HomeMy WebLinkAboutAgenda Packet 2002/03/19 CITY COUNCIL AGENDA
March 19, 2002 6:00 p.m.
Council Chambers
Public Services Building
276 Fourth Avenue, Chula Vista
CI'IY OF
CHUIA VISTA
City Council City Manager
Patty Davis David D. Rowlands, Jr.
Stephen C. Padilla City Attorney
Jerry R. Rindone John M. Kaheny
Mary Salas City Clerk
ShirLey A. Horton, Mayor Susan Bigelow
The City Council meets regularly on the first calendar Tuesday at 4:00 p.m.
and on the second, third and fourth calendar Tuesdays at 6:00 p.m.
Regular meetings may be viewed at 7:00 p.m. on Wednesdays on
Cox Cable Channel 24 or Chula Vista Cable Channel 68
AGENDA
March 19, 2002 6:00 P.M.
CALL TO ORDER
ROLL CALL: Councilmembers Davis, Padilla, Rindone, Salas, and Mayor Horton.
PLEDGE OF ALLEGIANCE TO TIlE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
PRESENTATION BY RICHARD MCGAFFIGAN, SENIOR PREVENTIONIST,
INSTITUTE OF PUBLIC STATEGIES, REGARDING THE ORGANIZATION'S
PROGRAMS
PRESENTATION BY TOM CAUGHLIN, EXECUTIVE DIRECTOR, SAN DIEGO
FLEET WEEK FOUNDATION, OF A TOKEN OF APPRECIATION TO THE CITY
COUNCIL, ACKNOWLEDGING ITS SUPPORT OF FLEET WEEK
CONSENT CALENDAR
(Items 1 through 6)
The Council will enact the staff recommendations regarding the following items
listed under the Consent Calendar by one motion, without discussion, unless a
Councilmember, a member of the public, or City staff requests that an item be
removed for discussion. If you wish to speak on one of these items, please fill out
a "Request to Speak"form (available in the lobby) andsubmit it to the City Clerk
prior to the meeting. Items pulled from the Consent Calendar will be discussed
after Action Items. Items pulled by the public will be the first items of business.
1. WRITTEN COMMUNICATIONS
A. Letter of resignation from Joanne Clayton, member of the Economic
Development Commission.
Staff recommendation: Council accept the resignation and direct the City Clerk to
post immediately according to Maddy Act requirements.
2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING SUBMITTAL TO SANDAG OF TWO APPLICATIONS FOR THE
FISCAL YEAR 2002/2003 TWO-PERCENT NON-MOTORIZED
TRANSPORTATION DEVELOPMENT ACT (TDA) AND TRANSPORTATION
SALES TAX (TRANSNET) BICYCLE AND PEDESTRIAN PROJECT FUNDS
The City annually submits an updated list of projects for inclusion in the implementation
program of the non-motorized element of the regional transportation improvement
program. Sandag regulations require that official applications be submitted in order for
projects to be considered for funding. Council must first approve a resolution authorizing
submittal of the uon-motorized transportation applications for available TDA and
TRANSNET funds. Both funding sources form a single fund with annual allocations
totaling approximately $3.1 million for the San Diego region. Projects are chosen and
then approved for funding after the applications have been evaluated by Sandag's
Bicycle-Pedestrian Advisory Committee. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE CONSULTANT SERVICES AGREEMENT WITH DELTYME
CORPORATION FOR REDESIGN OF THE CITY'S WEBSITE
In March 2001, the City Council accepted a report on an audit of the City's internal and
external communications programs conducted by an outside consultant. One of the
recommendations of that audit was that the City should dramatically enhance its web
presence. As a result, money was budgeted for a redesign of the City's website and in
late 2001, a formal selection process began. At the conclusion of that process, Deltyme
Corporation was the unanimous choice of the selection committee. (Deputy City
Manager Palmer)
Staff recommendation: Council adopt the resolution.
4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
WAIVING THE CITY'S FORMAL BIDDING PROCESS, APPROVING THE THREE-
PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA, SPURLOCK
POIRIER LANDSCAPE ARCHITECTS AND PACIFIC BAY HOMES, A
CALIFORNIA CORPORATION, FOR LANDSCAPE ARCHITECTURAL SERVICES,
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
Pacific Bay Homes proposes to develop a 29-acre community park within the Rolling
Hills Ranch subdivision (formerly known as Salt Creek Ranch), Chula Vista tract 92-02.
(Director of Building and Park Construction)
~tal~ fccO[illllcnda~loR: k~ounc~]l adopt mc resolution.
5 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING CLOSURE OF THIRD AVENUE FROM "E" TO "H" STREETS FOR
THE CINCO DE MAYO CELEBRATION ON MAY 5, 2002, FROM 4:00 A.M. TO
9:00 P.M., WAIVING PROHIBITION ON SIDEWALK SALES, AND WAIVING
BUSINESS LICENSE TAXES FOR DOWNTOWN BUSINESS ASSOCIATION AND
VENDORS PARTICIPATING IN EVENT
Page 2 - Council Agenda 03/19/02
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
WAIVING THE PROHIBITION ON SIDEWALK SALES, AND WAIVING
BUSINESS LICENSE TAXES FOR DOWNTOWN BUSINESS ASSOCIATION FOR
THE FIRST ANNUAL CHULA VISTA PET FEST ON JUNE 1, 2002
C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING CLOSURE OF THIRD AVENUE FROM "E" TO "G" STREETS FOR
THE GREAT RACE ON JUNE 21, 2002, FROM 3:00 P.M. TO 9:00 P.M., WA1VING
PROHIBITION ON SIDEWALK SALES, AND WA1VING BUSINESS LICENSE
TAXES FOR DOWNTOWN BUSINESS ASSOCIATION AND VENDORS
PARTICIPATING IN EVENT
D. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING CLOSURE OF THIRD AVENUE FROM "E" TO "H" STREETS FOR
THE LEMON FESTIVAL ON AUGUST 18, 2002 FROM 4:00 A.M. TO 9:00 P.M.,
WAIVING PROHIBITION ON SIDEWALK SALES, AND WAIVING BUSINESS
LICENSE TAXES FOR DOWNTOWN BUSINESS ASSOCIATION AND VENDORS
PARTICIPATING IN THE EVENT
E. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING CLOSURE OF THIRD AVENUE BETWEEN "D" TO 'T' STREETS,
"H" STREET BETWEEN SECOND AND FOURTH AVENUES, AND PORTIONS OF
INTERSECTING STREETS ON DECEMBER 7, 2002, FOR THE 40TH ANNUAL
STARLIGHT YULE PARADE
The Chula Vista Downtown Business Association is requesting the closure of Third
Avenue and portions of other streets for five 2002 promotional events. For
administrative efficiency purposes, as last year, all street closure events are presented for
Council consideration at one time. (Director of Community Development)
Staff recommendation: Council adopt the resolutions.
6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE RENEWAL OF THE AGREEMENT WITH CDC SMALL
BUSINESS FINANCE CORPORATION TO MARKET FINANCIAL SERVICES TO
CHULA VISTA BUSINESSES
For the past two years, the City and the CDC Small Business Finance Corporation (CDC)
have been working together to promote the Small Business Association and micro-
lending programs offered by the CDC to Chula Vista small businesses. Council approved
an agreement on March 21, 2000, and since that time, CDC has been a part of the City's
Local Employer Assistance Program. Despite efforts to refer potential customers to the
CDC, there was no significant increase in the amount of loans approved and funded for
this area. City staff and CDC representatives met to evaluate the program, and
determined that a more proactive approach was needed. With this in mind, the existing
cooperative agreement was amended. (Director of Community Development)
Staff recommendation: Council adopt the resolution.
Page 3 - Council Agenda 03/19/02
ORAL COMMUNICATIONS
Persons speaking during Oral Communications may address the Council on any
subject matter within the Council's jurisdiction that is not listed as an item on the
agenda. State law generally prohibits the Council from 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 items have been advertised and/or posted as public hearings as
required by law. If you wish to speak on any item, please fill out a "Request to
Speak" form (available in the lobby) and submit it to the City Clerk prior to the
meeting.
7. CONSIDERATION OF THE PROPOSED AMENDMENT TO THE CIRCULATION
ELEMENT OF THE CITY'S GENERAL PLAN TO RECLASSIFY MAIN STREET,
BETWEEN INTERSTATE 805 AND HERITAGE ROAD, FROM A SIX-LANE
MAJOR STREET TO A SIX-LANE PRIME ARTERIAL - CITY INITIATED
(GPA-02-04)
The proposed reclassification of Main Street is necessary to accommodate anticipated
future traffic volumes. No additional right-of-way will be required as a result of this
amendment; however, future roadway improvements will be required to adhere to six-
lane prime arterial standards, which permit fewer median breaks and require greater
spacing between signalized intersections. (Director of Planning and Building/Director of
Public Works)
Staff recommendation: Council conduct the public hearing and adopt the following
resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ADOPTING NEGATIVE DECLARATION IS-02-18, AND AMENDING THE
CIRCULATION ELEMENT OF THE CITY'S GENERAL PLAN TO
RECLASSIFY MAIN STREET, BETWEEN INTERSTATE 805 AND
HERITAGE ROAD, FROM A SIX-LANE MAJOR STREET TO A SIX-LANE
8. CONSIDERATION OF ADOPTION OF A RESOLUTION AMENDING THE
RANCHO DEL REY SECTIONAL PLANNING AREA (SPA) PLAN TO ALLOW
CONSTRUCTION OF A DOUBLE LEFT-TURN LANE WITH ASSOCIATED
DRIVEWAY ON EAST H STREET, PROVIDING DIRECT VEHICULAR ACCESS
TO THE HOME DEPOT STORE, LOCATED WITHIN THE RANCHO DEL REY
COMMERCIAL CENTER
Page 4 - Council Agenda 03/19/02
The management of the Home Depot is requesting this amendment. The provisions of
the Rancho Del Rey SPA plan limit left-mm lanes on East H Street to those that already
exist at the major entrances to the Rancho Del Rey Commercial Center. The proposal has
been reviewed by the City's Traffic Engineer and found to improve traffic circulation
within the Rancho Del Rey Commercial Center. (Director of Planning and Building)
Staff recommendation: Council conduct the public hearing and adopt the following
resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE RANCHO DEL REY SECTIONAL PLANNING AREA ONE
PLAN TO ALLOW CONSTRUCTION OF A DOUBLE LEFT-TURN LANE
WITH ASSOCIATED DRIVEWAY, ON EAST "H" STREET, PROVIDING
DIRECT VEHICULAR ACCESS TO THE HOME DEPOT STORE, LOCATED
WITHIN THE RANCHO DEL REY COMMERCIAL CENTER (725 PLAZA
COURT)
BOARD AND COMMISSION RECOMMENDATIONS
9. REPORT ON CHILD CARE IN CHULA VISTA
The City of Chula Vista has long recognized that child care is an important issue. There
is still mom work to be done, especially in regards to the number of affordable child care
spaces available in the community. The demand far out-paces supply. The City is
encouraged to look at all possible sites and let it be known that it is interested in
establishing a partnership with social service agencies. (Child Care Commission/Deputy
City Manager Palmer)
Commission recommendation: Council accept the report, direct staff to identify land
and/or buildings and partnerships with social service agencies that agree to make spaces
available to low and moderate-income clients, and consider sites for child care in
development plans, especially on the west side of the City.
Staff recommendation: Council accept the report and refer to staff.
ITEMS PULLED FROM THE CONSENT CALENDAR
OTHER BUSINESS
10. CITY MANAGER'S REPORTS
A. Scheduling of meetings.
11. MAYOR'S REPORTS
A. Ratification of appointment to the Board of Ethics - Jesse Navarro.
12. COUNCIL COMMENTS
Page 5 - Council Agenda 03/19/02
CLOSED SESSION
Announcements of actions taken in Closed Session shall be made available by
noon on Wednesday following the Council Meeting at the City Clerk's office in
accordance with the Ralph M. Brown Act (Government Code 54957. 7).
13. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(C)
· One Case
ADJOURNMENT to a Regular Meeting of March 26, 2002, at 6:00 p.m. in the Council
Chambers, and thence to an Adjoumed Regular Meeting on March 27,
2002, at 4:00 p.m. in the Council Conference Room.
Page 6 - Council Agenda 03/19/02
~r-O4-ZOOZ 08:~4 From- T-236 P.601/001 F-714
1 March 2002
Charles Moore, Chair
Economic Development Commission
City of Chula Vista
Dear Charles,
It is with regret that I write this letter of resignation
from the Economic Development Commission-
There is much work to be done by the commission now and
in the future, and I cannot sincerely commit to the physical
and mental task in my present condition. Although I am
well on the road to~ecovery, I am not able ko exert the
energy needed for this important task,
Thank you all for your support in the past and I look
forward to hearing about all the success~y~ur hard work will
bring to the City of Chulm Vista.
Sincerely,
Jeanne C1 ayt~'n
-<-<
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 3/19/02
ITEM TITLE: Resolution Approving submittal to SANDAG of two applications
for the Fiscal Year 2002/03 2% Non-Motorized Transportation Development
Act (TDA) and Transportation Sales Tax (TransNet) Bicycle and Pedestrian
Project Funds
SUBMITTED BY: Director of Public Work~jj1/~/
Cit Mana er /s'{~ r
REVIEWED BY: y g ~,~/7, (4/5tbs Vote: Yes No X )
The City of Chula Vista annually submits an updated list of projects for inclusion in the
implementation program of the non-motorized element of the Regional Transportation Improvement
Program. SANDAG regulations require that official applications be submitted to SANDAG in order
for projects to be considered by its Board of Directors for funding. In order for the applications to be
considered, Council must approve a resolution authorizing submittal of the Fiscal Year 2002/03
Non-Motorized Transportation applications for available Transportation Development Act (TDA)
and Transportation Sales Tax (TransNet) Funds. Both funding sources form a single fund with
annual allocations totaling approximately $3.1 million for the San Diego region. Projects are chosen
and then approved for funding after the applications have been evaluated by SANDAG's Bicycle-
Pedesrtian Advisory Comnfittee (BPAC).
RECOMMENDATION: That Council approve a resolution approving the submittal to SANDAG
of two applications for the Fiscal Year 2002/03 2% Non- Motorized Transportation Development
Act (TDA) and Transportation Sales Tax (TransNet) Bicycle and Pedestrian Project Funds.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable
DISCUSSION:
Am~m~lly thc~ 2% N(m- ~,/lot~wi×ed Tr~mslmrt ~tio?. De,.,?!opmt?t~t Ar;t ('FDA)Funds are made available
for the regional planning and construction of bicycle and pedestrian hcilities. TDA funds will
contribute about $2.1 million in FY 2002/03 to the implementation of non-motorized'projects in the
San Diego region. Also, with the passage of Proposition A in 1987, an additional $1 million of
TransNet revenues per year is available for the implementation of said projects that are submitted
annually by the Cities and the County. The following is a description of the project applications that
we propose to submit to SANDAG for FY 2002/03 funding:
1. Sidewalk Safety Program, Sidewalk Installation On Otay Lakes Road Between Allen
School Lane/Camino Elevado And Surrey Drive, West Side: The proposed project will
correct and improve an existing problem along Otay Lakes Road, between Allen School
Page 2,Item ~
Meeting Date 3/19/02
Lane/Camino Elevado and Surrey Drive, by completing the missing sidewalk improvements
necessary for the continuation of pedestrian traffic. Sidewalks are present to the north and
south of the proposed area. In addition, the improvements would benefit the traffic safety of
all pedestrians, vehicles, mhd bicycles at the proposed locations, creating a separation for
vehicle, bicycle, and pedestrian traffic. The total application request for TDA funds for this
proposed project is $181,510.
2. Side;valk Safety Program, Sidewalk Installation On "D" Street Between Third
Avenue and Fourth Avenue, North Side: The proposed project will correct and improve
an existing problem along "D" Street, between Third and Fourth Avenue, by completing the
missing sidewalk improvements necessary for the continuation of pedestrian traffic.
Sidewalks are present to the west of the proposed area. The proposed sidewalk
improvements are adjacent to four homes, two of which are inhabited by elderly citizens. In
addition, the citizens living in the vicinity of the project area have voiced their need by
signing a petition. The total application request for TDA funds for this proposed project is
$28,000.
The proposed projects consist of components that are eligible for TDA funding. Typically, the
components eligible for TDA funding include the following: the removal of existing improvements,
grading work, and installation of sidewalk and pedestrian ramps. Eligible items also include traffic
control, protection and restoration of existing improvements, required drainage improvements, and
contingencies covering design and inspection.
Gas Tax contributions may be used to cover the cost of TDA ineligible TDA items. Gas Tax Funds
can be used in the building or rebuilding o ['streets, roads, bridges, and acquisitions of right-of~ways
or their component parts to a degree that improve traffic service is provided and geometric or
structural improvements are affected including allocated administration and engineering. This
description is based on Section I of Chapter 2 of the guidelines relating to Gas Tax expenditures,
Division of Local Government Fiscal Affairs. We do not anticipate the necessity to use Gas Tax
Funds for this project, but may use said funds for components not eligible for TDA funding.
Projects submitted to SANDAG must meet at least the following criteria:
1. Projects must be consistent with SANDAG's adopted non-motorized plans, and be included
in an adopted regional, county, city or community plan.
2. Ifthe project abuts other jurisdictions, it must be shown on the adopted plans ofthe adjacent
jurisdictions, or a letter must be submitted from the abutting jurisdiction showing that
cooperative efforts are underway
3. Bicycle projects must follow CalTrans Standards as shown in the CalTrans Highway Design
Manual, Section 7-1000 ~ Bikeway Planning and Design Standards.
Page 3,Item ~
Meeting Date 3/19/02
4. Pedestrian projects must meet the design requirements ofthe American with Disabilities Act
(ADA).
S. Other sources of funding must be identified.
6. The City Council must approve the projects being submitted for funding.
Projects are also subject to prioritization criteria such as elimination of safety problem areas on
routes which would provide relatively safe travel use, service to high activity centers (economic,
educational, cultural and recreational) including access to transportation system such as transit
centers, local effort in developing the pedestrian or bicycle project, and connection to and continuity
of longer routes provided by other means (e.g., regional park trails) to improve regional community.
The FY 2002/03 applications will be reviewed by the Bicycle-Pedestrian Advisory Committee,
which is composed of representatives from each SANDAG member agency, CalTrans, the region's
transit development boards, and four members from the community at large. Based on the
¢ormnittee's recommendations, the SANDAG Board of Directors will authorize allocation of the
available TDA and TransNet funds.
A copy of the application package is available in the City Clerk's Office for CouneiI's review.
FISCAL IMPACT: The potential revenue to the City amounts to approximately $181,510.00 and
$28,000 for the proposed projects. The actual amount is dependent upon if the project is approved
for funding by the SANDAG Board of Directors and the amount they approve. This resolution
approves the submittal of the applications, and does not formally approve the implementation of the
project. These projects will be submitted for approval in the FY 2002/03 CIP.
Attachments: (1) TDA Application
J:\Engineer\AGENDA\TDA App March 2002.jcm. DOC
CIIY OF
CHULA VISTA
TRAN,SPORTATT. ON DEVELOPMENT ACT (TDA)
APPLZC. A TT. ON FOR
"D" `STREET ,SZDEWALK TMPROVEMENT,S
:[N THE CZTY OF (:::HULA VZ,STA
MARCH 2002
TDA APPLICATION FORM
BICYCLE AND PEDESTRIAN FACILITIES
Claimant: CITY OF CHULA VISTA
~Sa'nount of Claim: $25,928.00
Length and Type of Project:
Bike Path
Bike Lane
Shared Route
Related Facilities 1 ADA RAMP
Sidewalk 1~077 SF
Other: PCC Driveway 1~173 SF
Project description:
The proposed project consists of the construction of driveway aprons, sidewalk, and pedestrian
ramps along the north side of"D" Street, in the vicinity of Third Avenue. Existing sidewalks along
the north side of"D" Street are located west of the proposed area. This project will complete the
missing sidewalk improvements along the north side of "D" Street in the vicinity of the project.
Note: Please attach location map, proiect limits, and appropriate cross sections.
1. Project Eligibility (Check and fully explain in comments) Yes No
A. For bicycle projects, is the project included in an adopted N/A N/A
regional, county, city or community plan?
B. If the project abuts other jurisdictions, is it shown on N/A N/A
adopted plans of adjacent jurisdictions?
C. For bicycle projects, does the project follow CalTrans Bike 1N/A N/A
Route Standards ii'om thc Caltraus llighway Design
Manual, Section 7-1000; Bikeway Planning and Design
Standards? If the project exceeds the design standard,
provide a separate justification for any added costs
associated with the higher standard.
D. Identify other sources of funding for the cooperative N/A N/A
projects, and/or specify how the TransNet/TDA-related
costs for this application were determined.
'No other funding source.
II. Status of Project (check and fully explain in comments) Yes No
A. Resolution passed by governing agency N/A N/A
City Council Resolution No. 2001-000.
B. On adopted Capital Improvement Program X
This project is included in Chula Vista's
current CIP Program.
C. Maintenance and liability N/A N/A
III.Proposed Project Schedule (provide dates)
A. Preliminary engineering completed N/A N/A
B. Environmental Document approved N/A N/A
C. Final design complete 9/02
D. Construction begins 11/02 N/A
E. Construction complete 1/03 N/A
IV. Evaluation Criteria (Check and fully explain in comments) Yes No
A. Does the project eliminate problem areas on routes
that otherwise would provide relatively safe travel?
1. Intersections, driveways N/A l'q/A
2. Bridges N/A N/A
3. Narrow road segments N/A N/A
4. Removal of parking N/A N/A
5. High traffic volume and speed N/A N/A
6. Wide crossing distance N/A N/A
7. Other N/A N/A
B. Does the project provide service to high activity Yes No
centers?
8. Employment N/A N/A
9. Commercial N/A N/A
10. Educational N/A N/A
1 I. Public transportation interface N/A N/A
12. Government or social service centers N/A N/A
13. Cultural or recreational N/A N/A
14. Other N/A N/A
C. Does the project provide connection to and continuity Yes No
of longer routes?
15. Inter-regional N/A N/A
16. Regional N/A N/A
17. Inter-jurisdictional N/A N/A
18. Employment Local N/A N/A
19. Community X
D. Describe the current and future contributions of local resources toward the project:
No other funding source.
E. Special Circumstances and Local Participation:
No other funding source.
J:\Engineer~ADVPLAN\TDA\D SiTeet 'FDA Application\TDA application form.doc
Date: 2/28/02
ESTIMATE OF BICYCLE OR PEDESTRIAN PROJECT COSTS
Project Name: Otay Lakes Road Sidewalk Improvements Length: 2.520.0 Feet
Construction Costs
1. Earthwork a. Roadway Excavation C.Y, X $ = $ 0.00
b. Embankment C,Y. X $ = $ 0.00
2. Draina§e Major Work
Describe:
$ 0.00
3. Signing, Striping, Pavement Markings
Signs (Sh'~ile) = $1,000/Mil~
Stripe $1,500/Mi1~----~' $3,000 /Mile X Miles= $ 0,00
Markings 320 S.F./Mile = $500/Mile~
4. Paving a. Agg. Base 0.00 C.Y. X $ /C.Y. = $ 0.00
I calc: length x width x depth ~ 27 = ]
3/6/02
Construction Subtotal $ 129,100.00
Construction Contingencies (10% of construction subtotal(
$129,100.00 X 10% = 5 12,910.00
Construction Inspection (10% of construction subtotal)
$129,100.00 X 10% = 5 12,970.00
12 CONSTRUCTION TOTAL $ 154,920.00
Non-Construction Costs
13 Design Engineering (15% of Construction Subtotal, line 11 ) ~ 19,365,00
14. Environmental Document/Permits 5 0.00
15. PROJECT TOTAL $ 174,285.00
15. Less Other Revenue Sources /Specify)
Previous TDA 5 ( )
Previous TransNet $ (
5(
$( )
5(
17 CLAIM AMOUNT $ 174.285.00
18. Cost detail not shown above, Use to explain special circumstances such as deviations from suggested
percentage or unit costs Do not attach additional sheets.
3/6/02
ANNUAL TDA CLAIM FORM
FY 2003
A. CLAIMANT: City of Chula Vista
B TYPE OF CLAIM: (check one)
X Article 3 - Bicycle and Pedestrian Facilities (99234)
Article 4 - Support Public Transportation Systems (99260)
Article 4.5 - Community Transportation Services (99275)
Article 8 - Multimodal Transportation Terminals (99400.5)
Article 8 - Express Bus ServicesNanpool Services (99400.6)
Article 8 - Local Street and Road Projects (99400)
Article 8 - Commuter Ferry Service (99400.7)
C. AMOUNT OF CLAIM
Operations
Capital $23,047
Planning
Other (specify) * $2,88t * Engineering
TOTAL: $25,928
D. CONDITIONS OF APPROVAL:
It is understood by this Claimant that payment of the claim is subject to approval by SANDAG and to such monies
being on hand and available for distribution, and to the provision that such monies and the interest earned on such
monies subsequent to allocation will be used only for the purposes for which the claim is approved and in accordance
with the terms of the allocation instructions.
E. AUTHORIZED REPRESENTATIVE/CONTACT F. PAYMENT RECIPIENT
City of Chula Vista
(signatUre) (Claimant)
Jeff Moneda 276 Fourth Avenue
(Print of type name) (Mailing Address)
Civil Engineer Chula Vista, CA 91910
(Titl~i (City and zip code)
276 Fourth Avenue ATTN: Robert Powell
(Address) (Name)
(Title)
(6t9) 397-6102
(Phone) (Date Signed)
SANDAG USE ONLY:
1. Claim number
2, Date Approved
3. Resolution No.
4 Amount Approved for Payment
5. Amount approved for Reserve
If Required:
6. Date Approved by MTDB
7. MTDB Resolution Number
updated: 11/99
CITY OF CHULA VISTA
PUBLIC WORKS DEPARTMENT \ ENGINEERING DIVISION
PRELIMINARY COST ESTIMATE - ALTERNATE 1
Project Number: STL-270
Project Title: D Street, 3rd to 4th Assessment Dist DATE: 11/27/2001
PREPARED BY: JRH
CHECKED BY: JRH
No. Description Quantity Unit Amount
Price
l~Asphalt 10 ton $65.00 $650.00
2PCC Sidewalk 1077 SF $5.00 $5,385.00
3 PCC Driveway 1113 SF $7.00 $7,791
Ramp 1 EA $800.00 $800.00
4
Sidewalk
PCCCurb 6" I 29~19 LF $20.00 $580.0~0-
Preservation of Property LS $2,500.00 $2,500.00
g/Grading 1 LS $1,500.00 $1,500.00
9
101 SUBTOTAL: $19,206.00
14 Design: ~ $2,880.90
15
16 Inspection: $1,920.60
17
18 GRAND TOTAL: $25,928.10
2O
22
Notes:
3/6/02 STL270jrh .xls
"D' STREET SIDEWALK IMPROVEMENTS
The proposed project will correct and improve an existing problem along "D" Street,
between Third Avenue and Fourth Avenue, by completing the missing sidewalk
improvements necessary for the continuation of pedestrian traffic. The improvements
have been requested by the residents in the project vicinity.
View of Project Area Looking to
the West at the Intersection of
Third Avenue with "D" Street
View of Project Area Looking to
the West Along "D" Street
The proposed improvements would benefit the traffic safety of all pedestrians, vehicles,
and bicycles at the proposed locations, creating a separation for vehicle, bicycle, and
pedestrian traffic. In addition, two out ot' the four homeowners adjacent to the project
area are elderly. Our proposed improvements include sidewalk and driveway apron
ATTACHMENT "A"
construction. In addition, construction of a pedestrian ramp at the northwest area of the
intersection of "D" Street with Third Avenue is proposed (See Attactwnent). The
proposed improvements shall adhere to American's with Disability Act (ADA)
requirements. The City of Chula Vista believes that these improvements are necessary
for the safety of vehicular, pedestrian, and bicycle traffic in the vicinity.
Maintenance
The construction of the proposed project will be maintained by our Public Works
Operation Crew, and will be funded by the City's General Fund.
JSEngineer'~ADVPLAN\SANDAGSOtay Lakes Road TDA Application\Otay Lakes Road sandag.jcm.doc
ATTACHMENT "A"
O0
ATTACHMENT ~'A"
T ACHMENT A
NOTES:
CONCRETE .~," ; ~ /;20-0-
2. SEE STANDA~J ~ ' ~' ~
.... fAC G-g ,'' C-lO FG~' ,~HT DET~I~
,.~ ~E ST~DAR/) O: :,/'"/G O-~', /S, AND G ~6 FT~ DRI~WAE
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A A A A
CI'iY OF
CHULA VISTA
TP, ANSPOP,TA TT. ON DEVELOPMENT ACT (TDA)
APPLT. CA TT. ON FOR
OTAV LAKES P,OAD 51'DEWALK ZMPP,OVEMENTS
ZN THE CZTY OF CHULA VT. STA
MARCH 2002
TDA APPLICATION FORM
BICYCLE AND PEDESTRIAN FACILITIES
Claimant: CITY OF CHULA VISTA
Amount of Claim: $174,285
Length and Type of Project:
Bike Path
Bike Lane
Shared Route
Related Facilities 2 ADA RA~IP
Sidewalk 2~520 FT
Other: Retaining Wall 4~000 SF
Project description:
Construct missing sidewalk improvements along Otay Lakes Road, from Allen School Lane to
Camino Del Cerro Grande/Surrey Drive, and construct pedestrian ramps in the vicinity of the
Elementary School.
Note: Please attach location map, project limits, and appropriate cross sections.
I. Project Eligibility (Check and fully explain in comments) Yes No
A. For bicycle projects, is the project included in an adopted N/A N/A
regional, county, city or community plan?
B. if the pro,ject abuts other,jurisdictions, is it shown on N/A BJ/A
adopted plans of adjacent jurisdictions?
C. For bicycle projects, does the project follow CalTrans Bike N/A N/A
Route Standards from the Caltrans Highway Design
Manual, Section 7-t000; 13ikcway Plamfing aud Design
Standards? If the project exceeds the design standard,
provide a separate justification for any added costs
associated with the higher standard.
D. Identify other sources of funding for the cooperative See Cost Estimate
projects, and/or specify how the TransNet/TDA-related Attachment "B'
costs for this application were determined.
II. Status of Project (check and fully explain in comments) Yes No
A. Resolution passed by governing agency X
Will go to Council on 03/19/02
B. On adopted Capital Improvement Program X
This project is included in Chula Vista's
current CIP Program.
C. Maintenance and liability X
See Attachment "A"
III. Proposed Project Schedule (provide dates)
A. Preliminary engineering completed 1st QTR 02/03
B. Environmental Document approved N/A
C. Final design complete 2na QRT 02/03
D. Construction begins 3rd QRT 02/031
E. Construction complete 4~h QRT 02/03
IV. Evaluation Criteria (Check and fully explain in comments) Yes No
A. Does the project eliminate problem areas on routes
that otherwise would provide relatively safe travel?
1. Intersections, driveways: See Attachment "A" X
2. Bridges X
3. Narrow road segments X
4. Removal of parking X
5. High traffic volume and speed
6. Wide crossing distance X
7. Other: Bust Stop-Waiting Area, See Attachment "A' X
B. Does the project provide service to high activity Yes. No
centers?
8. Employment X
9. Commercial X
10. Educational X
11. Public transportation interface X
12. Government or social service centers X
13. Cultural or recreational X
14. Other
C. Does the project provide connection to and continuity Yes No
of longer routes?
15. Inter-regional X
16. Regional X
17. Inter-jurisdictional X
18. Employment Local X
19. Community X
D. Describe the current and future contributions of local resources toward the project:
See Attachment "A"
E. Special Circumstances and Local Participation:
See Attachment "A"
* See Attachment "A" for COMMENTS
J:\Engineer\ADVPLAN\TDA\Otay Lakes Road TDA Application\TDA application form Otay Lakes.doc
Date: 2/28/02
ESTIMATE OF BICYCLE OR PEDESTRIAN PROJECT COSTS
Project Name: Otay Lakes Road Sidewalk Improvements Length: 2,520.0 Feet
Construction Costs
1. Earthwork a, Roadway Excavation C.Y. X $ = $ 0.00
b, Embankment C.Y. X $ = $ 0.00
$ 0.00
2. Drainage Major Work
Describe:
$ 0.00
3. Signing, Striping, Pavement Markings
Signs (8/mile) = $ I ,O00/MilMi~
Stripe = $1,500/Mi1([--~- $3,000 /Mile X Miles= $ 0.00
Markings 320 S.F./Mile = $500/Mile~
4. Paving a. Agg. Base 0.00 C.Y. X $ /C,Y.= $ 0.00
calc: length x width x depth + 27 = C.Y. ]
0.0
b. Paving 0.00 Tons X $ /Ton = $ 0.00
[calc: length x width x depth + 27X2 = Ton~
PAVING TOTAL $ 0.00
5. Bridge Work a. Modify Bridge S.F, X $ /S,F. = $ O.00
b. New Bridge S.F. X $ /S.F. = $ 0.00
BRIDGE TOTAL $ O.00
6. Fencing L.F. X $ /L,F. = $ 0.00
b. Lockers ea. X S 0.00
8 Sidewalk
Cost per Lineal foot $ 17.50 X 2,520 LF = $ 44.100.00
9. Ped Ramps No. of Ramps 2 X $ 1,000 /ramp = $ 2,000.00
10. Other (Specify and identify unit costs if appropriate.}
Retaining Wal{ (4,000 SF @ $17.00 per SF) $ 68,000.00
Remove Trees and Bushes $ 5,000.00
Protection and Restoration, Traffic Control $ 10,000.00
11 Construction Subtotal $ 129,100.00
B/6/02
Construction Subtotal ~ 129,100.00
Construction Contingencies (10% of construction subtotal)
$129,100.00 X 10% ~ $ 12,910.00
Construction ~nspection ( 10% of construction subtotal)
$129,100.00 X 10% = $ 12,910,00
12. CONSTRUCTION TOTAL $ 194,920.00
Non-Construction Costs
13 Design Engineering (15% of Construction Subtotal llne 11 ) $ 19,305.00
14. Environmental Document/Permits $ 0.00
i5 PROJECT TOTAL $ 174,285,00
16, Less Other Revenue Sources (Specify)
Previous TDA $ (
Previous TransNet $ [ )
$( )
$(
$(
17 CLAIM AMOUNT $ 174,285,00
18. Cost detail not shown above. Use to explain special circumstances such as deviations from suggested
percentage or unit costs, Do not attach additional sheets.
3/6/02
o3'06,'2oo2 /3:2,t FAX 619 { ~; $,3%t Cltl[,A VISTA. DPW ~]020
~NN~, ,L TDA CL~dM FORM
FY 2003
A. CLAIMANT2 ___ 'Cil¥ o; 2hula Vista
B. TYPE OF CLAIML(check o0~
( X; Article 3 - Bicycle an:l Pedestrian Facilities (99234)
( A~icle 4 - S~ppod Public Transpo~afion Systems (99260)
( Adicle 4~ - Communi~ Transpo~atien So.ices (99275)
( Adicle 8- Multimode! Franspo~ation l cFminals (99400.5)
( A~icle 8 - Express ~ ,s Se~,ices~anpool So.ices (99400.6
( Aflicle 8 Local Sire ?f and Read Pro, otis (99400)
( Adicle 8 - Commuh.r s e~ Son..ice (99d00 7)
C AMOUN-I OF CLAIM
Operations
Capital $I 54,920
Planning '
TOTAL: ~! 74,285
D CONDITIONS OFAPPRO~,AL:
It is understood by this Ch~irm~at that p ~vment nS the claim is subje~ to approval by SANDAG and to such ~onJes
being on hand and available for distribulion, ~rd ~o the provision that such monies and the interest earned on such
monies subsequent to atlocati,:,rl will bu used only for tho purposes for which the claim is approved and in accordance
wi~htheiormsoftheallocadoh rlstruc~iorm
E. AU-IHORI~E~ R~R~?,~FA%~X/F,CON-I V';T F. PAYMENT RECIPIENT
~ Ci~ of Chub Vista
(Signat~ " (Claimant)
Je~neda
- 276 FOUAh Avenue
(Print of type name) (Mailing Address)
..... Civil Engineer
- Chula Vista, CA 91910
(Title} --
276 Foudh Aver (Ci~ and zip code)
..... .ob.. Pow.,
Chula Vista, c: t ~ '~10 (Name)
Director of finance
(Phone)
2. Date Approved
3, ~esohJlJon No.
4 Amourd Approved for paymt ~d
5 Amoun~ approved for Resocu~
If ~quire~d: ....
6. Date App~uvod by MTDB
~ M '
D. DESCRIBE CURRENT AND FUTURE CONTRIBUTIONS OF
LOCAL RESOURCES TOWARD THE PROJECT
The proposed project will correct and improve an existing problem along Otay Lakes
Road, between Allen School Lane/Camino Elevado and Surrey Drive, by completing the
missing sidewalk improvements necessary for the continuation of pedestrian traffic.
Sidewalks are present to the north and south of the proposed area. In addition, the
improvements would benefit the traffic safety of all pedestrians, vehicles, and bicycles at
the proposed locations, creating a separation for vehicle, bicycle, and pedesthan traffic.
Attachment "D", Locations 4 and 5, show the existing sidewalk improvements to the
north and south of the proposed area. Our proposed improvements include pedestrian
ramp construction in the intersection o f Allen School Lm~e and Otay Lakes Road in order
to meet American Disability Act (ADA) requirements. The City of Chula Vista believes
that these improvements are necessary for the safety of vehicles, pedestrian, and bicycle
traffic in the vicinity.
E. SPECIAL CIRCUMSTANCES
The proposed sidewalk improvement project is located along Otay Lakes Road, from
Allen School Lane/Camino Elevado to Surrey Drive. The proposed improvements are
located approximately 0.25 miles east of Allen/Daly Elementary School (See attachment
"C"). Existing sidewalks, which are used by
pedestrians to access neighboring shopping
centers, elementary and middle schools, and
SOLttIIwcMcrll .ILulior College, are located
along Otay Lakes Road to the north and
south of the proposed improvements.
However, due to the missing sidewalk
improvements in the proposed area,
pedestrians either walk within the bike lane,
adjacent to traffic, or along the 6-inch curb, adjacent to the bike lane (see picture).
ATTACHMENT "A" 4
In addition, a bus stop is located within the proposed project. Pictured below, commuters
were observed waiting in the unimproved area adjacent to the bus stop. However, during
periods of rain, commuters often wait in the
bike lane area, adjacent to traffic. This
causes an unsafe condition for the
commuters due to the missing separation
between pedestrian, bicycle, and street
traffic.
The City has identified and taken pictures of the missing improvements within this area
(Attachment "D"). Attachment "D"- Proposed Pedestrian Improvements, presents the
locations of the proposed improvements. Location 1 and Location 2 present areas
proposed for ADA pedestrian ramps. Location 3 presents the missing sidewalk
improvements along Otay Lakes Road. The Average Daily Traffic along Otay Lakes
Road is approximately 30,050 vehicles per day and is currently operating at Level of
Service (LOS) D. A map is attached showing a sketch of the number of accidents in each
location that have occurred in the past six years within the vicinity of the proposed
project.
COMMENTS
11. STATUS OF PROJECT
The construction of the proposed project will be maintained by our Public Works
Operation Crew, and will be funded by the City's General Fund.
ATTACHMENT "A" 5
IV. Proposed Project Schedule
A.1. Intersection, driveways
The construction of the proposed project wilt aid in eliminating pedestrian hazardous
conditions. In addition, vehicle and bicycle traffic safety along the proposed area will be
improved by separating vehicle, bicycle, and pedestrian traffic.
Ao7. Bus stop-waiting area
The proposed project will aid in eliminating unsafe conditions for the commuters in this
area, due to the missing separation between pedestrians, bicycles, and street traffic (see
photo Page 5).
J:\Engitmer~DVPLAN\SANDAG\Otay Lakes Road TDA Application\Otay Lakes Road sandag.jcm.doc
ATTACHMENT"A" 6
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TAY LAKES ROAD
AND
ALLEN SCHOOL LANE
STREET SECTION
WESTERLY
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84' ROW
EASTERLY
f
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aT A Y LAKES RD l\,T ALLEN SCHOOL LANE
NO SCALE
NOTES:
1. THESE STANDARDS ARE cOR USE ONLY WITHIN INDICATED SECTIONS ONLY.
2. TREES WfTHlN 7.5" OR LESS OF HARDSCAPE SHALL HAVE ROOT BARRIERS AND
DEEP WATER IRRIGATION,
" DIFFERENT PARK\AJ."Y5 'lie /\CCë"T""':U::
!'EN ¡ATIVE MAP APPROVAL,
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PREPARED 8Y:
LUIS LABRADA
APPR VED 8Y:
JEFF MON£DA
----
RESOLUTION NO.2002-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING SUBMITTAL TO SANDAG OF TWO
APPLICATIONS FOR THE FY 2002-03 2% NON-MOTORIZED
TRANSPORTATION DEVELOPMENT ACT (TDA) AND
TRANSPORTATION SALES TAX (TRANSNET) BICYCLE AND
PEDESTRIAN PROJECT FUNDS
WHEREAS, the City of Chula Vista annually submits an
updated list of projects for inclusion in the implementation
program of the non-motorized element of the Regional
Transportation Improvement Program; and
WHEREAS, SANDAG regulations require that official
applications be submitted to SANDAG in order for projects to be
considered by its Board of Directors for funding; and
WHEREAS, in order for the applications to be official,
Council must approve a resolution authorizing submittal of the
FY 2002 - 03 2% Non-Motorized proj ect applications for available
Transportation Development Act and Transportation Sales Tax
(TransNet) Funds; and
WHEREAS, the following is a description of the project
applications to be submitted:
Sidewalk Safety Program, Sidewalk Installation on otay
Lakes Road between Allen School Lane/Camino Elevado
and Surrey Drive, West Side: The proposed project will
correct and improve an existing problem along Otay
Lakes Road, between Allen School Lane/Camino Elevado
and Surrey Drive, by completing the missing sidewalk
improvement necessary for the continuation of
pedestrian traffic. The total application request is
$181,510.
Sidewalk Safety Program, Sidewalk Installation on "D"
Street Between Third Avenue and Fourth Avenue, North
Side: The proposed project will correct and improve
an existing problem along "D" Street, between Third
and Fourth Avenue, by completing the missing sidewalk
improvements necessary for the continuation of
pedestrian traffic. The total application request is
$28,000.
1
'<'~/
NOW, THEREFORE, BE IT RESOLVED that the City Council
of the City of Chula vista does hereby approve the submittal to
SANDAG of two applications for Fiscal Year 2002-03 2% Non-
Motorized Transportation Development Act (TDA) Fund and
Transportation Sales Tax (TransNet) Bicycle and Pedestrian
Project funds.
Presented by
Approved as to form by
John P. Lippitt
Director of Public Works
J, lattorneylresol2% NONMOTORIZED TDA
2
..2-3~
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date: 3/19/02
ITEM TITLE: Resolution Approving the Consultant Services Agreement
With Deltyme Corporation fo~.xr r~,n of the City's Website
SUMBITTED BY: Deputy City Manager PalmL~rC/[)[j
REVIEWED BY: City Manager 0W (4/5th Vote: Yes No XO
In March 2001, the City Council accepted a report on an audit of the City's internal and
external communications programs conducted by an outside consultant. One of the
recommendations of that audit was that the City should dramatically enhance its web
presence.
As a result, money was budgeted for a redesign of the City's website and in late 2001 a
formal selection process was begun. At the conclusion of that process Deltyme
Corporation was the unanimous choice of the selection committee.
RECOMMENDATION: That Council adopt the resolution approving the Consultant
Services Agreement with Deltyme Corporation to redesign the City's website
(ATTACHMENT A)
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
Background
In the City's 2000 communications audit, surveys of both residents and businesses
identified the need to redesign the City's website. In their final report, ~iO~ of Chula
Vista - Internal and External Communications Stu4g, consultants SAE Communications,
stated:
Although the city has taken preliminary steps to establishing a useful
Web presence, certainly more can be done as technology and resources
allow. A strong indication of the importance of a viable website is the fact
that certain city departments have independently developed their own online
resources, using Southwestern College and other resoumes. While these
departments have had some level of success using this method, the result is
an overall city website that is inconsistent from one area to another, and a
tremendous lack of site development in most other departments.
Page 2, Item -~
Meeting Date: 3/19/02
Supported by the research findings, the report went on to recommend that thc wcbsite be
reconstructed and greatly enhanced.
Selection Process
Funds were appropriated to the Office of Communications for this purpose in the FY
2001-02 budget and a selection process was conducted as outlined in the Municipal Code
Section 2.56.1 I0. MIS Director Louie Vignapiano and Organization Development and
Training Manager Dawn Beintema developed a Request for Proposal (RFP) for
consultant services. The RFP was released on June 15, 2001 and a bidders conference
was conducted on July 17, 2001. The responses to the RFP were due on September 4,
2001 and the City received 20 responses.
In August, the Library's Automation Manager John Corbett was tasked to serve as
Website Redesign Project Manager. A Selection Committee was then established that
included Mr. Corbett, Mr. Vignapiano, Ms. Beintema and Public Information Officer Jeri
Gulbransen, and Building and Planning Director Bob Leiter.
The Selection Committee reviewed the 20 responses to the RFP by focusing on the
following questions:
Has the vendor indicated an intention to bid only on the e-government
component?
Was the proposal easy to understand and all of the RFP questions answered?
Were the sample page and site map easy to understand?
Was the company's relevant experience applicable to the City's project?
Did the quoted plice comfortably fit our budget and seem reasonable for the
services being offered?
Does the proposed site seem easy to maintain?
Did the proposal employ any Internet concepts that are currently unavailable from
the City's ISP?
Was the proposed implementation timeline reasonable?
[)id [h~ ','ot~dc~?: i~rodt~c: ,~'.'id~'~i;c I~ ii~ol})~ati(l~l o[' secret service
technology?
~ Did the vendor's required/recommended base hardware/software/OS
configuration for the product appear to be in line with the City's currently
installed equipment platform or falls within the RFP cost/budget allocation for
upgrade/replacement?
Did the remote user connectivity baseline indicated in the proposal meet the RFP
requirements of 56K?
Page 3, Item ,$
Meeting Date: 3/19/02
Did the vendor's proposal indicate experience constructing municipal government
websites?
. Were the sample sites offered by the vendor of a high quality?
· Did the vendor's proposal include content management software?
Upon completion of this review (and the review of websites designed by the firms) the
Selection Committee members rated each of the responding firms individually. As a
result of this process, the Committee agreed to invite the top 8 firms for personal
interviews. Those firms, in alphabetical order, were
Batiz.com
· DDS Technologies
Deltyme Corporation
Epic Cycle
ePangea
KFMB New Media
· NetGui/Viapointe
Prosum
The interviews were held the week of December 3, 2001. Each firm was asked to make a
fifteen-minute presentation and was told there would be 30 minutes of follow-up
questions from the Selection Conmfittee. Examples of the questions asked include:
If awarded this bid, your firm will need to work with all of the City's departments
and divisions to develop a product that addresses their needs as well as being
user-friendly to our customers (residents, visitors and businesses). Explain how
you would work with the City to ensure this outcome.
, How would you ensure that staff has the training they need in order to maintain
the website once it is redesigned?
In your experience with comparable projects, what have been the primary
challenges and how have you handled them?
Vendor selection criteria included but was not limited to:
- Vendor bid compliance with the stated RFP requirements
Vendor bid price within the budget limits for the project
Evidenced vendor ability to design attractive and comparable Websites with "look
and feel" consistent with the City's needs
· Realistic time frame for completion of the project
Page4, Item 3
Meeting Date: 3/19/02
Technical expertise of the company to conduct research and implement complex
website solutions
The members of the Selection Committee then evaluated each of the interviewed firms.
At the conclusion of this stage of the process, the firms were collectively ranked by the
Committee in the following numerical order:
1. Deltyme
2. Epic Cycle
3. KFMB New Media
4. DDS Technologies
5. Batiz.com
6. NetGUI/Viapoint
7. Prosum
8. ePangea
Since the top three firms were ranked very closely together, the Selection Conunittee then
agreed to do reference checks on those top three companies rather than on just the top one
or two. The Selection Committee also re-reviewed the websites designed by those three
finns. Two or three references were received for each of the three finalists, with each
firm receiving glorying references.
The Committee met one final time to review the references and to re-review the bid
responses and websites designed by the three firms. Following some discussion, the
Committee reached consensus that Deltyme Corporation was their unanimous choice.
Deltyme was chosen over the other firms for the following reasons:
The "look and feel" of the Deltyme-produced sample customer website, best
embodied the features and user appeal qualities required by the RFP, as reviewed
and evaluated by the selection committee.
· An understanding by the firm of the elements needed in a resident, visitor, and
business friendly site, including an integrated organizational approach and easy
scm-ch sotutiot~s
Their implementation plan, which closely matched the needs as defined by the
committee. Said needs included but were not limited to:
A proactive and realistic approach to the redesign process
A focus on reseamh of user (residents, businesses, and visitors) needs
A commitment to meet with City department heads and staff on City
website needs
Page 5, Item 3
Meeting Date: 3/19/02
)~ Provision of a "content management" solution for simplified and efficient
ongoing staff update of the redesigned City website
Deltyme's positive customer recommendations (reference checks), which
provided great insight into the customer relations and support track record of the
selected vendor.
· Their reasonable timeframe for completion of the project
The firm's commitment to City staff training for ongoing updates of the site
Deltyme's proposed cost of $113,100 was the lowest of the top three firms (Epic
Cycle quoted $127,000 and KFMB proposed $ 134,450).
At the conclusion of the process, the number 4 ranked firm, DDS Technology, expressed
dissatisfaction with the outcome. Staff has communicated with the president of the
company and a history of those transactions is attached (ATTACHMENT B).
Scope of Work
The goals of this project are to:
l. Redesign the website in order to increase communication within the community
and provide City residents, businesses, and visitors with needed information and
resources
2. Provide a resource containing the most current information on the City's services,
programs, announcements, attractions, and regulations for residents, businesses,
and visitors
3. Develop the infrastmcture to allow the website to be easily updated in-house on a
routine basis in noted sections.
4. Create an efficient line of communication to conduct day-to-day business with the
City
5. Create menu sites for each section (i.e. Attractions, Admin. Services) that have a
consistent look a~d feel througho~t the website
6. Create a website that provides a uniform and consistent format that is visually
pleasing
7. Create a website that has a site directory to allow users to find specific
information quickly and efficiently
8. Create a website that organizes information in a horizontal, integrated approach
rather than a silo approach
9. Focus on usability for target audiences including but not limited to residents,
businesses, visitors, donors, and members of the media
Page 6, Item ~
Meeting Date: 3/19/02
10. Implement search engine registration so the website can be easily found
11. Build a website that will instill pride in everyone involved with the City
Phase I
Implementation of the Scope of Work will be the overall responsibility of Project
Manager John Corbett. Staff members from the Office of Communications and the
Organization, Development and Training division will join Mr. Corbett to form an
Executive Management Team. They will be responsible for day-to-day implementation
of this large project. A Technical Committee made up of representatives from every
department will be working with the consultant and the Executive Team on departmental
specific issues during the implementation process. A Steering Committee, consisting of
David Palmer, Louie Vignapiano, Bob Leiter, Jeri Gulbransen, Dawn Beintema, and John
Corbett will review and decide policy issues.
The Scope of Work in Phase I is broken down into planning, design, programming, and
implementation elements. During Phase 1, Deltyme Corporation will be required to
develop a new City website that will incorporate appropriate content and replicate
existing interactive features contained in the following existing sites:
www.ci.chula-vista.ca.us (overall City Website)
wxvw.chulavista.lib.ca.u_s, (Chula Vista Public Library Website)
www.chulavistanatumcenter.org (Chula Vista Nature Center Website)
~vww.chulavistapd.org (Chula Vista Police Department Website)
www.cvbizsite.org. (Chula Vista Community Development Department Website)
All of the content found within the above URLs will now fall under one all-inclusive site
with a uniform design and navigational structure to be located at www.ci.chula-
vista.ca.us. However, existing LIRL's for the departmental sites will still be maintained
and linked to the City's URL allowing users to access the website from a variety of
URLs.
During this phase City department representatives will be consulted (either individually
or in group meeting format) in order to ascertain their needs for the redesigned site. An
implementation plan will be developed and made firm with input from the City
departments and the project Steering Committee.
Subsequently~ the develo~me~t of the fitnctional (how the site will operate for the risers)
and tcclmical (program coding) specifications will be developed and reviewed/approved
by the appropriate project team. Ongoing progress on the redesign of the site will be
monitored. Ultimately, a draft of the redesigned site will be available for evaluation
purposes by City staff. Once approved, the site will be implemented and registered with
Page 7, Item 5)
Meeting Date: 3/19/02
the major Internet search engines. Staff will be trained in the maintenance of the site,
including the use of a vendor-supplied content management module.
At the conclusion of this phase, the City will have a redesigned, user-friendly website for
residents, visitors and businesses, which exhibits a fresh and consistent look. It will
allow residents, businesses and visitors to quickly find what they need by including
features such as an internal search engine, site map or directory, and pull-down menus.
Thc new website will have certain pages and features that will be updated regularly by
City staff, including a calendar of events, daily news bulletins, agendas for upcoming
meetings of boards and commissions, etc. The revised website will have the capability
for visitors to order information and publications online and easily communicate to City
departments via email. The redesign will also incorporate existing functionality such as
the Library's online catalog and access to subscription databases.
Besides providing a more effective service to the public, the greatest benefit of the new
Website may very ~vell be its ability to enhance dialogue between City staff and
residents. It will promote and facilitate bi-directional communication. As a result, this
improved communications should serve to foster greater confidence in City government.
phasic_ H (Optional)
After completion of Phase I, the City may, at its sole discretion, elect to continue with the
consultant and ask them to complete Phase II of the website project. The detailed scope
of work and compensation for Phase II will be negotiated by the City Manager and
consist of identifying and implementing non-monetary interactive processing functions in
the redesigned Website. Examples of such features/functions are online job applications,
RFP documents and bid information accessible from the Website. In this phase, thc
vendor will also explore options related to the implementation of interactive monetary
transactions, including payment of fees and fines and online registration for fee-based
programs in the Recreation Department.
Ongoing Maintenance
The new website will be easy to maintain since no HTML knowledge will be required to
update most of the website pages. Nevertheless, a City Webmaster will be hired for
overall coordination of the site. Working with representatives from each department, the
Webmaster will ensure that data is updated and maintained on a regular basis and that
materials and information throughout the site is kept fresh and current. The Webmaster
will also trouble shoot problems and will provide ongoing staff training.
Page 8, Item 3
Meeting Date: 3/19/02
Timeline
The project will kick-off the third week of March 2002. It is anticipated that phase I will
be completed in early October. There are numerous steps along the way, including
development and approval of conceptual design, basic functional specifications, mock-
ups, source-code, etc. At the conclusion, Deltyme will provide three days of training on
site maintenance to appropriate staff.
FISCAl, IMPACT:
The total amount budgeted for the project is $143,344. Under this agreement, Deltyme
will be paid $71,500 for Phase I, which would include development of functional
specifications, design and navigation elements, site launch and training. Phase II of the
project, which would include implementation of non-monetary interactive processes and
exploration of e-government options, would not exceed a cost of $41,600. Therefore, the
maximum total cost of Phases ! and II is $113,100. Since the City will now host the
website, $7,000 will also be spent from the project budget for a webserver and related
software.
Any budgeted funds not used for Phase 1 or II may be applied towards implementing e-
government applications as identified by the consultants. However, it is anticipated that
additional funding for this phase will need to be identified in the future.
Attachment A
Agreement between
City of Chula Vista
and
Deltyme Corporation
For Consulting Services to Design and Construct a New Internet Site ('~/Vebsite")
This agreement ("Agreement"), dated March 19, 2002 for the purposes of reference
only, and effective as of the date last executed unless another date is otherwise specified in
Exhibit A, Paragraph 1 is between the City-related entity as is indicated on Exhibit A,
paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, paragraph 3,
and the entity indicated on the attached Exhibit A, paragraph 4, as Consultant, whose
business form is set forth on Exhibit A, paragraph 5, and whose place of business and
telephone numbers are set forth on Exhibit A, paragraph 6 ("Consultant"), and is made with
reference to the following facts:
Recitals
Whereas, the City commissioned an audit of its internal and external
communications by a consultant in Year 2000; and,
Whereas, City Council accepted the Communications Audit on March 27, 2001, in
which one of the recommendations was to redesign and dramatically improve the City's
website; and,
Whereas, in response, City staff prepared and sent out a Request for Proposals
(RFP) on June 15, 2001 for consulting services to design and construct a new Internet site
("Website") for the City, and received 20 responses on August 3, 2001; and
Whereas, a City selection committee reviewed the proposals and selected eight
firms to interview during the week of December 3, 2001; and
Whereas, the City selection committee did reference checks on the top three firms,
based on the interviews, and reviewed the websites designed by those firms; and
Whereas, the selection committee selected Deltyme Corporation as the Consultant;
and
Whereas, Consultant warrants and represents that they are experienced and staffed
in a manner such that they are and can prepare and deliver the services required of
Consultant to City within the time frames herein provided all in accordance with the terms
and conditions of this Agreement;
(End of Recitals. Next Page starts Obligatory Provisions.)
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Obligatory Provisions Pages
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby
mutually agree as follows:
1. Consultant's Duties
A. General Duties
Consultant shall perform all of the services described on the attached Exhibit A,
Paragraph 7, entitled "General Duties"; and,
B. Scope of Work and Schedule
In the process of performing and delivering said "General Duties", Consultant shall
also perform all of the services described in Exhibit A, Paragraph 8, entitled "Scope of Work
and Schedule", not inconsistent with the General Duties, according to, and within the time
frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are
identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of
the essence of this agreement. The General Duties and the work and deliverables required
in the Scope of Work and Schedule shall be herein referred to as the "Defined Services".
Failure to complete the Defined Services by the times indicated does not, except at the
option of the City, operate to terminate this Agreement.
C. Reductions in Scope of Work
City may independently, or upon request from Consultant, from time to time reduce
the Defined Services to be performed by the Consultant under this Agreement. Upon doing
so, City and Consultant agree to meet in good faith and confer for the purpose of
negotiating a corresponding reduction in the compensation associated with said reduction.
D. Additional Services
In addition to performing the Defined Services herein set forth, City may require
Consultant to perform additional consulting services related to the Defined Services
("Additional Services"), and upon doing so in writing, if they are within the scope of services
offered by Consultanf Consultant shaft perform same on a time and materials basis at the
rates set 'iorth in the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate
fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid
monthly as billed.
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E. Standard of Care
Consultant, in performing any Services under this agreement, whether Defined
Services or Additional Services, shall perform in a manner consistent with that level of care
and skill ordinarily exercised by members of the profession currently practicing under
similar conditions and in similar locations.
F. Insurance
Consultant represents that it and its agents, staff and sub-consultants employed by it
in connection with the Services required to be rendered, are protected against the risk of
loss by the following insurance coverages, in the following categories, and to the limits
specified, policies of which are issued by Insurance Companies that have a Best's Rating of
"A, Class V" or better, or shall meet with the approval of the City:
Statutory Worker's Compensation Insurance and Employer's Liability Insurance
coverage in the amount set forth in the attached Exhibit A, Paragraph 9.
Commercial General Liability Insurance including Business Automobile Insurance
coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied
separately to each project away from premises owned or rented by Consultant, which
names City as an Additional Insu red, and which is primary to any policy which the City may
otherwise carry ("Primary Coverage"), and which treats the employees of the City in the
same manner as members of the general public ("Cross-liability Coverage").
Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9,
unless Errors and Omissions coverage is included in the General Liability policy.
G. Proof of Insurance Coverage.
(1) Certificates of Insurance.
Consultant shall demonstrate proof of coverage herein required, prior to the
commencement of services required under this Agreement, by delivery of Certificates of
Insurance demonstrating same, and further indicating that the policies may not be canceled
without at least thirty (30) days written notice to the Additional Insured.
(2) Policy Endorsements Required.
In order to demonstrate the Additional Insured Coverage, Primary Coverage
and Cross-liability Coverage required under Consultant's Commercial General Liability
Insurance Policy, Consultant shall deliver a policy endorsement to the City demonstrating
same, which shall be reviewed and approved by the Risk Manager.
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Page 3
H. Security for Performance.
(1) Performance Bond.
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant
to provide a Performance Bond (indicated by a check mark in the parenthetical space
immediately preceding the subparagraph entitled "Performance Bond"), then Consultant
shall provide to the City a performance bond by a surety and in a form and amount
satisfactory to the Risk Manager or City Attorney which amount is indicated in the space
adjacent to the term, "Performance Bond", in said Paragraph 19, Exhibit A.
(2) Letter of Credit.
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant
to provide a Letter of Credit (indicated by a check mark in the parenthetical space
immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall
provide to the City an irrevocable letter of credit callable by the City at their unfettered
discretion by submitting to the bank a letter, signed by the City Manager, stating that the
Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued
by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney
which amount is indicated in the space adjacent to the term, "Letter of Credit", in said
Paragraph 19, Exhibit A.
(3) Other Security
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant
to provide security other than a Performance Bond or a Letter of Credit (indicated by a
check mark in the parenthetical space immediately preceding the subparagraph entitled
"Other Secu rity"), then Consultant shall provide to the City such other secudty therein listed
in a form and amount satisfactory to the Risk Manager or City Attorney.
Business License
Consultant agrees to obtain a business license from the City and to otherwise
comply with Title 5 of the Chula Vista Municipal Code.
2. D~,ties of the City
A. Consultation and Cooperation
City shall regularly consult the Consultant for the purpose of reviewing the progress
of the Defined Services and Schedule therein contained, and to provide direction and
guidance to achieve the objectives of this agreement. The City shall permit access to its
office facilities, files and records by Consultant throughout the term of the agreement. In
City of Chula Vista/Deltyme Corporation Agreement City Website Redesign
Page 4
addition thereto, City agrees to provide the information, data, items and materials set forth
on Exhibit A, Paragraph 10, and with the further understanding that delay in the provision of
these materials beyond 30 days after authorization to proceed, shall constitute a basis for
the justifiable delay in the Consultant's performance of this agreement.
B. Compensation
Upon receipt of a properly prepared billing from Consultant submitted to the City
periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than
monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall
compensate Consultant for all services rendered by Consultant according to the terms and
conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing compensation
relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the
requirements for retention set forth in paragraph 19 of Exhibit A, and shall compensate
Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12.
All billings submitted by Consultant shall contain sufficient information as to the
propriety of the billing to permit the City to evaluate that the amount due and payable
thereunder is proper, and shall specifically contain the City's account number indicated on
Exhibit A, Paragraph 18 (C)to be charged upon making such payment.
3. Administration of Contract
Each party designates the individuals ("Contract Administrators") indicated on
Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said
party to represent them in the routine administration of this agreement.
4. Term.
This Agreement shall terminate when the Parties have complied with all executory
provisions hereof.
5. Liquidated Damages
The provisions of this section apply if a Liquidated Damages Rate is provided in
Exhibit A, Paragraph 14.
tt is acknowledged by both parties that ~ime is of the essence in the completion of
this Agreement, It is difficult to estimate the amount of damages resulting from delay in
performance. The parties have used their judgment to arrive at a reasonable amount to
compensate for delay.
Failure to complete the Defined Services within the allotted time period specified in
this Agreement shall result in the following penalty: For each consecutive calendar day in
City of Chula Vista/Deltyme Corporation Agreement City Website Redesign
Page 5
excess of the time specified for the completion of the respective work assignment or
Deliverable, the consultant shall pay to the City, or have withheld from monies due, the sum
of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages
Rate").
Time extensions for delays beyond the consultant's control, other than delays
caused by the City, shall be requested in writing to the City's Contract Administrator, or
designee, prior to the expiration of the specified time. Extensions of time, when granted,
will be based upon the effect of delays to the work and will not be granted for delays to
minor portions of work unless it can be shown that such delays did or will delay the
progress of the work.
6. Financial Interests of Consultant
A. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer",
Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act
conflict of interest and disclosure provisions, and shall report economic interests to the City
Clerk on the required Statement of Economic Interests in such reporting categories as are
specified in Paragraph 15 of Exhibit A, or if none are specified, then as determined by the
City Attorney.
B. Decline to Participate.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall
not make, or participate in makin9 or in any way attempt to use Consultant's position to
influence a governmental decision in which Consultant knows or has reason to know
Consultant has a financial interest other than the compensation promised by this
AgreemenL
C. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
warrants and represents that Consultant has diligently conducted a search and inventory of
Consultant's economic interests, as the term is used in the regulations promulgated by the
F~i~ Political P~ctices Comn~,issior,, ~nd has determined that Consultant does not, to the
best of Consuitant's knowledge, have an economic interest which would conflict with
Consultant's duties under this agreement.
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D. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
further warrants and represents that Consultant will not acquire, obtain, or assume an
economic interest during the term of this Agreement which would constitute a conflict of
interest as prohibited by the Fair Political Practices Act.
E. Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
further warrants and represents that Consultant will immediately advise the City Attorney of
City if Consultant learns of an economic interest of Consultant's which may result in a
conflict of interest for the purpose of the Fair Political Practices Act, and regulations
promulgated thereunder.
F. Specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant, nor Consultant's
immediate family members, nor Consultant's employees or agents ("Consultant
Associates") presently have any interest, directly or indirectly, whatsoever in any property
which may be the subject matter of the Defined Services, or in any property within 2 radial
miles from the exterior boundaries of any property which may be the subject matter of the
Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 15.
Consultant further warrants and represents that no promise of future employment,
remuneration, consideration, gratuity or other reward or gain has been made to Consultant
or Consultant Associates in connection with Consultant's performance of this Agreement.
Consultant promises to advise City of any such promise that may be made during the Term
of this Agreement, or for 12 months thereafter.
Consultant agrees that Consultant Associates shall not acquire any such Prohibited
Interest within the Term of this Agreement, or for 12 months after the expiration of this
Agreement, except with the written permission of City.
Consultant may not conduct or solicit any business for any party to this Agreement,
or for any third party which may be in conflict with Consultant's responsibilities under this
Agreement, except with the written permission of City.
7. Hold Harmless
Consultant shall defend, indemnify, protect and hold harmless the City, its elected and
appointed officers and employees, from and against all claims for damages, liability, cost
and expense (including without limitation attorneys fees) arising out of or alleged by third
parties to be the result of the negligent acts, errors or omissions or the willful misconduct of
City of Chula Vista/Deltyme Corporation Agreement City Website Redesign
Page 7
the Consultant, and Consultant's employees, subcontractors or other persons, agencies or
firms for whom Consultant is legally responsible in connection with the execution of the
work covered by this Agreement, except only for those claims, damages, liability, costs and
expenses (including without limitations, attorneys fees) arising from the sole negligence or
sole willful misconduct of the City, its officers, employees. Also covered is liability arising
from, connected with, caused by or claimed to be caused by the active or passive negligent
acts or omissions of the City, its agents, officers, or employees which may be in
combination with the active or passive negligent acts or omissions of the Consultant, its
employees, agents or officers, or any third party.
With respect to losses arising from Consultant's professional errors or omissions,
Consultant shall defend, indemnify, protect and hold harmless the City, its elected and
appointed officers and employees, from and against all claims for damages, liability, cost
and expense (including without limitation attorneys fees) except for those claims arising
from the negligence or willful misconduct of City, its officers or employees.
Consultant's indemnification shall include any and all costs, expenses, attorneys fees and
liability incurred by the City, its officers, agents or employees in defending against such
claims, whether the same proceed to judgment or not. Consultant's obligations under this
Section shall not be limited by any prior or subsequent declaration by the Consultant.
Consultant's obligations under this Section shall survive the termination of this Agreement.
8. Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a timely and proper manner
Consultant's obligations under this Agreement, or if Consultant shall violate any of the
covenants, agreements or stipulations of this Agreement, City shall have the right to
terminate this .Agreement by giving written notice to Consultant of such termination and
specifying the effective date thereof at least five (5) days before the effective date of such
termination. In that event, all finished or unfinished documents, data, studies, surveys,
drawings, maps, reports and other materials prepared by Consultant shall, atthe option of
the City, become the property of the City, and Consultant shall be entitled to receive just
and equitable compensation for any work satisfactorily completed on such documents and
other materials u p [o the effective date of Notice of Termination, not to exceed the amounts
payable hereunder, and less any damages caused City by Consultant's breach.
In the event that the City Ad ministrator determines that the Consultants' negligence,
errors, or omissions in the performance of work under this Agreement has resulted in
expense to City greater than would have resulted if there were no such negligence, errors,
omissions, Consultant shall reimburse City for any additional expenses incurred by the City.
Nothing herein is intended to limit City's rights under other provisions of this agreement.
City of Chula Vista/Deltyme Corporation Agreement City Website Redesign
Page 8
10. 'Eermination of Agreement for Convenience of City
City may terminate this Agreement at any time and for any reason, by giving specific
written notice to Consultant of such termination and specifying the effective date thereof, at
least thirty (30) days before the effective date of such termination. In that event, all finished
and unfinished documents and other materials described hereinabove shall, at the option of
the City, become City's sole and exclusive property. If the Agreement is terminated by City
as provided in this paragraph, Consultant shall be entitled to receive just and equitable
compensation for any satisfactory work completed on such documents and other materials
to the effective date of such termination. Consultant hereby expressly waives any and all
claims for damages or compensation arising under this Agreement except as set forth
herein.
11. Assignability
The services of Consultant are personal to the City, and Consultant shall not assign
any interest in this Agreement, and shall not transfer any interest in the same (whether by
assignment or novation), without prior written consent of City. City hereby consents to the
assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 17 to
the sub-consultants identified thereat as "Permitted Sub-consultants".
12. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms, designs, plans, procedures,
systems and any other materials or properties produced under this Agreement shall be the
sole and exclusive property of City. No such materials or properties produced in whole or
in part under this Agreement shall be subject to private use, copyrights or patent rights by
Consultant in the United States or in any other country without the express written consent
of City. City shall have unrestricted authority to publish, disclose (except as may be limited
by the provisions of the Public Records Act), distribute, and otherwise use, copyright or
patent, in whole or in part, any such reports, studies, data, statistics, forms or other
materials or properties produced under this Agreement.
13. Independent Contractor
City is interested only in the results obtained and Consultant shall perform as an
independent contractor with sole control of the msnner and means of performing the
services required under this Agreement. City maintains the right only to reject or accept
Consultant's work products. Consultant and any of the Consultant's agents, employees or
representatives are, for all purposes under this Agreement, an independent contractor and
shall not be deemed to be an employee of City, and none of them shall be entitled to any
benefits to which City employees are entitled including but not limited to, overtime,
retirement benefits, worker's compensation benefits, injury leave or other leave benefits.
Therefore, City will not withhold state or federal income tax, social security tax or any other
City of Chula Vista/Deltyme Corporation Agreement City Website Redesign
Page 9
payroll tax, and Consultant shall be solely responsible for the payment of same and shall
hold the City harmless with regard thereto.
14. 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 Chula Vista
Municipal Code, 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 the City in the implementation of same.
Upon request by City, Consultant shall meet and confer in good faith with City for the
purpose of resolving any dispute over the terms of this Agreement.
15. Attorney's Fees
Should a dispute arising out of this Agreement result in litigation, it is agreed that the
prevailing party shall be entitled to a judgment against the other for an amount equal to
reasonable attorney's fees and court costs incurred. The "prevailing party" shall be
deemed to be the party who is awarded substantially the relief sought.
16. Statement of Costs
In the event that Consultant prepares a report or document, or participates in the
preparation of a report or document in performing the Defined Services, Consultant shall
include, or cause the inclusion of, in said report or document, a statement of the numbers
and cost in dollar amounts of all contracts and subcontracts relating to the preparation of
the report or document.
17. Miscellaneous
A. Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consultant shall have no authority to
act as City's agent to bind City to any contractual agreements whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their
principals is/are licensed with the State of California or some other state as a licensed real
estate broker or salesperson. Othen~vise, Consultant represents that neither Consultant,
nor their principals are licensed real estate brokers or salespersons.
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C. Notices
All notices, demands or requests provided for or permitted to be given pursuant to
this Agreement must be in writing: All notices, demands and requests to be sent to any
party shall be deemed to have been properly given or served if personally served or
deposited in the United States mail, addressed to such party, postage prepaid, registered
or certified, with return receipt requested, at the addresses identified herein as the places of
business for each of the designated parties.
D. Entire Agreement
This Agreement, together with any other written document referred to or
contemplated herein, embody the entire Agreement and understanding between the parties
relating to the subject matter hereof. Neither this Agreement nor any provision hereof may
be amended, modified, waived or discharged except by an instrument in writing executed
by the party against which enforcement of such amendment, waiver or discharge is sought.
E. Capacity of Parties
Each signatory and party hereto hereby warrants and represents to the other party
that it has legal authority and capacity and direction from its principal to enter into this
Agreement, and that all resolutions or other actions have been taken so as to enable it to
enter into this Agreement.
F. Governing Law/Venue
This Agreement shall be governed by and construed in accordance with the laws of
the State of California. Any action arising under or relating to this Agreement shall be
brought only in the federal or state courts located in San Diego County, State of California,
and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this
Agreement, and performance hereunder, shall be the City of Chula Vista.
[end of page. next page is signature page.]
City of Chula Vista/Deltyme Corporation Agreement City Website Redesign
Page 11
Signature Page to Agreement
Between
City of Chula Vista
And
Deltyme Corporation
For Consulting Services to Design and Construct a New Intemet Site ('~Vebsite")
IN WITNESS WHEREOF, City and Consultant have executed this Agreement
thereby indicating that they have read and understood same, and indicate their full and
complete consent to its terms:
Dated: ,2002 City of Chula Vista
by:
Shirley Horton, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to form:
John M. Kaheny, City Attorney
Dated: Deltyme Corp~.o. ration/'
By: ~ "--
Alan Cole, President
Exhibit List to Agreement
(x) ExhibitA.
City of Chula Vista/Deltyme Corporation Agreement City Website Redesign
Page 12
Exhibit A
to
Agreement between
City of Chula Vista
and
Deltyme Corporation
1. Effective Date of Agreement: March 19, 2002
2. City-Related Entity:
(x) City of Chula Vista, a municipal chartered corporation of the State of
California
( ) Redevelopment Agency of the City of Chula Vista, a political subdivision of
the State of California
( ) Industrial Development Authority of the City of Chula Vista, a
( ) Other: , a [insert business form]
3. Place of Business for City:
City of Chula Vista,
276 Fourth Avenue,
Chula Vista, CA 91910
4. Consultant:
Deltyme Corporation
5. Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(x) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
4010 Morena Boulevard, #220
San Diego, California 92117
Voice Phone (858) 483-0497
Fax Phone (858)483-1024
City of Chula Vista/Deltyme Corporation Agreement City Website Redesign
Page 13
7. General Duties:
Design and construct a new sophisticated, understandable, visually appealing, user-
friendly, and uniform City Website, with information and input from City staff. The new
website will have a unified and consistent theme and format; provide a significant increase
in available and timely information over the current Website; provide the ability to enable
the remote user to access a variety of City services on line; be able to be easily maintained
and updated by City staff; meet Americans with Disabilities Act (ADA) requirements; and
become the domain of the City upon City acceptance.
8. Scope of Work and Schedule:
A. Project Goals:
1. Redesign the Website in order to increase communication within the
community and provide City residents, businesses, and visitors with needed
information and resources.
2. Provide a resource containing the most current information on the City's
services, programs, announcements, attractions, and regulations for
residents, businesses, and visitors.
3. Develop the infrastructure to allow the Website to be easily updated in-house
on a routine basis.
4. Create an efficient line of communication to conduct day-to-day business with
the City.
5. Develop navigation tools that clearly define each section (e.g., Attractions,
Admin. Services) yet keep a consistent look and feel throughout the Website.
6. Create a Website with a uniform and consistent format that is visually
pleasing.
7. Create a Website that has a site search and directory navigation bar to allow
users to find specific information quickly and efficiently.
8. Create a Website that organizes information in a horizontal, integrated
approach rather than a silo approach (For example, if someone wants
information on obtaining a City permit to hold a special event, they should be
able to type "special event" and get all of the information required by different
City departments and understand the permit process, rather than having to
c~uess which deo~rfment sections of the Website need to be accessed snd
then individually going to Police Department, Finance, City Administration,
sections of the Website).
9. Focus on usability for target audiences, including but not limited to:
Residents, Business Community (current and prospective), Employees
(current and potential), Visitors, City Donors, and Members of the Media.
lO. Implement search engine registration so that the Website can be easily
found.
City of Chula VistatDeltyme Corporation Agreement City Website Redesign
Page 14
1 t. Build a Website that instills pride in everyone involved with the City.
B. Detailed Scope of Work:
1. Phase h
Development of a new Website that will incorporate all content and
interactive features (City wishes to retain) that are contained in the following
existing sites: www.ci.chula-vista.ca.us, www.chulavistanaturecenter.or,q,
www-ch ulavistapd.org, www.cvbizsite.or,q, and www.chulavista.lib.ca.us. All
of the content found within the above URLs will fall under one all-inclusive
site with a uniform design and navigational structure to be located at
www.ci.chula-vista.ca.us. City may substitute some of said content and
features with new content and features.
a. The tasks will include, but not be limited to the following:
Plannin,q Phase
1. Overall project assessment and final scope documentation.
2. Project planning.
3. Creation of project schedule.
4. Attendance at weekly update and information meetings with
department representatives, or as needed.
5. Attendance at meetings, as needed, with the City Website
Steering Committee.
6. Prior to design of new Website, three focus groups (City
residents, businesses, visitors) will participate in user testing of
the five current City websites.
7. Providing City with a report on the results, outcome and
recommendations based on the user testing.
8. Development of website to post City and Consultant comments
and questions. This website will also contain all of the project
specifications, meeting minutes and correspondence for the
duration of the project.
9. Development of functional specifications (City approval
required).
10. Development of technical specifications (City approval
required).
11,0esign of Website layout and navigation (City approval
required).
12. Assistance with data collection and organization.
13.Assistance with drafting job specifications for the City's
Webmaster position.
City of Chula Vista/Deltyme Corporation Agreement City Website Redesign
Page 15
Design Phase
14. Development of two Website designs, based on input from City
departments, City Website Steering Committee, and user
testing, to be presented for City review and selection. Designs
used in the selection process should be (at a minimum)
presented as printouts of a .few web pages representing a
concept.
15. Development of two revisions of the chosen Website design for
City review and selection. Revisions may include changes to
graphics, colors, text, presentation, structure, and organization.
Designs of the two revisions should be (at a minimum)
presented as printouts of a few web pages representing a
concept.
16. Development of graphics (City approval required). Graphics
are the creation of the main graphic elements for each Website
page; menu bars, headers, banners and all elements to be
used across the Website. It does not include logo design,
because the Website pages will use the City logo.
Programming Phase
17. Development of Data Layer: SQL Server database
development, including the creation of the database schema
and the development of the necessary tables, stored
procedures, triggers and backup routines.
18. Development of Business Layer: COM object development.
19. Development of Presentation Layer: HTML and ASP coding
and production.
20. Development of Presentation Layer: Integration of graphics
and copy ("copy" is all of the written text on the Website -
which is being provided by the City).
21. Development of City Administrative Extranet or control page
that gives authorized employees of City the ability to update,
change and modify the Website.
22. Testing and troubleshooting.
Implementation Phase
23 Initial City review for correctiops and adjustments.
24. Revisions based on City comments.
25. city review of revisions.
26. User testing of Website prior to the Website going "live" online.
27. Revisions based on user testing results.
28. City review of revisions.
City of Chula Vista/Deltyme Corporation Agreement City Website Redesign
Page 16
Final Phase
29. Installation of database and Website on server provided by City
(i.e., going "live" online).
30. Documentation and site handoff.
31.Consultant to provide training program for City staff for site
maintenance and updating.
32. Registration of site with major search engines.
b. The design features and standards of the Website will include, but
not be limited to, the following:,
1. Website will contain pages and features with static content;
pages that need to be regularly updated; and pages where City
and non-City users can submit request for forms, permits, and
other official documents. The front-end for these last two types
of pages will be written in ASP, and provide the following
features:
i. Intuitive updates to the site through web-based forms
for website administrators and users responsible for site
content.
ii. Web-based user administration interface to add and
delete accounts for people who have the authority to
modify the site.
iii. Multi-level user security privileges so only certain
people can update certain sections of the website.
2. The database back-end will also provide the following features:
i. The ability to store inquiries and visitor information
entered on the website so the City can easily query that
information in the future for statistical and
documentation purposes- for example, to analyze what
Website users are looking for, determine what pages
are popular, and identify Website users.
ii. The ability to change/modify noted pages in the site
using web-based forms wifh no HTML. know!edge
~'equired. Noted pages in some cases will retrieve data
from the backend database and the web-based forms
will be a tool to modify that data.
iii. Automatic updates on all related pages (e.g., news item
is added to the department calendar and will
automatically be added to master calendar).
iv. Easily update and query information (i.e. City Council
City of Chula Vista/Deltyme Corporation Agreement City Website Redesign
Page 17
meeting agenda/minutes, current press releases). The
ability to update will be utilized by City. Queries will be
used City and non-City website users for information
made available pursuant to Public Information laws.
3. The Website layout and pages will be determined by a City
Website Steering Committee and individual departments, with
input of Consultant, and may include such items as City
History, City Demographics, Visitor Section, What's New. The
Website will have information organized in a horizontal,
integrated approach rather than a silo approach, as previously
mentioned in Project Goals in Section 8A.
4. The Website will include a brief survey questionnaire, which
gives visitors the opportunity to evaluate the Website and make
suggestions for changes, additions, and improvements.
5. Consultant will provide the ability to update content through a
web interface for those pages that will change more often than
once a month. Through these password-protected interfaces,
the City will be able to update text and photographic images
without the need of any user programming experience. City
and Consultant will work together to determine options on this
page.
6. The Website will have the capability for visitors to send email to
City departments and to selected persons employed by the
City.
7. Website shall include a site search engine, comprehensive
directory, navigation bar and menu sites for each section, and
a site map as part of the features. The site map and features
mentioned above should be designed so that it can be easily
updated and maintained by City staff.
8. Consultant will develop a Website that is easy to navigate. The
information wi!! be grouped and presented in a ~ogica! manner
Consultant will attempt to layout the Website to have a
maximum of 2 pages of "drill-down" in any location. Consultant
and City agree that this might not be realistic in all cases and
there may be a need to go with 3 or 4 "drill-downs" in some
areas.
City of Chula Vista/Deltyme Corporation Agreement City Website Redesign
Page 18
9. The new project will integrate forms that presently exist in the
City's Current 5 websites, such as: Those that are forms
submitted directly via email (e.g., the boards/commission form);
and also those forms that are in a printable format (e.g. either
pdf orthe web page itself).
10.Consultant will design Website that meets all Federally
mandated access requirements adopted by the Federal Access
Board (www.access-board.,qov) under section 508 subsection
1194.22 of the Rehabilitation Act.
11. Consultant will design Website that has an attractive mix of text
and graphics using subdued colors as a background. The
background shall not be "dark" or "busy".
12. Consultant will design Website such that each section of the
Website has a common look and feel and consistent design.
The City logo and a common header should be prominent on
every page. In addition, the City's "Catch the Spirit" theme
should also be incorporated into the design. All photographs
should have the same type of feathered edges or shadow, and
the same fonts. Font types and a basic layout should be used
throughout the Website.
13. Qnce Website has been completed and accepted by City, the
copyright, Website design, and Website content (including
programming code and artwork) become the proper~y of the
City.
14.Consultant will design for IE 4.0 and higher (but also be WC3
compliant) and a screen resolution of 800x600.
15. Consultant will design Website based on a Microsoft SQL
Server 7.0 database and Microsoft IlS 5.0 web server.
16. Unless otherwise directed by City, Consultant will design
Website with a balance of text and graphics such that each
page loads in eight (8) seconds or less on the average
computer (over a 56k modem).
17. Consultant will design Website that can be easily maintained
and updated by City Webmaster (who will be using a Windows
2000 PC to maintain system). City should be able to do daily
updates of Website content using a browser interface. Editing
City of Chula Vista/Deltyme Corporation Agreement Ci[y Website Redesign
Page 19
of the Website layout, graphics, or code by City Webmaster
may require the following software:
e For editing of graphics, Fireworks or Photoshop would be
required (latest version).
~ For editing of ASP and HTML, either the notepad accessory
or Macromedia Dream Weaver could be used.
18. Training of City staff, taught by Consultant, will be done over
three days, consisting of six four-hour sessions that detail
Website navigation, Website administration, Website
maintenance, and content management, for a number of
employees to be determined by City (transfer trainers) - not to
exceed 40. Consultant will provide materials and handouts.
City will provide the training site that can accommodate up to
12 trainees per session.
c. Exclusions to the tasks are the following:
1. Consultant will not perform "search engine optimization".
2. City has an Internet Service Provider; therefore, ISP services
are not par[ of contract.
3. Consultant has not included time to prepare the City server for
launch - all upgrades, patches and hot fixes will need to be
completed by City prior to the site installation.
4. Consultant will not write copy or edit copy submitted by the
Cityl '~Nill not write copy or edit copy" means Consultant will
not write or edit the (content) text submitted by City for the
Website pages.
5. No Spanish translated site is included in this scope.
6. Consultant has not included the redesign of the current GIS
viewer (located at http:/1209.242.148.142/website/city
/~pdisc!aimer. htm), o~' its i~te.cfi-a~ion into the. ne.w look of
Website. Consultant will provide a link to this viewer similar to
any other exterfial site.
7. Consultant has not included the redesign of the City Library's
current online card catalog (located at
http://bibliotheca.chulavista.lib.ca.us/) or its integration into the
City of Chula Vista/Deltyme Corporation Agreement City Website Redesign
Page 20
new look of the site. Consultant will provide a link to this web
page similar to any other external site.
Phase Il:
After City acceptance of Phase I, the City may, at its sole discretion
and in writing, elect to continue with Consultant and ask them to
complete Phase II of the Website design project. The detailed scope
of work will be determined by City and Consultant and approved by
City Manager or his designee. Phase II will only be performed by
Consultant if City and Consultant can mutually agree on a detailed
Scope of Work. The detailed Scope may include some or all of the
following interactive processing functions listed in Consultant's
response to City's RFP (shown here for illustrative purposes), such
as: job applications online; job interest cards, volunteer applications,
RFPs and bid information available online, available land and building
inventory, recreation sign-ups for classes. In addition, City and
Consultant will explore options to implement e-government (monetary
interactive applications) in the future, such as: financial transaction
research to explore payments online for items such as parking tickets,
business license payments, permit applications and payments, and
donations is contemplated. In no case shall the cost to provide the
functionality described in Consultant's response to the City's RFP
exceed $41,600, but the cost to City may be less if City chooses to
implement only some of the functions listed in Consultant's RFP.
B. Date for Commencement of Consultant Services:
(x) Same as Effective Date of Agreement
( ) Other:
C. Dates or Time Limits for Delivery of Deliverables:
Phase h
~<ick-of~ meeting wi[h City department staJ~ on or around March 20, 2002;
Initiation of research and conducting of user testing of current Website with
three focus groups and on the Website, and presenting of results to City on
or around April 22, 2002; Scope definition by May 8, 2002; Development of
job specifications for City Webmaster by May 8, 2002; and Development of
basic functional specifications on or around April 24, 2002 (or 25 working
days from Kick-off meeting date).
City of hula V~sta/Deltyme Corporation Agreemen[ Cif~y Website Redesign
Page 21
Deliverable No. 1 will be completed within 35 working days from Kick-off
meeting date.
Deliverable No. 2: Design Phase:
Development of conceptual design. Consultant will develop and present two
Website mockups to City during progress meeting. Consultant will develop
two revisions of the chosen design.
Deliverable No. 2 will be completed within 35 working days from Kick-off
meeting date.
Deliverable No. 3: Pro.qramminq Phase:
Development of source code for the site, including most of the ASP, Visual
Basic, Javascript, and SQL database creation; and Distribution to City of
preliminary copy of the visual layout of the Website, upon development of
source code.
Deliverable No. 3 will be completed within 85 working days from completion
of Planning and Design Phase or 120 working days from Kick-off meeting
date.
Deliverable No. 4: Implementation Phase:
Delivery of Website to City for 20 working day review of compliance with both
graphical and basic functional specifications; Delivery of Website to City for 5
working day review of revised Website based on previous City review; User
testing of revised Website; Delivery of Website to City for 5 working day
review of revised Website based on user testing; Meeting to have final
approval of City Website by City and Consultant; and Training of City staff.
Deliverable No. 4 will be completed within 30 working days from completion
of Programming Phase or 150 working days from Kick-off meeting date.
Deliverable No, 5: Final Phase:
Site launch and registration of Website with major seamh engines on the
Internet.
Deliverable No. 5 will be completed within 5 working days from completion of
Implementation Phase.
Phase
Deliverables and due date to be determined by City (City Manager or his
designee) and Consultant, if City elects to continue with this phase.
City of Chula Vista/Deltyme Corporation Agreement City Website Redesign
Page 22
D. Date for completion of all Consultant services:
Phase h Within 153 working days of City contract approval.
Phase Il: After completion of Phase I and within 80 working days of City
determination and approval of Scope of Work for Phase II.
9. Insurance Requirements:
(x Statutory Worker's Compensation Insurance
(x Employer's Liability Insurance coverage: $1,000,000.
(x Commercial General Liability Insurance: $1,000,000 including auto.
( Errors and Omissions insurance: None Required (included in Commercial
General Liability coverage).
Errors and Omissions Insurance: $250,000 (not included in Commercial
General Liability coverage).
(x) Professional Liability Insurance: $1,000,000
10. Materials and Resources to be Supplied by City to Consultant:
City Staff Resources
~ City will use its best efforts to devote appropriate staff resources to the Website
project. As a guideline and for informational purposes only, Consultant
anticipates at least 5 hours per week of the City Contract Administrator's time
over the duration of the project and at least 6 hours total time (not per week) for
each City department liaison. Lack of City to devote the amount of time
mentioned in this paragraph shall not constitute a breach of this agreement, but
may result in delay of Consultant's completion of the project.
Review T/me
o City will use its best efforts to provide comments and feedback on graphics and
navigational items in a timely manner. As a guideline and for informational
purposes only, Consultant prefers that review and comments be provide within
10 working days of City's receipt of graphics and navigational items. Lack of City
to provide reviews and comments within this timeframe shall not constitute a
hm~ch of this ~greement, h~t max,, result in clelay of Consul[a,'~t's completion of
the project. All comments must be submitted to Consultant in writing, unless
Consultant and City waive this requirement.
~ City will use its best efforts to do final functional testing of the Website in a timely
manner. As a guideline and for informational purposes only, Consultant prefers
that final functional testing of the Website be completed within 20 working'days.
Lack of City to perform final functional testing within this timeframe shall not
constitute a breach of this agreement, but may result in delay of Consultant's
City of Chula Vista/Deltyme Corporation Agreement City Website Redesign
Page 23
completion of the project. All comments must be submitted to Consultant in
writing, unless Consultant and City waive this requirement.
Deliverables
All City comments on Website functionality and Website features should be
provided to Consultant in writing within 30 working days after contract signing.
Failure of City to provide this material within this timeframe shall not constitute a
breach of this agreement, but may result in delay of Consultant's completion of
the project.
® All sample content for each page type (copy and graphics) should be provided to
Consultant within 30 working days after contract signing.. All final content should
be provided to Consultant within 90 working days after contract signing. Any
content that needs to be modified after the City has submitted the final content,
but before project completion, can be updated by City's staff prior to launch of
the Website. Failure of City to provide the sample and final content within the
timeframes mentioned shall not constitute a breach of this agreement, but may
result in delay of Consultant's completion of the project.
City will be responsible for writing its own copy for Website. All copy must be
provided to Consultant in MS Word for Windows format.
® All graphics must be presented as JPEG's, GIF's or TIFF's. Consultant may
resize images when placed within the pages. Images can be made smaller
without much distortion, but Consultant cannot enlarge pictures due to the fact
that images will decrease in quality.
All feedback must be provided in writing to Consultant and City and will be
routed through the Contract Administrators, unless Consultant and City waive
this requirement.
General Notes
® After Consultant and City have progressed to an agreed upon stage in the
Website project where changes to the Website would materially affect the
amount of work Consultant must perform to complete the project, the cost to
perform such changes, even if within the scope of the Defined Services, will be
in addition to the fixed price of the contract and at an amount to be determined
by the parties. In no case shall the cost to perform said work be more than an
amount equal to the number of hours spent on the task multiplied by the
appropriate hourly rate specified in the Rate Schedule (see Exhibit A Paragraph
~ City's Web server.is a Windows 2000 system running Microsoft IlS 5.0 at a City
site maintained by the City's rvlIS Department.
~ City will develop a SQL Server back-end that will act as the data-store for
information that changes frequently, as well as that which is submitted to City on-
line. The database back-end wilt store information on users who request
information and forms from the City.
11. Materials and Resources to be Supplied by Consultant to City:
city of Chula Vista/Deltyme Corporation Agreement City Website Redesign
Page 24
Consultant Staff Resources
Consultant will be responsible for setting up meetings with designated
department contacts, which may include department heads and other
department personnel, and will document all meetings in writing. All meeting
minutes will be submitted to City Contract Administrator.
Consultant Contract Administrator will be available by telephone and e-mail and
respond to any City Contract Administrator request or questions within one {1)
working day.
~ Consultant will work directly with City departments, City Contract Administrator,
and City Website Steering Committee to deal with specific needs, determine final
list of information to be presented on Website, and agree on a final layout for the
Website.
Consultant will conduct user research on the four current City websites by
placing a survey questionnaire on these sites prior to the redesign to elicit user
input to the redesign. Consultant will also conduct research with three focus
groups (residents, businesses, visitors) to obtain input regarding their wants and
needs on the redesign. Consultant will provide results and recommendations to
City prior to redesign.
12. Compensation:
A. (x) Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the Defined Services by Consultant
as are separately identified below, City shall pay the fixed fee associated with each phase
of Services, in the amounts and at the times or milestones or Deliverables set forth.
Consultant shall not commence Services under any Phase, and shall not be entitled to the
compensation for a Phase, unless City shall have issued a notice to proceed to Consultant
as to said Phase.
Phase Fee for Said Phase
Phase ~:
lA Contract giqnin~ $7,,50
lB. Complete Planning Phase $14,300
1C. Complete Design Phase $14,300
1D. Complete Programming Phase $14,300
1E. Complete Implementation Phase $14,300
City of Chura Vista/Deltyme Corporation Agreement City Website Redesign
Page 25
1F. Final completion - Site Launch
Final payment (30 days after Launch) $7,150
Sub-totah $71,500
Phase Il:
(Sub-phases to be defined by City upon
completion of Phase I, as approved by
City Manager or his designee) $41,600
Torah $'~ 13,'100
) 1. Interim Monthly Advances. The City shall make interim monthly
advances against the compensation due for each phase on a
percentage of completion basis for each given phase such that, at the
end of each phase only the compensation for that phase has been
paid. Any payments made hereunder shall be considered as interest
free loans which must be returned to the City if the Phase is not
satisfactorily completed. If the Phase is satisfactorily completed, the
City shall receive credit against the compensation due for that phase.
The retention amount or percentage set forth in Paragraph 19 is to be
applied to each interim payment such that, at the end of the phase,
the full retention has been held back from the compensation due for
that phase. Percentage of completion of a phase shall be assessed in
the sole and unfettered discretion by the Contracts Administrator
designated herein by the City, or such other person as the City
Manager shall designate, but only upon such proof demanded by the
City that has been provided, but in no event shall such interim
advance payment be made unless the Contractor shall have
represented in writing that said percentage of completion of the phase
has been performed by the Contractor. The practice of making interim
monthly advances shall not convert this agreement to a time and
materials basis of payment.
LL ( ) ~tourty Naie Ai"rangement
For performance of the Defined Services by Consultant as herein required, City shall
pay Consultant for the productive hours of time spent by Consultant in the performance of
said Services, at the rates or amounts set forth in the Rate Schedule hereinbelow
according to the following terms and conditions:
city of Chula Vista/Deltyme Corporation Agreement City Website Redesign
Page 26
(1) ( ) Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and materials
in excess of said Maximum Compensation amount, Consultant agrees that
Consultant will Perform all of the Defined Services herein required of
Consultant for $ including all Materials, and other
"reimbursables" ("Maximum Compensation").
Rate Schedule
Category of Employee Hourly
of Consultant Name Rate
All Staff $65.00
( ) Hourly rates may increase by 6% for services rendered after [month],
20 , if delay in providing services is caused by City.
12. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant in the performance of
services herein required, City shall pay Consultant at the rates or amounts set forth below:
(x) None, the compensation includes all costs.
Cost or Rate
( Reports, not to exceed $
~ Copies, not to exceed $
( i i'avei, not to exceed $
( Printing, not to exceed $
( Postage, notto exceed $
( Delivery, not to exceed $
( Long Distance Telephone Charges,
not to exceed $
( Other Actual Identifiable Direct Costs:
City of Chula Vista/Deltyme Corporation Agreement City Website Redesign
Page 27
, not to exceed $
, not to exceed $
13. Contract Administrators:
City: John Corbett, Library Automation Manager, City of Chula Vista
Consultant: Alan Cole, President, Deltyme Corporation
14. Liquidated Damages Rate:
( ) $__ per day.
( ) Other:
15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of
Interest Code:
(x) Not Applicable. Not an FPPC Filer.
16. ( ) Consultant is Real Estate Broker and/or Salesperson
17. Permitted Sub-consultants:
None
18. Bill Processing:
A. Consultant's Billing to be submitted for the following period of time:
( ) Monthly
( ) Quarterly
(x) Other: per Phase completion (as noted in Exhibit A Paragraph 12 A).
A Phase will be deemed complete after notification of
Consultant by the City to proceed to next Phase or at
completion of all Defined Services.
B Day of the Period for sdbmission of Consultant's Billing: ) First of the iVlonth
) 15th Day of each Month
) End of the Month
(x) Other: per Phase completion (as noted in Exhibit A Paragraph 12 A),
A Phase will be deemed complete after notification of
Consultant by the City to proceed to next Phase or at
completion of all Defined Services.
City of Chula Vista/Deltyme Corporation Agreement City Website Redesign
Page 28
C. City's Account Number: 05500-6301
19. Security for Performance
( ) Performance Bond, $
( ) Letter of Credit, $
( ) Other Security:
Type:.
Amount: $
(x) Retention. If this space is checked, then notwithstanding other provisions to
the contrary requiring the payment of compensation to the Consultant
sooner, the City shall be entitled to retain, at their option, either the following
"Retention Percentage" or "Retention Amount" until the City determines that
the Retention Release Event, listed below, has occurred:
(x) Retention Percentage: 10%
( ) Retention Amount: $
Retention Release Event:
(x) Completion of All Consultant Services
( ) Other:
City of Chula \/ista/Deltym~e Corporation Agreement City Website Redesign
Page 29
DDS
TEc .oLo , Es Attachment B
~TERUE~ ~E~E~OP~S
February 4, 2002
Mr. David Rowlands
City Manager
City of Chuta Vista
27'6 Fourth Avenue
Chula Vista, CA 91910
Mr. Rowiands:
I sat down with Mr. David Palmer and discussed the recent selection process for the City's new website. He was able to give
me reasonably specific reasons why the City selected an out-of-town website consultant, Further he was able to give me
constructive criticisms on our submission and interview before the committee. This is what I have been requesting and I wish
to thank you and he for providing this to me.
I mentioned to Mr. Palmer that with the publication of the January 28· issue of the San Diego Business Journal, Deltyme
Corp. was listed as the City consultant I received several phone calls asking me about this from local business people. It
concerned me as they have never prepared an e-Government website. Mr. Palmer explained that as the committee
performed their work, the focus of this consultant selection changed from the printed criteria to one that favored graphic design
and not e-Government experience.
~s our conversation continued, I suggested the following improvements for any future selection committee processes.
Include someone from the public or business community on the committee.
2. Be more specific and dear on the scope of services on which you will evaluate the consultants.
3. Provide a system for giving consultant debriefings.
Thank you for your cooperafien.
Sincerely,
DDS Technologies
Dan S. Biggs
Cc: I¥1r. David Palmer
INFORMATION MEMORANDUM
DATE: January 30, 2002
TO: The Honorable Mayor and City Council
VIA: David D. Rowlands, Jq~.;°City Manager
FROM: David J. Palmer, Deputy City Manager~5~)~
SUBJECT: Response to DDS Technologies'
As promised in an Information Memorandum sent to the Council last week by the City
Manager, DDS Technologies has been sent a response as to why they were not ranked
number one in the process to select a consultant to redesign the City's website. That
response is attached for your information.
CHUIA VISTA
January 25, 2002
TO: The Honorable Mayor and City Council
FROM: David D. Rowlands, J .,___r~ity Manager
SUBJECT: City's Website Designer Selection Process
You recently received a letter from Dan S. Biggs, President of DDS, a local internet
company. He complained about not being selected for the city's new website designer.
Unfortunately, his firm did not present the best proposal. The selection committee
interviewed four finalists, DDS ranked last. Members of the selection committee were
Bob Leiter, Jeri Gulbransen, John Corbett, and Louie Vignapiano. The committee is
preparing a detailed response to Mr. Biggs on why he was not selected.
I spoke with Mr. Biggs this morning and told him that he will receive a written response
from staff early next week, a copy of which will be sent to you.
cc: David Palmer
Selection Committee
Attach ment
CFIY OF
CHULA VISTA
CHULA VISTA PUBLIC LIBRARY
January 29, 2002
Mr. Dan S. Biggs, President
DDS Technologies
2400 Fenton Street, ¢200
Chula Vista, CA 91914
Mr. Biggs:
i am in receipt of your correspondence of January 16 regarding the outcome of the City of Chula
Vista Website Redesign Vendor Selection process, in which your company participated.
Question 1 "Why were we not selected? What was the shortcoming that was significant enough to
make our obvious advantages of closeness and experience not appropriate for selection ?'
The vendor selection committee reviewed the submissions of twenty responding companies.
Every effort was made to ensure that all vendors were equally considered. All of the eight
vendors, from whom a formal presentation was requested (including DDS Technologies), were
queried with the same set of questions in identical presentation formats (15 minutes for vendor
presentation and 30 minutes for panel question and answer).
Ultimately the selection committee reduced the candidate group to a final three. DDS was not
one of the final three firms These finalists best represented the overall vision of our objectives,
recognized the importance of preplanning and user evaluation, and had completed websites that
were functional, effective and creative. The criteria and rationale utilized in this process included
but were not limited to:
· the meeting of the published RFP specifications by the vendor proposal
evidenced vendor experience in developing efficient, effective and engaging Websites
evidenced vendor experience in developing Websites for city governments and/or entities
- vendor Website examples that exhibited a "look and feel" consistent with the selection
committee's design preferences
· positive references from current vendor customers
· vendor proposals that fell within the project's budgeted limit
The lack of success of any vendor in this process was not necessarily due to an inherent
"shortcoming" but rather another vendor's perceived strength in corresponding areas of review.
Much the same as two candidates for a position who have similar or identical experiential
backgrounds will have something that will allow a hiring decision to be made between them, our
selection cull-illlittee employed quantitative, qualitative and intangible measures Io decide the
successful vendor proposal Inasmuch as all of the eight vendors selected for presentation were
highly qualified, our task was all the more difficult.
Question 2 "Will the firm you select be able to properly execute the tremendous job ahead of
them in a way that I, as a member of this community, can take pride in?"
The selection committee has gone to great lengths to ensure that the selected vendor has a
proven track record of positive and satisfactory service to its customers. The committee
personally reviewed currently active Websites developed by the chosen vendor, Customer
references were solicited and the respondents were unanimous in their praise of the chosen
vendor's designlimptementation expertise and customer support. We are confident that the
Dan S. Biggs
Page 2
chosen vendor will provide the City of Chula Vista's populace with a product that is functional,
intuitive, efficient, flexible and last but not least, appealing. The chosen vendor was the highly
rated and unanimous choice of the selection committee.
In conclusion, I will say as selection committee chairperson that we were very fortunate to have
had such a large group of excellent vendors from which to choose, as I have indicated to you in
prior correspondence. Many of the respondents had qualities, that were individually outstanding,
but we feel that our committee's choice best embodies the blend of design style, functionality and
customer friendliness that the new City of Chuia Vista Website will showcase.
Again, I thank you for your company's participation in our selection process and your concern and
input as a member of the community.
Sincerely,
John Corbett
Library Automation Manager
Chula Vista Public Library
365 F Street
Chula Vista, CA 91910
619-691-5138
icorbett@chulavista.lib.ca.us
CC: Mayor & City Council
City Manager David D Rowlands, Jr.
Selection Committee
01/24/02 TEU 16:01 FAX 619 409 5884 CITY ~[ANAGERS OFFICE ~0Ol
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HNOL-OGI ES
INTERNET DEVELOPERS
Honor~ Ms. ~ifley H~n ~ ~ ',.
M~ COUN01L OFFICES
~ of ~ula ~s~ CNULA ViSTa, CA
276 F~ Aven~
Chula ~, OA glgl0
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n~ end ~ng ~ ~ non-profit ~d ~sine~ org~a~ns.
I am av~le ff you h~e ~y qu~on~ of ~. ~k you ~r y~r
Sin~re~,
D~ 8. 8~gs
P~dent
DESIGN mPROGRAMMING ~
mHOST]NG m et~ARKETiNG
2400 F~nton Street Suffe 200 Ohula ~ CA 91914 Phone: 619~21-2107 Fax: 619~21.9771 ~.ddstech.~t
INTERNET DEVELOPERS
January 16, 2002
John Corbett
Automation Manager
Chula Vista Public Library
365 F Street
Chula Vista, CA 91910
John:
Thank you for the email today. I know that the work you and the other selection committee members undertook involved long
hours of reading proposals and sitting through interviews. I appreciate your effort, and I am sure that your decision was based
on genuine and purposeful consideration.
To be credible, I must tell you that we were very surprised at not being selected. Not because we are "local". But because we
do so much e-government work and have such a strong identification within the industry for that expertise. As you know we
are the e-Government specialist working with the Cities of Coronado, Solana Beach and San Juan Capistrano and are
constantly expanding our e-Government services to others. You may not know that one of our website projects (a nation wide
system of managing plan-checks for Cities and Counties) was recently featured in the national magazine Engineering News
Record (November 5, 2001, page 27), as one of the most impressive examples of e-Government and permit stream-lining.
With all of these accolades and our recent heavy investment in Chula Vista through our new Data Center and Internet
Development facility in the Eastlake Business Center, it was almost embarrassing to not be selected by our own "home town".
But we can deal with that and are prepared to move on. My concern at this point is two-fold.
First, why were we not selected? What was the short-coming that was significant enough to make our obvious advantages of
closeness and experience not appropriate for selection? Since we compete on e-Government projects constantly, we need to
know what the "flaw" was so we can correct it.
Secondly, will the firm you select be able to propedy execute the tremendous job ahead of them in a way that I, as a member
of this community, can take pride in? I know that this kind of website is like an ice-berg - what the public sees is only about
5% of what is there. I want to know that the decision was not made on the basis of the appearance of their website portfolio,
because any web consultant knows that the appearance of the site is only a reflection of what that client wanted. The critical
element for this consultant has to be experience working with city departments as they deploy "e-Government". If the website
system is not designed so that it contains inter-related "tiers" with each department of the city intimately working with one
another, it will fail the test of time and inhibit our City's progress. If it does not make use of inter-related "Extranets", "lntranets"
and other cutting-edge technologies then we will all find ourselves in the situation where too much money is spent supporting
the website's content, and the spending of unnecessary funds on individual "systems" for each department which don't inter-
connect.
I do not know who you have selected, so my comments are made in the spirit of"what's best for my City's future". I viewed
this competition as an opportunity to contribute to "my town" and to serve "my community". This motivation is very strong
since we contribute a great deal to it and plan to continue doing so. The City's responsibility is to make a selection with
adequate knowledge of e-Government so that it serves the needs of resident and business constituents. I hope that you
have been looking at the right criteria as you make your selection. We are all counting on you and will watch with great
DDS lechnoI09'"'
anticipation to see how well you did. Web-based technology is rapidly becoming one of the most important factors in
govemment services. Your consultant must be seen as a long-term partner with you in this endeavor.
I am sending a copy of this letter to the City Manager, Mr. David Rowlands because as I understand it, your process is
completed and because I sincerely hope to contribute to the City so that it can become "the best ij can be".
Thank you for the reply and information. i look forward to being given a date when you and I can meet and explain our firm's
perceived deficiencies.
Sincerely,
DDS Technologies
We SL-
Oan 'š:Biggs . . ~
President
www.ddslec," com
Page 1 of2
David Palmer
From: John Corbett
Sent: Wednesday, January 16, 2002 10:48 AM
To: 'dbiggs@ddstech.net'
Cc: David Paimer; John Coggins
Subject: RE: Seiection of the Chula Vista Website Consultant
Dan,
We are presently in the process of contract negotiations with the tentatively-selected vendor
and preparing for the recommendation to City Council. As soon as this has been
completed, the vendor recommendation will be published. It is possible that this I!1ID' occur
informally prior to the Notice publication. I am currently in the process of obtaining City
policy clarification on that point.
I am also aware that you would like to know why DDS Technlogies was not the vendor of
choice of the selection committee. I would be happy to answer questions you have that you
forward to me via e-mail as long as it is understood that I cannot and will not divulge any
proprietary vendor information in the course of doing so.
By way of information, I will be out of the office from 1 pm this afternoon until Tuesday
morning, January 22. Any requests you send will be answered asap on Tuesday.
I hope this is helpful.
J. Corbett
john Corbett
Automation Manager
Chula Vista Public Library
365 F Street
Chula Vista, CA 91910
619-691-5138
6/9-427-4246 (fax)
"There is a principle which is a bar against all information, which is proof against all argument and
cannot help but keep man in everlasting ignorance, which is condemnation without
investigation." [by the English poet Spencer]
-----Original Message-----
fmmc Dan Biggs [maílto:dbiggs@ddstech.net]
Sent: Tuesday, January 15, 2002 9:40 AM
To: John Corbett
Subject: RE: Selection of the Chula Vista Website Consultant
Thanks for the information, John. Could you tell us who the selected vendor is?
Dan Biggs
DDS Technoiogies
2400 Fenton Street, Suite 200
Chula Vista, CA 91914
Phone: 619-421-2107 Fax: 619-421-9771
dbiggs@ddstech.net
www.ddstech.net
2/27/02
2/27/02
Page 2 of2
--mOriginal Message--m
From: John Corbett [maílto:JCorbett@chulavista.lib.ca.us]
Sent: Monday, January 14, 2002 3:34 PM
To: 'dbiggs@ddstech.net'
Subject: RE: Selection of the Chula Vista Website Consultant
Dan,
The decision has been made and a letter has been sent (this past Friday) to each of
the vendors who participated, but were not selected.
Unfortunately, DDS was not selected, but as the letter will indicate, the decision was
a very difficult one. We will be keeping the information for each vendor on file for
approximately a year in case we develop specific additional needs that they can
possibly address.
Thanks again for having participated in our process.
J. Corbett
john Corbett
Automation Manager
Chula Vista Public Library
365 F Street'
Chula Vista, CA 91910
6/9-691-5138
619-427-4246 (fax)
"There is a principle which is a bar against all information, which is proof against all argument
and cannot help but keep man in everlasting ignorance, which is condemnation without
investigation:' [by the English poet Spencer]
--mOriginal Message-----
From: Dan Biggs [maiito:dbiggs@ddstech.net]
Sent: Monday, January 14, 20023:28 PM
To: John Corbett
Subject: Selection of the Chula Vista Website Consultant
John:
Is the plan still to announce your selection website consultant on the 15th of January?
Dan Biggs
DDS Technologies
2400 Fenton Street, Suite 200
Chula Vista, CA 91914
Phone: 619-421-2107 Fax: 619-421-9771
dbiggs@ddstech.net
www.ddstech.net
RESOLUTION NO. 2002-
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE
CONSULTANT SERVICES AGREEMENT WITH
DEL TYME CORPORA nON FOR REDESIGN OF
THE CITY'S WEB SITE
WHEREAS, in March 2001, the City Council accepted a report on an audit
of the City's internal and external communications programs conducted by an
outside consultant; and
WHEREAS, one of the recommendations of that audit was that the City
should dramatically enhance its web presence; and
WHEREAS, as a result, money was budgeted for a redesign of the City's
web site and in late 2001 a formal selection process was begun; and
WHEREAS, the Selection Committee members rated the responding firms
individually and invited the following top 8 firms for personal interviews:
. Batiz.com
. DDS Technologies
. Deltyme Corporation
. Epic Cycle
. ePangea
. KFMB New Media
. NetGui/Viapointe
. Prosum
WHEREAS, at the conclusion of that process, Deltyme Corporation was the
unanimous choice of the Selection Committee.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Chula Vista does hereby approve the Consultant Services Agreement with
Deltyme Corporation for redesign of the City's website, a copy of which shall be
kept on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista
is hereby authorized to execute said Agreement on behalf of the City of Chula
Vista.
..:3 ~ '/ ¡;
BE IT FURTHER RESOLVED that the City Manager is hereby authorized
to negotiate the detailed Scope of Work and compensation for Phase II of the
Agreement involving the implementation of non-monetary interactive processes
and e-government options; the total cost of which shall not exceed $41,600.
Presented by
Approved as to form by
David Palmer
Deputy City Manager
DcwW( 7. ~ Fe ¡.
John M. Kaheny
City Attorney
.I,lattomeylresolDeltyme
~~r¡1
2
COUNCIL AGENDA STATEMENT
Item: 4
Meeting Date: 3/19/02
ITEM TITLE:
Resolution of the City Council of the City of Chula
Vista waiving the City's formal bidding process, approving the
Three-Party Agreement between the City ofChula Vista, Pacific Bay
Homes, A California Corporation, and Spurlock-Poirier Landscape
Architects for Landscape Architectural Services, and authorizing the
Mayor to execute said Agreement.
Director of Building and Park Construction ~
SUBMITTED BY:
City Manager(gt> {V
~D
Pacific Bay Homes proposes to develop a 29-acre Community Park within the Rolling Rolls Ranch
subdivision (formerly known as Salt Creek Ranch), Chula Vista Tract 92-02.
REVIEWED BY:
(4/5ths Vote: Yes - No.KJ
RECOMMENDATION: That the City Council adopt the Resolution of the City Council of the
City ofChula Vista waiving the City's formal bidding process, approving the Three Party Agreement
between the City ofChula Vista, Pacific Bay Homes, and Spurlock-Poirier Landscape Architects for
Landscape Architectural Services, and authorizing the Mayor to execute said agreement.
BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable
DISCUSSION:
Backl!round
In satisfaction of the City Parkland Dedication Ordinance, in partial satisfaction for entitlements
received for the Rolling Hills Ranch project and in satisfaction of Conditions of Approval for the
Rolling Hills Ranch project, Pacific Bay Homes is providing a 'turn-key' public community park on
29-acres located south of Proctor Valley Road, west of Duncan Ranch Road, east of a dedicated open
:>pace Jut amlliunte Parkway ami north of a three..acrc CPF site and the subdivision's southern
boundary,
Waivinl! the Consnltant Selection Process
The Consultant, Spurlock Poirier, was originally selected after Applicant staff and City staff
interviewed three Landscape Architectural firms and in early 1997 entered into a two-party
Agreement between Pacific Bay Homes and Spurlock Poirier to provide Landscape Architectural
services for the project's two proposed parks, a Community park and a neighborhood park. The
Page 2, Item:
Meeting Date: 3/19/02
development of the neighborhood park, Mackenzie Creek Park, was given priority over this proposed
Community Park to satisfy the requests of the surrounding community. Mackenzie Creek Park has
been developed by the Applicant, accepted by the City and is open for public use.
The Applicant is conditioned to enter into a Three-Party Agreement for the development of the
Community park. It is staff's recommendation that it is in the City's interest to waive the consultant
selection process as impractical and retain the services of Spurlock-Poirier since the City's interest
would be materially better served for the following reasons:
a. Spurlock-Poirier has demonstrated competence and qualifications for the services required,
including but not limited to, a unique understanding and expertise due to their prior work on
Mackenzie Creek Neighborhood Park located in Rolling Hills Ranch.
b. Additional work by Spurlock-Poirier would provide continuity in the project's progression.
c. Selection of an alternate firm would delay the park approval and development process,
already delayed with the priority given the neighborhood park, and a significant amount of
time and effort in learning and understanding the project sufficiently to represent the City's
interest in an effective and timely manner would be lost.
d. This selection is based upon the firm's qualifications, experience of professional staff, the
project team's related expertise, demonstrated performance of similar work for the
neighborhood park, and the quality of that work.
The Consultant represents that they are experienced and staffed in a manner such that they can
prepare and deliver the required services to the City in the desired timeframe.
Sc.~9.pe of Work
Under the terms of this Agreement and in conjunction with City staff, Spurlock Poirier will prepare a
Community Park Master Plan. Upon successful completion of the Master Plan work effort, work
will continue with design development, construction drawings, and thereafter, actual park
construction.
The community center building's construction may proceed on a delayed schedule until funds are
secured to pay for that element of the community park.
The master plan responsibilities and services will be provided as needed, and will require the
consultant to provide professional Landscape Architectural Services as required to prepare, submit
and obtain the Approval from the City Council for a Rolling Hills Ranch Community Park Master
Plan. The City may decide to continue the park's development with Consultant providing design
Page 3, Item: i
Meeting Date: ~
development, construction docwnents and construction administration phases of work. An Addenda
shall define phases and Consultant services and will be presented in the future to City Council for
consideration.
The detailed scope of work for the Consultant is set forth in the Three-Party Agreement attached
hereto.
Contract Payment:
The total not-to-exceed amount to be paid to the Consultant is $90,700.00. The Project Applicant
has previously paid monies to the City in partial satisfaction of the Project's Parkland Acquisition
and Development Obligation. The City has these monies in a deposit account and will use a portion
of the money to pay for the Consultant's services. The City will also receive a standard
administration fee amounting to 10% ofthe Contract. The Project's Applicant will also reimburse
the City for any stafftime associated with the implementation ofthe Contract through a separate staff
processing deposit account that has already been established. Spurlock Poirier consulting fees of
$90,700.00 will be paid by the Project Applicant (Pacific Bay Homes) through existing deposit
accounts.
Conclusions
Staff believes, based upon a full understanding of the issues involved, that the City will realize an
increased benefit in the recreational resources available to the residents of Chula Vista. Staff
recommends, based upon the benefits of this agreement, that the City Council approve the proposed
Agreement.
FISCAL IMPACT:
There will be no resulting impact to the General Fund. Spurlock Porier consulting fees will be paid
by the Project Applicant (Pacific Bay Homes) through existing deposit accounts.
Attachment:
Three Party Agreement
RESOLUTION NO. 2002-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVING THE CITY'S FORMAL BIDDING
PROCESS, APPROVING THE THREE-PARTY AGREEMENT
BETWEEN THE CITY OF CHULA VISTA, SPURLOCK
POIRIER LANDSCAPE ARCHITECTS AND PACIFIC BAY
HOMES, A CALIFORNIA CORPORATION, FOR
LANDSCAPE ARCHITECTURAL SERVICES, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
WHEREAS, in satisfaction of the City Parkland Dedication Ordinance, in partial
satisfaction for entitlements received for the Rolling Hills Ranch Project and in satisfaction of
Conditions of Approval for the Rolling Hills Ranch Project, Pacific Bay Homes is providing a
"turn-key" public community park on 29 acres located south of Proctor Valley Road, west of
Duncan Road, east of a dedicated open space lot and Hunte Parkway and north of three-acre CPF
site and the subdivision's southern boundary; and
WHEREAS, to realize this community park, a landscape architectural design firm is
needed to provide a community park master plan; and
WHEREAS, it is staff's recommendation that it is in the City's interest to waive the
consultant selection process as impractical and retain the services of Spurlock-Poirier since the
City's interest would be materially better served for the following reasons:
a. Spurlock-Poirier has demonstrated competence and qualifications for the services
required, including but not limited to, a unique understanding and expertise due to their prior
work on Mackenzie Creek Neighborhood Park located in Rolling Hills Ranch.
b.
progression.
Additional work by Spurlock-Poirier would provide continuity in the project's
c. Selection of an alternate firm would delay the park approval and development
process, already delayed with the priority given the neighborhood park, and a significant amount
of time and effort in learning and understanding the project sufficiently to represent the City's
interest in an effective and timely manner would be lost.
d. This selection is based upon the firm's qualifications, experience of professional
staff, the project team's related expertise, demonstrated performance of similar work for the
neighborhood park, and the quality of that work.
Lf~J./
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista, does hereby waive the City's formal bidding process as impractical for the reasons stated
above and approve the Three Party Agreement between the City of Chula Vista, Spurlock Poirier
Landscape Architects and Pacific Bay Homes, a California Corporation, for Landscape
Architectural Services, a copy of which shall be kept on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said agreement on behalf of the City.
Presented by:
Approved as to form by:
~1~~
Joh Kaheny
City Attorney
Andy Campbell, Director
Building and Park Construction
nAttorneylresolSpurlock roilier
2
'f~5"
Three Party Agreement
Between
City of Chula Vista,
Spurlock Poirier Landscape Architects, Consultant, and
Pacific Bay Properties, A California Corporation, Applicant
For Consulting Work to be Rendered
With regard to Applicant's Project
I.
Parties
This Agreement is made as of the reference date set forth in Exhibit A, for the purposes of
reference only, and effective as of the date last executed by the parties hereto, between the City of
Chula Vista ("City") herein, a municipal corporation of the State of California, the person designated
on the attached Exhibit A as "Consultant" Spurlock Poirier Landscape Architects whose business
form and address is indicated on the attached Exhibit A, and the person designated on the attached
Exhibit A as "Applicant" Pacific Bay Properties, A California Corporation whose business form and
address is indicated on the attached Exhibit A, and is made with reference to the following facts:
2.
Recitals, Warranties and Representations.
2.1. Warranty of Ownership.
Applicant warrants that Applicant is the owner of land ("Property") commonly known as, or
generally located as, described on Exhibit A, Paragraph I, or has an option or other entitlement to
develop said Property.
2.2 Applicant is developing its property in accordance with that tentative map adopted
pursuant to City of Chula Vista Resolution Nos. 16834 and 2000-190 and commonly known as
Rolling Hills Ranch. The tentative map requires that Applicant enter into the City's standard three
party agreement for the purposes of retaining a landscape architect for the preparation of a master
park plan for the community park located within Rolling Hills Ranch.
2.3. In order for the City to process the Application of Applicant, Work of the general
nature and type described in Exhibit A, Paragraph 4, ("Work") will need to be completed.
2.4 City does not presently have the "in-house" staff or resources to process the
application within the time frame requested for review by the Applicant.
2.5 This agreement proposes an arrangement by which Applicant shall retain, and be
liable for the costs of retaining, Consultant, who shall perform the services required of Consultant by
this Agreement solely to, and under the direction of, the City. Nonetheless, the parties hereto
anticipate that the design of the community park will be a cooperative effort involving City,
Applicant, and Consultant.
2.6. Additional facts and circumstances regarding the background for this agreement are
set forth on Exhibit B;
3ptyagmt
March 5, 2002
City of Chula Vista/Spurlock Poirier/Pacific Bay Homes
Page 1
¥"'~
3.
Agreement.
NOW, THEREFORE, IT IS MUTUALLY AGREED TO AND BETWEEN THE City,
Consultant, AND Applicant AS FOLLOWS:
3.1. Employment of Consultant by Applicant.
Consultant is hereby engaged by the Applicant, not the City, and at Applicant's sole cost and
expense, to perform all of the services described on the attached Exhibit A, Paragraph 4, entitled
"General Nature of Consulting Services", ("General Services"), and in the process of performing and
delivering said General Services, Consultant shall also perform all of the services described in
Exhibit A, Paragraph 5, entitled "Detailed Scope of Work", ("Detailed Services"), and all services
reasonable necessary to accomplish said General Services and Detailed Scope of Work, and shall
deliver such documents required ("Deliverables") herein, all within the time frames herein set forth,
and in particular as set forth in Exhibit A, Paragraph 7, and if none are set forth, within a reasonable
period of time for the diligent execution of Consultant's duties hereunder. Time is of the essence of
this covenant.
The Consultant does hereby agree to perform said General and Detailed Services for the
compensation herein fixed to be paid by Applicant.
In delivering the General and Detailed Services hereunder, the Consultant shall do so in a
good, professional manner consistent with that level of care and skill ordinarily exercised by
members of the profession currently practicing under similar conditions and in similar locations, at
its own cost and expense except for the compensation and/or reimbursement, if any, herein
promised, and shall furnish all of the labor, technical, administrative, professional and other
personnel, all supplies and materials, machinery, equipment, printing, vehicles, transportation, office
space and facilities, calculations, and all other means whatsoever, except as herein otherwise
expressly specified to be furnished by the City or Applicant, necessary or proper to perform and
complete the work and provide the Services required of the Consultant.
3.2. Compensation of Consultant.
Applicant shall compensate Consultant for all services rendered by Consultant without regard
to the conclusions reached by the Consultant, and according to the terms and conditions set forth in
Exhibit C adjacent to the governing compensation relationship indicated by a "checkmark" next to
the appropriate arrangement, in accordance with the security deposit provisions of Paragraph 2 of
Exhibit C, if checked, and upon receipt of such payment by the City, City shall promptly, not later
than 15 days, or in accordance with the Bill Processing procedure in Exhibit C, if checked, pay said
amount to the Consultant. City is merely acting in the capacity as a conduit for payment, and shall
not be liable for the compensation unless it recei ves same from Applicant. Applicant shall not make
any payments of compensation or otherwise directly to the Consultant.
3.2.1. Additional Work. If the Applicant, with the concurrence of City, determines
that additional services ("Additional Services") are needed from Consultant of the type Consultant is
qualified to render or reasonably related to the Services Consultant is otherwise required to provide
3ptyagmt
March 5, 2002
City of Chula Vista/Spurlock Poirier/Pacific Bay Homes
Page 2
~-7
by this Agreement, the Consultant agrees to provide such additional services on a time and materials
basis paid for by Applicant at the rates set forth in Exhibit C, unless a separate fixed fee is otherwise
agreed upon in writing for said Additional Work between the parties.
3.2.1.1. In the event that the City shall determine that additional work is
required to be performed above and beyond the scope of work herein provided, City will consult
with Applicant regarding the additional work, and if thereupon there is a need to amend the
agreement to address such work the parties hereto agree to cooperate in good faith in order to amend
this agreement.
3.2.2. Reductions in Scope of Work.
City may independently, or upon request from Consultant, from time to time reduce
the Services to be performed by the Consultant under this Agreement. Upon doing so, City and
Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding
reduction in the compensation associated with said reduction. Upon failure to agree, the Fixed Fee
may be unilaterally reduced by the City by the amount of time and materials budgeted by Consultant
for the Services deleted.
3.3. Security for Payment of Compensation by Applicant.
3.3.1. Deposit. As security for the payment of Consultant by Applicant, Applicant
has, on or about October, 1997, deposited the sum of $5,601,940 in satisfaction of Rolling Hills
Ranch parklands obligation, from which the City will withdraw, pursuant to the terms of this
Agreement, the amount owed to the Consultant for performing under the terms of this Agreement as
more particularly described in the Exhibits hereto.
3.3.1.1 Other Terms of Deposit Trust.
3.3.1.1.1. City shall also be entitled to retain from said Deposit all
costs incurred by City for which it is entitled to compensation by law or under the terms of this
agreement.
3.3.1.1.2. All interest earned on the Deposit Amount, if any, shall
accrue to the benefit of, and be used for, Trust purposes. City may, in lieu of deposit into a separate
bank account, separately account for said deposit in one or more of its various bank accounts, and
upon doing so, shall proportionately distribute to the Deposit Trust, the average interest earned
during the period on its general fund.
3.3.1.1.3. Any unused balance of Deposit Amount, including any
unused interest earned, shall be returned to Applicant not later than 30 days after the termination of
this Agreement and any claims resulting therefrom.
3.3.1.1.4. Applicant shall be notified within 30 days after the use of
the Deposit in any manner. Nothing herein shall invalidate use of the Deposit in the manner herein
authorized.
3ptyagmt
March 5, 2002
City of Chula Vista/Spurlock Poirier/Pacific Bay Homes
Page 3
"/ -.f
3.3.2. Withholding of Processing.
In addition to use of the Deposit as security, in order to secure the duty of Applicant
to pay Consultant for Services rendered under this agreement, City shall be entitled to withhold
processing of Applicant's Application upon a breach of Applicant's duty to compensate Consultant.
4.
Non-Service Related Duties of Consultant.
4.1. Insurance.
Consultant represents that it and its agents, staff and subconsultants employed by it in
connection with the Services required to be rendered, are protected against the risk of loss by the
following insurance coverage's, in the following categories, and to the limits specified, policies of
which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall
meet with the approval of the City:
4.1.1. Statutory Worker's Compensation Insurance and Employer's Liability
Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 10.
4.1.2. Commercial General Liability Insurance including Business Automobile
Insurance coverage in the amount set forth in Exhibit A, Paragraph 10, combined single limit applied
separately to each project away from premises owned or rented by Consultant, which names City
and Applicant as an Additional Insured, and which is primary to any policy which the City may
otherwise carry ("Primary Coverage"), and which treats the employees of the City and Applicant in
the same manner as members of the general public ("Cross-liability Coverage").
4.1.3. Errors and Omissions insurance, in the amount set forth in Exhibit A,
Paragraph 10, unless Errors and Omissions coverage is included in the General Liability policy.
4.2. Proof of Insurance Coverage.
4.2.1. Certificates of Insurance. Consultant shall demonstrate proof of coverage
herein required, prior to the commencement of services required under this Agreement, by delivery
of Certificates of Insurance demonstrating same, and further indicating that the policies may not be
canceled without at least thirty (30) days written notice to the Additional Insured.
4.2.2. Policy Endorsements Required. In order to demonstrate the Additional Insured
Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial
General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City and
Applicant demonstrating same.
4.3. Public Statements.
All public statements and releases to the news media shall be the responsibility of the City
and the Applicant. The Consultant shall not publish or release news items, articles or present
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lectures on the Project, either during the course of the study or after its completion, except on written
concurrence of the City and Applicant.
4.4. Communication to Applicant.
Consultant and Applicant may communicate directly regarding the park, but Consultant shall
promptly inform the City in writing of the substance of all such communications between Consultant
and Applicant regarding the park.
5.
Non-Compensation Duties of the Applicant.
5.1. Documents Access.
The Applicant shall provide to the Consultant, through the City, for the use by the Consultant
and City, such documents, or copies of such documents requested by Consultant, within the
possession of Applicant reasonably useful to the Consultant in performing the services herein
required of Consultant, including but not limited to those described in Exhibit A, Paragraph 7.
5.2. Property Access.
The Applicant hereby grants permission to the City and Consultant to enter and access the
Property, to take any borings, make any tests, conduct any surveys or reconnaissance necessary to
deliver the Services of Consultant, subject to the approval of the Applicant. Consultant shall
promptly repair any damage to the subject property occasioned by such entry and shall indemnify,
defend, and hold Applicant harmless from all loss, cost, damage, expenses, claims, and liabilities in
connection with or arising from any such entry and access.
5.3. Cooperation.
City and Applicant hereby agree to schedule regular meetings, at least on a monthly basis,
and upon request of either party for monitoring the progress of the park and performance obligations
of the parties to this Agreement. City further agrees that should a dispute arise which the Contract
Administrators cannot resolve after a good faith effort to do so, City shall convene an Executive
Committee to meet with the Contract Administrators to address the dispute. The Executive
Committee will consist of the City Manager or designee, the City's Director of Recreation or
designee, the City's Director of Public Works or designee, the City's Director of Building and Park
Construction or designee, a representative of the City Attorney's office, and Applicant's Division
Manager or similarly authorized representative.
6.
Administrative Representatives.
Each party designates the individuals ("Administrators") indicated in Exhibit A, Paragraph 8,
as said party's contract administrator who is authorized by said party to represent them in the routine
administration of this agreement.
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7.
Conflicts of Interest
7.1. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 9, as an "FPPC filer", Consultant is
deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and
disclosure provisions, and shall report his economic interests to the City Clerk on the required
Statement of Economic Interests in such reporting categories as are specified in Paragraph 9 of
Exhibit A, or if none are specified, then as determined by the City Attorney.
7.2. Decline to Participate.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make,
or participate in making or in any way attempt to use Consultant's position to influence a
governmental decision in which Consultant knows or has reason to know Consultant has a financial
interest other than the compensation promised by this Agreement.
7.3. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and
represents that Consultant has diligently conducted a search and inventory of Consultant's economic
interests, as the term is used in the regulations promulgated by the Fair Political Practices
Commission, and has determined that Consultant does not, to the best of Consultant's knowledge,
have an economic interest which would conflict with Consultant's duties under this agreement.
7.4. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants
and represents that Consultant will not acquire, obtain, or assume an economic interest during the
term of this Agreement which would constitute a conflict of interest as prohibited by the Fair
Political Practices Act.
7.5. Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants
and represents that Consultant will immediately advise the City Attorney of City if Consultant learns
of an economic interest of Consultant's which may result in a conflict of interest for the purpose of
the Fair Political Practices Act, and regulations promulgated thereunder.
7.6. Specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant, nor Consultant's immediate
family members, nor Consultant's employees or agents ("Consultant Associates") presently have any
interest, directly or indirectly, whatsoever in the property which is the subject matter of the Project,
or in any property within 10 radial miles from the exterior boundaries of the property which is the
subject matter of the Project, or ("Prohibited Interest").
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Consultant further warrants and represents that no promise of future employment,
remuneration, consideration, gratuity or other reward or gain has been made to Consultant or
Consultant Associates by Applicant or by any other party as a result of Consultant's performance of
this Agreement. Consultant promises to advise City of any such promise that may be made during
the Term of this Agreement, or for 12 months thereafter.
Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest
within the Term of this Agreement, or for 12 months after the expiration of this Agreement.
Consultant may not conduct or solicit any business for any party to this Agreement, or for
any third party which may be in conflict with Consultant's responsibilities under this Agreement.
8.
Default of the Consultant for Breach.
This agreement may be terminated by the City for default if the Consultant breaches this
agreement or if the Consultant refuses or fails to pursue the work under this agreement or any phase
of the work with such diligence which would assure its completion within a reasonable period of
time. Termination of this agreement because of a default of the Consultant shall not relieve the
Consultant from liability of such default.
9.
City's Right to Terminate Payment for Convenience, Documents.
9.1. Notwithstanding any other section or provision of this Agreement, the City has the
right to terminate this Agreement or any work to be performed pursuant to this Agreement, but will
confer with Applicant prior to any such termination.
9.2. In the event of termination of this agreement by the City in the absence of default of
the Consultant, the City shall pay the Consultant for the reasonable value of the services actually
performed by the Consultant up to the date of such temùnation, less the aggregate of all sums
previously paid to the Consultant for services performed after execution of this agreement and prior
to its termination.
9.3. The Consultant hereby expressly waives any and all claims for damage or
compensation arising under this agreement, except as set forth herein, in the event of such
termination.
9.4. In the event of termination of this agreement, and upon demand of the City, the
Consultant shall deliver to the City, all field notes, surveys, studies, reports, plans, drawings and all
other materials and documents prepared by the Consultant in performance of this agreement, and all
such documents and materials shall be the property of the City; provided however, that the
Consultant may retain copies for their own use and the City shall provide a copy, at Applicant's cost,
of all such documents to the Applicant.
9.5. Applicant shall have no right to terminate Consultant, and shall not exercise any control
or direction over Consultant's work.
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10.
Administrative Claims Requirement and Procedures
No suit 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 of Chula Vista and acted upon by the City of
Chula Vista in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista
Municipal Code, the provisions of which are incorporated by this reference as if set fully set forth
herein.
11.
Hold Harmless and Indemnification
11.1. Indemnification and Hold Harmless Agreement.
With respect to any liability, including but not limited to claims asserted or costs, losses,
attorney fees, or payments for injury to any person or property caused or claimed to be caused by the
acts or omissions of the Consultant, or the Consultant's employees, agents and officers, arising out
of any services performed involving this project, except liability for Professional Services covered
under Section 11.2 the Consultant agrees to defend, indemnify, protect and hold harmless the City,
its agents, officers, or employees from and against all liability. Also covered is liability arising from,
connected with, caused by, or claimed to be caused by the active or passive negligent acts or
omissions of the City, its agents, officers, or employees which may be in combination with the active
or passive negligent acts or omissions of the Consultant, its employees, agents, or officers, or any
third party. The Consultant's duty to indemnify, protect, and hold harmless shall not include any
claims or liabilities arising from the sole negligence or sole willful misconduct of the City, its agents,
officers, or employees. This Section in no way alters, affects or modifies the Consultant's obligation
and duties under Section 1 herein and Exhibit A to this Agreement.
11.2. Indemnification for Professional Services
As to the Consultant's professional obligation, work or services involving this Project, the
Consultant agrees to indemnify, defend and hold harmless the City, its agents, officers, and
employees from and against any and all liability, claims, costs, and damages, including but not
limited to, attorneys fees, losses or payments for injury to any person or property, caused directly or
indirectly from the negligent acts, errors or omissions of the Consultant or the Consultant's
employees, agents, or officers; provided, however, that the Consultant's duty to indemnify shall not
include any claims or liability arising from the negligence or willful misconduct of the City, its
agents, officers and employees.
11.3. Applicant to Indemnify City re Compensation of Consultant.
Applicant agrees to defend, indemnify and hold the City harmless against and from any and
all claims, losses, damages, expenses or expenditures of City, including its elected officials, officers,
employees, agents, or representatives of the City ("City Indemnitees"), in any way resulting from or
arising out of the refusal to pay compensation as demanded by Consultant for the performance of
services required by this Agreement.
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12.
Business Licenses
Applicant agrees to obtain a business license from the City and to otherwise comply with
Chula Vista Municipal Code, Title 5. Applicant further agrees to require Consultant to obtain such
business license and to comply with Chula Vista Municipal Code, Title 5.
13.
Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems
and any other materials or properties produced under this Agreement shall be the sole and exclusive
property of City. No such materials or properties produced in whole or in part under this Agreement
shall be subject to private use, copyrights or patent rights by Consultant in the United States or in
any other country without the express written consent of City. City shall have unrestricted authority
to publish, disclose (except as may be limited by the provisions of the Public Records Act),
distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data,
statistics, forms or other materials or properties produced under this Agreement.
14.
Miscellaneous.
14.1. Consultant not authorized to Represent City.
Unless specifically authorized in writing by City, neither Consultant nor Applicant shall have
authority to act as City's agent to bind City to any contractual agreements whatsoever.
14.2. Notices.
All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any party shall be
deemed to have been properly given or served if personally served or deposited in the United States
mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested,
at the addresses identified for the parties in Exhibit A.
14.3. Entitlement to Subsequent Notices.
No notice to or demand on the parties for notice of an event not herein legally required to be
given shall in itself create the right in the parties to any other or further notice or demand in the
same, similar or other circumstances.
14.4. Entire Agreement.
This Agreement, together with any other written document referred to or contemplated
herein, embody the entire Agreement and understanding between the parties relating to the subject
matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived
or discharged except by an instrument in writing executed by the party against which enforcement of
such amendment, waiver or discharge is sought.
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14.5. Capacity of Parties.
Each signatory and party hereto hereby warrants and represents to the other party that it has
legal authority and capacity and direction from its principal to enter into this Agreement; that all
resolutions or other actions have been taken so as to enable it to enter into this Agreement.
14.6. Governing LawNenue.
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.
14.7. Modification.
No modification or waiver of any provision of this Agreement shall be effective unless the
same shall be in writing and signed by the parties hereto, and then shall be valid only in the specific
instance and for the purpose for which given.
14.8. Counterparts.
This Agreement may be executed in more than one counterpart, each of which shall be
deemed to be an original but all of which, when taken together shall constitute but one instrument.
14.9. Severability.
In the event that any provision of this Agreement shall for any reason, be determined to be
invalid, illegal, or unenforceable in any respect, the parties hereto shall negotiate in good faith and
agree to such amendments, modifications, or supplements to this Agreement or such other
appropriate action as shall, to the maximum extent practicable in light of such determination,
implement and give effect to the intentions of the parties as reflected herein.
14.10. Headings.
The captions and headings in this Agreement are for convenience only and shall not define or
limit the provisions hereof.
14.11. Waiver.
No course of dealing or failure or delay, nor the single failure or delay, or the partial exercise
of any right, power or privilege, on the part of the parties shall operate as a waiver of any rights
herein contained. The making or the acceptance of a payment by either party with knowledge of the
existence of a breach shall not operate or be construed to operate as a waiver of any such breach.
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14.12. Remedies.
The rights of the parties under this Agreement are cumulative and not exclusive of any rights
or remedies which the parties might otherwise have unless this Agreement provides to the contrary.
14.13. No Additional Beneficiaries.
Despite the fact that the required performance under this agreement may have an affect upon
persons not parties hereto, the parties specifically intend no benefit therefrom, and agree that no
performance hereunder may be enforced by any person not a party to this agreement.
Notwithstanding the foregoing, this is a three party agreement and the City is an express third party
beneficiary of the promises of Consultant to provide services paid for by Applicant.
15.
Assignability
Upon request of Applicant, this Agreement may be assigned to Applicant's successor in
interest if the City Manager, in his/her sole discretion determines that such an assignment will not
adversely affect the City's interest. The City Manager in his/her sole discretion may, if such
assignment is requested, permit a substitution of deposit account funds by Applicant's successor in
interest in place and stead of the original deposit described herein, in an amount the City Manager
deems sufficient to protect the City's interests. Such assignment will be in a form approved by the
City Attorney.
(End of Page. Next Page is Signature Page.)
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Signature Page
Now therefore, the parties hereto, having read and understood the terms and conditions of this
agreement, do hereby express their consent to the terms hereof by setting their hand hereto on the
date set forth adjacent thereto.
Dated:
Attest:
Susan Bigelow
City Clerk
Approved as to Form:
~ J)n ~~
JOhn~eny
City Attorney
Dated:
/VI~ 7 I 'þPO-z-.-
,
Dated:
City of Chula Vista
By:
Shirley Horton, Mayor
Consultant:
::",I~
Andrew Spurlock
Applicant:
Pacific Bay Properties, A California Corp.
By ~MjlÂð-fL/
Li Ja k n
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Exhibit A
Reference Date of Agreement: March 5, 2002
Effective Date of Agreement: March 5, 2002
City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910
Consultant: Spurlock Poirier Landscape Architects
Business Form of Consultant:
( ) Sole Proprietorship
(X) Partnership
( ) Corporation
Address: 917 Ninth Avenue, San Diego, CA 92101
Applicant: Pacific Bay Homes, A California Corporation
Business Form of Applicant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
Address: 2300 Boswell Road, Suite 209, Chula Vista, CA 91914
1. Property (Commonly known address or General Description):
The City ofChula Vista has approved a Tentative Subdivision Map (Map) know as Rolling Hills
Ranch (formerly known as Salt Creek Ranch), Chula Vista Tract 92-02, which includes a 22-acre
Community Park site. The Map also includes the capacity for 2,609 total dwelling units, open
space areas, two school lots, a neighborhood park and a community purpose facility and open
space lots.
2. Project Description ("Project"):
Community Park:
The City has accepted an 'in-lieu' park fee for the EastLake Woods project (located directly
south of the Rolling Hills Ranch project boundary) and purchased approximately 7 acres
contiguous to the Rolling Hills Ranch 22-acre Community Park site. The combined 29-acre
Project community park site to be improved is located south of Proctor Valley Road, west of
Duncan Ranch Road, east of a dedicated open space lot and Hunte parkway and north of a 3 acre
CPF site and the subdivision's southern boundary.
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3. Entitlements applied for:
Approved Tentative Map Tract 92-02, Approved Final Maps for Neighborhoods I through 8,
future proposed Pinal Maps for Neighborhoods 9 through 13.
4. General Nature of Consulting Services ("Services - - General"):
4.1 Park Master Plan - Provide professional Landscape Architectural Services as required to
prepare, submit and obtain the Approval from the City Council for a Rolling Hills Ranch
Community Park Master Plan. Plan shall be prepared and all Consultant services shall be
performed to the satisfaction of the Director of Building and Park Construction or designee.
Plan shall consist of a Preliminary Master Plan, Draft Master Plan and Master Plan with
accompanying support documents as outlined in Paragraph 5 as a Detailed Scope of Work.
4.2 Addenda to Contract Scope of Work - Parties acknowledge that the Scope of Services and/or
Fees may be expanded upon successful completion of the master planning work effort, as
defined solely by the City, if agreeable to the City in cooperation with the Applicant, to
continue the park's development with Consultant providing design development,
construction documents and construction administration phases of work. Addenda shall
define phases and Consultant services and shall be presented to City Council for Approval.
5. Detailed Scope of Work ("Detailed Services"):
Consultant shall provide the following services, all to the satisfaction of the Director Building
and Park Construction or designee. Applicant and City will cooperate in developing a survey
that will be used to assist in determining the activities that will be included in the park. This may
add to or subtract from the preliminary park programming.
5.1 Park Programming - The preliminary park programming used to prepare the Master Plan is
subject to change by the City as a result of the work effort. The preliminary programming
is established at this time which may include the following:
I. Three (3) Soccer fields with 40-foot candle lighting and sized to 225' x 360'
2. Two (2) Softball fields with 40-foot candle lighting and sized with 60' baselines and
300' radius outfield
Nineteen (19) Picnic tables, some with BBQ's and shade structures
Three (3) Tot lots with play equipment targeting difference age groups
Two (2) Tennis courts with lighting
Three (3) Basketball courts with lighting
Restroom/maintenance building
Community trail loop around the park site
Automobile parking shared with CPF site
Open lawn areas
At this time, design of the Community Center is provided only as a place holder for
future consideration, but would be programmed as a multi-purpose community
recreational service including: Recreational Programs, Human Services, Educational
3.
4.
5.
6.
7.
8.
9.
10.
II.
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Services, Classes and MeetinglRental space. The 15,885 square foot building is to
include:
2,000 sq. ft. senior/teen annex (occupancy 400)
Multi-purpose dividable room
Gymatorium
Game room
Craft room
Kitchen
Restrooms and Shower with dressing room
Office
Utility room
Custodial room
Commensurate storage for each activity space
The master plan work effort shall include a review by Consultant of this programming and
provide a determination for the appropriateness of the programming for this park site and if
appropriate make recommendations to the City for modification.
5.2 Community Workshops: Organize, coordinate and conduct three (3) public community
workshops to solicit input from the surrounding residents and interested citizens on the
parks development.
5.3 Research, Inventory and Site Analysis: Provide an analysis of existing site conditions
related to park program. Consult with City and Applicant regarding opportunities,
constraints of existing site conditions and current design. Evaluate and describe
opportunities and constraints in graphic form including the following:
. Circulation and access
. Adjacent conditions and uses
. Soil and hydrology
. Adjacent wetland and open space
. Orientation to climate and sun
. Orientation to views and spatial patterns
From information provided by City and Applicant:
. Legal and physical boundaries
. Holdings and easements
. Historical or archaeological significance
. Applicable ordinances
. Zoning, codes and guidelines
5.4 Conceptual Master Plan: Prepare three scenarios as conceptual alternatives illustrating
differences in arrangement of uses, program emphasis, and character of the park. Evaluate
pros and cons of alternatives and work with City and Applicant to define a preferred
scenario. Refine, as directed by the City in cooperation with Applicant, the preferred
scenario including the following:
. Refined program modules
. Order of magnitude costs
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. Conceptual ideas for alternatives
. Architecture and facility diagrams
. Site cross-sections
. Functional relationships
. Social relationships
. Aesthetic and environmental opportunities
5.5 Develop the refined preferred scenario Conceptual Master Plan in three stages as 1) a
Preliminary Master Plan, 2) a Draft Master Plan and 3) a Master Plan. Develop and
incorporate the following elements at each of the threeßages:
. All existing and proposed improvements
. Park and recreational facilities clearly identified
. Open space areas
. Trail system (pedestrian, bicycling, hiking, equestrian)
. Types of fencing, retaining and freestanding walls.
. Walkways, pedestrian and vehicular circulation, interface, and protections and parking
. Irrigation mainline layout, with proposed and existing water meters
. Areas to receive conventional irrigation, temporary, drip, or none (as applicable).
. Water conservation measures.
. Lighting concepts
. Indicate plant palette (botanical and common name), with types, location sizes, and
percentage of quantity by size, both proposed and existing and the stated design function
and purpose of each type:
0 Slope and erosion control treatment
0 Street trees
0 Seeding and container stock
0 Distinguish between groundcovers or lawn areas and method of separation
0 Relative drought tolerance of materials proposed
0 Relative fire retardance of materials proposed
0 Maintenance responsibilities and boundaries
. Grading design and drainage intent
. Signage and monumentation
. Property lines, easements, and deed restrictions
. Paved, unpaved areas, and types of paving
. Views (on-site and off-site) opportunities, preservation, and enhancements
. Implementation plan (Schedule)
. Financing plan
. Phasing plan (if appropriate)
. Estimate of probable construction costs with 15% contingency. The total construction
cost shall equal the City provided park construction budget.
. Architectural thematic design ofbuilding(s) including: thematic elevations, programming
to establish building footprint and estimate of probable costs with 15% contingency.
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5.6 Filing Application: Prepare the appropriate plans and documents that are required by the
City and complete and submit the Park Master Plan Processing Application Form.
5.7 Estimate of Probable Cost: Provide an itemized analysis of costs of all elements of the
Project. Review with the City and Applicant. Work with City and Applicant to develop a
cost strategy including the budget and/or phasing of improvements.
5.8
Meetings - Consultant shall provide written agendas and meeting notes for all meetings:
. Pre-Application Meeting: Meet with the Applicant and the City to familiarize the
Consultant with design issues and expectations related to development of the park from
the point of view of both the Applicant and the City. Review the park program and
elements with appropriate agencies.
. Evaluation Meeting: Present three scenarios (5.4) to City and Applicant. City in
cooperation with Applicant will select a preferred alternative if acceptable. Respond to
comments as directed by City Staff.
. Refined Scenario Meetings: Present refinement of selected Preferred Alternative of
Conceptual Plan to City and Applicant as necessary to obtain City staff approval.
. Periodic Meetings: Attend all meetings as listed in Exhibit D attached hereto.
. Park and Recreation Commission Presentation: Present the Draft Park Master Plan to the
Park and Recreation Commission for review and comment. Respond to comments as
directed by City Staff. Present to P&R Commission refined alternatives until Draft Park
Master Plan is found acceptable to the P&R Commission.
. City Council Presentation: Present the Final Park Master Plan to City Council for
Approval. Provide revisions or response to conditions of approval.
5.9 City Approval - upon request, continue working with City staff and the Director of
Recreation or designee, the Director of Public Works or designee, and the Director of
Building and Park Construction or designee to obtain written approval of the Park Master
Plan from the City Council.
5.10 Additional Services: Additional services include but are not limited to:
. Revisions and changes to City and Applicant approved drawings.
. Presentations to Public Agencies or meetings beyond those listed in the above Scope of
Services.
. Preparation of design alternatives after the completion of the Final Draft Master Plan.
. Additional services will be performed on an hourly basis only upon the prior written
approval of the City at the rates set forth in Exhibit C.
6. Documents to be provided by Applicant to Consultant:
Upon request from City, all legal maps, grading plans, soils reports, site survey plans (drawn to
scale) indicating at a minimum - topographic contours at l' intervals; spot elevations of existing
structures, streets, curbs, walks; utility equipment/fixtures, runs and easements; property
boundaries; aerial photograph in orthographic projection printed to standard scale; all existing
plant material with individual identification of all trees over 2" diameter trunk with labeling of
location, trunk diameter at breast height, canopy spread and species and other support
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documentation necessary for the Consultant to perform the services described in Paragraph 4
and 5 above.
7. Schedule, Milestone, Time-Limitations within which to Perform Services (See "Processing Task
Summary Table - Attachment D")
7.1 Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
7.2 Deli verables - The work for this phase will be in the form of scaled, dimensioned drawings
as necessary to communicate the design intent, sizes and material selection for all scope
items. The instruments will be prepared in AutoCAD @ Release 14 on base plans issued by
the City and Applicant. The base plans will be in AutoCAD @ Release 14, and will be fully
coordinated with other consultant's work prior to issuance to Consultant.
. Instruments of Service / Electronic Media:
0 Hard copy, original drawings and specifications are the deliverable instruments of
service. If work is prepared in electronic media format the Consultant will provide
electronic copies for convenience only. Electronic media will be prepared in
AutoCAD @ Release 14 format. In accepting and utilizing any drawings or other
data on any form of electronic media generated and provided by the Consultant, the
City and Applicant covenants and agrees that all such drawings and data are
instruments of service of the Consultant. The electronic files submitted by the
Consultant to the City and Applicant are submitted for an acceptance period of five
working days. Any defects the City and Applicant discover during this period will
be reported to the Consultant and will be corrected.
7.3 Dates or Time Limits for Delivery of Deliverables:
Deliverable No.1: Due no later than 18 weeks from date of Commencement of Consultant
Services
Preliminary Master Plan: Colored for presentation purposes:
Site Plan at appropriate scale (1) copy
Site Cross Sections at appropriate scale (as needed to communicate design intent)
Plan view of buildings (1) copy
A list of proposed construction materials and colors (1) copy
Deliverable No.2: Due no later than 30 weeks from date of Commencement of Consultant
Services.
Draft Park Master Plan: Colored and mounted for presentation to Parks and Recreation
Commission purposes:
Site Plan at appropriate scale (I) copy
Site Cross Sections at appropriate scale (as needed to communicate design intent)
Plan view of Buildings with programming completed to define the building footprint and
costs (1) copy
3ptyagmt
March 5, 2002
City of Chula Vista/Spurlock Poirier/Pacific Bay Homes
Page 18
.1/. .)3
Elevations (all sides) of buildings at 1,i" scale (1) copy
Entry Sketch perspective drawing {I) copy
A construction materials and colors sample board (1) copy
Additional Product:
Written text providing complete information on concept, implementation, cost estimate,
phasing, and all other information necessary to communicate the Draft Park Master Plan (1)
each
Deliyerable No.3: Due no later than 35 weeks from date of Commencement of Consultant
Services.
Final Draft Park Master Plan: Colored and mounted for presentation to City Council
purposes:
Site Plan at appropriate scale (1) copy
Site Cross Sections at appropriate scale (as needed to communicate design intent)
Plan view of buildings with programming completed to define the building footprint and
costs (1) copy
Elevations (all sides) of buildings at I,i" scale (I) copy
Entry sketch perspective drawing (1) copy
A construction materials and colors sample board (1) copy
Additional Product:
Written text providing complete information on concept, implementation, cost estimate,
phasing and all other information necessary to communicate the Final Draft Park Master
Plan (1 each)
Full color, reduced (8-112" x 11") reproductions of the Site Plan, Sections, Elevations, and
Entry drawings (1 each)
Deliverable No.4: Due no later than 40 weeks from date of Commencement of Consultant
Services.
Approved Park Master Plan: Colored and mounted for presentation purposes:
Site Plan at appropriate scale (1) copy
Site Cross Sections at appropriate scale (as needed to communicate design intent)
Plan view of buildings with programming completed to define the building footprint and
costs (1) copy
Elevations (all sides) of buildings at I,i" scale (1) copy
Entry sketch perspective drawing (I) copy
A construction materials and colors sample board (1) copy
Additional Product:
Written text providing complete information on concept, implementation, cost estimate,
phasing and all other information necessary to communicate the Park Master Plan (1 each)
Full color, reduced (8-112" x 11") reproductions of the Site Plan, Sections, Elevations, and
Entry drawings (I each)
3ptyagmt
March 5, 2002
City of Chula Vista/Spurlock Poirier/Pacific Bay Homes
Page 19
Jj'-.)'f
One set of reproducible for all of the above
Deliverable No.5: All tasks as listed within Exhibit D attached hereto to be accomplished no
later than the week number to which it corresponds on Exhibit D.
7.4 Date for completion of all Consultant services:
Forty (40) weeks from the date of this Agreement. Times for performance may be extended in
the sole discretion of the Director of Building and Park Construction or designee.
8. Contract Administrators.
City:
Mary Hofmockel
Landscape Architecture Division
276 Fourth Avenue, Chula Vista, CA 91910
Phone No. (619) 409-5819
Fax No. (619) 409-5925
Applicant:
Michael Bryan
Pacific Bay Properties, A California Corporation
2300 Boswell Road, Suite 209, Chula Vista 91914
Phone No. (619) 656-4300
Fax No. (619) 656-4306
Consultant:
Andrew Spurlock
Spurlock Poirier Landscape Architects
917 Ninth Avenue, San Diego, CA 92101
Phone No. (619) 233.3324
Fax No. (619) 233-6256
9. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code:
(X) Not Applicable.
Not an FPPC Filer.
( ) Category No. I.
Investments and sources of income.
( ) Category No.2.
Interests in real property.
( ) Category No.3.
Investments, interest in real property and sources of income subject to
the regulatory, permit or licensing authority of the department.
( ) Category No.4.
Investments in business entities and sources of income, which engage
in land development, construction or the acquisition or sale of real
property.
3ptyagmt
March 5, 2002
City of Chula Vista/Spurlock Poirier/Pacific Bay Homes
Page 20
;¡,.,;s-
( ) Category No.5.
Investments in business entities and sources of income of the type
which, within the past two years, have contracted with the City of
Chula Vista (Redevelopment Agency) to provide services, supplies,
materials, machinery or equipment.
( ) Category No.6.
Investments in business entities and sources of income of the type
which, within the past two years, have contracted with the designated
employee's department to provide services, supplies, materials,
machinery or equipment.
( ) Category No.7.
Business positions.
10. Insurance Requirements:
(X)
(X)
(X)
( )
Statutory Worker's Compensation Insurance
Employer's Liability Insurance coverage: $1,000,000
Commercial General Liability Insurance: $1,000,000
Errors and Omissions insurance: None Required
(included in Commercial General Liability coverage)
Errors and Omissions insurance: $500,000.00 (not included in Commercial General
Liability coverage)
(X)
11. California Business and Professions Code / Section 5616/ Disclosure:
Landscape Architects are regulated by the State of California. Any questions concerning a
Landscape Architect may be referred to the Landscape Architects Technical Committee at:
Landscape Architects Technical Committee
400 R Street
Suite 4000
Sacramento, California 95814
(916) 445-4954
3ptyagmt
March 5, 2002
City of Chula Vista/Spurlock Poirier/Pacific Bay Homes
Page 21
/f'-.2~
Exhibit B
Additional Recitals
WHEREAS, the Applicant has deposited an initial sum for the necessary work and
identifying scope of work for community park master plan as outlined in Exhibit "A" and,
WHEREAS, public notice of the required architectural services was given to the American
Society of Landscape Architects and in a paper of general circulation, inviting prospective
Consultants to submit proposals, letters of interest and/or applications to be on the list of qualified
Landscape Architectural Consultants, and
WHEREAS, the Consulting firm of Spurlock Poirier Landscape Architects has significant
expertise and experience in preparing park master plan documents within the San Diego and project
area, and
WHEREAS, the Building and Park Construction Department has negotiated the details of
this agreement in accordance with procedures set forth in Sections 2.56.220-224 of the Chula Vista
Municipal Code.
3ptyagmt
March 5, 2002
City of Chula Vista/Spurlock Poirier/Pacific Bay Homes
Page 22
1-':<7
Exhibit C
1.
Compensation Schedule and Deposit: Terms and Conditions.
(X) Time and Materials
For performance of the General and Detailed Services of Consultant as herein required,
Applicant shall pay Consultant for the productive hours of time and material spent by
Consultant in the performance of said Services, at the rates or amounts set forth herein below
according to the following terms and conditions:
(X)
Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and materials in excess of said
Maximum Compensation amount, Consultant agrees that Consultant will perform all of the
General and Detailed Services herein required of Consultant for $90,700.00 including all
Materials, and other "reimbursables" ("Maximum Compensation").
Rate Schedule
Breakdown of Consultant Hourly Fees for Rolling Hills Ranch Community Park
Staff Hourlv Rate
Spurlock Poirier
Partner
Principal
Senior Associate
Associate
Senior Staff
Staff
125.00
100.00
85.00
70.00
50.00-60.00
40.00
Pennitted Subconsultants:
Campbell-Anderson & Associates, Inc.
Senior Cost Manager 90.00
Clerical 40.00
Hanna Gabriel Wells
Principal
Project Manager
Drafter
110.00
70.00
45.00
Sweeney & Associates, Inc.
Principal
AutoCADD Designer
Designer/Drafter
Clerical Staff
90.00
70.00
60.00
35.00
Flores Lund Consultants
Principal
160.00
3ptyagmt
March 5, 2002
City of Chula Vista/Spurlock Poirier/Pacific Bay Homes
Page 23
9"-..)8
Sr. Associate/
Sr. Project Manager
Associate/Project Manager
Sr. Project Engineer
Project Engineer
Design Engineer
Civil Designer
Senior CADD Specialist
CADD Specialist
2-Man Survey Crew
Clerical
130.00
115.00
110.00
100.00
90.00
85.00
80.00
75.00
155.00
40.00
2.
Materials Separately Paid For by Applicant:
All materials provided to Applicant, including:
(X) Materials
Reports
Copies
(X) Travel
(X) Printing
(X) Postage
(X) Delivery
(X) Long Distance Telephone Charges
(X) Other Actual Identifiable Direct Costs
Cost plus 15%
Cost plus 15%
Cost plus 15%
Cost plus 15%
Cost plus 15%
Cost plus 15%
Cost plus 15%
Deposit
For the purposes of this Agreement, "Deposit" shall be defined as the deposit Applicant
has paid to the City in satisfaction of the subdivision's Parklands obligation.
(X) Deposit Amount: $5,601,940.00 paid to the City 10/1/97 less credits to date.
(X) Use of Deposit to Pay Consultant.
Notwithstanding the sole duty and liability of Applicant to pay Consultant, if this paragraph
is "checked", upon City's receipt of billing by Consultant, and determination by City in good
faith that Consultant's billing is proper, a judgment for which Applicant agrees to hold City
harmless and waive any claim against City, City shall pay Consultant's billing from the
amount of the Deposit. If Applicant shall protest the propriety of a billing to City in advance
of payment, City shall consider Applicant's protest and any evidence submitted prior to the
due date for the payment of said bill by Applicant in making its good faith determination of
propriety.
( ) Use of Deposit as Security Only; Applicant to Make Billing Payments.
Upon determination by City made in good faith that Consultant is entitled to compensation
which shall remain unpaid by Applicant 30 days after billing, City may, at its option, use the
Deposit to pay said billing.
3ptyagmt
March 5, 2002
City of Chula Vista/Spurlock Poirier/Pacific Bay Homes
Page 24
¥..)~
(X) Bill Processing:
A.
Consultant's Billing to be submitted for the following period of time:
(X)
( )
( )
Monthly
Quarterly
Other:
B.
Day of the Period for submission of Consultant's Billing:
( )
(X)
( )
( )
First of the Month
15th Day of each Month
End of the Month
Other:
c.
City's Account Number: 170742
D.
Security for Performance
( ) Performance Bond, $
( ) Letter of Credit, $
( ) Other Security:
(X) Retention: If this space is checked, then notwithstanding other provisions to
the contrary requiring the payment of compensation to the Consultant sooner,
the City shall be entitled to retain, at their option, the following Retention
Percentage until the City determines that the Retention Release Event, listed
below, has occurred:
(X) Retention Percentage: 10%
( ) Retention Amount: $
Retention Release Event:
(X) Completion of All Consultant ServicesJo the satisfaction of,
and as solely determined by the Director of Parks and
Recreation.
) Other:
3ptyagmt
March 5, 2002
City of Chula Vista/Spurlock Poirier/Pacific Bay Homes
Page 25
¥- :30
Exhibit D
Rolling Hills Ranch Community Park Master Plan
Processing Task Summary
Week Number Meet w/Staff Staff Review Activitv Description
1 X X Review programming expectations
(Site Facility and Project Budget)
2 X X Review programming expectations
(Site Facility and Project Budget)
3 X X Review programming expectations
(Site Facility and Project Budget)
4 X X Review programming expectations
(Site Facility and Project Budget)
5 X X Review programming expectations
(Site Analysis & Program synthesis)
6 X X Review programming expectations
(Site Analysis & Program synthesis)
7 X X Review programming expectations
(Site Analysis & Program synthesis)
8 X X Review programming expectations
(Site Analysis & Program synthesis)
Public Workshop #1
9 Consultant develops three scenarios - analysis
10 Consultant develops three scenarios - analysis
11 Consultant develops three scenarios - synthesis
12 Consultant develops three scenarios - synthesis
13 Consultant develops three scenarios - synthesis
14 X Consultant presents scenarios to staff
Public Workshop #2
15 X Staff prepares response to presentation and
selects preferred scenario
16 Consultant refines preferred scenario and prepares
Preliminary Master Plan & budget
17 Consultant refines preferred scenario and prepares
Preliminary Master Plan & budget
18 X X Consultant presents Preliminary Master Plan)o staff
Public Workshop #3
Deliverable No.1
19 X Staff prepares response to refined scenario
20 X X Staff prepares response to refined scenario
21 Consultant prepares Draft Master Plan & budget
22 Consultant reviews Draft MP for costs
23 Consultant prepares Draft Master Plan, budget
building concepts, elevations, grading, etc.
3ptyagmt
March 5, 2002
City of Chula Vista/Spurlock Poirier/Pacific Bay Homes
Page 26
~~~/
24
25
26
27
28
29
30
x
x
x
x
x
x
31
32
33
x
x
x
34
35
36
37
38
39
40
x
x
x
x
x
x
x
x
Consultant prepares Draft Master Plan
Consultant presents Draft MP and budget to staff
Staff prepares comments to Draft MP
Staff prepares comments to Draft MP
Consultant refines Draft MP w/comments
Consultant refines Draft MP w/comments
Staff review*/Schedule Parks and Recreation
Commission (pRe) hearing
Deliverable No.2
Staff prepares PRC report
Parks and Recreation Commission hearing*
Consultant prepares Final Draft_Master Plan &
budget, incorporates additional revisions, updates
drawings
Consultant prepares Final Draft Master Plan & budget
Consultant prepares Final Draft.Master Plan & budget
Deliverable No.3
Staff review*/Schedule City Council hearing
Staff prepares Council report
Staff prepares Council report
City Council hearing*
Consultant completes Approved Master Plan
Deliverable No.4
* Schedule reflects plan that requires no additional review by discretionary entity.
3ptyagmt
March 5, 2002
City of Chula Vista/Spurlock Poirier/Pacific Bay Homes
Page 27
4'- 3..L
CITY COUNCIL AGENDA STATEMENT
ITEM NO.: ~-
MEETING DATE: 03/19/02
ITEM TITLE: RESOLUTION APPROVING CLOSURE OF THIRD AVENUE FROM "E"
STREET TO "H" STREET FOR THE CINCO DE MAYO CELEBRATION
ON MAY S, 2002, WAIVING PROHIBITION ON SIDEWALK SALES,
AND WAIVING BUSINESS LICENSE TAXES FOR THE DOWNTOWN
BUSINESS ASSOCIATION AND VENDORS PARTICIPATING IN THE
EVENT
RESOLUTION WAIVING PROHIBITION ON SIDEWALK SALES. AND
WAIVING BUSINESS LICENSE TAXES FOR THE DOWNTOWN
BUSINESS ASSOCIATION AND VENDORS PARTICIPATING IN THE
FIRST ANNUAL CHULA VISTA PET FEST IN JUNE 1. 2002
RESOLUTION APPROVING CLOSURE OF THIRD AVENUE FROM "E"
STREET TO "G' STREET ON JUNE 21. 2002 FOR THE GREAT RACE.
SUBJECT TO CONDITIONS . ..
RESOLUTION APPROVING CLOSURE OF THIRD AVENUE FROM E
STREET TO "H' STREET FOR THE CHULA VISTA THIRD AVENUE
LEMON FESTIVAL ON AUGUST 18, 2002, WAIVING PROHIBITION
ON SIDEWALK SALES. AND WAIVING BUSINESS LICENSE TAXES
FOR DOWNTOWN BUSINESS ASSOCIATION AND VENDORS
PARTICIPATING IN THE EVENT
RESOLUTION APPROVING CLOSURE OF THIRD AVENUE FROM "D"
STREET TO "1" STREET AND "H" STREET BETWEEN SECOND AND
FOURTH AVENUES. AND PORTIONS OF INTERSECTING STREETS
ON DECEMBER 7, 2002 FOR THE 40TM ANNUAL STARLIGHT YULE
PARADE SUBJECT TO CONDITIONS
SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR ~.~.~ ~
REVIEWED BY: CITY MANAGER~-'
4/STHS VOTE: YES ~ NO ~
BACKGROUND
The Chula Vista Downtown Business Association (DBA) is requesting the closure of Third Avenue and
portions of other streets for five 2002 promotional events. For administrative efficiency purposes, as
last year, all street closure events are presented for Council consideration at one time.
· Cinco De Mayo celebration on May 5
' The Chub Vista Pet Fest on June 1
PAGE 2, ITEM NO.: ~
MEETING DATE: 03/19/02
The Great Race on June 21
Lemon Festival on August 18
· Starlight Yule Parade on December 7
The Cinco De Mayo and Lemon Festival are annual events. To operate them, the DBA requests that
Third Avenue be closed between 'E" and 'H" streets from 4 a.m. - 9 p.m. on the respedive date of
each event. Adivities will include live entertainment along with approximately 200 arts, crafts and
food booths.
The Chula Vista Pet Fest is a family adivity organized to benefit the Humane Society. There is no
street closure required for the event, however the DBA has requested that the prohibition against
sidewalk sales and the business license fee be waived for organizations and businesses setting up
booths at the event. The first ever event for Chula Vista will include a "Dog Dash" at 8:30 a.m.,
followed by pet oriented entertainment and vendor booths located in Memorial Park. The City's
Animal Control Division will participate. The event is scheduled to conclude at approximately 2:00
p.m.
The Great Race is a national event, coming for one time only to Downtown Chub Vista. The
requested street closure would be on Third Avenue from E to G Streets on Friday, June 21. The event
is a cross-country conditioned "race" of 100 antique cars from across the country. Chula Vista was
seleded as an overnight stop for the event for 2002 and DBA paid a sponsorship fee to secure the
event. A temporary archway will be ereded over Third Avenue, through which the automobiles will
be driven and then parked for viewing between roughly 5:30 - 8:30 p.m. Color commentary will
be given about each vehicle, the U.S. Navy Band will play and local dignitaries will have an
opportunily to speak. The event includes national publicity provided by the Great Race organization.
The DBA is working with the City and other local organizations to make this a memorable
community event.
The Annual Starlight Yule Parade will be held for the 40th year. For the parade, DBA requests
closing Third Avenue belween "D" and 'l' streets, 'H" Street between Second and Fourth avenues
and portions of interseding streets from 3 p.m. - 9 p.m. on Saturday, December 7.
RECOMMENDATION
That fha City Counci! <do?! !ho o /~lulior !~
a) Approving closure of Third Avenue from 'E' to "H" streets and adjacent side
streets to the alleyways on May 5, 2002, for "Cinco de Mayo" subject to conditions
listed in Attachment A of the resolution, waiving prohibition on sidewalk sales, and
waiving business license tax for the DBA and vendors taking part in the event;
b) Approving waiving of prohibition on sidewalk sales, and waiving business license
tax for the DBA and venders taking part in the Chula Vista Pet Fest on Saturday,
June 1,2002.
PAGE 3, ITEM NO.: ~
MEETING DATE: Q3/19/02
c) Approving the closure of Third Avenue between 'E" and 'G" Streets on June 21,
2002 for the Great Race.
d) Approving the closure of Third Avenue from 'E' to 'H" streets and adjacent side
streets to the alleyway on August 18, 2001, for the Lemon Festival subied to
condition listed in Attachment B of the resolution, waiving prohibition on sidewalk
sales, and waiving business license taxes for the DBA and vendors taking part in
the event;
e) Approving the closure of Third Avenue between "D' and "1" streets, 'H" Street
between Second and Fourth avenues, and other east-west streets that intersect
Third Avenue between "D" and "1" streets on Saturday, December 7, 2002 for the
40th Annual Starlight Yule Parade subject to conditions listed in Attachment C;
BOARDS/COMMISSIONS RECOMMENDATION
The Town Centre I Project Area Committee unanimously endorsed the resolutions at its meeting
of February 13, 2002.
DISCUSSIOH
May 5, 2002 - Cinco de Mayo Celebration
Au,clust 18, 2002 - Lemon Festival
The DBA is requesting the following for the 2002 Cinco De Mayo and 2002 Lemon Festival
1. The closure of Third Avenue between 'E" and "H' streets on Sunday, May 5 and Sunday,
August 18, 2002 from 4 a.m. - 9 p.m.; and
2. Allowing sidewalk sales for each event; and
3. A waiver of business license taxes for the DBA and vendors taking part in each event.
The closure of Third Avenue will affed the flow of traffic in the downtown area. The DBA will be
required to coordinate with the City's Traffic Engineer and prepare a traffic control plan to the Traffic
Engineer's specifications. The City's transit system will also be affeded. The Transit Coordinator's
staff has agreed to the closure as long as 'E' and "G" streets remain passable for traffic. The DBA
is aware of this stipulation and will abide by it.
The DBA has requested that the business license tax for promotional events be waived for festivals.
The taxes involved include a $5 assessment to the sponsoring organization (DBA) and a requirement
that each vendor have a Chula Vista business license (costing $12.50 to each business without a
current business license).
In the past, the City has waived the business license tax for the DBA and vendors taking part in these
events in order to encourage participation. The rationale for waiving the fee is that the festivals
attrad thousands of visitors and residents to the Chula Vista downtown and promote the downtown
businesses. The resulting effecl will be the generation of additional commercial adivity and
PAGE 4, ITEM NO.: ~
MEETING DATE: 03/19/02
increased sales tax revenue to the City. Waiving the business license taxes will encourage vendor
participation. Since having a large number of vendors will help ensure the success of the events,
staff recommends the waiver.
Both events include food booths and an alcohol tent. These areas will be operated in accordance
with the regulations of the San Diego County Health Department, ABC and City Fire Department
and Police Department.
Additional conditions are listed in A~tachment A of the resolution.
June 1, 2002 - The Chula Vista Pet Fest
The DBA will be hosting this first annual event at Memorial Park and on Third Avenue beM, een H
Street and Davidson. It will feature the Dog Dash race, plus entertainment, awards and educational
and product vendors at Memorial Park. The event will run between 8:30 a.m. - 2 p.m. It will be
alcohol free and is targeted toward families throughout the City. The DBA has requested that the
business license tax for promotional events be waived for the Pet Fest, for the same reasons as the
requested waivers at its other events. The taxes involved include a $5 assessment to the sponsoring
organization (DBA) and a requirement that each vendor have a Chub Vista business license (costing
$12.50 to each business without a current business license).
June 21, 2002 The Great Race
The DBA is requesting the closure of Third Avenue between 'E' and "F" Streets for this national
event. The anticipated arrival of antique cars at the site will begin around 5:30 p.m. and the cars
will be parked on Third Avenue for public viewing until 8:30 p.m. Both the Great Race national
organization and the DBA will stage vendor booths and entertainment as a way of recouping
expenses. This event will provide national exposure for Chula Vista and will result in the sale of
approximately 100 room nights at local hotels. This event is a one-time only event. The City is
providing support service to the DBA, while the DBA paid a sponsorship fee to host the event. Thi~
event is alcohol and tobacco free.
December 7, 2002 - Starli.qht Yule Parade
The DBA is requesting the closure of Third Avenue between 'D" and "1" streets and 'H" Street
heh~.'r:~.m Second Cud F ;u~lh r~ven :,.~,.,,. The i,u~ade ~uute will be along Third Avenue bek,veen "E"
and 'H" streets. Other areas of the closure will be used for pre-parade staging, bus parking and
parade debarkation. Second and Fourth avenues will remain open to traffic at all times during the
event. Chula Vista and San Diego Transit busses will continue to run during the street closure, but
they will run on advertised detour routes.
The parade is scheduled to begin at 5:30 p.m. and will end no later than 9 p.m. Street closures will
be staggered and will begin around 3 p.m. when staging for the parade begins.
PAGE 5, ITEM NO.:
MEETING DATE: 03/19/02
The DBA will be required to send notices to all businesses and residences located along the parade
route. Other conditions of approval include provisions for insurance, a Hold Harmless Agreement,
sanitary systems and posting of no parking signs.
FISCAL IMPACT
The Cily will incur the administrative costs of processing this request. The DBA has requested that
the business license taxes be waived for the events. The tax involved is a fee of $5 to the
sponsoring organization (DBA} and a $12.50 tax for each participating vendor not currently
having a Chula Vista business license. By waiving this tax, the City will forego approximately
$900 in fee for the major events, and less for the smaller ones. Costs for each event are paid by
the DBA or, in some instances, shared by City Departments. Costs incurred for individual
departments are itemized in their respective budgets.
ATTACHMENTS
Notice of CEQA exemption
Conditions of Approval (attached to resolutions)
J:\COMMDEV~STAFF.REP\03 19 02\dbastreet closures 02.doc
HOLD HARML SS AGREEMENT
be een
CITY OF C ULA VISTA
nd
BUSINESS ASSOCIATION
CHULA VISTA DOWNTO
or
SPECIAL E ENTS 2002
I
I
Special Events, 2002 shall include Cinco D~MaYO Festival on May 2, Chula Vista Pet Fest
on June 1, The Great Race on June 21, the emon Festival on August 18, and the Starlight
Yule Parade on December 7,2002. CVDB shall mean Chula Vista Downtown Business
Association.
I
i
In consideration of, and as a condition to, the City of Chula Vista (ACity@) approval of
Special Events, 2002 shall defend, indem ify, protect and hold harmless the City and
Redevelopment Agency of the City of Chu a Vista (AAgency@), their respective agents,
elected and appointed officers and employes, from and against all claims for damages,
liability, cost and expense (including, witho t limitation, attorney's fees) arising out of the
conduct of the CVDBA, or any agent, offic r employee, subcontractor, or other person
acting on behalf of the CVDBA in connecti n with the Special Events, 2002, except for
those claims arising from the sole neglige ce or sole willful misconduct of the City or
Agency, its agents, officers, or employees. he CVDBA indemnification shall include any
and all costs incurred by the City or Agency, its agents, officers or employees in defending
. against such claims, whether the same proc ed to judgment or not. Further, the CVDBA at
its own expense shall, upon written request y the City or Agency, defend any such suit or
action brought against the City or Agency, it agents, officers, or employees. The CVDBA
indemnification of the City and Agency s all not be limited by any prior subsequent
declaration by the CVDBA.
Executed this ~ day of V\~
(C~
By: . ~~J.
\ )
APPROVED AS TO FORM BY:
$;6
fo~ in the City of Chula Vista, California.
I
~
John M. Kaheny, City Attorney
J: \COMMDEVlEstes\ TC I\DBA2\HOLDHARM. DOC
Rev. 11/98
S:-7
NOTICE OF EXEMPTION
Community Development
TO: County Clerk, County of San Diego From: City of Chula Vista
P.O. Box 1750 276 Fourth Avenue
San Diego, CA 921124147 Chula Vista, CA 91910
Project Title: Chula Vista Downtown Events
Project Location - Third Avenue generally between D & I and part of Second Street & adjacent
streets
Project Location - City: Chula Vista Project Location - County: San Diego
Description of Project: Various single day festivities during the year 2002, beginning ~ with
Sunday, Cinco de Mayo; Saturday, June 15, Pet Fest; Friday, June 21, The Great Race; Sunday,
August 18, Lemon Festival; Saturday, December 7, Starlight Yule Parade. The daylong
activities include a parade, all age activities & entertainment, pet events, setting up of food and
vendor booths and product exhibition displays.
Name of Public Agency Approving Project: City of Chula Vista
Name of Person or Agency Carrying Out Project: City of Chula Vista
Exempt Status: (check one)
Ministerial [Sec. 21080(b)(1); 15268];
Declared Emergency [Sec. 21080(b)(3); 15269(a)];
Emergency Project [Sec. 21080(b)(4); 15269(b)(c)];
X Categorical Exempt. Sec.: 15304 Class 4(e) [Minor temporary use of land]
Statutory Exemptions. State code number: 15280
General Rule Exemption [Sec. 15061(b)(3)]
Reasons why project is exempt: The proposal consists of single day events occurring at various
dates throughout the current year. These events are considered to be minor temporary use of
land having negligible or no permanent effects on the environment. Sufficient safeguards have
been included in each of the ~roposed events to ensure that no significant environmental effects
occur.
Lead Agency Contact Person: Benjamin Guerrero, Environmental Projects Manager
Area Code/Telephone/Extension? (619) 476-5311
Brian Hunter, Pla~--~ag '~ Enviro~arnental Manager
(Filed and Signed by Lead Agency)
RESOLUTION NO. 2002--
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING CLOSURE OF THIRD AVENUE
FROM "E" TO "H" STREETS FOR THE CINCO DE MAYO
CELEBRATION ON MAY 5, 2002 FROM 4:00 AM. - 9:00 P.M.,
WAIVING PROHIBITION ON SIDEWALK SALES, AND
WAIVING BUSINESS LICENSE TAXES FOR DOWNTOWN
BUSINESS ASSOCIATION AND VENDORS PARTICIPATING
IN EVENT
WHEREAS, the City Council ofthe City ofChula Vista established a Business Improvement
Area on November 16, 1971, which created the Chula Vista Downtown Business Association
("DBA"); and
WHEREAS, the DBA has requested to close Third Avenue trom "E" to "H" Streets including
adjacent side streets to the alleyway in order to conduct the Cinco de Mayo Celebration on May 5,
2002 from 4:00 a.m. - 9:00 p.m.; and
WHEREAS, the DBA has requested a waiver ofthe City's prohibition on sidewalk sales so
that the DBA can conduct the 2002 Cinco de Mayo celebrations; and
WHEREAS, the DBA has also requested a waiver of the Business License Tax for
promotional events for the DBA and vendors participating in the 2002 Cinco de Mayo celebrations.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista
does hereby approve the closure of Third Avenue trom "E" to "H" Streets trom 4:00 a.m. - 9:00
p.m. on May 5, 2002, for the purpose of the DBA conducting the 2002 Cinco de Mayo celebrations
subject to the conditions listed in Attachment A, attached hereto and incorporated herein by
reference.
BE IT FURTHER RESOLVED that the City Council ofthe City ofChula Vista approves the
requested waiver of the City's prohibition on sidewalk sales so that the DBA can conduct the 2002
Cinco de Mayo celebrations.
BE IT FURTHER RESOLVED that the City Council ofthe City ofChula Vista approves the
requested waiver of the City's Business License Tax for the Downtown Business Association and all
vendors participating in the 2002 Cinco de Mayo celebrations on May 5, 2002.
Presented by
~~
J M. Kaheny
ity Attorney
Chris Salomone
Community Development Director
,s.-'9
ATTACHMENT A
CONDITIONS OF APPROVAL
FOR
CHULA VISTA THIRD AVENUE CINCO DE MAYO CELEBRATION
1. The DBA shall provide for adequate traffic and crowd control, as determined by the
City's Traffic Engineer and Police Department.
2. The DBA shall provide adequate litter control during and after the event, including
professional street sweeping.
3. The DBA shall notify all property owners and tenants (including businesses and
residents) that will be affected by the street closure. The notification must be sent
by first class mail at least seven days prior to the event date.
The DBA will be responsible for measures to insure that the noise generated by the
event's activities does not reach an excessive ~evel. The DBA will undertake the
following measures in order to implement this condition:
a. DBA shall continually monitor noise levels of performing bands, stereos, and ether
sound-emitting devices and will make adjustments as needed.
b. A plan showing the location of the performing stages will be submitted for
Community Development staff review and approval prior to the event.
c. Ail hand performances shall be limited to the hours of 10 a.m. and 6 p.m.
5. In order to meet the requirement of the Fire Marshal, the alleyways between "E"
Street and "G" Street, east and west of Third Avenue, shall remain open and
unobstructed for the purpose of fire apparatus access in the event of an emergency.
The Fire Marshal has required that all food cooking vendors have a 2AlOBC-type fire
extinguisher readily available in their booths.
In order to meet the requirements of the Fire Marshal and the Transit Division, "E"
and "G" Streets must remain open to traffic.
7 The Do~/~tntown 9~.siness ,Association must provide 10 days prior [o Line Fesbival,
evidence of general liability insurance in the amount of $1 million, in the form of a
certificate of insurance and policy endorsement satisfactory to the city, naming the
City of Chula Vista and the Chula Vista Redevelopment Agency as additional insured.
8. The Downtown Business Association must execute an agreement to hold the City
harmless from any liability stemming from Festival activities in the street.
ATTACHMENT A
CONDITIONS OF APPROVAL - CINCO DE MAYO CELEBRATION
The Downtown Business Association shall obtain a temporary license from the ABC
for the sale of beer and shall comply with all requirements set forth in the license and
by the Chula Vista Police Department.
10. The location of the food and beverage tents shall be approved by the Police and Fire
Department at least 30 days prior to the event.
11. Sales, service and consumption of alcoholic beverages shall be permitted in the areas
designated on the ABC application diagram. Persons may not take alcoholic
beverages from the designated area nor shall persons be allowed to bring alcoholic
beverages into the designated area.
12. Applicant shall provide one (1) security person at each public entrance and exit for
each area noted in condition #11 and one (1) security person at each bar. Said
security persons must wear distinctive apparel and be present in the area where
consumption is taking place at all times that the license privileges are being
exercised.
13. The security persons will prevent people from carrying alcoholic beverages outside
the designated area as well as preventing people from bringing alcoholic beverages
into the designated area as noted in condition 11. The security persons will verify
the age of each person who wishes to purchase or consume alcoholic beverages.
That person will be issued a distinctive wristband. No persons will be allowed to
purchase or possess alcoholic beverages without a wristband.
14. Alcohoric beverages may only be sold in distinctive paper, plastic, or Styrofoam cups
and no other containers may be used for the dispensing of alcoholic beverages.
15. All persons serving or dispensing alcoholic beverages must be at least 21 years of
age.
16. No more than two (2) alcoholic beverage containers may be purchased by any one
person at any one time.
17. Cup size for alcoholic beverages shall not exceed 16 ounces.
18. Signs must be posted indicating "No one under 21 years of age allowed" in the bar
area. No signs are required at the food court. No persons under 21 years of age
may be allowed in the bar area. The food court will be open to persons of all ages.
If no food service is available inside the food court, it will be considered a bar area,
and no persons under 21 years of age may be present.
19. A three foot tall fence must separate the bar area and food court from other public
areas.
RESOLUTION NO. 2002--
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVING THE PROHIBITION ON SIDEWALK
SALES AND WAIVING BUSINESS LICENSE TAXES FOR THE
DOWNTOWN BUSINESS ASOCIATIONFOR THE 1sT ANNUAL
CHULA VISTA PET FEST IN JUNE 1,2002.
WHEREAS, the City CoW1cil of the City ofChula Vista established a Business Improvement
Area on November 16, 1971, which created the Chula Vista Downtown Business Association
("DBA"); and
WHEREAS, the DBA has requested a waiver of the prohibition of sidewalk sales and a
waiver ofthe business license tax to hold the Chula Vista Pet Fest on a Saturday morning in JW1e,
2002; and
WHEREAS, the Chula Vista Pet Fest will promote the Downtown area with a family event
and is a benefit to the CommW1ity.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista
does hereby waive the prohibition on sidewalk sales and the business license tax for the Downtown
Business Association to conduct the First Annual Chula Vista Pet Fest in June, 2002.
Presented by
Approved as to form by
Chris Salomone
CommW1ity Development Director
~~ /kd
Jty Attorney
s . / ...l..
RESOLUTION NO. 2002-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING CLOSURE OF THIRD AVENUE
FROM "E" TO "G" STREETS FOR THE GREAT RACE ON JUNE
21,2002 FROM 3 :00 P.M. - 9:00 P.M., WAIVING PROHIBITION
ON SIDEWALK SALES, AND WAIVING BUSINESS LICENSE
TAXES FOR DOWNTOWN BUSINESS ASSOCIATION AND
VENDORS PARTICIPATING IN EVENT
WHEREAS, the City Council ofthe City ofChula Vista established a Business Improvement
Area on November 16, 1971, which created the Chula Vista Downtown Business Association
("DBA"); and
WHEREAS, the DBA has requested to close Third Avenue from "E" to "G" Streets in order
to conduct the Great Race on June 21, 2002 from 3:00 p.m. - 9:00 p.m.; and
WHEREAS, the DBA has requested a waiver of the City's prohibition on sidewalk sales so
that the DBA can conduct the 2002 Great Race celebration; and
WHEREAS, the DBA has also requested a waiver of the Business License Tax for
promotional events for the DBA and vendors participating in the 2002 Great Race celebration;
NOW, THEREFORE, BE IT RESOLVED that the City CoW1cil of the City ofChula Vista
does hereby approve the closure of Third Avenue from "E" to "G" Streets trom 3:00 p.m. - 9:00
p.m. on June 21, 2002, for the purpose of the DBA conducting the 2002 Great Race celebration.
BE IT FURTHER RESOLVED that the City CoW1cil of the City ofChula Vista approves the
requested waiver of the City's prohibition on sidewalk sales so that the DBA can conduct the 2002
Great Race celebration.
BE IT FURTHER RESOLVED that the City Council ofthe City ofChula Vista approves the
requested waiver ofthe City's Business License Tax for the Downtown Business Association and all
vendors participating in the 2002 Great Race celebration on June 21, 2002.
Presented by
Approved as to form by
~
Chris Salomone
Community Development Director
S-13
RESOLUTION NO. 2002--
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING CLOSURE OF THIRD AVENUE
FROM "E" TO "H" STREETS FOR THE LEMON FESTIVAL ON
AUGUST 18,2002 FROM 4:00 A.M. - 9:00 P.M., WAIVING
PROHIBITION ON SIDEWALK SALES, AND WAIVING
BUSINESS LICENSE TAXES FOR DOWNTOWN BUSINESS
ASSOCIATION AND VENDORS PARTICIPATING IN EVENT
WHEREAS, the City Council of the City ofChula Vista established a Business Improvement
Area on November 16, 1971, which created the Chula Vista Downtown Business Association
("DBA"); and
WHEREAS, the DBA has requested to close Third Avenue ftom "E" to "H" Streets including
adjacent side streets to the alleyway in order to conduct the Lemon Festival on August 18,2002 ftom
4:00 a.m. - 9:00 p.m.; and
WHEREAS, the DBA has requested a waiver ofthe City's prohibition on sidewalk sales so
that the DBA can conduct the 2002 Lemon Festival; and
WHEREAS, the DBA has also requested a waiver of the Business License Tax for
promotional events for the DBA and vendors participating in the 2002 Lemon Festival;
NOW, THEREFORE, BE IT RESOLVED that the City Council ofthe City ofChula Vista
does hereby approve the closure of Third Avenue from "E" to "H" Streets ftom 4:00 a.m. - 9:00
p.m. on August 18, 2002, for the purpose ofthe DBA conducting the 2002 Lemon Festival subjectto
the conditions listed in Attachment B, attached hereto and incorporated herein by reference.
BE IT FURTHER RESOLVED that the City Council ofthe City ofChula Vista approves the
requested waiver of the City's prohibition on sidewalk sales so that the DBA can conduct the 2002
Lemon Festival.
BE IT FURTHER RESOLVED that the City Council of the City ofChula Vista approves the
requested waiver ofthe City's Business License Tax for the Downtown Business Association and all
vendors participating in the 2002 Lemon Festival on August 18,2002.
Presented by
Approved as to form by
~tí1r/Wf
Jo . Kaheny
ty Attorney
Chris Salomone
Community Development Director
.s:/~
ATTACHMENT B
CONDITIONS OF APPROVAL
FOR
CHULA VISTA THIRD AVENUE LEMON FESTIVAL
1. The DBA shall provide for adequate traffic and crowd control, as determined by the City's Traffic
Engineer and Police Department;
2. The DBA shall provide adequate litter control during and after the event, including professional street
sweeping;
3. The DBA shall notify all property owners and tenants (including businesses and residents) that will be
affected by the street closure. The notification must be sent by first class mail at least seven days
prior to the event date;
4. The DBA will be responsible for measures to insure that the noise generated by the event's activities
does not reach an excessive level; the DBA will undertake the following measures in order to
implement this condition:
1) DBA shall continually monitor noise levels of performing bands, stereos, and other sound-
emitting devices and will make adjustments as needed;
2) A plan showing the location of the performing stages will be submitted for Community
Development staff review and approval prior to the event;
3) All band performances shall be limited to the hours of 10 a.m. and 6 p.m.;
5. In order to meet the requirement of the Fire Marshall, the alleyways between "E" Street and "G" Street,
east and west of Third Avenue, shall remain open and unobstructed for the purpose of fire apparatus
access in the event of an emergency. The Fire Marshall has required that all food-cooking vendors
have a 2A1 0BC-type fire extinguisher readily available in their booths;
6. In order to meet the requirements of the Fire Marshall and the Transit Division, "E" and "G" Streets
must remain open to traffic;
7. The Downtown Business Association must provide, 10 days prior to the Festival, evidence of general
liability insurance in the amount of $1 million, in the form of a certificate of insurance and policy
endorsement satisfactory to the City. naming the City of Ch,.fla Vista and the Chula Vista
Redevelopment Agency as additional insured; and
8. The Downtown Business Association must execute an agreement to hold the City harmless from any
liability stemming from Festival activities in the street.
9 The Downtown Business Association must execute an agreement to hold the City harmless from
any liability stemming from Festival activities in the street.
10, The location of the food and beverage tent shall be approved by the Police and Fire Department at
least 30 days prior to the event.
RESOLUTION NO. 2002--
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE CLOSURE OF THIRD
AVENUE BETWEEN "D" AND "I" STREETS, "H" STREET
BETWEEN SECOND AND FOURTH A VENUE AND PORTIONS
OF INTERSECTING STREETS ON SATURDAY DECEMBER 7,
2002, FOR THE 40th ANNUAL STARLIGHT YULE PARADE
WHEREAS, the City Council of the City ofChula Vista established a Business Improvement
Area on November 16, 1971, which created the Chula Vista Downtown Business Association
("DBA"); and
WHEREAS, the DBA has requested the temporary closure of Third A venue between "D" and
"I" Streets, "H" Street between Second and Fourth Avenues, and all other east-west streets that
intersect Third Avenue between "D" and "I" Streets to the nearest point of detour to Third Avenue to
conduct the annual Starlight Yule Parade on Saturday, December 7, 2002; and
WHEREAS, the Starlight Yule Parade has been a Downtown and City tradition for 40 years
and the City Council finds that the parade is a benefit to the Community.
NOW, THEREFORE, BE IT RESOLVED that the City Council ofthe City ofChula Vista
does hereby approve the temporary closure of Third Avenue between "D" and "I" Streets, "H" Street
between Second and Fourth Avenues, and all other east-west streets that intersect Third Avenue
between "I" and "D" Streets to the nearest point of detour to Third Avenue to conduct the Annual
Starlight Yule Parade on Saturday, December 7, 2002 subject to conditions set forth in Attachment
No. C attached hereto and incorporated herein by reference.
Presented by
Approved as to form by
Chris Salomone
Community Development Director
$/~
ATTACHMENT C
CONDITIONS OF APPROVAL
FOR
STARLIGHT YULE PARADE STREET CLOSURE
1. At least 10 days before the street closure, the Downtown Business Association
(DBA) shall submit to the City evidence of general liability insurance in the
amount of $1 million, in the form of a cer[ificate of insurance and policy
endorsement which names the City as additional insured.
2. At least 10 days before the street closure, the DBA shall submit to the City a hold
harmless agreement in a form acceptable to the City.
3. The DBA shall distribute written notification to all residences and businesses
along the parade route and along other streets that will be closed to traffic, of the
date(s) and duration of the event at least 10 days before street closure.
4. The DBA shall provide pot[able toilets along the parade route.
5. The DBA shall provide and post "No Parking" signs in a form acceptable to the
City Traffic Engineer, along the parade route. Posting must take place a
minimum of forty-eight (48) hours in advance of the effective time.
H:\HOME\COMMDEV~EstestDBA\YULEPAR conditions of approval doc
PAGE 1, ITEM NO.: ~
MEETING DATE: 03/19/02
CiTY COUNCIL AGENDA STATEMENT
ITEM TITLE: RESOLUTION APPROVING THE REVISED AGREEMENT WITH CDC
SMALL BUSINESS FINANCE CORP. TO MARKET FINANCIAL
SERVICES TO CHULA VISTA BUSINESSES
SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR~-"~1~'
REVIEWED BY: ' CITY MANAGER
4/STHS VOTE: YES NO ~X~
BACKGROUND
For the past 2 years the City of Chula Vista and the CDC Small Business Finance Corp. [CDC) have
been working together to promote the SBA and micro-lending programs offered by the CDC to
Chub Vista small businesses. An agreement was approved by Council on 3/21/00 and since that
time CDC has been a part of the City's Local Employer Assistance Program [LEAP] including
participation in LEAP Fair 2000/2001. Despite efforts to refer potential customers to the CDC, there
was no significant increase in the amount of loans approved and funded for this area. City staff and
CDC representatives met to evaluate the program and determined a more concerted effort to be
proactive was needed. With this in mind, additions to the existing Cooperative Agreement were
made. These additions include:
City of Chula Vista shall:
Collaborate on promotional events to market Chula Vista as well as to promote CDC
Financial services to eligible clients (i.e. broker event/open house)
Include the CDC services to eligible clients as part of the proposed Economic Gardening
Program
CDC shall:
Colfabarate with the City on promet~onr~! ev,~nt~ (i.e. plcmr-ing a~d organization of boke~
event marketing Chula Vista)
· Proactlvely market services to Chula Vista businesses via presentations at Chamber Board
meetings, local business associations, and other business related organizations
Provide in-kind contribution of staff time as part of the CDBG application for proposed
Economic Gardening Program
PAGE 2, ITEM NO.:
MEETING DATE:
ç..,
03/19/02
RECOMMENDATION
Staff recommends that Council adopt the resolution approving the revised agreement with the
CDC to market financial services to Chula Vista businesses.
BOARDS/COMMISSIONS RECOMMENDATION
Not applicoble.
DISCUSSION
CDC Small Business Finance Corp ("CDC") is the nation's top community-based economic
development lender and the top SBA lender in San Diego County. It is a non- profit organization
and offers small businesses with a poor credit history a chance to get below market funding they
would not be able to attain via commercial lending. The CDC serves all of San Diego County
and has traditionally conducted most of their business in North County. It was and still is staff's
intention to try to bring this financial resource to the attention of Chula Vista small businesses,
and has been working in concert with both the CDC and Southwestern College's Small Business
Development Center [SBDC] over the last 2 years to market their SBA programs.
After 2 years, staff and CDC representatives evaluated the activity for the Chula Vista area in
comparison with the amount of activity in North County. Although similar agreements were
implemented in North County, it was determined that brokers were somewhat biased in directing
their clients to North County due, in part, to a lack of knowledge about the Chula Vista business
climate and because of a misguided and outdated perception of Chula Vista's image. Both city
staff and CDC representatives agreed that an event to bring brokers to Chula Vista and show
them what Chula Vista has to offer was needed.
In addition to a broker event, city staff recommended a more proactive approach on the part of
the CDC to advertise their service in Chula Vista publications as well as offer a seminar on SBA
lending to Chula Vista small businesses. In an attempt to increase the city's efforts, city staff has
included CDC services in a new program [Economic Gardening] to grow local small, growth-
oriented businesses. This program will offer eligible businesses wishing to participate an
opportunity to seek SBA or micro-loan funding with the CDC and will work with the SBDC to
initiate all the necessary poperwork to facilitate this process. The Economic Gardening program
is contingent upon approval of CDBG funds.
FISCAL IMPACT
There are no costs associated with approval of this agreement, however, many of the activities
listed in the agreement are already budgeted for or will be covered by the CDc. Any other
unanticipated costs not budgeted for will be brought forward to Council for approval.
nCOMMDEV\STAFF.REP\O3-19-02\Stalt Reparl for CDC Coopecative Agceement.doc
10
COUNCIL RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE RENEWAL OF THE AGREEMENT WITH
CDC SMALL BUSINESS FINANCE CORP. TO MARKET FINANCIAL
SERVICES TO CHULA VISTA BUSINESSES
WHEREAS, the City of Chula Vista ("City") is committed to providing high quality economic
development services to existing and prospective businesses and offering access to capital for these
businesses; and
WHEREAS, CDC Small Business Finance Corp. ("CDC") is the nation's top community-
based economic development lender and the top SBA lender in San Diego County; and
WHEREAS, it is in the mutual interests of the City and CDC to continue to promote economic
development finance programs within the City.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does
hereby approve the agreement between the City of Chula Vista and CDC Small Business Finance
Corp. to carry out the terms of the agreement in the form presented, copies of which shall be kept on
file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute said
agreement on behalf of the City of Chula Vista.
Presented by
Approved as to form by
~~
Chris Salomone
Director of Community Development
'\
J :ICOMM DEVIRESOSICDC. doc
6.3
COOPERATIVE AGREEMENT
BETWEEN
CITY OF CHULA VISTA
AND
CDC SMALL BUSINESS FINANCE CORP
Whereas the City of Chula Vista ("City") is committed to provicling high quality
economic development services to existing and prospective businesses and offering
access to capital for these businesses; and
Whereas CDC Small Business Finance Corp ("CDC") is the nation's top community-
based economic development lender and the top SBA lender in San Diego County
Whereas it is in the mutual interests of the City and CDC to promote economic
development finance programs within the City.
Now therefore, City and CDC agrees as follows:
1. Under this agreement, the City shall:
Provide information regarcling CDC's financing programs to existing Chula
Vista businesses.
Refer prospective Chula Vista businesses to CDC for financial analysis and loan
processing
Include reference to CDC as a small business financial resource provider on
appropriate promotional materials in a form approved by CDC
2. Under this agreement, the CDC shall:
. Provide appropriate marketing and promotional materials regarding CDC
financial assistance programs for use in the City's On-site Visitation Program,
special events, business forums, conferences, and for distribution at the
Community Development Department
. Follow up on Chula Vista businesses referred by the City to the CDC within 5
working days after the referral
Provide business financial information and analysis to City staff as needed
Screen, package, process CDC loans or refer Chula Vista businesses to other
financial resources
Provide a quarterly update on Chula Vista business clients
Include reference to the aDa's alliance with the City on appropriate
promotional materials in a form approved by the City
3. The City and CDC shall collaborate on
Economic Development promotional events (Le. planning and organization of
broker event marketing Chula Vista)
Marketing services to Chula Vista businesses via presentations at appropriate
organizations or in appropriate publications
Implementation of the proposed Economic Gardening Program
Business forums or panel discussion groups
?-~
4.Each party shall be responsible for its own costs incurred in connection with the
services provided above.
5.This agreement can be terminated anytime at either party's discretion upon
written notice to the other party.
6. General Provisions:
a. CDC agrees to protect, defend, indemnify and hold harmless the City, its
Council members, officers, employees, agents and representatives
(collectively, "Indemnified Parties"), from and against, any and all claims,
costs, damages, liabilities or losses, inclucling, without limitation, attorneys'
fees and court costs (collectively, "losses"), which are claimed or pursued
by existing or prospective Chula Vista Business customers or indirectly, by
any act or omission by CDC or its agents in connection with the services it
is providing under this agreement exclucling, however, any such losses
caused by the sole negligence or willful misconduct of one or more of the
Indemnified Parties. aDa's obligations under this section shall survive the
termination of this agreement.
b. There shall be no third party beneficiaries of any of the obligations, terms
and conditions set forth in this agreement.
c. Nothing in this agreement shall be deemed to create any form of business
organization between the parities, inclucling, without limitation, a joint
venture or partnership.
d. City makes no representation or warranties as to the qualifications or
financial condition of any business referred ~
City of Chula Vista CDC Small Business Finance Corp
Date
Date 3- \-r-o"""1,...
Approved as to form:
City Attorney
Date
/ -
~'!;;
COUNCIL AGENDA STATEMENT
Item No.: ~7
Meeting Date: 3/19/02
ITEM TITLE: Public Hearing: GPA-02-04; Proposed amendment to the Circulation
Element of the City's General Plan to reclassify Main Street, between
Interstate 805 and Heritage Road, from a 6-Lane Major Street to a 6-
Lane Prime Arterial - City Initiated.
Resolution: ; Recommending the City Council adopt
Negative Declaration IS-02 18 and approve the proposed amendment to
the Circulation Element of the City's General Plan to reclassify Main
Street, between 1-805 and Heritage Road, from a 6-lane Major Street to a
6-lane Prime Arterial.
SUBMITTED BY: Director of Planning and Building///~tr.., Director of Public Works/'f~w.I-/yrs.-
REVIEWED BY: City Manager c0 ~ ~ (4/5ths Vote: Yes No X )
The proposed General Plan roadway reclassification of Main Street, between Interstate 805 to
Heritage Road, from a 6-Lane Major Street to a 6-Lane Prime Arterial is necessary to
accommodate anticipated future traffic volumes. No additional right-of-way will be required as
a result of this amendment; however, future roadway improvements will be required by the
City to adhere to 6-Lane Prime Arterial standards which permit fewer median breaks and
require greater spacing between signalized intersections than the current 6-Lane Major Street
standards. The Environmental Review Coordinator has conducted an Initial Study, IS-02-18
and determined that the proposed project could not have a significant effect on the
environment, and a Negative Declaration, IS-02-18 has been prepared.
RECOMMENDATION:
That the City Council approve the attached Resolution adopting Negative Declaration IS--02 18
and amending the Circulation Element of the General Plan to reclassify Main Street, between
Interstate 805 and Heritage Road, from a 6-Lane Major Street to a 6-Lane Prime Arterial.
BOARDS/COMMISSIONS RECOMMENDATION:
On January 14, 2002 the Resource Conservation Co~mnission voted (4 0-0-2) to recommend
that the City Council adopt Negative Declaration IS-02-18 and amend the Circulation Element
of the General Plan to reclassify Main Street, between Interstate 805 and Heritage Road, from
a 6-Lane Major Street to a 6-Lane Prime Arterial.
Page 2, Item No.: ~
Meeting Date: 3/19/02
On February 13, 2002 the Planning Commission voted (7-0) to adopt Resolution GPA-02-04
recommending that City Council adopt Negative Declaration IS-02-18 and amend the
Circulation Element of the General Plan to reclassify Main Street, between Interstate 805 and
Heritage Road, from a 6-Lane Major Street to a 6-Lane Prime Arterial (See Attachment ).
A letter was submitted by Mr. Vince Davies expressing concerns with the proposed action and
specifically the ability for tracks to exit his property if restrictions are placed on left mrn
egress. His property is located on the south side of Main Street near Interstate 805.
Engineering division staff indicated that the City Engineer would work with property owners to
achieve an acceptable solution if traffic impacts dictate furore roadway access limitations.
DISCUSSION:
Background
Main Street currently exists as a 6-lane roadway from Interstate 805 to Nirvana Avenue, and
has to-date only been constructed to 5 lanes between Nirvana Avenue and Heritage Road,
where no businesses or driveways exist. The overall segment of roadway between Interstate
805 and Heritage Road is approximately 1.75 miles in length. Existing cross streets include
Oleander Avenue, Maxwell Drive, Brandywine Avenue and Nirvana Drive. Existing land uses
adjacent to Main Street include light industrial warehouses and vacant industrially zoned land
on the north side, and a service station, telephone utility office, the Chula Vista Auto Park
(Phase I), open space and vacant developable property on the south side.
Proposed General Plan Amendment
Recent traffic models have projected build-out traffic counts of over 50,000 ADT (Average
Daily Trips) for Main Street, thereby necessitating a roadway reclassification to meet future
capacity needs. The proposal is an amendment to the Circulation Element of the City of Chula
Vista General Plan to reclassify Main Street, between 1-805 and Heritage Road, from a 6-Lane
Major Street to a 6-Lane Prime Arterial (see Exhibit B & C of attached Draft Council
Resolution). Amendments to the Land Use Diagram (Fig. 1-2 of the General Plan) and other
elements of the General Plan, including the Land Use Element, are not required for the
proposed reclassification. The proposed reclassification is fully consistent and correlated with
the Land Use Element, pursuant to State Government Code § 65302(b). The following text
,~c,~dmcm,~ ale l~opt3scd to thc ~0optcd Circulation EiclIIClIt.
Page 3, Item No.: r~
Meeting Date: 3/19/02
Proposed General Plan Amendment
Text Modifications
General Plan Text Modifications
Element / Page (strike and underlined modifications representing deletions and additions,
Number respectfully, for only those roadway segments to be modified)
Circulation The following represents only those bullets that are proposed for modification:
Element; Page 2-20
"The general plan includes the following routes classified as six-lane prime
arterials:
o Main Street from Interstate 805 to Heritage Road in Eastern
Territories."
Circulation The following represents only those bullets that are proposed for modification:
Element; Page 2-22
"The general plan includes the following routes classified as six-lane major
streets:
,, Main Street from Heritage_ Road Interstate 805 to Rock Mountain
Road in Eastern Territories."
The following describes the existing and proposed General Plan classification standards
contained in the Circulation Element for Main Street.
6-Lane Major Streets (existing classification) -
6-Lane Major Streets are primarily designed to distribute localized trips and can accommodate
approximately 40,000 Average Daily Trips (ADT) at Level of Service (LOS) C. Typically,
major signalized intersections are spaced no closer than one-quarter mile intervals. A raised
median is required to separate the two directions of travel and to improve the visual appearance
of the arterial corridor. Access to and from abutting properties is typically controlled, but not
restricted. Full access median openings are permitted on these facilities only at locations
specified by the City Engineer and under conditions established by the City. Parking on these
¢:milities i'; t~pic~!l~ ~!!,~*~,,cd ,¢ bikc !:'~c,~ arc pr~vidcd (;~ either :~idc of ~hc~c l'acilkic~ aad
parking is to be retained, an additional lO-feet of right-of-way will be required to allow for a
lO-foot widening of the roadway cross section. Right-of-way necessary for a 6-Lane Major
Street is 128 feet.
6-Lane Prime Arterial (proposed classification)
6-Lane Prime Arterials are designed to move traffic between major generators and can
accommodate approximately 50,000 ADT at LOS C. Typically; major signalized intersections
Page 4, Item No.: 7
Meeting Date: 3/19/02
are spaced no closer than one-half mile intervals. A raised median is required to separate the
two directions of travel and to improve the visual appearance of the arterial corridor. Access to
and from Prime Arterials from abutting properties is typically restricted. Should a property
have frontage only on the Prime Arterial Facility, driveway access is limited to right turns in
and right turns out at locations deemed appropriate by the City Engineer. These access
driveways may require additional roadway width to provide for acceleration and deceleration
lanes. Prime Arterials also provide landscaped buffer areas. Parking on this facility is
prohibited with the exception of emergency parking. Bike lanes are provided according to the
routes identified in the bicycle plan. Right-of-way necessary for a 6-Lane Prime Arterial is
128-feet.
Analysis
The proposed reclassification would accommodate future traffic volumes on this roadway
segment at full build out of existing General Plan land uses by maintaining the current
characteristics of the roadway. The reclassification would not result in any physical changes to
the existing roadway, except for future median break spacing. The reclassification does not
result in the need for any additional right-of-way. As a 6-Lane Major Street or a 6-Lane Prime
Arterial, the roadway segment is already built to its ultimate width within 128 feet of right-of-
way with development having occurred on both sides.
A review of current conditions along this portion of Main Street indicates that existing features
of the roadway, including signal locations/spacing, median break locations/spacing and
prohibited street parking already match those characteristics of a 6-Lane Prime Arterial, with
the exception of the interim 5-lane portion east of Nirvana Avenue where no business or
driveways exist. The requested reclassification would grant the City Engineer the authority to
prohibit future on-street parking, limit and specify median access and signal locations, and
restrict the location and spacing of full access signalized intersections, thereby maintaining the
current characteristics of the existing roadway. The 6-Lane Prime Arterial reclassification and
adherence to classification standards will enable Main Street to carry over 50,000 ADT and
meet future needs.
General Plan/Zoning Consistency
The reclassification of this segment of Main Street to a 6-Lane Prime Arterial is not anticipated
~c~ ~c~ait i~ aay ci~m~gcs to cxi~ihtg General Plm~ land a~c clasMi'icat~ous, or contlict with otl~er
General Plan policies or zoning regulations. As a result, the proposed amendment is considered
consistent with the City's General Plan and Zoning Ordinance. Future projects or development
proposals will require separate analyses to determine consistency with General Plan policies
and zoning/redevelopment area standards.
Page 5, Item No.: ~7
Meeting Date: 3/19/02
Conclusion
The proposed reclassification of Main Street to a 6-Lane Prime Arterial will provide the City
Engineer the ability to maximize the roadway capacity of this important circulation link in
southern Chula Vista while permitting eventual build-out of the City's General Plan land uses
as planned. The City Engineer will work with existing property owners to achieve an
acceptable solution if traffic impacts dictate future roadway access limitations.
FISCAL IMPACT:
There is no adverse fiscal impact anticipated from the proposed reclassification.
Attachments
Locator
Resource Conservation Commission Minutes
Vince Davies Letter and Staff Response
J:\PLANNING\DUANE\MAtN STREET GPA\Main Street GPA CC A 113.doc
CiTY OF CHULA VISTA
COUNTY OF SAN DIEGO
OTA¥
LANDFILL
__ N ERGY WAY
DESIGN
MAIN
PROJECT
LOCATION o,TYor
VJSTA
CITY OF SAN DIEGO
CHULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR EROJEOT PROJECT DE~CR,P~IO.:
APPLICANT: CtTYOFCHULAVISTA GENERAL PLAN AMENDMENT
PROJECT
ADDRESS: 276 FOURTH AVENUE Request: Proposal for an amendment to the Circulation Element
of the General Plan to change the Main Street roadway
SCALE: FILE NUMBER: classification from a 6-Lane Major Street to a 6-Lane Prime
Arterial between 1-805 Freeway and Heritage Road.
NORTH No Scale GPA-02-04 Related Case: IS-02-018,
h:\home\plannin \locators\GPA0204.cdr 10/30/01
MINUTES OF A REGULAR MEETING OF THE
RESOURCE CONSERVATION COMMISSION
January '14, 2002
Mercy Building Conference Room
430 "F" Street
MEETING CALLED TO ORDER by Chair Charles Bull at 7:15 p.m.
ROLL CALL/MOTION TO EXCUSE
MSC (Reid/Thomas) to excuse Commissioner Pamela Bensoussan. Vote: (4-0)
Commissioner Juan Diaz was not excused.
MEMBERS PRESENT: Chair Charles Bull, Vice-Chair Doug Reid, Commissioners
Cindy Burrascano and Teresa Thomas (7:14)
STAFF PRESENT: Marilyn Ponseggi, Environmental Review Coordinator
Edalia Olivo-Gomez, Environmental Projects Manager
Lynnette Tessitore-Lopez, Associate Planner (TEP)
Dave Hansen, Deputy City Attorney
Linda Bond, Recording Secretary
OTHERS PRESENT: Felix C. Delgado, 311 'D' Street
Leticia Delgado, 311 'D' Street
Frank M. Roseman, 66 Montebello Street
Jim McVeigh, 644 Second Avenue
Mari A. Torres, 58 San Miguel Drive
Jose M. Torres, 58 San Miguel Drive
Ethel M. Carter, 181 Madrona Street
APPROVAL OF MINUTES: October 1 and December 3, 2001
There was not a quorum to approve the minutes of October 1 or December 3, 2001.
If there were no objections, Chair Bull requested that NEW
]~USINESS be taken out of order:
RCC Minutes - 2 - January 14, 2002_
NEW BUSINESS
4,r IS'02--18 -- Main Street General Plan Amendment (between 1-805 and Heritage
Road)
Ms. Edalia Olivo-Gomez (Environmental Projects Manager) reported that the
proposed amendment would reclassify Main Street from 1-805 to Heritage Road
from a 6-lane Major Street to a 6-lane Prime Arterial. This 1 and %-mile segment of
Main Street is located in a fully urbanized area of the City. No additional right-of-way
would be required. The Initial Study found that the proposed amendment would not
result in any environmental impacts because the change in classification does not
result in any land use changes or any physical changes to the environment.
Vice-Chair Reid wondered about the noise from the increased capacity of 40,000 to
59,000 ADT. Ms. Marilyn Ponseggi (Environmental Review Coordinator) stated that
additional traffic is going to be looked at when additional anticipated projects raise
the noise and traffic levels. Those additional projects will have environmental
reviews.
MSC (Burrascano/Thomas) that the RCC accept the Negative Declaration as
adequate. Vote: (4-0-0-2) with Bensoussan and Diaz absent.
OLD BUSINESS
1. Reconsideration of Recommendation for Historic Designation, 58 San Miguel
Drive
Ms. Ponseggi reported that at this meeting the RCC has on the agenda two homes
that the Commission previously considered and recommended for the Historic Site
Designation. In both cases the homeowners' have now withdrawn their request for
Historic Designation. However, because these were recommendations to the City
Council the City Attorneys office advised staff that the items should be brought back
to RCC for reconsideration of their recommendation based on new information,
which is primarily the fact that both property owners have withdrawn their request for
designation. If the RCC votes not to recommend these houses for designation, that
will be the end of the action and they will not go on to City Council. If the RCC votes
ko go ahead and designate them, then that recommendation would go on to City
Council where the Council would be advised that the owners are not in agreement
with the RCC recommendation.
In the case of 58 San Miguel Drive, the RCC voted not only to recommend
designation to the City Council but also that the historic site permit be put on it. The
owners of 58 San Miguel Drive were not in attendance at the RCC meeting when
action to designate their home with the Historic Site Permit was taken.
RCC Minutes - 3 - January 14, 2002
The second house, 181 Madrona Street, was recommended by the RCC for Historic
Site Designation only. The owner of 181 Madrona Street was in attendance when
the RCC originally considered the designation.
Mr. Jose M. Torres (Owner, 58 San Miguel Drive, Chula Vista, CA 91910) stated
that he and his wife have owned the house for almost two years. They applied for
the historic designation, but, unfortunately, the Commission also voted for the
historic site permit, which they did not agree to because of the restrictions the site
permit would put on the house.
Ms. Mad A. Torres (Owner, 58 San Miguel Drive, Chula Vista, CA 91910) stated
that, when they applied for the designation, they knew there were going to be some
restrictions, but they never expected the site permit on the house. They have no
plans to destroy the house. The house is not endangered. When the City came out
with the historical site permit, it did not make sense to them because they knew
what to do in the house. They know the house needs to remain the same.
Commissioner Burrascano asked the homeowners if they would be willing to be just
under the historic designation without the restr ctions? Ms. Torres indicated that they
might consider it.
Commissioner Burrascano asked if there were any disadvantages to not having the
historic site pcrmit designation restrictions? Ms. Ponseggi stated that there are
potential impacts that could happen to the house just from it being designated. If the
owners want to do anything to the property in the future that falls under a
discretionary act, and it were designated as historic, it would trigger certain CEQA
reviews that Would not be triggered otherwise. The Mills Act has other restrictions on
it once you enter into the contract, which you can only enter into if you have the
historic designation. However, if you have historic designation, you are not required
to enter into a Mills Act. Those restrictions would only apply if you chose to enter
into the Mills Act.
Chair Bull indicated that he would support the continuing the action in order for the
owners to have the opportunity to talk to staff about what all the implications are so
they have time to think about them and understand them and then, hopefully, come
back and suppor~ the historic designation without the historic site permit.
Ms. Torres stated that they have talked with staff about the restrictions for the
historical site permit and have received a copy of the code. She stated that she feels
that if the RCC were going to put these types of restrictions on her property, the City
would have to consider putting these restrictions on every house around the City
that looks similar to hers in order for it to be fair.
RCC Minutes - 4 - January 14, 2002
Commissioner Burrascanos' viewpoint was that having a site permit is restrictive,
which is why she voted against it the first time. The language needs to be rewritten.
She did not have a problem with a historical designation. She knew the owners did
not ask for that although the house does qualify.
Commissioner Thomas stated that she would like to reconsider the historic site
permit and honor the owners' viewpoint. They might change their minds in the future
and come back to the Commission. But on the historic designation, there is no doubt
it is historic, which is why the homeowners came in the first place. What she would
like to explore is the possibility of tabling that part into the future and giving the
owners three or four months to consider it then put it back on the agenda for the
RCC consider.
Ms. Torres understood that it is a wonderful house, but they do not agree with the
historical site permit. They do not want it.
Chair Bull asked, if the RCC were to reconsider and not recommend the historic site
permit, would the homeowners feel positive about postponing the RCC's
reconsideration of the historic designation until they had some time to review the
details?
Ms. Torres wanted to know, if they were to put the historical designation on their
house, would the RCC, in the future, put the historical site permit on the house
again? Chair Bull stated that he sure hoped not. He would hope that the
Commissions' records would be sufficient enough that they would be able to remind
them of the action and that they would not do that. He hoped that the Commission
would be more responsible than that.
MSC (Burrascano/Reid) that the RCC reconsider the recommendation for a
historic site permit and rescind that action. Vote: (4-0-0-2) with Bensoussan
and Diaz absent.
Ms. Ponseggi suggested that the Commission take a recess to let staff talk with the
applicants to make sure they understand what the Commission is proposing.
Recess from 7:45 p.m. to 8:00 p.m,
Ms. Torres stated that they still wish to withdraw their request for Historic
Designation.
Commissioner Burrascano asked if there was anything the RCC could do to help get
them more information? Ms. Torres' response was 'time'.
RCC Minutes ~ 5 - January 14, 2002_
Commissioner Thomas did not feel comfortable withdrawing that particular motion
and then coming back and putting it on again. She asked the homeowners if they
would rather wait to withdraw the motion? Ms. Torres stated that they would like to
withdraw right now and would like more time to think about it.
Vice-Chair Reid stated that he would rather have it continued to a date certain.
Commissioner Thomas stated that she would feel better continuing it. It is not
ignoring the homeowners' request. By continuing it, it merely puts it back on the
agenda for them to say 'yes' or 'no', and the Commission could still honor that. It is
just considering their request that they want to talk about it and explore it more.
Ms. Torres stated that she wanted the RCC to respect their point of view right now.
Mr. Dave Hansen (Deputy City Attorney) indicated that a potential problem with
tabling the item to other than a date certain due to the noticing requirements.
Ms. Ponseggi was concerned that, even though the RCC had voted to rescind the
action on the historic site permit, the RCC cannot guarantee to the homeowners that
the RCC would not in the future once again make the recommendation on the
historic site permit because the RCC does the authority to do so.
Chair Bull indicated that his sense was to acquiesce to the desires of the
homeowners and, hopefully, they would be willing to bring it back to the RCC in the
future because the house deserves this recognition.
Vice-Chair Reid asked the homeowners if they would be able to reach a conclusion
by June 3rd?
MS (Reid/Burrascano) to continue this item to the June 3, 2002 RCC
meeting.
Discussion
Mr. James McVeigh (Resident, 644 Second Avenue, Chula Vista, CA 91910) stated
that he came to the meeting to ask the Commission to go ahead with designating
historic site, ~o~ the permit, over i. lle objections o[ the homeowners. He has talked to
Mr. & Mrs. Torres and thinks they are very dedicated. They love their home, and
they will take care of it. Mr. McVeigh stated that he was going to change his mind to
say that he did not agree that the Commission should force designation on these
people. He thought that the homeowners did not understand the benefits of a
designation. They do not understand that there are no real obligations to a
designation, but he did not believe that the designation should be imposed upon
them.
RCC Minutes - 6 - January 14, 2002
Ms. Ethel M. Carter (Resident, 181 Madrona Street, Chula Vista, CA 91910) thought
the RCC should respect their wishes and let them withdraw their request.
Commissioner Thomas did not think continuing it was forcing it; it was just bringing it
back. The Torres' are still the owners and would have the decision.
Ms. Leticia Delgado (Resident, 311 'D' Street, Chula Vista, CA 91910) questioned
whether the Commission wanted to give the homeowners five months or so to see
whether or not they would change their mind about wanting the home designated.
Ms. Delgado questioned if that was is the action the RCC takes now, would the RCC
rescind their recommendation to designate the home if when it comes back to the
RCC the homeowners still wish to withdraw? Ms. Delgado also asked for
clarification as to if the request is withdrawn now can the property owners reapply
later on. Ms. Tessitore-Lopez responded in the affirmative.
Vote: (3-1-0-2) with Bull opposed and Bensoussan and Diaz absent. Vote
failed.
Chair Bull indicated that he would entertain a motion to rescind the recommendation
to the City Council for the historic designation until such time as the owners bring
the issue back before the Resource Conservation Commission. And, furthermore,
that the motion does not infer the absence of any historic significance to the
building.
Mr. Felix C. Delgado (Resident, 311 'D' Street, Chula Vista, CA 91910) stated that, if
this goes to City Council because it has gotten out of control, he would have every
member of the historical committee sitting out there and they would speak for 30
minutes each on how the RCC caroused the opinions of a perspective applicant.
And this will reflect not only for everyone at the community meeting but also the
news writers and everyone that will be available. They will actually investigate this
whole meeting, and the RCC minutes will be exposed. You have to be respectful.
This will reverberate to all the other perspective homeowners.
Chair Bull stated that it could have serious ramifications when you do not have the
support of the property owner. It is somethina the RCC needs to be aware of.
MSC (Reid/Burrascano) to continue the historic designation to the February
18, 2002 RCC meeting. Vote: (4-0-0-2) with Bensoussan and Diaz absent.
RCC Minutes - 7 - January 14, 2002
2. Reconsideration of Recommendation for Designation of the Almond Pickering
House as a Historic Structure, 181 Madrona Street
Ms. Ponseggi reported that the property owner has requested to have the
application withdrawn for the historic designation. They plan to make some
modifications to the outside of the house, and they want to ensure that there are not
going to be any ramifications if they make those alterations.
Ms. Ethel M. Carter (Owner, 181 Madrona Street, Chula Vista, CA 91910) stated
that she wanted to be withdrawn from everything. She does not want anything in the
future or to have to come back or any reconsideration or the Mills Act. She
appreciated the RCC for considering her home, but they have got a lot of alterations
they are going to do, which will conflict with everything.
MSC (Burrascano/Thomas) to withdraw the historic designation. Vote: (4-0-0-
2) with Bensoussan and Diaz absent.
ENVIRONMENTAL REVIEW COORDINATOR COMMENTS
Ms. Ponseggi reported that she would not be at the next meeting as she would be on
vacation. Michael Meacham will be doing a presentation on the Solid Waste Program. If
any RCC member is not going to be at the meeting, please let staff know. Chair Bull
indicated that he would probably be late if he could get to the meeting at all. He has a
4:00 p.m. meeting in Carlsbad.
Ms Ponseggi asked the Commissioners if they would reconsider starting their meetings
at 6:00 p.m. instead of 6:30 p.m. Commissioner Burrascano said it would be impossible
for her.
OLD BUSINESS (Cont'd)
3. Revised RCC Meeting Schedule for 2002
MSC (Burrascano/Reid) that the RCC adopt the revised schedule. Vote: (4-0-
0-2) with Bensoussan and Diaz absent.
CHAIR COMiVlENTS: Chair Bull hoped the RCC had learned from the 58 San Miguel
Drive issue. The RCC knew when we designated it with the historic site permit that it
was a potential problem. Hopefully, we have recognized some of the ramifications that
some of the things we do go beyond what we believe the results are. The RCC has to
be careful and not do that again so we do not get into this kind of situation in the future.
Commissioner Thomas believed a lot of that would be eliminated once some of the
threatening language of the historic permit is resolved.
RCC Minutes - 8 - January 14, 2002
COMMISSIONER COMMENTS
Commissioner Thomas shared with the Commissioners that the San Diego Union/
Tribune is now showing the mold count in the weather section under air quality. On
November the 18th it was totally unhealthy. You see a lot of that now. That makes it all
the more important for the RCC to make sure that kind of control is taken care of in its
mitigations with new projects.
Vice-Chair Reid asked if the Manager of the General Plan Update had been scheduled
to give a presentation at a future RCC meeting? Ms. Ponseggi responded that the
presentation will be scheduled in the next few months once the General Plan Update
Work Program has been finalized.
ADJOURNMENT: Chair Bull adjourned the meeting at 8:43 p.m. to a regular meeting
on Monday, February 4, 2002, at 6:30 p.m. in the Mercy Building Conference Room,
430 'F' Street, Chula Vista, CA.
Prepared by:
Lind~a Bond
Recording Secretary
(A:\IIb\RCC#1\RCC011402rains Final.doc)
DAVIES ENTERPRISES
450] Oloy Volley l~ood o Chulo Visto, (gA 9] 9] ] o (6] 9) 42]-450] o Fox (6] 9) 42 ]-5l 32
Manlyn K.F. Ponseggi
Environmental Review Coordinator
Chula Vista Plarming Deparlment
276 Fomth Ave. PLANNINGJ
Chula Vista, Ca
Re: Negative Declaration to the Main Street General Plan Amendineot (case no IS-02-18)
Mrs. Ponseggi;
In response to the proposed negative declaration to the Main Sheet General Plan Amendment, and the
proposed change to the general plan, I would like to take this opportunity to make a few of my concerns be
known. 1 am at odds with several staff'conclusions in the document and find fault with statements made in
the document that to me are completely conlradictory. Furthermore, representations are made that I don't
believe are tree My recommendation for this document is that it not be accepted in its present form.
Let me address nay grievances beginning at the end and ending at the begmnulg. To start with, I am a
property owner with several hundred feet of property frontng on Mare Street and within the boundaries of
I this project. Page 2, paragraph D of the proposed declaration states that a notice of initial study was
circulated to property owners inviting comments It further states that none were received. Let me be clear
that INs notice of"proposed negative declaration" to this project is the first that I have heard about the
proposed change to the status of Main Street in the redevelopment a~ea. I would certainly have made
commenta to this lxoposal before now had such a notice been circulated to all affected properly owners.
Tlie proposed Negative Declaration and suppoding Environmental Checklist Form states no fewer than
three trines that cm,-rent conditions tdready match those characteristics of a 6-lane Prhne Arterial. The
2 doctm~ent states that one of these conditions is signal spacing of one-half mile intervals, yet spacing of
signals belween Interstate 805 intersection and Oleander intemection is cleasly less than one-half mile The
same holds tree tbr the spacing between Oleander and Brandywine intersections.
The document states that the current conditions that "akeady match those of a 6-Iane Prime Arterial", a/low
for median breaks with cross-street access, when clearly the intent ora 6-lane Prime Arterial is to limit
driveway access to "fight turn in, right turn outZ The intent is to resthct "left-in, left-out" access to
properties adjoining Main Street. qfhis "right turn o~ly" situation leads me to my faulting of the conclusions
in the Proposed Negative Declaration.
T~uck-h-actor/trailer combinations frequent many bmsinesses on Mare Street. In particular, my property at
!ii,: c ~1~ ~fl 805 aJ~d Mare St~cc~ gc~lc~aic.s .'ii thc ncighb(ahood 0£200 Uuck-~actoffW, nler combioafion
3 movements every day. Limiting cross street dnveway access, will force these vehicles to attempt legal U-
tums at intersections such as Oleander and Main or Brandywine and Main. As has been demonstrated in
the past, most of these vehicles cannot effect these U-tums without makSng numeious attempts, and in so
doing, traffic will be regularly and completely bottled-up. ~lttis situation will cause aggravated congestion
and wdt/esult in hazards to safely. The attached Enviromnental Checklist Form indicates on page 4
paragraph VI, (a) (b), "less th,'m significant impact on traffic congestion and no impact on Hazards to
safely" in light of this particnlar traflSc situatier'g I strongly disagree.
DAVIES ENTERPRISES
4501 Olay Valley Road - Chula Visla, CA 91911 · (619) 421-4501 · Fax (619) 421-5132
The result of changing the status of Main Sheet in the redevelopment ~rea to a 6-lane Prime Arterial will
have adverse affects on traffic and safety that has not been considexed here. Affected property owners have
NOT been advised of this proposed change until now, end therefore have not been afforded the opportunity
4 to address their concerns when those concerns could have been addressed by this Proposed Negative
Declaration. This Negative Declaration is in ilself contradictory. I rage you to review your own efforts
here and reconsider this Proposed Negative Declaration.
Sincerely'
A.V. Davies
Property Owner
cc: Shirley Horton
Mary Salas
Patty Davis
Jerry Rindone
Stephen Padilla
Dave Rowlands
Chris Salomone
RESPONSE TO COMMENTS
Davies Enterprises, 4501 Main Street, Chula Vista, CA 91911 (January 16, 2002)
1. & 4. Consistent with the City of Chula Vista Environmental Review Procedures, a
Notice of Initial Study was mailed to all property owners within 500-foot radius
of the subject segment of Main Street. The Notice of Initial Study was mailed on
November 5, 2001. The 10-day comment period ended on November 15, 2001.
The City's records indicate that a Notice of Initial Study xvas sent via US Mail to
the Davies Family Trust at 786 3'd Avenue, #A, Chula Vista, CA 91910. A total
of 100 property oxvners and outside agencies were notified.
2. The spacing of the existing signals between 1-805/Oleander/Brandywine is less
than one-half mile. However, as indicated in the proposed Negative Declaration,
the General Plan states that, for a 6-Lane Prime Arterial, "Typically, major
signalized intersections are spaced at one-half mile intervals." Other criteria in
the General Plan for major circulation roadways also use the xvord "typically" in
cmmection with each criteria, thereby, giving some flexibility as to how the
criteria are met.
The subject segment of Main Street, between 1-805 and Heritage Road, has or will
have, a total of five signals (at Oleander, Brandywine, Roma Court, Maxwell, and
Nirvana) spaced an average of 0.35 miles per signal. On the approximate 1.5 mile
seg~nent between Brandywine and Heritage the average signal spacing is
approximately one signal per half mile. While thc spacing is not exactly half-mile
intervals, the overall segment meets the intent of the General Plan, ~vhich calls for
"typically" one-half mile spacing.
Under the policies of the Circulation Element of the General Plan, access to and
from prime arterials from abutting properties shall be typically restricted. Should
property have frontage only on the prime arterial facility, driveway access limited
only to right tums in and fight tums out will be permitted at locations deemed
appropriate by the City Engineer. Likewise, access to and from four-lane or six-
lane ~najor streets from abutting properties shall typically be controlled, but not
restricted. Full access median openings will be permitted on these facilities only
at locations speci ried by thc City ~t~gitmer and under comlitions established by
the City Engineer. Thus, regardless of whether Main Street is classified as a prime
arterial or major street, all abutting properties could have similar access controls.
3. The Environmental Checklist analyzes potential impacts associated with the
reclassification of Main Street from a 6-Lane Major Street to a 6-Lane Prime
Arterial. The change in classification itself does not result in any physical
changes to the environment and is not associated with any current or future
development proposals. Specific development proposals in the project vicinity
will be evaluated as part of the City's project submittal and environmental review
J :\Planning\EDALIA\Correspondence\IS-02-18 Main St GPA.doc
process. Staffwill ~vork with furore project applicants to find mutually acceptable
solutions to meet their needs and continue to preserve the ability to bring
desirable projects, which benefit the community, while achieving acceptable
levels of service on the City's roadway system.
J 'Pla in ng,EDALIA\Correspondence\lS-02- 8 Main St GPA.doc
RESOLUTION NO. 2002-.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ADOPTING NEGATIVE DECLARATION IS-02-l8 AND AMENDING THE
CIRCULATION ELEMENT OF THE CITY'S GENERAL PLAN TO
RECLASSIFY MAIN STREET, BETWEEN INTERSTATE 805 AND
HERITAGE ROAD, FROM A 6-LANE MAJOR STREET TO A 6-LANE
PRIME ARTERIAL
WHEREAS, the City of Chula Vista's adopted General Plan Circulation Element
("Circulation Element") provides a roadway classification for a 6-Lane Major Street and 6-Lane
Primer Arterial; and,
WHEREAS, the Circulation Element presently designates Main Street, between Interstate
805 and Heritage Road, as a 6-Lane Major Street; and,
WHEREAS, prior to or at General Plan build out, anticipated traffic counts on Main
Street, between Interstate 805 and Heritage Road, will exceed the maximum capacity for a 6-
Lane Major Street, as defined in the Circulation Element; and,
WHEREAS, reclassifying the subject segment of Main Street ITom a 6-Lane Major Street
to a 6-Lane Prime Arterial would grant the City Engineer the authority to prohibit future on-
street parking, limit and specify median access and signal locations, and restrict the location and
spacing of full access signalized intersections, thereby maintaining the current characteristics of
the existing roadway; and,
WHEREAS, reclassifying the subject segment of Main Street from a 6-Lane Major Street
to a 6-Lane Prime Arterial will provide additional roadway capacity necessary to achieve build
out of the City's General Plan land uses; and,
WHEREAS, the proposed reclassification is fully consistent and correlated with the Land
Use Element, pursuant to State Government Code § 65302(b); and,
WHEREAS, on January 14, 2002 the Resource Conservation Commission accepted the
draft Negative Declaration, IS-02-l8, by a vote of 4-0-0-2; and,
WHEREAS, the City Planning Commission held a public hearing on February 13,2002
and recommended by Resolution GPA-02-04 that the City Council adopt an amendment to the
Circulation Element of the General Plan to reclassify that portion of Main Street, between I-80S
and Heritage Road, ITom a 6-Lane Major Street to a 6-Lane Prime Arterial, by a vote of7-0; and
WHEREAS, that in accordance with the requirements of CEQA, the Environmental
Review Coordinator determined that the Project required the preparation of an Initial Study.
Such study was prepared by the City of Chula Vista, and based on such study, a Negative
Declaration was prepared and circulated for public review; and,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista
does hereby adopt Negative Declaration IS-02-l8 and amend the Circulation Element of the City's
7-/9
General Plan to reclassify Main Street, between Interstate 805 and Heritage Road, ITom a 6-Lane
Major Street to a 6-Lane Prime Arterial, in accordance with the attached Exhibits "A" through "C".
Presented by:
Approved as to form:
Robert A. Leiter
Director of Planning and Building
H:IPLANNINGIDUANEICOUNCIL ITEMSIMain Street GP A CC Res.doc
7-~O
EXHIBIT A
Proposed General Plan Amendment
Text Modifications
General Plan
Element / Page Text Modifications
Number (strike and underlined modifications representing deletions and additions,
........... respect?~ly, for on?__ y those roadway segments to be modified)
Circulation Element The following represents only those bullets that are proposed for modification:
Page 2-20
"The general plan includes the following routes classified as six-lane prime arterials:
· Main Street from Interstate 805 to Heritage Road in Eastern Territories."
Circulation Element The following represents only those bullets that are proposed for modification:
Page 2-22
"The general plan includes the following routes classified as six-lane major streets:
,, Main Street from Heritage Road ~.nterstate ~95 to Rock Mountain Road in Eastern
Territories."
CITY OF CHULA VISTA
COUNTY OF SAN DIEGO
OTAY
LANDFILL \
ENERGY WAY
MAIN STREET
PROJECT
LOCATION D, '¥OrC.U V,STA
CITy OF SAN DIEGo
CHULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT PROJECT DESCR~.~O.:
APPLICAN~ CITY OF CHULA VISTA
GENERAL PLAN AMENDMENT
PROJECT
ADDRESS: 276 FOURTH AVENUE Request: Proposal for an amendment to the Circulation Element
of the General Plan to change the Main Street roadway
classification from a 6-Lane Major Street to a 6-Lane Prime
SCALE: FILE NUMBER: Arterial between 1-805 Freeway and Hedtage Road.
NORTH No Scale GPA-02-04 Related Case: IS-02-018,
c:\cfmisc\GPA0204.cdr 10/30/01
COUNCIL AGENDA STATEMENT
Item:
Meeting Date: 3/19/02
ITEM TITLE: Public Hearing: PCM-00-24: Adoption of a resolution
amending the Rancho del Rey Sectional Planning Area (SPA) I
Plan, in order to allow the construction of a double left turn lane
with associated driveway on East "H" Street, providing direct
vehicular access to the Home Depot store located within the
Rancho Del Rey Commercial Center (725 Plaza Court).
Resolution of the Chula Vista City Council amending the
Rancho del Rey Sectional Planning Area (SPA) I Design
Guidelines, in order to allow the construction of a signalized
double left turn lane with associated driveway on East "H" Street
providing direct vehicular access to the Home Depot Store located
at 725 Plaza Court.
SUBMITTED
BY: Director of Planning and Building
/
REVIEWED BY: City Manager (4/5tbs Vote: Yes__ No~X )
The management of Home Depot is requesting the amendment of the Rancho Del Rey
SPA I Plan in order to allow the construction of left turn lane with associated new
driveway along East "H" Street. The provisions of the Rancho Del Rey SPA plan
presently limit left turn lanes on East "H" Street to those that exist at the major entrances
to the Center. Construction of the left turn lane and associated driveway would involve
significant grading of the City open space area abutting East "H" Street. The City Traffic
Engineer has reviewed the proposal and determined that the construction of the left turn
lane servicing Home Depot would improve traffic circulation in the Rancho Del Rey
Commercial Center.
RECOMMENDATION:
modifying the Rancho del Rey SPA I Plan to allow the construction of a new left turn
lane with associated driveway providing direct vehicular access to Home Depot.
BOARDS AND COMMISSIONS RECOMMENDATION:
The Planning Commission recommended approval of the proposed modifications to the
Rancho Del Rey SPA 1 Plan at is meeting of January 23, 2002. At that meeting
Commissioners raised concerns regarding the placement of an additional traffic signal on
Page 2, Item: ~
Meeting Date: 3/19/02
East "H" Street and the potential for delays in traffic caused by the new left turn lane.
Commissioners did find, however, that the new left turn lane would facilitate vehicular
traffic within the Rancho Del Rey Center and would not adversely affect adjacent land
uses. The Planning Commission voted 6-1 to approve the SPA amendment and directed
staff to work with the applicant toward the development of appropriate roadway signage,
the installation of a sidewalk along the driveway, and the planting of sufficient
landscaping to appropriately mitigate potential adverse visual impacts caused by the
driveway retaining wall. These items are to be addressed during the Design Review phase
of project processing. Planning Commission minutes from January 23, 2002 can be found
in Attachment "A".
DISCUSSION:
Site Charactehstics
The project site is the Rancho Del Rey Business/Commercial Center located on East "H"
Street. The project setting is a terraced land area of approximately 85 acres consisting of
developed parcels that stairstep down from east to west. Rice Canyon borders the site to
the north. A Scenic Roadway and open space area (East "H" Street) abut the site at the
south. The Center accommodates several major retail establishments including Home
Depot, Costco, Kmart, Petco and Jeromes Furniture. Uses surrounding the Center are
primarily residential in nature.
The Business/Commercial Center is accessed via three primary entries that intersect with
East "H" Street. East "H" Street is designated as a Scenic Roadway within the Chula
Vista General Plan. The right-of-way along East H Street is characterized by varying
slopes and landscaping, creating a scenic open space buffer between the street and
surrotmding development. City-owned open space parcels abut East "H" Street in the
area of the Center. Trees and other significant landscaping are maintained within the open
space parcels. The City's Environmental Review Coordinator has determined that any
impacts associated with the proposed Project have been previously identified in the
Rancho del Rey FEIR 92-02 and has therefore, prepared an addendum to that document.
The Rancho del Rey Business/Commercial Center was originally created as an
employment park in 1985. The Center was designed to provide employment opportunities
to area residents in an unobtrusive setting surrounded by open space. Due to slow
development of the center and market demand tbr large-scale retailers, however, the
Rancho Del Rey SPA Plan was modified to allow commercial enterprises in 1992. Since
1992, the majority of the Center has been utilized for retail/cotmnercial purposes.
The management of the Center has stated that because the Rancho del Rey
Business/Commercial Center was not originally designed for retail commercial purposes,
the layout of the development presents significant constraints to businesses currently
operating there. Specifically, the vehicular circulation plan for the site does not lend itself
to accommodate the large volume of traffic that a major retail center generates. Because
Page 3, Item: ~
Meeting Date: 3/19/02
there is no direct access to the Home Depot from East "H" Street, vehicles bound for
Home Depot must enter the Rancho Del Rey Commemial Center via Paseo Del Rey and
mix with vehicles bound for other destinations within the Center. During times of high
traffic volume such as weekends, the lack of a direct access driveway to Home Depot
contributes to congestion within and around the Rancho Del Rey Center.
Proposed Improvements
The applicant is proposing to modify the provisions of the Rancho Del Rey SPA ! plan in
order to construct two signalized left turn lanes (serving east-bound traffic) with
associated driveway on East "H" Street. The new driveway would be located
approximately 680 feet to the east of the centerline of Del Rey Blvd. The new driveway
would be 50 feet in width and would consist of one entry lane and one exit lane. The
proposed driveway ~vould entail significant grading of the existing open space slope
situated to the south of Pasco del Rey, as well as the alteration of the existing median on
East "H" Street. Both sides of the new driveway would be bordered by a planted retaining
wall. The new retaining wall would reach a maximum height of 16 feet along the east
side of the driveway and 13 £eet along the western side of the subject driveway.
Analysis
A traffic analysis was perforated in association with this development request and can be
reviewed in Attachment "B" to this report. The traffic analysis indicates that the new left
turn lanes and driveway would result in a slight improvement to the existing traffic
situation both within the Center and along East "H" Street by decreasing delay times.
The traffic analysis indicates that the level of service of the intersection of East "H"
Street and Paseo Del Rey would remain at LOS "D" during the weekday and weekend
peak hours. The traffic study states that the intersection of Plaza Court and Paseo Del Rey
will remain at LOS C during the weekday and weekend peak hours. The traffic study also
indicates that the new intersection will operate at LOS B during peak hours. The City
Traffic Engineer has reviewed the subject traffic study and concurs with the findings
made in this report.
The construction of the driveway would result in the removal of 25 parking spaces on the
Home Depot site. The project plans depict 612 total parking spaces on site once the
subject driveway is completed. The minimum amount of parking needed to accommodate
this retail usu baseu upo~ tt~c to~al lloor area of tt~c store ts 011 spaces.
The construction of the new left turn lane and driveway along East H Street requires the
amendment of the Rancho Del Rey Sectional Plmming Area I (SPA) Plan. The SPA Plan
presently limits left turn lanes to those that presently exist at the major entrances to the
Rancho Del Rey Business/Commereial Center. The language of the SPA Plan would be
modified to allow the new left turn lane and can be reviewed in the draft resolution in
Attachment "C.' The actual driveway improvements themselves are subject to Design
Page 3, Item: '~
Meeting Date: 3/19/02
them is no direct access to the Home Depot from East "H" Street, vehicles bound for
Home Depot must enter the Rancho Del Rey Commemial Center via Pasco Del Rey and
mix with vehicles bound for other destinations within the Center. During times of high
traffic volume such as weekends, the lack of a direct access driveway to Home Depot
contributes to congestion within and around the Rancho Del Rey Center.
Proposed Improvements
The applicant is proposing to modify the provisions of the Rancho Del Rey SPA I plan in
order to construct two signalized left turn lanes (serving east-bound traffic) with
associated driveway on East "H" Street. The new driveway would be located
approximately 680 feet to the east of the centerline of Del Rey Blvd. The new driveway
would be 50 feet in width and would consist of two entry lanes and two exit lanes. The
proposed driveway would entail significant grading of the existing open space slope
situated to the south of Pasco del Rey, as well as the alteration of the existing median on
East "H" Street. Both sides of the new driveway would be bordered by a planted retaining
wall. The new retaining wall would reach a maximum height of 16 feet along the east
side of the driveway and 13 feet along the western side of the subject driveway.
Analysis
A traffic analysis was performed in association with this development request and can be
reviewed in Attachment "B" to this report. The traffic analysis indicates that the new left
turn lanes and driveway would result in a slight improvement to the existing traffic
situation both within the Center and along East "H" Street by decreasing delay times.
The traffic analysis indicates that the level of service of the intersection of East "H"
Street and Pasco Del Rey would remain at LOS "D" during the weekday and weekend
peak hours. The traffic study states that the imersection of Plaza Court and Pasco Del Rey
will remain at LOS C during the weekday and weekend peak hours. The traffic study also
indicates that the new intersection will operate at LOS B during peak hours. The City
Traffic Engineer has reviewed the subject traffic study and concurs with the findings
made in this report.
The construction of the driveway would result in the removal of 25 parking spaces on the
Home Depot site. The project plans depict 612 total parking spaces on site once the
subject driveway is completed. The minimum amount of parking needed to accommodate
this retail use based upon the total floor area of the store is 611 spaces.
The construction of the new left turn lane and driveway along East H Street requires the
amendment of the Rancho Del Rey Sectional Planning Area I (SPA) Plan. The SPA Plan
presently limits left turn lanes to those that presently exist at the major entrances to the
Rancho Del Rey Business/Commercial Center. The language of the SPA Plan would be
modified to allow the new left turn lane and can be reviewed in the draft resolution in
Attachment "C." The actual driveway improvements themselves are subject to Design
Page 4, Item: :~
Meeting Date: 3/19/02
Review Committee (DRC) consideration, and will be reviewed by the DRC subsequent to
Council action on the SPA modification request.
lyre Zoning Code requires that the Planning Commission (PC) review SPA amendment
requests and make recommendations to the City Council (CC) concerning such requests.
The PC reviewed the proposal on January 23, 2002. In accordance with the Zoning Code,
all pertinent application materials and fees have been supplied to the City.
As stated above, East H Street is designated as a Scenic Roadway in the Chula Vista
General Plan. The Zoning Ordinance requires that Sectional Planning Areas be consistent
with the General Plan. Section 8.1 of the Land Use Element of the General Plan
addresses East "H" Street and includes the following language:
"The views from the scenic roadway to these varied land uses is an
important asset to the scenic route. It is also an important consideration to
maintain a consistent quality of development and landscaping along the
entire route."
In reviewing the proposal, the Council should assess the benefit of improved traffic flow,
verses the disturbance to the City open space area in the location of the proposed
driveway. Proposed retaining walls will reach a maximum height of approximately 16
feet, and mature vegetation will be removed/relocated. According to the project applicant,
however, the driveway will only be visible from the new intersection, and the retaining
structures will no~t be visible from the new driveway. The applicant also states that mature
vegetation will be replaced/relocated and that the retaining wall will incorporate planter
pockets and landscaping. The applicant will be required to submit a landscaping bond to
the City in order to ensure that all landscaping is adequately installed and maintained.
The Design Review Committee will be reviewing the landscaping and grading plans as
part of the permitting process for the proposed driveway (DRC-93-25M).
The construction of the proposed driveway would result in the disturbance of the City
open space area. Also, vegetation will have to be removed from the median island
dividing East "H" Street. According to the City Landscape Planner, however, the project
landscape plan calls for significant planting in order to replace vegetation removed to
accommodate the new driveway and left turn lane. Also, the retaining walls to be
constructed on both sides of the proposed driveway will contain planter pockets and will
be covered with vegetation. The replacement landscaping tbr the new driveway and
modified median will result in a consistent quality of landscaping along East "H" Street.
Section 19.48.100 of the Zoning Code requires that the findings listed below be made
when either approving or modifying a SPA plan. The Planning Commission based their
approval recommendation of the proposed SPA amendment upon the following findings:
Page 5, Item: ~
Meeting Date: 3/19/02
A. The proposed sectional planning area plan is in conformity with the
general development plan of the P-C zone, any adopted specific plans, and
the Chula Vista General Plan and its several elements.
Proposed finding: The proposed SPA amendment to allow the
construction of a left turn lane into Home Depot is in conformance with
the Chula Vista General Plan and Rancho Del Rey General Development
Plan. The left turn lane will facilitate vehicular access throughout the
Rancho Del Rey Commercial Center by diverting automobiles bound for
Home Depot directly to the Home Depot parking lot. The left turn lane
would contribute to the overall goal of the City's General Plan
Transportation Element by facilitating efficient and safe transportation.
Planned landscape improvements ~vill minimize the project's impacts
upon City open space areas and maintain project compliance with the
Open Space Element of the General Plan.
B. The proposed sectional planning area plan wouM promote the orderly,
sequentialized development of the involved sectional planning area.
Proposed finding: The SPA amendment would further promote the
orderly development of the sectional planning area by improving traffic
flow throughout the Rancho Del Rey Commercial Center.
C. The proposed sectional planning area plan would not adversely affect
adjacent land use, residential enjoyment, circulation, or environmental
quality.
Proposed finding: The proposed SPA amendment would not adversely
affect adjacent land use, residential enjoyment, circulation or
environmental quality. The SPA amendment to allow the construction of
left turn lane into Home Depot would improve traff~c circulation and
maintain thc overall quality of the open space area abutting the site.
Surrounding land uses and residences would not be adversely affected by
the SPA amendment request.
Conclusion
Construction of the proposed driveway and left turn lane will facilitate access onto the
Home Depot site from East "H" Street. Traffic within the Center will be slightly
improved since automobiles and delivery tracks will no longer have to enter the Center
via the Pasco Del Rey entrance. The City open space easement in the area of the
driveway will have to be significantly altered in order to accommodate the proposed
driveway. Entrance construction will require substantial grading, the construction of
retaining walls, the alteration of the existing landscaped median, and the
removaVrelocation of mature vegetation. According to the City Landscape Planner, the
Page 6, Item: ~
Meeting Date: 3/19/02
applicant has mitigated the visual impact of the proposed driveway as much as possible
by incorporating a retaining wall with planter pockets, and by heavily landscaping the
area surrounding the proposed driveway.
The Home Depot site has no direct access from East "H" Street and receives a high level
of vehicle trips. Retail establishments such as this typically have direct driveway access
to/from major streets. The new driveway and left turn lane clearly would facilitate
vehicular access to the site and reduce driving time for those frequenting this business.
Direct driveway access to the Home Depot could, however, result in some degradation of
the open space character of East "H" street near the new driveway. The City Council
should weigh the benefit of improved vehicular access to the Home Depot against the
negative impacts upon the open space character of East "H" Street.
Staff believes that the improved internal traffic circulation for the commercial center
warrants the construction of the left turn lane and associated driveway (with planned
landscape improvements), and recommends that the Council adopt the attached resolution
amending the Rancho Del Rey SPA I plan to allow the left turn lane with associated
driveway.
FISCAL IMPACT: The applicant has paid all required processing fees. The full cost
of all improvements will be the sole responsibility of the applicant.
Attachments:
Attachment A Planning Commission resolution and minutes from 1/23/02
Attachment B Traffic report
Attachment C Draft resolution and SPA language
Attachment D - Addendum to FEIR 92-02
II:IIOME\PLANNING\STEVEXP~PCM0024cc
RESOLUTION NO. PCM-OO-24
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION RECOMMENDING THAT THE CITY COUNCIL
ADOPT A RESOLUTION AMENDING THE RANCHO DEL REY
SECTIONAL PLANNING AREA (SPA) I PLAN, IN ORDER TO
ALLOW THE CONSTRUCTION OF A DOUBLE LEFT TURN LANE
WITH ASSOCIATED DRIVEWAY ON EAST "H' STREET,
PROVIDING DIRECT VEHICULAR ACCESS TO THE HOME DEPOT
STORE LOCATED WITHIN THE RANCHO DEL REY COMMERCIAL
CENTER (725 PLAZA COURT).
WHEREAS, a duly verified application for an amendment to the Rancho
del Rey Sectional Planning Area I (SPA) Plan was filed with the Planning
Department of the City ofChula Vista on April 13, 2000 the Home Depot; and,
WHEREAS, said application requests an amendment to the Rancho del Rey
SPA I Plan in order to allow the construction of a double left turn lane with associated
driveway on East "H" Street, providing direct vehicular access to the Home Depot
store located within the Rancho Del Rey Commercial Center (725 Plaza Court); and,
WHEREAS, the City's Environmental Review Coordinator has reviewed the
Project and has determined that the Project would not result in any new
environmental impacts that were not previously identified, nor would the Project
result in a substantial increase in severity in any environmental effects previously
identified in FEIR 92-02. None of the conditions requiring preparation of a
subsequent or supplemental EIR, as identified in Sections 15162 and 15163 exist;
therefore, an addendum to FEIR 92-02 was prepared in accordance with State CEQA
Guidelines Section 15164; and,
WHEREAS, the Planning Commission set the time and place for a hearing
on said amendment and notice of said hearing, together with its purpose, was given
by its publication in a newspaper of general circulation in the City as least ten days
prior to the hearing, and,
WHEREAS, the hearing was held at the time and place as advertised,
namely January 23, 2002 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue,
before the Planning Commission atld said hearing was thereafter closed; and,
WHEREAS, the Planping Commission finds that proposed SPA
amendment to allow the construttion of a left turn lane into Home Depot is in
conformance with the Chula Vista General Plan and Rancho Del Rey General
Development Plan. The left turn lane will facilitate vehicular access throughout the
Rancho Del Rey Commercial Center by diverting automobiles bound for Home
Depot directly to the Home Depot parking lot. The left turn lane would contribute to
¡-7
Attachment "A"
the overall goal of the City's G~neral Plan Transportation Element by facilitating
efficient and safe transportation. Planned landscape improvements will minimize the
project's impacts upon City open! space areas and maintain project compliance with
the Open Space Element ofthe General Plan; and,
WHEREAS, the Pl~ng Commission finds that the SPA amendment
would further promote the orderly development of the sectional planning area by
improving traffic flow throughout tile Rancho Del Rey Commercial Center; and
WHEREAS, the Planning Commission finds that the proposed SPA
amendment would not adversely! affect adjacent land use, residential enjoyment,
circl/lation or environmental quality. The SPA amendment to allow the construction
of left turn lane into Home Depot! would improve traffic circulation and maintain the
ove$ll quality of the open space: area abutting the site. Surrounding land uses and
residences would not be adversely 'affected by the SPA amendment request.
NOW, THEREFORE, Œ3E IT RESOLVED THAT FROM THE FACTS
PRESENTED AT THE HEARING, THE PLANNING COMMISSION considered
the addendum to FEIR-92-02 anid recommends that the City Council amend the
Rancho del Rey Sectional Planriing Area I (SPA) Plan, in order to allow the
construction of a new left turn l¡me and associated driveway on East "H" Street,
providing direct vehicular access to the Home Depot store located within the Rancho
Del Rey Commercial Center (725: Plaza Court), as shown in Attachment "A" to this
resolution; and,
BE IT FURTHER RESOLVED THAT a copy of this resolution be
transmitted to the City Council.
PASSED AND APPROVED BY!THE PLANNING COMMISION OF THE CITY
OF CHULA VISTA, CALIFORN]A, this 23rd day of January, 2002, by the following
vote, to-wit: '
AYES:
NOES:
ABSENT:
ABSTENTIONS:
Kevin O'Neill, Chairman
Diana Vargas, Secretary
¡.J
MINUTES OF THE
CITY PLANNING COMMISSION OF
CHULA VISTA, CALIFORNIA
Council Chambers
6:00 p.m. Public Services Building
Wednesday, January 23, 2002 276 Fourth Avenue, Chula Vista
ROLL CALL/MOTIONS TO EXCUSE:
Present: Chair O'Neill, Commissioners Castaneda, Hall, Cortes,
Thomas, McCann, Willett
Staff Present: Jim Sandoval, Assistant Director of Planning and Building
John Schmitz, Principal Planner
Steve Power, Associate Planner
Harold Phelps, Associate Planner
Mary Hofmockel, Principal Landscape Architect
Elizabeth Hull, Deputy City Attorney II
PLEDGE OF ALLEGIANCE/SILENT PRAYER
INTRODUCTORY REMARKS: Read into the record by Chair O'Neill
APPROVAL OF MINUTES: MSC (Willet~McCann) (6-0-1~0) to approve minutes of
January 9, 2002 as submitted. Motion carried.
ORAL COMMUNICATIONS: No public input.
1. PUBLIC HEARING: PCM-00-24; Adoption of a resolution amending the Rancho del
Rey Sectional Planning Area (SPA) I Plan, in order to allow the
construction of a double left turn land with associated driveway
on East "H' Street, providing direct vehicular access to the
Home Depot store located within the Rancho Del Rey
Commercial Center (725 Plaza Court).
~'!~?e~,~d~ Steve P ?.,%,er, ,Associ?,te P!alm~,r repo,'ted that the applicant (Honte Depot)
is proposing to construct a left turn lane with driveway located within the Power Center
on East 'H" Street. The provision of the Rancho Del Rey SPA I Plan limits left turn lanes
to existing ones at major entrances to the Center.
Mr. Power stated that since the Power Center was originally planned as an employment
park, the Center does not have direct access to major retail tenants as typically found in
major retail centers.
Planning Commission Minutes ~ 2 - January 23, 2002
Furthermore, Mr. Power stated that a traffic study was conducted, which indicated that
there would be an improvement in delay times surrounding the Center, specifically
where Plaza Court intersects with Paseo Del Rey. The Planning Commission should,
therefore, assess the benefit of improved traffic flow, versus the disturbance to the City
open space.
The applicant has worked closely with the Landscape Division to mitigate as much as
possible the visual impacts associated with cutting into the slope and creating a driveway
within a designated open space area.
The project would also be subject to further review of the landscape plan and wall
design by the Design Review Committee.
Staff recommendation: That the Planning Commission adopt resolution recommending
that the City Council modify the Rancho Del Rey SPA I Plan to allow the construction of
a new left turn lane with associate driveway providing direct vehicular access to Home
Depot.
Commission Discussion:
Commissioner McCann stated that the traffic study addressed weekend and weekday
p.m. peak hour traffic, however, it did not address the weekday a.m. peak hours, which
is when there would be significant impact for west-bound traffic.
Ralph Leyva, Traffic Engineer, stated that the weekday a.m. eastbound traffic going into
Home Depot would most likely be minimal because the Home Depot peak hours are
10:00 a.m. to 2:00 p.m.. With respect to westbound traffic, the proposed signal would
be coordinated with the traffic signals at Del Rey Blvd. and Paseo del Rey. The signal at
K-Mart is a "half signal", meaning it only controls traffic going westbound. Typically, the
cars that get stopped at K-Mart are the ones that have made the right or left turn from
Tierra Del Rey.
Commissioner Cortes inquired what the spacing requirement is for the distance between
!ight s]gnais~
Mr. Leyva responded that on a prime arterial road, the spacing would be 2 signals per
mile, which is approximately what currently exists on H Street. The distance between
the proposed signal and the closest existing signal is approximately 680 feet, which is
close enough so that they both can be synchronized and work concurrently.
Commissioner O'Neill stated that it appears that no consideration was given to
pedestrian traffic, specifically, the day laborers, hence the lack of a sidewalk along the
driveway, which could pose a safety issue. He also inquired if this stretch was still
Planning Commission Minutes - 3 - January 23, 2002
designated as a scenic roadway.
Mr. Power responded that the designation still exists. If the Commission were to grant
the amendment to the RDR SPA Plan, it would need to make the necessary findings and
concur that the mitigation measures with respect to landscaping, are in conformance
with the open space provisions of the General Plan.
?ubl~c Hearing Opened 6:35
John Z~ebarth, representing Home Depot, 800 W. Ivy Street, San Diego, CA 92101
stated that they endeavored to address three factors for this project, they are:
How to improve access
How to improve existing traffic circulation
How to maintain the landscape open space.
Mr. Ziebarth stated that the proposed driveway would eliminate approximately one mile
of driving for eastbound traffic under present conditions to get to Home Depot, which in
turn reduces travel time and saves congestion on the roadway system.
He further stated that their peak hour is between 10:00 to 2:00, therefore, any impacts on
westbound a.m. traffic would be negligible. Upon review of the worst-case intersection
analysis, which is Saturday at noon at Paseo Del Rey, the delay time is reduced by
approximately 15%.
Mr. Ziebarth stated that the landscaping plan calls for the removal of existing trees,
which will then be relocated in the same general area. Additionally, there will be
approximately 12 new 36" box-trees.
Public Hearing closed 7:05.
Commissioner Thomas inquired how many 15 to 20 feet trees are being removed and
relocated to a different site.
Mar!/Hofmrmkel. I at~dscape Amhitect ms,r~ot~ded that a lotal of a,r~proximately 67 trees
that will be removed (11 trees in the median, 37 in the parkway and open space slopes,
and 19 in the parking lot). Because of their size and maturity, these trees will most likely
not be able to be relocated because their survivability is minimal. There will be a total of
26 trees replaced. The applicant agreed to replace within the open space areas the
remainder of the trees that were removed.
Ms. Hofmockel further stated that planting large trees is not cost effective and, in fact, a
younger tree grows faster.
Planning Commission Minutes - 4 - January 23, 2002
Commissioner O'Neill stated that, in his opinion, the traffic impacts on H Street have
been underestimated. He further stated that he could support this project irrespective of
the landscaping issues and the lack a pedestrian walkway along the driveway, which can
be addressed with minor effort. However, he believes that the timing for this project is
not right because it should not precede any of the future road improvements, irrespective
of SR-125, that will improve and give quicker access to westbound traffic going on to I-
805.
Commissioner Castaneda expressed concern with the 250 foot stacking/deceleration
lane on H Street, running into an uphill 180 foot stacking within the parking lot. He
further stated that he would like to see enhanced signage that clearly depicts access
leading to Home Depot.
Commissioner Willett stated that he observed a heavy semi-trucks having difficulty
maneuvering the turn (egress and ingress).
MSC (Hall/Willett) (6-1) that the Planning Commission adopt resolution recommending
that the City Council modify the Rancho del Rey SPA I Plan to allow the construction
of a dual left turn lane with associated driveway on East H Street providing direct
vehicular access to Home Depot store located within the Rancho Del Rey Commercial
Center. The Planning Commission approved the Addendum to the Environmental
Impact Report and directs staff to work with applicant to:
Develop appropriate roadway signage clearly ~ndicating access to Home Depot.
Consider the installation of a pedestrian sidewalk along the driveway, and
[] Develop a landscaping plan which mitigates as much as possible the impacts of the
trees and vegetation that will be removed, utilizing as much mature vegetation as
possible.
Motion carried, w~th Commissioner O'Neill voting against the project.
June 11,2001
Mr. John Ziebarth, AIA
Ziebarth Associates
800 W. Ivy Street - Suite E
San Diego, California 92101
Subject: Chula Vista Home Depot - Site Access
Dear Mr. ZiebarLh,
As requested by the City of Chula Vista, we have updated our analysis of the
proposal to add an additional access driveway to the existing Home Depot site. The
update consists of new traffic counts (2/01) and related Level of Service (LOS)
calculations. The following is a summary ofthe analysis and findings:
PROPOSAL:
A new driveway to access the existing Home Depot site is proposed on East H
Street, west of Paseo Del Rey, and will consist of dual right-turn lanes exiting the site,
and dual leff-turn lanes (eastbound) and a single right-turn lane (westbound)
entering the site (see figures 1 and 1.1). The new driveway will be signalized and
coordinated with eastbound "left-turn" and southbound "through" phases of the
existing signal at the East H Street &Paseo Del Rey intersection.
EXISTING CONDITIONS:
Traffic counts were performed at the intersections of Paseo Del Rey & Plaza Court
and Paseo Del Rey & East H Street (see figure 2). The resulting LOS calculations
are as follows:
I~ntersection ~ Saturday Noon peak Weekday PM peak
t
LOS DELAY LOS DELAY
1 East H & Paseo _Del_~y_ D (49.9 sec/veh) D (42.1 sec/veh)
~ ~e~ ~ ~ Plaza C~. i C (28.0 sec/veh) _~_ (23.9 sec/veh)
,, Delay shown above is average delay per vehicle
PROPOSED CONDITIONS:
To distribute traffic to the proposed new driveway, it was assumed that the following
percentages of the existing traffic entering and exiting the Home Depot site will use
the new driveway:
Attachment "B"
o Page 2
June 11,2001
90% of the e/b East H St. traffic entering the site.
90% of the s/b Paseo Del Rey to w/b East H St. traffic exiting the site.
30% of the w/b East H St. traffic entering the site.
Please refer to figure 3 for the resulting turn volumes. The resulting LOS calculations
are as follows:
~terse~ction ~Sat. N--ooon Peak Improv~ement P~-Peak I~pro~ement
~ LOS Delay__ (Dela_~_y}~ LOS Dela__y _ (Delay)
East H/Paseo D (43.1) -6.8 sec/veh ~ (41.4) 0.7 sec/--veh --
De~l Rey~
Paseo Del C (21.6) 6.4 sec/veh C-~21.4) 2.~h -
Rey/Plaza Ct.
East H/New' ~- (~ 9.2) N/A B (~16.1) N-~-
Driveway
· Improvemen (Delay) shown above are reductions in average d~lay p--~-r vehi~e
with the new driveway operating compared to existing conditions.
YEAR 2015 ANALYSIS:
Consultation with City of Chula Vista staff regarding the future projected volumes on
East H Street has revealed that future volumes will be reduced due to the projected
construction of regional transpodation facilities in the area. Specifically, the major
transpodation facilities consist of the construction of Olympic Parkway and SR-125.
The addition of these facilities is projected to decrease the average daily traffic
volumes on East H Street adjacent to the project site from an existing 44,500
vehicles/day to 32,000 vehicles/day.
Because of these projections, no detailed analysis was performed for the year 2015
conditions.
SIGHT DISTANCE:
Field measurements confirm that the existing roadway (East H Street) at the location
of the proposed driveway is constructed with a 55 MPH stopping sight distance.
This sight distance standard shall be retained with the addition of the proposed
improvements involved with the constn ~ction of the new driveway. This may involve
moving, removin9 and/or trimming of the existing parkway and median landscaping.
cONCLUSION:
In conclusion, our analysis shows that the addition of this proposed access driveway
will improve operations and decrease the average delay of vehicles during the peak
traffic hours at the adjacent signalized intersections. The addition of a signal on East
o Page 3 June 11, 2001
H Street at the proposed new driveway can be accomplished with minimal impacts
to East H Street traffic with interconnect and coordination of phasing with the Paseo
Del Rey and the Del Rey Boulevard traffic signals on East H Street. Eastbound left
turn storage will be adequately accommodated with a total of 450' of storage in the
proposed dual left turn lanes with. 55-MPH stopping sight distance needs to be
maintained throughout the project area with the addition of the related
improvements. Detailed designs will need to address sight distance and related
landscape improvements.
Please feel free to call me with questions on any of the above.
Sincerely, ~
17300b'a~crepo~t 1 rev
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ADOPTING A RESOL1iJTION AMENDING THE RANCHO DEL
REY SECTIONAL PLANNING AREA (SPA) I PLAN, IN ORDER TO
ALLOW THE CONSTRUCTION OF A DOUBLE LEFT TURN LANE
WITH ASSOCIATED DRIVEWAY ON EAST "H' STREET,
PROVIDING DIRECT VEHICULAR ACCESS TO THE HOME DEPOT
STORE LOCATED WITHIN THE RANCHO DEL REY COMMERCIAL
CENTER (725 PLAZA COURT).
WHEREAS, a duly verified application for an amendment to the Rancho
del Rey Sectional Planning Area I (SPA) Plan was filed with the Planning
Department of the City ofChula Vista on April 13, 2000 by the Home Depot; and,
WHEREAS, said applic~tion requests an amendment to the Rancho del Rey
SPA I Plan in order to allow the cdnstruction of a double left turn lane with associated
driveway on East "H" Street, projviding direct vehicular access to the Home Depot
store located within the Rancho D~l Rey Commercial Center (725 Plaza Court); and,
WHEREAS, the EnvirOl)mental Coordinator has reviewed the proposed
project for compliance with the; California Environmental Quality Act and has
determined that the project was cQvered in previously adopted Environmental Impact
Report FEIR-92-02. The Enviror\m.ental Review Coordinator has determined that
only minor technical changes or ¡tdditions to this document are necessary and that
none of the conditions described lin Section 15162 of the State CEQA Guidelines
calling for the preparation of a sjlbsequent document have occurred; therefore, the
Environmental Review Coordinatör has prepared an addendum to this document, IS-
00-10; and,
WHEREAS, the City Cejuncil set the time and place for a hearing on said
amendment and notice of said he~ring, together with its purpose, was given by its
publication in a newspaper of gen~ral circulation in the City as least ten days prior to
the hearing, and,
WHEREAS, the hearin'g was held at the time and place as advertised,
namely March 19, 2002 at 7:00 p.m. in the Council Chambers, 276 Fourth Avenue,
before the City Council and said h~aring was thereafter closed; and,
NOW THEREFORE, ~e it resolved that the City Council does hereby in
accordance with Section 19.48.100 of the Zoning Code, make the findings listed below in
modifying the Rancho Del Rey SPA 1 .Plan:
A.
The proposed sectional planning area plan is in conformity with the
general development pl(m of the P-C zone, any adopted specific plans, and
the Chula Vista Genera~ Plan and its several elements.
F -/fp
Attachment "c"
The proposed SP A am~ndment to allow the construction of a left turn lane
into Home Depot is in fonformance with the Chula Vista General Plan and
Rancho Del Rey Ge~eral Development Plan. The left turn lane will
facilitate vehicular ac ess throughout the Rancho Del Rey Commercial
Center by diverting a tomobiles bound for Home Depot directly to the
Home Depot parking I t. The left turn lane would contribute to the overall
goal of the City's G¡eral Plan Transportation Element by facilitating
efficient and safe tr sportation. Planned landscape improvements will
minimize the project's impacts upon City open space areas and maintain
project compliance wit the Open Space Element of the General Plan.
I
The proposed section~l planning area plan would promote the orderly,
sequentialized developtrzent of the involved sectional planning area.
I
The SP A amendmen~OUld further promote the orderly development of
the sectional plannin area by improving traffic flow throughout the
Rancho Del Rey Co ercial Center.
I
The proposed sectionql planning area plan would not adversely affect
adjacent land use, re~idential enjoyment, circulation, or environmental
quality. i
I
The proposed SPA Jndment would not adversely affect adjacent land
use, residential enjoym nt, circulation or environmental quality. The SPA
amendment to allow t e construction of left turn lane into Home Depot
would improve traffic irculation and maintain the overall quality of the
open space area abuttihg the site. Surrounding land uses and residences
would not be adverselyi affected by the SPA amendment request, and.
I
I
NOW, THEREFORE, IBE IT FURTHER RESOLVED THAT the City
Council considered the addend~ to FEIR-92-02 and amends the Rancho del Rey
Sectional Planning Area I (SP A) ~lan, in order to allow the construction of a new left
turn lane and associated drivew~'y on East "H" Street, providing direct vehicular
access to the Home Depot store located within the Rancho Del Rey Commercial
Center (725 Plaza Court), as show in Attachment "A" to this resolution; and,
I
B.
C.
E-!?
BE IT FURTHER RE OLVED THAT a copy of this resolution be
transmitted to the City Clerk.
Presented by,
Robert A. Leiter,
Director of Planning and Building
Approved as to form by,
John Kaheny,
City Attorney
I
l"cd
spirit and intent of the Zoni g Code Ordinance. It is intended that the Business
Center include an Emplo ent Park component and a Commercial Center
component. The commer ial in this area may be designated for major
commercial uses with separ te development standards and issues listed above
and promote high quality co mercial development.
2.
Permitted uses shall consi only of those uses which are compatible with
residential areas. Such use shall be determined upon submission of the first
SPA or sub-area plan whic proposes any development of the Employment
Park. Sufficient landscape or other buffers shall be provided between the
Business Center area and al other land uses. The rear exposure to residential
areas shall receive special c nsideration.
Typically, uses acceptable in the Employment Park would be office and
service commercial, resear h and development and some light manufacturing
in low-rise buildings. Such ses require a minimum of heavy truck traffic and
generally do not produce n isance noise, odors, vibrations or negative visual
impacts which create confli ts with neighboring land uses. Limited retail
and food service com ercial uses for the convenience of employees
would also be permitted.
Uses within the separate ommercial Center area could typically include
large discount/entertai ent retailers and complementary
recreation/entertainment, ervice and support retail commercial facilities.
Such uses shall be required 0 meet performance standards for operation and
design to avoid impacts to n ighboring land uses.
3.
Setbacks along East "H" Street shall be of sufficient width to permit
substantial landscaped areas along the street to preserve the scenic qualities
of East "H" Street, a sc nic highway in the Scenic Highways Element of
the General Plan.
4.
5.
Parking areas
landscaping.
6.
by buildings, walls and
Major signing shall be limi ed to monument and wall signs in the Business
Center, the sizes of which shall be determined as a part of the SPA plan
review process. Signing s andards and guidelines for property within the
Þ../1
Business Center shall also be adopted in the SPA approval process, which
shall be supplemented by D sign Guidelines.
p,.,¿o
ADDENDUM TO FINAL SEIR-92-02
(SEIR for Rancho Del Re), Commercial Center)
Home Depot Commercial Driveway and Traffic Signal
PROJECT NAME: Home Depot
PROJECT LOCATION: 725 Plaza Court
PROJECT APPLICANT: Home Depot
PROJECT AGENT: Ziebarth Associates, lnc
CASE NO.: IS-00-10 DATE: January 18, 2002
1. INTRODUCTION
Section 15164 of the State CEQA Guidelines allow an addendum to an Environmental Impact
Report (EI R) to be prepared if one of the following conditions is present:
I If some changes or additions are necessary but none of the conditions described in Section 15162
calling for the preparation of a subsequent EIR have occurred.
2. Additional or refined information available following completion of the Environmental Impact
Report regarding the potential enviromnental impact of the project, or regarding the mitigation
measures or alternatives available to mitigate potential environmental effects of the project, does
not show that the project will have one or more significant impacts which were not previously
addressed in the Environmental Impact Report.
This addendum has been prepared to specifically provide additional information and analysis
concerning potential impacts resulting from:
a. The pr°posed construction ora new access driveway (including a left~turn pocket) from East H
Street to the existing Home Depot site; and
b. The installation of a new traffic signal at the East H Street/access driveway intersection.
The Rancho Del Rey Final Supplemental Environmental Impact Report (SEIR-92-02~ cct~i fled ol~
i~o vcinb~:~ 16, i 992 aaalyzcd thc impact of developing the property as a mixed-use commereial
center to include major retailers in addition to complementary recreation/entertainment/retail
commercial uses and smaller retail uses (Exhibit A - Locator Map). The analysis addressed three
major anchor stores (Home Depot, K-MART, and Price Club) that were considered for construction
on the project site. Subsequently, the Design Review Committee (DRC) approved the design of
Home Depot and the project was deemed ministerial and exempt from further CEQA review.
Attachment D
This addendum focuses on the potential impacts to the environment that would result from
constructing the proposed driveway and traffic signal. The proposed driveway would service the
existing Home Depot located at the northwest comer of East H Street and Paseo Del Rey (725 Plaza
Court), which is currently accessed via a single street com~ection with Plaza Court at the northern
temfinus of Paseo Del Rey. The proposed driveway will provide direct access for both eastbound
and Westbound East H Street traffic and will be limited to a right-turn only exit.
As a result of this analysis, the basic conclusions of the Final SEIR have not changed. Impacts
resulting from the construction of the driveway, and installation of a traffic signal, are found to be
less than significant. This addendum has been prepared pursuant to the requirements of Section
15164 of the State CEQA Guidelines. The proposed project does not constitute a substantial change
to the previously approved project, nor would there be a substantial change in circumstances under
which the project was constructed, and no new inforruation of substantial importance has been
presented. The proposed project would not result in any envirorunental effects that were not
considered in SEIR 92-02, nor would the project increase the severity of any of the impacts
identified in SEIR 92-02.
I1. PROJECT DESCRIPTION
The project consists of constructing an additional access driveway to the Home Depot site and the
installation of a traffic signal at the East H Street/access driveway intersection (Exhibit B - Site
Plan). The driveway will be located on East H Street, west of Paseo Del Rey, and will consist of
dual right-turn lanes exiting the site (southbound), dual eastbound left-turn lanes, and a single
westbound right-turn lane entering the site. The new driveway will be signalized and coordinated
with eastbound "left-turn" and southbound lanes at the existing East H StreetA?aseo Del Rey.
Discretionary actions required to approve the project include:
1. Design Review Committee approval of the driveway/crib wall encroachment into the open
space/landscape buffer; and
2. City Council approval of a Rancho Del Rey Specific Plan Amendment to include a graphic
showing the driveway axed intersection.
PROJECT SETTING
The l 3.46-sere'Home Depot site is part of the Rancho Del Rey Commercial Center approved by the
City Council on November 24, 1992. The Home Depot site is located in the western portion of the
cormnercial center. Access to the site is provided at Plaza Court, a cul-de-sac street off of Pasco Del
Rey north of its intersection with East lq Street. The site is bounded by East H Street, open space to
the south, open space and medium density residential to the north; commercial land uses to the east,
and open space to the west.
IV. COMPATIBILITY WITH ZONING AND PLANS
The present zoning designation for the 13.46 acre Home Depot site is C (Planned Community -
Commercial) and the General Plan designates the site as Retail Commercial. The project conforms
to the existing zoning and General PIan designation and to the Rancho Del Rey Planned Comnnnfity
District Regulations.
IDENTIFICATION OF ENVIRONMENTAL EFFECTS
1. Transportation/Circulation
The City ofChula Vista's ThresholcVStandards Policy requires that all intersections must operate
at a Level of Service (LOS) "C" or better, with the exception that LOS "D" may occur during the
peak P,vo hours of the day at signalized intersections. No intersection may reach a LOS "E" or
"F" during the average weekday peak hour. Intersections of arterials with freeway ramps are
exempted from this City policy. The proposed project will not generate any additional trips.
Based on a traffic analysis prepared by RCE Traffic and Transportation Engineering, dated June
11,200I, the City of Chula Vista Traffic Division Section has determined that the proposed
project will improve traffic and circulation, and reduce delays at the East H Street/Paseo Del Rey
Boulevard intersection. The traffic analysis concludes that the addition of this proposed access
driveway would improve operations and provide additional capacity for development in the area
at the existing signalized intersections. The addition ora signal on East H Street at the proposed
driveway can be accomplished with Iess than significant impacts to westbound traffic by
synchronizing this signal with the rest of the signals on the East H Street corridor. Eastbound
left turns carl be accommodated with 450 feet of left-turn storage and standard deceleration lane
lengths. Westbound right turns will be provided with an exclusive right-turn lane with standard
deceleration lane lengths.
2. Aesthetics
The proposed project will disturb the existing manufactured slopes on the north side of East H
Street. These slopes contain mature trees and are part of the East H Street scenic corridor.
Construction of the new entrance includes the removal of 2,425 sq.ft, of slope area, including 15
trees from the parking lot, 17 trees in the open space slope, 11 street median trees, and 22 street
trees. Existing trees impacted by the proposed project with be replaced either on-site or off-site
within the Rancho Del Rey maintenance district. Any off-site tree planting and landscape
i~,~pr w~:~:~,~,_; will b,: c~::icd o~t ~t fl~c ow~c~ 's expense, i'hc Public Works Department Open
Space Division shall approve the off-site plantings. Alternatively, the applicant may deposit the
cost of the off-site planting in the Public Works Department landscaping fund. If this alternative
is selected, the Public Works Department ',';,ill implement the planting program as part of the
City's annual landscaping program. All off-site trees, slope planting, and irrigation is subject to
review and approval by the City's Open Space Coordinator.
Page 3
A landscape plan for the project will be prepared and considered as a pm1 of the Design Review
Committee (DRC) process. This process will ensure that the landscape plan that the proposed
planting complements the surrounding vegetation and minimizes the aesthetics impacts of the
proposed project. The design review process will also help ensure that the proposed driveway
complements and enhances the surrounding existing development. As part of the site
plan/design review, retaining walls will be designed to complement the existing landscaping in
the existing slope areas.
VI. CONCLUSION
Impacts related to the proposed construction of the access driveway as a secondary entrance to the
existing Home Depot are found to be less than significant and are in conformance to all City
requirements regarding fire, building, engineering and compliance with the necessary permitting
process from other governmental agencies as applicable.
Pursuant to Section 15164 of the State CEQA Guidelines and based upon the above discussion, I
hereby find that the project revisions to the proposed project will result in only minor technical
changes or additions, which are necessary to make the Final SEIR adequate under CEQA.
Environmental Review Coordinator
REFERENCES
Chula Vista General Plan (1989)
Title 19, Chula Vista Municipal Code
City of Chula Vista Environmental Review Procedures
Traffic Analysis, R CE Traffic and Transportation Engineering (December 5, 1997)
Limited Geotechnical Investigation Report, Kleinfelder (January 22, 1999)
Proposed H Street Driveway Retaining Walls Letter, Kleinfelder (February 2, 1999)
Land Use lm,entory
CONSULTATION
Maied Al-Ghafiy, Civil Engineer, D'qffic Engineering
Mary B. Hofinockel, Landscape Architect
Gary Williams, Landscape Planner
Doug Perry, Fire Marshal
Beverly Blessent, Senior Planner, Current Planning
Brad Remp, Assistant Director/Building Official
Otay Water District
Page 4
Case No.IS-00-10
ENVIRONMENTAL CHECKLIST FORM
1~ Na~ne of P~'op~nent: Home Depot
2. Lead Agency Name and Address: City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
3. Addresses and Phone Number of Proponent: Ziebarth Associates, Inc.
800 W. Ivy Street, Ste. E
San Diego, CA 92101
4~ Name of Proposal: Home Depot Driveway and Traffic Signal
5. Date of Checklist: January 18, 2002
LAND USE AND PLANNING. Would the
proposal:
a) Conflict with general plan designation or [] [] [] []
zoning?
b) Conflict with applicable environmental plans or [] [] [] []
policies adopted by agencies with jurisdiction
over the prqject?
c) Affect agricultural resources or operations [] [] [] []
(e.g., impacts to soils or farmlands, or impacts
from incompatible land uses)?
d) Disrupt or divide the physical arrangement of [] [] [] []
an established community (including a low-
income or minority community)?
Comments: The 13.46-acre Home Depot site is located in the western portion of the Rancho Del Rey
Commercial Center. Access to the site is provided at Plaza Court, a cul-de-sac street offofPaseo Del Rey
north of its intersection with East H Sweet. The Home Depot site is bounded by East H Street to the south,
open space and medium density residential to the north, commercial land uses to the east, and open space
to the west.
Home Depot proposes to construct a secondary access driveway from East H Street, and a traffic signal
at the driveway intersection, to serve the existing facility.. Home Depot was approved by the City
Council on November 24, 1992, and constructed in conformance with the Retail Commercial General
Plan designation and the Planned Community-Commercial (C) Zoning designation. The proposed
development will require a Rancho Del Rey SPA 1 Plan Amendment to revise text and graphics to
describe and illustrate the new entrance from East H Street.
No land use impacts or conflicts are anticipated. There are no agricultural uses on the site. The
driveway would not disrupt or divide the physical arrangement of an established community. No
significant impacts would occur.
Mitigation: No mitigation measures are required.
II. POPULATION AND HOUSING. Would the Potentially
proposal: Signilicam Unless Significant No
a) Cumulatively exceed official regional or local [] [] [] []
population projections?
b) Induce substantial growth in an area either [] [] ~ []
directly or indirectly (e.g., through projects in
an undeveloped area or extension of major
infrastructure)?
c) Displace existing housing, especially affordable tn [] [] []
housing?
Comments: The project consists of a secondary access driveway and traffic signal for an existing
commercial facility. No housing would be displaced by the proposed construction of the new Home
Depot entrance. Construction of the driveway is consistent with the General Plan and would not exceed
the regional or local population projections.
Mitigation: No mitigation measures are required.
III. GEOPHYSICAL. Would the proposal result in or Potentially
expose people to potential impacts involviag : s~g~a~., units significant No
a) Unsta~te earth conditious or changes in [] [] [] []
geologic substructures?
b) Disruptions, displacements, compaction or n [] [] ~
overcovering of the soil?
c) Change in topography or ground surface relief [] [] [] ;~
features?
d) The destruction, covering or modification of [] [] ~ []
any unique geologic or physical features?
/?
2
e) Any increase in wind or water erosion of soils, [] [] []
either on or off the site?
f) Changes in deposition or erosion of beach ~ o [] []
sands, or changes in siltation, deposition or
erosion, which may modif3, the channel of a
river or stream or the bed of the ocean or any
bay inlet or lake?
g) Exposure of people or property to geologic [~ [] [] []
hazards such as earthquakes, landslides,
mudslides, ground failure, or similar hazards?
Comments: The Home Depot site is fully graded and developed. Grading to construct the driveway
across the landscaped slope on East H Street would involve 4,800 cu.yds, of cut material and 42 cu.yds
of fill. The excess material would be exported to a City approved site. Retaining walls would be
constructed along both sides of the driveway. The east wall would be 170 feet long and the west wall
would be 140 feet long. The maximum height of the walls would be 15 feet.
A Limited Geotechnical Investigation Report prepared by Kleinfelder, Inc., dated January 22, 1999, and
a supplemental letter for the proposed retaining walls, dated February 2, 1999, indicates that the site is
suitable for the proposed driveway. Compliance with the report reconunendations will ensure that no
geologic or soil impacts will occur. No adverse geophysical impacts are expected.
Short-term erosion of the cut and fill slopes and sedimentation in the downstream storm drain system
would be reduced to a less than significant level through the implementation of Best Management
Practices (BMPs) as specified in the grading and improvement plans. The BMP requirements include:
1. Catch basin filters shall be installed to prevent trash and silt from entering the storm dram system.
2. Catch basin filters shall be maintained and inspected as scheduled by the City of Chula Vista
Engineering Department.
3. Temporary desilting and erosion control devices shall be install to control short-term erosion.
All grading operations will be performed in compliance with the City of Chula Vista Gradthg Ordinance
(Ordinance 1797, as amended).
Potential long-term erosion impacts would be reduced to a less than significant level through the planting
and irrigation of slopes as required by the Chun Vista Landscape Manual and Grading Ordinance 1797, as
amended by Ordinance 1877. Landscaping will be installed as shovm on the Conceptual Landscape Plan
as approved by the City Landscape Architect. Grading and planting will be accomplished prior to October
1; should grading occur beP0veen October 1 and April 1, planting must be installed immediately following
the completion of grading.
~ii,Sga6~n: :'~o mttgatton measures are required because the BMPs would reduce impacts to a less than
significant level.
IV. WATER. Would the proposal result in: Potentially
a) Changes in absorption rates, drainage patterns, r0 in o []
or the rate and amount of surface runoff?
b) Exposure of people or property to water [] [] ~ []
related hazards such as flooding or tidal
waves? / ?
3
c) Discharge into surface waters or other
alteration of surface water quality (e.g.,
temperature, dissolved oxygen or turbidity)?
d) Changes in the amount of surface water in any
water body?
e) Changes in currents, or the course of direction
of water movements, in either marine or fresh
waters?
f) Change in the quantity of ground waters, either
through direct additions or withdrawals, or
through interception of an aquifer by cuts or
excavations?
g) Altered direction or rate of flow of [] [] [] []
groundwater?
h) Impacts to groundwater quality? [] [] [] []
i) Alterations to the course or flow of [] [] [] []
floodwaters?
j) Substantial reduction in the amount of water [] [] [] []
otherwise available for public water supplies?
Comments: The geotechnical report states that groundwater was not observed in the borings that
extended to 23.5 feet below the surface. The proposed driveway would result in a negligible increase in
the rate of surface runoff from the project site. Construction of the driveway will remove a portion of
the existing brow ditch along the top of the slope above East H Street. Runoff will be redirected to new
catch basins and storm drains installed along the top and both sides of the driveway. The City Engineer
wilI require that the final driveway design prevent surface runoff from entering traffic lanes or the
sidewalks on East H Street. The City Engineer has determined that the proposed drainage system is
adequate to serve the proposed project. No significant impacts to water resources have been identified.
A National Pollutant Discharge Elimination System (NPDES) General Permit Storm Water Pollution Plan
(SWPP) is not required by Chula Vista Municipal Code (Section 14.20) because the project will result in
soils disturbance of less than five acres. However, the code requires the implementation of Best
Management Practices to prevent pollution of storm drain facilities during and after construction.
Construction of the driveway would result in a negligible increase in surface water run-off. A standard
Engineering Department condition of approval requires drainage improvements to be included on the first
submittal of grading/improvement plans that identifies the method to be used to convey on-site surface
water.
Mitigation: No mitigation measures are required.
Vo ' AIR QUALITY. Would the proposal:
a) Violate any air quality standard or contribute to t~ ri [] []
an existing or projected air quality violation?
b) Expose sensitive receptors to pollutants? [] [] [] []
/9
4
c) Alter air movement, moisture, or temperature, [] [] [] []
or cause any change in climate, either locally
or regionally?
d) Create objectionable odors? [] [] [] []
e) Create a substantial increase in stationary or [] c~ ~ []
non-stationary sources of air emissions or the
deterioration of ambient air quality?
Comments: Short-term construction grading emissions and dust would be reduced to a less than
sigmificant level through the implementation of the following grading permit requirements:
1· All unpaved construction areas shall be sprinkled with water or other acceptable dust control
agents dunng dust-generating activities to reduce dust emissions. Additional watering or dust
control agents shall be applied during dry weather or windy days until dust emissions are not
visible·
2. Trucks hauling dirt and debris shall be properly covered to reduce windblown dust and spills·
3. A 20-mile-per-hour speed limit on unpaved surfaces in connection with the project shall be
enforced.
4. On dry days, dirt and debris spilled onto paved surfaces shall be swept up immediately to reduce
re-suspension of particulate matter caused by vehicle movement. Approach routes to construction
sites shall be cleaned daily of construction-related dirt in dry weather.
5. On-site stockpiles of excavated material shall be covered or watered.
Disturbed areas shall be hydroseeded, landscaped, or developed as quickly as possible and as
directed by the City to reduce dust generation.
7. Heavy-duty construction equipment with modified combustion/fuel injection systems for
emissions control shall be utilized during grading and construction activities. Catalytic reduction
fbr gasoline-powered equipment shall be used. Also, construction equipment shall be equipped
with prechamber diesel engines (or equivalent) together with proper maintenance.
Dust control during grading operations would be regulated in accordance with the rules and regulations of
the San Diego Air Pollution Control District (APCD).
The proposed driveway is consistent with the General Plan designation that was used as the develop~nent
intensity for the Regional Air Quality Model. Thus, traffic emissions are consistent with the assumptions
of the air quality model and emission projections. No sensitive receptors are located in the adjacent
areas. No significant impacts are expected to result.
Mitigation: No mitigation measures are required because the project requirements listed above would
reduce impacts to a less than sigoificant level.
VI. TRANSPORTATION/CIRCULATION. Would Pot entially
· a)Increased vehicle trips or traffic congestion? [] [] c~ []
b) Hazards to safety from design features (e.g., [] [] tn []
sharp curves or dangerous intersections) or
incompatible uses (e.g., farm equipment)?
c) Inadequate emergency access or access to [] [2 [] []
nearby uses?
d) Insufficient parking capacity on-site or oft~site? [] [] [] ~
5
e) Hazards or barriers for pedestrians or [] [] [] []
bicyclists?
_~) Conflicts with adopted policies supporting [] [] [] ~a
alternative transportation (e.g2 bus turnouts,
bicycle racks)?
g) Rail, waterborne or air traffic impacts? [] ~ tn []
h) A "large project" under the Congestion [] [] [] ~a
Management Program? (An equivalent of 2400
or more average daily vehicle trips or 200 or
more peak-hour vehicle trips.)
Comments: The Rancho Del Rey SPA 1 Plan requires that additional traffic analyses he conducted if
additional entries into the commercial center are proposed. The conclusions of the traffic analysis
prepared for the proposed driveway are:
1, The East H Street/Paseo Del Ray intersection would remain at LOS D during the Saturday noon
peak-horn and weekday PM peak-hour, and there would be an improvement in overall
intersection delay times.
2. 1"he Plaza CourffPaseo Del Rey intersection would remain at LOS C during the Saturday noon
peak-hour and weekday PM peak-hour, and there would be an improvement in overall
intersection delay times.
3. The new driveway access to the ttome depot site will operate at LOS B during the Saturday noon
and weekday PM peak hours.
4, Future traffic volumes on East It Street will be reduced from 44,500 ADT to 32,000 ADT due to
the projected construction of regional transportation facilities in the area.
The City of Chula Vista Traffic Division has determined that the proposed new driveway will improve
traffic and circulation, and reduce delays at the impacted East H Street/Paseo Del Rey Blvd. intersection.
The traffic analysis concludes that the addition of this proposed access driveway would improve
operations and provide additional capacity for development in the area at the existing signalized
intersections. The addition of a signal on East Irt Street at the proposed driveway can be accomplished
with minimal impacts to westbound traffic. The City Traffic Engineering Division has indicated the
addition of the signal will not result in an impact because it will be intercormected and synchronized with
other signals on East H Street. Dual eastbound left tums would be installed with 450 feet of left turn
storage. A single-lane westbound right-turn lane into the site will be provided with a standard
deceleration length. Dual right-turn lanes exiting the site will be provided.
The project is consistent with the criteria established in the City's Transportation Phasing Plan and
General Plan Tr3ffic l~¢lemep, t. St~orr te~:,~ efikcts ,,vould consist of construction trucks required to
construct the facility. No significant transportation impacts would result.
Mitlga}ion: No mitigation measures are required.
VtL BIOLOGICAL RESOURCES. Would the vo,..~*.uy
Potentially Signdficant Less than
proposal result in impacts to: s~.i~ u,a~ s~m~t ~o
Impact Mitigated ranpacl Impact
a) Endangered, sensitive species, species of [] [] [] tn
concern or species that are candidates for
listing?
6
b) Locally designated species (e.g., heritage [] [] [] []
trees)?
c) Locally designated natural communities (e.g., [] [] [~ []
oak forest, coastal habitat, etc.)?
d) Wetland habitat (e.g., marsh, riparian and [] r2 [] []
vernal pool)?
e) Wildlife dispersal or migration corridors? [] [] [] []
f) Affect regional habitat preservation planning [] [] [] []
efforts?
Comments: The project site and surrounding developed areas are located in a fully urbanized
conununity and contain no native habitats. The site has been fully developed with a commercial
building, paving, and landscape areas. The proposed driveway will bisect the landscaped manufactured
slope along East H Street. No animals or plant species listed as rare, threatened or endangered by local,
State or Federal resource conservation and regulatory agencies are known to be present in this highly
disturbed site. No significant impacts to biological resources are anticipated.
Mitigation: No mitigation measures are required.
grill. ENERGY AND MINERAL RESOURCES. Potentially
Would the proposal: Significant Unless Significant No
a) Conflict with adopted energy conservation [] [] [] []
plans?
b) Use non-renewable resources in a wasteful and [] [] [] []
inefficient manner?
c) If the site is designated for mineral resource [] [] [] []
protection, will this project impact this
protection?
Comments: The proposed driveway does not require the use of energy. The proposed signal will be
equipped with a red LED 9 to 25-watt lamp in order to save energy and reduce CO2 emissions. The
proposed project does not conflict with the recently adopted CO2 Reduction Plan. The site does not
contain any known mineral resources. No significant impacts would occur.
Mitigation: No mitigation measures are required.
IX. HAZARDS. Would the proposal involve: Potentially Significant Less lhan
a) A risk of accidental explosion or release of [] [] [] []
hazardous substances (including, but not
limited to: petroleum products, pesticides,
chemicals or radiation)?
b) Possible interference with an emergency r~ [] [] []
response plan or emergency evacuation plan?
c) The creation of any health hazard or potential [] [] [] []
health hazard'?
7
d) Exposure of people to existing sources of [] [] [] []
potential health hazards?
e) Increased fire hazard in areas with flammable r2 [] [] []
brash, grass, or trees?
Comments: The proposed project would not involve the use or sale of hazardous substances. No
impacts related to hazards or hazardous substances are anticipated, nor would it interfere with emergency
response or evacuation plans. No known health or fire hazards would result from the new driveway. No
impacts are anticipated from construction and operation of the facility. No significa~nt impacts are
expected.
Mitigation: No mitigation measures are required.
Potentially
X. NOISE. Would the proposal result in: S~nifi=n, L'nle&s Sigifilicant No
a) Increases in existing noise levels? u [] [] []
b) Exposure of people to severe noise levels? [] [] [] []
Comments: Noise impacts would occur during the construct/on period; however, these noises are
considered to be less than significant due to their short-term nature and the intermittent periods of noise
generation. Grading operations would occur between 7:00 a.m. and 5:00 p.m. Monday through Friday.
Construction noise is exempt from the provisions of the City noise ordinance (see Municipal Code section
19.68.060). Consequently, noise associated with the grading operation would be regulated by conditions
included in the approved grading permit.
Mitigation: No mit/ration measures are required.
XI. PUBLIC SERVICES. Would the proposal have Voten6*Uy
an effect upon, or result th a need for flew or Slgnm~ant Uifi~s Significant No
altered government services in any of the following ~Pa~ Mitigated impact Impact
areas:
a) Fire protection? tn ~ [] ~
b) Police protection? [] [] [] []
c) Schools? [] r3 1~ []
d) Maintenance of public facilities, including [] [2 [] []
roads?
e) Other governmental services" 5~ t~ 12 ~
Comments: No new or altered governmental services will be required to serve the project. Fire and
police protection can be adequately provided to the site. Maintenance of the new traffic signal would
result in negligible impacts to public services. No significant impacts would occur as a result of the
proposed project.
Mitigation: No mitigation measures are required.
XIIo Thresholds. Will the proposal adversely impact the Potentially
City's Threshold Standards ? ~ot~r~us sig~sa~, ~ t~
8
As described below, the proposed prc~iect does not adversely impact any of the seven Threshold
Standards.
a) Fire/EMS [] [] [] ~
The lt.,, s Threshold Standards requires that fire and medical units must be able to respond to
calls within 7 minutes or less in 85% of the cases and within 5 minutes or less in 75% of the
cases.
Comments: According to the Fire Department, the proposed driveway and traffic signal will not impact
the current level of service. The City of Chula Vista has indicated that this threshold standard will be
met, sinc~ Fire Station #4 is approximately 1.5 miles away and would be associated with a 2-3-minute
response time. The proposed project will comply w ....
~th the C~ty s Fire Threshold Standards. No impacts
to fire/EMS are expected,
b) Police [] [] ~ ~
he C~ty s Threshold Standards require that police units must respond to 84 % of Priority 1 calls
within 7 minutes or less and maintain an average response time to all Priority 1 calls of 45
minutes or less. Police units must respond to 62 % of the Priority II urgent calls throughout the
City within '7 minutes and shall maintain an average response time to all Priority II calls of 7
minutes or less.
Comments: According to the Chula Vista Police Department, the proposed driveway and traffic signal
will not impact the current level of service. The Police Department will be able to maintain the current
level of service. No impacts to police service are anticipated.
c) Traffic [] [] [] ~
The Threshold Standards require that all intersections must operate at a Level of Service (LOS)
"C" or better, with the exception that LOS "D" may occur during the peak two hours of file day
at signalized intersections. Intersections west of 1-805 are not to operate at a LOS below their
1987 LOS. No intersection may reach LOS "E" or "F' during the average weekday peak hour.
Intersections of arterials with freeway ramps are exempt from this standard.
Comments: Tile 2000 Traffic Monitoring Program Report to the GMOC indicates that the East H Street
segment between Del Rey Boulevard and Pasco Del Rey is currently operating within the Traffic
Threshold Standards. The City's Engineering Traffic Division has indicated that file addition of the
proposed driveway and traffic signal is expected to maintain the existing LOS for traffic on this segment
of East H Street. No traffic impacts are anticipated to result from adding the driveway and traffic signal.
d) Parks/Recreation ~2 D c2 ~
The Threshold Standard for Parks and Recreation is 3-acres/I,000 population.
<.;; ,=~ic~.,:,. ~ac p oposcd p~ojcct wui uot result m additioual population on the City. This threshold
standard does not apply to the proposed project. No conflicts with the Threshold Standard for Parks and
Recreation wilt occur.
e) Drainage [] [] ~ ~
The City's Threshold Standards require that storm water flows and volumes not exceed City
Engineering Standards. Individual projects will provide necessary improvements consistent with
the Drainage Master Plan(s) and City Engineering Standards.
9
Comments: The project will install new catch basins and storm drains along the top and both sides of the
driveway. The City Engineering Division reports that these new facilities, and the existing storm drain
facilities will adequate serve the project and that no significant impacts would occur. The proposed
project complies with the City's Threshold Standard for storm water flows.
e) Sewer [] [] [] []
The City's Threshold Standards require that sewage flows and volumes not exceed City
Engineering Standards. Individual projects will provide necessary improvements consistent
with Sewer Master Plan(s) and City Engineering Standards.
Comments: The proposed project will comply with this Threshold Standard because no sewage would
be generated by the project; thus, no improvements to the sewer system would be required.
f) Water [] [] [] []
The City's Threshold Standards require that adequate storage, treatment, and transmission
facilities are constructed concurrently with planned growth and that water quality standards
are not jeopardized during growth and construction. Applicants may also be required to
participate in whatever water conservation or fee off-set program the City of Chula Vista has
in effect at the time of building permit issuance.
Comment~: The proposed project will not require any water service beyond the landscape irrigation
water currently used on-site. Consequently, the project would comply with this City Threshold Standard
and would not result in an impact to the City's water system.
XlII. UTILITIES AND SERVICE SYSTEMS. Would Potentially
the proposal result in a need for new systems, or s~g~ill~, u.im,
substantial alterations to the following utilities.· lmpacl ~,{illgated Impact Impact
a) Power or natural gas? [] [] [] []
b) Communications systems? t~ [] [] []
c) Local or regional water treatment or [] [] [] []
distribution facilities?
d) Sewer or septic tanks? [] [] [] []
e) Storm water drainage? [] [] r~ []
f) Solid waste disposal? [] [] r~ []
Comments: This project will not result in a need for new or altered systems; however, an existing
storm drain across the parking lot will be relocated. No significant adverse impacts to utilities and
service systems would result.
Mitigation: No mitigation measures are required·
XIV. · AESTHETICS. Would the proposal: Potentially
a) Obstruct any scenic vista or view open to the [] [] [] []
public or will the proposal result in the creation
of an aesthetically offensive site open to public
view?
b) Cause the destruction or modification of a [] [] [] []
scen c route?
c) Have a demonstrable negative aesthetic effect? [] [] [] a
d) Create added light or glare sources that could [] [] [] []
increase the level of skT glow in an area or
cause this project to fail to comply with Section
19.66.100 of the Chula Vista Municipal Code,
Title 197
e) Reduce tm additional amount of spill light? [] [] [] ~
Comments: The proposed project will disturb the existing manufactured slopes on the north side of East
H Street. These slopes contain mature trees and are part of the East H Street scenic corridor. Construction
of the new entrance includes the removal of 2,425 sq.ft, of slope area, including 15 trees from the parking
lot, 17 trees in the open space slope, 11 street median trees, and 22 street trees. Existing trees impacted by
the proposed project with be replaced either on-site or off-site within the Rancho Del Rey maintenance
district. Any off-site tree planting and landscape improvements will be carried out at the owner's expense.
The Public Works Department Open Space Division shall approve the off-site plantings. Alternatively,
the applicant may deposit the cost of the off-site planting in the Public Works Department landscaping
fund. If this alternative is selected, the Public Works Department will implement the planting program as
part of the City's annual landscaping program. All off-site trees, slope planting, and irrigation is subject
to review and approval by the City's Open Space Coordinator.
A landscape plan for the project wilI be prepared and considered as a part of the Design Review
Committee (DRC) process. This process will ensure that the landscape plan that the proposed planting
complements the surrounding vegetation and minimizes the aesthetics impacts of the proposed project.
The design review process will also help ensure that the proposed driveway complements and enhances
the surrounding existing development. As part of the site plan/design review, retaining walls will be
designed to complement the existing landscaping in die existing slope areas.
Mitigation: No mitigation measures are required.
XV. CULTURAL RESOURCES. Would the Potentially
proposal.- Significant Unless Siguillcant No
a) Will the proposal result in the alteration of or [] [] [] []
the destruction or a prehistoric or historic
archaeological site?
b) Will the proposal result in adverse physical or [] [] [] []
aesthetic effects to a prehistoric or historic
building, structure or object?
c) Does the proposal have the potential to cause a [] [] [] ~
physical change, which wonld affect unique
ethnic cultural values?
d) Will the proposal restrict existing religious or [] [] [] ~
sacred uses within the potential impact area?
e) Is the area identified on the City's General Plan [] [] [] []
EIR as an area of high potential for
archeological resources?
Comments: The Conservation and Open Space Element of the General Plan does not identify the projec~
site or surrounding vicinity as an area of potential cultural resources. There are no known cultural
resources in the project area and no significant impacts ~vould result.
Mitigation: No mitigation measures are required.
XVt. PALEONTOLOGICAL RESOURCES. Will the ~] [] [] []
proposal result in the alteration of or the
destruction of paleontological resources ?
Comments: The Conservation and Open Space Element of the General Plan does not identify the project
site or surrounding vicinity as an area of potential paleontological resources. There are no known
paleontological resources on the site or in the adjacent area. The Geotechnical Report boring log indicates
the area to be graded consists of bentonite, cement, concrete and backfill material. No significant impacts
to paleontological resources are anticipated.
Mitigation: No mitigation measures are required.
Potentially
XVlI. RECREATION. Would theproposal; Potentially Signiligant 1~ than
a) Increase the demand for neighborhood or [] [] r~ []
regional parks or other recreational facilities?
b) Affect existing recreational opportunities? [] [] [] []
c) Interfere with recreation parks & recreation [] [] [] []
plans or programs?
Comments: The proposed project would not result in an impact to the City's parks and recreation plans
because it would not increase the demand for recreation facilities or interfere with the City's parks and
recreational programs.
Mitigation: No mitigation measures are required.
XVIII. MANDATORY FINDINGS OF Potentlall)
SIGNIFICANCE: See Negative Declaration for sicilian, n~ si~,~m~t No
mandatory findings of significance, lf an EIR is I*pacl Mitigated Impact Impact
needed, this section shouM be completed.
a) Does rite project have the potential to degrade [] [] [] []
the quality of the environment, substantially
reduce the habitat of a fish or wildlife species,
cause a fish or wildlife population to drop below
plant or animal conununity, reduce the number
or restrict the range of a rare or endangered
plant or animal or eliminate important examples
of the major periods or California history or
prehistory?
Comments: Construction of the project would not result in the removal of native vegetation nor impacts
to sensitive wildlife species or cultural resources.
Mitigation: No mitigation measures are required.
I2
b) Does the project have the potential to achieve [] [] t~ ~
short-term, to the disadvantage of long-term,
environmental goals?
Comments: Constructing a driveway on the site would not affect long-term environmental goals of the
City of Chula Vista in that the project s tes not ~dent~fied for preservation in the C ty s recently adopte
Draft Multiple Species Conservation Program Subarea Plan and the project is consistent with the Cib"s
General Plan.
Mitigation: No mitigation measures are required.
c) Does the project have impacts that are [] [] [] []
individually limited, but cumulatively
considerable? ("Cumulatively considerable"
means that the incremental effects of a project
are considerable when viewed in connection with
the effects of past projects, the effects of other
current projects, and the effects of probable
future projects.)
Comments: The project does not have any impacts that are individually limited, but cumulatively
considerable. The project will result in a secondary means of ingress and egress into an existing
commercial establishment. The added traffic signal will improve traffic and circulation, and reduce
delays at the East H Street/Paseo Del Rey Boulevard intersection. Improved circulation and traffic as a
result of the proposed project will have a positive impact for the surrounding conunercial uses.
Mitigation: No mitigation measures are required.
d) Does the project have environmental effects, ~ [] ~ []
which will cause substantial adverse effects on
human beings, either directly or indirectly?
Comments: The analysis contained in the Initial Study found no evidence indicating the project will
cause substantial adverse impacts to humans.
Mitigation: No mitigation measures are required.
XX1. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project, involving at least
one impact that is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated," as
indicated by the checklist on the following pages.
[] Land Use and Planning [] Transportation/Circulation [] Public Services
[] Population and Housing [] Biological Resources [] Utilities and Service
Systems
[] Geophysical [] Energy and Mineral Resources [] Aesthetics
[] Water [] Hazards [] Cultural Resources
[] Air Quality [] Noise [] Recreation
[] Mandatory Findings of Significance
XXII. DETERMINATION:
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the []
envi~o~qment, and a NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the
environment, there will not be a significant effect in this case because the mitigation
measures described on an attached sheet have been added to the project. A
MITIGATED NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and
an ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have a significant effect(s) on the environment, but
at least one effect: 1) has been adequately analyzed in an earlier document pursuant to []
applicable legal standards, and 2) has been addressed by mitigation measures based on
the earlier analysis as described on attached sheets, if the effect is a "potentially
significant i
mpacts or "potentially significant unless mitigated." An
ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects
that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment,
there WILL NOT be a significant effect in this case because all potentially significant effects []
(a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b)
have been avoided or mitigated pursuant to that earlier El'R, including revisions or
mitigation measures that are imposed upon the proposed project. An addendum has been
P.~d t, o..,prosde a~thisdetermination.
nv~ronmental Review Coordinator Date
City of Chula Vista
RESOLUT ON NO. 2002
RESOLUTION OF THE CIT COUNCIL OF THE CITY OF CHULA
VISTA AMENDING THE RANCHO DEL REY SECTIONAL
PLANNING AREA (SPA) I PLAN, IN ORDER TO ALLOW THE
CONSTRUCTION OF A OUBLE LEFT TURN LANE WITH
ASSOCIATED DRIVEWAY ON EAST "H' STREET, PROVIDING
DIRECT VEHICULAR ACC SS TO THE HOME DEPOT STORE
LOCATED WITHIN THE RANCHO DEL REY COMMERCIAL
CENTER (725 PLAZA COUR ).
WHEREAS, a duly veri ed application for an amendment to the Rancho del
Rey Sectional Planning Area I (S A) Plan was filed with the Planning Department of
the City ofChula Vista on April 13, 2000 by the Home Depot; and,
WHEREAS, said applic tion requests an amendment to the Rancho del Rey
SPA I Plan in order to allow the c nstruction of a double left turn lane with associated
driveway on East "H" Street, pr viding direct vehicular access to the Home Depot
store located within the Rancho el Rey Commercial Center (725 Plaza Court); and,
WHEREAS, the Enviro mental Coordinator has reviewed the proposed
project for compliance with th California Environmental Quality Act and has
determined that the project was c vered in previously adopted Environmental Impact
Report FEIR-92-02. The Enviro ental Review Coordinator has determined that
only minor technical changes or additions to this document are necessary and that
none of the conditions describe in Section 15162 of the State CEQA Guidelines
calling for the preparation of a ubsequent document have occurred; therefore, the
Environmental Review Coordina or has prepared an addendum to this document, IS-
00-10; and,
WHEREAS, the Planni Commission at its meeting of January 23, 2002
recommended approval of the pr posed modifications to the Rancho Del Rey SPA I
Plan; and
WHEREAS, the City C uncil set the time and place for a hearing on said
amendment and notice of said haring, together with its purpose, was given by its
publication in a newspaper of ge eral circulation in the City as least ten days prior to
the hearing, and,
WHEREAS, the hearin was held at the time and place as advertised,
namely March 19,2002 at 7:00 .m. in the Council Chambers, 276 Fourth Avenue,
before the City Council and said earing was thereafter closed; and,
,
NOW THEREFORE, B1 IT RESOLVED that the City Council does hereby
in accordance with Section 19.4 .100 of the Zoning Code, make the findings listed
below in modifying the Rancho el Rey SPA I Plan:
Ir'~
I
A.
The proposed section I planning area plan is in conformity with the
general development p an of the P-C zone, any adopted specific plans. and
the Chula Vista Gener I Plan and its several elements.
The proposed SPA am ndment to allow the construction of a left turn lane
into Home Depot is in onformance with the Chula Vista General Plan and
Rancho Del Rey Ge eral Development Plan. The left turn lane will
facilitate vehicular ac ess throughout the Rancho Del Rey Commercial
Center by diverting a tomobiles bound for Home Depot directly to the
Home Depot parking I 1. The left turn lane would contribute to the overall
goal of the City's G neral Plan Transportation Element by facilitating
efficient and safe tr sportation. Planned landscape improvements will
minimize the project' impacts upon City open space areas and maintain
project compliance wi the Open Space Element of the General Plan.
B.
The proposed section I planning area plan would promote the orderly,
sequentialized develop ent of the involved sectional planning area.
The SPA amendment ould further promote the orderly development of
the sectional plannin area by improving traffic flow throughout the
Rancho Del Rey Com ercial Center.
The proposed section I planning area plan would not adversely affect
adjacent land use, re idential enjoyment, circulation, or environmental
quality. :
I
The proposed SPA a~endment would not adversely affect adjacent land
use, residential enjoyntent, circulation or environmental quality. The SPA
amendment to allow tþe construction of left turn lane into Home Depot
would improve traffic I circulation and maintain the overall quality of the
open space area abutting the site. Surrounding land uses and residences
would not be adversel~ affected by the SPA amendment request, and.
BE IT FURTHER RESOLVED that the City Council considered the
addendum to FEIR-92-02 and am~nds the Rancho del Rey Sectional Planning Area I
(SPA) Plan, in order to allow the! construction of a new left turn lane and associated
driveway on East "H" Street, pr~viding direct vehicular access to the Home Depot
store located within the Rancho þel Rey Commercial Center (725 Plaza Court), as
shown in Attachment "A" to this resolution.
C.
Presented by:
Approved as to form by:
#f/J
Robert A. Leiter
Director of Planning and Building
J:\attomey\reso\Home Depot
F7'o
COUNCIL AGENDA ITEM
ITEM: C¡
MEETING DATE: 3/19/02
ITEM TITLE:
Report on Child Care in Chula Vista
SUBMITTED BY:
Child Care Commission
REVIEWED BY:
City ManagerG{¿....
f. \-;\'
{Of
(4/5th Vote:
Yes- NoD
INTRODUCTION
The City ofChula Vista has long recognized that childcare is an important issue in a city
such as ours. In recent years, the City has:
Included child care as an element of the City's General Plan
Addressed child care issues in the "Chula Vista 2000" strategic plan and the
subsequent "Chula Vista 21" report
Established the Chula Vista Child Care Commission as a result of the Chula Vista
2000 strategic plan
Streamlined the day care permit process in the Planning and Building Department
Expanded the traditional recreation-based afterschool programs into the current
STRETCH and DASH programs at 26 elementary school sites now operated by
the Library Department
Authorized the funding of a half-time Child Care Policy Advocate now located at
the Chula Vista Coordinating Council office
THE STATUS OF CHILD CARE TODAY IN CHULA VISTA
Supply vs. Demand
However, there is still much work to be done, especially in regards to the number of
affordable child care spaces available in the community. The reality is that demand far
out paces supply.
The 2000 Census reports that there are 15,583 children between the ages of 0-4 residing
in thc City. 'I'his group represents 9% of the City's total population.
As of January 2002, there were 132 childcare facilities in Chula Vista to serve these
15,583 children:
47 - Licensed child care centers
26 - School-age child care centers
51 - Large family day care centers
8 - Infant/toddler centers
Page2, Item 7
Meeting Date: 3/19/02
In addition, there are approximately 300 small family day care homesfi
In 1999, the childcare facilities in Chula Vista (not including small family day care
homes) were able to provide some 2,064 spaces.2
Infant - 36
Toddler- 18
Preschool- 2,010
Total number of spaces - 2,064
Of course, not every family needs outside childcare. However, demand does outstrip
supply as demonstrated by the number of children waiting to enter local childcare
programs. For example, currently there are 259 children on the wait list for
infant/toddler care in Headstart, 27 children on the wait list for the Episcopal Community
Services childcare program, and 2 children waiting to enter the Chula Vista Elementary
School District's childcare program.
Cost
Affordability of childcare is clearly an issue. The average cost for fulltime childcare, in a
for-profit program, is approximately $145-$190 a week per child. The average weekly
cost for a child in a not-for-profit program is between $125-$175. This cost is obviously
unaffordable for many people, especially the low income and single parent family and the
person in Welfare-to Work programs.
Training
Finally, there is the transitory nature and quality of private childcare providers. Private
home-based providers tend to stay in business a short time, generally while their own
children are young. In an effort to improve the quality of childcare provided by private
caregivers in the South Bay, a series of free courses/trainings have been offered to both
licensed and licensed-exempt childcare providers by the Child Care Policy Advocate.
The first three trainings that have been offered (First Aid/CPR/Health Practices) met the
training requirements of the California Health and Safety Code (AB 243). These were
offered as a means to encourage the license-exempt childcare providers to become
licensed.3 Additional trainings have been offered in collaboration with Neighborhood
~ttsc Associdtio~J (N~iA) atto Southwestern College in other subjects, including
nutrition, cultural diversity, establishing childcare in the home, etc.
A total of 91 licensed-exempt chi ldcare providers, caring for a total of 182 children, have
attended these trainings. Some 41% of the attendees were residents of Chula Vista.
~ Factual data regarding small family day care homes is unavailable due to privacy laws
2 Data gathered from the 91910, 91911, 91913, 91914, 91915 Zip Codes
~ Getting licensed is important in a variety of ways. For example, a licensed facility or family home
provider is eligible for training opportunities, tax deductions, advertisement opportunities. They are also
eligible for a subsidy, which increases the affordability of childcare. Licensed facilities also must meet
mininmm standards lbr health and safety.
Page 3, Item
Meeting Date: 3/19/02
Other
Not-for-profit agencies are eligible to receive grants to operate centers but often don't
have facilities at which to operate them. For example, Episcopal Community Services is
the subcontractor to the to the Neighborhood House Association (NHA) for Federal
Headstart. As a result, they receive these funds to operate childeare centers, but they do
not have an adequate number of facilities. Funds are generally not available for rent or
purchase of land and buildings.
ECONOMIC BENEFITS TO THE COMMUNITY BY PROVIDiNG ADEQUATE
CHILD CARE
In 1999, the California Children and Families Commission and L1NCC Project/National
Economic Development and Law Center conducted a study that proved that Ventura
County's childcare industry provides a social infrastructure that is critical to the County's
overall economic vitality and its quality of life. The study found that the childcare
industry alone supports nearly 7,700 local jobs and generates $142 million in gross
receipts. Moreover, child care sustains the County's growing workforce by enabling
parents to take new jobs, to return to previously held jobs sooner, and to increase
productivity and advancement where they are already employed.
VISION OF THE COMMISSION
The Commission envisions the City increasing the availability and accessibility to
childcare by providing the infrastructure and partnering with other social service agencies
who will operate and staff a center for population 0-5 years. In return, the City should
expect space in the center for childcare needs of City employees. As a result, the
Commission anticipates economic benefits similar to those experienced by Ventura
County.
in May of 200 l the Commission members toured the City and viewed five publicly and
privately owned sites that could be used as a childcare facility. They were:
Present Public Works Corporation Yard on F Street
o l~eters ~aracn Center site at the south end of 3~ ~v~
Previous Home finding Center at Rancho Del Rey
Old Fire Station 4 on Otay Lakes Road
Vacant land in the 300 block of 3fa, formerly the Windmill Farms Market site
o Rice Elementary School/Charter school buildings
Although some of these sites are no longer available for use as a childcare facility, they
do serve as an example of the potential the Commission sees.
Page 4, Item ~
Meeting Date: 3/19/02
RECOMMENDATION FROM THE COMMISSION
That the Council accept the report and direct staff to:
· Identify infxastructure in the form of land and/or buildings and partnerships with
social service agencies such as Head Start, employer-supported and private
centers who agree to make spaces available to low and moderate income clients,
Consider the potential for identifying sites for childcare when considering
development plans, especially on the west side of the City. The City is
encouraged to look at all possible sites and let it be known that it is interested in
establishing a partnership with social service agencies.
FISCAL IMPACT
tt is unknown and dependent on the site or sites and extent of improvements needed.
Grants or Community Development Block Grant (CDBG) funds may be available to
offset some or part of the costs.