 1 Business Park I. Bp2 I Business Park 5 OS1 _ BP2 s �`� - BP2 ® Park O$1 1 osi Open Spada OS2• :1.•: OS2 Preserve Open Space Ownership Landfill Buffer Boundary 2014-11-04 Agenda Packet Page 266 Village of Montecito and Otay Ranch Business Park Zoning District Map RESOLUTION NO. 2014- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A TENTATIVE SUBDIVISION MAP WITHIN OTAY RANCH VILLAGE 2 NORTH — CHULA VISTA TRACT 12-02 L RECITALS 1. Project Site WHEREAS, the parcel, that is the subject matter of this resolution, is represented in Exhibit A. attached hereto and incorporated herein by this reference, and for the purpose of general description, is located in the northern portion of Otay Ranch Village 2 Neighborhoods R-5b, R-8c, R-9b and R-IOb, Chula Vista("Property"); and 2. Project; Applications for Discretionary Approval WHEREAS, on July 9, 2012, a duly verified application for a Tentative Subdivision Map (Chula Vista Tract (CVT) 12-02) was filed with the City of Chula Vista Development Services Department by Baldwin and Sons ("Applicant") to subdivide an approximately 40-acre site within Otay Ranch Village 2 North, Neighborhoods R-5b, R-8c, R-9b and R-10b, into 51 single family lots, 28 multi-family, one (1) HOA open space lot, one (1) public park, and one (1) CPF lot; and 3. Environmental Determination WHEREAS, The Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project may have a significant effect on the environment as identified in previous FEIR 02-02; therefore, the City of Chula Vista has prepared a Supplemental Environmental Impact Report, SEIR-12-01/SCH 2003091012 pursuant to CEQA 15163.; and The City Council of the City of Chula Vista having reviewed, analyzed, and considered the previously certified Final Environmental Impact Report (FEIR) as revised by the Final Supplemental Environmental Impact Report (FSEIR 12-01/SCH2003091012) pursuant to the California Environmental Quality Act,made certain Findings of Fact and adopted a Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program for the GPA, GDPA, SPA Plan and associated Tentative Maps pursuant to CEQA, by Resolution No. 2014 - 4. Planning Commission Record on Application 2014-11-04 Agenda Packet Page 267 Resolution No. Page 2 WHEREAS, on October 8, 2014, the Director of Development Services set a hearing before the Planning Commission for the consideration of and recommendation on Tentative Subdivision Map. Notice of said hearing, together with its purpose, was given by both publication in a newspaper of general circulation in the City and 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, a hearing at the time and place as advertised, namely October 8, 2014, at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, was held before the Planning Commission and said hearing was thereafter closed; and WHEREAS, the Planning Commission reviewed and considered the Tentative Subdivision Map CVT 12-02; and WHEREAS, the Planning Commission after considering all evidence and testimony presented, the Planning Commission did not act on the resolution since the Planning made a motion that the City Council reject the project by not making certain findings of fact; not adopt a Statement of Overriding Considerations; not adopt a Mitigation Monitoring and Reporting Program and not Certify the Final Supplemental Environmental Impact Report (FSEIR 12- 01/SCH 2003091012) for amendments to the General Plan, Otay Ranch General Development Plan, Otay Ranch Villages Two, Three and a portion of Four Sectional Planning Area Plan, four associated Tentative Maps pursuant to the California Environmental Quality Act. This motion carried 5-1-0-1; and 5. City Council Record on Application WHEREAS, a hearing time and place was set by the City Council of the City of Chula Vista for consideration of the Project and notice of said hearing, together with its purpose, was given by both publication in a newspaper of general circulation in the City and 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, on November 4, 2014 at 2:00 p.m. in the Council Chambers, 276 Fourth Avenue, the City Council of the City of Chula Vista held the duly noticed public hearing to consider said Project: said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find, determine, and resolve as follows: IL TENTATIVE SUBDIVISION MAP FINDINGS A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that the Tentative Subdivision Map, as conditioned herein, is in conformance with the elements of the City's General Plan,based on the following: 1. Land Use and Transportation 2014-11-04 Agenda Packet Page 268 Resolution No. Page 3 The current General Plan land use designation for Neighborhoods R-5b, R-8c, and R- 9b is Residential Medium and for Neighborhood R-10b is Mixed Use Residential. The proposed project is consistent with these land use designation as all densities fall within the prescribed GP ranges for each of these categories. The current Otay Ranch GDP land use designation for Neighborhoods R-5b, R-8c, and R-9b is Medium Density Residential (M) and for Neighborhood R-10b is High Density Residential (H). The proposed project is consistent with these land use designation as all densities fall within the prescribed GDP ranges for each of these categories. The existing implementing zone in the Village 2 Planned Community District Regulations is Single Family 4 (SF4) for Neighborhood R-8c; Residential Multi Family I (RMI) for Neighborhoods R-5b and R-9b; and Residential Multi Family 2 (RM2) for Neighborhood R-10b. All neighborhoods, as shown on the TM, are consistent with these designations. In total, this TM depicts 88 residential units. The subdivision design consists of 79 residential lots, one (1) open space lot, one (1) public park, and one (1) CPF lot. 51 of the lots will be single family and range from 4,250 sf to 17,107 sf in size. 27 of the lots are small lot single family (each intended for a single detached product) that are categorized as multi-family due to their density. The final multi-family lot is an extension of the existing Neighborhood R- I Ob and will increase the total number of residential units in that project by 10. The proposed project furthers the policy objective for "Urban Villages" to have "higher densities and mixed uses in the village cores" and to"provide a wide range of residential housing opportunities...which promotes a blend of multi family and single-family housing styles and densities, integrated and compatible with other land uses in the area. " The proposed project would support Smart Growth Principles, as it provides compact development oriented to pedestrians, bicyclists and transit, and would further minimize urban sprawl development patterns. The proposed changes would also provide more land use diversity, increase pedestrian orientation and make commercial uses in Village 2 more viable. All off-site public streets required to serve the subdivision already exist or will be constructed or funded by the Applicant in accordance with the Supplemental PFFP and Conditions of Approval. The on-site public streets are designed in accordance with the City design standards and/or requirements and provides for vehicular and pedestrian connections. 2. Economic Development The proposed project results in an increase 1,562 residential units. There is a reduction of 70 typical single family lots and provision of a wider range of housing options and pricing for potential home-buyers in the current housing market. By adding these units, increased patronage to the nearby commercial and public/quasi- 2014-11-04 Agenda Packet Page 269 Resolution No. Page 4 public uses can be anticipated to contribute to greater economic development within Village 2 and the City. The Project allows for further development of detached small lot single-family homes and multi-family housing. The Project provides homebuyers the opportunity to purchase both attached and detached homes with greater affordability, reduced maintenance/utility costs, and less dependency on the automobile, a guiding principal of the Otay Ranch GDP. The proposed homes also provide further variation in housing opportunities available to Chula Vista residents, consistent with General Plan Objective ED 2. The proposed project also fosters economic development benefits at the community level by providing for increased housing densities within the same development footprint. These increased densities allow for infrastructure and municipal services to be provided at reduced cost per capita (more people served by the same municipal services). Additionally, with increased housing (and population) within the same development footprint, increased densities improve the viability of community serving commercial and public/quasi public uses as well as alternative transportation modes. As a result, the proposed project may serve as a catalyst for small and mid- sized industries and businesses and community serving and neighborhood uses, consistent with General Plan Objectives ED 3 and ED 9. 3. Public Facilities and Services The Project has been conditioned to ensure that all necessary public facilities and services will be available to serve the Project concurrent with the demand for those services. A Supplemental PFFP has been prepared to analyze the additional demand generated by 1,562 new units for public services and facilities, and the phasing needs created by the Project. A project-level water quality technical report was completed for the proposed project. The water quality technical report outlines the means and methods for achieving the water quality treatment and hydromodification requirements of the City of Chula Vista. The recommendations of the report will be implemented through grading and improvement plans approved by the City Engineer. The proposed project would continue to comply with all applicable rules and regulations including compliance with NPDES permit requirements for urban runoff and storm water discharge. Best Management Practices (BMPs) for design, treatment and monitoring for storm water quality would be implemented as delineated in the Mitigated Negative Declaration with respect to municipal and construction permits. Compliance with all applicable rules and regulations governing water quality as well as implementation of all mitigation measures outlined in the Mitigated Negative Declaration and the water quality technical report would ensure no additional impacts to water quality. 2014-11-04 Agenda Packet Page 270 Resolution No. Page 5 Project-specific analyses have been conducted relative to the project's potential sewer and water impacts. The proposed project would increase average projected water demands by 472,420 gallons per day (gpd). A Water Supply Assessment and Verification Report analyzing these new demands was approved by the Otay Water District's Board of Directors on November 6, 2013. The proposed project adds 1,562 units to the Poggi and Salt Creek basins, which results in an increase of 248,730 gpd (938 EDU) to the Poggi Basin and 128,315 gpd (484 EDU) to the Salt Creek Basin. Two reaches of the Poggi Canyon Interceptor have already been identified for future replacement; the proposed project would require one additional reaches of the Poggi Canyon Interceptor to be upgraded in the future. Upon approval of the proposed project, the Development Impact Fee for the Poggi Basin would be updated to reflect the inclusion upsizing of P345 to P363 and to include these additional units. The new units do not result in any deficiencies in the Salt Creek Basin. 4. Environmental Element The proposed project has been reviewed in accordance with the requirements of CEQA. A Water Quality Technical Report, Traffic Impact Study, Noise Impact Report, Air Quality and Global Climate Change Evaluation, Sewer Service Technical Memo and Water Service Technical Memo have been prepared, reviewed and approved by the City. A Supplemental Environmental Impact Report (SEIR-12-01) has been prepared for the project in order to address the proposed addition of 1,562 units (inclusive of the subject 88 units associated with this Tentative Map) to the Village 2 SPA Plan. 5. Growth Mana eg ment The proposed project would result in 1,562 additional dwelling units in Village 2. A Supplemental PFFP has been prepared which analyzes any potential impacts on public facilities and services, and identifies the facilities, phasing and timing triggers for the provision of facilities and services to serve the project, consistent with the City's Quality of Life Threshold Standards. A project-specific traffic study, the Traffic Impact Analysis Village 2 Comprehensive SPA Amendment, analyzes the impact of 1,562 additional units in Village 2. The traffic study concludes that the proposed project would generate a total of 13,840 external daily trips by buildout of the project, including 1,068 AM peak hour trips and 1,367 PM peak hour trips. Direct traffic impacts would occur at two intersections along Heritage Road; signalization would mitigate the intersection with Avenida De Las Vistas (in the City of San Diego) and the intersection with Olympic Parkway will be mitigated through payment of TDIF fees that will allow for the construction of Main Street and La Media Road. Additionally, the project would result in cumulative impacts to seven other intersections. Of these, all but one will be mitigated through signal and road 2014-11-04 Agenda Packet Page 271 Resolution No. Page 6 improvements that are covered by the TDIF program (towards which the project will pay all appropriate fees). The final intersection, at I-805 SB ramps and Olympic Parkway, has no feasible mitigation and remains significant and unmitigable. In terms of study area roadway segments, the proposed project would result in a direct traffic impact on Heritage Road between East Palomar Street and Olympic Parkway. This direct impact would be mitigated by payment of TDIF fees for the construction of Main Street between Heritage Road and La Media Road. Two other roadway segments would be cumulatively impacted by the proposed project. Olympic Parkway between Heritage Road and Santa Venetia Street would be mitigated through payment of TDIF fees toward construction of Main Street between Heritage Road and La Media Road. The other roadway segment, Orange Avenue between Melrose Avenue and I-805 SB Ramps, has no feasible mitigation and remains significant and unmitigable. In addition to roadway and intersection impacts, traffic generated by the proposed project would have a cumulative impact on I-805, from SR-94 to Telegraph Canyon Road. For this, there is no feasible mitigation available, and the impact would remain significant and unmitigable. The Project site is within the boundaries of the Chula Vista Elementary School District (CVESD). Based on Student Generation Factors from CVESD, the proposed 1,562-unit increase would result in roughly 539 additional elementary school students. A single elementary school was planned within the Village 2 core to serve the build-out population, but due to the increased student generation, the project proposes a second school in the expanded southern portion of the core. It is anticipated the entire Village 2 project will now generate approximately 1,517 students. CVESD sizes elementary schools to accommodate between 750 and 1,000 students; therefore, the new students would not result in inadequate school facilities. The CVESD will determine which elementary school students generated by the project will attend on an interim basis. The Project is also within the attendance area of Olympian High School, within the Sweetwater Union High School District (SUHSD). It is anticipated that approximately 123 middle school and 344 high school students are generated by the Village 2 SPA Amendment project. The project site is within the boundaries of established Communities Facilities Districts for both CVESD (CVESD CFD 17) and SUHSD (SUHSD CFD 17). As such, the Applicant will mitigate impacts on secondary and elementary school facilities through participation in CVESD and SUHSD CFDs. 6. Open Space and Conservation The proposed project meets the minimum open space requirement per the Village 2 SPA Plan and Planned Community District Regulations. The project generates a demand for an additional 12.16 acres of park land. This obligation will be met 2014-11-04 Agenda Packet Page 272 Resolution No. Page 7 through the Applicant's dedication of parkland. To achieve this, two new public parks have been created and two within the existing plan have been expanded. As part of the Villages 2 SPA Plan, 109 acres of open space was required to be provided to meet Otay Ranch GDP threshold. The Village 2 SPA Plan provided approximately 203.5 acres of on-site open space. The proposed project would increase the open space demand to 176.7 acres. The 181.2 acres provided in the village exceeds the Otay Ranch GDP open space requirement. In addition, the Otay Ranch Resource Management Plan requires conveyance of 1.188 acres of preserve land for every acre of non-common development area. Applicant will be responsible for satisfying this requirement concurrently with the processing of the final maps. Because the amendment is over areas of previously planned development, the total dedication required does not change much from the original project. The Applicant has existing "credits" which were previously dedicated to the Otay Ranch Preserve Owner/Manager which will be used to partially satisfy this obligation. The proposed landform grading conforms to the City's grading Ordinance and retains regional and natural open space features. The development of the site is consistent with the goals and policies of the Conservation Element. B. Pursuant to Government Code Section 66473.1 of the Subdivision Map Act, the configuration, orientation, and topography of the site allow for the optimum siting of lots for natural and passive heating and cooling opportunities. The development of the site will be subject to site plan and architectural review to ensure the maximum utilization of natural and passive heating and cooling opportunities. C. Pursuant to Government Code Section 66412.3 of the Subdivision Map Act, the Council certifies that it has considered the effect of this approval on the housing needs of the region and has balanced those needs against the public service needs of the residents of the City and the available fiscal and environmental resources. D. The site is physically suited for residential development, because it is generally level and is located adjacent to existing residential developments. The Project conforms to all standards established by the City for a residential development. E. The conditions herein imposed on the grant of permit or other entitlement herein contained is approximately proportional both in nature and extent to the impact created by the proposed development. III. GOVERNMENT CODE SECTION 66020 NOTICE Pursuant to Government Code Section 66020(d)(1), NOTICE IS HEREBY GIVEN that the 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 2014-11-04 Agenda Packet Page 273 Resolution No. Page 8 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, set aside, void or annual 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 the 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. BE IT FURTHER RESOLVED that the City Council does hereby approve the Project subject to the general and special conditions set forth below. IV. TENTATIVE MAP GENERAL CONDITIONS OF APPROVAL Unless otherwise specified or required by law: (a) the conditions and Code requirements set forth below shall be completed prior to the related Final Map as determined by the Development Services Director and the City Engineer, unless otherwise specified, "dedicate" means grant the appropriate easement, rather than fee title. Where an easement is required the Applicant shall be required to provide subordination of any prior lien and easement holders in order to ensure that the City has a first priority interest and rights in such land unless otherwise excused by the City. Where fee title is granted or dedicated to the City, said fee title shall be free and clear of all encumbrances,unless otherwise excused by the City. Should conflicting wording or standards occur between these conditions of approval, any conflict shall be resolved by the City Manager or designee. GENERAL/DEVELOPMENT SERVICES 1. The Applicant, or his/her successors in interest, shall improve the Project Site with the Project as described in the Tentative Subdivision Map, Chula Vista Tract No. 12-02, 12- 03, 12-04, and 12-05 generally located south of the existing Olympic Parkway and west of La Media Road. 2. The Project shall comply with approved General Plan Amendment GPA-12-04 and General Development Plan Amendment PCM-12-17, the Sectional Planning Area (SPA) Plan PCM-12-18, approved November 4, 2014, and all supporting documents including but not limited to Public Facilities Finance Plan, Parks, Recreation, Open Space and Trails Plan, Affordable Housing Plan and Non-Renewable Energy Conservation Plan,Air Quality Improvement Plan, Water Conservation Plan Fire Protection Plan and the City of Chula Vista Standard Tentative Map Conditions, as attached hereto and incorporated herein. 3. Prior to the issuance of the 60th residential building permit for Neighborhood R-20, the Applicant shall commence construction on the CPF-2 park site, to the satisfaction of the Development Services Director. 4. Applicant shall pay in full any unpaid balance for the Project, including Deposit Account No. DQ 1696. 2014-11-04 Agenda Packet Page 274 Resolution No. Page 9 5. The Applicant shall implement, to the satisfaction of the Development Services Director and the City Engineer, the mitigation measures identified in the Supplemental Environmental Impact Report (CV SEIR 12-01) for Amendments to the Chula Vista General Plan(GPA 12-04) and Otay Ranch General Development Plan (PCM-12-17) and associated Mitigation Monitoring and Reporting Program (MMRP) for the Project; and the Otay Ranch Sectional Planning Area (PCM-12-18) Environmental Impact Report (CV SEIR 12-01) and associated Mitigation Monitoring and Reporting Program (MMRP) for the Project,within the timeframe specified in the MMRP. 6. The CC&R's for each HOA within the project shall contain a provision that provides all new residents with an overflight disclosure document that discloses the following information during any real estate transaction or prior to lease signing, as required by the Brown Field ALUCP: NOTICE OF AIRPORT VICINITY: This property is presently located in the vicinity of an airport, within what is known as an airport influence area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (for example: noise, vibration, or odors). Individual sensitivities to those annoyances can vary from person to person. You may wish to consider what airport annoyances, if any, are associated with the property before you complete your purchase or lease and determine whether they are acceptable to you. A copy of this disclosure document shall be recorded with the City of Chula Vista as part of project approval. Each prospective homeowner shall sign the disclosure document confirming they have been informed of the vicinity of the airport prior to the purchase of a home. 7. The Applicant shall obtain approval of a subsequent Final Map showing condominium ownership prior to development of condominiums within any Planning Area proposing mixed residential/commercial or multi-family residential uses. 8. The Applicant shall construct public facilities in compliance with the Otay Ranch Village 2 Comprehensive SPA Public Facilities Finance Plan (as amended from time to time) as specified in the Threshold Compliance and Recommendations Section for each public facility chapter. At the applicant's request, the City Engineer and Development Services Director may, at their discretion,modify the sequence, schedule, alignment and design of improvement construction should conditions change to warrant such a revision. 9. Prior to the first final map, the applicant will enter into an agreement to provide funding for periods where project expenditures exceed projected revenues in compliance with CVMC 19.09.060(J). 10. The Applicant shall dedicate, with the applicable final map, for public use all the public streets shown on the tentative map within the subdivision boundary. The applicant shall construct or enter into an agreement to construct and secure all street and intersection improvements as necessary to mitigate the impacts of the Project and as specified in Otay 2014-11-04 Agenda Packet Page 275 Resolution No. Page 10 Ranch Village 2 SPA Plan Supplemental Public Facilities Finance Plan Table B.5 "Phasing Summary" and Table C.6 "Project Frontage & Access". The Applicant shall construct the public improvements and provide security satisfactory to the City Engineer and City Attorney. 11. Prior to approval of any final map showing public or private streets, the Applicant shall obtain approval of street names to the satisfaction of the Development Services Director and City Engineer. 12. In accordance with Standard Tentative Map Condition 40: The applicant shall notify the City at least 60 days prior to consideration of the first map by the City if any of-site right- of-way or any interest in real property needed to construct or install offsite improvements cannot be obtained as required by the Conditions of Approval. After said notification, the developer shall comply with the requirements set forth in Standard Condition 40. 13. Prior to approval of the first Final Map for the Project, the Applicant(s) shall provide an approved amendment to the Subarea Water Master Plan (SAMP) by the Otay Water District. The SAMP will provide more detailed information on the project such as project phasing; pump station and reservoir capacity requirements, and extensive computer modeling to justify recommended pipe sizes. (Engineering, Planning). 14. Prior to approval of each Final "B" Map, present verification to the City Engineer in the form of a letter from Otay Water District that the subdivision will be provided adequate water service and long-term water storage facilities. (Engineering, Planning) 15. Prior to approval of each Final Map or Grading Plan for the Project, the Engineer-of- Work shall submit and obtain approval by the City Engineer a waiver request for all subdivision design items not specifically waived on the Tentative Map, and not conforming to adopted City standards. The Engineer-of-work request shall outline the requested subdivision design deviations from adopted City standards and state that in his/her professional opinion, no safety issues will be compromised. The waiver is subject to approval by the City Engineer in the City Engineer's sole discretion. (Engineering) 16. Prior to approval of any construction permit, Applicant shall ensure that all emergency access roads are designed with a Traffic Index of 5 and constructed out of concrete or as approved by the City Engineer. (Engineering) Public Facilities: 17. Prior to approval of the Final Map that contains the public transit facilities, the Developer shall provide a deposit in the amount of$20,000 for each transit stop payable to the City of Chula Vista for a Capital Improvement Project for future transit improvements, or enter into an agreement to construct future transit improvements to the satisfaction of the Chula Vista Transit Coordinator and MTS. 2014-11-04 Agenda Packet Page 276 Resolution No. Page 11 18. Prior to issuance of any building permit for a residential unit located within the City of San Diego's easement for the Otay II Pipeline, Applicant shall relocate the waterline from within Village Two to Olympic Parkway and La Media Road. 19. Prior to the approval of the first Final Map for the Project, the Developer shall provide an agreement to the satisfaction of the Development Services Director stating that the Applicant will not protest the formation of a reimbursement district to finance the construction of Heritage Road for its prorate share of the road as determined by the Development Services Director. 20. Prior to each final map developer shall either demonstrate that Poggi Sewer has adequate capacity or upsize the inadequate segment, all to the satisfaction of the Director of Development Services. 21. Prior to the first final map, Developer shall fund the updates of the Poggi Canyon and Salt Creek Sewer DIFs to include the projects proposed additional units. Further, prior to the first final map developer shall agree not to protest the update of the Poggi and Salt Creek Sewer DIF. 22. Applicant shall agree to update the pedestrian bridge DIF to incorporate additional units or change in facility cost or location refinements facilities prior to approval of the first final map. Affordable Housing: 23. Prior to approval of the first final map for the project, the Developer shall enter into a Balanced Communities Affordable Housing Agreement, in compliance with applicable City and State of California regulations. If an existing Affordable Housing Agreement is already in place,Applicant shall adhere to the terms thereof. Grading: 24. Grading plans that include freestanding walls or sound walls adjacent to 2:1 or greater slopes more than 6 feet high shall include a minimum 2 ft. wide level bench for landscaping and maintenance access adjacent to the wall 25. Applicant whose property is adjacent to graded slopes where landscape and irrigation is required to be installed shall be responsible for that portion of the slope landscape and irrigation installation. 26. Prior to City acceptance of any landscaped areas, Applicant shall install permanent water meters in accordance with the approved landscape and irrigation plans to the satisfaction of the Development Services Director. 27. Prior to issuance of any grading permit, the Applicant shall ensure that all earthwork shall balance to the satisfaction of the development services director and the city engineer. (Land Development) 2014-11-04 Agenda Packet Page 277 Resolution No. Page 12 28. Prior to the issuance of any construction or grading permit which impacts off-site property, the Applicant shall deliver to the City, a notarized letter of permission to construct or grade and drain for all off-site grading. (Engineering) 29. Prior to issuance of any grading or construction permit based on plans proposing the creation of down slopes adjacent to public or private streets, Applicant shall obtain the City Engineer's approval of a study to determine the necessity of providing guardrail improvements at those locations. Applicant shall construct and secure any required guardrail improvements in conjunction with the associated construction permit as determined by and to the satisfaction of the City Engineer. The guardrail shall be installed per CalTrans Traffic Manual and Roadside Design Guide requirements and American Association of State Highway and Transportation Officials (AASHTO) standards to the satisfaction of the City Engineer. 30. Applicant shall ensure that all private lot drainage and slopes comply with the current building code used by the City of Chula Vista. 31. Prior to the first final map or grading permit for the Project, Applicant shall enter into an agreement to maintain and repair any erosion caused by the Project on any offsite property to the satisfaction of the Director of Development Services. Parks: 32. The Applicant shall offer for dedication, with the appropriate final maps, for public use, all the remaining park sites identified in the SPA plan and tentative maps that have not been previously offered for dedication (except the 0.3 acre located within R-4B(b) lot 2 which shall be offered for dedication, if necessary to meet parkland obligations, prior to approval of the final map for Neighborhood R-4B(b). 33. The Applicant shall remove all easements and encumbrances in the IOD areas of park sites in V2 prior to acceptance of parkland by the City. 34. Prior to City acceptance of parkland located in the City of San Diego's easement for the Otay II Pipeline, Applicant shall relocate the waterline from within Village Two to Olympic Parkway and La Media Road. No credits will be issued for parkland acquisition until the easement is removed and the land is unencumbered. Landscaping/Walls/Fences: 35. Applicant shall comply with Standard Conditions 31, 32, 34, 35, and 37. 36. Prior to approval of the grading plans for Ind-3, landscape plans depicting edge treatments of the proposed basins and any necessary walls or fencing shall be submitted for approval to the satisfaction of the Development Services Director. Preserve Open Space 2014-11-04 Agenda Packet Page 278 Resolution No. Page 13 37. Prior to the approval of the first final map for the SPA Plan, the applicant shall annex the project area within the Otay Ranch Preserve Community Facilities District No. 97-2. 38. Prior to recordation of each final map the applicant shall convey fee title to land within the Otay Ranch Preserve to the Otay Ranch Preserve Owner Manager or its designee at a ratio of 1.188 acres for each acre of development area, as defined in the Otay Ranch Resource Management Plan. Each tentative map shall be subject to a condition that the applicant shall execute a maintenance agreement with the Preserve Owner Manager stating that it is the responsibility of the applicant to maintain the conveyed parcel until the Otay Ranch Preserve Community Facilities District No. 97-2 has generated sufficient revenues to enable the Preserve Owner Manager to assume maintenance responsibilities. The applicant shall maintain and manage the offered conveyance property consistent with the Otay Ranch Resource Management Plan Phase 2 until the Otay Ranch Preserve Community Facilities District No. 97-2 has generated sufficient revenues to enable the Preserve Owner Manager to assume maintenance and management responsibilities. Other 39. Prior to construction of a Bus Rapid Transit or Rapid Bus transit station at the corner of La Media Road and State Street, Applicant shall coordinate with SANDAG, the Chula Vista Transit Coordinator and the Development Services Director for the design of such a facility. 40. Prior to issuance of the first building permit or other discretionary permits for mixed use, multi-family, or other non-residential developments within the project site, the Applicant shall comply with applicable provisions of Municipal Code Section 8.24 - Solid Waste and Litter, and Section 8.25 — Recycling, related to development projects, to the satisfaction of the Department of Public Works, Environmental Services Division. These requirements include,but are not limited to the following design requirements: a. The Applicant shall design mixed-use, multi-family, and commercial development projects to comply with the Recycling and Solid Waste Standards for central collection bin services. b. The Applicant shall design each single-family lot or residence to accommodate the storage and curbside pickup of individual trash, recycling and green waste containers (3 total), as approved for a small-quantity generator (single family residential use). B. The following on-going conditions shall apply to the Project Site as long as it relies on this approval: 1. Approval of this request shall not waive compliance with all sections of the Chula Vista Municipal Code, and all other applicable City Ordinances in effect at the time of building permit issuance. 2. The Property Owner and Applicant shall and do agree to indemnify, protect, defend and hold harmless City, its City Council members, officers, employees and representatives, 2014-11-04 Agenda Packet Page 279 Resolution No. Page 14 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 of this tentative map 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 Property Owner and Applicant shall acknowledge their agreement to this provision by executing a copy of this Tentative Subdivision Map 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. 3. All of the terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the Property. 4. The Applicant shall comply with all requirements and guidelines of the City of Chula Vista General Plan; the City's Growth Management Ordinance; Chula Vista Landscape Manual, Chula Design Plan; Otay Ranch General Development Plan, Otay Ranch Resource Management Plan, Phase 1 and Phase 2; Ranch Wide Affordable Housing Plan; Otay Ranch Overall Design Plan, Otay Ranch Village Two Sectional Planning Area (SPA) Plan and supporting documents including: Village Two Public Facilities Finance Plan and supplemental PFFP; Village Two Parks, Recreation, Open Space and Trails Plan; Village Two SPA Affordable Housing Plan and the Non-Renewable Energy Conservation Plan as amended from time to time, unless specifically modified by the appropriate department head,with the approval of the City Manager. These plans may be subject to minor modifications by the appropriate department head, with the approval of the City Manager, however, any material modifications shall be subject to approval by the City Council. 5. If any of the terms, covenants or conditions contained herein shall fail to occur or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted including issuance of building permits, deny, or further condition the subsequent approvals that are derived from the approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions; and/or seek damages for their violation. The applicant shall be notified 10 days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City. 6. Applicant shall indemnify, protect, defend and hold the City harmless from and against any and all claims, liabilities and costs, including attorney's fees, arising from challenges to the Supplemental Environmental Impact Report (SEIR-12-01) and subsequent environmental review for the Project and any or all entitlements and approvals issued by the City in connection with the Project. 7. The applicant shall comply with all applicable Village Two SPA conditions of approval, (PCM 12-18) as may be amended from time to time. 2014-11-04 Agenda Packet Page 280 Resolution No. Page 15 VI. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The Property Owner and Applicant shall execute this document signing on the lines provided below, indicating that the Property Owner and Applicant have each read, understood and agreed to the conditions contained herein, and will implement same. Upon execution, this document shall be recorded with the County Recorder of the County of San Diego, at the sole expense of the Property Owner and/or Applicant, and a signed, stamped copy returned to the City's Development Services Department. Failure to return the signed and stamped copy of this recorded document within 10 days of recordation shall indicate the Property Owner/Applicant's desire that the project, and the corresponding application for building permits and/or a business license,be held in abeyance without approval. Signature of Property Owner Date Signature of Applicant Date VII. CONFORMANCE WITH CITY SUBDIVISION MANUAL The City Council does hereby find that the Project is in conformance with the City of Chula Vista Subdivision Manual, Section 18.12 and the requirements of the Zoning Ordinance. VIII. 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 any one or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, this resolution, the map approved hereunder, and any permits issued in reliance hereon shall be deemed to be automatically revoked and of no further force and effect ab initio. BE IT FURTHER RESOLVED that the Chula Vista City Council does hereby approve Tentative Subdivision Map (CVT-12-02) subject to conditions listed above to subdivide seven (7) existing lots totaling approximately 40 acres into 51 single family lots, 28 multi-family, one (1) HOA open space lot, one (1) public park, and one (1) CPF lot; this Tentative Map covers a total of 88 residential units. Presented by: Approved as to form by: Kelly Broughton, FSALA Glen R. Googins Development Services Director City Attorney 2014-11-04 Agenda Packet Page 281 EXHIBIT "A" CVT 12 -02 p I \ NOS \a N \ PROJECT BOUNDARY ILI �G Q . \ �Q A 1 \ 1A � O 20 11-04 Agenda Packet / \ / Page 282 RESOLUTION NO. 2014- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A TENTATIVE SUBDIVISION MAP WITHIN OTAY RANCH VILLAGE 2 WEST—CHULA VISTA TRACT 12-03 L RECITALS 1. Project Site WHEREAS, the parcel, that is the subject matter of this resolution, is represented in Exhibit A. attached hereto and incorporated herein by this reference, and for the purpose of general description, is located in the northern portion of Otay Ranch Village 2 West Neighborhoods R-4b(a) and R-4b(b), Chula Vista ("Property"); and 2. Project; Applications for Discretionary Approval WHEREAS, on July 9, 2012, a duly verified application for a Tentative Subdivision Map (Chula Vista Tract (CVT) 12-03) was filed with the City of Chula Vista Development Services Department by Baldwin and Sons ("Applicant") to subdivide a 48.2-acre site within Otay Ranch Village 2 West, Neighborhoods R-4b(a) and R-4b(b), into 113 multi-family lots, one (1) public park, four (4) open space lots, and two(2) HOA lots; and 3. Environmental Determination WHEREAS, The Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project may have a significant effect on the environment as identified in previous FEIR 02-02; therefore, the City of Chula Vista has prepared a Supplemental Environmental Impact Report, SEIR-12-01/SCH 2003091012 pursuant to CEQA 15163.; and The City Council of the City of Chula Vista, having reviewed, analyzed, and considered the previously certified Final Environmental Impact Report (FEIR) as revised by the Final Supplemental Environmental Impact Report (FSEIR 12-01/SCH2O03091012) pursuant to the California Environmental Quality Act, made certain Findings of Fact and adopted a Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program for the GPA, GDPA, SPA Plan and associated Tentative Maps pursuant to CEQA, by Resolution No. 2014 - 4. Planning Commission Record on Application 2014-11-04 Agenda Packet Page 283 Resolution No. Page 2 WHEREAS, on October 8, 2014, the Director of Development Services set a hearing before the Planning Commission for the consideration of and recommendation on Tentative Subdivision Map. Notice of said hearing, together with its purpose, was given by both publication in a newspaper of general circulation in the City and 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, a hearing at the time and place as advertised, namely October 8, 2014, at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, was held before the Planning Commission and said hearing was thereafter closed; and WHEREAS, the Planning Commission reviewed and considered the Tentative Subdivision Map CVT 12-03; and WHEREAS, the Planning Commission after considering all evidence and testimony presented, the Planning Commission did not act on the resolution since the Planning made a motion that the City Council reject the project by not making certain findings of fact; not adopt a Statement of Overriding Considerations; not adopt a Mitigation Monitoring and Reporting Program and not Certify the Final Supplemental Environmental Impact Report (FSEIR 12- 01/SCH 2003091012) for amendments to the General Plan, Otay Ranch General Development Plan, Otay Ranch Villages Two, Three and a portion of Four Sectional Planning Area Plan, four associated Tentative Maps pursuant to the California Environmental Quality Act. This motion carried 5-1-0-; and 5. City Council Record on Application WHEREAS, a hearing time and place was set by the City Council of the City of Chula Vista for consideration of the Project and notice of said hearing, together with its purpose, was given by both publication in a newspaper of general circulation in the City and 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, on November 4, 2014 at 2:00 p.m. in the Council Chambers, 276 Fourth Avenue, the City Council of the City of Chula Vista held the duly noticed public hearing to consider said Project: said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find, determine, and resolve as follows: IL TENTATIVE SUBDIVISION MAP FINDINGS A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that the Tentative Subdivision Map, as conditioned herein, is in conformance with the elements of the City's General Plan, based on the following: 2014-11-04 Agenda Packet Page 284 Resolution No. Page 3 1. Land Use and Transportation The current General Plan land use designation for Neighborhood R-4b(a) is Residential Medium and for Neighborhood R-4b(b) is Residential High. The proposed project is consistent with these land use designation as all densities fall within the prescribed GP ranges for each of these categories. The current Otay Ranch GDP land use designation for Neighborhood R-4b(a) is Medium Density Residential (M) and for Neighborhood R-4b(b) is High Density Residential (H). The proposed project is consistent with these land use designation as all densities fall within the prescribed GDP ranges for each of these categories. The existing implementing zone in the Village 2 Planned Community District Regulations is Residential Multi Family 1 (RM1) for Neighborhood R-4b(a) and Residential Multi Family 2 (RM2) for Neighborhood R-4b(b). Both neighborhoods, as shown on the TM, are consistent with these designations. In total, this TM depicts 386 residential units. The subdivision design consists of 113 residential lots, four (4) open space lots, one (1) public park, and two (2) HOA lots. 111 of the multi-family lots will be small lot single family (each intended for a single detached product) that are categorized as multi-family due to their density. The final 2 multi-family lots create the R-4b(b) neighborhood which will allow up to 275 residential units. The proposed project furthers the policy objective for "Urban Villages" to have "higher densities and mixed uses in the village cores" and to"provide a wide range of residential housing opportunities...which promotes a blend of multi family and single-family housing styles and densities, integrated and compatible with other land uses in the area. " The proposed project would support Smart Growth Principles, as it provides compact development oriented to pedestrians, bicyclists and transit, and would further minimize urban sprawl development patterns. The proposed changes would also provide more land use diversity, increase pedestrian orientation and make commercial uses in Village 2 more viable. All off-site public streets required to serve the subdivision already exist or will be constructed or funded by the Applicant in accordance with the Supplemental PFFP and Conditions of Approval. The on-site public streets are designed in accordance with the City design standards and/or requirements and provides for vehicular and pedestrian connections. 2. Economic Development The proposed project results in an increase 1,562 residential units. There is a reduction of 70 typical single family lots and provision of a wider range of housing options and pricing for potential home-buyers in the current housing market. By adding these units, increased patronage to the nearby commercial and public/quasi- public uses can be anticipated to contribute to greater economic development within Village 2 and the City. 2014-11-04 Agenda Packet Page 285 Resolution No. Page 4 The Project allows for further development of detached small lot single-family homes and multi-family housing. The Project provides homebuyers the opportunity to purchase both attached and detached homes with greater affordability, reduced maintenance/utility costs, and less dependency on the automobile, a guiding principal of the Otay Ranch GDP. The proposed homes also provide further variation in housing opportunities available to Chula Vista residents, consistent with General Plan Objective ED 2. The proposed project also fosters economic development benefits at the community level by providing for increased housing densities within the same development footprint. These increased densities allow for infrastructure and municipal services to be provided at reduced cost per capita (more people served by the same municipal services). Additionally, with increased housing (and population) within the same development footprint, increased densities improve the viability of community serving commercial and public/quasi public uses as well as alternative transportation modes. As a result, the proposed project may serve as a catalyst for small and mid- sized industries and businesses and community serving and neighborhood uses, consistent with General Plan Objectives ED 3 and ED 9. 3. Public Facilities and Services The Project has been conditioned to ensure that all necessary public facilities and services will be available to serve the Project concurrent with the demand for those services. A Supplemental PFFP has been prepared to analyze the additional demand generated by 1,562 new units for public services and facilities, and the phasing needs created by the Project. A proj ect-level water quality technical report was completed for the proposed project. The water quality technical report outlines the means and methods for achieving the water quality treatment and hydromodification requirements of the City of Chula Vista. The recommendations of the report will be implemented through grading and improvement plans approved by the City Engineer. The proposed project would continue to comply with all applicable rules and regulations including compliance with NPDES permit requirements for urban runoff and storm water discharge. Best Management Practices (BMPs) for design, treatment and monitoring for storm water quality would be implemented as delineated in the Mitigated Negative Declaration with respect to municipal and construction permits. Compliance with all applicable rules and regulations governing water quality as well as implementation of all mitigation measures outlined in the Mitigated Negative Declaration and the water quality technical report would ensure no additional impacts to water quality. Project-specific analyses have been conducted relative to the project's potential sewer and water impacts. The proposed project would increase average projected water demands by 472,420 gallons per day (gpd). A Water Supply Assessment and 2014-11-04 Agenda Packet Page 286 Resolution No. Page 5 Verification Report analyzing these new demands was approved by the Otay Water District's Board of Directors on November 6, 2013. The proposed project adds 1,562 units to the Poggi and Salt Creek basins, which results in an increase of 248,730 gpd (938 EDU) to the Poggi Basin and 128,315 gpd (484 EDU) to the Salt Creek Basin. Two reaches of the Poggi Canyon Interceptor have already been identified for future replacement; the proposed project would require one additional reaches of the Poggi Canyon Interceptor to be upgraded in the future. Upon approval of the proposed project, the Development Impact Fee for the Poggi Basin would be updated to reflect the inclusion upsizing of P345 to P363 and to include these additional units. The new units do not result in any deficiencies in the Salt Creek Basin. 4. Environmental Element The proposed project has been reviewed in accordance with the requirements of CEQA. A Water Quality Technical Report, Traffic Impact Study, Noise Impact Report, Air Quality and Global Climate Change Evaluation, Sewer Service Technical Memo and Water Service Technical Memo have been prepared, reviewed and approved by the City. A Supplemental Environmental Impact Report (SEIR-12-01) has been prepared for the project in order to address the proposed addition of 1,562 units (inclusive of the subject 386 units associated with this Tentative Map) to the Village 2 SPA Plan. 5. Growth Management The proposed project would result in 1,562 additional dwelling units in Village 2. A Supplemental PFFP has been prepared which analyzes any potential impacts on public facilities and services, and identifies the facilities, phasing and timing triggers for the provision of facilities and services to serve the project, consistent with the City's Quality of Life Threshold Standards. A project-specific traffic study, the Traffic Impact Analysis Village 2 Comprehensive SPA Amendment, analyzes the impact of 1,562 additional units in Village 2. The traffic study concludes that the proposed project would generate a total of 13,840 external daily trips by buildout of the project, including 1,068 AM peak hour trips and 1,367 PM peak hour trips. Direct traffic impacts would occur at two intersections along Heritage Road; signalization would mitigate the intersection with Avenida De Las Vistas (in the City of San Diego) and the intersection with Olympic Parkway will be mitigated through payment of TDIF fees that will allow for the construction of Main Street and La Media Road. Additionally, the project would result in cumulative impacts to seven other intersections. Of these, all but one will be mitigated through signal and road improvements that are covered by the TDIF program (towards which the project will pay all appropriate fees). The final intersection, at I-805 SB ramps and Olympic Parkway, has no feasible mitigation and remains significant and unmitigable. 2014-11-04 Agenda Packet Page 287 Resolution No. Page 6 In terms of study area roadway segments, the proposed project would result in a direct traffic impact on Heritage Road between East Palomar Street and Olympic Parkway. This direct impact would be mitigated by payment of TDIF fees for the construction of Main Street between Heritage Road and La Media Road. Two other roadway segments would be cumulatively impacted by the proposed project. Olympic Parkway between Heritage Road and Santa Venetia Street would be mitigated through payment of TDIF fees toward construction of Main Street between Heritage Road and La Media Road. The other roadway segment, Orange Avenue between Melrose Avenue and I-805 SB Ramps, has no feasible mitigation and remains significant and unmitigable. In addition to roadway and intersection impacts, traffic generated by the proposed project would have a cumulative impact on I-805, from SR-94 to Telegraph Canyon Road. For this, there is no feasible mitigation available, and the impact would remain significant and unmitigable. The Project site is within the boundaries of the Chula Vista Elementary School District (CVESD). Based on Student Generation Factors from CVESD, the proposed 1,562-unit increase would result in roughly 539 additional elementary school students. A single elementary school was planned within the Village 2 core to serve the build-out population, but due to the increased student generation, the project proposes a second school in the expanded southern portion of the core. It is anticipated the entire Village 2 project will now generate approximately 1,517 students. CVESD sizes elementary schools to accommodate between 750 and 1,000 students; therefore, the new students would not result in inadequate school facilities. The CVESD will determine which elementary school students generated by the project will attend on an interim basis. The Project is also within the attendance area of Olympian High School, within the Sweetwater Union High School District (SUHSD). It is anticipated that approximately 123 middle school and 344 high school students are generated by the Village 2 SPA Amendment project. The project site is within the boundaries of established Communities Facilities Districts for both CVESD (CVESD CFD 17) and SUHSD (SUHSD CFD 17). As such, the Applicant will mitigate impacts on secondary and elementary school facilities through participation in CVESD and SUHSD CFDs. 6. Open Space and Conservation The proposed project meets the minimum open space requirement per the Village 2 SPA Plan and Planned Community District Regulations. The project generates a demand for an additional 12.16 acres of park land. This obligation will be met through the Applicant's dedication of parkland. To achieve this, two new public parks have been created and two within the existing plan have been expanded. 2014-11-04 Agenda Packet Page 288 Resolution No. Page 7 As part of the Villages 2 SPA Plan, 109 acres of open space was required to be provided to meet Otay Ranch GDP threshold. The Village 2 SPA Plan provided approximately 203.5 acres of on-site open space. The proposed project would increase the open space demand to 176.7 acres. The 181.2 acres provided in the village exceeds the Otay Ranch GDP open space requirement. In addition, the Otay Ranch Resource Management Plan requires conveyance of 1.188 acres of preserve land for every acre of non-common development area. Applicant will be responsible for satisfying this requirement concurrently with the processing of the final maps. Because the amendment is over areas of previously planned development, the total dedication required does not change much from the original project. The Applicant has existing "credits" which were previously dedicated to the Otay Ranch Preserve Owner/Manager which will be used to partially satisfy this obligation. The proposed landform grading conforms to the City's grading Ordinance and retains regional and natural open space features. The development of the site is consistent with the goals and policies of the Conservation Element. B. Pursuant to Government Code Section 66473.1 of the Subdivision Map Act, the configuration, orientation, and topography of the site allow for the optimum siting of lots for natural and passive heating and cooling opportunities. The development of the site will be subject to site plan and architectural review to ensure the maximum utilization of natural and passive heating and cooling opportunities. C. Pursuant to Government Code Section 66412.3 of the Subdivision Map Act, the Council certifies that it has considered the effect of this approval on the housing needs of the region and has balanced those needs against the public service needs of the residents of the City and the available fiscal and environmental resources. D. The site is physically suited for residential development, because it is generally level and is located adjacent to existing residential developments. The Project conforms to all standards established by the City for a residential development. E. The conditions herein imposed on the grant of permit or other entitlement herein contained is approximately proportional both in nature and extent to the impact created by the proposed development. III. GOVERNMENT CODE SECTION 66020 NOTICE Pursuant to Government Code Section 66020(d)(1), NOTICE IS HEREBY GIVEN that the 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, set aside, void or annual imposition. The right to protest the fees, dedications, reservations, or other exactions does not apply to 2014-11-04 Agenda Packet Page 289 Resolution No. Page 8 planning, zoning, grading, or other similar application processing fees or service fees in connection with the 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. BE IT FURTHER RESOLVED that the City Council does hereby approve the Project subject to the general and special conditions set forth below. IV. TENTATIVE MAP GENERAL CONDITIONS OF APPROVAL Unless otherwise specified or required by law: (a) the conditions and Code requirements set forth below shall be completed prior to the related Final Map as determined by the Development Services Director and the City Engineer, unless otherwise specified, "dedicate" means grant the appropriate easement, rather than fee title. Where an easement is required the Applicant shall be required to provide subordination of any prior lien and easement holders in order to ensure that the City has a first priority interest and rights in such land unless otherwise excused by the City. Where fee title is granted or dedicated to the City, said fee title shall be free and clear of all encumbrances,unless otherwise excused by the City. Should conflicting wording or standards occur between these conditions of approval, any conflict shall be resolved by the City Manager or designee. GENERAL/PLANNING AND BUILDING 1. The Applicant, or his/her successors in interest, shall improve the Project Site with the Project as described in the Tentative Subdivision Map, Chula Vista Tract No. 12-02, 12- 03, 12-04, and 12-05 generally located south of the existing Olympic Parkway and west of La Media Road. 2. The Project shall comply with approved General Plan Amendment GPA-12-04 and General Development Plan Amendment PCM-12-17, the Sectional Planning Area (SPA) Plan PCM-12-18, approved , 2014, and all supporting documents including but not limited to Public Facilities Finance Plan, Parks, Recreation, Open Space and Trails Plan, Affordable Housing Plan and Non-Renewable Energy Conservation Plan, Air Quality Improvement Plan, Water Conservation Plan Fire Protection Plan and the City of Chula Vista Standard Tentative Map Conditions, as attached hereto and incorporated herein. 3. Prior to the issuance of the 60th residential building permit for Neighborhood R-20, the Applicant shall commence construction on the CPF-2 park site, to the satisfaction of the Development Services Director. 4. Applicant shall pay in full any unpaid balance for the Project, including Deposit Account No. DQ 1696. 5. The Applicant shall implement, to the satisfaction of the Development Services Director and the City Engineer, the mitigation measures identified in the Supplemental Environmental Impact Report (CV SEIR 12-01) for Amendments to the Chula Vista General Plan (GPA 12-04) and Otay Ranch General Development Plan (PCM-12-17) and 2014-11-04 Agenda Packet Page 290 Resolution No. Page 9 associated Mitigation Monitoring and Reporting Program (MMRP) for the Project; and the Otay Ranch Sectional Planning Area (PCM-12-18) Environmental Impact Report (CV SEIR 12-01) and associated Mitigation Monitoring and Reporting Program (MMRP) for the Project, within the timeframe specified in the MMRP. 6. The CC&R's for each HOA within the project shall contain a provision that provides all new residents with an overflight disclosure document that discloses the following information during any real estate transaction or prior to lease signing, as required by the Brown Field ALUCP: NOTICE OF AIRPORT VICINITY: This property is presently located in the vicinity of an airport, within what is known as an airport influence area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (for example: noise, vibration, or odors). Individual sensitivities to those annoyances can vary from person to person. You may wish to consider what airport annoyances, if any, are associated with the property before you complete your purchase or lease and determine whether they are acceptable to you. A copy of this disclosure document shall be recorded with the City of Chula Vista as part of project approval. Each prospective homeowner shall sign the disclosure document confirming they have been informed of the vicinity of the airport prior to the purchase of a home. 7. The Applicant shall obtain approval of a subsequent Final Map showing condominium ownership prior to development of condominiums within any Planning Area proposing mixed residential/commercial or multi-family residential uses. 8. The Applicant shall construct public facilities in compliance with the Otay Ranch Village 2 Comprehensive SPA Public Facilities Finance Plan (as amended from time to time) as specified in the Threshold Compliance and Recommendations Section for each public facility chapter. At the applicant's request, the City Engineer and Development Services Director may, at their discretion, modify the sequence, schedule, alignment and design of improvement construction should conditions change to warrant such a revision. 9. Prior to the first final map, the applicant will enter into an agreement to provide funding for periods where project expenditures exceed projected revenues in compliance with CVMC 19.09.060(J). 10. The Applicant shall dedicate, with the applicable final map, for public use all the public streets shown on the tentative map within the subdivision boundary. The applicant shall construct or enter into an agreement to construct and secure all street and intersection improvements as necessary to mitigate the impacts of the Project and as specified in Otay Ranch Village 2 SPA Plan Supplemental Public Facilities Finance Plan Table B.5 "Phasing Summary" and Table C.6 "Project Frontage & Access". The Applicant shall construct the public improvements and provide security satisfactory to the City Engineer and City Attorney. 2014-11-04 Agenda Packet Page 291 Resolution No. Page 10 11. Prior to approval of any final map showing public or private streets, the Applicant shall obtain approval of street names to the satisfaction of the Development Services Director and City Engineer. 12. In accordance with Standard Tentative Map Condition 40: The applicant shall notify the City at least 60 days prior to consideration of the first map by the City if any of-site right- of-way or any interest in real property needed to construct or install offsite improvements cannot be obtained as required by the Conditions of Approval. After said notification, the developer shall comply with the requirements set forth in Standard Condition 40. 13. Prior to approval of the first Final Map for the Project, the Applicant(s) shall provide an approved amendment to the Subarea Water Master Plan (SAMP) by the Otay Water District. The SAMP will provide more detailed information on the project such as project phasing; pump station and reservoir capacity requirements, and extensive computer modeling to justify recommended pipe sizes. (Engineering, Planning). 14. Prior to approval of each Final "B" Map, present verification to the City Engineer in the form of a letter from Otay Water District that the subdivision will be provided adequate water service and long-term water storage facilities. (Engineering, Planning) 15. Prior to approval of each Final Map or Grading Plan for the Project, the Engineer-of- Work shall submit and obtain approval by the City Engineer a waiver request for all subdivision design items not specifically waived on the Tentative Map, and not conforming to adopted City standards. The Engineer-of-work request shall outline the requested subdivision design deviations from adopted City standards and state that in his/her professional opinion, no safety issues will be compromised. The waiver is subject to approval by the City Engineer in the City Engineer's sole discretion. (Engineering) 16. Prior to approval of any construction permit, Applicant shall ensure that all emergency access roads are designed with a Traffic Index of 5 and constructed out of concrete or as approved by the City Engineer. (Engineering) Public Facilities: 17. Prior to approval of the Final Map that contains the public transit facilities, the Developer shall provide a deposit in the amount of$20,000 for each transit stop payable to the City of Chula Vista for a Capital Improvement Project for future transit improvements, or enter into an agreement to construct future transit improvements to the satisfaction of the Chula Vista Transit Coordinator and MTS. 18. Prior to issuance of any building permit for a residential unit located within the City of San Diego's easement for the Otay II Pipeline, Applicant shall relocate the waterline from within Village Two to Olympic Parkway and La Media Road. 19. Prior to the approval of the first Final Map for the Project, the Developer shall provide an agreement to the satisfaction of the Development Services Director stating that the 2014-11-04 Agenda Packet Page 292 Resolution No. Page 11 Applicant will not protest the formation of a reimbursement district to finance the construction of Heritage Road for its prorate share of the road as determined by the Development Services Director. 20. Prior to each final map developer shall either demonstrate that Poggi Sewer has adequate capacity or upsize the inadequate segment, all to the satisfaction of the Director of Development Services. 21. Prior to the first final map, Developer shall fund the updates of the Poggi Canyon and Salt Creek Sewer DIFs to include the projects proposed additional units. Further, prior to the first final map developer shall agree not to protest the update of the Poggi and Salt Creek Sewer DIF. 22. Applicant shall agree to update the pedestrian bridge DIF to incorporate additional units or change in facility cost or location refinements facilities prior to approval of the first final map. Affordable Housing: 23. Prior to approval of the first final map for the project, the Developer shall enter into a Balanced Communities Affordable Housing Agreement, in compliance with applicable City and State of California regulations. If an existing Affordable Housing Agreement is already in place, Applicant shall adhere to the terms thereof. Grading: 24. Grading plans that include freestanding walls or sound walls adjacent to 2:1 or greater slopes more than 6 feet high shall include a minimum 2 ft. wide level bench for landscaping and maintenance access adjacent to the wall 25. Applicant whose property is adjacent to graded slopes where landscape and irrigation is required to be installed shall be responsible for that portion of the slope landscape and irrigation installation. 26. Prior to City acceptance of any landscaped areas, Applicant shall install permanent water meters in accordance with the approved landscape and irrigation plans to the satisfaction of the Development Services Director. 27. Prior to issuance of any grading permit, the Applicant shall ensure that all earthwork shall balance to the satisfaction of the development services director and the city engineer. (Land Development) 28. Prior to the issuance of any construction or grading permit which impacts off-site property, the Applicant shall deliver to the City, a notarized letter of permission to construct or grade and drain for all off-site grading. (Engineering) 2014-11-04 Agenda Packet Page 293 Resolution No. Page 12 29. Prior to issuance of any grading or construction permit based on plans proposing the creation of down slopes adjacent to public or private streets, Applicant shall obtain the City Engineer's approval of a study to determine the necessity of providing guardrail improvements at those locations. Applicant shall construct and secure any required guardrail improvements in conjunction with the associated construction permit as determined by and to the satisfaction of the City Engineer. The guardrail shall be installed per CalTrans Traffic Manual and Roadside Design Guide requirements and American Association of State Highway and Transportation Officials (AASHTO) standards to the satisfaction of the City Engineer. 30. Applicant shall ensure that all private lot drainage and slopes comply with the current building code used by the City of Chula Vista. 31. Prior to the first final map or grading permit for the Project, Applicant shall enter into an agreement to maintain and repair any erosion caused by the Project on any offsite property to the satisfaction of the Director of Development Services Parks: 32. The Applicant shall offer for dedication, with the appropriate final maps, for public use, all the remaining park sites identified in the SPA plan and tentative maps that have not been previously offered for dedication (except the 0.3 acre located within R-4B(b) lot 2 which shall be offered for dedication, if necessary to meet parkland obligations, prior to approval of the final map for Neighborhood R-4B(b). 33. The Applicant shall remove all easements and encumbrances in the IOD areas of park sites in V2 prior to acceptance of parkland by the City. 34. Prior to City acceptance of parkland located in the City of San Diego's easement for the Otay II Pipeline, Applicant shall relocate the waterline from within Village Two to Olympic Parkway and La Media Road. No credits will be issued for parkland acquisition until the easement is removed and the land is unencumbered. Landscaping/Walls/Fences: 35. Applicant shall comply with Standard Conditions 31, 32, 34, 35, and 37. 36. Prior to approval of the grading plans for Ind-3, landscape plans depicting edge treatments of the proposed basins and any necessary walls or fencing shall be submitted for approval to the satisfaction of the Development Services Director. Preserve Open Space 37. Prior to the approval of the first final map for the SPA Plan, the applicant shall annex the project area within the Otay Ranch Preserve Community Facilities District No. 97-2. 2014-11-04 Agenda Packet Page 294 Resolution No. Page 13 38. Prior to recordation of each final map the applicant shall convey fee title to land within the Otay Ranch Preserve to the Otay Ranch Preserve Owner Manager or its designee at a ratio of 1.188 acres for each acre of development area, as defined in the Otay Ranch Resource Management Plan. Each tentative map shall be subject to a condition that the applicant shall execute a maintenance agreement with the Preserve Owner Manager stating that it is the responsibility of the applicant to maintain the conveyed parcel until the Otay Ranch Preserve Community Facilities District No. 97-2 has generated sufficient revenues to enable the Preserve Owner Manager to assume maintenance responsibilities. The applicant shall maintain and manage the offered conveyance property consistent with the Otay Ranch Resource Management Plan Phase 2 until the Otay Ranch Preserve Community Facilities District No. 97-2 has generated sufficient revenues to enable the Preserve Owner Manager to assume maintenance and management responsibilities. Other 39. Prior to construction of a Bus Rapid Transit or Rapid Bus transit station at the corner of La Media Road and State Street, Applicant shall coordinate with SANDAG, the Chula Vista Transit Coordinator and the Development Services Director for the design of such a facility. 40. Prior to issuance of the first building permit or other discretionary permits for mixed use, multi-family, or other non-residential developments within the project site, the Applicant shall comply with applicable provisions of Municipal Code Section 8.24 - Solid Waste and Litter, and Section 8.25 — Recycling, related to development projects, to the satisfaction of the Department of Public Works, Environmental Services Division. These requirements include,but are not limited to the following design requirements: a. The Applicant shall design mixed-use, multi-family, and commercial development projects to comply with the Recycling and Solid Waste Standards for central collection bin services. b. The Applicant shall design each single-family lot or residence to accommodate the storage and curbside pickup of individual trash, recycling and green waste containers (3 total), as approved for a small-quantity generator (single family residential use). B. The following on-going conditions shall apply to the Project Site as long as it relies on this approval: 1. Approval of this request shall not waive compliance with all sections of the Chula Vista Municipal Code, and all other applicable City Ordinances in effect at the time of building permit issuance. 2. The Property Owner and Applicant 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 of this tentative map and (b) City's approval or issuance of any other permit or action, whether discretionary or non- 2014-11-04 Agenda Packet Page 295 Resolution No. Page 14 discretionary, in connection with the use contemplated on the Project Site. The Property Owner and Applicant shall acknowledge their agreement to this provision by executing a copy of this Tentative Subdivision Map 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. 3. All of the terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the Property. 4. The Applicant shall comply with all requirements and guidelines of the City of Chula Vista General Plan; the City's Growth Management Ordinance; Chula Vista Landscape Manual, Chula Design Plan; Otay Ranch General Development Plan, Otay Ranch Resource Management Plan, Phase 1 and Phase 2; Ranch Wide Affordable Housing Plan; Otay Ranch Overall Design Plan; Otay Ranch Village Two Sectional Planning Area (SPA) Plan and supporting documents including: Village Two Public Facilities Finance Plan and supplemental PFFP; Village Two Parks, Recreation, Open Space and Trails Plan; Village Two SPA Affordable Housing Plan and the Non-Renewable Energy Conservation Plan as amended from time to time, unless specifically modified by the appropriate department head,with the approval of the City Manager. These plans may be subject to minor modifications by the appropriate department head, with the approval of the City Manager, however, any material modifications shall be subject to approval by the City Council. 5. If any of the terms, covenants or conditions contained herein shall fail to occur or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted including issuance of building permits, deny, or further condition the subsequent approvals that are derived from the approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions; and/or seek damages for their violation. The applicant shall be notified 10 days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City. 6. Applicant shall indemnify, protect, defend and hold the City harmless from and against any and all claims, liabilities and costs, including attorney's fees, arising from challenges to the Supplemental Environmental Impact Report (SEIR-12-01) and subsequent environmental review for the Project and any or all entitlements and approvals issued by the City in connection with the Project. 7. The applicant shall comply with all applicable Village Two SPA conditions of approval, (PCM 12-18) as may be amended from time to time. VI. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The Property Owner and Applicant shall execute this document signing on the lines provided below, indicating that the Property Owner and Applicant have each read, understood and agreed to the conditions contained herein, and will implement same. Upon 2014-11-04 Agenda Packet Page 296 Resolution No. Page 15 execution, this document shall be recorded with the County Recorder of the County of San Diego, at the sole expense of the Property Owner and/or Applicant, and a signed, stamped copy returned to the City's Development Services Department. Failure to return the signed and stamped copy of this recorded document within 10 days of recordation shall indicate the Property Owner/Applicant's desire that the project, and the corresponding application for building permits and/or a business license,be held in abeyance without approval. Signature of Property Owner Date Signature of Applicant Date VII. CONFORMANCE WITH CITY SUBDIVISION MANUAL The City Council does hereby find that the Project is in conformance with the City of Chula Vista Subdivision Manual, Section 18.12 and the requirements of the Zoning Ordinance. VIII. 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 any one or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, this resolution, the map approved hereunder, and any permits issued in reliance hereon shall be deemed to be automatically revoked and of no further force and effect ab initio. BE IT FURTHER RESOLVED that the Chula Vista City Council does hereby approve Tentative Subdivision Map (CVT-12-03) subject to conditions listed above to subdivide one (1) 48.2 acre lot into 113 multi-family lots, one (1) public park, four (4) open space lots, and two (2) HOA lots; the Tentative Map covers a total of 386 residential units. Presented by: Approved as to form by: Kelly Broughton, FSALA Glen R. Googins Development Services Director City Attorney 2014-11-04 Agenda Packet Page 297 EXHIBIT "A" CVT 12 -03 PROJECT BOUNDARY °s- ' I I o I / cONCO.NVP`�V '(EPS;�cl � I — � cT I \ -6a ( a) Lij 2014-11-04 Agenda Packet �. Page 298 RESOLUTION NO. 2014- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A TENTATIVE SUBDIVISION MAP WITHIN OTAY RANCH VILLAGE 2 — CHULA VISTA TRACT 12-04 L RECITALS 1. Project Site WHEREAS, the parcel, that is the subject matter of this resolution, is represented in Exhibit A. attached hereto and incorporated herein by this reference, and for the purpose of general description, is located in the northern portion of Otay Ranch Village 2 Neighborhoods R-15b and R-3 I Chula Vista("Property"); and 2. Project; Applications for Discretionary Approval WHEREAS, on July 9, 2012, a duly verified application for a Tentative Subdivision Map (Chula Vista Tract (CVT) 12-04) was filed with the City of Chula Vista Development Services Department by Baldwin and Sons ("Applicant") to subdivide a .81-acre site within Otay Ranch Village 2, Neighborhoods R-15b and R-31 into six (6) single-family lots and twenty-five (25) multi-family units on one lot; and 3. Environmental Determination WHEREAS, The Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project may have a significant effect on the environment as identified in previous FEIR 02-02; therefore, the City of Chula Vista has prepared a Supplemental Environmental Impact Report, SEIR-12-01/SCH 2003091012 pursuant to CEQA 15163.; and The City Council of the City of Chula Vista, having reviewed, analyzed, and considered the previously certified Final Environmental Impact Report (FEIR) as revised by the Final Supplemental Environmental Impact Report (FSEIR 12-01/SCH2O03091012) pursuant to the California Environmental Quality Act, made certain Findings of Fact and adopted a Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program for the GPA, GDPA, SPA Plan and associated Tentative Maps pursuant to CEQA, by Resolution No. 2014 - 4. Planning Commission Record on Application 2014-11-04 Agenda Packet Page 299 Resolution No. Page 2 WHEREAS, on October 8, 2014, the Director of Development Services set a hearing before the Planning Commission for the consideration of and recommendation on Tentative Subdivision Map. Notice of said hearing, together with its purpose, was given by both publication in a newspaper of general circulation in the City and 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, a hearing at the time and place as advertised, namely October 8, 2014, at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, was held before the Planning Commission and said hearing was thereafter closed; and WHEREAS, the Planning Commission reviewed and considered the Tentative Subdivision Map CVT 12-04; and WHEREAS, the Planning Commission after considering all evidence and testimony presented, the Planning Commission did not act on the resolution since the Planning made a motion that the City Council reject the project by not making certain findings of fact; not adopt a Statement of Overriding Considerations; not adopt a Mitigation Monitoring and Reporting Program and not Certify the Final Supplemental Environmental Impact Report (FSEIR 12- 01/SCH 2003091012) for amendments to the General Plan, Otay Ranch General Development Plan, Otay Ranch Villages Two, Three and a portion of Four Sectional Planning Area Plan, four associated Tentative Maps pursuant to the California Environmental Quality Act. This motion carried 5-1-0-; and 5. City Council Record on Application WHEREAS, a hearing time and place was set by the City Council of the City of Chula Vista for consideration of the Project and notice of said hearing, together with its purpose, was given by both publication in a newspaper of general circulation in the City and 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, on November 4, 2014 at 2:00 p.m. in the Council Chambers, 276 Fourth Avenue, the City Council of the City of Chula Vista held the duly noticed public hearing to consider said Project: said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find, determine, and resolve as follows: IL TENTATIVE SUBDIVISION MAP FINDINGS A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that the Tentative Subdivision Map, as conditioned herein, is in conformance with the elements of the City's General Plan, based on the following: 2014-11-04 Agenda Packet Page 300 Resolution No. Page 3 1. Land Use and Transportation The current General Plan land use designation for Neighborhood R-15b is Residential Low Medium and for Neighborhood R-31 is Mixed Use Residential. The proposed project is consistent with these land use designation as all densities fall within the prescribed GP ranges for each of these categories. The current Otay Ranch GDP land use designation for Neighborhood R-15b is Low Medium Village Density Residential (LMV) and for Neighborhood R-31 is High Density Residential (H). The proposed project is consistent with these land use designation as all densities fall within the prescribed GDP ranges for each of these categories. The existing implementing zone in the Village 2 Planned Community District Regulations is Single Family 4 (SF4) for Neighborhood R-15b and Residential Multi Family 2 (RM2) for Neighborhood R-31. All neighborhoods, as shown on the TM, are consistent with these designations. In total, this TM depicts 31 residential units. The subdivision design consists of 7 residential lots. Six (6) of the lots will be single family and range from 5,270 sf to 6,083 sf in size. The multi-family lot is 1.1 acres in size and will allow up to 25 residential units. The proposed project furthers the policy objective for "Urban Villages" to have "higher densities and mixed uses in the village cores" and to "provide a wide range of residential housing opportunities...which promotes a blend of multi family and single-family housing styles and densities, integrated and compatible with other land uses in the area. " The proposed project would support Smart Growth Principles, as it provides compact development oriented to pedestrians, bicyclists and transit, and would further minimize urban sprawl development patterns. The proposed changes would also provide more land use diversity, increase pedestrian orientation and make commercial uses in Village 2 more viable. All off-site public streets required to serve the subdivision already exist or will be constructed or funded by the Applicant in accordance with the Supplemental PFFP and Conditions of Approval. The on-site public streets are designed in accordance with the City design standards and/or requirements and provides for vehicular and pedestrian connections. 2. Economic Development The proposed project results in an increase 1,562 residential units. There is a reduction of 70 typical single family lots and provision of a wider range of housing options and pricing for potential home-buyers in the current housing market. By adding these units, increased patronage to the nearby commercial and public/quasi- public uses can be anticipated to contribute to greater economic development within Village 2 and the City. 2014-11-04 Agenda Packet Page 301 Resolution No. Page 4 The Project allows for further development of detached small lot single-family homes and multi-family housing. The Project provides homebuyers the opportunity to purchase both attached and detached homes with greater affordability, reduced maintenance/utility costs, and less dependency on the automobile, a guiding principal of the Otay Ranch GDP. The proposed homes also provide further variation in housing opportunities available to Chula Vista residents, consistent with General Plan Objective ED 2. The proposed project also fosters economic development benefits at the community level by providing for increased housing densities within the same development footprint. These increased densities allow for infrastructure and municipal services to be provided at reduced cost per capita (more people served by the same municipal services). Additionally, with increased housing (and population) within the same development footprint, increased densities improve the viability of community serving commercial and public/quasi public uses as well as alternative transportation modes. As a result, the proposed project may serve as a catalyst for small and mid- sized industries and businesses and community serving and neighborhood uses, consistent with General Plan Objectives ED 3 and ED 9. 3. Public Facilities and Services The Project has been conditioned to ensure that all necessary public facilities and services will be available to serve the Project concurrent with the demand for those services. A Supplemental PFFP has been prepared to analyze the additional demand generated by 1,562 new units for public services and facilities, and the phasing needs created by the Project. A proj ect-level water quality technical report was completed for the proposed project. The water quality technical report outlines the means and methods for achieving the water quality treatment and hydromodification requirements of the City of Chula Vista. The recommendations of the report will be implemented through grading and improvement plans approved by the City Engineer. The proposed project would continue to comply with all applicable rules and regulations including compliance with NPDES permit requirements for urban runoff and storm water discharge. Best Management Practices (BMPs) for design, treatment and monitoring for storm water quality would be implemented as delineated in the Mitigated Negative Declaration with respect to municipal and construction permits. Compliance with all applicable rules and regulations governing water quality as well as implementation of all mitigation measures outlined in the Mitigated Negative Declaration and the water quality technical report would ensure no additional impacts to water quality. Project-specific analyses have been conducted relative to the project's potential sewer and water impacts. The proposed project would increase average projected water demands by 472,420 gallons per day (gpd). A Water Supply Assessment and 2014-11-04 Agenda Packet Page 302 Resolution No. Page 5 Verification Report analyzing these new demands was approved by the Otay Water District's Board of Directors on November 6, 2013. The proposed project adds 1,562 units to the Poggi and Salt Creek basins, which results in an increase of 248,730 gpd (938 EDU) to the Poggi Basin and 128,315 gpd (484 EDU) to the Salt Creek Basin. Two reaches of the Poggi Canyon Interceptor have already been identified for future replacement; the proposed project would require one additional reaches of the Poggi Canyon Interceptor to be upgraded in the future. Upon approval of the proposed project, the Development Impact Fee for the Poggi Basin would be updated to reflect the inclusion upsizing of P345 to P363 and to include these additional units. The new units do not result in any deficiencies in the Salt Creek Basin. 4. Environmental Element The proposed project has been reviewed in accordance with the requirements of CEQA. A Water Quality Technical Report, Traffic Impact Study, Noise Impact Report, Air Quality and Global Climate Change Evaluation, Sewer Service Technical Memo and Water Service Technical Memo have been prepared, reviewed and approved by the City. A Supplemental Environmental Impact Report (SEIR-12-01) has been prepared for the project in order to address the proposed addition of 1,562 units (inclusive of the subject 31 units associated with this Tentative Map) to the Village 2 SPA Plan. 5. Growth Management The proposed project would result in 1,562 additional dwelling units in Village 2. A Supplemental PFFP has been prepared which analyzes any potential impacts on public facilities and services, and identifies the facilities, phasing and timing triggers for the provision of facilities and services to serve the project, consistent with the City's Quality of Life Threshold Standards. A project-specific traffic study, the Traffic Impact Analysis Village 2 Comprehensive SPA Amendment, analyzes the impact of 1,562 additional units in Village 2. The traffic study concludes that the proposed project would generate a total of 13,840 external daily trips by buildout of the project, including 1,068 AM peak hour trips and 1,367 PM peak hour trips. Direct traffic impacts would occur at two intersections along Heritage Road; signalization would mitigate the intersection with Avenida De Las Vistas (in the City of San Diego) and the intersection with Olympic Parkway will be mitigated through payment of TDIF fees that will allow for the construction of Main Street and La Media Road. Additionally, the project would result in cumulative impacts to seven other intersections. Of these, all but one will be mitigated through signal and road improvements that are covered by the TDIF program (towards which the project will pay all appropriate fees). The final intersection, at I-805 SB ramps and Olympic Parkway, has no feasible mitigation and remains significant and unmitigable. 2014-11-04 Agenda Packet Page 303 Resolution No. Page 6 In terms of study area roadway segments, the proposed project would result in a direct traffic impact on Heritage Road between East Palomar Street and Olympic Parkway. This direct impact would be mitigated by payment of TDIF fees for the construction of Main Street between Heritage Road and La Media Road. Two other roadway segments would be cumulatively impacted by the proposed project. Olympic Parkway between Heritage Road and Santa Venetia Street would be mitigated through payment of TDIF fees toward construction of Main Street between Heritage Road and La Media Road. The other roadway segment, Orange Avenue between Melrose Avenue and I-805 SB Ramps, has no feasible mitigation and remains significant and unmitigable. In addition to roadway and intersection impacts, traffic generated by the proposed project would have a cumulative impact on I-805, from SR-94 to Telegraph Canyon Road. For this, there is no feasible mitigation available, and the impact would remain significant and unmitigable. The Project site is within the boundaries of the Chula Vista Elementary School District (CVESD). Based on Student Generation Factors from CVESD, the proposed 1,562-unit increase would result in roughly 539 additional elementary school students. A single elementary school was planned within the Village 2 core to serve the build-out population, but due to the increased student generation, the project proposes a second school in the expanded southern portion of the core. It is anticipated the entire Village 2 project will now generate approximately 1,517 students. CVESD sizes elementary schools to accommodate between 750 and 1,000 students; therefore, the new students would not result in inadequate school facilities. The CVESD will determine which elementary school students generated by the project will attend on an interim basis. The Project is also within the attendance area of Olympian High School, within the Sweetwater Union High School District (SUHSD). It is anticipated that approximately 123 middle school and 344 high school students are generated by the Village 2 SPA Amendment project. The project site is within the boundaries of established Communities Facilities Districts for both CVESD (CVESD CFD 17) and SUHSD (SUHSD CFD 17). As such, the Applicant will mitigate impacts on secondary and elementary school facilities through participation in CVESD and SUHSD CFDs. 6. Open Space and Conservation The proposed project meets the minimum open space requirement per the Village 2 SPA Plan and Planned Community District Regulations. The project generates a demand for an additional 12.16 acres of park land. This obligation will be met through the Applicant's dedication of parkland. To achieve this, two new public parks have been created and two within the existing plan have been expanded. 2014-11-04 Agenda Packet Page 304 Resolution No. Page 7 As part of the Villages 2 SPA Plan, 109 acres of open space was required to be provided to meet Otay Ranch GDP threshold. The Village 2 SPA Plan provided approximately 203.5 acres of on-site open space. The proposed project would increase the open space demand to 176.7 acres. The 181.2 acres provided in the village exceeds the Otay Ranch GDP open space requirement. In addition, the Otay Ranch Resource Management Plan requires conveyance of 1.188 acres of preserve land for every acre of non-common development area. Applicant will be responsible for satisfying this requirement concurrently with the processing of the final maps. Because the amendment is over areas of previously planned development, the total dedication required does not change much from the original project. The Applicant has existing "credits" which were previously dedicated to the Otay Ranch Preserve Owner/Manager which will be used to partially satisfy this obligation. The proposed landform grading conforms to the City's grading Ordinance and retains regional and natural open space features. The development of the site is consistent with the goals and policies of the Conservation Element. B. Pursuant to Government Code Section 66473.1 of the Subdivision Map Act, the configuration, orientation, and topography of the site allow for the optimum siting of lots for natural and passive heating and cooling opportunities. The development of the site will be subject to site plan and architectural review to ensure the maximum utilization of natural and passive heating and cooling opportunities. C. Pursuant to Government Code Section 66412.3 of the Subdivision Map Act, the Council certifies that it has considered the effect of this approval on the housing needs of the region and has balanced those needs against the public service needs of the residents of the City and the available fiscal and environmental resources. D. The site is physically suited for residential development, because it is generally level and is located adjacent to existing residential developments. The Project conforms to all standards established by the City for a residential development. E. The conditions herein imposed on the grant of permit or other entitlement herein contained is approximately proportional both in nature and extent to the impact created by the proposed development. III. GOVERNMENT CODE SECTION 66020 NOTICE Pursuant to Government Code Section 66020(d)(1), NOTICE IS HEREBY GIVEN that the 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, set aside, void or annual imposition. The right to protest the fees, dedications, reservations, or other exactions does not apply to 2014-11-04 Agenda Packet Page 305 Resolution No. Page 8 planning, zoning, grading, or other similar application processing fees or service fees in connection with the 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. BE IT FURTHER RESOLVED that the City Council does hereby approve the Project subject to the general and special conditions set forth below. IV. TENTATIVE MAP GENERAL CONDITIONS OF APPROVAL Unless otherwise specified or required by law: (a) the conditions and Code requirements set forth below shall be completed prior to the related Final Map as determined by the Development Services Director and the City Engineer, unless otherwise specified, "dedicate" means grant the appropriate easement, rather than fee title. Where an easement is required the Applicant shall be required to provide subordination of any prior lien and easement holders in order to ensure that the City has a first priority interest and rights in such land unless otherwise excused by the City. Where fee title is granted or dedicated to the City, said fee title shall be free and clear of all encumbrances,unless otherwise excused by the City. Should conflicting wording or standards occur between these conditions of approval, any conflict shall be resolved by the City Manager or designee. GENERAL/PLANNING AND BUILDING 1. The Applicant, or his/her successors in interest, shall improve the Project Site with the Project as described in the Tentative Subdivision Map, Chula Vista Tract No. 12-02, 12- 03, 12-04, and 12-05 generally located south of the existing Olympic Parkway and west of La Media Road. 2. The Project shall comply with approved General Plan Amendment GPA-12-04 and General Development Plan Amendment PCM-12-17, the Sectional Planning Area (SPA) Plan PCM-12-18, approved November 4, 2014, and all supporting documents including but not limited to Public Facilities Finance Plan, Parks, Recreation, Open Space and Trails Plan, Affordable Housing Plan and Non-Renewable Energy Conservation Plan,Air Quality Improvement Plan, Water Conservation Plan Fire Protection Plan and the City of Chula Vista Standard Tentative Map Conditions, as attached hereto and incorporated herein. 3. Prior to the issuance of the 60th residential building permit for Neighborhood R-20, the Applicant shall commence construction on the CPF-2 park site, to the satisfaction of the Development Services Director. 4. Applicant shall pay in full any unpaid balance for the Project, including Deposit Account No. DQ 1696. 5. The Applicant shall implement, to the satisfaction of the Development Services Director and the City Engineer, the mitigation measures identified in the Supplemental Environmental Impact Report (CV SEIR 12-01) for Amendments to the Chula Vista 2014-11-04 Agenda Packet Page 306 Resolution No. Page 9 General Plan (GPA 12-04) and Otay Ranch General Development Plan (PCM-12-17) and associated Mitigation Monitoring and Reporting Program (MMRP) for the Project; and the Otay Ranch Sectional Planning Area (PCM-12-18) Supplemental Environmental Impact Report (CV SEIR 12-01) and associated Mitigation Monitoring and Reporting Program (MMRP) for the Project, within the timeframe specified in the MMRP. 6. The CC&R's for each HOA within the project shall contain a provision that provides all new residents with an overflight disclosure document that discloses the following information during any real estate transaction or prior to lease signing, as required by the Brown Field ALUCP: NOTICE OF AIRPORT VICINITY: This property is presently located in the vicinity of an airport, within what is known as an airport influence area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (for example: noise, vibration, or odors). Individual sensitivities to those annoyances can vary from person to person. You may wish to consider what airport annoyances, if any, are associated with the property before you complete your purchase or lease and determine whether they are acceptable to you. A copy of this disclosure document shall be recorded with the City of Chula Vista as part of project approval. Each prospective homeowner shall sign the disclosure document confirming they have been informed of the vicinity of the airport prior to the purchase of a home. 7. The Applicant shall obtain approval of a subsequent Final Map showing condominium ownership prior to development of condominiums within any Planning Area proposing mixed residential/commercial or multi-family residential uses. 8. The Applicant shall construct public facilities in compliance with the Otay Ranch Village 2 Comprehensive SPA Public Facilities Finance Plan (as amended from time to time) as specified in the Threshold Compliance and Recommendations Section for each public facility chapter. At the applicant's request, the City Engineer and Development Services Director may, at their discretion, modify the sequence, schedule, alignment and design of improvement construction should conditions change to warrant such a revision. 9. Prior to the first final map, the applicant will enter into an agreement to provide funding for periods where project expenditures exceed projected revenues in compliance with CVMC 19.09.060(J). 10. The Applicant shall dedicate, with the applicable final map, for public use all the public streets shown on the tentative map within the subdivision boundary. The applicant shall construct or enter into an agreement to construct and secure all street and intersection improvements as necessary to mitigate the impacts of the Project and as specified in Otay Ranch Village 2 SPA Plan Supplemental Public Facilities Finance Plan Table B.5 "Phasing Summary" and Table C.6 "Project Frontage & Access". The Applicant shall 2014-11-04 Agenda Packet Page 307 Resolution No. Page 10 construct the public improvements and provide security satisfactory to the City Engineer and City Attorney. 11. Prior to approval of any final map showing public or private streets, the Applicant shall obtain approval of street names to the satisfaction of the Development Services Director and City Engineer. 12. In accordance with Standard Tentative Map Condition 40: The applicant shall notify the City at least 60 days prior to consideration of the first map by the City if any of-site right- of-way or any interest in real property needed to construct or install offsite improvements cannot be obtained as required by the Conditions of Approval. After said notification, the developer shall comply with the requirements set forth in Standard Condition 40. 13. Prior to approval of the first Final Map for the Project, the Applicant(s) shall provide an approved amendment to the Subarea Water Master Plan (SAMP) by the Otay Water District. The SAMP will provide more detailed information on the project such as project phasing; pump station and reservoir capacity requirements, and extensive computer modeling to justify recommended pipe sizes. (Engineering, Planning). 14. Prior to approval of each Final "B" Map, present verification to the City Engineer in the form of a letter from Otay Water District that the subdivision will be provided adequate water service and long-term water storage facilities. (Engineering, Planning) 15. Prior to approval of each Final Map or Grading Plan for the Project, the Engineer-of- Work shall submit and obtain approval by the City Engineer a waiver request for all subdivision design items not specifically waived on the Tentative Map, and not conforming to adopted City standards. The Engineer-of-work request shall outline the requested subdivision design deviations from adopted City standards and state that in his/her professional opinion, no safety issues will be compromised. The waiver is subject to approval by the City Engineer in the City Engineer's sole discretion. (Engineering) 16. Prior to approval of any construction permit, Applicant shall ensure that all emergency access roads are designed with a Traffic Index of 5 and constructed out of concrete or as approved by the City Engineer. (Engineering) Public Facilities: 17. Prior to approval of the Final Map that contains the public transit facilities, the Developer shall provide a deposit in the amount of$20,000 for each transit stop payable to the City of Chula Vista for a Capital Improvement Project for future transit improvements, or enter into an agreement to construct future transit improvements to the satisfaction of the Chula Vista Transit Coordinator and MTS. 18. Prior to issuance of any building permit for a residential unit located within the City of San Diego's easement for the Otay II Pipeline, Applicant shall relocate the waterline from within Village Two to Olympic Parkway and La Media Road. 2014-11-04 Agenda Packet Page 308 Resolution No. Page 11 19. Prior to the approval of the first Final Map for the Project, the Developer shall provide an agreement to the satisfaction of the Development Services Director stating that the Applicant will not protest the formation of a reimbursement district to finance the construction of Heritage Road for its prorate share of the road as determined by the Development Services Director. 20. Prior to each final map developer shall either demonstrate that Poggi Sewer has adequate capacity or upsize the inadequate segment, all to the satisfaction of the Director of Development Services. 21. Prior to the first final map, Developer shall fund the updates of the Poggi Canyon and Salt Creek Sewer DIFs to include the projects proposed additional units. Further, prior to the first final map developer shall agree not to protest the update of the Poggi and Salt Creek Sewer DIF. 22. Applicant shall agree to update the pedestrian bridge DIF to incorporate additional units or change in facility cost or location refinements facilities prior to approval of the first final map. Affordable Housing: 23. Prior to approval of the first final map for the project, the Developer shall enter into a Balanced Communities Affordable Housing Agreement, in compliance with applicable City and State of California regulations. If an existing Affordable Housing Agreement is already in place,Applicant shall adhere to the terms thereof. Grading: 24. Grading plans that include freestanding walls or sound walls adjacent to 2:1 or greater slopes more than 6 feet high shall include a minimum 2 ft. wide level bench for landscaping and maintenance access adjacent to the wall 25. Applicant whose property is adjacent to graded slopes where landscape and irrigation is required to be installed shall be responsible for that portion of the slope landscape and irrigation installation. 26. Prior to City acceptance of any landscaped areas, Applicant shall install permanent water meters in accordance with the approved landscape and irrigation plans to the satisfaction of the Development Services Director. 27. Prior to issuance of any grading permit, the Applicant shall ensure that all earthwork shall balance to the satisfaction of the development services director and the city engineer. (Land Development) 28. Prior to the issuance of any construction or grading permit which impacts off-site property, the Applicant shall deliver to the City, a notarized letter of permission to construct or grade and drain for all off-site grading. (Engineering) 2014-11-04 Agenda Packet Page 309 Resolution No. Page 12 29. Prior to issuance of any grading or construction permit based on plans proposing the creation of down slopes adjacent to public or private streets, Applicant shall obtain the City Engineer's approval of a study to determine the necessity of providing guardrail improvements at those locations. Applicant shall construct and secure any required guardrail improvements in conjunction with the associated construction permit as determined by and to the satisfaction of the City Engineer. The guardrail shall be installed per CalTrans Traffic Manual and Roadside Design Guide requirements and American Association of State Highway and Transportation Officials (AASHTO) standards to the satisfaction of the City Engineer. 30. Applicant shall ensure that all private lot drainage and slopes comply with the current building code used by the City of Chula Vista. 31. Prior to the first final map or grading permit for the Project, Applicant shall enter into an agreement to maintain and repair any erosion caused by the Project on any offsite property to the satisfaction of the Director of Development Services. Parks: 32. The Applicant shall offer for dedication, with the appropriate final maps, for public use, all the remaining park sites identified in the SPA plan and tentative maps that have not been previously offered for dedication (except the 0.3 acre located within R-4B(b) lot 2 which shall be offered for dedication, if necessary to meet parkland obligations, prior to approval of the final map for Neighborhood R-4B(b). 33. The Applicant shall remove all easements and encumbrances in the IOD areas of park sites in V2 prior to acceptance of parkland by the City. 34. Prior to City acceptance of parkland located in the City of San Diego's easement for the Otay II Pipeline, Applicant shall relocate the waterline from within Village Two to Olympic Parkway and La Media Road. No credits will be issued for parkland acquisition until the easement is removed and the land is unencumbered. Landscaping/Walls/Fences: 35. Applicant shall comply with Standard Conditions 31, 32, 34, 35, and 37. 36. Prior to approval of the grading plans for Ind-3, landscape plans depicting edge treatments of the proposed basins and any necessary walls or fencing shall be submitted for approval to the satisfaction of the Development Services Director. Preserve Open Space 37. Prior to the approval of the first final map for the SPA Plan, the applicant shall annex the project area within the Otay Ranch Preserve Community Facilities District No. 97-2. 2014-11-04 Agenda Packet Page 310 Resolution No. Page 13 38. Prior to recordation of each final map the applicant shall convey fee title to land within the Otay Ranch Preserve to the Otay Ranch Preserve Owner Manager or its designee at a ratio of 1.188 acres for each acre of development area, as defined in the Otay Ranch Resource Management Plan. Each tentative map shall be subject to a condition that the applicant shall execute a maintenance agreement with the Preserve Owner Manager stating that it is the responsibility of the applicant to maintain the conveyed parcel until the Otay Ranch Preserve Community Facilities District No. 97-2 has generated sufficient revenues to enable the Preserve Owner Manager to assume maintenance responsibilities. The applicant shall maintain and manage the offered conveyance property consistent with the Otay Ranch Resource Management Plan Phase 2 until the Otay Ranch Preserve Community Facilities District No. 97-2 has generated sufficient revenues to enable the Preserve Owner Manager to assume maintenance and management responsibilities. Other 39. Prior to construction of a Bus Rapid Transit or Rapid Bus transit station at the corner of La Media Road and State Street, Applicant shall coordinate with SANDAG, the Chula Vista Transit Coordinator and the Development Services Director for the design of such a facility. 40. Prior to issuance of the first building permit or other discretionary permits for mixed use, multi-family, or other non-residential developments within the project site, the Applicant shall comply with applicable provisions of Municipal Code Section 8.24 - Solid Waste and Litter, and Section 8.25 — Recycling, related to development projects, to the satisfaction of the Department of Public Works, Environmental Services Division. These requirements include,but are not limited to the following design requirements: a. The Applicant shall design mixed-use, multi-family, and commercial development projects to comply with the Recycling and Solid Waste Standards for central collection bin services. b. The Applicant shall design each single-family lot or residence to accommodate the storage and curbside pickup of individual trash, recycling and green waste containers (3 total), as approved for a small-quantity generator (single family residential use). B. The following on-going conditions shall apply to the Project Site as long as it relies on this approval: 1. Approval of this request shall not waive compliance with all sections of the Chula Vista Municipal Code, and all other applicable City Ordinances in effect at the time of building permit issuance. 2. The Property Owner and Applicant 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 of this tentative map and (b) City's 2014-11-04 Agenda Packet Page 311 Resolution No. Page 14 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 Property Owner and Applicant shall acknowledge their agreement to this provision by executing a copy of this Tentative Subdivision Map 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. 3. All of the terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the Property. 4. The Applicant shall comply with all requirements and guidelines of the City of Chula Vista General Plan; the City's Growth Management Ordinance; Chula Vista Landscape Manual, Chula Design Plan; Otay Ranch General Development Plan, Otay Ranch Resource Management Plan, Phase 1 and Phase 2; Ranch Wide Affordable Housing Plan; Otay Ranch Overall Design Plan; Otay Ranch Village Two Sectional Planning Area (SPA) Plan and supporting documents including: Village Two Public Facilities Finance Plan and supplemental PFFP; Village Two Parks, Recreation, Open Space and Trails Plan; Village Two SPA Affordable Housing Plan and the Non-Renewable Energy Conservation Plan as amended from time to time, unless specifically modified by the appropriate department head,with the approval of the City Manager. These plans may be subject to minor modifications by the appropriate department head, with the approval of the City Manager, however, any material modifications shall be subject to approval by the City Council. 5. If any of the terms, covenants or conditions contained herein shall fail to occur or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted including issuance of building permits, deny, or further condition the subsequent approvals that are derived from the approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions; and/or seek damages for their violation. The applicant shall be notified 10 days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City. 6. Applicant shall indemnify, protect, defend and hold the City harmless from and against any and all claims, liabilities and costs, including attorney's fees, arising from challenges to the Supplemental Environmental Impact Report (SEIR-12-01) and subsequent environmental review for the Project and any or all entitlements and approvals issued by the City in connection with the Project. 7. The applicant shall comply with all applicable Village Two SPA conditions of approval, (PCM 12-18) as may be amended from time to time. VI. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The Property Owner and Applicant shall execute this document signing on the lines provided below, indicating that the Property Owner and Applicant have each read, 2014-11-04 Agenda Packet Page 312 Resolution No. Page 15 understood and agreed to the conditions contained herein, and will implement same. Upon execution, this document shall be recorded with the County Recorder of the County of San Diego, at the sole expense of the Property Owner and/or Applicant, and a signed, stamped copy returned to the City's Development Services Department. Failure to return the signed and stamped copy of this recorded document within 10 days of recordation shall indicate the Property Owner/Applicant's desire that the project, and the corresponding application for building permits and/or a business license,be held in abeyance without approval. Signature of Property Owner Date Signature of Applicant Date VII. CONFORMANCE WITH CITY SUBDIVISION MANUAL The City Council does hereby find that the Project is in conformance with the City of Chula Vista Subdivision Manual, Section 18.12 and the requirements of the Zoning Ordinance. VIII. 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 any one or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, this resolution, the map approved hereunder, and any permits issued in reliance hereon shall be deemed to be automatically revoked and of no further force and effect ab initio. BE IT FURTHER RESOLVED that the Chula Vista City Council does hereby approve Tentative Subdivision Map (CVT-12-04) subject to conditions listed above to subdivide two (2) existing lots totaling approximately 1.8 acres into six (6) single family lots and one (1) multi- family lot; the Tentative Map covers a total of 31 residential units. Presented by: Approved as to form by: Kelly Broughton, FSALA Glen R. Googins Development Services Director City Attorney 2014-11-04 Agenda Packet Page 313 Resolution No. Page 16 2014-11-04 Agenda Packet Page 314 EXHIBIT "A" CUT 12 -04 v`G,�OR�PRO SPN�(P PROJECT BOUNDARY Q / ♦ � O Q / Q / \ Q ORTEGA ST / / O O6 2 ♦ O \ PROJECT BOU NDARY 2014-11-04 Agenda Packet Page 315 RESOLUTION NO. 2014- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A TENTATIVE SUBDIVISION MAP WITHIN OTAY RANCH VILLAGE 2 SOUTH— CHULA VISTA TRACT 12-05 L RECITALS 1. Project Site WHEREAS, the parcel, that is the subject matter of this resolution, is represented in Exhibit A. attached hereto and incorporated herein by this reference, and for the purpose of general description, is located in the northern portion of Otay Ranch Village 2 South Neighborhoods R-16b, R-17b(a), R-17b(b), R-19b, R-20, R-21b, R-23, R-24, R-25a and R-27, Chula Vista ("Property"); and 2. Project; Applications for Discretionary Approval WHEREAS, on July 9, 2012, a duly verified application for a Tentative Subdivision Map (Chula Vista Tract (CVT) 12-05) was filed with the City of Chula Vista Development Services Department by Baldwin and Sons ("Applicant") to subdivide a 170-acre site within Otay Ranch Village 2 South,Neighborhoods R-16b, R-17b(a), R-17b(b), R-19b, R-20, R-21b, R-23, R-24, R- 25a and R-27 into 226 single family lots, 77 multi-family lots, one (1) HOA lot, four (4) open space lots, one (1)public park, two(2) industrial lots, and three (3) CPF lots; and 3. Environmental Determination WHEREAS, The Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project may have a significant effect on the environment as identified in previous FEIR 02-02; therefore, the City of Chula Vista has prepared a Supplemental Environmental Impact Report, SEIR-12-01/SCH 2003091012 pursuant to CEQA 15163.; and The City Council of the City of Chula Vista, having reviewed, analyzed, and considered the previously certified Final Environmental Impact Report (FEIR) as revised by the Final Supplemental Environmental Impact Report (FSEIR 12-01/SCH2O03091012) pursuant to the California Environmental Quality Act, made certain Findings of Fact and adopted a Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program for the GPA, GDPA, SPA Plan and associated Tentative Maps pursuant to CEQA, by Resolution No. 2014 - 4. Planning Commission Record on Application 2014-11-04 Agenda Packet Page 316 Resolution No. Page 2 WHEREAS, on October 8, 2014, the Director of Development Services set a hearing before the Planning Commission for the consideration of and recommendation on Tentative Subdivision Map. Notice of said hearing, together with its purpose, was given by both publication in a newspaper of general circulation in the City and 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, a hearing at the time and place as advertised, namely October 8, 2014, at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, was held before the Planning Commission and said hearing was thereafter closed; and WHEREAS, the Planning Commission reviewed and considered the Tentative Subdivision Map CVT 12-05; and WHEREAS, the Planning Commission after considering all evidence and testimony presented, the Planning Commission did not act on the resolution since the Planning made a motion that the City Council reject the project by not making certain findings of fact; not adopt a Statement of Overriding Considerations; not adopt a Mitigation Monitoring and Reporting Program and not Certify the Final Supplemental Environmental Impact Report (FSEIR 12- 01/SCH 2003091012) for amendments to the General Plan, Otay Ranch General Development Plan, Otay Ranch Villages Two, Three and a portion of Four Sectional Planning Area Plan, four associated Tentative Maps pursuant to the California Environmental Quality Act. This motion carried 5-1-0-1; and 5. City Council Record on Application WHEREAS, a hearing time and place was set by the City Council of the City of Chula Vista for consideration of the Project and notice of said hearing, together with its purpose, was given by both publication in a newspaper of general circulation in the City and 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, on November 4, 2014 at 2:00 p.m. in the Council Chambers, 276 Fourth Avenue, the City Council of the City of Chula Vista held the duly noticed public hearing to consider said Project: said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find, determine, and resolve as follows: IL TENTATIVE SUBDIVISION MAP FINDINGS A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that the Tentative Subdivision Map, as conditioned herein, is in conformance with the elements of the City's General Plan, based on the following: 2014-11-04 Agenda Packet Page 317 Resolution No. Page 3 1. Land Use and Transportation The current General Plan land use designation for Neighborhoods R-20, R-21b, and R-23 is Residential Low Medium; for Neighborhoods R-17b(a), R-17b(b), and R-19b is Residential Medium High; for Neighborhoods R-24 and R-25A is Residential High; and for Neighborhoods R-16b and R-27 is Mixed Use Residential. The proposed project is consistent with these land use designation as all densities fall within the prescribed GP ranges for each of these categories. The current Otay Ranch GDP land use designation for Neighborhoods R-20, R-21b, and R-23 is Low Medium Village Density Residential (LMV); for Neighborhoods R- 17b(a) and R-19b is Medium Density Residential (M); for Neighborhoods R-16b, R- 17b(b), R-24, R-25a and R-27 is High Density Residential (H). The proposed project is consistent with these land use designation as all densities fall within the prescribed GDP ranges for each of these categories. The existing implementing zone in the Village 2 Planned Community District Regulations is Single Family 3 (SF3) for Neighborhoods R-20 and R-21b; Single Family 4 (SF4) for Neighborhood R-23; Residential Multi Family 1 (RM1) for Neighborhoods R-17b(a) and R-19b; and Residential Multi Family 2 (RM2) for Neighborhoods R-16b, R-17b(b), R-24, R25a and R-27. All neighborhoods, as shown on the TM, are consistent with these designations. In total, this TM depicts 975 residential units. The subdivision design consists of 303 residential lots, one (1) HOA lot, four(4) open space lots, one (1) public park, two (2) industrial lots, and three (3) CPF lot. 226 of the lots will be single family and range from 5,060 sf to 14,064 sf in size. 73 of the lots are small lot single family (each intended for a single detached product) that are categorized as multi-family due to their density. The remaining four (4) multi-family lots are 4.7 acres (R-17B(b)), 2.5 acres (R-24), 14.1 acres (R-25a) and 8.7 acres (R- 27). These lots are planned to allow a maximum of 95 units, 59 units, 330 units and 175 units, respectively. The proposed project furthers the policy objective for "Urban Villages" to have "higher densities and mixed uses in the village cores" and to"provide a wide range of residential housing opportunities...which promotes a blend of multi family and single-family housing styles and densities, integrated and compatible with other land uses in the area. " The proposed project would support Smart Growth Principles, as it provides compact development oriented to pedestrians, bicyclists and transit, and would further minimize urban sprawl development patterns. The proposed changes would also provide more land use diversity, increase pedestrian orientation and make commercial uses in Village 2 more viable. All off-site public streets required to serve the subdivision already exist or will be constructed or funded by the Applicant in accordance with the Supplemental PFFP and Conditions of Approval. The on-site public streets are designed in accordance 2014-11-04 Agenda Packet Page 318 Resolution No. Page 4 with the City design standards and/or requirements and provides for vehicular and pedestrian connections. 2. Economic Development The proposed project results in an increase 1,562 residential units. There is a reduction of 70 typical single family lots and provision of a wider range of housing options and pricing for potential home-buyers in the current housing market. By adding these units, increased patronage to the nearby commercial and public/quasi- public uses can be anticipated to contribute to greater economic development within Village 2 and the City. The Project allows for further development of detached small lot single-family homes and multi-family housing. The Project provides homebuyers the opportunity to purchase both attached and detached homes with greater affordability, reduced maintenance/utility costs, and less dependency on the automobile, a guiding principal of the Otay Ranch GDP. The proposed homes also provide further variation in housing opportunities available to Chula Vista residents, consistent with General Plan Objective ED 2. The proposed project also fosters economic development benefits at the community level by providing for increased housing densities within the same development footprint. These increased densities allow for infrastructure and municipal services to be provided at reduced cost per capita (more people served by the same municipal services). Additionally, with increased housing (and population) within the same development footprint, increased densities improve the viability of community serving commercial and public/quasi public uses as well as alternative transportation modes. As a result, the proposed project may serve as a catalyst for small and mid- sized industries and businesses and community serving and neighborhood uses, consistent with General Plan Objectives ED 3 and ED 9. 3. Public Facilities and Services The Project has been conditioned to ensure that all necessary public facilities and services will be available to serve the Project concurrent with the demand for those services. A Supplemental PFFP has been prepared to analyze the additional demand generated by 1,562 new units for public services and facilities, and the phasing needs created by the Project. A proj ect-level water quality technical report was completed for the proposed project. The water quality technical report outlines the means and methods for achieving the water quality treatment and hydromodification requirements of the City of Chula Vista. The recommendations of the report will be implemented through grading and improvement plans approved by the City Engineer. The proposed project would continue to comply with all applicable rules and regulations including compliance with NPDES permit requirements for urban runoff and storm water discharge. Best Management Practices (BMPs) for design, treatment 2014-11-04 Agenda Packet Page 319 Resolution No. Page 5 and monitoring for storm water quality would be implemented as delineated in the Mitigated Negative Declaration with respect to municipal and construction permits. Compliance with all applicable rules and regulations governing water quality as well as implementation of all mitigation measures outlined in the Mitigated Negative Declaration and the water quality technical report would ensure no additional impacts to water quality. Project-specific analyses have been conducted relative to the project's potential sewer and water impacts. The proposed project would increase average projected water demands by 472,420 gallons per day (gpd). A Water Supply Assessment and Verification Report analyzing these new demands was approved by the Otay Water District's Board of Directors on November 6, 2013. The proposed project adds 1,562 units to the Poggi and Salt Creek basins, which results in an increase of 248,730 gpd (938 EDU) to the Poggi Basin and 128,315 gpd (484 EDU) to the Salt Creek Basin. Two reaches of the Poggi Canyon Interceptor have already been identified for future replacement; the proposed project would require one additional reaches of the Poggi Canyon Interceptor to be upgraded in the future. Upon approval of the proposed project, the Development Impact Fee for the Poggi Basin would be updated to reflect the inclusion upsizing of P345 to P363 and to include these additional units. The new units do not result in any deficiencies in the Salt Creek Basin. 4. Environmental Element The proposed project has been reviewed in accordance with the requirements of CEQA. A Water Quality Technical Report, Traffic Impact Study, Noise Impact Report, Air Quality and Global Climate Change Evaluation, Sewer Service Technical Memo and Water Service Technical Memo have been prepared, reviewed and approved by the City. A Supplemental Environmental Impact Report (SEIR-12-01) has been prepared for the project in order to address the proposed addition of 1,562 units (inclusive of the subject 975 units associated with this Tentative Map) to the Village 2 SPA Plan. 5. Growth Management The proposed project would result in 1,562 additional dwelling units in Village 2. A Supplemental PFFP has been prepared which analyzes any potential impacts on public facilities and services, and identifies the facilities, phasing and timing triggers for the provision of facilities and services to serve the project, consistent with the City's Quality of Life Threshold Standards. A project-specific traffic study, the Traffic Impact Analysis Village 2 Comprehensive SPA Amendment, analyzes the impact of 1,562 additional units in Village 2. The traffic study concludes that the proposed project would generate a total of 13,840 external daily trips by buildout of the project, including 1,068 AM peak hour trips and 1,367 PM peak hour trips. 2014-11-04 Agenda Packet Page 320 Resolution No. Page 6 Direct traffic impacts would occur at two intersections along Heritage Road; signalization would mitigate the intersection with Avenida De Las Vistas (in the City of San Diego) and the intersection with Olympic Parkway will be mitigated through payment of TDIF fees that will allow for the construction of Main Street and La Media Road. Additionally, the project would result in cumulative impacts to seven other intersections. Of these, all but one will be mitigated through signal and road improvements that are covered by the TDIF program (towards which the project will pay all appropriate fees). The final intersection, at I-805 SB ramps and Olympic Parkway, has no feasible mitigation and remains significant and unmitigable. In terms of study area roadway segments, the proposed project would result in a direct traffic impact on Heritage Road between East Palomar Street and Olympic Parkway. This direct impact would be mitigated by payment of TDIF fees for the construction of Main Street between Heritage Road and La Media Road. Two other roadway segments would be cumulatively impacted by the proposed project. Olympic Parkway between Heritage Road and Santa Venetia Street would be mitigated through payment of TDIF fees toward construction of Main Street between Heritage Road and La Media Road. The other roadway segment, Orange Avenue between Melrose Avenue and I-805 SB Ramps, has no feasible mitigation and remains significant and unmitigable. In addition to roadway and intersection impacts, traffic generated by the proposed project would have a cumulative impact on I-805, from SR-94 to Telegraph Canyon Road. For this, there is no feasible mitigation available, and the impact would remain significant and unmitigable. The Project site is within the boundaries of the Chula Vista Elementary School District (CVESD). Based on Student Generation Factors from CVESD, the proposed 1,562-unit increase would result in roughly 539 additional elementary school students. A single elementary school was planned within the Village 2 core to serve the build-out population, but due to the increased student generation, the project proposes a second school in the expanded southern portion of the core. It is anticipated the entire Village 2 project will now generate approximately 1,517 students. CVESD sizes elementary schools to accommodate between 750 and 1,000 students; therefore, the new students would not result in inadequate school facilities. The CVESD will determine which elementary school students generated by the project will attend on an interim basis. The Project is also within the attendance area of Olympian High School, within the Sweetwater Union High School District (SUHSD). It is anticipated that approximately 123 middle school and 344 high school students are generated by the Village 2 SPA Amendment project. The project site is within the boundaries of established Communities Facilities Districts for both CVESD (CVESD CFD 17) and SUHSD (SUHSD CFD 17). As 2014-11-04 Agenda Packet Page 321 Resolution No. Page 7 such, the Applicant will mitigate impacts on secondary and elementary school facilities through participation in CVESD and SUHSD CFDs. 6. Open Space and Conservation The proposed project meets the minimum open space requirement per the Village 2 SPA Plan and Planned Community District Regulations. The project generates a demand for an additional 12.16 acres of park land. This obligation will be met through the Applicant's dedication of parkland. To achieve this, two new public parks have been created and two within the existing plan have been expanded. As part of the Villages 2 SPA Plan, 109 acres of open space was required to be provided to meet Otay Ranch GDP threshold. The Village 2 SPA Plan provided approximately 203.5 acres of on-site open space. The proposed project would increase the open space demand to 176.7 acres. The 181.2 acres provided in the village exceeds the Otay Ranch GDP open space requirement. In addition, the Otay Ranch Resource Management Plan requires conveyance of 1.188 acres of preserve land for every acre of non-common development area. Applicant will be responsible for satisfying this requirement concurrently with the processing of the final maps. Because the amendment is over areas of previously planned development, the total dedication required does not change much from the original project. The Applicant has existing "credits" which were previously dedicated to the Otay Ranch Preserve Owner/Manager which will be used to partially satisfy this obligation. The proposed landform grading conforms to the City's grading Ordinance and retains regional and natural open space features. The development of the site is consistent with the goals and policies of the Conservation Element. B. Pursuant to Government Code Section 66473.1 of the Subdivision Map Act, the configuration, orientation, and topography of the site allow for the optimum siting of lots for natural and passive heating and cooling opportunities. The development of the site will be subject to site plan and architectural review to ensure the maximum utilization of natural and passive heating and cooling opportunities. C. Pursuant to Government Code Section 66412.3 of the Subdivision Map Act, the Council certifies that it has considered the effect of this approval on the housing needs of the region and has balanced those needs against the public service needs of the residents of the City and the available fiscal and environmental resources. D. The site is physically suited for residential development, because it is generally level and is located adjacent to existing residential developments. The Project conforms to all standards established by the City for a residential development. 2014-11-04 Agenda Packet Page 322 Resolution No. Page 8 E. The conditions herein imposed on the grant of permit or other entitlement herein contained is approximately proportional both in nature and extent to the impact created by the proposed development. III. GOVERNMENT CODE SECTION 66020 NOTICE Pursuant to Government Code Section 66020(d)(1), NOTICE IS HEREBY GIVEN that the 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, set aside, void or annual 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 the 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. BE IT FURTHER RESOLVED that the City Council does hereby approve the Project subject to the general and special conditions set forth below. IV. TENTATIVE MAP GENERAL CONDITIONS OF APPROVAL Unless otherwise specified or required by law: (a) the conditions and Code requirements set forth below shall be completed prior to the related Final Map as determined by the Development Services Director and the City Engineer, unless otherwise specified, "dedicate" means grant the appropriate easement, rather than fee title. Where an easement is required the Applicant shall be required to provide subordination of any prior lien and easement holders in order to ensure that the City has a first priority interest and rights in such land unless otherwise excused by the City. Where fee title is granted or dedicated to the City, said fee title shall be free and clear of all encumbrances,unless otherwise excused by the City. Should conflicting wording or standards occur between these conditions of approval, any conflict shall be resolved by the City Manager or designee. GENERAL/PLANNING AND BUILDING 1. The Applicant, or his/her successors in interest, shall improve the Project Site with the Project as described in the Tentative Subdivision Map, Chula Vista Tract No. 12-02, 12- 03, 12-04, and 12-05 generally located south of the existing Olympic Parkway and west of La Media Road. 2. The Project shall comply with approved General Plan Amendment GPA-12-04 and General Development Plan Amendment PCM-12-17, the Sectional Planning Area (SPA) Plan PCM-12-18, approved November 4, 2014, and all supporting documents including but not limited to Public Facilities Finance Plan, Parks, Recreation, Open Space and Trails Plan, Affordable Housing Plan and Non-Renewable Energy Conservation Plan,Air Quality Improvement Plan, Water Conservation Plan Fire Protection Plan and the City of 2014-11-04 Agenda Packet Page 323 Resolution No. Page 9 Chula Vista Standard Tentative Map Conditions, as attached hereto and incorporated herein. 3. Prior to the issuance of the 60th residential building permit for Neighborhood R-20, the Applicant shall commence construction on the CPF-2 park site, to the satisfaction of the Development Services Director. 4. Applicant shall pay in full any unpaid balance for the Project, including Deposit Account No. DQ 1696. 5. The Applicant shall implement, to the satisfaction of the Development Services Director and the City Engineer, the mitigation measures identified in the Supplemental Environmental Impact Report (CV SEIR 12-01) for Amendments to the Chula Vista General Plan (GPA 12-04) and Otay Ranch General Development Plan (PCM-12-17) and associated Mitigation Monitoring and Reporting Program (MMRP) for the Project; and the Otay Ranch Sectional Planning Area (PCM-12-18) Supplemental Environmental Impact Report (CV SEIR 12-01) and associated Mitigation Monitoring and Reporting Program (MMRP) for the Project, within the timeframe specified in the MMRP. 6. The CC&R's for each HOA within the project shall contain a provision that provides all new residents with an overflight disclosure document that discloses the following information during any real estate transaction or prior to lease signing, as required by the Brown Field ALUCP: NOTICE OF AIRPORT VICINITY: This property is presently located in the vicinity of an airport, within what is known as an airport influence area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (for example: noise, vibration, or odors). Individual sensitivities to those annoyances can vary from person to person. You may wish to consider what airport annoyances, if any, are associated with the property before you complete your purchase or lease and determine whether they are acceptable to you. A copy of this disclosure document shall be recorded with the City of Chula Vista as part of project approval. Each prospective homeowner shall sign the disclosure document confirming they have been informed of the vicinity of the airport prior to the purchase of a home. 7. The Applicant shall obtain approval of a subsequent Final Map showing condominium ownership prior to development of condominiums within any Planning Area proposing mixed residential/commercial or multi-family residential uses. 8. The Applicant shall construct public facilities in compliance with the Otay Ranch Village 2 Comprehensive SPA Public Facilities Finance Plan (as amended from time to time) as specified in the Threshold Compliance and Recommendations Section for each public facility chapter. At the applicant's request, the City Engineer and Development Services Director may, at their discretion,modify the sequence, schedule, alignment and design of improvement construction should conditions change to warrant such a revision. 2014-11-04 Agenda Packet Page 324 Resolution No. Page 10 9. Prior to the first final map, the applicant will enter into an agreement to provide funding for periods where project expenditures exceed projected revenues in compliance with CVMC 19.09.060(J). 10. The Applicant shall dedicate, with the applicable final map, for public use all the public streets shown on the tentative map within the subdivision boundary. The applicant shall construct or enter into an agreement to construct and secure all street and intersection improvements as necessary to mitigate the impacts of the Project and as specified in Otay Ranch Village 2 SPA Plan Supplemental Public Facilities Finance Plan Table B.5 "Phasing Summary" and Table C.6 "Project Frontage & Access". The Applicant shall construct the public improvements and provide security satisfactory to the City Engineer and City Attorney. 11. Prior to approval of any final map showing public or private streets, the Applicant shall obtain approval of street names to the satisfaction of the Development Services Director and City Engineer. 12. In accordance with Standard Tentative Map Condition 40: The applicant shall notify the City at least 60 days prior to consideration of the first map by the City if any of-site right- of-way or any interest in real property needed to construct or install offsite improvements cannot be obtained as required by the Conditions of Approval. After said notification, the developer shall comply with the requirements set forth in Standard Condition 40. 13. Prior to approval of the first Final Map for the Project, the Applicant(s) shall provide an approved amendment to the Subarea Water Master Plan (SAMP) by the Otay Water District. The SAMP will provide more detailed information on the project such as project phasing; pump station and reservoir capacity requirements, and extensive computer modeling to justify recommended pipe sizes. (Engineering, Planning). 14. Prior to approval of each Final "B" Map, present verification to the City Engineer in the form of a letter from Otay Water District that the subdivision will be provided adequate water service and long-term water storage facilities. (Engineering, Planning) 15. Prior to approval of each Final Map or Grading Plan for the Project, the Engineer-of- Work shall submit and obtain approval by the City Engineer a waiver request for all subdivision design items not specifically waived on the Tentative Map, and not conforming to adopted City standards. The Engineer-of-work request shall outline the requested subdivision design deviations from adopted City standards and state that in his/her professional opinion, no safety issues will be compromised. The waiver is subject to approval by the City Engineer in the City Engineer's sole discretion. (Engineering) 16. Prior to approval of any construction permit, Applicant shall ensure that all emergency access roads are designed with a Traffic Index of 5 and constructed out of concrete or as approved by the City Engineer. (Engineering) Public Facilities: 2014-11-04 Agenda Packet Page 325 Resolution No. Page 11 17. Prior to approval of the Final Map that contains the public transit facilities, the Developer shall provide a deposit in the amount of$20,000 for each transit stop payable to the City of Chula Vista for a Capital Improvement Project for future transit improvements, or enter into an agreement to construct future transit improvements to the satisfaction of the Chula Vista Transit Coordinator and MTS. 18. Prior to issuance of any building permit for a residential unit located within the City of San Diego's easement for the Otay II Pipeline, Applicant shall relocate the waterline from within Village Two to Olympic Parkway and La Media Road. 19. Prior to the issuance of the first building permit in R-21b, the applicant shall assure the location and configuration of CPF-8 to the satisfaction of the Director of Development Services. 20. Prior to the approval of the first Final Map for the Project, the Developer shall provide an agreement to the satisfaction of the Development Services Director stating that the Applicant will not protest the formation of a reimbursement district to finance the construction of Heritage Road for its prorate share of the road as determined by the Development Services Director. 21. Prior to each final map developer shall either demonstrate that Poggi Sewer has adequate capacity or upsize the inadequate segment, all to the satisfaction of the Director of Development Services. 22. Prior to the first final map, Developer shall fund the updates of the Poggi Canyon and Salt Creek Sewer DIFs to include the projects proposed additional units. Further, prior to the first final map developer shall agree not to protest the update of the Poggi and Salt Creek Sewer DIF. 23. Applicant shall agree to update the pedestrian bridge DIF to incorporate additional units or change in facility cost or location refinements facilities prior to approval of the first final map. Affordable Housing: 24. Prior to approval of the first final map for the project, the Developer shall enter into a Balanced Communities Affordable Housing Agreement, in compliance with applicable City and State of California regulations. If an existing Affordable Housing Agreement is already in place,Applicant shall adhere to the terms thereof. Grading: 25. Grading plans that include freestanding walls or sound walls adjacent to 2:1 or greater slopes more than 6 feet high shall include a minimum 2 ft. wide level bench for landscaping and maintenance access adjacent to the wall 2014-11-04 Agenda Packet Page 326 Resolution No. Page 12 26. Applicant whose property is adjacent to graded slopes where landscape and irrigation is required to be installed shall be responsible for that portion of the slope landscape and irrigation installation. 27. Prior to City acceptance of any landscaped areas, Applicant shall install permanent water meters in accordance with the approved landscape and irrigation plans to the satisfaction of the Development Services Director. 28. Prior to issuance of any grading permit, the Applicant shall ensure that all earthwork shall balance to the satisfaction of the development services director and the city engineer. (Land Development) 29. Prior to the issuance of any construction or grading permit which impacts off-site property, the Applicant shall deliver to the City, a notarized letter of permission to construct or grade and drain for all off-site grading. (Engineering) 30. Prior to issuance of any grading or construction permit based on plans proposing the creation of down slopes adjacent to public or private streets, Applicant shall obtain the City Engineer's approval of a study to determine the necessity of providing guardrail improvements at those locations. Applicant shall construct and secure any required guardrail improvements in conjunction with the associated construction permit as determined by and to the satisfaction of the City Engineer. The guardrail shall be installed per CalTrans Traffic Manual and Roadside Design Guide requirements and American Association of State Highway and Transportation Officials (AASHTO) standards to the satisfaction of the City Engineer. 31. Applicant shall ensure that all private lot drainage and slopes comply with the current building code used by the City of Chula Vista. 32. Prior to the first final map or grading permit for the Project, Applicant shall enter into an agreement to maintain and repair any erosion caused by the Project on any offsite property to the satisfaction of the Director of Development Services. 33. Prior to the first final map, developer shall agree to physically grade all industrial property and the CPF 9 site within Village Two South to the satisfaction of the Director of Development Services, prior to the final map proposing the 3,000'unit in Village 2 Parks: 34. The Applicant shall offer for dedication, with the appropriate final maps, for public use, all the remaining park sites identified in the SPA plan and tentative maps that have not been previously offered for dedication (except the 0.3 acre located within R-4B(b) lot 2 which shall be offered for dedication, if necessary to meet parkland obligations, prior to approval of the final map for Neighborhood R-4B(b). 35. The Applicant shall remove all easements and encumbrances in the IOD areas of park sites in V2 prior to acceptance of parkland by the City. 2014-11-04 Agenda Packet Page 327 Resolution No. Page 13 36. Prior to City acceptance of parkland located in the City of San Diego's easement for the Otay II Pipeline, Applicant shall relocate the waterline from within Village Two to Olympic Parkway and La Media Road. No credits will be issued for parkland acquisition until the easement is removed and the land is unencumbered. Landscaping/Walls/Fences: 37. Applicant shall comply with Standard Conditions 31, 32, 34, 35, and 37. 38. Prior to approval of the grading plans for Ind-3, landscape plans depicting edge treatments of the proposed basins and any necessary walls or fencing shall be submitted for approval to the satisfaction of the Development Services Director. Preserve Open Space 39. Prior to the approval of the first final map for the SPA Plan, the applicant shall annex the project area within the Otay Ranch Preserve Community Facilities District No. 97-2. 40. Prior to recordation of each final map the applicant shall convey fee title to land within the Otay Ranch Preserve to the Otay Ranch Preserve Owner Manager or its designee at a ratio of 1.188 acres for each acre of development area, as defined in the Otay Ranch Resource Management Plan. Each tentative map shall be subject to a condition that the applicant shall execute a maintenance agreement with the Preserve Owner Manager stating that it is the responsibility of the applicant to maintain the conveyed parcel until the Otay Ranch Preserve Community Facilities District No. 97-2 has generated sufficient revenues to enable the Preserve Owner Manager to assume maintenance responsibilities. The applicant shall maintain and manage the offered conveyance property consistent with the Otay Ranch Resource Management Plan Phase 2 until the Otay Ranch Preserve Community Facilities District No. 97-2 has generated sufficient revenues to enable the Preserve Owner Manager to assume maintenance and management responsibilities. Other 41. Prior to construction of a Bus Rapid Transit or Rapid Bus transit station at the corner of La Media Road and State Street, Applicant shall coordinate with SANDAG, the Chula Vista Transit Coordinator and the Development Services Director for the design of such a facility. 42. Prior to issuance of the first building permit or other discretionary permits for mixed use, multi-family, or other non-residential developments within the project site, the Applicant shall comply with applicable provisions of Municipal Code Section 8.24 - Solid Waste and Litter, and Section 8.25 — Recycling, related to development projects, to the satisfaction of the Department of Public Works, Environmental Services Division. These requirements include, but are not limited to the following design requirements: 2014-11-04 Agenda Packet Page 328 Resolution No. Page 14 a. The Applicant shall design mixed-use, multi-family, and commercial development projects to comply with the Recycling and Solid Waste Standards for central collection bin services. b. The Applicant shall design each single-family lot or residence to accommodate the storage and curbside pickup of individual trash, recycling and green waste containers (3 total), as approved for a small-quantity generator (single family residential use). B. The following on-going conditions shall apply to the Project Site as long as it relies on this approval: 1. Approval of this request shall not waive compliance with all sections of the Chula Vista Municipal Code, and all other applicable City Ordinances in effect at the time of building permit issuance. 2. The Property Owner and Applicant 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 of this tentative map 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 Property Owner and Applicant shall acknowledge their agreement to this provision by executing a copy of this Tentative Subdivision Map 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. 3. All of the terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the Property. 4. The Applicant shall comply with all requirements and guidelines of the City of Chula Vista General Plan; the City's Growth Management Ordinance; Chula Vista Landscape Manual, Chula Design Plan; Otay Ranch General Development Plan, Otay Ranch Resource Management Plan, Phase 1 and Phase 2; Ranch Wide Affordable Housing Plan; Otay Ranch Overall Design Plan; Otay Ranch Village Two Sectional Planning Area (SPA) Plan and supporting documents including: Village Two Public Facilities Finance Plan and supplemental PFFP; Village Two Parks, Recreation, Open Space and Trails Plan; Village Two SPA Affordable Housing Plan and the Non-Renewable Energy Conservation Plan as amended from time to time, unless specifically modified by the appropriate department head,with the approval of the City Manager. These plans may be subject to minor modifications by the appropriate department head, with the approval of the City Manager, however, any material modifications shall be subject to approval by the City Council. 2014-11-04 Agenda Packet Page 329 Resolution No. Page 15 5. If any of the terms, covenants or conditions contained herein shall fail to occur or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted including issuance of building permits, deny, or further condition the subsequent approvals that are derived from the approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions; and/or seek damages for their violation. The applicant shall be notified 10 days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City. 6. Applicant shall indemnify, protect, defend and hold the City harmless from and against any and all claims, liabilities and costs, including attorney's fees, arising from challenges to the Supplemental Environmental Impact Report (SEIR-12-01) and subsequent environmental review for the Project and any or all entitlements and approvals issued by the City in connection with the Project. 7. The applicant shall comply with all applicable Village Two SPA conditions of approval, (PCM 12-18) as may be amended from time to time. VI. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The Property Owner and Applicant shall execute this document signing on the lines provided below, indicating that the Property Owner and Applicant have each read, understood and agreed to the conditions contained herein, and will implement same. Upon execution, this document shall be recorded with the County Recorder of the County of San Diego, at the sole expense of the Property Owner and/or Applicant, and a signed, stamped copy returned to the City's Development Services Department. Failure to return the signed and stamped copy of this recorded document within 10 days of recordation shall indicate the Property Owner/Applicant's desire that the project, and the corresponding application for building permits and/or a business license,be held in abeyance without approval. Signature of Property Owner Date Signature of Applicant Date VII. CONFORMANCE WITH CITY SUBDIVISION MANUAL The City Council does hereby find that the Project is in conformance with the City of Chula Vista Subdivision Manual, Section 18.12 and the requirements of the Zoning Ordinance. VIII. 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 any one or more terms, provisions, or conditions are determined by a Court of 2014-11-04 Agenda Packet Page 330 Resolution No. Page 16 competent jurisdiction to be invalid, illegal, or unenforceable, this resolution, the map approved hereunder, and any permits issued in reliance hereon shall be deemed to be automatically revoked and of no further force and effect ab initio. BE IT FURTHER RESOLVED that the Chula Vista City Council does hereby approve Tentative Subdivision Map (CVT-12-05) subject to conditions listed above to subdivide two (2) existing lots totaling approximately 170 acres into 226 single family lots, 77 multi-family lots, one (1) HOA lot, four (4) open space lots, one (1) public park, two (2) industrial lots, and three (3) CPF lots; the Tentative Map covers a total of 975 residential units. Presented by: Approved as to form by: Kelly Broughton, FSALA Glen R. Googins Development Services Director City Attorney 2014-11-04 Agenda Packet Page 331 EXHIBIT "A" CVT 12 -05 R-28 PRW C \BOUNDARY " \ R17b (b) 0 R-27 \ �� -19A (a) \ P-5 N \s R�21a / %\ S-2 9G R-25a ?� sPNSPJ�P —CPF-8 cc LU BP-2 — I 9 CPF-2 1$000,p I� BP-2 CPF-9 2014-11-04 Age a Pa et age 332 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CHULA VISTA,BALDWIN AND SONS,LLC AND SUNRANCH CAPITAL PARTNERS FOR PORTIONS OF OTAY RANCH VILLAGE TWO WHEREAS, the property which is the subject matter of this ordinance is identified in the Development Agreement attached hereto as Exhibit"A" attached hereto and commonly known as portions of Otay Ranch Village Two ("Property"); and WHEREAS,the Project relied in part on the original Otay Ranch General Development Plan Program Environmental Impact Report 90-01,the Otay Ranch Villages Two,Three and a Portion of Four SPA Plan Final Second-Tier Environmental Impact Report("EIR 02-02")(SCH 92003091012), and the Village Two Comprehensive SPA Plan Amendment Final Supplemental Environmental Impact Report("EIR 12-01")(SCH No.200.30.91.012)the candidate CEQA Findings and Mitigation Monitoring and Reporting Program; and WHEREAS, the Planning Commission set the time and place for a hearing on said Development Agreement and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the Project site at least ten days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. October 8,2014, in the Council Chambers, 276 Fourth Avenue,and the Planning Commission did not act on the ordinance since the Planning made a motion that the City Council reject the project by not making certain findings of fact;not adopt a Statement of Overriding Considerations;not adopt a Mitigation Monitoring and Reporting Program and not Certify the Final Supplemental Environmental Impact Report(FSEIR 12-0I/SCH 2003091012)for amendments to the General Plan, Otay Ranch General Development Plan, Otay Ranch Villages Two, Three and a portion of Four Sectional Planning Area Plan, four associated Tentative Maps pursuant to the California Environmental Quality Act. This motion carried 5-1-0-1; and, WHEREAS,the proceedings and all evidence introduced before the Planning Commission at the public hearing on the Project held on October 8, 2014 and the minutes and resolution resulting therefrom, are incorporated into the record of this proceedings; and, WHEREAS, on November 4, 2014, a duly noticed public hearing was scheduled before the City Council of the City of Chula Vista to consider adopting the ordinance to approve the Development Agreement between the City of Chula Vista, Baldwin & Sons, LLC and Sunranch Capital Partners,LLC for portions of Otay Ranch Village Two(the"Development Agreement");and 2014-11-04 Agenda Packet Page 333 Ordinance No. Page 2 WHEREAS,THE City staff has reviewed the Development Agreement and determined it to be consistent with the Otay Ranch General Development Plan and the City's General Plan. NOW, THEREFORE,THE CITY COUNCIL of the City of Chula Vista does hereby order and ordain as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing held on October 8, 2014 and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision makers, shall comprise the entire record of the proceedings for any California Environmental Quality Act (CEQA) claims. IL COMPLIANCE WITH CEQA The City Council hereby finds that the adoption of the ordinance approving the Development Agreement for the Project,as described and analyzed in the Final SEIR 12-01,would have no new effects that were not examined in said Final SEIR(Guideline 15168 (c)(2)). III. CONSISTENCY WITH GENERAL PLAN AND OTAY RANCH GENERAL DEVELOPMENT PLAN(GDP) The City Council finds that the proposed Development Agreement is consistent with the City's General Plan and Otay Ranch General Development Plan. The Development Agreement implements the General Plan and GDP by providing a comprehensive program to implement the SPA Plan and Tentative Map. Those plans provide design incorporating a mixture of land uses connected by a walkable system of public streets and pedestrian paths, neighborhood parks and plazas, retail opportunities, and commercial activities designed to promote a safe pedestrian environment. The Village Two site utilization plan,including the density,number of residential units,industrial acreage,and mixed use area,is consistent with the General Plan and GDP, as amended. IV. ACTION The City Council hereby adopts an Ordinance approving the Development Agreement between the City of Chula Vista, Baldwin and Sons, LLC and SunRanch Capital Partners, LLC for portions of Otay Ranch Village Two(a copy of which is on file in the City Clerk's office),finding it consistent with the California Government Code,adopted City policies,the General Plan, and the Otay Ranch General Development Plan. IV. EFFECTIVE DATE This Ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. 2014-11-04 Agenda Packet Page 334 Ordinance No. Page 3 Presented by Approved as to form by Gary Halbert,AICP, PE Glen R. Googins City Manager City Attorney 2014-11-04 Agenda Packet Page 335 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNEWPP Y T CIT Gle 'R. Googin s City Attorney Dated: a DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND VILLAGE II OF OTAY HB SUB; OTAY RANCH II SUN 12, LLC; OTAY RANCH VILLAGE II-PC-1 S, LLC; VILLAGE II OF OTAY, LP; SUNRANCH CAPITAL PARTNERS, LLC; AND MONTECITO VILLAGE, LLC 2014-11-04 Agenda Packet Page 336 _ _....... ........... ...... ... RECORDED AT RE.QUESI OF AND WHEN RECORDED RETURN TO: City of Chula Vista 276 Fourth Avenue Chula Vista, California 91910 Attn: Ci Cletk Fee Exempt—Gov't Code §6103 (,Space above for Recorder's Use) DEVELOPMENT AGREEMENT among THE CITY OF CHULA VISTA, a California charter city and municipal corporation and the entities comprising the "OWNER" as defined in Section 1„16 below I I 60093 0002519324655 6 24oct 14 -1- 2014-11-04 Agenda Packet Page 337 THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into as ofthe Effective Date (as defined below) by and among THE CITY OF CHULA VISTA, a California charter city and municipal corporation ("City"), and the entities comprising the "OWNER" as defined in Section 1 .16 below. The City or the Owner are sometimes individually referred to in this Agreement as a "Party" and are collectively referred to as the "Parties The Parties enter into this Agreement with reference to the following recited facts (each a"Recital"): RECITALS i A. To strengthen the public planning process, encourage private participation in comprehensive planning and to reduce the economic risk of development, the State of California has enacted the Development Agreement Statute, found at Sections 65864 et seq,, of the California Government Code. B. the City is authorized by the Development Agreement Statute and by its City Charter to enter into development agreements with persons and entities having legal or equitable interests in real property for the purpose of establishing predictability for both the City and the property owner in the development process and in the provision of public infrastructure and public benefits, C. Owner has a legal or equitable interest in that certain real property consisting of approximately 362,7 acres of land located in the City of Chula Vista, County of San Diego, State of California, more particularly described and depicted in Exhibit "A" to this Agreement (the "Property") D. The Property is located in the Otay Ranch Village of Montecito Sectional Planning Area Plan ("SPA Plan") It is currently partially developed having previously been I entitled by the City for-the development contemplated by the SPA Plan.. E.. Owner desires to amend the land use designations for areas of the SPA Plan to allow for additional residential units, parkland, school site and CPF facilities to enhance the Property as a unified, walkable and mixed-use development which offers potential residents additional housing options (the "Project") A general description and depiction of key elements of the Project is contained in Exhibit"B"to this Agreement i F. Owner has requested that the City enter into a development agreement for the development of the Project on the Property, and the City desires to enter into this Agreement pursuant to the provisions of the California Government Code, the City Charter, the General Plan, the City Municipal Code, and applicable City policies. 60093 0002519324655 4 -2- 2014-11-04 Agenda Packet Page 338 G. This Agreement assures that development of'the Project will occur in accordance with the General Plan., the Otay Ranch General Development Plan ("Otay Ranch GDP"), the SPA Plan, as amended by the Project Approvals, and all of' the implementing regulations for those various Plans H Ihis Agreement constitutes a current exercise of the City's police powers to provide predictability to the Owner in the development approval process by vesting the permitted uses, density, intensity of use, and timing and phasing ofthe Project in exchange for the Owner's commitment to provide significant public benefits to City I This Agreement is also intended to ensure that the Owner has provided funding sufficient to provide the adequate and appropriate infrastructure and public facilities required by the development of'the Project, and that this infiastructure and public facilities will be available no later than when required to serve the Project's demand I. The commitments of the Owner made in this Agreement allow the City to realize significant economic, recreational, park, open space, educational, social, public facilities or,other public benefits These public benefits will advance the interests and meet the needs of Chula Vista's residents and visitors to a significantly greater extent than would development of the I Project under the current entitlements and absent this Agreement. K. In return for the Owner's commitment to provide these public benefits, the City is willing to exercise its authority to enter into this Agreement and to make a commitment of predictability for the development process for the Project AGREEMENT For good and valuable consideration,the City and Owner agree as follows: 1 DEFINITIONS In this Agreement, unless the context otherwise requires, the following terms and phrases shall have the following meanings: 1.1 "Agreement" means this Development Agreement between the City and the Owner. The term "Agreement" shall include any amendment to the Agreement properly approved and executed pursuant to the terms ofthis Agreement. 1.2 "Approval Date" means the date on which the City Council conducted the first reading of'the Enabling Ordinance as part of the Project Approvals 13 "City" means the City of Chula Vista, a California charter city and municipal corporation.. 1..4 "City Charter" means the City of'Chula Vista's City Charter 1.5 "City Council"means the governing body ofthe City. 60093 00025\9324655 4 -3- 2014-11-04 Agenda Packet Page 339 1.6 "City Manager" means the City Manager of the City or his or her designee. 1..7 "City Municipal Code" means the Chula Vista Municipal Code. 1.8 "Day"means a calendar day unless specifically stated as a"business day" 1.9 "Effective Date" means the date on which the Enabling Ordinance becomes effective and the Parties have each signed this Agreement. 1.10 "Enabling Ordinance" means City Ordinance No. by which this Agreement was approved 1 11 "Existing Land Use Regulations" means all Land Use Regulations in effect on the Approval Date, including the General Plan, Otay Ranch GDP and SPA Amendments and other Project Approvals, but excluding any amendment or modification to the Land Use Regulations adopted, approved, or imposed after the Approval Date that impairs or restricts Owner's rights set forth in this Agreement, unless such amendment or modification is expressly authorized by this Agreement or is agreed to by Owner in writing Owner has consented to the General Plan, Otay Ranch GDP and SPA Amendments and other Project Approvals in effect on the Approval Date, which shall all be considered part of the Existing Land Use Regulations 1.12 "General Plan" means the General Plan of the City of Chula Vista i 1.13 "General Plan Amendment" means the amendments to the General Plan that are enacted as part of the Project Approvals 1.14 "Land Use Regulations" means all ordinances, resolutions, codes, rules, regulations and official policies of the City governing the development and use of land, including, without limitation, the permitted use of land, the density or intensity of use, subdivision requirements, timing and phasing of development, the maximum height and size of buildings, the provisions for reservation or dedication of land for public purposes, the City's public improvement engineering ordinances, policies, rules, regulations and standards, and the design, improvement, construction, and initial occupancy standards and specifications applicable to the Project "Land Use Regulations" do not include any City ordinance, resolution, code, rule, regulation or official policy governing: 1 14.1 the conduct or taxation of businesses, professions, and occupations applicable to all businesses, professions,and occupations in the City; 1.14.2 Taxes and assessments of general application upon all residents of the City. 1.14.3 the control and abatement of'nuisances 60093 0002519324655 4 -4- 2014-11-04 Agenda Packet Page 340 1 15 "Mortgagee" means a mortgagee of a mortgage, a beneficiary under a deed of trust or any other security-device, a lender; and their successors and assigns. 1 16 "Owner" means, ,jointly and severally, VILLAGE 11 OF OTAY HB SUB, a California general partnership, OTAY RANCH II SUN 12, LLC, a Delaware limited liability company, OIAY RANCH VILLAGE I1-PC-15,LLC, a Delaware limited liability company, VILLAGE 11 OF OTAY, L P., a Delaware limited partnership, SUNRANCH CAPITAL PARTNERS, LLC, a Delaware limited liability company, MONTECITO VILLAGE, LLC, a California limited liability company, and Owner's successors and assigns as set forth in the Agreement. Each individual Owner is jointly and severally responsible for all obligations of the Owner set forth in this Agreement. 1.17 "Owner's Vested Right" shall have the meaning set forth in Section 4 1. i 1.18 "Otay Ranch GDP" means the Otay Ranch General Development Plan 1.19 "Otay Ranch GDP Amendments"means the amendments to the Otay Ranch GDP that are enacted as part of the Project Approvals I 1.20 "Parties" means the City on the one hand, and Owner on the other hand. A "Party" means either the City or the Owner i 1.21 "Project" means the development of the Property, including all related on-site and off-site improvements, as set forth in the Project Approvals and Subsequent Project Approvals. r 1.22 "Project Approvals" means all permits and other entitlements approved or issued by the City for the use of', construction upon, and/or development of the Project on the Property.. A listing of the Project Approvals is contained in Exhibit"C" to this Agreement. 1.23 "Property" means the real property described and depicted in Exhibit"A 1.24 "Reservation of Authority" or "Reserved Authority" means the rights and authority specifically reserved to the City which limits the assurances and rights provided to the Owner and the Owner's Vested Right under this Agreement 1.25 "Section" means a numbered section of this Agreement, unless specifically stated to refer to another document or matter 1.26 "SPA Plan" means the Otay Ranch Village of'Montecito Sectional Planning Area Plan 1.27 "SPA Plan Amendments" means the amendments to the SPA Plan that are enacted as part of the Project Approvals, 60093 0002519324655 4 -5- 2014-11-04 Agenda Packet Page 341 1.28 "Subsequent Project Approvals" means all Project Approvals approved, granted, or issued after the Approval Date which are required or permitted by the Project Approvals, Existing Land Use Regulations, any applicable Subsequent Land Use Regulations and this Agreement A listing of the anticipated Subsequent Project Approvals is contained in Exhibit"D"to this Agreement.. 1.29 "Subsequent Land Use Regulations" means those Land Use Regulations which are both adopted and effective after the Approval Date and which are not included within the definition of Existing Land Use Regulations "Subsequent Land Use Regulations" include any Land Use Regulations adopted by moratorium, initiative,City action, or otherwise, 1.30 "Term" means the term of this Agreement as set forth in Section 5.1 of this Agreement 2. INTERESI OF OWNER. Owner represents that it has a legal or equitable interest in the Property and is authorized to enter into this Agreement. 3. PUBLIC HEARINGS. On , after providing notice as required by law, City Council held a public hearing on this Agreement and made any legally required findings as set forth in the Enabling Ordinance, 4 DEVELOPMENT OF THE PROIECT 4.1 Owner's Vested Right Owner shall have the vested tight to complete the Project during the Term in accordance with the Project Approvals, the Subsequent Project Approvals, the Existing Land Use Regulations, and subject to the City's Reservation of' Authority and this Agreement ("Owner's Vested Right"). Owner's Vested Right shall include the off-site CPF rights described in Section 4.10 below 4.2 Governin Land Use Regulations. Except as otherwise provided in this Agreement, the Land Use Regulations applicable to the development of the Project shall be those contained in the Project Approvals, the Subsequent Project Approvals and the Existing Land Use Regulations Subsequent Land Use Regulations shall not apply to the development of the Project, unless expressly authorized by this Agreement or agreed to by Owner in writing 43 Permitted Uses Except as otherwise provided within this Agreement, the permitted uses on the Property shall be as provided in the Project Approvals, the Subsequent Project Approvals and the Existing Land Use Regulations 4.4 Density and Intensity; Requirement for .Reservation and Dedication of Land. Except as otherwise provided in this Agreement, the density and intensity of use for the development of the Project, and the requirements for reservation and 60093 0002519324655 4 -6- 2014-11-04 Agenda Packet Page 342 .......... ......... dedication of land, shall be as provided in the Project Approvals, the Subsequent Project Approvals and the Existing Land Use Regulations 4.5 _Reservation of Authority. the following Land Use Regulations, Subsequent Land Use Regulations or other,requirements shall apply to the Property and the Project: 45.1 Processing fees and charges imposed by the City to cover the City's estimated or actual costs of reviewing and processing applications for the Project, providing inspections, conducting annual reviews, providing environmental analysis, or for monitoring compliance with this Agreement or any Project or Subsequent Project Approvals granted or issued, provided such fees and charges are in force and effect on a general basis on the date of filing such applications with the City. This Section shall not be construed to limit the authority of'City to charge its then-current, normal and customary application, processing, and permit fees for Project or Subsequent Project Approvals, building permits and other similar permits, which fees are designed to reimburse City's expenses attributable to such application, processing, and permitting and are in force and effect on a City-wide basis on the date of filing such applications with City, notwithstanding the fact that such fees may have been increased by City subsequent to the Approval Date; 452 Development impact fees, monetary exactions or other mitigation requirements imposed by the City as a condition precedent to the issuance ofany permit or approval to cover the impacts associated with the development of the Project ("Development Impact Fee"), as required by the Project Approvals or Subsequent Project Approvals, provided such fees or other mitigation requirements are in force and effect on a general basis on the date of filing for such permit or approval with the City. However, this Agreement vests Owner the right, at its sole option, to defer the payment of the following Development Impact Fees, as applicable to the Project, and the Property, at the then-current amount, until the request for final inspection of a building permit: Sewer Capacity Fee; Public Facility Development Impact Fee; Eastern Transportation Development Impact Fee; Western Transportation Development Impact Fee; Telegraph Canyon Drainage Fee; Poggi: Canyon Sewer Development Impact Fee; Salt Creels Sewer Development Impact Fee; Otay Ranch Village 1 and 5 Pedestrian Bridge Development Impact Fee; Otay Ranch Village I I Pedestrian Bridge Development Impact Fee; Park Acquisition and Development Fee; and any successor or replacement fees for the fees named above.. This Section shall not be construed to limit the authority of the City to charge its then-current, normal and customary impact fees or other mitigation requirements in place at the time of the application for the permit or approval, notwithstanding the fact that 60093 0002519324555 4 -7- 2014-11-04 Agenda Packet Page 343 such fees may have been increased by the City subsequent to the Approval Date; 4.5,3 Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals, and any other matter of procedure; 45.4 The following, provided that they are uniformly applied to all development projects within the City- 4.5.4 1 Uniform codes governing engineering and construction j standards and specifications adopted by the City pursuant to state law. Such codes include, without limitation, the City's adopted version of the Uniform Administrative Code, California Building Code, California Plumbing Code, California Mechanical Code, California Electrical Code, and California Fire Code; 4542 Local amendments to those uniform codes which are adopted by the City pursuant to state law, provided they pertain exclusively to the preservation of life and safety; 4.543 The City's standards and procedures regarding the granting of encroachment permits and the conveyance of rights and interests which provides for the use of or the entry upon public property;and 45.44 The City's public improvement engineering ordinances, policies, rules, regulations and standards in effect when construction drawings for those improvements are submitted to City, City will reasonably consider requests for exceptions to and deviations from these public improvement engineering ordinances, policies, rules, regulations and standards necessary or desirable for implementation of the Project or, the Project Approvals. 455 Regulations which may be in conflict with this Agreement, but which are required to protect the public health and safety; 456 State or federal laws or regulations which preempt local regulations or mandate local regulations or conditions that conflict with the development of the Project This expressly includes mandates imposed through the Clean Water Act or the Porter-Cologne Water Quality Control Act; 60093 0002519324655 4 -8- 2014-11-04 Agenda Packet Page 344 4.5.'7 Prior to exercising the Reservation of Authority provided in Sections 4.5.5 and 4.5.6, the City shall provide Owner with written notice of the state or federal law or regulation or the regulation required to protect the public health and safety that conflicts with this Agreement and a written explanation of the conflict created. Within ten (10) days of'the City's written notice, City and Owner shall meet and confer in good faith in a reasonable attempt to apply the state or federal law or regulation or the regulation required to protect the public health and safety in a manner that is most consistent with this Agreement, preserves the terms of this Agreement and that protects the rights of Owner as derived from this Agreement to the extent reasonably possible while still following the applicable law or regulation; 4.571 Failure ofCity to provide notice identified in Section 4.5.7 shall not relieve Developer of its obligation to comply with such laws or regulations. 4.5.8 Owner shall be issued building permits for the Project after permit applications are reviewed and approved by City in the City's customary fashion for such review and approval; and ' 4.5.9 The exercise of the power of eminent domain 4.6 Vested Rights Upon Termination. Owner acknowledges that following termination of this Agreement, except as to any Project Approval or Subsequent Project Approval that has vested under state law without reliance on this Agreement, City may amend the General Plan, Otay Ranch GDP, SPA Plan or' Land Use Regulations as they relate to the Project and the Property, 4.7 Compliance with CEOA The City Council has found that the environmental impacts of the Project have been addressed in the Otay Ranch General Development Plan Program Environmental Impact Report 90-01, the Otay Ranch Villages Two, Three and a Portion of Four SPA Plan Final Second-Tier Environmental Impact Report ("EIR 02-02") (SCH#2003091012), and the Village Two Comprehensive SPA Plan Amendment Final Supplemental Environmental Impact Report ("EIR 12-01") (SCH No 200.30.91.012). Where the California Environmental Quality Act requires that an additional environmental analysis be performed in connection with a Subsequent Project Approval or other future discretionary approval granted by the City for the Project, the Owner shall pay all of the City's reasonable costs to perform that additional analysis. 4.8 Timing of Development„ Because the California Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Cal 3d 465 (1984), that the failure of the parties in that case to provide for the timing of'development resulted in a later- adopted initiative restricting the timing of development to prevail over the parties' 60093 0002519324655 4 -9- 2014-11-04 Agenda Packet Page 345 agreement, it is the specific intent of the Parties to provide f6r the timing of the Project in this Agreement To do so, the Parties acknowledge and provide that, subject to express terms of this Agreement including, without limitation, Sections 4.5.5 and 4 5.6, Owner shall have the right, but not the obligation, to complete the Project in such order, at such rate, at such times, and in as many development phases and sub-phases as Owner deems appropriate in its sole subjective business judgment. 4.9 Community Purpose Facilities. 4,9.1 Owner shall have the right to satisfy 9.0 acres of its community purpose facilities (CPF) requirements (Chula Vista Municipal Code Section 19.48„025) for the Project through the provision of a CPF facility on a 9 acre site located within the industrial area in Village 2 South(i.e,either IND-2 or IND-3 as depicted on Chula Vista Tentative Map 12-05) the City agrees that a non-profit (or for-ptofit, if approved by the City Manager) vocational or adult education school will qualify as a permitted CPF use. � 4.9.2 Owner, with written approval #torn the City Manager, shall have the option, at its sole expense, to construct a swim facility in one of the future planned Neighborhood Parks (P-2, P-5 or P-6) as more particularly described on Exhibit "E” attached to this Agreement, funding that portion of the cost above what the normal PAD fees would otherwise cover, If'Owner elects to construct the swim facility: 4.9 2.1 The swim facility will be a public facility owned and operated 'i by the City; 4.9.2 2 To exercise its option to construct a swim facility, Owner shall submit to the City Manager a preliminary facility plan and a 1 preliminary budget for the facility, including ongoing operation and maintenance, in sufficient detail to allow the City Manager to assess whether the facility will be sustainable and will meet the amenities outlined in Exhibit"E"to this Agreement. Within thirty (30) days of the City Manager's receipt of the preliminary facility plan and preliminary budget, the City Manager shall either provide Owner with written approval to construct the facility or notify Owner of any deficiencies in the preliminaty facility plan and preliminary budget that will need to be resolved to obtain the City Manager's written approval. 492.3 Upon written approval of'City Manager to pursue construction of the swim facility, City shall relieve Owner from the obligation to provide 3.9 acres of CPF in Village 7 as identified 60093 0002519324655 4 -10- 2014-11-04 Agenda Packet Page 346 in the agreement between the City and Otay Project, LP dated August 22, 2012 and allow Owner to process an application to re-zone that land from open space and low density single family residential to a higher density single family or multi-family residential Owner will be allowed to apply for a transfer of approved units from Village 2 to Village 7; and 4.9.2,4 Owner shall have the option to process an application to rezone the 0 9 acre CPF-2 site in Village 2 South to a single family zone consistent with the surrounding zoning. 4.9.3 Prior to the earlier of (1) issuance of a building permit in neighborhoods MU-2, MU-3 or C-1 or (2) issuance of a permit for construction of P-3 park, Owner shall commence construction on the CPF-7 site (planned to be the homeowner's association swim club) and work diligently to completion. 4.9.4 Prior to approval of a Design Review application for any project in neighborhood MU-2, Owner shall demonstrate to the satisfaction of the Director of Development Services, the means by which the CPF-4 obligation will be met Provision of a facility will be consistent with the SPA Plan and the Montecito Village Core Masten Precise Plan. 410 Community Facilities District Owner may choose to use a phased Community Facilities District (CFD) for the Project, which may have multiple improvement phases or bond series City and Owner shall meet and confer regarding reasonable ways to lower the amount, if feasible, Owner must pay for the City's administration costs associated with such a phased CFD approach while providing the City with sufficient funds to cover the costs associated with the phased approach. 4.11 Fiscal Impact Fee. The 2,479 units within the Project which are subject to the Public Benefit Contribution as defined in Section 5.1 .1 and as shown in the Public Benefit Contribution Table attached to this Agreement as Exhibit "F" shall be subject to an additional fiscal impact fee of eighty dollars ($80), payable at the time of building permit issuance, in complete satisfaction of all fiscal impact funding requirements of the City Municipal Code, including CVMC 19.09 060(1), for the Project (the "Fiscal Impact Fee"). The Neighborhoods shown as exempt from the Public Benefit Contribution on the Public Benefit Contribution Table shall also be exempt from the Fiscal Impact Fee and any other fiscal impact funding requirements 5 OWNER'S OBLIGATIONS AND PROVISION OF PUBLIC BENEFIT'S. 5.1 Extraordinary Public Benefit Contribution 60093 0002519324655 4 -11- 2014-11-04 Agenda Packet Page 347 ------- ------ 5 1 1 As consideration for City's approval of the 1,562 additional residential units for the Project approved on the Approval Date with the amendments to the General Plan, Otay. Ranch GDP and the SPA Plan and performance of its obligations set forth in this Agreement, Owner shall make a contribution to City to be used for a public facility or facilities that shall be in addition to any other fee or charge to which the Property and the Project would otherwise be subject (the "Public Benefit Contribution")in the amounts specified in the table attached as Exhibit "17" (the "Public Benefit Contribution Table") the Public Benefit Contribution was calculated to equal Five Thousand Dollars ($5,000) for each of the 1,562 additional residential units, although it would be spread over 2,479 units within the Property as described in the Public Benefit Contribution Table, 5.12 The Public Benefit Contribution for each residential dwelling unit shall be payable at the time of building permit issuance for the unit in accordance with the Public Benefit Contribution Table. Owner shall 1 have no obligation to obtain building permits in any particular order or obtain building permits for all of the units shown on the Public Benefit Contribution Table_ Iherefore, there is no guarantee that the entire Public Benefit Contribution will be paid 5 1 3 Owner shall have the right to build the public facility or facilities to the satisfaction of the City Manager pursuant to a separate agreement with City pursuant to which Owner would have the right to reimbursement from Public Benefit Contributions previously made and credits against Public Benefit Contributions not yet made i 5.1 4 Owner agrees and acknowledges that its failure to satisfy the provisions of this Section shall constitute a default of its obligations under the Agreement and that upon any such default the City may pursue any of the remedies provided in this Agreement. 5.2 Public Facilities and Services 52 1 Owner shall complete construction of a half width (i.e., two, striped one-way lanes) of Heritage Road between Santa Victoria Road and Main Street (the "Portion of Heritage Road") to the satisfaction of the City's Development Services Director before the earlier of (a) eighteen (18) months from the issuance of a rough grading permit on V2 South, or (b) December 31, 2016 (the "Completion Date") The Completion Date shall be extended because of events that cannot reasonably anticipated or controlled as described in Section 11 .16 of this Agreement. 60093 0002519324655 4 -12- 2014-11-04 Agenda Packet Page 348 5.21 1 City shall reimburse Owncr for the costs of all TDIF improvements within the Portion of Heritage Road in an amount equal to the cost ofthe improvements within the Portion of Heritage Road estimated in the establishment ofthe TDIF fee, as it may be amended from time to time In the event that Owner anticipates the costs to exceed the amount estimated for the improvements, Owner shall seek to have the TDIF amended such that the estimated costs equals that which the Owner anticipates, At the time ofthe execution of this Agreement, City shall have collected a certain dollar amount for a portion of'such reimbursement from projects previously constructed within Village 2. Owner shall be entitled to reimburscment from such funds. As additional TDIF funds are collected by the City, such funds shall be available for reimbursement This reimbursement shall be in lieu of TDIF credits for the amount reimbursed from TDIF funds and subject to the verification/approval process specified in the TDIF ordinance. City shall give Owner TDIF credits, subject to the verification/approval process specified in the TDIF ordinance, to the extent of any difference between the full cost ofthe TDIF improvements and the amount of TDIF funds available to reimburse Owner 5,2,12 Upon request fiom Owner, City shall establish a reimbursement district or reimbursement agreement for all costs (both TDIF and non-TDIF) of the entire Heritage Road within six (6) months ofthe request. All owners and properties benefiting from the construction of Heritage Road shall be included in the reimbursement district or agreement and shall be required to contribute their fain share portion of the construction costs. 6.. IERM AND TERMINATION. 6.1 Term of Agreement The Term shall commence on the Effective Date. The Terris shall continue for a period of twenty (20) years from the Effective Date, subject to the following: 6,14 The Term shall be extended for periods equal to the time during which: 6 1.1 1 Litigation is pending which challenges any matter, including compliance with CEQA or any other local, state, or federal law, related in any way to the approval or implementation of all or any part ofthe Project Approvals Any such extension shall be equal to the time between the filing of litigation, on the one hand, and the entry of final judgment or dismissal, on the other 60093 0002519324655 4 -1�- 2014-11-04 Agenda Packet Page 349 6.1 12 Any other delay occurs which is beyond the control of the Parties, as described in Section 11.16 6.1.2 During the Term, certain portions of the Property may be released from this Agreement as provided elsewhere in this Agreement 6.1.3 As provided in Section 6..2 and elsewhere within this Agreement, the Term may end earlier than the end of the Ierm as specified in this Agreement 6.2 Termination. This Agreement shall be deemed terminated and of no further effect upon the earlier occurrence of any of the following events: 6.21 Expiration of the Ierm as set forth in Section 6 1; 6.22 Entry of a final judgment setting aside, voiding, or annulling the adoption of the Enabling Ordinance; 6.2,3 The adoption of a referendum measure overriding or repealing the Enabling Ordinance; 62.4 Completion of the Project in accordance with the terms of this Agreement, including issuance of all required occupancy permits and acceptance, as required by state law, by City, or the applicable public agency, of all required dedications and the satisfaction of all of Owner's obligations under this Agreement; and i 6,25 As may be provided by other specific provisions ofthis Agreement 63 Effect of Termination Subject to Section 6.4, upon any termination of this Agreement, the only rights or obligations under this Agreement which either Party shall have are: 63 1 The completion of' obligations which were to have been performed prior to termination, other than those which are separately addressed in this Agreement; 6.3.2 The performance and cure rights set forth in Section R 3; and 6 3 3 Those obligations that are specifically set forth as surviving this Agreement, such as those described in Sections S 1 through 8.5 and 11.20 6.4 Release of Obligations With Respect to Individual Lots Upon Certification of Occupancy.. Notwithstanding any other provision of this Agreement: 60093 0002519324655 4 -14- 2014-11-04 Agenda Packet Page 350 641 When any individual lot has been finally subdivided and sold, leased, or made available f6r lease to a member of the public or any other, ultimate user, and a certificate of occupancy has been obtained for the building(s) on the lot, that lot and its owner shall have no further, obligations under and shall be released from this Agreement. 642 Upon the conveyance of any lot, parcel, or other property, whether residential, commercial, or open space, to a homeowners' association, property owners' association, or, public or quasi-public entity, that lot, parcel,or property and its owner,shall have no further,obligations under and shall be released from this Agreement. No formal action by the City is required to effect this release, but, upon Owner's request, City shall sign an estoppel certificate or other document to evidence the r-elease 6.5 Term of'Map(s) and Other Project Approvals. 65 1 Subdivision Maps. Pursuant to Government Code Section 66452..6, the term of all subdivision of parcel maps that are approved for all or any portion of the Project shall be automatically extended to a date coincident with the Term and, where not prohibited by State law, with any extension of the Term 6.52 Other Project Approvals. Pursuant to Government Code section 65863.9, the Project Approvals shall automatically be extended for a f term ending concurrently with the applicable subdivision maps for the Project. .i i 7. ANNUAL REVIEW, 7.1 Timings of Annual Review. Pursuant to Government Code Section 65865 1, at least once during every twelve (12) month period of the Term, City shall review the good faith compliance of Owner with the terms of this Agreement ("Annual Review"). 7.2 Standards for Annual Review, During the Annual Review, Owner shall be required to demonstrate good faith compliance with the terms of this Agreement. "Good faith compliance" shall be established if Owner is in compliance with the terms and conditions of this Agreement. If the City Council or its designee finds and determines that Owner is not in good faith compliance, then City may proceed in accordance with Section 9.3 pertaining to the potential default of Owner and the opportunities f6r cure Owner shall pay the City's reasonable fees and costs incurred in connection with the Annual Review. 60093 0002519324655 4 -15- 2014-11-04 Agenda Packet Page 351 73 Procedures for Annual Review. The Annual Review shall be conducted by the City Council or its designee Owner shall be given a minimum of'sixty (60) days' notice of any date scheduled for an Annual Review. 74 Certificate of Compliance. At any time during any year that the City Council or its designee finds that Owner, is not in default under this Agreement, City shall, upon written request by Owner, provide Owner with a written certificate of'good faith compliance within fifteen (15)days of City's receipt of that request. 8 THIRD PARIY LITIGATION 8.1 General Plan Litigation, City has determined that this Agreement is consistent with its General Plan, the Otay Ranch GDP and the SPA Plan. Owner has reviewed the General Plan, the Otay Ranch GDP and the SPA Plan and concurs with City's determination. City shall not have any liability, whether through equitable or legal arguments, under this Agreement or associated approvals or documents (e.g General Plans, SPA Plan, Maps) associated with this Agreement for Owner's development of Village 2, for any failure of City to perform under this Agreement, or for the inability of Owner to develop the Property as contemplated by the Project Approvals or this Agreement, if such failure or inability is the result of a judicial determination that part or, all of the General Plan, Otay Ranch GDP or SPA Plan is invalid, inadequate, or not in compliance with law. i 82 Third Paily Litigation Concerning Project of Agreement.. Owner shall, at Owner's expense, defend, indemnify, and hold City, its officers, employees and independent contractors engaged in Project planning, approval, or implementation, harmless from any third-party claim, action or proceeding against City, its agents, officers or employees to attack, set aside, void, of annul the Project Approvals, Subsequent Project Approvals of this Agreement City shall promptly notify Owner of any such claim, action or proceeding, and City shall reasonably cooperate in the defense. City may in its discretion participate in the defense of any such claim, action or proceeding If the City uses its discretion to participate in the defense of any such claim, action or proceeding, the City shall pay its own attorneys' fees and litigation costs incurred in that defense. 83 Indemnity. In addition to the provisions of Section 8.2, Owner shall indemnify, defend and hold City, its officer's, agents, employees and independent contractors, engaged in Project planning or implementation, free and harmless from any third- patty liability or claims based of alleged upon any act or omission of Owner, its officers, agents, employees, subcontractors and independent contractors, for property damage, bodily injury of death (Owner's employees included) or any other element of damage of any kind or nature, relating to or arising from development of the Project, except for claims for damages arising through active negligence or willful misconduct of City, its officers, agents, employees and 60093 0002519324655 4 -16- 2014-11-04 Agenda Packet Page 352 independent contractors. Owner shall defend, at Owner's expense, including attorneys' fees, City, its officers, agents, employees and independent contractors in any legal action based upon such alleged acts or omissions of'Owner, City may in its discretion participate in the defense of any such legal claim, action, or proceeding If the City uses its discretion to participate in the defense of'any such claim, action or- proceeding, the City shall pay its own attorneys' fees and litigation costs incurred in that defense. 8.4 Environmental Contamination Owner shall indemnify and hold City, its officers, agents, and employees free and harmless from any liability, based or alleged, upon any act or omission of Owner, its officers, agents, employees, subcontractors, predecessors in interest, successors, assigns, and independent contractors, resulting in any violation of any federal, state or, local law, ordinance or regulation relating to industrial hygiene or to environmental conditions on, under, or about the Property, including, but not limited to, soil and groundwater conditions,and Owner shall defend, at its expense, including attorneys' fees, City, its officers, agents and employees in any action based or asserted upon any such alleged act or, omission. City may in its discretion participate in the defense of any such claim, action, or proceeding. If the City uses its discretion to participate in the defense of any such claim, action or proceeding, the City shall pay its own attorneys' fees and litigation costs incurred in that defense.. 8.5 City to Approve Counsel; Conduct of Liti ag tion With respect to Sections 8.1 through 84, City reserves the right either (a) to approve the attorney(s) that Owner selects, hires, or otherwise engages to defend City, which approval shall not be unreasonably withheld or delayed, or (b) in the City's sole discretion, conduct its own defense with the understanding that Owner's attorneys shall be lead counsel and City's attorneys shall, to the maximum extent feasible, cooperate with Owner's attorneys, lf'City elects to conduct its own defense, Owner shall reimburse City for all reasonable attorneys' fees and litigation costs incurred for such defense Owner, shall have the right to audit all billings for such fees and expenses. 8.6 Survival The provisions of Sections 8 1 through 8 5 inclusive, shall survive the termination, cancellation, or expiration of this Agreement. 9. DEFAULTS AND REMEDIES. 91 Default by Owner. Owner shall be in default of this Agreement if it does any or any combination of the following: 9.1.1 Willfully violates any order, ruling or decision of any administrative or judicial body having jurisdiction over the Property or the Project Owner may contest any such order, ruling or decision by appropriate proceedings conducted in good faith, in which event no default of this 60093 0002519324655 4 -17- 2014-11-04 Agenda Packet Page 353 Agreement shall be deemed to have occurred unless and until there is a final, nonappealable judicial decision that Owner willfully violated such obligation. 9.12 Fails to cure a material breach of this Agreement within the time set forth in a written notice of default fi-om the City, 9.2 Default by City, the City shall be in default of this Agreement only if it fails to cure a material breach of this Agreement within the time set forth in a written notice of'default from the Owner,to the City. 93 Notice and Termination. A Party alleging a default by any other Party shall serve written notice thereof. Each such notice shall state with specificity all of the following: 931 The nature of the alleged default,with reference to the specific Sections of the Agreement that are alleged to have been breached and the specific facts supporting those allegations; 932 The manner in which the alleged default may be satisfactorily cured. 93.3 A period of time in which the default may be cured. The notice of default shall allow at least sixty (60) days to cure the default If the default is of such a nature as not to be susceptible of cure within sixty (60) days using diligent efforts, then the defaulting Party shall only be deemed to have failed to cure the default if it fails diligently to commence such cure within sixty (60) days or if it fails diligently to prosecute such cure to its conclusion. 94 Default Remedies. A Party who complies with the notice of default and opportunity to cure requirements of Section 93 may, at its option, institute legal action to cure, correct, or remedy the alleged default as provided in this Agreement.. i 9.5 Owner's Remedy. The Owner acknowledges that the City would not have entered into this Agreement if it were to be liable in damages under or with respect to all or-any part of the development of the Project Accordingly, Owner shall not sue the other City for damages or monetary relief fbr-any matter related to the development of the Project Owner's litigation remedies shall be limited to declaratory and injunctive relief;mandate, and specific performance. 9.6 City's Remedy In the event of an uncured default by Owner, the City may pursue any and all available legal or equity remedies for the default. 9.7 Waiver; Remedies Cumulative. All waivers of'performance must be in a writing signed by the Party granting the waiver. There are no implied waivers Failure 60093 0002519324655 4 -1$- 2014-11-04 Agenda Packet Page 354 by City or Owner to insist upon the strict performance of any provision of this Agreement, irrespective of the length of time for which such failure continues, shall not constitute a waiver of the right to demand strict compliance with this Agreement in the future A written waiver affects only the specific matter waived and defines the performance waived and the duration of the waiver. Unless expressly stated in a written waiver, future performance of the same or any other condition is not waived. i A Party who complies with the notice of default and opportunity to cure requirements of Section 9.3, where applicable, and elects to pursue a legal or' equitable remedy available under this Agreement does not waive its right to j pursue any other remedy available under this Agreement, unless prohibited by statute, court rules, or judicial precedent Delays, tolling, and other actions arising under Section 11.16 shall not be considered waivers subject to this Section 9.7 9.8 Alternative Dispute Resolution. Any dispute between the Parties may, upon the mutual agreement of the Parties, be submitted to mediation, binding arbitration, or any other mutually agreeable form of alternative dispute resolution. While an alternative dispute process is pending, the statute of limitation shall be tolled for. any claim or cause of action which either of the Parties may have against the other„ I 10. ENCUMBRANCES, ASSIGNMENTS,AND RELEASES. I 10.1 Discretion to Encumber, This Agreement shall not prevent or limit Owner, in any manner, at Owner's sole discretion, from encumbering some or,all of the Property or any improvement on the Property by any mortgage, deed of trust, or other security device to secure financing related to the Property or- the Project Notwithstanding the foregoing, any project or property shall be fiee and clear of all liens and encumbrances other than those previously approved in writing by the City prior to transfer to the City, 102 Mortgagee Protection. City acknowledges that the lender-(s) providing financing secured by the Property and/or its improvements may require certain Agreement interpretations and modifications. City shall, at any time requested by Owner or the lender, meet with Owner and representatives of such lender(s) to negotiate in good faith any such interpretation or modification.. City will not unreasonably withhold or delay its consent to any requested interpretation or, modification provided such intetpr,etation or modification is consistent with the intent and purposes of this Agreement. Any Mortgagee of the Property shall be entitled to the following rights and privileges: 60093 0002519324655 4 -19- 2014-11-04 Agenda Packet Page 355 10.2 1 Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish, or impair the lien of any mortgage or deed of trust on the Property made in good faith and for value, 1022 lf'City timely receives a request from a Mortgagee requesting a copy of any notice of default given to Owner under the terms of this Agreement, City shall provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to Owner The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed Owner under- Section 9.3 of this Agreement 10.23 Except as otherwise provided within this Agreement, any Mortgagee who comes into possession of some or all of the Property pursuant to I fareclosuire of a mortgage or deed of trust, or deed in lieu of such foreclosure or otherwise, shall: 10.2.3.1 Iake that property subject to the terms ofthis Agreement and as Owner's successor; 102.3,2 Have the rights and obligations of an Assignee as set forth in Sections 105.1 and 10.5.3; 10.2.3.3 Have the tight to rely on the provisions of Section 4 of this Agreement, provided that any development proposed by the Mortgagee is in substantial conformance with the terms of this Agreement; and 10.2.3,4 Not be liable for any defaults, whether material or immaterial, or monetary obligations of Owner arising prior to acquisition of title to the Property by the Mortgagee, except that the Mortgagee may not pursue development pursuant to this Agreement until all delinquent and current fees and other- monetary obligations due under this Agreement for the portions of the Property acquired by the Mortgagee have been paid to City 10.3 Estoppel Certificate. Within ten (10)business days following a written request by either of the Patties, the other Party shall execute and deliver to the requesting Party a statement certifying that (i) either this Agreement is unmodified and in full force and effect or there have been specified (date and nature) modifications to the Agreement, but it remains in full force and effect as modified; and (ii) either there are no known current uncured defaults under this Agreement or that the responding Party alleges that specified (date and nature) defaults exist, 60093 0002519324655 4 -20- 2014-11-04 Agenda Packet Page 356 The failure to timely deliver this statement shall constitute a conclusive presumption that this Agreement is in full force and effect without modifications, except as may be represented by the requesting Party and that there are no uncured defaults in the performance of the requesting Party, except as may be represented by the requesting Party The statement shall also provide any other reasonable information requested. Owner shall pay to City all reasonable administrative costs incurred by City in connection with the issuance of estoppel certificates under this Section prior to City's issuance of such certificates.. 10,4 J entity Transfer or Assignment Subject to Section 10.5 and 10..6 each individual enti comprising Owner shall have the right to sell, transfer, or assign its rights and obligations under this Agreement (collectively, an "Assignment") in connection with a transfer of Owner's interest in all, any portion of, or any interest in the Property (the"Iransferred Property"). No Assignment shall be made unless made together with the sale, transfer, or assignment of all or any portion of Owner's interest in the Property. At least fifteen (15) business days prior to the effective date of any Assignment, Owner shall notify City in writing of the proposed Assignment and provide City with an Assignment and Assumption Agreement, in a form substantially similar to Exhibit "G", executed by the purchaser, transferee, or assignee (collectively, the "Assignee")to expressly and unconditionally assume all duties and obligations of Owner under, this Agreement remaining to be performed at the time of the Assignment. I 105 Effect of Assignment. Subject to Section 10 6 and unless otherwise stated within the Assignment, upon an Assignment: 10 5 1 The Assignee shall be liable for the performance of all obligations of Owner with respect to Transferred Property, but shall have no obligations with respect to the portions of the Property, if' any, not transferred (the"Retained Property"). 10.52 The owner of the Retained Property shall be liable for the performance of all obligations of Owner with respect to Retained Property, but shall i have no further obligations with respect to the Transferred Property. 10.53 The Assignee's exercise, use, and enjoyment of the Transferred Property shall be subject to the terms of this Agreement and the Assignee shall have all of the rights under this Agreement to the same extent as if the Assignee were the Owner 106 City's Consent. An Owner shall not be released from its obligations with respect to the Transferred Property until it has obtained the City's consent to the transfer or assignment of all or a portion of this Agreement, which consent shall not be 60093 0002519324655 4 -21- 2014-11-04 Agenda Packet Page 357 unreasonably withheld, conditioned or delayed 11. MISCELLANEOUS PROVISIONS 11.1 Rules of Construction.. The singular includes the plural; the masculine gender includes the feminine; "shall" is mandatory; "may" is permissive 11.2 Binding Effect of Agreement This Agreement shall be recorded against the Property and shall run with the land. Until released or terminated pursuant to the provisions of this Agreement or until Owner has fully performed its obligations arising out of this Agreement, no portion of the Property shall be released from this Agreement. If an Owner, acquires other real property within Village 2, that additional real property shall be subject to this Agreement. 11.3 Entire Agreement This Agreement constitutes the entire understanding and agreement of City and Owner with respect to the matters set forth in this Agreement This Agreement supersedes all negotiations or previous agreements between City and Owner respecting the subject matter of this Agreement 114 Recorded Statement Upon Iermination. Upon the completion of performance of this Agreement or its cancellation or termination, a statement evidencing completion, cancellation, or termination signed by the appropriate agents of City, s shall be recorded in the Official Records of San Diego County, California. 11 5 Amendment or Cancellation of Agreement. This Agreement may be amended from time to time or canceled only by the written consent of'both City and Owner in the same manner as its adoption, as set forth in California Government Code Section 65568. Any amendment or cancellation shall be in a form suitable for recording in the Official Records of San Diego County, California. An amendment or other modification of this Agreement will continue to relate back to the Effective Date of this Agreement (as opposed to the effective date of the amendment or modification), unless the amendment or modification expressly states otherwise. The Parties recognize that because of fragmented ownership within Village 2, amendments to this Agreement may be appropriate to add or delete property to or from this Agreement to reflect consolidations of property by Owner. The Parties agree to cooperate reasonably to process such amendments if the need arises. 11.6 Minor Changes/Operating Memorandum, The provisions of this Agreement require a close degree of cooperation between the Parties. It is anticipated that minor changes to the Project may be required from time to time to accommodate design changes, engineering changes, and other refinements related to the details of the Parties' performance. Minor changes are those changes to the Project that 60093 0002519324655 4 -22- 2014-11-04 Agenda Packet Page 358 are otherwise consistent with the Project Approvals, and which do not result in a change in the type of use, an increase in density or intensity of use, significant new or increased environmental impacts that cannot be mitigated, or violations of any applicable health and safety regulations in effect on the Approval Date. Accordingly, the Parties may mutually consent to adopting minor changes through their signing of an operating memorandum reflecting the minor changes. Neither the minor changes not any operating memorandum shall require public notice or hearing. The City Attorney and City Manager shall be authorized to determine whether proposed modifications and refinements are minor, changes subject to this Section or more significant changes requiring amendment of this Agreement.. The City Manager may execute any operating memorandum for minor changes without City Council action Minor changes would include, without limitation, minor, boundary or lot line adjustments necessary to properly 1 reflect the applicability of this Agreement in the chain of title 11.7 Project as a Private Undertaking. It is specifically understood by City and Owner that (i)the Project is a private development; (ii)City has no interest in or responsibilities for or duty to third parties concerning any improvements to the Property unless City accepts the improvements pursuant to the provisions of this Agreement or in connection with subdivision map approvals; and (iii) Owner shall have the full power and exclusive control of the Property, subject to the obligations of Owner set forth in this Agreement. 11,8 Incorporation of Recitals. Each of the Recitals set forth at the beginning of this Agreement are part of this Agreement. a 119 Captions The captions ofthis Agreement are for convenience and reference only and shall not define, explain, modify, construe, limit, amplify, or aid in the interpretation, construction, or meaning of any of the provisions of this Agreement 11 10 Consent. Where the consent or approval of City or Owner is needed to implement Development under this Agreement, the consent or approval shall not be unreasonably withheld, delayed,or conditioned. 11 11 Covenant of Coopetation City and Owner shall cooperate and deal with each other in good faith and assist each other in the performance of the provisions of this Agreement 11 12 Execution and Recording The City Clerk shall cause a copy of this Agreement or, at the City's discretion, a notice of the Agreement, to be signed by the appropriate representatives of the City and recorded with the Office of the County Recorder of San Diego County, California, within ten (10) days following the Effective Date. The failure of the City to sign and/or record this Agreement of- 60093 0002519324655 4 -231- 2014-11-04 Agenda Packet Page 359 notice thereof shall not affect the validity of and binding obligations set forth within this Agreement 11. 13 Relationship of'City and Owner. The contractual relationship between City and Owner arising out of this Agreement is one of independent contractor and not agency This Agreement does not create any third-party beneficiary rights 11 .14 Notices. All notices, demands, and correspondence required or permitted by this Agreement shall be in writing and delivered in person, sent by electronic mail, or mailed by first class or certified mail, postage prepaid, addressed as follows: If to City,to: City of'Chula Vista 276 F ourth Avenue Chula Vista,California 91910 Attn: City Manager- With a copy to: City Attorney City of'Chula Vista 276 Fourth Avenue Chula Vista,California 91910 If to Owner,to: Baldwin& Sons, LLC 610 West Ash Street, #1500 San Diego, California 92101 Attn: Mr Nick Lee AND Sunranch Capital Partners, LLC 610 West Ash Street,#1500 San Diego, California 92101 Attn: Mr. Stephen Haase With a copy to: Law Offices of R.Martin Bohl 501 West Broadway, Suite 520 San Diego, California 92101 Attn: R.Martin Bohl City or Owner may change its address by giving notice in writing to each of'the other names and addresses listed above. Thereafter, notices, demands, and correspondence shall be addressed and transmitted to the new address Notice 60093 0002519324655 4 -24- 2014-11-04 Agenda Packet Page 360 shall be deemed given upon personal delivery, the date of actual receipt or, if mailed, not later than two (2) business days following deposit in the United States mail. 11 15 Waiver of Riaht to Protest. Execution of this Agreement is made by Owner without protest Owner knowingly and willingly waives any rights it may have under Government Code section 66020 or any other provision of law to protest the imposition of any fees, dedications, reservations, or other exactions imposed on the Project as authorized by this Agreement, the Project Approvals or the Subsequent Project Approvals 11.16 Delay for Events Beyond the Parties' Control (Force Majeure) Delay of Performance by either Party of its obligations under this Agreement shall not be deemed a breach of the Agreement and the Term shall be extended, for periods equal to the time during which (1) litigation is pending which challenges any matter, including compliance with CEQA or any other local, state, or federal law, related in any way to the approval or implementation of all or any part of the Project Approvals or Subsequent Project Approvals. Any such extension shall be equal to the time between the filing of litigation, on the one hand, and the entry of final judgment or dismissal, on the other. All such extensions shall be cumulative; (2) a delay is caused by reason of any event that cannot reasonably j anticipated or controlled by the City or Owner which prevents or delays performance by City or Owner of obligations under this Agreement Such events shall include, by way of example and not limitation, acts of nature, riots, strikes, or damage to work in process by reason of fire, mud, rain, floods, earthquake, or other such casualties. Such an event does not include a market or business downturn, recession or other change in the business cycle. 60093 0002519324655 4 -25- 2014-11-04 Agenda Packet Page 361 If'City or Owner seeks excuse from performance for the period of a delay, it shall provide written notice of such delay to the other within thirty (30) days of the commencement of such delay. If the delay or default, whether material or immaterial, is due to an event that cannot be reasonably anticipated or controlled by City or Owner, it shall be excused, and an extension of time for such cause shall be granted in writing for- the period of the enforced delay, or longer as may be mutually agreed upon. In the event of a disagreement between the Parties with respect to whether this Section applies to a particular delay, a Party may file an action for judicial review of'the matter, including requests for declaratory and/or. in relief. The right to seek judicial review shall not limit any other remedies, whether legal or equitable,to which a Party may be entitled. 11.17 Interpretation and Governing Law. In any dispute regarding this Agreement, the Agreement shall be governed and interpreted in accordance with the laws of the State of California. Venue for any litigation concerning this Agreement shall be in San Diego County, California 11 18 Time of Essence Time is of the essence in the performance ofthe provisions of this Agreement as to which time is an element 11.19 Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the Parties and their,respective successors and assigns.. 11 20 Future Litigation Expenses. 11-201 Payment to Prevailing Party. If either Party brings a legal or equitable proceeding against the other Party which atises in any way out of this Agreement, the prevailing Party shall be entitled to recover its reasonable attorneys' fees and all other reasonable costs and expenses incurred in that proceeding 1120.2 Scope of Fees. Attorneys' fees under this Section shall include attorneys' fees on any appeal and in any post-judgment proceedings to collect or enforce the judgment. This provision is separate and several and shall survive the termination of this Agreement. 12. EXHIBIIS All exhibits attached to this Agreement are incorporated as a part of this Agreement. Those exhibits are: i Exhibit Description "A" Legal Description and Depiction of the Property "B" Genet al Description and Depiction of the Project 60093 0002519324655 4 -26- 2014-11-04 Agenda Packet Page 362 "C" Listing of Project Approvals "D" Listing of Anticipated Subsequent Project Approvals Description of Possible P-5 Swim Facility "F" Public Benefit Contribution Table "G" Assignment and Assumption Agreement (Signatures on following page) 60093 0002519324655 4 -27- 2014-11-04 Agenda Packet Page 363 Owner and City have executed this Agreement on the dates set forth below.. CITY OWNER CITY OF CHULA VISIA, a California charter [signature blocks next two pages] city and municipal corporation By: Mayor Date: ATTEST: By: City Clerk APPROVED AS TO FORM: By: City Attorney 60093 0002519324655 4 -28- 2014-11-04 Agenda Packet Page 364 VILLAGE II OF OTAY HB SUB a California general partnership By: Village II of'Otay, L P., a Delaware limited partnership, Its: Managing General Partner By: Village II of Otay GP, LLC, a Delaware limited liability company, Its: General Partner By: Name: Nick Lee Title: Senior Pr'oj ect Manager OTAY RANCH II SUN 12, LLC a Delaware lim' e liability company By: Name: Nick Lee i Title: Senior Project Manager OTAY RANCH VILLAGE 11-PC-15, LLC a Delaware limited liability company By: Heritage Building and Development, Inc., a California corporation Its: Agent By: Name- Title: enior roject Manager 60093 0002519324655 4 -29- 2014-11-04 Agenda Packet Page 365 VILLAGE II OF OTAY,L.P, a Delaware limited partnership By: Village II of Otay GP, LLC a Delaware limited liability company Its: General Partner By: Name: Nick Lee Iitle: Senior Project Manager SUNRANCH CAPITAL PARTNERS,LLC a Delaware limited liability company By: SunPac Advisors, LLC Its: Manager By: /ZZ& Name: Nick Lee Title: Senior Project Manager MONTECITO VILLAGE, LLC a California limite liability company By: Name: Nick Lee Title: Senior Project Manager 60093 0002519324655 4 -30- 2014-11-04 Agenda Packet Page 366 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 4 I State of California 4 County of San Diego October- 30, 2014 Cr•istin Beall, Notary Public On before me, Date Here insert Name and Title of the Officer personally appeared Nick Lee Names)of Signor{s) who proved to me on the basis of satisfactory evidence to be the person(W whose name4) is/aret subscribed to the within instrument and acknowledged to me that helsheltlaey executed the same in CRISTIN SEALL his/ham­authorized capacity¢ias), and that by _ Commission# 1996057 his/he4 Wr signature( on the instrument the a= a Notary Public-California „ Z {� z person( or the entity upon behalf of which the San Diego County personW) acted, executed the instrument My Comm.Expires Nov 25,2016 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., Signature: Place Notary Seal Above Signature of Notary Public OPTIONAL i Though the information below is not required by law, it may prove valuable to persons relying on the document i and could prevent fraudulent removal and reattachment of this form to another document j Description of Attached Document Title or Type of Document: Village 2 Development A_gr-eement not yet dated Document Date: Number of Pages: 42 1 Signer(s) Other Than Named Above: City Qf Chula Vista Capacity(les) Claimed by Signer(s) l I Signer's Name: Nick Lee Signer's Name: I 1 Corporate Officer — Title(s): Senior, P40' tr ❑Corporate Officer —Title(s): Individual ❑ Individual El Partner— ❑Limited 1:1 General Top of lhumb here ❑ Partner — ❑ Limited 'L-1 General Top of thumb here i F Ll Attorney in Fact ❑Attorney in Fact iJ Trustee ❑Trustee 4 © Guardian or Conservator ❑ Guardian or Conservator D Other: LJ Other: Signer Is Representing: Signer Is Representing: fi ©2010 Natfonal Notary Association•NationalNotary erg 1-800-LS NOTARY(1-800-876-6827) Item#5907 2014-11-04 Agenda Packet Page 367 EXHIBIT"A" LEGAL DESCRIPTION AND DEPICTION OF THE PROPERTY EXHIBII A 60093 0002519324655 4 2014-11-04 Agenda Packet Page 368 Exhibit A VILLAGE TWO OWNERSHIP-DEVELOPMENT AGREEMENT Owner Legal Description Village Il of Otay HB SUB, GP Lots 34, 35 and 41 of Chula Vista Tract No 11-05 Otay Ranch Village 2 North "A" Map No 2 and Otay Ranch Village 2 North Neighborhood R-5B Unit No 1,in the City of Chula Vista, County of San Diego,State of California according to Map thereof No. 15865 filed in the office of the County Recorder of said county May 7, 2012 Lots 26 and 31 of Chula Vista Tract No, 06-05 Otay Ranch Village 2 and Portions of Village 4"A" Map, in the City of Chula Vista, County of San Diego,State of California,according to Map thereof No 15350 filed in the office of the County Recorder of said county May 26, 2006. Otay Ranch II Sun 12, LLC Lot 1 of Chula Vista Tract No.06-05 Otay Ranch Village 2 and Portions of Village 4"A" Map, in the City of Chula Vista, County of San Diego,State of California, according to Map thereof No 15350 filed in the office of the County Recorder of said County May 26, 2006. Otay Ranch Village II-PC-15, LLC Lots"E" and "F" of Chula Vista Tract No 06-05 Otay Ranch Village 2 Neighborhood R-15A, in the City of Chula Vista,County of San Diego, State of California, according to Map thereof No. 15862 filed in the office of the County Recorder of said county April 4, 2012. Village II of Otay, L.P Lots 28 and 33 of Chula Vista Tract No..06-05 Otay Ranch Village 2 and Portions of Village 4"A" Map,in the City of Chula Vista, County of San Diego,State of California, according to Map thereof No. 15350 filed in the office of the County Recorder of said county May 26, 2006. SunRanch Capital Partners, LLC Lot 30 of Chula Vista Tract No 06-05 Otay Ranch Village 2 and Portions of Village 4 "A" Map, in the City of Chula Vista, County of San Diego,State of California, according to Map thereof No 15350 filed in the office of the County Recorder of said county May 26, 2006. Montecito Village, LLC Lots 4, 5, 9, and 14 of Chula Vista Tract No 06-05 Otay Ranch Village 2 and Portions of Village 4 "A" Map, in the City of Chula Vista,County of San Diego,State of California, according to Map thereof No 15350 filed in the office of the County Recorder of said county May 26, 2006. 10/17/14 2014-11-04 Agenda Packet Page 369 Exhibit A s i m m N Slate S[reet i m o oQa� '•�' a O� o gyp. I i i i North n � s LEI I� I C 500 Mwu Dimensions E L—,i—Sh- -App—ma[e I LEGEND ® Owner's Property 2014-11-04 Agenda Packet Page 370 EXHIBIT "B" GENERAL DESCRIPTION AND DEPICTION OF THE PROTECT EXHIBIT B 60093 0002519324655 4 2014-11-04 Agenda Packet Page 371 Exhibit B R-12A ga^� R-12B Chula Vista rS' Fire Station#7 m Otay Ranch R-13 VILLAGE OF HERITAGE / Hl9h School VILLAGE OF (Village 1) l' SANTA VENETIA QS11'� n R-30 {Village 8} OS/1 R-8A R SC "P3 ve M 3 Birch -7 o State St reet Road R-8B cP ! �• R-7A R-9R a56 4 C-1 MU 'r R-29 -2 v cP R-9A p m i R-6 sp R-11 d aa1 OS/1 R-9A �' S-1 R-14 0 �Q�cQ R 4B(b) s SCHOOL �3 Day o P-2 p hi P R-15B HERITAGE HILLS R 4B(a) da R-28 R i8A~ - R- (Village One West) R- {a) „ 15A R-4A R48 MU-1 R- 17A R(b) 4 511 (b) ( b \ i 7 R-5A P-1 Rfb7B 17H a) ( ) V } (i) B o R-19A aR-18B R{bBB P-8 , �✓ 1.., R-27 a 1 -- IND-1A P-5 i 1� IND-1B R-25A R- S, SCHOOL 21 f�, . Preserve CP_F-8 OS/2 J _J i" IND-2 I OTAY ° R-24 P-4 LANDFILL rCPF-9 i North R- ''` - VILLAGE 4 Landfill Buffer Line-;> OS11 21 B IND-3 OS TL-177 o' ;oo iaoo Dimensions&Lac:ions SI.,- -Approximate LEGEND R Residential S School P Park CPF Community Purpose Facility OS Open Space C Commercial PQ Public/Quasi-Public MU Mixed Use IND Industrial 2014-11-04 Agenda Packet Page 372 EXHIBIT "C" LISTING OF PROJECT APPROVALS 1. Otay Ranch Villages Two, Three, and a Portion of Village Four Sectional Planning Area Plan Final Second Tier Environmental Impact Report (EIR 02-02) 2 Supplemental Environmental Impact Report(SEIR-12-01) 3 The Village 2 Sectional Planning Area (SPA) Plan as amended (PCM 12-18) 4 Tentative Map for Otay Ranch Village 2 (PCS 06-05) 5 Tentative Map for Otay Ranch Village 2 North (PCS 12-02) 6 Tentative Map fbr Otay Ranch Village 2 West(PCS 12-03) 7. Tentative Map for Otay Ranch Village 2 R-15b and R-31 (PCS 12-04) 8. Ientative Map for Otay Ranch Village 2 South(PCS 12-05) 9. Otay Ranch Village 2 Development Agreement( ) 10.. Otay Ranch Village 2 Parks Agreement( ) 11. All design review approvals and grading, improvement and building permits issued in connection with the above approvals I i I i I i I EXHIBIT C 60093 00025\9324655 4 2014-11-04 Agenda Packet Page 373 EXHIBIT"D" LISTING OF ANTICIPATED SUBSEQUENT PROJECT APPROVALS No Subsequent Project Approvals are anticipated other than design review approvals and grading, improvement and building permits issued pursuant to the Project Approvals. EXHIBIT D 60093 0002519324655 4 2014-11-04 Agenda Packet Page 374 ......... EXHIBIT"E" DESCRIPTION OF POSSIBLE SWIM FACILITY AMENITIES A public swim club designed and constructed by Owner could include the following facilities/amenities to the satisfaction of the City Manager: • 25 yard, 8 lane pool with a minimum surface pool area of 5,000 sf- • Wading pool or splash pad amenity; • Water slides/play structure and a water exercise area; a Pool decking with public viewing area • Shade structures • Administrative office space; 0 Lifeguard office; • Restrooms/changing rooms; • Shower facilities; • Storage space; • Pool equipment room; • Snack bar and concession stand All buildings and required parking will be designed to meet the standards of the Village Design Plan and the Montecito Village Core Master Precise Plan. All facilities shall be fully ADA accessible. A parking study shall be provided to demonstrate adequate onsite parking will be provided to serve the facility. EXHIBII E 60093 0002519324655 4 2014-11-04 Agenda Packet Page 375 EXHIBIT "F" PUBLIC BENEFIT CONTRIBUTION TABLE Neighborhoods/units subject to extr-aordinary benefit contribution: Neighborhood Total Units R-413(a) 111 R-4B(b) 275 R-8C 51 R-12 600 R-16B 17 R-1713(a) 34 R-176(b) 95 R-18A(b) 24 R-186(b) 5 R-196 39 R-20 80 R-21B 53 R-23 93 R-24 S9 R-25A 330 R-27 175 R-31 25 MU-1 38 MU-2 50 MU-3 90 C-1 235 Total Units 2479 Fee amount: Contribution Units Total Amount Contributing Contribution Units 1-2129 $2,846.41 2129 $6,060,000 Units 2130-2479 $5,000.00 350 $1,750,000 Total 2479 $7,810,000 Neighborhoods R-513, R-6, R-8A, R-813, R-913, R-10A, R,1013,R-11, R-13, R14 &R-15b are exempt from extraordinary benefit contribution, EXHIBII F 60093 0002519324655 4 2014-11-04 Agenda Packet Page 376 _. ............ EXHIBIT "G" ASSIGNMENT AND ASSUMPTION AGREEMENT i i EXHIBIT G 60093 0002519324655 4 2014-11-04 Agenda Packet Page 377 ......... ...... .... ASSIGNMENT AND ASSUMPTION OF DEVELOPMENT AGREEMENT IHIS ASSIGNMENT AND ASSUMPTION OF DEVELOPMENT AGREEMENT ("Assignment") is made as of the _ day of , 20_ ("Effective Date"), by and among the ("Owner") and ("Assignee")with reference to the following facts: RECITALS A. Owner is a party to that certain Development Agreement, dated by and between the City of Chula Vista ("City"), on the one hand, and [list all owners] ("Owner") on the other hand ("Agreement") for certain real property consisting of approximately acres of land located in the City, more particularly described in Exhibit"A" ("Property") B Owner desires to assign and delegate, and Assignee desires to accept and assume, all of Owner's tights and obligations under the Agreement in accordance with the terms and conditions set forth herein. I C. By signing this Assignment, the City approves the Assignment in accordance with the terms and conditions set forth herein and in the Agreement. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of' !, which are hereby acknowledged, Owner and Assignee do hereby agree as follows: 1 Assignment and Assumption. Effective as of the Effective Date, Owner hereby assigns, transfers, and conveys to Assignee all of Owner's rights, interest, duties, liabilities, and obligations in, to, and under the Agreement, and Assignee hereby accepts and assumes all such rights, interests, duties, liabilities, and obligations under the Agreement from Owner for [the Property or a portion of the Property] ("Assigned Property") [, except to the extent Owner has retained a portion of the Property (the"Retained Property")], 2. City Consent to Assignment Effective as of the Effective Date, City hereby consents to the Assignment and hereby fully releases and forever discharges Owner from any and all obligations to City under the Agreement for the Assigned Property, [except Owner's obligations with respect to the Retained Property]. 3. Entire A reement This Agreement represents the final and entire agreement between the parties in connection with the subject matter hereof; and may not be modified except by a written agreement signed by both Owner and Assignee. 3. Governing Law This Agreement has been prepared, negotiated, and executed in, and shall be construed in accordance with, the laws of the State of California, without regard to conflict of law rules. EXHIBIT G-1 00093 0002519324655 4 2014-11-04 Agenda Packet Page s ....... .. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written Owner: By: Assignee: By: Name: Its: City: City of'Chula Vista, a California Municipal Corporation By: Name: Its: EXHIBIT G-2 60093 0002519324655 4 2014-11-04 Agenda Packet Page 379 D e v e l o p m e n t 5 e r v i c e s D e p a r t m e n t Planning Division f Development Processing CITY of CHULAVISIA APPLICATION APPENDIX B Disclosure Statement - Baldwin & Sons, LLC Pursuant to City Council Policy 101-01,prior to any action on a matter that requires discretionary action by the City Council,Planning Commission or other official legislative body of the City,a statement of disclosure of certain ownerships, financial interest, payments,and campaign contributions must be filed The following information must be disclosed: 1, List the names of ail persons having a financial interest in the project that is the subject of the application,project or contract(e g,owner,applicant,contractor,subcontractor, material supplier) Village II of Otay HB Sub BB Development, LLC Village 11 of Otay, LP RBJB Development, LLC i z„ If any person*identified in section 1.above is a corporation or partnership,list the names of all individuals with an investment of$2000 or more in the business(corporation/partnership) entity. Al Baldwin Steven E. Baldwin Shawn M. Baldwin Ronald J. Baldwin Randall Bone '3. If any person*identified in section 1 above is a non-profit organization or trust, list the names of any person who is the director of the non-profit organization or,the names of the trustee, beneficiary and trustor of the trust, N/A 4, Please identify every person, including any agents,employees,consultants,or independent contractors,whom you have authorized to represent you before the City in this matter Stephen Haase (B&S, LLC) _ Alisa Vialpando(H&A) Zach Adams (B&S LLC) _ Dave Hammar H&A Troy Burns (H&A) 51 Has any person*identified in 1.,2,3.,or,4,above,or otherwise associated with this contract,project or application,had any financial dealings with an official**of the City of Chula Vista as it relates to this contract, project or application within the past 12 months? Yes No X If yes, briefly describe the nature of the financial interest the official— may have in this contract. ATTACHMENT IZ 2014-11-04 AgendaPackeJ76 Fourth Avenue Chula vista- I-r L'fnrnia 91910 I (619) 591.s101 Page 380 e v e l o p m e n t S e r v i c e s D e p a r t m e n t Planning Division I Development Processing CITY OF .. ._ CHUTAVISTA APPLICATION APPENDIX B Disclosure Statement - Page 2 Baldwin & Sons, LLC fi, Has any person*identified in 1.,2, 3.,or 4.,above,or otherwise associated with this contract,project or application, made a campaign contribution of more than $250 within the past(12) months to a current member of the City of Chula Vista Council ? Yes X No if yes which council member? Pamela Bensoussan, Patricia Aguilar 7., Has any person*identified in 1 ,2,3,or 4_,above,or otherwise associated with this contract,project or application, provided more than $420 (or an item of equivalent value)to an official**of the City of Chula Vista in the past(12) months? (This includes any payment that confers a personal benefit on the recipient,a rebate or discount in the price of anything of value, money to retire a legal debt, gift, loan, etc..) Yes No X I If yes,which official** and what was the nature of the item provided? S„ Has any person *identified in 1 ,2.,3, or 4.,above,or otherwise associated with this contract,project or application, been a source of income of$500 or more to an officiaf**of the City of Chula Vista in the past(12) months? Yes No X If yes,which official** and the nature of the item provided? i Date 7, r C Signature o Contractor/A plicant ' Baldwin &Sons, LLC _ Print or type name of Contractor/Applicant Person is identified as:any individual,firm,co-partnership,joint venture,association,social club, fraternal organization,corporation,estate,trust,receiver,syndicate,any other county,city,municipality, district, or other political subdivision,or any other group or combination acting as a unit. * official includes,but is not limited to: Mayor,Council member,Planning Commissioner,Member of a board,commission or committee of the City,and City employee or staff members. This disclosure Statement must be completed at the time the project application,or contract,is submitted to City staff for processing,and updated within one week prior to consideration by legislative body Last Updated: March 16,2010 Form APP.B Rev D3,70 276 Fourth Avenue Chula Vista California 91910 (619) 691 5161 ayvz 2014-11-04 Agenda Packet Page 381 D e v e l o p m e n t S e r v i c e s D e p a r t m e n t Planning Division I Development Processing CITY OF CHULA VISTA APPLICATION APPENDIX B Disclosure Statement - SunRanch Capital Partners, LLC Pursuant to City Council Policy 101-01,prior to any action on a matter that requires discretionary action by the City Council,Planning Commission or other official legislative body of the City,a statement of disclosure of certain ownerships,financial interest, payments,and campaign contributions must be filed. The following information must be disclosed: a. List the names of all persons having a financial interest in the project that is the subject of the application, project or contract(e g,owner,applicant, contractor,subcontractor, material supplier). SunPac Advisors, LLC ASSR Pacific Investments, LLC i 2. If any person*identified in section 1 above is a corporation or partnership, list the names of all individuals with an investment of$2000 or more in the business (corporation/partnership) entity. Ronald J. Baldwin Steven E. Baldwin Shawn M. Baldwin Randall Bone I 3. If any person*identified in section 1 above is a non-profit organization or trust,list the names of any person who is the director of the non-profit organization or the names of the trustee, beneficiary and trustor of the trust. N/A I i 4, Please identify every person, including any agents,employees,consultants,or independent contractors,whom you have authorized to represent you before the City in this matter. _Stephen Haase (B&5, LLC) _ _ Alisg Vialpando(H&A).__ Zach Adams(B&S, LLC) _ Dave Hammar(H&A) Troy Burns (H&A) 5. Has any person *identified in 1 ,2,3.,or 4,above,or otherwise associated with this contract,project or application,had any financial dealings with an official**of the City of Chula Vista as it relates to this contract,project or application within the past 12 months? Yes No X If yes,briefly descrlbe the nature of the financial interest the official** may have in this contract, LPg App.B 03.10 276 Fourth Avenue I Chula Vista California 91910 I (519) 691 5101 112 page 382 2014-11-04 Agenda Packet D e v e l o p m e n t S e r v i c e s D e p a r t m e n t Planning Division I Development Processing cyry OF CHUlAVISTA APPLICATION APPENDIX 8 n Disclosure Statement - Page 2 SunRanch Capital Partners, LLC G. Has any person identified in 1.,2,3.,or 4,above,or otherwise associated with this contract, project or application, made a campaign contribution of more than $250 within the past(12) months to a current member of the City of Chula Vista Council ? Yes X No if yes which council member? Pamela Bensoussan Patricia Aguilar 7. Has any person-"identified in 1 ,2,3, or 4,above,or otherwise associated with this contract, project or application, provided more than $420(or an item of equivalent value)to an official*of the City of Chula Vista in the past(12) months? (This includes any payment that confers a personal benefit on the recipient,a rebate or discount in the price of anything of value, money to retire a legal debt,gift, loan, etc.) Yes No X If yes,which official** and what was the nature of the item provided? 8. Has any person*'identified in 1.,2., 3 , or 4,above, or otherwise associated with this contract,project a or application, been a source of income of$500 or more to an official"of the City of Chula Vista in the past(12) months? Yes No X If yes,which official'*' and the nature of the item provided? i I I I i r I i Date Signature of&ntractorTA p Iicant Baldwin & Sons, LLC Print or type name of Contractor/Applicant III * Person is identified as:any individual,firm,co-partnership,joint venture, association,social club, fraternal organization,corporation,estate,trust, receiver, syndicate,any other county,city,municipality, district,or other political subdivision,or any other group or combination acting as a unit. ** official includes, but is not limited to: Mayor, Council member, Planning Commissioner,Member of a board,commission or committee of the City,and City employee or staff members ** This disclosure Statement must be completed at the time the project application,or contract,is submitted to City staff for processing,and updated within one week prior to consideration by legislative body. Last Updated. March 16,2010 App.6 Rev 03.10 2014-11-04 AgendaPacke> 76 Fourth Avenue Chula Vista_ ajifornia I 91910 I (619) 691 5101 P9 Z12 Page 383 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0574, Item#: 10. CONSIDERATION OF APPROVING THE AGREEMENT REGARDING CONSTRUCTION OF CERTAIN PARKS RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AGREEMENT REGARDING CONSTRUCTION OF PARKS P-1 , P-2, P-3, P-5 AND P-6 IN A PORTION OF OTAY RANCH VILLAGE 2 BETWEEN THE CITY AND OTAY RANCH VILLAGE 2 MASTER DEVELOPER RECOMMENDED ACTION Council adopt the resolution. SUMMARY This report presents the Village 2 Parks Agreement which will enable Neighborhood Parks in Village 2 to be delivered to the City by the developer as "turnkey" parks. Staff recommends approval of the agreement. ENVIRONMENTAL REVIEW The Development Services Director 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 the previously adopted Final Second Tier Environmental Impact Report, No. 07-01 and Final Environmental Impact Report No. 12-01 . Thus, no further environmental review or documentation is required. BOARD/COMMISSION RECOMMENDATION N/A DISCUSSION Background The Otay Ranch General Development Plan/Sub Regional Area Plan was originally adopted by Chula Vista City Council and the San Diego Regional Board of Supervisors on October 28, 1993. On May 23 2006, City Council approved the Village of Montecito & Otay Ranch Business Park Sectional Planning Area Plan (SPA) for Villages Two, Three and a portion of Village 4. In January 2012, amendments were approved to the SPA to accommodate an additional 197 dwelling units. Recently approved, is a further revision of the SPA plan to increase the number of dwelling units by 1 ,562 units. City of Chula Vista Page 1 of 3 Printed on 10/30/2014 istar 2014-11-04 Agenda Packet powered by Leg age 384 File#: 14-0574, Item#: 10. Park obligations in the current SPA plan, as stated in Chapter 17.10 of the Municipal Code, are being met through the dedication of parkland by developers and the payment of park development fees. The 2014 supplemental PFFP requires compliance with Chapter 17.10 of the Municipal code by the payment of PAD Fees. In recent years, the method of park delivery that has been used has been through the design/build process. In house staff has designed the overall landscape master plan for the park which, after approval, has been further developed and constructed by a design/build contractor. (The following parks were or are being developed through the design/build process; Harborside Park, All Season's Park and Orange Park.) At the Millennia development, the parks are being provided by the "Turnkey" method, whereby the developer does all the design, bidding and construction of the park in accordance with City approved drawings, and delivers completed parks to the City to meet their park obligation in lieu of paying fees. In 2014, the City met its growth management threshold of 3 acres of park provision per 1000 persons in Eastern Chula Vista. However, staff has identified that Village Two Neighborhood Parks need to be completed at the earliest possible opportunity in order to keep park provision in line with population growth projections. Baldwin and Sons believe that they can expedite the delivery of Village Two neighborhood parks if they deliver completed Neighborhood Parks in a "Turnkey" manner in lieu of paying PAD fees. This will allow more efficient use of staff while still ensuring delivery of quality parks. The first of the Neighborhood Parks, P-3, has a master plan already approved by the Parks and Recreation Commission, which will be brought to City Council for approval at a later date. The Developer will then appoint a Landscape Architect to prepare construction drawings, which are estimated to take approximately 6 months to approve. The City and Developer teams will work closely to make the design and plan check approval process efficient. Construction will take approximately 9 additional months, with a maintenance establishment period of 12 months to establish the planting and turf beyond that. Subsequent park delivery will be triggered by thresholds stated in the Parks Agreement and its attachments. The Park Agreement attached to this report formalizes the manner in which Baldwin and Sons will provide Turnkey Neighborhood Parks and addresses the reimbursement of park development fees that have already been paid to the City. 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 of this action. Staff is not independently aware, nor has staff been informed by any City Councilmember, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. (See Attachment 1 - City of Chula Vista Page 2 of 3 Printed on 10/30/2014 istar 2014-11-04 Agenda Packet powered by Leg age 385 File#: 14-0574, Item#: 10. Conflicts Map Otay Ranch Village 2) 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 provision of neighborhood parks through this agreement addresses the Healthy Community goal as it seeks to provide recreational opportunities for residents. Well used neighborhood parks within a community help foster more secure, strong and connected communities. CURRENT YEAR FISCAL IMPACT There is no current fiscal year impact to the City created by this agreement. The agreement does require a subsequent reimbursement agreement to set forth the terms by which the developer may be reimbursed for Village 2 PAD fees previously collected. ONGOING FISCAL IMPACT This agreement enables the provision of Turnkey Neighborhood Parks in Village 2, meaning that the developer builds the Neighborhood Parks on behalf of the City to meet their park obligations. Since approval of this agreement represents only approval for the method of delivery of Neighborhood Parks, it will neither raise nor lower operations and maintenance demands on the general fund. Public Works staff estimates that a typical neighborhood park costs $12,500 per acre per year to maintain, which will be offset by revenues from the development. When analyzed, the Village 2 Fiscal Impact Analysis finds that there are no anticipated impacts to the General Fund. ATTACHMENTS Attachment 1 Conflicts Map Otay Ranch Village 2 Attachment 2 Agreement Regarding Construction of Parks P-1, P-2, P-3, P-5 and P-6 in a Portion of Otay Ranch Village 2 Attachment 3 Resolution Staff Contact: Mary Radley 619 407 3542 City of Chula Vista Page 3 of 3 Printed on 10/30/2014 istar 2014-11-04 Agenda Packet powered by Leg age 386 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPR VAL THE CITY OUNCIIf Gl n R. Googins City Attorney Dated: j D 31 ! AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND BALDWIN & SONS REGARDING CONSTRUCTOIN OF PARKS P-1, P-2, P-3 AND P-b IN A PORTION OF OTAY RANCH VILLAGE 2 2014-11-04 Agenda Packet Page 387 Recording Requested By: and When Recorded Mail To: City Clerk City of Chula Vista 276 Fourth Avenue Chula Vista, California 91910 EXEMPT FROM RECORDER'S FEES Pursuant to Government Code§6103 (ABOVE SPACE FOR RECORDER'S USE ONLY) AGREEMENT REGARDING CONSTRUCTION OF PARKS P-1,P-2, P-3,P-5 and P-6 IN A PORTION OF OTAY RANCH VILLAGE 2 THIS AGREEMENT REGARDING CONSTRUCTION OF PARKS IN A PORTION OF OTAY RANCH VILLAGE 2 ("Agreement") is made as of this day of 2014, by and between the CITY OF CHULA VISTA, a California municipal corporation and charter city ("City"), BALDWIN & SONS, a California limited liability company ("Baldwin & Sons"), and the entities comprising the "Master Developer" as defined in Section 1.9 below, (together, "Master Developer"), with reference to the following facts: A. Otay Ranch is a master planned community within City that consists of various "Villages." A portion of Otay Ranch, called Village 2 ("Village 2"), will consist of a mixture of residential, retail, industrial, employment, civic, and cultural uses. B. Master Developer owns approximately 75 percent of the Village 2 residential units. The legal description of the approximately 327 acres of Village 2 owned by Master Developer("Master Developer Property"), which is the subject of this Agreement, is described on Exhibit A-I attached and shown on Exhibit A-2 attached. C. California Government Code §§66477, et seq. (the "Quimby Act") and the City's Parklands and Public Facilities Ordinance [Chula Vista Municipal Code ("CVMC") Chapter 17.10 et seq.] ("PLDO"), as amended, require that development projects provide land and improvements for neighborhood and community parks and recreational facilities, allow for a credit against the payment of fees or dedication of land if the subdivider provides park and recreational improvements, and permit the City to require a combination of dedication and payment of in-lieu fees if the City determines that the combination would better serve the public. D. The Quimby Act, the PLDO and the Otay Ranch General Development Plan ("GDP") parks and open space policies require that Village 2 provide three (3) acres of neighborhood and community parks per 1,000 residents. These requirements have been and will be imposed on the Master Developer Property, along with those portions of Village 2 owned by others, through conditions of approval of tentative maps and supplemental subdivision improvement agreements. 1 2014-11-04 Agenda Packet Page 388 E. Master Developer has complied with its park obligations for those residential units for which building permits have already been issued in accordance with the PLDO. F. In lieu of continuing to pay the development portion of the PAD Fees for its development in Village 2, Master Developer would like to satisfy its park requirements by providing Neighborhood Parks (defined below) in Village 2 in "Turnkey" condition (defined below), on the terms and conditions of this Agreement. G. Five (5) public Neighborhood Parks planned in Village 2 are shown conceptually on Exhibit B. In addition, the parties anticipate that additional Neighborhood Parks in Village 2 will be identified in future SPA plan amendments initiated by Master Developer from time to time. H. The parties intend by this Agreement to give Master Developer the right to satisfy park requirements for the Eligible Neighborhoods (defined below) by providing Neighborhood Parks in Village 2 in "Turnkey" condition, in the manner described in this Agreement. 1. This Agreement does not increase or decrease any park obligations but instead clarifies responsibility for the delivery of completed parks by addressing the park design, park construction, bonding, reimbursements, and the level of amenities to be provided. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: 1 Definitions. In addition to terms defined in the Recitals, the following terms shall have the indicated definitions throughout this Agreement: 1.1 "Budget" means the balance of PAD Fees deferred, identified on the Tracking Table, at the time a Neighborhood Park is required based on the number of EDUs for which permits have been issued. 1.2 "Commence Construction" means a construction permit or other such approval necessary to commence construction has been issued by the City and construction staging has begun. 1.3 "Completion of Construction" means that a park has been completed to the reasonable satisfaction of City's Director of Development Services, exclusive of the Maintenance Establishment Period. 1.4 "Construction Costs" means all of the costs of providing a Park, including: design costs; City fees and charges (including all charges for staff time processing plans and approvals); bonding fees and premiums; labor and materials; project management, administration and supervision (including in-house time); and maintenance costs during any required establishment and warranty period. 2 2014-11-04 Agenda Packet Page 389 1.5 "CVMC" means City's Municipal Code. 1.6 "Deferred PAD Fees" means the amount of PAD Fees that the Master Developer would have paid had the Master Developer not chosen to provide Turnkey Parks in lieu of the payment of PAD Fees. 1.7 "Eligible Neighborhoods" means neighborhoods R413(a), R-413(b), R-513, R-8A, R-813, R-8C, R-913, R-10A, R-IOB, R-11, R-12, R-14, R-1513, R-1613, R-1713(a), R- 1713(b), R-18A(b), R-1 813(b), R-1913, R-20, R-21B, R-23, R-24, R-25A, R-27, R-31, MU-1, MU- 2, MU-3 and C-1 of Village 2 of Otay Ranch. 1.8 "Maintenance Establishment Period" means the period of time between Completion of Construction and turnover of the park to the City in which the contractor is responsible for maintaining the park to ensure that the plant material is fully established before the park opens for public use. The duration of this period and maintenance operations will be specified in the contract documents for the specific park project, subject to adjustment as determined by the City in its sole discretion. 1.9 "Master Developer" means, collectively, the entities shown in the first column (labelled "Owner") of Exhibit A-1. 1.10 "Neighborhood Park" means a neighborhood park as shown on Exhibit B and more particularly described in the SPA Plan. 1.11 Net Deferred PAD Fees means the balance of Deferred Pad Fees identified in the Tracking Table. 1.12 "PAD Fees" means parkland acquisition and park development fee obligations pursuant to the Quimby Act and the City's PLDO. 1.13 "Park Improvements" means the improvements per the City-approved park construction documents. 1.14 "Park Master Plan" means the Master Plan as defined in the Chula Vista Landscape Manual Section One — Submittals and approved by the Parks and Recreation Commission and the City Council. 1.15 "Tracking Table" means a PAD Fee/credit tracking table in the form attached to this agreement as Exhibit C as may be amended from time to time,which amendment may be accomplished administratively. The Tracking Table will track building permits issued, the parkland development portion of the PAD Fees deferred, cumulative totals, and any other items as determined by the parties. 1.16 "Turnkey" means designed and constructed consistent with the provisions of the Chula Vista Landscape Manual, the SPA Plan, and related Development Services Department specifications and policies in effect on the date of this Agreement, and ready for use 3 2014-11-04 Agenda Packet Page 390 without any further improvements required as determined by the Director of Development Services. 2 Provision of Park P-3 and Reimbursement. The City has collected substantial PAD Fees from Master Developer and other owners from development within Village 2, which fees can be used toward the construction of a park. Subject to the execution and approval by City Council of a separate reimbursement agreement for Neighborhood Park P-3 (the "Park Reimbursement Agreement"), (a) Master Developer shall provide Neighborhood Park P-3 in Turnkey condition in accordance with its approved Park Master Plan, and (b) City shall reimburse Master Developer for costs expended by Master Developer for Neighborhood Park P- 3 from the PAD Fees already collected from developers within Village 2. Costs expended by Master Developer for the provision of Neighborhood Park P-3 shall be subject to the review and approval by the Director of Development Services in accordance with provisions of the Park Reimbursement Agreement. All other Neighborhood Parks constructed by Master Developer in Village 2 shall be constructed by Master Developer in lieu of the payment of further Neighborhood Park PAD Fees for the development of the Master Developer Property. 3 Provision of Turnkey Parks In Lieu of Payment of PAD Fees. 3.1 Right to Provide. Master Developer shall have the right to satisfy Quimby Act and PLDO park requirements for the Eligible Neighborhoods by providing Neighborhood Parks in Village 2 in "Turnkey" condition instead of paying PAD Fees. 3.2 Tracking. The City and Master Developer will use the Tracking Table (a) to track Master Developer's PAD Fee obligations deferred and (b) to determine when sufficient PAD Fees have been deferred to commence the design and construction of the next Neighborhood Park. The Tracking Table will not track park obligations for the Community Park or for developers other than the Master Developer. 3.3 Insufficient Credits. To the extent that Master Developer's Deferred PAD Fees exceed the Budgets of the Turnkey Neighborhood Parks provided by Master Developer, Master Developer shall be responsible for paying the balance of the Deferred PAD Fees as required by the PLDO. 4 Development of the Turnkey Parks. Master Developer shall construct Neighborhood Park Improvements, pursuant to CVMC §§17.10.040 and 17.10.050, on the following terms: 4.1 Park Design and Approval of Construction Documents. Master Developer shall use City's customary procedures to design, and obtain City approval of the designs of, the Neighborhood Parks. All Neighborhood Park Master Plan designs and design approvals shall be consistent with Village 2 SPA Plan, the PLDO and the City's Landscape Manual. Each Neighborhood Park Master Plan shall be processed through the following steps: (a) City and Master Developer shall enter into a three party agreement with a landscape architect to design a Neighborhood Park Master Plan (where one has not 4 2014-11-04 Agenda Packet Page 391 already been prepared), and prepare Neighborhood Park construction documents, to the satisfaction of the Director of Development Services. (b) In order to facilitate the Neighborhood Park Master Plan and Construction Document process and milestones identified in the City's Landscape Manual, City and Master Developer shall hold a scoping meeting at the beginning of the design process for each Neighborhood Park to confirm the design intent of the particular Neighborhood Park(s) and to identify applicable City requirements prior to initiating design work. Each Neighborhood Park shall be designed to have a Construction Cost equal to the Budget. 4.2 Coordination. City and Master Developer acknowledge the need for close coordination during the design phase to ensure the final, approved documents reflect the intent of the City's park and recreation master plan, the park and recreation element of the general plan and the SPA plan, and other applicable City requirements. City and Master Developer also acknowledge that refinement to the process may be appropriate over the term of this Agreement to improve the design, review, delivery and ongoing operation of Village 2 Parks. To accomplish this end result, a "post design-construction" meeting shall be held among City. Master Developer and the design team to identify areas where actions can be taken (design, materials, construction coordination, phasing, delivery, maintenance, etc.)that could improve the design and delivery of each subsequent Park. 4.3 Level of Improvements. The Improvements for each Neighborhood Park provided pursuant to this Agreement shall be in Turnkey condition and consistent with the SPA Plan. As adjacent land uses are defined, Master Developer or City may propose that facilities to be provided within each Neighborhood Park be modified or rearranged to complement adjacent land uses. Such changes are subject to City review and approval. 4.4 Construction/Timing. Master Developer shall start the design for each Neighborhood Park not later than the point when Net Deferred PAD Fees for such Neighborhood Park equal 50% of the Budget for the Neighborhood Park. Master Developer shall not commence construction until City has approved the construction budget for each Neighborhood Park. Master Developer shall Commence Construction of each Neighborhood Park not later than the point when Net Deferred PAD Fees equal 100% of the Budget for the Neighborhood Park. Master Developer shall then pursue that construction diligently to completion and in accordance with the timeframes set forth in the Bid Documents, which have been reviewed and approved by the City. 4.5 Boundary Adjustments. The parties agree that minor adjustments to Neighborhood Park boundaries may be appropriate to optimize the interface with adjacent development. All such adjustments shall be subject to City review and approval. Nothing in this section shall be construed as allowing any reduction in the overall acreage of Parks required under the PLDO for the actual development of the Property, but additional acreage provided may result in a credit at City's discretion. 4.6 Documentation of Costs. Master Developer shall, within sixty (60) days of Completion of Construction, provide City, for its review and approval, all documentation City reasonably requires to evidence the completion and costs of each Neighborhood Park. Master 5 2014-11-04 Agenda Packet Page 392 Developer shall, within sixty (60) days of Completion of Maintenance Establishment Period, provide City, for its review and approval, all documentation City reasonably requires to evidence the satisfactory completion of the Maintenance Establishment Period and final costs of each Neighborhood Park. 4.7 Title. City shall accept title to each Neighborhood Park pursuant to its customary procedures. City shall accept and provide credit for Neighborhood Parks on land subject to easements so long as the land is usable open space and a park use would not be inconsistent with the easements, such as underground sewer easements, as reasonably determined by the Director of Development Services. 5 Security. Upon request of the City, and no later than 60 days from that request, the Master Developer shall post security with City in an amount up to 110% of the cost of constructing the Neighborhood Park Improvements, as determined by City based on final construction documents submitted by Master Developer. The security shall be posted prior to receiving any building permits for Village 2 from the date of the request for the security from the City. City may use that security to complete construction of such Neighborhood Parks should Master Developer fail to meet its obligations to do so. City may reduce and release these securities pursuant to City's customary procedures and schedules pro rata upon completion of the Neighborhood Parks. All security shall be a bond or letter of credit subject to the reasonable approval of City. Cost of obtaining security shall be included in the overall Neighborhood Park cost. City may, at its sole discretion, waive the requirement for posting of security. 6 Public Works. When constructing, or entering into any contract relating to the design or construction of, a Park, a Park Improvement or any other park or recreational improvements required by this Agreement (collectively, the "Improvements"), Master Developer shall comply with City Charter Section 1009, the City's policies and procedures governing competitive bidding for public works projects, and all other applicable local, state and federal requirements in effect at the time the bidding and contracting for, or construction of, the Improvements takes place. 7 ChanLes. City reserves its right to amend the PLDO, SPA Plan and parks master plan, subject to state and federal law and to a development agreement between City and Master Developer. The Parties agree that, should any changes in state or federal law result in one or more provisions of this Agreement no longer being enforceable, the Parties shall meet and confer regarding amending the Agreement accordingly. The required PLDO fee obligations and values are subject to periodic updates. Master Developer's fee obligations are based on the level of fees in effect at the time the fees are paid (or would have been paid had they not been deferred). 8 City Action. If the City Council finds that the proposed design of a Neighborhood Park within the Master Developer Property is inconsistent with the SPA Plan, Master Developer shall have the opportunity to re-design the park and submit the revised design for the City Council's consideration. 6 2014-11-04 Agenda Packet Page 393 9 Miscellaneous Provisions. 9.1 Notices. All notices and demands given pursuant to this Agreement shall be written. They shall be deemed served (i) immediately, upon personal delivery; (ii) the next business day, if sent prepaid by recognized overnight service such as FedEx for delivery the next business day; or (iii) three (3) business days after deposit in the United States mail, certified or registered mail, return receipt requested, first-class postage prepaid. Until notice of a change of address is properly given, notice shall be given: If to City: City of Chula Vista Attn: City Manager 276 Fourth Avenue Chula Vista, California 91910 With a copy to: Office of the City Attorney Attn: City Attorney 276 Fourth Avenue Chula Vista, California 91910 If to Master Developer: Baldwin& Sons, LLC 610 West Ash Street, #1500 San Diego, California 92101 Attn: Mr.Nick Lee and: SunRanch Capital Partners, LLC 610 West Ash Street, #1500 San Diego, California 92101 Attn: Mr. Stephen Haase With a copy to: Law Offices of R. Martin Bohl 501 West Broadway, Suite 520 San Diego, California 92101 Attn: R. Martin Bohl 9.2 Captions. Captions in this Agreement are inserted for convenience of reference. They do not define, describe or limit any term of this Agreement. 9.3 Entire Agreement. This Agreement embodies the entire agreement and understanding between the parties regarding the subject matter hereof. No prior or contemporaneous oral or written representations, agreements, understandings and/or statements regarding its subject matter shall have any force or effect. This Agreement is not intended to supersede or amend any other agreement between the parties unless expressly noted. However, all previous written agreements, such as supplemental subdivision improvement agreements, by and between the parties relating to park obligations, as well as City's Parks and Recreation Master Plan and Landscape Manual, remain in full force and effect except to the extent they conflict with this Agreement. 7 2014-11-04 Agenda Packet Page 394 9.4 Scope. This Agreement applies only to the Master Developer Property; it shall not relieve developers other than the Master Developer (and its subsidiary entities, merchant builders and other buyers of portions of the Master Developer Property) from any responsibility to meet park development obligations per the PLDO. 9.5 Contents of Agreement. All recitals set forth above and all exhibits attached hereto are part of this Agreement. 9.6 Severability. If any provision of this Agreement or its particular application is held invalid or unenforceable, the remaining provisions of this Agreement, and their application, shall remain in lull force and effect, unless a party's consideration materially fails as a result. 9.7 Recordation. The City may record this Amendment in the Office of the County Recorder of San Diego County, California. 9.8 Preparation of Agreement. No inference, assumption or presumption shall be drawn from the fact that a party or its attorney drafted this Agreement. It shall be conclusively presumed that all parties participated equally in drafting this Agreement. 9.9 Authority. Each party warrants and represents that it has legal authority and capacity to enter into this Agreement, and that it has taken all necessary action to authorize its entry into this Agreement. Each individual signing this Agreement on behalf of an entity warrants that his/her principal has duly authorized him/her to sign this Agreement on its behalf so as to bind his/her principal. 9.10 Modification. This Agreement may not be modified, terminated or rescinded, in whole or in part, except by written instrument duly executed and acknowledged by the parties hereto,their successors or assigns. 9.11 Successors. 9.11.1 In the event that Master Developer transfers or assigns its interest in the Master Developer Property in whole or in part, to any person or entity during the Term of this Agreement, any such transferee or assignee shall be bound by the terms and conditions of this Agreement, as applicable to the portion of the Master Developer Property acquired by the transfer or assignment. Notwithstanding the foregoing, no assignment or transfer shall relieve the Master Developer from any of its obligations under this Agreement without prior written consent by the City, which consent shall not be unreasonably withheld. 9.11.2 Master Developer's design, construction and payment obligations hereunder may be performed or reimbursed, in whole or in part, by a community facilities district or similar financing district, subject to approval by City. Except as otherwise provided in or as modified by the Development Agreement, Master Developer may pursue construction in accordance with CVMC §3.50.140 et seq. 8 2014-11-04 Agenda Packet Page 395 9.11.3 Compliance with this Agreement shall be deemed to satisfy Master Developer's PLDO and SPA Plan obligations relating to Neighborhood Parks. Once all Neighborhood Parks and their associated improvements have been constructed and dedicated, as required by this Agreement, all Neighborhood Park dedication and improvement requirements for the Master Developer Property shall be deemed complete and the obligation shall be removed from title, as to Master Developer and any merchant builders developing within the Master Developer Property. 9.11.4 Notwithstanding any other provision of this Agreement: 9.11.4.1 When any individual lot has been finally subdivided and sold, leased, or made available for lease to a member of the public or any other ultimate user, and a certificate of occupancy has been obtained for the building(s) on the lot, that lot and its owner shall have no further obligations under and shall be released from this Agreement. 9.11.4.2 Upon the conveyance of any lot, parcel, or other property, whether residential, commercial, or open space, to a homeowners' association, property owners' association, or public or quasi-public entity, that lot, parcel, or property and its owner shall have no further obligations under and shall be released from this Agreement. 9.12 Term. Unless terminated earlier in accordance with this Agreement, this Agreement shall remain in effect until, but shall automatically terminate upon, City acceptance of all the Neighborhood Parks per the terms of this Agreement; provided, however, that the provisions of Section 9.16 (Indemnification) shall survive termination of this Agreement. 9.13 Termination. Baldwin & Sons, LLC, shall have the right, on behalf of all of the entities comprising Master Developer, to terminate this Agreement at any time with respect to a specific Neighborhood Park for which Deferred PAD Fees do not equal or exceed 50% of the Budget for such Neighborhood Park. Upon termination pursuant to this provision, Master Developer shall immediately remit to the City the full balance of the Net Deferred PAD Fees for such Neighborhood Park. Until such time as the Net Deferred PAD Fees have been paid in full, City may withhold building permits for Master Developer Property. 9.14 Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. 9.15 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the CVMC, as same may from time to time be amended (the provisions of which are incorporated by this reference as if fully set forth herein), and such policies and procedures used by City in the implementation of same. 9 2014-11-04 Agenda Packet Page 396 9.16 Indemnification. Master Developer shall indemnify, protect and hold the City, its officers, employees, agents and independent contractors, free and harmless from any liability, costs, injury, including death, or damage of any kind or nature, relating to, arising out of, or alleged to be the result of the acts, omissions, negligence or willful misconduct of Master Developer or Master Developer's employees, subcontractors or other persons, agencies or firms for whom Master Developer is legally responsible, (collectively, "Master Developer"), relating to or arising from Master Developer's activities contemplated under this Agreement, excepting only those claims for damages arising from the active negligence or willful misconduct of the City. Master Developer shall defend, at its own expense, including attorneys' fees, the City, its officers, agents, employees and independent contractors in any legal action based upon such alleged acts or omissions of Master Developer. The City may, in its discretion, participate in the defense of any such legal claim, action or proceeding at its own expense with the understanding that Master Developer's attorneys shall be lead counsel and City's attorneys shall, to the maximum extent feasible, cooperate with Master Developer's attorneys. 9.17 Non-liability of City Officials and Employees. No member, official, employee or consultant of the City shall be personally liable to Master Developer or its successor-in-interest in the event of any default or breach by City, or for any amount which may become due to Master Developer or to its successor-in-interest, or on any obligations under the terms of this Agreement. 9.18 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be the original and all of which shall constitute one and the same document. [End of page. Signature page follows this page.] 10 2014-11-04 Agenda Packet Page 397 IN WITNESS WHEREOF, this Agreement is executed by the City of Chula Vista acting by and through its City Manager pursuant to Resolution No. R- , authorizing such execution, and by Master Developer as of the day and year first set forth above. CITY BALDWIN & SONS CITY OF CHULA VISTA, a California charter BALDWIN & SONS, a California limited city and municipal corporation liability company By: By: /ol/6 Mayor Nick Lee, Senior Project Manager Date: [Master Developer signature pages follow this page] ATTEST: By: City Clerk APPROVED AS TO FORM: By: City Attorney 11 2014-11-04 Agenda Packet Page 398 MASTER DEVELOPER: VILLAGE II OF OTAY HB SUB a California general partnership By: Village II of Otay, L.P., a Delaware limited partnership, Its: Managing General Partner By: Village II of Otay GP, LLC, a Delaware limited liability company, Its: General Partner By: Name: AickLee Title: Senior Project Manager OTAY RANCH II SUN 12,LLC a Delaware limited liability company By: Name: Nick Lee Title: Senior Project Manager OTAY RANCH VILLAGE II-PC-15,LLC a Delaware limited liability company By: Heritage Building and Development, Inc., a California corporation Its: Agent By: Name: Nick—Lee Title: Senior Project Man@,v-er 12 2014-11-04 Agenda Packet Page 399 VILLAGE II OF OTAY,L.P. a Delaware limited partnership By: Village II of Otay GP,LLC a Delaware limited liability company Its: General Partner By: Name: Nick Lee Title: Senior Project Manager SUNRANCH CAPITAL PARTNERS, LLC a Delaware limited liability company By: SunPac Advisors, LLC Its: Manager By: za Name: Nick Lee Title: Senior Project Manager MONTECITO VILLAGE, LLC a California limited liability company By: Name: Nick ee Title: Senior Project Manager 13 2014-11-04 Agenda Packet Page 400 CALIFORNIA L° T CIVIL CODE§ 1189 � Q State of California S County of an Diego On October 30, 2014 before me, Cristin Beall, Notary Public Date Here Insert Name and Title of the Officer personally appeared Nick Lee Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(] whose name(sT_is/are- subscribed to the within instrument and acknowledged to me that he/sgheA hey executed the same in his/hec/tbeit- authorized capacity(iee) and that by F his/her ftir signature(4 on the instrument the CRISTIN BEALL �+(( person(, or the entity upon behalf of which the Commission# 1996057 [ person(Vacted, executed the instrument. Z � .. Notary Public -California z Z San Diego County I certify under PENALTY OF PERJURY under the T y Comm.Expires Nov 25,2016 laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and fficial seal. ; ) Signature: F Place Notary Seal Above OPTIONAL q® Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document F and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Agreement Regarding Construction of Parks in Village 2 Document Date: not yet dated Number of Pages: Signer's) Other Than Named Above: City of Chula Vista Capacity(ies) Claimed by Signer(s) Signer's Name: Nick Lee Signer's Name: Corporate Officer — Title(s):Senio Pn�roQgeee ❑Corporate Officer — Title(s): ❑ Individual ❑ Individual bosom ❑ Partner— ❑Limited ❑General Top of thumb here ❑ Partner — ❑ Limited ❑General Top of thumb here ❑ Attorney in Fact ❑Attorney in Fact ❑ Trustee ❑Trustee ) ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: z; Signer Is Representing: Signer Is Representing: ©2010 National Notary Association•NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item#5907 2014-11-04 Agenda Packet Page 401 Exhibit A-1 Legal Description of Master Developer Property (attached) Parks Agreement 10-29-14 2014-11-04 Agenda Packet Page 402 Exhibit A-1 VILLAGE TWO OWNERSHIP-PARKS AGREEMENT Owner Legal Description Village 11 of Otay HB SUB, GP Lots 34, 35 and 41 of Chula Vista Tract No. 11-05 Otay Ranch Village 2 North "A" Map No. 2 and Otay Ranch Village 2 North Neighborhood R-5B Unit No. 1, in the City of Chula Vista, County of San Diego,State of California according to Map thereof No. 15865 filed in the office of the County Recorder of said county May 7, 2012. Lots 26 and 31 of Chula Vista Tract No.06-05 Otay Ranch Village 2 and Portions of Village 4 "A" Map, in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No. 15350 filed in the office of the County Recorder of said county May 26, 2006. Otay Ranch 11 Sun 12, LLC Lot 1 of Chula Vista Tract No. 06-05 Otay Ranch Village 2 and Portions of Village 4 "A" Map, in the City of Chula Vista, County of San Diego,State of California, according to Map thereof No. 15350 filed in the office of the County Recorder of said County May 26, 2006. Otay Ranch Village II-PC-15, LLC Lots "E" and "F" of Chula Vista Tract No.06-05 Otay Ranch Village 2 Neighborhood R-15A, in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No. 15862 filed in the office of the County Recorder of said county April 4, 2012. Village 11 of Otay, L.P. Lots 28 and 33 of Chula Vista Tract No.06-05 Otay Ranch Village 2 and Portions of Village 4"A" Map, in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No. 15350 filed in the office of the County Recorder of said county May 26,2006. SunRanch Capital Partners, LLC Lot 30 of Chula Vista Tract No.06-05 Otay Ranch Village 2 and Portions of Village 4 "A" Map, in the City of Chula Vista, County of San Diego,State of California, according to Map thereof No. 15350 filed in the office of the County Recorder of said county May 26, 2006. Montecito Village, LLC Lots 4, 5, 9, and 14 of Chula Vista Tract No. 06-05 Otay Ranch Village 2 and Portions of Village 4"A" Map, in the City of Chula Vista,County of San Diego, State of California, according to Map thereof No. 15350 filed in the office of the County Recorder of said county May 26, 2006. 10/17/14 2014-11-04 Agenda Packet Page 403 Exhibit A-2 Depiction of Master Developer Property (attached) Parks Agreement 10-29-14 2014-11-04 Agenda Packet Page 404 Exhibit B R-1 2A R-1 2B Santa� eetia Chula Vista f5 Fire Station#7 Otay Ranch R-13 VILLAGE OF HERITAGE / High School > VILLAGE OF SANTA VENETIA (Village l) OS/.1 n R-30 (Village 6) OS/1, R-8C "P-3 PF MU-3 Birch R-8A 4 o State Street Road R-8B CP R-7A R-9B µ-5e " C-1 k R-29 M2 50 I cPF� R sA a � g x`t R_6 eP R-11 d Qa� OS/l/, m R-9A & 3-1 �3 R-14 n o��pG R 46(b) SCHOOL �P R-15B HERITAGE HILLS R-4B a edo• R- P R-28 F 2 R-18A (Village One West) R-4A O RK16 MU-1 'R- 17A R-18A(a)� p 15A S/1 (b) �178(a) R-178 RSA P 1 (b) (a)A R 18B OS/ p•6 o R-19A R-18B (b"� 1 R-27 R-19 (a) 1.. IND-1A � IND-1B ' R-25A R i SCHOOL 21 � �. Preserve �. _.CPF-$', OS/2. -� R-216 IND-2 R-20 CPF-2 OTAY R-24 % P-4 North LANDFILL i o R-23 f �f ICI I� Landfill Buffer Line (OS/T VILLAGE4 lu u IND-3 ;._l.- 21B 1 - j•'� o 500* 1000 U m--.,&Locations Shown are Approz mate LEGEND ® Neighborhood Parks 2014-11-04 Agenda Packet Page 405 Exhibit B Conceptual Map of Village 2 Parks (attached) Parks Agreement 10-29-14 2014-11-04 Agenda Packet Page 406 Exhibit C Park Development Fee Credit Tracking Table (attached) Column I of the Tracking Table will track the development component of PAD Fees deferred, calculated according to the PLDO. Column K of the Tracking Table will track the parkland dedication component deferred according to the PLDO. When the acreage amount in Column K equals or exceeds the acreage of the next Neighborhood Park to be developed, the corresponding dollar amount in Column I will be the Budget for the next Neighborhood Park. After the Budget for a Neighborhood Park is determined, both columns shall be reduced in the amounts devoted for the Neighborhood Park, and the deferral of PAD Fees shall continue until the acreage amount in Column K equals or exceeds the acreage of the next Neighborhood Park. Parks Agreement 10-29-14 2014-11-04 Agenda Packet Page 407 M N m m M m N e v v v a v e v v v v v v v v .t v v v v a a v v v v v v v v N M a �n o w m m m rn m m m ai am m m m C'i Cn m m m m m rn m rn rn m m m rn m m rn rn H a C o o. o c o 0 0 0 0 0 0 0 0 0 0 0 0 o o 0 o 0 0 0 o 0 0 0 o 0 0 0 0 o o o o c C � C y N- `p R R of O 3 iC a a o o O U E fj) Y o o m J ._ U U -o h C m N c m n n n n r n n n n n n n n n n n n n n n n n n n n n n n n r -0 CO C ui ai 6 of m 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 o 0 o 0 0 0 0 0 � 0 p - cu N N M v a v a v v v a a v a a v v v v v v <r v v a a a v a a a v a 0 LU c E Y _Lm d N ca ro ca J O ro O CL m " `o 0 d o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o d o o d U o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o d o 0 q 0 0 0 0 0 0 0 0 0 0 0 0 0 0 aV N O N 0 ''T N N (V N cm N cV N N N N N (V [V' N N N N N N N N N N N N N N N N N N p N V7 O cD V d' N O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O a-+ CZ Z a) OD V tc O to In In u1 N L L In In N In In In N In In In In In 1n N N to In In LL'1 1n N In N In N i M to N c w n ''F N N N N N' N N N CV N N N N N N N N N N N N N N N N N CV N N N N = a) ^LL In O n M 0 N . m l(7 N 4"1 N m In In In m �!') l[1 In N 1n LO to t() 1n 1n N m m m N m N N In N o N N M M eT a < a 7 V V V v `7 V' V' V V' 4' C' a V 7 d' V 'V' V '7 V 7 C V 'S v e y R U O F- ER fA fA A 61 (al 'Al R . 0)-d O> Y m a) C O d 0 o 0 0 0 lq 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 o 0 �i +2 p ~ a) -O O CV E y� o -0 ro R O W Y IL C N p Y C R ma- ' W a U 0 cr m o n N `tro n °o O co W 0 m N � M N n 'S M N _j a- w � (00 O N n (OD l� _0 _ Y LL y N Z -c- 0 R i 0 a d U H t aa) c L 0 m E o 0) c E -0 ■jai Q c �°- `0 -E e > d W o � ?O m ro N W � co W LL 5 m c v-E ' dm m a 0 CO) a p ty a CL X i cpa IL o 0 0 w o o M o d' In N 6 M In N c m M M LL C LL ? p L U C E L w to Q9 � � � � o E o0 N N C = Z R C O ro 6 a) O U a) rn R M o-� Y 'Q N N N N N N N N O C p p CC (D W m <O U = -O cl) E v � G N M �- .- N N O > m a E m o Z om U cm c C O v y o v o v o > < 0 Q O V U p a _ O co,U _ O ro U m 0 N O M N O C M N 3 p CL)�J Q a) LU c s � D Z :2 o axi •s W y m o N f U � - yN � N p U -10-1 0- m m ro a m n. -1 d _ m m m m 'i m A E LL ' a' Q m m o o o w o > C) N L Q 2014-i1-0 Afen �n m m F cn m a U th2tg�408 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AGREEMENT REGARDING CONSTRUCTION OF PARKS P-1, P-2, P-3, P-5 AND P-6 IN A PORTION OF OTAY RANCH VILLAGE 2. BETWEEN THE CITY AND OTAY RANCH VILLAGE 2 MASTER DEVELOPER. WHEREAS, the Otay Ranch General Development Plan/Sub Regional Area Plan was originally adopted by City Council and the San Diego Regional Board of Supervisors on October 28, 1993; and WHEREAS, on May 23, 2006, City Council approved the Village of Montecito & Otay Ranch Business Park Sectional Planning Area Plan (SPA) for Villages Two, Three and a portion of Village 4. In January 2012, amendments were approved to the SPA to accommodate an additional 197 dwelling units. A further amendment to the SPA plan to increase the number of dwelling units by 1,562 units was recently approved; and WHEREAS, park obligations in the current SPA plan, as stated in Chapter 17.10 of the Municipal Code, are being met through the dedication of parkland by developers and the payment of park development fees. The 2014 supplemental PFFP requires compliance with Chapter 17.10 of the Municipal code by the payment of PAD Fees; and WHEREAS, in 2014, the City met its growth management threshold of 3 acres of park per 1000 persons in Eastern Chula Vista. However, staff has determined that the typical method of constructing parks (payment of PAD Fees with subsequent construction by the City) would likely delay the construction in Village Two, so an alternative method, permitted by the Chula Vista Municipal Code, is being considered such that Neighborhood Parks are provided in line with population growth projections; and WHEREAS, Baldwin and Sons believe that they can expedite the delivery of Village Two neighborhood parks if they deliver completed Neighborhood Parks in a "Turnkey" manner in lieu of paying PAD fees. This will allow more efficient use of staff while still ensuring delivery of quality parks; and WHEREAS, the Park Agreement formalizes the manner in which Baldwin and Sons will provide "Turnkey" Neighborhood Parks and addresses the reimbursement of park development fees that have already been paid to the City; and WHEREAS, the Development Services Director 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 the previously adopted Final Second Tier Environmental Impact Report, No. 07-01 and Final Environmental Impact Report No. 12-01. Thus,no further environmental review or documentation is require; and C:\Users\GRANIC—l\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL @1406E272\@BCL @1406E272.doc 2014-11-04 Agenda Packet Page 409 Resolution No. Page 2 WHEREAS, there is no current fiscal year impact to the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the Agreement Regarding Construction of Parks P-1, P-2, P-3, P-5 and P-6 in a portion of Otay Ranch Village 2 between the City and Otay Ranch Village 2 Master Developer, in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk, and authorizes and directs the Mayor to execute same. Presented by Approved as to form by KELLY BROUGHTON Glen R. Googins Development Services Department Director City Attorney 2014-11-04 Agenda Packet Page 410 City of Chula Vista OF CHU�LAVISTA Staff Report File#: 14-0592, Item#: 11. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a): Name of case: Donald Sipple v. City of Hayward, et al., (including the City of Chula Vista), Los Angeles Superior Court, Case Number BC462270 City of Chula Vista Page 1 of 1 Printed on 10/30/2014 2014-11-04 Agenda Packet Page 411 City of Chula Vista OF CHU�LAVISTA Staff Report File#: 14-0605, Item#: 12. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code Section 54956.9(c): One Case Significant exposure to litigation pursuant to Government Code Section 54956.9(b): One Case City of Chula Vista Page 1 of 1 Printed on 10/30/2014 2014-11-04 Agenda Packet Page 412